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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 26
Title Report No. 67'5 18q6
Title Officer Wm. Brawders
Seller H.F.H. LTD
Address
Telephone No.
AGREEMENT
The following agreement is entered into, in duplicate,
between the CITY OF SANTA MONICA, a municipal corporation, herein-
after referred to as "CITY" and the undersigned owner(s), herein-
after referred to as "OWNER."
WHEREAS, City is going to widen and improve 4th Street
between Bay and Strand, and Ocean Park Boulevard between Lincoln
and Neilson Way with new street surfaces, sidewalks, and other
improvements, which project is to commence appro}dmately in
January of 1968.
NOW, THEREFORE, it is mutually agreed between City and
Owner as follows:
1. Wherever "City" is used herein it shall mean the
City of Santa Monica, its officers, employees, and authorized
agents, including the contractor doing the project work.
2. The parties have set forth herein the whole of their
agreement: any oral agreement or representations by anyone,
whether a party to this agreement, or an agent of a party hereto,
or anyone else, shall not be binding on either party to this
agreement.
3. Owner agrees to sell and City agrees to buy the real
property in the City of Santa Monica, County of Los Angeles,
State of California, described as follows:
Those portions of Lots 5to 8 inclusive, in Block "C" of Ocean Spray
Tract, as per map recorded in Book 19 page 83 of Miscellaneous Records,
in the office of the County Recorder of said County, .described as follows:
Beginning at the westerly corner of said Lot 5; thence South 39052' 21"
East along the Southwesterly lines of said Lots a distance of 160 .feet,
more or less, to the.southerly corner of said Lot 8 ; thence northeast-
erly along the southeasterly line of said Lot 8 a distance of 11.24
feet; thence North 400 04' 20" West a distance of 133.66 feet to a
point, said point lying on a curve concave easterly having a radius of
330 .feet, a radial line passing through said point having a bearing
South 620 52' 3J.'l East; thence northerly along said curve an arc
distance of 132.74 feet to a point of tangency with the northwesterly
line of said Lot 5, said point being the northerly corner of said Lot
5; thence southwesterly along the northwesterly line of said Lot 5
a distance of 140 feet, more or less, to said point of begllmning.
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3A. Coincidentally with the execution and delivery of
this agreement, Owner shall deliver to City a grant deed to said
property. '3, 7.. '2--0. 00
4. City agrees to pay to Owner the sum of $12,S90.00
subject to any conditions and deductions as hereafter set forth.
Said sum includes. but is not limited to the following: Payment
for removal and replacement of any and all plantings, structures,
e.g., sprinklers, walls, steps. etc., and demolition, if any, and/
or remodeling, if any, of buildings and performance of this agree-
ment by City shall relieve City of any liability to Owner on
account of the location or construction of the project. Said sum
shall be paid to Owner subject to any exceptions or provisions
hereafter set forth within 30 days after title to the above de-
scribed property has vested in the City, free and clear of all
liens, encumbrances, and leases, recorded or unrecorded, except
real property taxes for 1967-68 and covenants, conditions, and
restrictions of record, if any.
5. Any or all of the money payable under this agreement
up to and including the total amount of unpaid principal and
interest on any note or notes secured by Deeds of Trust, encumber-
ing said property. together with penalty, if any, for payment in
advance of maturity, shall upon demand by the beneficiary of any
such trust deed be paid to the beneficiary or beneficiaries
entitled thereunder. The deeds of trust securing said note(s)
are as follows:
Louis Laxer, beneficiary, in the original amount of $30,000.00,
dated June 20, 1962, recorded July 6, 1962 in BookT-2475 page 114,
Official Records, .Instrument No. 4846, .
6. Owner may remove any or all improvements. including
plantings, now existing on said property or in the area of the
temporary easement(s), hereafter referred to. If such improvements
or plantings are not removed by the time construction starts on
said project, city, without any liability to Owner, may demolish
said improvements and/or plantings.
7. City agrees that construction shall not start before
March 1, 1968.
8. In addition to said property described in said grant
deed. Owner hereby grants to City a temporary easement for con-
struction purposes on the remaining property of Owner. The area
of said easement is shown on a plan, marked Exhibit A, attached
hereto and made a part hereof. Said temporary easement shall
terminate and be of no further force or effect at the time City
formally accepts the completed project from the contractor doing
the project work.
2.
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9. city agrees to reconstruct any existing driveway
aprons and to reconstruct in similar kind any driveway(s) and/or
walkways in said easement area so as to join Owner's driveway(s)
or walkways adjacent to said easement area with the grade of the
new sidewalk to be constructed.
10. City agrees to construct an engineered wall adequate
to retain any embankment created by the construction of the project
provided the embankment e}:ceeds one foot in height above the grade
of the new sidewalk and to replace soil removed for the construction
of said wall with soil of a similar kind. Embankments less than
one foot shall be sloped.
11- City agrees to replace any soil removed for the pur-
pose of constructing the public sidewalk with soil of a similar
kind and slope the soil between the new public sidewalk and the
grade of Owner's property.
12. City' agrees to reconstruct in similar kind the steps,
if any, affected by the project and shown on said Exhibit A in an
easement area.
13. Owner agrees to permit inspection of any buildings or
structures on Owner's property at any and all reasonable times.
14. Owner consents to the dismissal of any action filed by
City for the condemnation of said property and waives any claim for
costs, attorney's fees, and deposits in said action made by City,
or any claim whatsoever which might arise out of the filing of
such an action, whether or not such claim is specifically identified
in this paragraph.
3.
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15. Owner agrees to demolish any and all buildings or
parts of buildings existing as of the date of this agreement on the
property described in said deed and to clear all debris from said
property. The cost of such demolition and clearance shall be borne
by Owner. The parties agree that the estimated cost of such
demolition and clearance and providing temporary support for the
remaining buildings, without respect to replacing exterior walls
or remodeling the remaining building or structures, is the sum of
$ and that said sum shall be retained by City out of
the sum set forth in paragraph 4 hereof until such time as such
demolition and clearance is completed by Owner. City shall pay
said retained sum to Owner upon completion of said demolition. If
Owner fails to complete said demolition by March I, 1968, Owner's
right to do further demolition shall cease and City shall have the
right immediately after said date to do and/or complete said
demolition work and provide minimum necessary support for the re-
maining structure and Owner agrees that City ma~ to the extent
necessary, enter onto Owner's remaining property to do said demoli-
tion and may keep so much of said money so retained as is necessary
to do the work for a reasonable price. City shall have no responsi-
bility or liability upon completion of such demolition by City to
provide anything but temporary support for the remaining building,
i.e., City shall have no obligation to provide protection from the
elements, etc.,: this shall be the sole responsibility of Owner.
4.
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IN WITNESS ~~REOF, the parties hereto have hereunto
set I:heir hands and seals this Jd day of /7;.LAA..--/U ,
196 . '
CITY OF SANTA MONICA,
~rna;b
H.F.H. ~,a red partner.Mp
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Owner
Son
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~"""'G .'OU,mD BV 317 6KD395OP G 17.~ .:.
C~ of Santa Monica
tNO, WHEN RECORDED MAIL TO - W q RECORDED IN OFFICIAL, RE, CO, ROS
\0'\51 ~'1 <c -J - OF LOS ANGELES counTY, CAUF,
1+ FOR TITLE INSURANCE 8, F~U"T CO
ICity of Santa Monica "I M 1 ' . ,., -
Nom. Office of the City Attorney AR 26 -9G8 AT 8 A.M.
Str..t Ci ty Hall RAY E LEE
Add,... 1685 Main Street . -, County Recorder
Ci~~ot~ LSanta Monica, Calif. -1
MAIL TAX STATEMENTS TO SPAC~ra-'f!h T~~~~\ F~~C~E't'8 ljf:[il Sts
I "I Parcel 26 . ",.. '~;j
Nome i r'REEJ V
Street
Add"u " FREE RECORDING REQUESTED
CHy & /. ESSENTIAL TO ACQUISITION
Stot. L -1 AFFIX tH.S, $_ ______ __..___IN THIS SPACE BY CITY OF SANTA MONICA
No tax due SEE GOV'T CODE 6103
I Grant Deed I
TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
H. F. H. LTD, a limited partnership
hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal eorporation
the following described real property in the Ci t;r ,of Sant;.!i., ,~()Ilica
County of Los Angeles -:st..t.;~rCilif~~-;;i~~'"''
Those portions of Lots 5 to 8 inolusive, Block "CD of Ocean Spray Tract,
as per map recorded in Book 19 page 83 of Misoellaneous ReCOrds, in the
offioe of the County Recorder of said County, described as follows:
Beginning at the Westerly corner of said Lot 5; thenoe South 390 52' 21"
East along the Southwesterly lines of said Lots a distanoe of 160 feet.
more or less, to the Southerly eorner of said Lot 8; thenoe Northeasterly
along the Southeasterly line of said Lot 8 a distanoe of 11.24 feet;
thenoe North 400 04' 20" West a distanoe of 133.66 feet to a point, said
point lying on a curve ooncave Easterly having a radius of 330 feet, a
radial line passing through said point having a bearing South 620 52' 31"
East; thence Northerly along said curve an arc distance of 132.74 feet
to a point of tangency with the Northwesterly line of said Lot 5, said
point being the Northerly corner of said Lot 5; thence Southwesterly
along the Northwesterly line of said Lot 5 a distanoe of 140 feet, more
or less, to said point of beginning.
~, ' H. F. H. LTD., a lim1 ted partnersh
IUJfS NEeES.SARi 11:1. C ' . _ ,:-"7 ~
J'J--. _ '-, '~-'-I".)j0IN OF J/Jrt! By: I~
Dated ' \c...:'\... ~'-'" '7 '" f'- -':: ,A
n oer tb I A
irATE OF CAlifORNIA. ) . ~ K 03950 r Gl74
~ $S.
':~UNTY OF LOS ANGELES ~
· Orl ~ 'l . ,19~
. before me, the undersigned, a Notary Public in and for said State, personally appeared
Robert E. Getz, Louise G. Hahn and
gpn~rrll Elinor G. Hav .' . known tome,
to be 600- &f tl}{ partners of the partnership that executed the wic;:'n :.'strument, _and acknowl-
edged to me that such partnership executed the same.
..wITNESS my hand and official seal.
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i.............,......,...... OFfI.CIAL SEAL , ~C'
! ~,.., ART SIL~ER, .' .--- .~-
i.' ., BLlC.CALlFORNI",'
.. \ . NOT::'~~~AL OFFICE IN ' ""--ART SILVER , _.
i LOS ANGELES c,(),u.,~!~.."._, Mv 'Commission Explre3 Jul-, Z7!. 1968
t~"......"",...,,,..,....... "., - Nota~:~~:{;f~~~dR f~~1~~1aO~tate.
_. ~~.
~OGMENT Partnership Wolcotts Form t36-Rev. :).64
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CERTIFICATE OF ACCEPTANCE
This is to certify that the City of Santa Monica,
California, a municipal corporation, the grantee herein, by
and through its regularly appointed and qualified City Attorney ,
hereby accepts the real property or interest therein conveyed by
the within deed and consents to the recordation thereof by au-
thority of a resolution of the City Council of said City, a certi-
fied copy of which is recorded in Book 01502, page 621, of
Official Records of Los Angeles County, California.
IN WITNESS Y~REOF, I have hereunto set my hand this
13th day of March , 19 68 .
CITY~F~A
a mun1C1 C 10 ,
I. . ~A-/.
by , '/~ .
CITY ATTORNEY
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$'0 FS