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20110364071
Recorder's Office, Los Angeles County,
California
03/09/11 AT 03:40PM
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20110309003D159
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E518169
~' ~
OFFICIAL BUSINESS
Document entitled to free
Recording per Government Code Section 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Santa Monica
1901 Main Street, Suite E
Santa Monica, CA 90405-1191
iiuuiiiiii,iiiir~iii~
SPACE ABOVE THIS LINE FOR RECORDING USE
Parcel Number: 4268-014-902
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, a public body
corporate and politic of the State of California, herein called "Grantor", acting to carry
out the Redevelopment Plan for the Ocean Park Redevelopment Project Areas 1A and
1 B, herein called "Redevelopment Plans", under the Community Redevelopment Law of
the State of California, hereby grants to the CITY OF SANTA MONICA, a charter city,
duly formed, validly existing and in good standing .under the laws of the State of
California, herein called "Grantee", the real property, hereinafter referred to as the
"Agency Parcel", described in the document attached hereto, labeled Exhibit "A" and
incorporated herein by this reference.
(1) The Agency Parcel is conveyed in accordance with and subject to the
Redevelopment Plans, which was approved and adopted by the City Council of the City
of Santa Monica (the "City Council") on June 30t" 1960 and January 24t", 1961, (the
"Project Areas") by Ordinance Nos. 497 and 516 (the "Project Areas"), which results in
the allocation of taxes from the Project Areas to the Agency for purposes of
redevelopment and the Agency's Five-Year Implementation Plan for the Project Areas,
as amended from time to time (the "Implementation Plan") with established goals to
support affordable housing, economic development, community revitalization,
commercial revitalization, and institutional revitalization.
(2) Grantee hereby covenants and agrees for itself, its successors, its assigns, and
every successor in interest to the Agency Parcel that Grantee; such successors and
such assigns, shall develop, maintain, and use the Agency Parcel for any municipal
purpose, including, but not limited to, affordable housing and public improvements, in
conformance with the Redevelopment Plan.
;:i
(3) Grantee covenants and agrees for itself, its successors, its assigns, and all
persons claiming under or through them that there shall be no discrimination against or
segregation of any person or group of persons on account of sex, sexual orientation,
marital status, race, color, creed, religion, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the Agency Parcel, nor
shall Grantee itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the Agency Parcel. The foregoing covenants shall run with
the land.
(4) All deeds, leases or contracts made relative to the Agency Parcel, improvements
thereon, or any part thereof, .shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and for himself
or herself, his or her heirs, executors, administrators, and
assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation
of, any person or group of persons on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code, in the sale, lease, sublease, transfer,
use, occupancy, tenure, or enjoyment of the premises herein
conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any practice
or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the
premises herein conveyed. The foregoing covenants shall
run with the land."
Notwithstanding the paragraph, with respect to familial
status, paragraph (1) shall not be construed to apply to
housing for older persons, as defined in Section 12955.9 of
the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect
Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of
the Government Code shall also apply to the above
paragraph.
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2. In leases: "The lessee herein covenants by and for himself
or herself, his or her heirs, executors, administrators, and
assigns, and all persons claiming under or through him or
her, and this lease is made and accepted upon and subject
to the following conditions:
That there shall be no discrimination against or segregation
of any person or group of persons, on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code, in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any
such practice or .practices of discrimination or segregation
with reference. to the selection, location, number, use, or
occupancy, of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
Notwithstanding the above paragraph, with respect to
familial status, paragraph (1) shall not be construed to apply
to housing for-older persons, as defined in Section 12955.9
of the Government Code. With respect to familial status,
nothing in paragraph (1) shall be construed to affect
Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior .citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of
the Government Code shall apply to the above paragraph.
3. In contracts entered into by the Agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by
the Agency within any survey area of redevelopment project
the foregoing provisions in substantially the forms set forth
shall be included and the contracts shall further provide that
the foregoing provisions shall be binding upon and shall
obligate the contracting party or parties and any
subcontracting party or parties, or .other transferees under
the instrument.
(5) _ All conditions, covenants and restrictions contained in this Grant Deed shall be
covenants running with the land, and shall, in any event, and without regard to technical
classification or designation, legal or otherwise, be, to the fullest extent permitted by law
and equity, binding for the benefit and in favor of, and enforceable by Grantor, its
successors and assigns, against Grantee, its successors and assigns, to or of the
3
f
Agency Parcel conveyed herein or any portion thereof or any interest therein, and any
party in possession or occupancy of said Agency Parcel or portion thereof.
(6) The conditions contained in paragraphs (4) and (5) of this Grant Deed shall
remain in perpetuity, except as otherwise expressly provided herein.
(7) In amplification and not in restriction of the provisions set forth hereinabove, it is
intended and agreed that Grantor shall be deemed a beneficiary of the agreements and
covenants provided hereinabove both for and in its own right and also for the purposes
of protecting the interests of the .community. All covenants without regard to technical
classification or designation shall be binding for the benefit of Grantor, and such
covenants shall run in favor of Grantor for the entire period during which such
covenants shall be in force and effect, without regard to whether Grantor is or remains
an owner of any land or interest therein to which such covenants relate. Grantor shall
have the right, in the event of any breach of any such agreement or covenant, to
exercise all the rights and remedies, and to maintain any actions at law or suit in equity
or other proper proceedings to enforce the curing of such breach of agreement or
covenant.
(8) No violation or breach. of the covenants, conditions, restrictions, provisions or
limitations contained in this :Grant Deed shall defeat or render invalid or in any way
impair the lien or charge of any mortgage or deed of trust or security interest; provided,
however, that any subsequent owner of the Agency Parcel shall be bound by such
remairiing covenants, conditions, restrictions, limitations, and provisions, whether such
owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
(9) None of the terms, covenants, agreements or conditions heretofore agreed upon
in writing in other instruments between the parties to this Grant Deed with respect to
obligations to be performed, kept or observed by Grantee or Grantor in respect to said
Agency parcel or any part thereof after this conveyance of said Agency Parcel shall be
deemed to be merged with this Grant Deed.
(10) The covenants contained in this Grant. Deed shall be construed as covenants
running with the land and not as conditions which might result in forfeiture of title, except
for the covenant and condition contained in paragraph 2 of this Grant Deed.
4
A°S
u .i'
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers hereunto duly authorized this q'I-a.,
day of N~.c....ra„ , 2011.
GRANTOR
Attest:
By: - ~~
Maria Stewart
Secretary
APPROVED AS TO FORM:
Kane Ballmer & Berkman
By:
Murray O. Kane
Agency Special Counsel
Attest:
t3Y: t . ~~ J~ QQ_o.~n.~
Maria Stewart
City Clerk
APPROVED AS TO FORM:
By: I ~
Mar ha Jor~ Moutrie
Cit Attorn
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By:
Richard Bloom
Agency Chair
GRANTEE
CITY OF SANTA MONICA
Rod Gould
City Manager
~d
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to
be executed o their behalf by their respective officers hereunto duly authorized this
~'~ day of ~ "c' U , 2011.
GRANTOR
Attest:
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By:
Maria Stewart
Secretary
APPROVED AS TO FORM:
Kane Ballmer & Berkman
,~ ~~i /
,~ ~ .Murray O. Kane
c Agency Special Counsel
Attest:
By:
Maria Stewart
City Clerk
APPROVED AS TO FORM:
By:
Marsha Jones Moutrie
City Attorney
By:
Richard Bloom
Agency Chair
GRANTEE
CITY OF SANTA MONICA
By:
s
Rod Gould
City Manager
m
~m
:.
State of California
County of Los Angeles
On ~ ~~~.e s 2011 before me, Mcw; ~ (/t,S~,Q.'~(here insert
nam of the officer), Notary Public, personally appeared
~-cSa C=s~t Z. ,who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hisJher/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
;;:;:,. MARIA M. STEWART ~"~
COMM. #1847239 3
NOTARY PUBLIC .cAUPORNiA ~. Signature of Notary Public
LOS ANGELES COUNTY
Comm. Exp. MAY t, 2013
[Seal]
State of California
County of Los Angeles
On his A.~~1.P; 2011 before me, CY~as;.e: W~.Sae..,~-(here insert
name of the officer), Notary Public, personally appeared
~~c.L:.a.~~ 3t oav„~ ,who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
l_A.~ ~~
Signature of otary Public
MARIA M. STEWART
' COMM. X1847239 3
NOTARY PUBLIC ~ CALIFORNIA n
LOS ANGELES COUNTY
[Seal] Comm. Exp. MAY 1, 2013
~~
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Santa Monica, County of Los Angeles, State of California,
described as follows:
Parcel 1:
Part A:
The Southeasterly 100 feet of the Southwesterly 150 feet of Lot 2 in Block 30 of
Erkenbrecher Syndicate Santa Monica Tract, as per map recorded in Book 6 Pages 26
and 27 of maps, in the office of the County Recorder of said county.
Except there from that portion of said land included within the following described lines:
Beginning at the most Southerly corner of said Lot 2; thence Northwesterly along the
Southwesterly line of said Lot 2, a distance of 100 feet to a point; thence Northeasterly
parallel to the Southeasterly line of said Lot 2, a distance of 24:92 feet to a point, said
point being on a curve concave Easterly having a radius of 145 feet (a radial -line
through said point bears North 70° 34' 34" East); thence Southerly along the arc of said
curve an arc distance of 64.06 feet to a tangent point (a radial line through said) point
bears North 45° 15' 45" East); thence Southeasterly parallel to the Southwesterly line of
said Lot 2, a distance of 32-feet, more or less, to a point, said point being Northwesterly
along. last mentioned parallel line a distance of 6 feet from the Southeasterly line of said
Lot 2; thence South 89° 44' 15" East, a distance of 8.49 feet to the Southeasterly line of
said Lot 2; thence Southwesterly along said Southeasterly line of Lot 2, a distance of 17
feet to the point of beginning.
Also except there from that portion thereof described as follows:
Beginning at a point on the Southeasterly line of said Lot distant Northeasterly thereon
17 feet from the Southerly corner of said Lot; thence Northeasterly along said
Southeasterly line a distance of 23 feet to the beginning of a tangent curve concave
Northerly having a radius of 29 feet; thence Westerly along said curve an arc distance
of 45.56 feet, more or less, to a point of tangency in a line parallel with and distant 11
feet Northeasterly measured at right angles, from the Southwesterly line of said Lot;
thence Southeasterly along said parallel line a distance of 26 feet to a point distant
thereon 6 feet Northwesterly from said Southeasterly line; thence Easterly in a direct
line, a distance of 8.49 feet, more or less,. to the point of beginning, recorded April 3,
1975 as Instrument No. 1593, Official Records.
Also except there from that portion Condemned by Final Order of Condemnation, Case
No. BC 191657, a certified copy thereof recorded February 4, 1999 as Instrument No.
99-0187022 and recorded May 2, 1999 as Instrument No. 99-0862531, Official
Records.
.t
~~
Parcel B:
A portion of said Lot 1 commencing at a point in the Southwesterly line of said Lot
distant North 44°45' West 100 feet from the most Southerly corner of said Lot, said point
being the most Westerly corner of the land deeded at Louis T. Holliday recorded in
Book 17322, Page 223, Official Records; thence North 45° 13' 45" East along the
Northwesterly line of said land being parallel to the Southeasterly line of said Lot, a
distance of 24.92 feet to the point of beginning,. said being on a curve in Twenty Sixth
Street, concave Easterly having a radius. of 145 feet (a radial line through said point
bears North 70° 34' 34" East); thence Northerly along said curve being the Easterly line
of Twenty Sixth Street an arc distance of 128.19 feet to a point (a radial line through
said point bears 58° 46' 18" East) said point being the beginning of a tangent curve,
concave in Twenty-Sixth Street concave Westerly having a radius of 700.40 feet; thence
Northerly along said curve of Twenty Sixth Street having a radius of 700.40 feet an arc
distance of 30.23 feet, more or less, to a point in the Northeasterly line of the land deed
to John R. Sanders, recorded March 2, 1949, as Instrument No. 26, in Book 29488,
Page 49, Official Records; thence South 44° 45' East parallel with the Southwesterly
line of said Lot, a distance of 86.63 feet to a point, said point being the most Northerly
corner of said land deed to Louis T. Holliday; thence South 45 degrees 13 minutes 45
seconds West along the Northwesterly line of said land deeded to Louis T. Holliday
being parallel to the Southeasterly line of said Lot, a distance of 125.08 feet to the true
point of beginning.
Parcel 2:
Part A:
That portion of Lot 2 in Block 30 of The Erkenbrecher Syndicate Santa Monica Tract, as
per map recorded in Book 6 Page 24 of maps, in the office of the County Recorder of
said county, described as follows:
Commencing at a point in the Southeasterly line of said Lot, distant thereon, North 45 °
13' 55" East 150 feet from the most Southerly corner of said Lot, said lot, said point
being the most Easterly corner of the land described in the deed to Louis T. Holliday,
recorded in Book 17322, Page 223, Official Records of said county; thence along said
Southeasterly line North 45° 13' 55" East 144 feet; thence parallel with the
Southwesterly line of said Lot, North 44° 45' West 122 feet to the true point of
beginning; thence continuing North 44° 45' West 58 feet; thence parallel with said
Southeasterly line, South 45° 13' 55" West 144 feet Township to the most Northerly
corner of the land described in the deed to Martin H. Mades, et ux., recorded August 22,
1947, as Instrument No.245, in Book 24937, Page 37, Official Records of said county;
thence Southeasterly along the Northeasterly line of said East described land 58 feet;
thence Northeasterly parallel with said Southeasterly line 144 feet to the true point of
beginning.
Part B:
r
~7
F.~
An easement and right of way for road purposes, to be used in common with others in,
over and under and across the following described portions of said Lot 2, Block 30 of
The Erkenbrecher Syndicate Santa Monica Tract:
A strip of land of the uniform width of fifteen feet the Northeasterly side line thereof
being described as follows:
Beginning at the true point of beginning of part a hereinbefore described; thence parallel
with the Southwesterly line of said Lot 2, South 44° 45' East 122 feet to the
Southeasterly line of said Lot, said strip of land to terminate at its Southeasterly end in
said Southeasterly line, and at its Northwesterly end in the Southeasterly boundary of
part a hereinbefore described.
Parcel 3:
That portion of Lot 2, in Block 30, Erkenbrecher Syndicate Santa Monica Tract, as per
map recorded in Book 6, Pages 26 and 27 of maps, in the office of the County Recorder
of said county, described as follows:
Commencing at the Southerly corner of said Lot; thence Northeasterly along the
Southeasterly line of said Lot a distance of 294 feet; thence Northwesterly along a line
parallel with the Southwesterly line of said Lot a distance of 246.80 feet, more or less, to
a point in the Easterly lihe of 26th Street, 74 feet wide, said point being the true point of
beginning; thence Southeasterly along said parallel line a distance of 66.80 feet, more
or less, to a point being distant 180 feet. Northwesterly along said parallel line from said
Easterly line; thence Southwesterly along a line parallel with said Southeasterly line a
distance of 144 feet; thence Northwesterly along a line parallel with said Southwesterly
line a distance. of 6.63 feet, more or less, to a point in said Easterly line, said point being
the beginning of anon-tangent curve concave Westerly and having a radius of 700 feet;
thence Northeasterly along said curved Easterly line an arc distance of 86.93 feet to a
tangent curve, concave Westerly and having a radius of 837 feet; thence Northeasterly
along said curve Easterly line an arc distance the 69.58 feet, more or less, to the point
of beginning.
APN: 4268-014-902
err
CERTIFICATE OF ACCEPTANCE
Pursuant to California Government Code Section 27281, this is to certify that the
interest in real property conveyed by this Grant Deed dated l~l\a,(c~ ~ , 2011, is
hereby accepted pursuant to authority conferred by the CITY SANTA MONICA on
2011, and the Grantee consents to recordation thereof by its duly
authorized officer.
CITY OF SANTA MONICA
Date: ~ ~ ~ ~ ~ By: ~ ~ ~"' ~~
Rod Gould
~" City Manager
~~
ACKNOWLEDGMENT
State of California
County of Los Angeles )
Om March 9, 2011
before me, Vernice Hankins, Notary Public
(insert name and title of the officer)
personally appeared Elaine Mutchnik Polachek
who proved to me on the basis of satisfactory evidence to be the persons}whose name(sjis/aRs
subscribed to the within instrument and acknowledged to m e that he/she/t#rey executed the same in
-k~isdher/N~eir authorized capacityfiesj, and that by#efher/tkeir signature(s}on the instrument the
persons} or the entity upon behalf of which the pers on(s}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature~~'t-` ~-` f~~^°(G ^°
(Seal)
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