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2A CCSLM GRANT D E E D n1-i BaA0436 PAGf163 sac c S) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walter R. Simons of Los Angeles, California hereby grants unto the City of Santa Monica, a municipal corporation, the following described real property located in the City of Santa Monica, County of Los Angeles, State of California, to -wit: All of Lot 2, Block 29, Erkenbrecher Syndicate, Santa Monica Tract, as shown in Map Book 6, pages 26 and 27 of Maps, Records of Los Angeles County; and All of Lots 1, 3, 5, and 7, Block 1, Villa Tract, as shown in Map Book 6, page 165 of Maps, Records of Los Angeles County; and All of Lot 4, Block 28, Erkenbrecher Syndicate, Santa Monica Tract, excepting therefrom the south- easterly 425 feet thereof; and All of Lot 5, Block 28, Erkenbrecher Syndicate, Santa Monica Tract, excepting therefrom the south- easterly 425 feet thereof; and Those portions of Stewart Street (formerly Stewart Alley) and Delaware Avenue (formerly Towner Avenue), vacated by order of the Los Angeles County Board of Supervisors, as shown in Miscellaneous Records, Book 107, page 30, Records of Los Angeles County, described as follows: Stewart Street, from its intersection with the centerline of Delaware Avenue to a line 425 feet northwest from and parallel with the southeasterly line of lot 5 of said Block 28, excepting therefrom the northeasterly 20 feet of said vacated portion of Stewart Street; and the southeasterly 30 feet of Delaware Avenue from Stewart Street to a line 529.35 feet southwest of the south- westerly line of Stewart Street and parallel thereto; and The southeasterly 30 feet of a portion of Delaware Avenue vacated by Special Ordinance No. 91 (Street Series) described as follows: Beginning at the most southerly corner of lot 4, Block 29, said Erkenbrecher Syndicate, Santa Monica Tract; thence northeasterly along the northwesterly line of Delaware Avenue 177.45 feet to a point; thence South 44 degrees, 48 minutes, East 60 feet to a point in the southeasterly line of Delaware Avenue; thence Southwesterly along the southeasterly line of Delaware Avenue 177.50 feet to the most westerly corner of lot 4, Block 28, said Erkenbrecher Syndicate, Santa Monica Tract; thence northwesterly in a direct line across Delaware Avenue 60 feet to the point of beginning. c'l r e cl f7 6 O IMAG431S 04461E 114 Subject to the following easement for the installa- tion of railroad tracks and necessary poles and guy wires, pro- vided, however, that such installation shall not be made in such a manner as to interfere with the use of said property as a roadway or thoroughfare for vehicles or pedestrians and provided, further, that the City of Santa Monica, its successors or assigns, shall have the right to use said easement or any railroad tracks now or hereafter installed thereon or to install, operate and maintain any tracks thereon provided that said City's rights in no manner shall exclude the use by Walter R. Simons, his heirs or assigns, of said easement or any tracks now or hereafter Installed on said easement, Said easement more particularly is described as follows: A strip of land 20 feet in width being a portion of Lot 5, Block 28, Erkenbrecher Syndicate Santa Monica Tract, as per map recorded in Map Book 6, pages 26 and 27 of Maps, Records of Los Angeles County, toge- ther with portions of Stewart Alley and Towner Avenue vacated adjoining said lot, all in the City of Santa Monica, County of Los Angeles, and State of California, the center line of which strip is described as follows: Beginning at a point in the northeasterly line of said Lot 5, 425' northwesterly from the southeasterly line of said Lot 5; thence Al 440 48' W along said northeasterly line, 143.14 feet more or less to the beginning of a curve concave to the south and having a radius of 400 feet; (a radial line through said point bears S 450 12t W); thence alonW said curve through a central angle of 120 32' 30 a distance of 87.56 feet more or less to its intersection with the center line of that portion of Towner Avenue shown as vacated on Heap recorded in Book 107, page 30 of Miscellaneous Records, said intersection being the end of the center line of the easement. Also subject to general and special county and city taxes for the year 1949 -1950, a lien not yet payable; unrecorded leases affecting Lots 4 and 5 of said Block 28 in favor of Loyd A. Williams, Edward Y. Treffinger and others,' as disclosed by a Notice of ikon- Responsibility executed by Simons Brick Com- pany, a corporation recorded December 13, 1946 in Book 24049, Page 155, Official Records. IN WITNESS WHEREOF the undersigned has executed these premises this day of , 1949. r - 2 - Walter R. S. bns 4-. 0 I ADOPTED and APPROVED this 14th day of June 1949* ATTEST: Mayor City Clerk I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a regular meeting thAreof hold on the 14th day of June , 1949, by the following vote of the Council: AYES: Counotlmen:Dlekinson, E;uereio, Hart, ',icCarth,, Neilson, Gates NOES: Councilmen: None ABSENT: Councilmen-. Barnard City lark Y AnDroved as to form this 13_ day of June 1949. ROYAL M. SORENSEN Royal M. Sorensen, City Attorney 2 r -ooa30436 PAGf 166 239 RESOLUTION NO. (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY" COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EMCISE THE C'ITY$$ OPTION TO PURCHASE CERTAIN REAL PROPEeTY NOW BELONGING TO THE SIMONS BRICK COMPANY. ttiEHEAS, on or about the 6th day of August, 1947, the City of Santa Monica and the Simons Brick Company entered into an option whereby the City of Santa. Monica had the right to purchase certain real property described in said option and at the price stated therein; and WHEREAS, said option expires on July 1, 1949; and WHEREAS, said option contains certain obligations on the part of the City in the event said option is exercised; NOW# THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS.$ SECTION 1. That the City Manager be and he hereby is authorized to exercise said option on behalf of the City of Santa Monica, to enter into an escrow agreement for completing the transfer of the title to the property described in said option to said city and to do all things necessary in connection with said escrow and to accept any grant deed to said property on behalf of the city. SECTION 2, The City Clerk shall certify to the adop- tion of this resolution and thenceforth and thereafter the same shall be in full force and effect. ' Ir I hereby certify that the foregoing re o Q "; 'AGEi6% duly adopted by they City Council of the City of Santa Monica at a .regular meeting thereof held on the $th day of March_, 1949, by the following Tote of the Council: AYES: Counollmen:Barnard, Guerclo, Hart, Neilson, Sehimmer, Talmage, Getes NOES: Counailmeen :None ASUNT Councilmen None i A 3 hyypp gg � � City ClPft aE� rF� 4 r r W!form this k6r ch. ROYAL M. 030RENSRN Royal • Sorensen, aity Attorney \. DOCUr.,r.., , ,,z„ � 291 �f TITLE JNSi, °MACE &I JUN N 2) 1949 AT 8 A. M. �34436 ppA 143 fTfs.L �t��RDS Ackftnty. 'mss- Angeles, California �o -�nty�ec�r�er V ,- 2 4+ .0- E STATE OF CALIFORNIA ) sooK30436 PAK165 ) ISO. COUNTY OF LOS ANGELES ) Ong �1 I before me the undersigned, a Notary Public in and for said County and State, persafial y appeared WALTER R. SIMONS, known to me to be the person,-&ose name is subscribed to the above and foregoing C and acknowledged that he executed the sane. WITNESS my hand and official seal. F = It Notary Public in and for said County and State. �� �tl)' i;onrmtssio❑ Expires April � 11)6T CITY IbC,iiG Approv as to rm this a f..:- - - - - -- 196 A7 C FRNEY i 1 r tf 2 Deed 2 -A RESOLUTION NO. 284 ( CITY COTJNCIL S V,`=JEa ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEnTING A GRANT HEED FROM WALTER R. STMONS. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS; SECTION 1. That the City Manager be and he hereby is authorized to accept on behalf of the City that certain Grant Deed from Walter R. Simons to the City of Santa Monica, whereby said Walter R. Simons grants to the City of Santa Monica all of his right, title, and interest, in and to the following deFcribed property: All of Lot 2, Block 29, Erkenbreeher Syndicate, Santa Monica Tract, as shown in Map Book 6, pages 26 and 27 of gaps, Records of Los Angeles County; and All of Lots 1, 3, 5 and 7, Block 1, Villa Tract, as shown in Map Book 6, rage 165 of Daps, Records of Los Angeles County; and All of Lot 4, Block 28, Erkenbreeher Syndicate, Santa Monica Tract, excepting therefrom the south- easterly 425 feet thereof; and All of Lot 5, Block 28, Erkenbrecher Syndicate, Santa Monica Tract, excepting therefrom the south- easterly 425 feet thereof; and Portions of Stewart Street and Delaware Avenue, previously vacated; and Reserving from said arrant an easement of 20 feet In width; which said easement is a rortion of said Lot 5, Block 28, Erkenbrecher Syndicate, Santa Monica Tract. SECTION 2. That the City Manager hereby is authorized to do all things necessary to complete the transfer of said property to said City and cause the deed to ',,e recorded in the County Recorder's Office. SECTION 3. That the City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full farce and effect. - Z - R. T. 167 • • LOT 2 BLOCK 29 ERKENBRECHER SYNDICATE SANTA MONICA TRACT o� i THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. LOTS 4 AND 5 BLOCK 28 ERKENBRECHER SYNDICATE SANTA MONICA TRACT AND PORTION OF BLOCK I OF VILIA TRACT AISO PORTION OF VACATED STREETS AND ALLEYS ADJOINING THIS IS NOT A SL1 ZY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. Form 1014 -1 5 -40 California Land Title Association Standard Form' Copyright 1947 (T. I. Revision 4-44) 0 lr/aA�i cif Title Insurance and • • Premium $ .............11- dv'�� Trust Company a corporation of Los Angeles, California, herein called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule B the owner of which is named as an insured and any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule A, or any part thereof, by lawful means in satisfac- tion of said indebtedness or any part thereof, any federal agency or instrumentality acquiring said land under an insurance contract or guaranty insuring or guaranteeing said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a cor- porate named insured, against loss or damage not exceeding the amount stated in Schedule A which any insured shall sustain by reason of title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown in Schedule B; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or by reason of any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B; all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY by Sty,. �. PRESIDENT ------------------------ SECRETARY Form 100 -A,11 � sf r .ter„ _... -:.... Amount $ 75, 000.00 4JGS SCHEDULE A Date ,Tune 30, 19149 at 8 :00 A.M. INSURED CITY OF SANTA MONICA, a municipal corporation. 1. The title to said land is, at the date hereof, vested in CITY OF SANTA MONICA, a municipal corporation. 0• � Policy No. 3011360 2. Description of land in the county of Los Angeles, state of California, title to which is insured by this policy: All of lot 2, Block 29, Erkenbrecher Syndicate Santa Monica Tract, in the city of Santa Monica, as shown in Map book 6, pages 26 and 27 of Maps, Records of Los Angeles County; and All of lots 1, 32 5 and 7. Block 1, Villa Tract, in the city of Santa Monica, as shown in Map book 6 page 165 of Maps, Records of Los Angeles County; and All of lot 4, Block 28, Erkenbrecher Syndicate Santa Monica Tract, in the city of Santa Monica, excepting therefrom the southeasterly 425 feet thereof; and All of lot 5, Block 28, Erkenbrecher Syndicate Santa Monica Tract, in the city of Santa Monica, excepting therefrom the southeasterly 425 feet thereof; and Those portions of Stewart Street (formerly Stewart Alley) and Delaware Avenue (formerly Towner Avenue), vacated by order of the Los Angeles County Board of Supervisors, as shown in Miscellaneous Records, book 107 page 30, Records of Los Angeles County, described as follows: Stewart Street, from its intersection with the centerline of Delaware Avenue to a line 425 feet northwest from and parallel with the • 0 southeasterly line of lot 5 of said Block 2 therefrom the northeasterly 20 feet of said of Stewart Street; and the southeasterly 30 Avenue from Stewart Street to a line 529.35 of the southwesterly line of Stewart Street thereto; and 3, excepting vacated portion feet of Delaware feet southwest and parallel The southeasterly 30 feet of a portion of Delaware Avenue vacated by Special Ordinance No. 91 (Street Series) described as follows: beginning at the most southerly corner of lot, Block 29, said Erkenbrecher Syndicate Santa Monica Tract; thence northeasterly along the northwesterly line of Delaware Avenue 177.45 feet to a point; thence South la.V 481, East 60 feet to a point in the southeasterly line of Delaware Avenue; thence southwesterly along the southeasterly line of Delaware Avenue 177.50 feet to the most westerly corner of lot 4, Block 28, said Erkenbrecher Syndicate Santa Monica Tract; thence northwesterly in a direct line across Delaware Avenue 60 feet to the point of beginning. Form 1012 -B 6-40 • • • i SCHEDULE B [A] The Company does not, by this policy, insure against loss by reason of: 1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal District, (b) of the county, or (c) of the city, in which said land or any part thereof is situated; 2. Rights or claims of persons in possession of said land which are not shown by those public records which impart constructive notice; 3. Any facts, rights, interests, or claims which are not shown by those public records which impart construc- tive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession thereof, or by a correct survey; 4. Mining claims, reservations in patents, water rights, claims or title to water; 5. Any governmental acts or regulations restricting, regulating, or prohibiting the occupancy or use of, said land or any building or structure thereon. [B] Liens and encumbrances to which said title is subject shown in the order of their priority, and defects and other matters to which said title is subject: 1. General and special county and city taxes for the fiscal year 1949-1950, a lien not yet payable. 2. Unrecorded leases affecting lots 4 and 5 of said Block 28 in favor of Loyd A. Williams I Edward Y. Treffinger and others, as disclosed by a notice of non-responsibility executed by Simons Brick Company, a corporation, recorded December 13, 1946 in book 240-9 page 155 of Official Records. 3. An easement for railroad tracks, poles, wires and incidental purposes over a strip of land 20 feet in width being a portion of lot 5. Block 28 Erkenbrecher Syndicate Santa Monica Tract, as per map recorded in Map book 6 pages 26 and 27 of Maps, Records of Los Angeles County, together with portions of Stewart Alley and Towner Avenue vacated adjoining said lot, all in the city of Santa Monica, County of Los Angeles and state of California, the center line of which strip is described as follows: Beginning at a point in the northeasterly line of said lot 5, 425 feet northwesterly from the southeasterly line of said lot 5; thence North 44° 481 West along said northeasterly line, 143.14 feet more or less to the beginning of a curve concave to the south and having a radius of 400 feet; (a radial line through said point bears South 450 121 West); thence along said curve through a central angle of 120 321 3011 a distance of 87.56 feet more or less to its intersection with the center line of that portion of Towner Avenue shown as vacated on map recorded in book 107 page 30 of Miscellaneous Records, said intersection being the end of the center line of the easement as referred to in the deed from Walter R. Simons, recorded June 30, 1949• Form 1012rC -1 6 * 0 • • 0. STIPULATIONS SCOPE 1. This policy does not insure against, and the OF Company will not be liable for loss or damage COVERAGE created by or arising out of any of the follow- ing: (a) defects, liens, claims, encumbrances, or other matters which result in no pecuniary loss to the insured; (b) defects, liens, encumbrances, or other matters created or occurring subsequent to the date hereof; (c) defects, liens, encumbrances, or other matters created or suffered by the insured claiming such loss or damage; or (d) defects, liens, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, unless such defect, lien, claim, encumbrance, or other matter shall have been dis- closed to the Company in writing prior to the issuance of this policy. Any rights or defenses of the Company against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. DEFENSE OF 2. The Company at its own cost shall defend ACTIONS the insured in all actions or proceedings against the insured founded upon a defect, lien, encumbrance, or other matter insured against by this policy, and may pursue such litigation to final determination in the court of last resort. In case any such action or proceeding shall be begun, or in case knowledge shall come to any insured of any claim of title or interest adverse to the title as insured, or which might cause loss or damage for which the Company shall or may be liable NOTICE OF by virtue of this policy, such insured shall at ACTIONS once notify the Company thereof in writing. OR CLAIMS If such notice shall not be given to the Com- TO BE pany at least five days before the appearance GIVEN BY day in any such action or proceeding, or if THE INSURED such insured shall not, in writing, promptly notify the Company of any defect, lien, encumbrance, or other matter insured against, or of any such adverse claim which shall come to the knowledge of such insured, in respect to which loss or damage is apprehended, then all liability of the Company as to each insured having such notice in regard to the subject of such action, proceeding, or claim shall cease and ter- minate; provided, however, that failure to so notify shall in no case prejudice the claim of any insured unless the Company shall be actually prejudiced by such failure. The Company shall have the right to institute and prosecute any action or proceeding or do any other act which, in its opinion, may be necessary or desirable to establish the title, or any insured lien or charge, as insured. In all cases where this policy per- mits or requires the Company to prosecute or defend any action or proceeding, the insured shall secure to it in writing the right to so prosecute or defend such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the insured for such purpose. Whenever requested by the Company the insured shall assist the Company in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, prosecuting or defending such action or proceeding to such extent and in such manner as is deemed desirable by the Company, and the Company shall re- imburse the insured for any expense so incurred. The Com- pany shall be subrogated to and be entitled to all costs and attorneys' fees incurred or expended by the Company, which may be recoverable by the insured in any litigation carried on by the Company on behalf of the insured. The word "knowledge" in this paragraph means actual knowledge, and does not refer to constructive knowledge or notice which may be imputed to the insured by reason of any public record or otherwise. OPTION TO 3. The Company reserves the option to PAY, SETTLE, OR pay, settle, or compromise for, or in the COMPROMISE name of, the insured, any claim insured CLAIMS against or to pay this policy in full at any time, and payment or tender of payment of the full amount of this policy, together with all accrued costs which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder, including all obligations of the Com- pany with respect to any litigation pending and subsequent costs thereof. SUBROGATION 4. Whenever the Company shall have set - UPON PAYMENT tied a claim under this policy, it shall be OR SETTLEMENT subrogated to and be entitled to all rights, securities, and remedies which the insured would have had against any person or property in respect to such claim, had this policy not been issued. If the payment does not cover the loss of the insured, the Company shall be subrogated to such rights, securities, and remedies in the proportion which said payment bears to the amount of said loss. In either event the insured shall transfer, or cause to be transferred, to the Com- pany such rights, securities, and remedies, and shall permit the Company to use the name of the insured in any transaction or litigation involving such rights, securities, or remedies. OPTION TO PAY S. The Company has the right and INSURED OWNER option, in case any loss is claimed OF INDEBTEDNESS under this policy by an insured owner AND BECOME of an indebtedness secured by mort- OWNER OF gage or deed of trust, to pay such SECURITY insured the indebtedness of the mort- gagor or trustor under said mortgage or deed of trust, to- gether with all costs which the Company is obligated here- under to pay, in which case the Company shall become the owner of, and such insured shall at once assign and transfer to the Company said mortgage or deed of trust and the indebt- edness thereby secured, and such payment shall terminate all liability under this policy to such insured. NOTICE OF 6. A statement in writing of any loss or damage LOSS for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been ascer- 'LIMITATION tained. No action or proceeding for the re- OF ACTION covery of any such loss or damage shall be instituted or maintained against the Company until after full compliance by the insured with all the conditions imposed on the insured by this policy, nor unless commenced within twelve months after receipt by the Company of such written statement. PAYMENT OF 7. The Company will pay, in addition to LOSS AND any loss insured against by this policy, all COSTS OF costs imposed upon the insured in litigation LITIGATION. carried on by the Company for the insured, INDORSEMENT and in litigation carried on by the insured OF PAYMENT with the written authorization of the Com- ON POLICY pany, but not otherwise. The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the insured and costs which the Company is obligated hereunder to pay, and in no case shall such total liability exceed the amount of this policy and said costs. All payments under this policy shall reduce the amount of the in- surance pro tanto, and payment of loss or damage to an in- sured owner of indebtedness shall reduce, to that extent, the liability of the Company to the insured owner of said land. No payment may be demanded by any insured without produc- ing this policy for indorsement of such payment. MANNER OF S. Loss under this policy shall be payable, PAYMENT OF first, to any insured owner of indebtedness LOSS TO secured by mortgage or deed of trust shown INSURED in Schedule B, in order of priority therein shown, and if such ownership vests in more than one, payment shall be made ratably as their respective interests may appear, and thereafter, any loss shall be payable to the other insured, and if more than one, then to such insured ratably as their respective interests may appear. If there be no such insured owner of indebtedness, any loss shall be payable to the in- sured, and if more than one, to such insured ratably as their respective interests may appear. DEFINITION 9. The term "land" when used herein shall be OF LAND construed to include the land herein described specifically or by reference and improvements affixed thereto which by law constitute real property. WRITTEN 10. No provision or condition of this policy INDORSEMENT can be waived or changed except by writing REQUIRED TO indorsed hereon or attached hereto signed by CHANGE the President, a Vice - President, the Secretary, POLICY or an Assistant Secretary of the Company. Tountu of mi Augrfeli 505 Hall of Justice Eas Angeles 12, Taltforma January 31, 1950 K. O® Grubb, City olerk City of Santa Monica. Santa Monica, Calif. Dear sir , Attn: G ®W.Taylor File: Pursuant to your letter of august 2, 1949 and upon order of the Honorable Board of Supervisors dated November 1, 1949 taxes were cancelled on the follow.ing described property by our Authorization No. 1.09t3LF m Lot 21 Blk 29, Nrkenbrecher Syndicate Santa Monica Tract. Lots 1, 3, 5 and 7, Blk 1, Villa Tract. Lot 4 By 28 Erkenbr.eche.r Syndicate Santa. Monica Tract, Lot 5 ilk 28 Rrhenbrechev Syndicate Santa Monica 'T'ract. Very truly ;Yours, J. M. LONERY, Uou.nty lud.itor F,y f , Marquiia Dorsett Deputy and Chief gwt -k Tax Division ��', r