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P-319 \, F<,,~ '98-3"7-1~":.. _~.~__~~~_~ffiJc!:...~_.~~$~'............, ( , i' . iff .3-:30 ~ ~tant Detb "II I; Ii I ,I In consideration of ll.~Q...QQ................, receipt of which is acknowledged, Ii I II HENRY STJ..RK, a single man I! I: who~~ permanevt address i8..#lO.1l..Q.ali:t:Qrnia...s:t.r.e.e.t......Q.cftans.ide.....Calif.o.rnia~................. I :1 ~! I) do................hereby grant to..tlHL............................................................................................................................................... I! City of Santa l\;onieb, a municipal cor:porction, u " I Ii !! ~~:~rii;F!i~~~~~:::Qr:~ig{~:j~.Qii{~;i!~~;;;;~:;=;:;:;::C;;~~;;...~f:t(,i:~:..l0.e.~J:~:~:~:::::::::::::::::::::::: ii I )i :j !1 II --- !1 That portion of Lot 24 of the Moss Tract, as shown on 1- ( ~ map recorded in Book 36. pages 64 and 65. of Maps. records II '! of the Oounty of Los Angeles. which lies northeasterly of I Ii I, , . !! 1\ the following described linel " Ii Ii Beginning at a point in the northwesterly line of said Ii lot which is southwesterly thereon 16.71 feet from the most r !i norther1ycorner of said lot; thence southeasterly in a ;' I, Ii' I' direct line t6 a point in the southeasterly line of said . I !I Ii" lot which is southwesterly thereon 10.59 feet from the :1 II II ii most easterly corner of said lot. il ii I, Ii I -~ - ) i Ji I 'Ii Ii ,I 9: t Ii ISIh ~ 3 " 'I' , I Dated thia..............:::::........_day of............... ................._ ..........................., 19.....)..... I i I ~xV-~.................................................... I ~~~: @f.a-v.. ~. . ........... .... .. .... un. "._ _ ._ __nowww..._ n. d.... n. ,-0.. ._ un ..,.u~__..u.....u..n..u.U....u_.. ~ .__.............__ .~..__........................... ...._.;I.~..............._..,.c......__...~...wo..._.........._w..w.............. ...w...............................................................__.........~~_.__....u........__.4._...............u.': ,.==- #;;1 J' ............._-~ ~< On this 15th day at. _~leb:r::~__in the year one thousand . nine hundred and thirty-nine - , before me, L, E. LAMPTON, County Clerk and ex-officio Clerk of the Superior Court in and for said County, personally appeared____ ------------- known to me to be the same person whose name is subscribed to the within instrument as a witness thereto, who being by me duly sworn, deposed and said that he resides in Los Angeles County, State of California, that he was present and saw_ HEl,RY STARK>-fl.....I31nglE'!...lJl~._::__...:-~-~_:~___=_=__==:.=_.,"'-'" ; .f. '.i- , , , .', i/> . ___, personally known to be the same ) , _.._~- person__whose name is subscribed to the within and annexed instrument, execute and deliver the same, and_he_acknowledged to said affiant that_he_executed the same, and that - said affiant subscribed h~name thereto as a witness. lIn 1IlIHtntlili .~trtnf. I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written, ~ ~ 1... E. LAMPTON. r County Clerk and ex.Officio Clerk of raid Superior Court \ BY~ /1, ?:h~:Z:-~ , D(!puty. \ i ~ 1::- . . :~: ~ ~ 1::-t ~ ~ ' : . e; t~ ~:I I: ~ ........... () '" - ~ o C (,J'" t. .: . ~ 0 ~ to' : U.!l' :: ;;.. 1::- ~ i a '~...~: f-<"',g. ~~O' : ....:l : C/'J <:> e f3o.. t;J J; .~. - : , . ::>.~.," '-'~o~ ~ ~ : {. ~ ~ ~. ;; ~ ~. ~.~ ; ~ ij ij '" ~~ ~" ~~~"'-n'!i:': ~"''''...~ ..."'1 0 ~',,' , r.l " . u .: r.J" . ~ ",0"1: . ;= t. :of z... , _~ Ol = ~ . ~ ~ ~ i5 ! \ 'i ~ ~ ~ ii~. i J rn 0= ::z:: ' '_: Z i! "':::fi o:.:i .!:; 0 iSo : -~~.: _~., ~~~~:'-'~ . ~ 4 . r.l >E.; ~ ~;; ,,~ ~~ : : , ~CJl ~5=~:s.~", ~. ; j:: "M el1" ~a""ll : ~ : l::""'l ~ ~ ll)....: .e'" ~... i;;H . :::: l<l '" '" ~ J 0>: ~ lJ-li>-' t3'" Uz. ~ D. z~ ~ ~~ <~~ Cl.) ~ r:z::~= tin ~ ~ p.j ;:>Or.l M ..: E-i!-<\ V) 0 '" 8 0 '7 0: Z Z ..... ()) ... :;] ;:li E- -< = ()) 2: -v:>'" - fit ""' <1>: ~~~o . .... 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U , I ~ , , I TIlE CITY COUkOIt OF Tl:::r~ CITY OJrSliN'rA MONICA HEREl31 That the annexed (Jrs.nt Deed from lIenry Stark oertain property in the C1 tyof 'Janta :,:onica, County of ~t8te of California, described as: That portiGi: of I.ot 2.4 or the :.;o;,::s Tract,. fis shown on ll'.Sp reoorded in Book 36, Pages 54-and 65 of Maps, reCOrds ot' the countJ' of Los Angeles, whlcll lies nO:l:"..hassteI'lr of the following de:- scribedlille: Beginning at 8'polnt in the nor-thW61:lteJ.'ly Une of said lot which 113 sou~{jp- \:c$terly thereon 16. 'll fat f'ro:ru. the r.:04it north- f:l'l.'lcornm' of St~iJ lot; thence cQuthensterly . in a direct liE,;} to I:.;, point in the ~outhee.sterly line c,f ::SHid lot, which i5 :...outh,:e.:.terly tbere.on 10.5<d frJet front. t.ho mOEt easterly' corner of said lot, ha, tinct the bwne is 11f.~rebJ accepted. If::.M--.. ~ /7 IT .. t :. j"LVi:,: . '\ _/. 'I~ 11: {j the C "io~;i)I{(::ri :;: 10 ,catty, as ex,":ott101c- '. ".yor, .nd h ~iB' oneE of ~ \lorks, be, and th<>y.h.reby ure, a.uthori ~ .1 i~u. execut.e t <.Ul.l1exed Aoceptance ~ of Deed, and'" JOIlw;l l' 0 :Finanoe, ex"'officio City CleJ'k 01' the (,:1 ty of ~':anta. Lon108., be, and he hereby Us, authorlz.ed, and. instructed to attes t the same and aff'ix the beal of tll€l Gi ty ot Santa Monica thereto. i'hatthe Commissioner otPublic ,;a.fety, ex..ott10!oli.,.or. be. and h. is he:re1.J..3' .utho:,r.1zeu auq lnst:ruc ted to e arUfy to -.lte ndopt1on of. this resolution., and the COl'.11rnhsioner Of "B'ina:noe, ex- officio City Clerk, ex-arficlo Clerk of the city Council, be, and hela hel'eby authorized and instructed to Bttest the same. ADOPTED this 19th day of .;,pril, l\J3~, vote: AY' ;~S : Plumer, ~illlken, Gillette !'~U ~~~u : None A.';; ~N L':None ~. Corami saloner O~bl1 C i;jaf'ety, $x- officio r.i'a.yo:.r; of the Cl ty of Santa . !.{oni ca. , Cor.::.::issloner of J!'inance, ex-atfic 0 City Clerk, ex-ofticio Clerk of the Ci ty Oouncil of tho Ci ty or' ~;ant8 l'.rionica. Approved as to form this /'1 day of April, 1939. . , . . . " . . ,., , 1 r ,t_ . .. . . . . .. SUTE OJ!' c..u.xrORNIA., ) (8S. COUNTY OF LOS ANGEL~S.) I, T. D.PLU1l1lR, hereby certify that I am the Commiss1on~ er of.P'inanoe, e:x:-otficioCity Glerk ot the City of Santa Mon1ca; that the foregoingisr;full. true andcorreot oopY of thet,oerteln resolution adoJ)ted by theCityCou.ncil ot the City or Santa Monica at a regular meeting of saidCounoil held April 19th ,1939. Cf_~~ SUbscrlb~nd sworn to betoreme this/j/~day or ApI'll, 1939. / ~ oJ ' / / -2- #.31/ . . . . ~.-c: - ~ " , .. ... ; . . . .. . ~. " ~ . .. - . AOCEPTANCE OF DEED :.. -. The anneXed Dead 1s hereb}T8ooepted this 19th April, 1939. CITY OF. S.A,NT.A. MONIOA, ttlUniclpal corporation I BY~ Oommissioneror PUblic Safety, ex- offioioMayor of tlle City of Santa Monica "' By ?r ?fff~j Commissioner ot'PublicWorks ot the Oity'of Santa Monica. Jf STATE OF OALIFORNIA, ) SS COUNTY OF LOS .ANGELES.} . · On t.his / r#day ot April, 19Z9, betoreme~ the U!lclElr- signed, a Notary Public in and tor the Oounty of I.osAngeles,8tate of Oalifornia, residing therein, duly oommissioned and sworn, P"1"- sonally appeared E. s. GILLETTE, knovm to me to be the Commissioner or Public Safety, ex-officio Mayor of the City of Santa 'Monica, a municipal corporation,and W. IV. MILLIKEN, known to me to be theColll- missioner of Public Works of said City, whose, names are subsoribed to the foregoing Aoceptance of DEl.ed, and they acknowledged .to.,me that they executed the sa:1l18 on behalf of said City of Santa Monica, . pur- suant to a Resolution duly adopted by the City Council of said City, and on said 19th day of Apr1l ,1939, personally appeared be- fore me, T. D. PLUMER, known to me to be the Commissioner of' :Finance, ex-officio City Clerlt and ex-officio Clerk of the City Couneil of' the City of Santa Monica, and he acknowledged to me, tha.t he atteflted said Acoeptance of Deed and .affixed the seal ot the City of Santa Monica thereto. IN \,Xl'I'l:Tt:SS \\1-IEHEOF, r have hereunto set tnYb.$nd ant,i afi'bced my official seal the day and YGsr first h~reinabove written. oUIlty -3- #.3/1 ,.. ]l'B. OPI' .. -/.~. -~>... . . / I ), ,~,j;.,t,,~ .:", ':"; LvI" l-il.~!l-10M LALUURNIA LAND '!Tn:),; AS'SOLIATION 'STANDARD AF'6R1.i i' ""- A: Copyright 1938 . - , '. .' . .J. . . . J ~ Policy No. 1162691 TITLE GUARANTEE AND TRUST COMPANY a Corporation of Los Angeles, California, herein called the Company, for a valuable consideration paid for this Policy of Title Insurance, Does Hereby Insure CITY OF SANTA MONICA, 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 satisfaction of 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 dis- solution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding ---Seven Hundred Fifty Dollars ($750.00)--- 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 unmarket. ability 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 stipula- tions are hereby made a part of this policy. In Witness Whereof, Title Guarantee and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, this 24th day of April 1939 at 8:30 A.M. T ITLE GUARANTEE AND TRUST COMPANY By ar 7?7~ President. ...;// --- (- ).. .' / / . ~'-':Z:'?;~ -rr; ~ Assistant Secretary. ... , e; ,/ -4 ..7// This Policy consists of 7 pages which a umbered at the end of each page. ])t:"' cI 1 . '" - ._~- .-r Copy lA-3.3,}-15M - . , , ....-. . . - . . . SCHEDULE A [1.] The title to said land is, at the date hereof, vested in CITY OF SANTA MONICA, a municipal corporation. [2.] Description of the land, title to which is insured by this policy: That portion of Lot 24 of the Moss Tract, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 36 Pages 64 and 65 of Maps, in the office of the County Recorder, which lies northeasterly of the following described line: Beginning at a point in the northwesterly line of said lot which is southwesterly thereon 16.71 feet from the most northerly corner of said lot; thence south- easterly in a direct line to a point in the southeasterly line of said lot, which is southwesterly thereon lO.5Q feet from the most easterly corner of said lot. Page No. 2 of Policy No.116269l P .3 /'1 .. -.--- r~ . e Copy IB-3.39-1SM " " , ." . . . 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 npt shown by those public records which impart con. structive 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. Acts or regulations of any governmental agency regulating the occupancy or use of said land or any huilding 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 taxes of the fiscal year lca39-40. (2) A sale to the State of California for County and City taxes on all of said Lot 24, for the fiscal year 1934. Assessment No. 512233, and subsequent delinquencies. Election has been made to pay in ten annual install- ments. (3) Covenants, conditions and restrictions imposed in the deed from Carl A. Arnold, single, recorded January 23, 1924 in Book 2916 Page 133 of Official Records, and similar covenants imposed in the deed from Melville B. 3 1162691 #3/f Page No. of Policy No. . -. - ...- . .,. e " -. . . . Rapp, married, reoorded July 29, 1925 in Book 4451 Page 266 of Official Records. (4) Easement for sidewalk purposes over the north- easterly 8 feet of said lot, as granted by Los Angeles- Santa Monica Beach Company, a corporation, to the City of Santa Monica, by deed reoorded February 20, 1918, in Book 6637 Page 41 of Deeds. By the terms and provisions of said deed, the grantor reserved for itself or its assigns, the right "to build, erect and maintain over said 8 foot strip structures, not less than 9 feet in the clear above the official grade and to erect, build and maintain columns for pillars to support the structure so erected over said 8 foot strip, said columns or pillars to be erected so that no part of them shall extend more than 2 feet from the curb line inside of said 8 foot strip." (5) Easement affecting the northeasterly 8 feet of said lot for the purpose of oonstructing and maintaining meter boxes and fire hydrants, as granted to the City of Santa Monica, by deed recorded February 20, 1918 in Book 6646 Page 21 of Deeds. Said deed provides "that said meter boxes and fire hydrants shall be placed as near the curb line as possible" Page No.4 of Policy No. 1162691 #~/f .,. - \ ",' e , , . ' . . . and that the grant in this and in the last proeceding paragraph is "upon the express understanding that nothing herein shall be construed as to give to said second party or any other corporation or person, any right to erect or maintain any poles on any of said land." (6) The perpetual right and easement to use as a sidewalk or way, for the passage of pedestrians only, the northeasterly 8 feet of said lot, subject however, to the right of the grantee in said deed, its successors and assigns, to so construct or place any building erected upon the land thereby granted that any portion thereof which shall not be less than 10 feet in the clear above the surface of said 8 foot strip, may extend over the said 8 foot strip and any such overhanging or arcaded por- tion of any such building may be supported by pillars or columns resting only upon the northeasterly 2 feet of said 8 foot strip on the southwesterly side of' said "Appian Way" which said reservation shall inure to the benefit of the grantor, its successors or assigns and such assigns shall include the general public, however, whenever a dedication of said rights and easements shall be made to the public, as reserved in the deed from Los Angeles-Santa Monica Beach Company to Union Realty Company, recorded May 3, 1919, in Page No.5 of Policy No. 1162691 #3/1 . II. . e . . . , , . Book 6841 Page 118 of Deeds. (7) Covenants, conditions and restrictions contained in the last above mentioned deed. 000 0 000 0 0 Page No.6 of Policy No. 1162691 il:-J/f . . ... 111"'.... , , I . . ,,<",, .,"" I Copy IC-I.39-10M e , · e ..' . ~ . . -.. STIPULATIONS SCOPE 1. This policy does not insure against, and the SUBROGATION 4. Whenever the Company shall have settled OF Company will not be liable for loss or damage UPON PAYMENT a claim under this policy, it shall be subro. COVERAGE created by or arising out of any of the following: OR SETTLEMENT gated to and be entitled to all rights, securi. (a) defects, liens, claims, encumbrances, or other matters which ties, and remedies whIch the insured would have had against result in no pecuniary loss to the insured; (b) defects, liens, any person or property in respect to such claim, had this policy encumbrances, or other matters created or occurring subsequent not been issued. If the payment does not cover the loss of the to the date hereof; (c) defects, liens, encumbrances, or other insured, the Company shall be subrogated to such rights, securi. matters created or suffered by the insured claiming such loss or ties, and remedies in the proportion which said payment bears damage, or existing at the date of this policy and known to the to the amount of said loss. In either event the insured shall insured claiming such loss or damage, either at the date of this transfer, or cause to be transferred, to the Company such rights, policy or at the date such insured claimant acquired an estate or securities, and remedies, and shall permit the Company to use interest insured by this policy, unless such defect, lien, claim, the name of the insured in any transaction or litigation involving encumbrance, or other matter shall have been disclosed to the such rights, securities, or remedies. Company in writing prior to the issuance of this policy. Any . . rights or defenses of the Company against a named insured shall OPTION TO PAY 5. The Company has the nght and optIOn, be equally available against any person or corporation who shall INSURED OWNER in case any loss is claimed under this . . OF INDEBTEDNESS l' b . d f' d b become an msured hereunder as successor of such named msured. AND BECOME po ICY y an Insure owner 0 an In e t. . OWNER OF edness secured by mortgage or deed of DEFE~S~~F ~. The ~ompany ~t Its own cost ~all def~nd the SECURITY trust, to pay such insured the indebted. . ACT 0 Insured In all act!ons or proceedIngs agaInst the ness of the mortgagor or trustor under Insll;red founde? upon a ~efec~, hen, encumbrance, or ot~~r ~at. said mortgage or deed of trust, together with all costs which the ter msured ag~Inst. by.thIs polIcy, and may pursue such litIgatIon Company is obligated hereunder to pay, in which case the Com. to ~nal determIna~IOn In the court of last !esort. In case any such pany shall become the owner of, and such insured shall at once actIOn or pro~eedIng shall be b~gun, o~ In ca~e knowledge shall assign and transfer to the Company said mortgage or deed of come. to any. msured of any: clalll! of tItle or Interest adverse to trust and the indebtedness thereby secured, and such payment the tItle as Insured, or whIch mIght cause loss or damage for shall terminate all liability under this policy to such insured which the Company shall or may be liable by virtue of this . NOTICE OF policy, such insured shall at once notify the NOTICE OF 6. A statement in writing of any loss or damage ACTIONS Company thereof in writing. If such notice LOSS for which it is claimed the Company is liable oRTgL:~MS shall not be given to the Company at least under this policy shall be furnished to the Company within sixty GIVEN BY five days before the appearance day in any days after such loss or damage shall have been ascertained. No THE INSURED such action or proceeding, or if such insured LIMITATION action or proceeding for the recovery of any shall not, in writing, promptly notify the Company of any defect, OF ACTION such loss or damage shall be instituted or main. lien, encumbrance, or other matter insured against, or of any tained against the Company until after full com. such adverse claim which shall come to the knowledge of such pliance by the insured with all the conditions imposed on the insured, in respect to which loss or damage is apprehended, then insured by this policy, nor unless commenced within twelve all liability of the Company as to each insured having such notice months after receipt by the Company of such written statement. in regard to the subject of such action, proceeding, or claim shall cease and terminate; provided, however, that failure to so PAYMENT OF 7. The Company will pay, in addition to any notify shall in no case prejudice the claim of any insured unless LOSS AND loss insured against by this policy, all costs the Company shall be actually prejudiced by such failure. The L:;'~~~~I~~ imposed upon the insured in litigation carried Company shall have the right to institute and prosecute any INDORSEMENT on by the Company for the insured, and in liti. action or proceeding or do any other act which, in its opinion, OF PAYMENT gation carried on by the insured with the writ. may be necessary or desirable to establish the title, or any in. ON POLICY ten authorization of the Company, but not sured lien or charge, as insured. In all cases where this policy otherwise. The liability of the Company under permits or requires the Company to prosecute or defend any this policy shall in no case exceed, in all, the actual loss of the action or proceeding, the insured shall secure to it in writing insured and costs which the Company is obligated hereunder to the right to so prosecute or defend such action or proceeding, pay, and in no case shall such total liability exceed the amount and all appeals therein, and permit it to use, at its option, tlle of this policy and said costs. All payments under tliis policy name of the insured for such purpose. Whenever requested by shall reduce the amount of the insurance pro tanto, and payment the Company the insured shall assist the Company in any such of loss or damage to an insured owner of indebtedness shall action or proceeding, in effecting settlement, securing evidence, reduce, to that extent, the liability of the Company to the insured obtaining witnesses, prosecuting or defending such action or pro. owner of said land. No payment can be demanded by any in. ceeding to such extent and in such manner as is deemed desir. sured without producing this policy for indorsement of such able by the Company, and the Company shall reimburse the payment. insured for any expense so incurred. The Company shall be . . subrogated to and be entitled to all costs and attorney's fees MANNER OF 8. Loss under thIS polIcy shall be payable, first, . PAYMENT OF t . d f . d bt d db incurred or expended by the Company, whlch may be recover. LOSS TO 0 any msure owner 0 In. e e n.ess secure y able by the insured in any litigation carried on by the Company INSURED ~ortgage or d~ed. of trust. shown m Sche~uIe B, on behalf of the insured. The word "knowledge" in this para. ..In order of pnonty therem shown, and If such graph means actual knowledge, and does not refer to constructive owner~hlp vests.In '!lore than one, payment shall be made ratably knowledge or notice which may be imputed to the insured by as theIr respectIve mterests ~ay appear, a~d thereafter, any loss reason of any public record or otherwise. shall be payable to the other lI!sured, a~d I~ more than one, then . to such Insured ratably as thelr respectIve mterests may appear. OPTION TO 3. The Company ~eserves th~ optIOn to pay, If there be no such insured owner of indebtedness, any loss shall PAY, SETTLE. OR settle, or compromIse for, or m the name of, be payable to the insured and if more than one, to such insured CO~:1~~ISE the in~ured,. any; claim insured .against or to ratably as their respectiv~ interests may appear. pay thIS pohcy In full at any tIme, and pay. ment or tender of payment of the full amount of this policy, WRITTEN 9. No provision or condition of this policy can together with all accrued costs which the Company is obligated INDORSEMENT be waived or changed except by writing in. hereunder to pay, shall terminate all liability of the Company RE~~~RNEgE TO dorsed hereon or attached hereto signed by the hereunder, including all obligations of the Company with respect POLICY President, a Vice. President, the Secretary, or to any litigation pending and subsequeQt costs thereof. an Assistant Secretary of the Company. Page No. 7 of Policy No. 1162691 ~.$ /? './/-?'/ T -~~ . . . . .. . 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