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P-205 (2) .#".~. . .. ...: ". , .. I RECORDING REQUESTED BY CITY OF SANTA MONICA WHEN RECORDED RETURN TO CITY CLERK. D - CITY HALL BOOK 827 PAGE 46 SANTA MONICA, CALIFORNIA 1809 ~~o~~es) RIGHT-OF-WAY DEED :3 WILLIAM L. RAWN, a widower and WILLIAM LEETE RAWN, as trustee, under the will of Lucy Gallup Rawn, deceased, does hereby grant to the City of Santa Monica, a municipal corporation of the State of California, its successors and assigns forever, all those permanent easements and rights-of-way to be used at any time, and from time to time, to construct and maintain a water transmission main together with fixtures, structures and equipment incidental thereto in, under and across all that c~rtain real property described as follows: A strip of land 10 feet in width under and across lot 8 of Tract 7233, in the city of Santa Monica, county of Los Angeles, state of California, as recorded in book 77 page 5 of Maps, in the office of the county recorder of said county, more particu- larly described as follows: The southwesterly 10 feet of the northeasterly 15 feet of said Lot 8. together with the rights of ingress to and egress from said lan~over which said easements and rights-of-way are herein granted for the pur- poses herein mentioned. EXCEPTING and RESERVING unto the grantor only such rights as will not interfere with the full, free and complete exercise, use and enjoyment by grantee, its successors and assigns of all the rights and easements herein granted, and grantor, for himself, his successors and assigns, consents and agrees thatno building shall be placed, maintained or erected on the above described realproperty by grantor, his successors or assigns, Dated this 12th day of April 196 . . ~m L.l\awn . . \ ';)',1-/ k::. '" .A J......, \ -I'V"V '-"\ 1- m eet~ as trus tee under the will 0 f ;.... Lucy Gallup Rawn, deceased 00 1. -b:...::to S- . S r" , ....'- . . .' , , BOOK D82'i PAGE 47 STATE OF CALIFORNIA ) ) ss, COUNTY OF LOS ANGELES ) Before me, theundersigned, personally appeared William L. Rawn and William Leete Rawn, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same individually and as trustee. af1~Ur~ Notary Pu ~ ~n and for said County and State DCPOTHY WALDEN MY C:.HI~;~HS'_.:::tn L.Xi\:H[:11ULY 6~ 1962 2. '. ~ ~. ... . ~ , , BOOK 082'7 FA GE 48 CERTIFICATE This is to certify that the interest in real property conveyed by the deed or grant dated April 12 , 1960, from WILLIAM L. RAWN, also known as WILLIAM LEETE RAWN, indi- vidually and as trustee under the will of Lucy Gallup Rawn, deceased, to the CITY OF SANTA MONICA, a political corporation and/or governmental agency, is hereby accepted by order of the City Council of the City of Santa Monica on April 12, , 1960, and the grantee consents to recordation thereof by its duly authorized officer. A TTESTi //" by / /'.- ," /1(""1 / (p.(; t1t-' . -" i!1! ( 'c' City ~ tlrk\ . 'I ~/ Approved as to form this 18th day of April, 1960, ~rneY I, ~ ~ ~ ~ . -~ -- - . . . ~ < 1012 4-60 California land Title Association Standard Coverage Policy Form CO Copyright 1960 Fee $30 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 Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its suc- cessors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Condi tions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon the estate or interest covered hereby; or 4. Priority, at the date hereof, over any such mortgage or deed of trust, of any encumbrance upon such estate or interest, except as shown in Schedule B, such mortgage or deed o~ trust being there shown in the order of its priority; all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A, Band C, 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 ~~..('~'NT ~ P1ilH . r~-- smm .. ~ 1012.1.AB 4-60 California Land Title Association Standard Coverage Policy form SCHEDULE A Copyright 1960 $3,,000.00 Effective 1960 8 a.m. Policy No. 5221206 Amount Date April 27" at INSURED CITY OF SANTA MONICA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF SANTA MONICA, a municipal corporation. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is A permanent easement and right of way to be used at any time and from time to time" to construct and maintain a water transmission main together with fixtures, structures and equipment incidental thereto, together with the right of ingress and egress, as granted to the vestee herein by deed recorded April 27, 1960. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. . . . . . . . . 1012D "'.~ CONDITIONS 'AND STIPULA TIONS ~ California and Title .(ssociation Standard Coverage Policy Form (Includes those in the Copyright 1960 American Title Association-Owner's Additional Coverage Policy) 1. DEFINITION OF TERMS (d) In all cases where ,this policy permits or reo ness secured by a mortgage or deed of trust shown in The following terms when used in this policy Blean: quires the Company to prosecute or provide for the Schedule B unless such Insured acquires title to said (a) "land": the land described, specifically or by defense of any action or proceeding, the Insured shall land in satisfaction of said indebtedness or any part reference, in Schedule C and improvements affixed secure to it the right to so prosecute or provide de. thereof. thereto which by law constitute real property; fense in such action or proceeding, and all appeals (b) "public records": those records which impart therein, and permit it to use, at its option, the name 8. COINSURANCE AND APPORTIONMENT constructive notice of matters relating to said land; of the Insured for such purpose. Whenever requested (a) In the event that a partial loss occurs aIter (c) "knowledge": actual knowledge, not com,truc~ by the Company the Insured shall give the Company an alteration or improvement subsequent to the date tive knowledge or notice which may be imputed to the all assistance in any such action or proceeding, in of this policy, and only in that event, the Insured Insured by reason of any public records; effecting settlement, securing evidence, obtainin.g wit~ becomes a coinsurer to the extent hereinafter set forth~ (d) "date": the effective date; and nesses, or prosecuting or defending such action or If the cost of the alteration or improvement ex- (e) "the insured": if a named Insured is the owner proceeding, and the Conipany shall reimburse the ceeds twenty per centum of the amount of this policy, of the indebtedness secured by a mortgage or deed of Insured for any expense so incurred. trust shown in Schedule B, then, in addition to the such proportion only of any partial loss established parties named as Insured or referred to as "the In. 4. NOTICE OF lOSS-LIMITATION OF ACTION shall be borne by the Company as one hundred twenty sured" herein, "the Insured" shall include (1) each per centum of the amount of this policy bears to the successor in ownership of such indebtedness, (2) any In addition to the notices required under paragraph sum of the amount of this policy and the amount such owner or successor in ownership of any such 3(b), a statement in writing of any loss or damage for expended for the alteration or improvement. The fore~ indebtedness who acquires the land described in which it is claimed the Company is liable under this going provisions sball not apply to costs and attor~ Schedule C or any part thereof, by lawful means in policy shall be furnished to the Company within sixty neys' fees incurred by the Company in prosecuting or satisfaction of said indebtedness or any part thereof, days after such loss or damage shall have been deter~ providing for the defense of actions or proceedings in and (3) any governmental agency or instrumentality mined and no right of action shall accrue to the behalf of the Insured punuant to the terms of this acquiring said land under an insurance contract or Insured under this policy until thirty days after such policy or to costs imposed on the Insured in such guarantee insuring or guaranteeing said indebtedness statement shall have been furnished, and no recovery actions or proceedings, and shall not apply to losses or any part thereof. shall be had by the Insured under this policy unless which do not exceed. in the aggregate. an amount 2. EXCLUSIONS FROM THE COVERAGE OF nus action shall be commenced thereon within one year equal to one per centum of the face amount of tbis after expiration of said thirty day period. Failure to policy. POLICY furnish such statement of loss or damage, or to com~ Provided, however, that the foregoing coinsurance This policy does not insure against loss or damage rnence such action within the time hereinbefore speci. provisions shall not apply to any 108s if, at the time by reason of the following: fied, shall be a conclusive bar against maintenance by of the occurrence of such loss, the then value of the (a) Any law, ordinance or governmental regulation the Insured of any action under this policy. premises, as so improved, does not exceed the amount (including but not limited to building and 20ning of this policy, and provided further that the foregoing ordinances) restricting, regulating or prohibiting the 5. OPTION TO PAY, SETTlE OR COMPROMISE coinsurance provisions shall not apply to an insured occupancy, use or enjoyment of the land, or the char. CLAIMS owner of an indebtedness secured by a mortgage or acter, dimensions or location of any improvement now (a) The Company reserves the option to pay, set~ deed of trust shown in Schedule B prior to acquisition or hereafter erected on said land, or prohibiting a of title to said land in satisfaction of said indebted- reduction in the dimensions, area or separation in tle or compromis6 for or in the name of the Insured, ness or any part thereof. ownership, of any lot or parcel of land. any claim insured against or to pay the full amount of (b) If the land described or referred to in Sched- (b) Governmental rig~t8 of police power or emi. this policy and $uch payment or tender of payment, ule C is divisible into separate and noncontiguous Dent domain unless notice of judicial action to exer- together with all accrued costs which the Company is parcels, or if contiguous and such parcels are not cise such rights appears in the public records at the obligated hereunder to pay, shall tenninate all liability used as one single site, and a loss is established affect~ date hereof. of the Company hereunder. ing one or more of said parcels but not all, the lOllS (c) Title to any property beyond the lines of the (b) In case loss is claimed under this policy by shall be computed and settled on a pro rata basis as premises expressly described in Schedule C, or title to an insured owner of an indebtedness secured by a if the face amount of this policy was divided pro streets, roads, avenues, lanes or ways on which such mortgage or deed of trust the Company at its option premises abut. or the right to maintain therein vaults, may pay such Insured an amount equal to such in. rata as to the value on the date of this policy of each tunnels, ramps 01' any other structure or improvement, debtedness, together with aU costs which the Company separate independent parcel to the whole, exclusive or any rights O'r easements therein unless this policy is ohligated hereunder to pay, in which case the of any improvements made subsequent to the date of 8pecificaJIy provides that such property, rights or ease. Insured shall assign and transfer to the Company said this policy. unless a liability or value has otherwise ments are insured, except that if the premises abut mortgage or deed of trust and the indebtedness se. been agreed upon as to each such parcel by the Com~ upon a physically open street or highway this policy cured thereby, and such payment shall terminate all pany and the Insured at the time of the issuance of insures the ordinary rights of abutting owners for this policy and shown by an expre9S statement herein access thereto unless restricted by governmental regu. liability of the Company hereunder as to such Insured. or by an endorsement attached hereto. lations or otherwise excepted or excluded herein. 6. PAYMENT OF LOSS (d) Defects. liens, encumbrances, adverse claims 9. SU8ROGATION UPON PAYMENT OR against the title as insured or other matters (1) ere. (a) The liability of the Company under this SETTLEMENT ated, suffered, assumed or agreed to by the Insured. or policy shall in no case exceed, in all, the direct 10'88 Whenever the Company shall have settled a cJaim (2) known to the Insured either at the date of this of the Insured and costs and attorneys' fees which under this policy, all right of subrogation shall vest in policy OJ at the date such Insured acquired an estate the Company may be obligated hereunder to pay. the Company unaffected by any act of the Insured, or interest insured by this policy and not shown by (b) The Company will pay, in addition to any 108s and it shall be subrogated to and be entitled to all the public records, unles9 disclosure thereof in writing insured against by this policy, all costs imposed upon rights and remedies which the Insured would have had by the Insured shall have been made to the Company the Insured in litigation carried on by the Company prior to the date of this policy, or (3) resulting in no for the Insured, and all costs and attorneys' fees in against any person or property in respect to such direct loss to the Insured, or (4) attaching or created litigation carried on by the Insured with the written claim had this policy not been issued. If the payment subsequent to the date hereof. docs not cover the loss of the Insured, the Company (e) Loss or damage which would not have been authorization of the Company. shall be subrogated to such rights and remedies in tbe sustained if the Insured were a bona fide purchaser or (c) No claim for damages shall arise or be main~ proportion which said payment bears to the amount of encumbrancer for value. tainable under this policy (1) if the Company, after said loss. If loss should result from any act of tbe having received notice oI an alleged defect, lien or Insured, such act shall not void this policy, but the 3. DEFENSE AND PROSECUTION OF ACTIONS- encumbrance not excepted or excluded herein removes Company, in that event, shall be required to pay only NOTICE OF CLAIM TO BE GIVEN BY THE such defect, lien or encumbrance within a reasonable that part of any losses insured against hereunder INSURED time after receipt of such notice, or (2) for Jiability which shall exceed the amount, if any, lost to the (a) The Company, at its own cost and without voluntarily assumed by the Insured in settling any Company by rea80n of the impairment of the right of claim or suit without written consent of the Company, undue delay, shaU provide for the defense of the or (3) in the event the title is rejected as unmarket. subrogation. The Insured, if requested by the Com. Insured in all litigation consisting of actions or pro. able because of a defect, lien or encumbrance not pany, shall transfer _ to the Company all rights and ceedings commenced against the Insured, which litiga- excepted or excluded in this policy, until there has remedies against any person or property necessary in tion is founded upon a deIect, lien or encumbrance been a final determination by a court of competent order to perfect such right of subrogation, and shall insured against by this policy, and ma)' pursue such jurisdiction sustaining such rejection. permit the Company to use tbe name of the Insured litigation to final determination in the court of last in any transaction or litigation involving such rights resort. (d) All payments under this policy, except pay. or remedies. (b) In case any such action or proceeding shall ments made for costs, attorneys' fees and expenses, be begun, or in case knowledge shall come to the shall reduce the amount of the insurance pro tanto 10. POLICY ENTIRE CONTRACT Insured oI any claim of title or interest adverse to the and no payment shall be made without producing this All actions or proceedings against the Company title as insured, or which might cause loss or damage policy for endorsement of such payment unless the for which the Company shall or may be liable by policy be lost or destroyed, in which case proof of must be based on the provisions of this poliCY. Any virtue of this policy, or in the event the title is such loss or destruction shall he furnished to the other action or actions or rights of action that the rejected as unmarketable by one who has leased or has satisfaction of the Company; provided, however, if Insured may have or may bring against the Company contracted to purchase, lease or lend money on the the owner of an indebtedness secured by a mortgage shall be deemed to have merged in this policy and to land described in Schedule C hereof. the Insured or deed of trust shown in Scbedule B is an Insured be restricted to its terms and conditions. shall at once notify the Company thereof in writing. herein then such payments shall not reduce pro tanto No provision or condition of this policy can be If such notice shall not be given to the Company the amount of the insurance afforded hereunder as to waived or changed except by writing endorsed hereon within ten days of the receipt of process or pleadings such Insured, except to the extent that such payments or attached hereto signed by the President, a Vice or if the Insured shall not, in writing, promptly notify reduce the amount o,f the indebtedness secured by President, the Secretary, an Assistant Secretary or the Company of any defect, lien or encumbrance in- such mortgage or deed of trust. other validating officer of the Company. The Company sured against which shall come to the knowledge of (e) When liability has heen definitely fixed in may take any appropriate action under the terms of the Insured, or if the Insured shall not, in writing, accordance with the conditions of this policy the loss this policy whether or not it shaH be Hable there. promptly notify the Company of any such rejection hy or damage shall be payable within thirty days there. under and shall not thereby concede liability or waive reason of claimed unmarketability of the title, then all after. any provision of this policy. liability of the Company in regard to the subject mat. 7. LIABILITY NONCUMULATIVE 11. NOT.lCES, WHERE SENT ter of such action, proceeding or matter shall cease and terminate; provided1 however, that failure to It is expressly understood that the amount of this All notices required to be given the Company and notify shall in no case prejudice the claim of any policy is reduced by any amount the Company mal any statement in writing required to be furnished the Insured unless the Company shall be actually preju- pay under any policy insuring the validity or priority Company shall be addressed to it at the office which diced by such failure and then only to the extent of of any mortgage or deed of trust shown or referred to issued this policy. such prejUdice. in Schedule B hereo~ or any mortgage or deed of trust (c) The Company shall have the right at its own hereafter executed by the Insured which is a charge 12. THE FEE SPECIFIED ON THE FACE OF THIS cost to institute and prosecute any action or proceed~ or lien on the land described or referred to in Sched. POLICY IS THE TOTAL FEE FOR TITLE SEARCH ing or do any otber act which in its opinion may be ule C. The provisions of this paragraph numbered 7 AND EXAMINATION AND FOR TITLE necessary or desirable to establish the title as insured. shan not apply to an Insured owner of an indebted. INSURANCE ~ ~ Q 1<1 .. ~ -< ~ ~ 0 0: <:;S ~ f':-< ~ 99 ~ 1); ~ !5 0 ~ ~ <~ ~:;j ~~ <;..= .. :s t;fa u;..Q 0 1<1 0 >:7 0'" [I)"" ~~ < f-<O ~1Xl :;j 1<1< ~ ~ f-<~ = e U 0 ~ f':-< Z ~ ~ ~ = f:i ~ Z:!l Z < .., :> z 's:! 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