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. 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-
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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 .
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said existing Southerly sidewalk and that which is ereoted
on the fir st paroel.
SECOND: Said firstly and secondly described sidewalks and
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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
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JAM maintained for a 11 time at the expense of the corporation,
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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
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AET the said easements shall at the eXpiration of said p3riod of
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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.
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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 !
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the oDrporation as to all portions thereof lying between
AET the Westerly side of the said palisades Beaoh !toad and mean
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FJ(H high tide, and the pipe whioh. is now laid on suoh last named
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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
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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
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Am of the Estate lands lying Westerly of the present Palisades
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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.
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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
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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.
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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
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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
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and oonve.yanoe of a part of the property of the ~state of ?
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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.
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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
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~i~ointy of Los Angeles ss. ..
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- ~~!rehY <=lify lhefOl'egoiug tob: n fuD. true nud eoned l'{)Pft:Slrument
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~:;'!: J,..../f.. Rerords of Los ,\ngeles Couuty. nnd that I bave ca;efuDy compared
l'ill~ ~llle 'with the original record.
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kl" In Witness Whereof, I hnve hel'eunlo sel~ and aW,ed my
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. ,. ' Official Seal, thismm,m_//lhmnday oL_ --- . -, _L.n______' 19hJr
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, MAM~EATTY, Cou~ty R~order
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HE'~. l....ol'Jn ~H: ~_,,-,:' _hC~~mh , '=-~hC':.:-:____,____Deputy
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