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P-259 e . ~t . C~~~~!Je~ .Copy Order No. 1287 Book 5675 page 8S of Offioial Records 'l'RIS .&.GRDMENT made the 13th day of April 1926, between the CI'1Y OF SANTA MONICA a municipal corporatton tn Los Angeles County, cal1for.n1a (.bereinai.'ter referred to as "The corporation") party of the first part, and THE LANKER- SHIM ESTATE, a private oorporation, having its principal plaae of business in Los Angeles Oity, Los Angeles County aforesaid . (hereinafter referred to as "The Estate") party of the seC! ond part: WHEREAS the Estate Is the owner of the folloWing desoribed property, situate in the City of Santa Monica aforesaid, to wit: Begirming at the most Northerly oorner of tot FGrty~81x (46) Sunset Beach Tract, as recorded in Book 63, Page 10 Misoellane ous Records of Los Angeles County; thence Northwestetly along the Northwesterly line of said Lot 46 produced Northwesterly, One hundred ten and one-tenth (llO.lO) fe~t to a point, the last mentioned point being the true point of beginning; thence along a c urV8 to the left having a radius of one hundred forty-one and forty-one hundredths (141.41) teet a distanoe of fifty-three aDd sixty-two hundredths (53.G2) feet; thence along a ourve to the right having a radius of one hundred forty-one and forty-one hundredths (141.41) teet a dtstanoe of forty-eight and forty hundredths (4S.40) teet; thenoe North forty-five (45) degrees, Sixteen mlnntes forty-four second~~West three hundred forty-one and thirty-six hundredths (341.36) feet to a point; thence North Forty-four degrees fifty-~hree minutes thirty seoonds West Seven hunL'lred fifty-seven and forty-two hundredths (757.42) feet to a point. thence South Forty-tive degrees and fifteen minutes West twenty (20) teet to a point; t henoe South Forty-four degrees fifty-three minutes thirty seoonds East, S8ven hundred fifty-seven and forty-nine hundredths (757.49) feet to a point; thence South Forty five (45) degrees sixteen minutes forty-tour seoonds East thrae hundred forty- IJe t:../ L- -t S9 1. -~.._-_._- ~ . one and forty-five hundredths (341.45) feet to a point; thence along a ourve to the left haviD8 a radius of one hundred 81xty-one and forty-one hundredths (161.41) feet a distanoe of fifty-f1ve and twent,-five hundredths (55.25) teet to a point; thence along a ourve to the~ight having a radius of one hundred twenty-one and forty-one hundredths (121.41) feet a distance of forty~slx and three hundredths (46.03) feet to a point; thance Santh Forty-three degrees and ten minutes Eaet Fifty-five Hundredths (.55) feet to a point; thence North Forty-five degrees and fifteen minutes East twenty (20) feet to the true point of beginning; said pareel of land being a strip twenty (20) feet in width; WITNESSETH: Tha t for and in consideration of the mutual oovenant s and agreements herein expressed, it is hereby agreed between the parties as follows: FIRS!: The Estate gives to the Corporation a perpetual right and easement to enter Ui)on the two following paroels of land, to wit: (1) The said strip of land twenty (20) \ feet in width hereinbefore described; (2) Another Twenty (20) foot strip of land running from the present Palisades Beaoh Road. to oonneot with the said parcel herein firstly described; whioh seoond~ desorlbed strip twenty (20) feet wide lies immediately Southerly of and adJoining the Northerly prolongation of Wilshire Boulevard; For the purpose of entering on both said parcels and ereoting on eaoh a sidewalk and promenade oovering the whole of the same; auah sidewalks and promenades to be well and solidly oonstructed, with suitable foundations and surfaoe structure; and sidewalk and promenade on the first paroel to be as nearly as possible a oontinuance of the present sidewalk and promenade lying 8oather~ thereof and which is to be conneoted with the sidewalk and promenade herein firstly referred to by a unit orossing some nine (9) and a fraotion feet between the . 2. 'iF ,;2 ~r , . 'I e . . . . ., . . said existing Southerly sidewalk and that which is ereoted on the fir st paroel. SECOND: Said firstly and secondly described sidewalks and o . premenades are to be oonstruoted within two years from the date hereof, free of all liens wiatsoever, and at the entire expense of the corporation. Any lighting apparatus or equipment on the said sidewalks AET and promeaades so to be oonstruoted shall be installed and JeS JAM maintained for a 11 time at the expense of the corporation, FAR without any expense to the Eata tEl for the same or the current used in lighting. THIRD: At all times said sidewalks and promenades shall be publio thr~ughfares, SUbJect to right of passage thereover of all people, so long as the said sidewalks and promenades are mainta ined as sue h. The said Corporation shall keep and maintain the said side- walks and promenades at all times in good condition at ita own expense, and no repair or renewal of the same shall entail any expense upon the Estate or its suooessors. SAID sidewalks'and promenades shall be for pedestriantraffio only and no vehioles of any kind soever shall be allowed on either of the same, exoept that small oars for carrying passengers, similar to those now in use on the said sidewalk and promenade lying Southerly of the premises herein described, may be operated over the same. FOORTH: Should the oorporation fail to construct either of said sidewalks within the said period of two years, both of JCS AET the said easements shall at the eXpiration of said p3riod of 'All two years, absolutely revert to and beoome the sole property of the 'Estate. Should the said oorpora1i1on, at any time atter said sidewalks are to be oonstructed, fail to use either of the same for the purposes herein granted, the Side- walk in respeot to whioh the default herein referred to shall ocou~, shall immediately revert to and beoome the sole property of the state. # ,;If? 3. --- . , .. FIFTH: fheexistiag ten-foot easement for a pipeline running from thetop of the bluff, 'down to mean high tide, aoross lands of the state, shall be at onoe abandoned by ! I the oDrporation as to all portions thereof lying between AET the Westerly side of the said palisades Beaoh !toad and mean JCS FJ(H high tide, and the pipe whioh. is now laid on suoh last named JAJ( strip shall be removed at the e~ense of the oorporation, Within ninety days from the date hereof. If IS AGREED that the eorporat ion may lay the continuanoe of the present bluft pipe within the said twenty-foot strip hereinbefore seoondly desoribed, but no part of such oon- tinuanee shall oross any of the lands of the Estate. SIXTH: It is agreed that, should the Corporation, within two years from the de te hereOf, wish to take out the bluff portion ot said pipel1ne,and run the same down the bluff in a direot line with the said sec ond twenty-foot easement, t.he Estate will give to the Corporation a 'Ii en-foot easement AET 40wn the said bluff in a d1 reot line with flaid twenty-fa ot AET easement, tor the purpose of relaying said pipe; the Corpor- ation as a oondition thereof, abandoning all the rest of the existing ten-foot easement down the bluff side, and extending to the Westerly line of said Palisades Beaoh Road. SEV1l:NTH: Upon the execution of this instrument by both parties hereto, the corporation shall ~ediate~y and does FAIt hereby abandon all easements in the entire ten-foot strip JCS Am of the Estate lands lying Westerly of the present Palisades JA1l. Beach Road; but said Corporat1 on shall have the right to use the pipes thereon for a period of one year from the date hereof, but no longer. EIGHTH: So :tar as its reversionary interest therein Is conoerned, the Estate agrees to grant an easement to the Corporation over the Weste:Uy Twenty-five (25) feet of the right sf way now operated by the Paoific Electr10 Railway Company, which immediately adJoins the sald Palisades Beaoh Road, tor the purpose of widening thl existing road. 4. .p; .;2..5" 7 . . The Corporation agrees that it will use its best endeavors to get a similar grant from the said Railway Company for tn.e purpose of widening the said road. The agreement to grant said easement is to last for a period of two years from the date her. of , PI' ov ided, however, that whenever said road is widened, the extra width shall be taken from the lands lying Easterly of the existing road, and the cost and oharge of acquiring such extra strip, and of paving the same, shall be made without expense to the said Estate or its assigns. NINTH: The Estate gives to the corporation the right, within two years from the date hereof, to pieroe a .tunnel through that porti on of the Santa Monica bluff whio h 11e8 upon the land of tn.e Estate, to a width of sixteen (16) feet, beginning at a point not less-than sixty (60) feet Northerly of the pipe line which rUJ18 down the face of the said bluff. and to maintain said tunnel for a U time when oompleted. Tn.e cost of oonstru.oting and maintaining said tunnel shall all be borne by the Corporation, without any charge soever to the Estate or its suooessors. Said tunuel shall lead from the Easterly boundary of the right of way of the Pacific Electric Railway Com1'8ny's land by proper grade, to some point to be determined by the said oorporation; and such tunnel shall at all times be used by the general public for pedestrian travel only; it being understood however that the failure of said corporation to construct or maintain said tunnel shall not set to work a forfeituIe of any rights in this contraot granted exoept the right of construotion of said tunne 1. ..eke Estate will upon the constru.ction of such tunnel within the time herein limited 8ive the Corporation a right of way over a strip twenty (20) feet wide in aU, aoroSll I I 1 I 5. #= .;2...> 'I . . ~ the front of said tunnel and equally on eaoh side thereof, across its lands lying between vthe mouth of said tunnel and the sald beaoh highway, giving also aright over the Paoifio Eleotric right of way, or allied oompanies so far as it can under its reversionUl 1D~&rest, so that theN may be a proper and 00 ntinuous connection between the said Palisades Beach Road and the said tunnel. Should said tunnel be completed within two years from the date h.ereof ,the Estate will grant the oorporation the right tolay and maintain pipe lines under said tunnel and strip in front thereof herein mentioned. TENTH: The Estate will forthwith prepare and execute a good and sufficient Deed, granting to the said oorporation all its right, title and interest in and to all of the prop- erty of the. said Estate lying Westerly and seawards of the seawards edge of the sidewalk and promenade hereinbefore re- f'erredto. Said deed will be placed in esorow to be delivered to said oorporation upon the completion of the said sidewalk and promenade first herein mentioned. The Corporation agrees that it will all time keep and, maintain the property herein referred to, and which is to be oonveyed to The Corporation, free and olear of all buildings and structures of every kind soever, and said Corporation agrees, as a oondition of this covenant and of this entire agreement that it will at no time ereot or permtt to be erected on said land so to be conveyed, any building, fence, wall or struoture of any kind soever, except that, should the Corporat 10n be desirous, it may ereot a groin or groins or similar struotures, for the purpose of adding to the lands so oonveyed by the Estate. The covenant conoerning the erection of build ings and other structures shall apply to any accretions. eo gained. Nothing, however, 1s to be deemed to prevent the oo~oration from putting any post with life-saving apparatus upon 1t, or stretohed into the sea from it, upon any portion of said land. 6. # ...1 Sf , ./ . " ^ . ' . ./ ELEVENTH: 'the Corporation shalllmmediately place the beach lands of the Estate mentioned herein (the same being tweLve hundred feet long, and in width running from the bluff to mean high tide) within "en Zone, so that the same may be used for all purposes of that zone. TWELFTH: Eaoh and all of the covenants herein contained in Paragraphs, FIRST, SEe on, THIRD, FOURTH, FIFTH, SEVENTi, TENlH .AND EIEVENTH, are dependent upon the others, except as otherwise herein speoified; and this dooument, as to them 1s to be deemed one entire agreement. THIRTEENTH: When the 1I)rd "Estate" 1B herein used, it relates not only to the said The Lankershim Estate, but to its sucoessors and assigns forever. IN WITNESS WHEREOll', the parties hSl'eto have oaused this instrument to be exeouted by their duly au.thorized offioers this 13th day of April 1926. (Corporate Seal) OITY OF SANTA MONICA, a Munie ipal Corporati on. By J.C.STEEtE, Commissioner of Publio safe~, ex-offioio Mayor. By JN A. MORTON, CommiSSioner of Pu.b lie Wor ka , Attest r.A.HELTON, Commissioner of Financel ex-officio City Clerk! e~offioio C erk of the City Council 0 the City of Santa Monica PARTY OF THE FIRST PART. (corporate Seal) THE'LANKERSHIM ESTATE, a corp ora tion, :By JOHN I. LANKERSHIll, Vioe President. By A.E.TUF.rS, Secretary. PARTY OF THE SECOND PAR'f. State of California, county of Los Angeles)ss. On thl s 13th day of April 192G. before me, CHESTER'L. COFFIN, a Notary . Publio in and for said eounty and state, residing therein, duly oommissioned and sworn, personally appeared J.O .STEEIE, known to me to be the eommissioner of Public Safety Ex-Officio Mayor and JOHN A. MORTON known to me to be the Commissioner of Public Works Ex-Officio Park Commission of the City of Santa Monica; the Municipal corporation that executed the within 7. :#" .;zS"' j 1 .,-, ~ . . - . . . ' . . instrument and known to me to be the persons who executed the within instrument on behalf of said MunicipalOorpora- tion and they acknowledged to me that such corporation ex- eouted the same. ALSO on said 13th day of April 19ZG, personally appeared before me F.A.HEL~ON known to me to be the Commissioner of Finanoe Ex-Officio City Clerk of said MuniCipal Corporation who attested the foregoing instrument and he aoknowledBed to me that he attestad the same. IN WI~NESS WR2:REOF, I have hereunto set my hand and affixed my offioial seal the day and year in this certifioate first above written. (Notarial Seal) CHESTER L. COFFIN, Notary Publio in and for the County oftos Angeles, State of California. state of California, County of L08 Angeles.)ss. On this 13th day of April A.D. 1926 before me GLADYS GltKS, a Notary Publio in and for the said County and state, residinB therein,duly oommissioned and sworn, personally ap.peared JOH.N I. tA:NKE:RSHIM, known to me to be the Viee President and A.:E.~UFTS, known to me to 'be the Secretary of THE tANKERSHIM: ESTA~E, the oorpora- tion that executed the within instrument known to me to be the persons who executed the Within instrument on behalf of the corporQtion therein named and acknowledged to D~ that such corporation exeouted the same. IN WITNESS ~EOF, I have hereunto set my hand and affixed my official seal the d~ and year in this oertificate first above written. (Notarial Seal) GLADYS GILKS, Notary public in and for said County and state. Approved as to form A.pril l2, 1926, CHESTER L. COFFIN, 011;y Attorney. RESOLVED that THE LANIER SHIM ESTATE enter into a certain agreement with the City of Santa Moniea, this day presented to and read by the Direotors, whioh agreement is dated April 13, 1926, and relates to the granting of easements over 8. #; ,;1..s'? I -' '" . . ~ ' . ~ . and oonve.yanoe of a part of the property of the ~state of ? , Santa Monica, and other matters set forth in said agreement. IT IS FURTHER RESOLVED, that JOHN I. LANKERSHIM, as Vioe Pree1c1ent and A.E.TUFTS, as Seoretary of THE 'LANKERSHIM ESTATE, exeoute said agreement as the aot of the said Estate. I, the undersigned, secretary of THE LANKERSHIM ESTATE, hereby oertify that the foregoing is a true and perfect oopy of a Resolution duly pasaedat a meeting andperfeot copy of a Resolution duly passed at a meeting of the Board of Direotors of THE LANKERSHIM ESTATE, on April l3. 1926, and that the same has not been rescinded or,mod1fied. I hereby oertify, also that the aooompanying agreement is the agreement referred to in the said Resolution. Dated: April 13. 1926. (eorporate Seal) A.E .TUFTS. Secre:ta;J.lGf The Lankershim Esta e RESUUJ'lION AFPROV!NG EXECUT ION OF AGREE:M.EIlT WITH THE LANKER- SHIll ESTATE CONCERNING EASDENT FORERECTDllG CERTAIN SIDEWALKS, PROMENADES AND RIGHTS OF WAY. REPEALING RESOLUTION ADOPTED APRIL 6th, 1926. TRE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY RESOLVES: TRAT the said City enter into the annexed Agreement with the THE LANKERSHIM ESTATE a private oorporation, for all purposes speoified in the said annexed Contract, which said purposes are 1n general the obtaining by said City of easement for oertain sidewalkS, promenades and rights of way and the ereot10n and maintenanoe of suoh promenades, sidewalks and rights otway, but whioh said purposes are fully set forth in the annexed Contract, and adopted by this Resolution. IT IS FURTH!!:R RESOLVED, that the Commissioner of Public Safety, as ex-offioio Mayor be and he hereby is authorized and instruoted to exeoute she annexed Contraot, and that the Commissioner of Finance, as ex.offioio City Clerk be, and he hereby is authorized and instruoted to attest the saine and affix the Seal of the City of Santa Monica thereto. 9. .,tF.,.2..s'1 , " .ie- f( . . . , 'J" #' .., . IT IS FURTHER RESOLVED, that that oertaln Resolution approving the exeoution of an Agreement with a aid LANICERSHIM ESTATE, adopted Maroh 23rd, 1926, be and the same hereby is repealed, and that the Oontract mentioned in said last above described Resolution be and the same hereby is resoinded. IT IS FURTHER RESOLVED,.that that certai.n Resolution approv- ing the execution of an Agreement with said LANKERSHIM ESTATE, dated April 6th, 1926, be and the eamemreby is repealed, and that the Contraot mentioned in said last above described Reso- 1 uti on be and the same he re by is fescinded. Ad op ted: Apr 1l 13, 1926. F.A.BELfON Commissioner of Finance ex""offiei 0 C1 t~. Cler k, ex-offio1o Clerk of the City Council of the City of Santa Monica. #1669 eopy of original recorded at request of l.A.HELTON ApI' 16, 1926 at 54 m1n. past II A.M. Copyist #l, Compared e.L.Logan, County Recorder, by M.Binford Deputy . . . . .... .. . . '::",:'-::,.;.;. ----.-" ^' - ..p...".,.....--.--.- !\~}~ r : ~'A'.J:E OF CALIF'O~NIA, } . ~i~ointy of Los Angeles ss. .. . ''^\'l(' , - ~~!rehY <=lify lhefOl'egoiug tob: n fuD. true nud eoned l'{)Pft:Slrument r~.l' Id' BIN J;tl~ ~~::cr ~/ ;'Ie.rmg reeOIT e 1Il 00" 'k... ...... ........ ....oL... ... .. ........ .. .. L..;.. .c<:...... ~:;'!: J,..../f.. Rerords of Los ,\ngeles Couuty. nnd that I bave ca;efuDy compared l'ill~ ~llle 'with the original record. ~,,'. '. kl" In Witness Whereof, I hnve hel'eunlo sel~ and aW,ed my ! :\. . ,. ' Official Seal, thismm,m_//lhmnday oL_ --- . -, _L.n______' 19hJr / , MAM~EATTY, Cou~ty R~order B~tl ~(/1:L) HE'~. l....ol'Jn ~H: ~_,,-,:' _hC~~mh , '=-~hC':.:-:____,____Deputy . s,;..s-t