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41 CCS 'iI ,. e< - x - ~32265/Jll-2 -9/27/59 , .' \ , \ , \ ,~~J # ft C(S BOOK34736 PAGE:345 e this ltJ day of ~~ 1950, by and between SOUTHE IC RAILROAD CO~~ANY, a corporation of the States of and New Mexico, first party, and CITY OF SANTA MONICA, a municipal corporation of the State of Cali- fornia, second party; WITNESSETH: That first party hereby grants to second party the following described parcel of land situate in the City of Santa Monica, County of Los Angeles, State of California, in the Rancho San Vincente y Santa Monica, as ~hown on map thereof, recorded in Book 3, pages 30 and 31 of Patents, in the office of the Recorder of said County, said parcel of land to be used for street purposes only: BEGINNING at the intersection of the southwest- erly prolongation of the southeasterly line of Lot 8 of Elliott's Addition, as said Lot is shown on maps :ecorded i~ Book 221 page ll, of ~scellaneous Re~ords} 1n the Off1ce of sa1d Recorder, w1th the center l1ne 0 Fourth Street, 60 feet wide, as shown on map of Tract No. 8357 recorded in Book 119, pages 53 and 54 of Maps, in the Office of said Recorder; thence South 44019'22" East along said center line of Fourth Street a distance of lJ5.02 feet to a point on the northerly line of the property described as Parcel No. II of the property acquired by the State of California by Final Order of Condemnation, Los Angeles County Superior Court, Suit No. 378110, recorded in Book 13179, page 100, et seq., of Official Records, in the Office of said Recorder; thence North 87032'29" East thereon a distance of 56.39 feet to a point on a line paraIel with and dis- tant northeasterly 42 feet, measured at right angles, from said center line of Fourth Street; thence North 44019'22" West along said parallel line, a distance of 153.78 feet to said southeasterly line of Lot 8; thence South 69052'33" West along said southeasterly line and the southwesterly prolongation thereof, a distance Of 46.05 feet to the point of beginning; containing an area of 6,065 square feet, more or less. Provided, that the title to the above described parcel of land shall automatically revert to and revest in first party, its successors or assigns, upon abandonment of the use of the same for street purposes. -1- ~_. -, " .7'/ -----.J .....-.--....-- - ..... - --~. -- " . ~/50 '. . , ~ 4t .. <l" .. , . BQOK34736 PAGf346 First deolares that the land being conveyed is not necessary e performance of its daties to the pablic . as prescribed Utilities Act of the State of Cal ifornia, .. and is not needed for its ase in the condact of its business. IN WITNESS WHEREOF, the said first party has caased these presents to be execated by its officers thereunto daly aathorized and its corporate seal to be hereanto affixed, the day and year first herein written. . S'O , .~ The undersigned, SOUTHERN PACIFIC COMPANY, a corporation ~ of the State of Delaware, and PACIFIC ELECTRIC RAILWAY COMPANY, a II I corporation of the State of California, as Lessees of said Southern Pacific Railroad Company, hereby qaitclaim unto said City of Santa Monica, all of their right, title and interest in and to the above described paroel of land situate in the City of Santa Monioa, County of Los Angeles, State of California. Attest: 1 By 1II / Attes ~-~--/ . -"......"... :. ; I~ , B c\ , , ~ ) -2- I . - I ~ I;"N~ '/; ..( # y./ e e e e e e S~ATE OF CALIFORNIA. l ss. BOOK34736 PAGE 34 7 City and County of San Franc<sco \ On this 9th day of October in the year One Thousand Nine Hundred and Fifty before me, RUTH W. GEORGE, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared ! ROY G. HILLEBRAND and CHAS. E. EAGAN, JR., known to me to be the Vice President and Assistant Secretary, respectivelY, ,. of the corporation described in and tho./. executed the within instrument, and also kno'U{!L to me to be the personIL--who executed it on behalf of the corporation therein named and--L....he:<J-- acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I ve hereunto set my and affixed my official seal at my office in the City and nty of. an Francisco, the d y nd year in this certificate first above written. My Commission Expires September 19, 1954. I STATE OF CALIFORNIA,} \l Y ~ ~ County of Los Angeles ON THIS 17th dog of October AD 19.!2Q b f Jean M. Pratt ' . " , e ore me, a Notary Public in and for said Cou.nty and State, personally appeared O. A. SMITH , known to me to be the President, and JNO. j. SUMAN , known to me to be the ~""retarg of Pacific Electric Railway Company the CorporatioT} ~hat executed the withr"n Instrument, known to me to be. the persons who executed the Wlthm Instr':fment, on behalf of the Corporation herein named. (Jnd acknowledged to me that such Corporatton executed the same. IN WITNESSS WHEREOF, 1 have hereunto set mg hand and affixed mg official seal the dag and! ' year In tIns certtficate first above wrttten'_n _,-----. i ' ~ '/_____' ~1/ 7/~2A/~ Notary PublIC In and for said County and Stote, ACKNOWLEDCMENT-CORP.-PRU. &: SEC. WOLCOTTS FORM 226 \vi\ C0MMISSION EXPIHE'S NOVEMBER f~, f!li!53 <11 STATE OF CALIFORNIA l ss. 'I ~ City and County of San FrancisaJ \ ,J On this 9th day of October in the year One Thousand Nine Hundred and Fifty before me, RUTH W. GEORGE, a Notary Public in and for the City and County of San Francisco, Slate of California, personally appeared W. W. HALE and ROY G. HILLEBRAND, known to me to be the Vicp. President, and Assistant Secretary, respectively, of the corporation described in and that executed tha within instrument, and also know11. to me to be the person.-S....-who execltted it on behalf of the corporation therein named and....-.-JUte-J.- acknowledged to me that such corporatwn executed the same. IN WITNESS WHEREOF, I have hereunto set my (and affixed my official seal at my office in the City and ounty of ' 'an Fra1lCisco, the d g41d year in this certificate first above written. /" , te of California. My Commission Expires September 19, 1954. . 333563'/ . In1 , . e :"8 . . . - ~ . PART OFRANCHO SAN VINCENTE Y SANTA MONICA ~ -;S .... ,: I o~'" '3 "" c, iO 9.: ---- / -'/ /0 ~ 40' , '- , ~~ ~ ~, '-S':::., " .... ,j>:-. 'lo.'V~ _~, ''>: 00' 4> _~ Q ,,--' ,;'). "~)'~ if( :) ','-(' . ,,- 5b' 39 - ~ -:-~:r '''3...' '29 ' E I I \ "- I ----&L VI) '.... Clv -- CJ ~---- - ---.-- OL YM,PIC " "''''-. "- ~ THIS IS NOT A SURVEY OF THE LAND BUT'S CCMPiLED FOR INFORMATiON ONL ('ROM DATA SHOWN 8 OFFICIAL RECORDS. . ". . e'. , . . .' ~ ~ 9001(34736 PAGE343 566 -'- ~,tJUJ::;S ) DEED NUl/BERS 40, 39 and 1ll i /[ R~f)OLU'flON OF 'IHf. CITY emmClL. (II-' THE respectivel y CITY of SANTA MON lOi\. AI..:C1<:PTI'iO CI~HT,d N -,- GHANT m~E'.D5 R!:LA'n V': ,'r',: 'I'HE WIDEN} ~1G OF FOURTH STREE'f. THE OITY C'YmCfL ii" ~'Hf; GT'fY ,F gAN'fA. ~tOiilGA Dm:S RESOLVr:; AS P'Ol"LO',-i6 ; SECTION 1. That t1l06,", cp.l"tsln gr"'l'1t d(l'eds troll J.ID~8 L. Snyt'l91". JanAs TnvpP-tcent Gorpol"atlon end South"rn 'acU'lc RaUroad COl8l'1flflY dated rfHlpectlvely Ootober 20. 1950. October ~? 1950. ~nd October 6. 1':1.50. whereby the Ft';r&ntor8 gr.!<nted to the CIty ot HllntR Bonica tor fltreet ',urnoflp.e oertaln llroperty delorlbedlfl eaid deed. whloh said ;>rooe1"ty abutl!l upon that 'PorUon or Fourth street 111ng between olymp1c Boulevard and Colorado Avenue, be and the flame lUH'eby Are annroved and aocepted. Sti;CTJ ON 2. The City !'\anager hereby 16 authorlled to enter into an ef!crOW for the nurchfllH~ of the nrop~rty de~or1bed. 1n f1ald t'leede an('l to do !illl thlnp-R nflceflsary to eoneu..ate th~ conveyance of the title to s~ld prop~rty. SF~,CTlON J. That th~ 01ty Cl~rk shall certify to the adont1on of' thlf'l l"'t'",nollltlon Anti thenceforth and there~rter th~ !'l9.me Ilha,11 be in full foroe Pond effeot. ADOPTED fI.nd APPROVED thtl'l 31~ ('IiY of ,\jctober.;.~. lQ50. __....J4A.EK T. _QUES 18),__ Mayor - e~rtlr;v thr,t the to!'e-f!oh,g !'esolot1on \1<as the0ity CounoH ,)f the Gl ty of ~~anta j;.~on1oa at an m~etlnf: ther~of held on the 1~.:.. 1<8Y qf' October . 19.50. by the tollo'Wlnp; vote of the COllnell: 1 ((I:' rJ. c! ~. ~ \ .. . e ..~ BOOK34736 PAGE344 BarnaI'd, P1eklnson, Guercio, Hart, MeCBr~hy, Neilson, Gates NODe .None ABm:N'l' : Gouncl1ml"'n: APtt8"'~l\\. a. to form th1s 7~ , """""",,,'[",,, ".O',.~--."';-"-' ,_~__l,t--_I;: ,~,:'~' ~~t,ltiootober, 1950. ;, ,\,\\~:\:;', ~9,.;;[~~:~';; j '1'f ,i " 1~'1ilF""'>.ii;N ft ' """ 'Vi.,h.:# , . City Atto~n~y '~;~;t; l:;t;i~: in: tl~0,oi'ZiGj3 f t' e Cit" Clerk" "~ o ~l " ' r~~:~'" "". .'! ",.:;'>,,;; '. ' " ' NOV 1 1950 - ,C:ltCl~,rk 2 eff' [' Lf: S'l <:' ""' , I" . . . 1012.1.~O 'e' . . CLTA Standard Co.erage Poii.y ForlD . - Copyright 1"0"' .. ' , . Fee $ 3l.00 POLICY OF TITLE INSURANCE ISSUED BY TITLE INSURANCE AND TRUST COMPANY OF LOS ANGELES Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the Com- pany, 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 the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A which the insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in Schedule B; or 4. 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 5. 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, such mortgage or deed of trust being shown in the order of its priority in Part Two of 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 S lM. OA.\ e'~ PRESIDENT Attest SECRETARY /1'1"/ ~. ~,..1' y' -/ . md . "e' .' 1012A-1-50 - . . . . SCHEDULE A Amount S 2,000.00 Date November 6, 1950, at 8: 00 A.M. Policy No. 3335631 INSURED Crry 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. 2. Description of land in the county of Los Angeles, state of California, title to which is insured by this policy: Parcel of land situate in the city of Santa Monica, in the Rancho San Vincente y Santa Monica, as shown on map thereof, recorded in book 3 pages 30 and 3l of Patents, in the office of the county recorder of said county, described as follows: Beginning at the intersection of the southwesterly prolongation of the southeasterly line of lot 8 of Elliott's Addition, as said lot is shown on map recorded in book 22 page l1 of Misc- ellaneous Records, in the office of said recorder, with the center line of Fourth Street, 60 feet wide, as shown on map of Tract No. 8357 recorded in book 119 pages 53 and 54 of Maps, in the office of the said recorder; thence south 440 19' 22ft East along said center line of Fourth Street, a dis- tance of 135.02 feet to a point on the northerly line of the propepty described as Parcel No. II of the property acquired by the state of California by final order of condemnation, Los Angeles County Superior Court, Suit No. 378110, recorded in book 13179 page 100 et seq., of Official Records, in the office of said recorder; thence north 870 32' 29lf east thereon a distance of 56.39 feet to a point on a line parallel with and distant northeasterly 42 feet, measured at right an~les from said center line of Fourth Street; thence north 44 19' . 22ft west along said parallel line, a distance of 153.78 feet to said southeasterly line of lot 8; thence south 69. 52' 33ft 'e' . .' 0 . . . . . . , . west along said southeasterly line and the southwesterly prolongation thereof~ a distance of 46.05 feet to the point of beginning. --- ----- 10128, 6,50 '. , - e' . . , . SCHEDULE B This policy does not insure ~gainst loss hy reason of the matters shown or referred to in this Schedule except to the extent that the ownerl of any mortgage or deed of trust shown in Part Two is expressly insured in paragraphs numbered 4 and $ on page 1 of this policy. PART ONE: This part of Scltedule B refers to matters which, if any such exist, may affect the title to said land, but which are not showp. in this policy: 1. Taxes or assessments wlltich are not shown as existing liens by the records of any taxing agency or by the public records; and easements,iliens or encumbrances which are not shown by the puhlic records. 2. Rights or claims of persons in possession of said land which are not shown hy the public records. 3. Any f.!lcts, rights, interes~s, or claims which are not shown hy the public records 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 laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of any violation of any such restrictions, regulations or prohibitions. PART Two: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the title to said land or to which said title is suhject: 1. General and special county and city taxes for the fiscal year 1950 - 1951. 2. The effect of a provision set forth in the deed from Southern Pacific Railroad Company to the city of Santa Monica recorded November 6, 1950, that said land shall be used for street purposes only and the condition that the title to said land shall revert to and be re-vested in said grantor, its successors or assigns upon abandonment of the use of said land for street purposes. . . lO12.C.6.50 . . e' . ~ . ' . . STIPULATIONS . 1. SCOPE OF COVERAGE curred or expended by the Company, which may be otherwise. The liability of the Company under this recoverable by the insured in any litigation carried policy shall in no case exceed, in all, tbe actual 10'11 This policy does not insure against, and the Compan)i on by the Company on behalf of the insured. The of the insured and coste which the Company i. obligated will not be liable fur los8 or damage created by o~ word "knowledge" in this paragraph means actual hereunder to pay. and in no case shall 8uch total arising out of any of the following: (8) defects, Ijen8~ knowledge, and docs not refer to constructive knowl. liability exceed the amount of this policy and said claims, encumbrances, or other matters which result iq edge or notice which may be imputed to the insured costs. All payments under this policy shall reduce the no pecuniary losg to the insured; (b) defects, lienst by tbe public records. amount of the insurance pro tanto, and payment of loss encumbrances, or other matters created or occurrin~ or damage to an insured owner of indebtedness shall subsequent to the date hereof; (d defects. Jiens~ 3, NOTICE OF LOSS. LIMITATION OF ACTION reduce, to that extent. the Hability of the Company to encumbrances, or other matters created or suffered b~ the insured owner of said land. No payment may be the insured claiming such 1088 or damage; or (d)! A statement in writing 0-' any los8 or damage for which demanded by any insured without producing this policy ddects, liens, claims, encumbrances, or otber matter$ it is claimed the Company is liable under this policy for indorsement of such payment. existing at the date of this policy and known to thd shall be furnished to the Company within sixty days insured claiming such loss or damage, either at the after such loss or damage shall have been ascertained. date of this policy or at tbe date such imured elaim~ No action or proceeding for the recovery of any such 8. MANNER OF PAYMENT OF LOSS TO INSURED ant acquired an estate or interest insured by this policy, loss or damage shall be instituted or maintained Loss under this policy shall be payable. first, to any unless such defect, lien, claim, encumbrance or othe~ against the Company until after full compliance by insured owner of indebtedness secured by mortgage or matter shall have been disclosed to the Company ~ the insured with all the conditions imposed on the deed of trust shown in Schedule B, in order of priority writing prior to the issuance of this policy or appeare~ insured by ihis policy, nor unless commenced within therein shown, and if such ownership vests in more at the date of this policy on the public records. An~ twelve months after receipt by the Company of 8uch than one, payment shall be made ratably a8 their rights or defenses of the Company against a name~ written Itatement. respective interests may appear, and thereafter any insured shall be equally available against any perso~ los8 shall be payable to the other insured, and if more or corporation who shall become an insured hereunde.. 4. OPTION TO PAY. SEnLE. OR COMPROMISE than one. then to such insured ratably as their respec- as successor of such named insured. CLAIMS tive interests may appear. If there be DO such insured The Company reserves the option to pay, settle, or owner of indehtedness. any los! shall he payable to the insured, and if more than one, to such insured 2. DEFENSE OF ACTIONS. NOTICE OF ACTION~ compromise for. or in the name of. the insured. any ratably 89 their respective interests. may appear. OR CLAIMS TO BE GIVEN BY THE INSURED claim insured against or to pay this policy in full at any time, and payment or tender of payment of the The Company at its own cost shall defend the insuretl full amount of this policy. togetber with all accrued 9. DEFINITION OF TERMS in all litigation consisting of actions or proceedinct costs which the Company is obligated hereunder to pay, The following terms when used in this policy mean: against the insured, or defenses. restraining orders, 0* shall terminate all liability of the Company here. (a) "named iosured": the persons and corporatioDs injunctions interposed against a foreclosure or sale o. under, including all obligations oC the Company with named 8S insured in Schedule A of tbis policy; (h) said land in satisfaction of any indebtedness. th~ respect to any litigation pending and subsequent costs "the insured": such named insured together with (1) owner of which is insured by this policy, which Iitiga~ thereof. each successor in ownership of any indebtedness tion is founded upon a defect, lien, encumbrance. o~ secured by any mortgage or deed of trust shown in other matter insured against by this policy, and may! S. SUBROGATION UPON PAYMENT 011 SETTLE. Schedule B, the owner of which indebtedness is pursue such litigation to 6nal determination in th,* MENT named herein as an insured. (2) any such owner or court of last resort. In case any such litigation shaq Whenever the Company shall have settled a claim successor in ownership of any such indc.btedness who become known to any insured, or in case knowledg1 shall come to any insured of any claim of title o~ under this policy, it shall be subrogated to and be a~quire8 the land described in Schedule A or any entitled to all rights. securities, and remedies which part thereof. by lawful means in satisfaction of said interest which is adverse to the title as insured o~ the insured would have had against any person or indebtedness or any part thereof, (3) any governmental which might cause loss or damage for which th~ property in respect to such claim, had this policy Dot agency or instrumentality acquiring said land under Company shall or may he liable by virtue of thi~ been issued. If the payment does not cover the loss an insurance contract or guarantee insuring or guar. policy. such insured shall notify the Company thereo~ of the insured, the Company shall be subrogated to anteeing said indebtedness or any part thereof, and in writing. If such notice shall not be given to th~ such rights, securities, and remedies in the proportion (4) any person or corporation deriving an estate or Company at least two days before the appearance da>t which said payment bears to the amount of !laid 1088. interest in said land as an heir or devisee of a named in any such litigation. or if such insured shall not, i~ In either event the insured shall transfer, or cause to iosured or by reason of the dissolution, merger, or writing, promptly notify the Company of any defect, be transferred, to the Company such rights. securities, consolidation of a corporate named insured; (c) lien. encumbrance, or other matter insured against, o~ and remedies, and shall permit the Company to use "land": the land described specifically or by reference of any such adverse claim which shall come to thq the name of the insured in any transaction or litigation in Schedule A and improvements affixed thereto which knowledge of such insured. in respect to which los~ involving such rights, securities, or remedies. by law constitute real property; (d) Udate": the or damage is apprehended, then all liability of th~ exact day, hour and minute IIpecified in the fint line Company as to each insured having such knowled" 6. OPTION TO PAY INSURED OWNER OF IN. of Schedule A (unless the context clearly requires a shall cease and terminate; provided, however, tha~ DEBTEDNESS AND BECOME OWNER OF SECURITY different meaning); (e) "taxing agency": the State failure to so notify the Company shall in no case preii and each county, city and county, city and district udice the claim of any insured unless the Compan~ The Company has the right and option, in case any in which said land or some part thereof is situated that shall be actually prejudiced by such failure_ The Com+ loss is claimed under this policy by an insured owner levies taxes or assessments on real property; (I) pany shall have the right to institute and prosecut~ of an indebtedness secured by morlgage or deed of "public records": those public records which, under any action or proceeding or do any other act whichf trust, to pay such insured the indebtedness of the the recording laws, impart constructive notice of mat. in its opinion, may be necessary or desirable tli mortgagor or trustor under said mortgage or deed oC lers relating to said land. establish the title, or any insured lien or charge, a~ trust, together with all costs which the Company is insured. In all cases where this policy permits 0* obligated hereunder to pay, in which case the Com- 10. WRITTEN INDORSEMENT REQUIRED TO requires the Company to prosecute or defend anJt pany shall become the owner of, and such insured action or proceeding. the insured shall secure to it iQ sban at once assign and transfer to the Company, said CHANGE 'OLlCY writing the right to so prosecute or defend such actioq mortgage or deed of trust and the indebtedness there- No provision or condition of this policy can be waived or proceeding, and all appeal!! therein, and permit i* by secured, and such payment shall terminate all or changed except by writing indorsed hereon or at. to use. at its option, the name of the insured for suc~ liability under this policy to such insured. tached hereto signed by the President, a Vice Presi. purpose. Whenever requested by the Company th~ dent, the Secretary, or an Assistant Secretary of the insured shall assist the Company in any such actiotJ 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. Company. or proceeding, in effecting settlement, securing evil- INDORSEMENT OF PAYMENT ON POLICY denee. ohtaining witnesses, prosecuting or defendin$ 11. NOTICES, WHERE SENT such action or proceeding, to such extent and in suc~ The Company will pay, in addition to any los8 insured manner as ill deemed desirable by the Company. an4- against by this policy, all costs imposed upon the in- All notices required to he given the Company and any the Company shall reimburse the insured for ant sured in litigation carried on by the Company for the statement in writing required to be furnished the Com- expense so incurred. The Company shall he subrogated insured, and in litigation carried on by the insured pany shall be addres8ed to it at the office which issued to and be entitled to all costs and attomeys' fees iD~ with the written authorization of the Company, but Dot this policy.