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P-46 (2) ,~~ '~~. -~.. '. '"..' . e,J- , ..,- . 8001(35837.PAGE235 RE:S OLUT! ON NO. 659 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY OOUNCIL OF THE: CITY OF' SANTA MONtCA AUTHORIZING THE: PURCHASE OF CERTAIN REAL PROPERTY IN SAID CITY. TIlE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE A.S FOLLO"'J3: SECTION 1. Tha.t the 01 ty Manager be and he he:r>eby is authorized to enter into escrow and do all things necessary ror conveyance or the fol.lowing described. real property to the City ot' Santa. Monica and to accept the deeds to said property on behalf or IUlld city'. Said. real property i8 described as rollows: Owners: Norberta L. Arambula and Concepcion Arambula Lots 1 and 3 ln Block 3 01.' Erkenbrecher Syndlcate Santa Monica Tract, as per map recorded in Book 6 pages 26 and 27 01.' Maps, EXCEPT the Southwesterly 60 teet of the Northwesterly 95 teet at sald lots, also EXCEPT the Northeasterly 45 feet of said lots. SECTION 2. Resolution No. 6.34 (CCS) of the City Council of the City or Santa Monica hereby i8 resoinded. SECTION 3. The Oi ty Clerk shall certlry to the adoption of this resolution and thenceforth and thereartep the same shall be in rull force and effect. ADOPTED and APPROVED this 13th day of March II 1951. i -, /..ce- ATTEST: /}./ ;.' ;,dlB \. ~ Mayor ,f'! hereby certity that the foregoing resolution 1 .,. . =- . --. '~ ~ ,. , , . 800K35837 PAGE236 was d'lly adopted by the City Council of the City of Santa Monica at a regular meeting thereof held on the 13th day of March , 1951, by the following vote of the Council: AY': J : Councilmen: Barnard, Dickinson, Hart, MCCarthy, Neilson, Gates NOES: Councilmen: Hone . AujENT : C01mcilmen: Guercio ~~ Approved as to form. this day of 1951. /s/ Royal H. Jorensen, City Attorney. O,,,,..;,d c. :1 .~ 1 { I I ,......--- - -- -.- '. ".. ..,' , -- ,~~ 'f' '.- SPACE ABOVE THIS LINE FOR RECORDER'S USE BOOK35837 PAGE23'7 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE Grant Deed p 10 {( J j ; Affix L R. S. $...&'L?l;;:'h?_-"''' 398 9.50 THIS FORM FURNISHIiD BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is herehy acknowledged, NORBERTO LASCANO ARAMBULA and CONCEPCION ARA1IDULA, husband and wife, , do herehy GRANT to CITY OF SANTA MONICA, a municipal corporation the real property in the City of Santa Monica county of Los Angeles , state of California, descrihed as: Lots 1 and 3, Block 3 of Erkenbrecher Syndicate Santa Monica Tract, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 6 Pages 26 and 27 of Maps, in the office of the County Recorder of said County. EXCEPT the Southwesterly 60 feet of the Northwesterly 95 feet of said lots, also except the Northeasterly 45 feet of said lots. SUBJI~CT TO: 1. Second installment of the general and special taxes for the fiscal year 1950-51. 2. Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record if any. ~ ?, I Dated:. ....Jcmua;r;'y..23,.l25lmm..".............. ...~..~.~ UUu..u...-....u.uuu..........___.........u........._u_...._.___......._............... -~.th~ ....n.....~._._.._~.....h~__.....,.._.....____.__.._..._._____...h_..n..__.___.._...~.u..__ STATE OF CAUFORmA I SPACE BELOW FOR RECORDER'S USE ONLY COUNTY OF SS. ..u..uu....~:;;...J\J:lg~:I,~:; ......nu...u .uu.......... On ....... ........J?l1l1!iryu.?}.1.;2$.:l..........u......................., before me, the undersign~d, a Notary Public in and for said County and State, personally appeared ....u...........tJ<)~l:1~.~:tg..J~~99!lJ1Q.A~q,mhula.. ( 1144- u..u....?!I(:l.g().D.qp,p.9:i,,9nuAI"~mbula. nu""n__' . ...._n.n_. ...._......... nn_....... D<>ClJMENT No.......___._____ ....................................... .n.........._n RECOR.DED AT REQUEST OF ~ .... .nn" ........ "un......... .n............"" .........., nTLE INSURANCE & TRUST CO, ~ 0: known to .me.to bethe"p-er~onS... whose name..s..u.....a..I-"~'" ~ subscribed to thewjthin instrument and acknowledged t at .....:tb,l3Y,:..:, .......execured rhe same. MAR 20 1951 AT 8 A. M. .~~ ~ WITNESS my hand and officilllselil. BCDK35837 PAGl2:>5 ...., 4'') IN OFFICIAL llECOROS County of Los Aagelea, CaUfomia ~ (Seal) ......;...............-li~"... ,...i;.~.;;;-;;,~. !let $ ~/Z.L.L/ ~ .... B.~ C'AlunIy RecoflIer ~ ., I( tr'I.~ "';': ~ -! v tf 't'; ~ ~ ~ 7- Ij ~ ~" 0 ~ < ~:J < C'l '""'-< c ;z ... 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Fee $ 46.00 POLICY OF TITLE INSURANCE ISSUED BY TITLE INSURANCE AND TRUST COM P AN Y 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 0lM.~ e'~ PRESIDENT / ..' ,/........J.:; . '" ,. AttesI4''''~-f~Jl "...;c..;1""1?1i..;'l!ioJ,__"/" SECRETARY U ..c/y ~/ '0 HbL 1012A.l.50 . yb .. . . . . . , . SCHEDULE A Amount $ 7,000.00 Date March 20, 1951, at 8 a.m. Policy No. 3391641 INSURED CITY 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: Lots 1 and 3 in Block 3 of Erkenbrecher Syndicate Santa Monica Tract, in the city of Santa Monica, as per map recorded in book 6 pages 26 and 27 of Maps, in the office of the county recorder of said county. EXCEPT the southwesterly 60 feet of the northwesterly 95 feet of said lots. ALSO EXCEPT the northeasterly 45 feet of said lots. . ~ . 10128 6-50 . . . . . . SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in paragraphs numbered 4 and 5 on page 1 of this policy. PART ONE: This part of Schedule B refers to matters which, if any such exist, may affect the title to said land, but which are not shown in this policy: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing agency or by the public records; and easements, liens or encumbrances which are not shown by the public records. 2. Rights or claims of persons in possession of said land which are not shown by the public records. 3. 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, 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 subject: 1. General and special county and city t axe s for the fi sc a1 year 1951-1952, a lien, not yet payable. 2. second installment of general and special county and city taxes for the fiscal year 1950-1951 ( Code Area 4788, Parcel No. 326-39-31), amount $57.43. 3. An easement over the southe asterly 5 feet of Lot 3 for pole lines and .incidental purpo 5e s, as granted to Southern Cali fornia Edison Company, by deed recorded in book 30464 page 37}-t, Official Records. . ---- . - IOI2.C.6.50 . '. . . . . STIPULATION S 1. SCOPE OF COVERAGE cUFTed or expended by the Company,. ..hich may be otherwise. The liability of the Company under thi. recoverable by the insured in any litigation carried policy shall in no case exceed, in all, the actual losl This policy does not insure against. and the Company on by the Company on behalf of the insured. The of the insured and coUs which the Company is obligated will not be liable for loss or damage created by or word "knowledge" in this paragraph means actual hereunder to pay, and in no case shall such total arising out of any of the following: (a) defects, liens, knowledge, and does not refer to constructive knowl. liability exceed the amount of this policy and laid claims, eucumbrances, Or other matters which result in edge or notice which may be imputed to the insured costs. An payments under this policy shaH reduce the no pecuniary 1088 to the insured; (b) defects, liens, by the public records. amount of the insurance pro tanto, and payment of Iou encumbrances. or other matters created or occurring or damage to an insured owner of indebtedne91 shall subsequent to the date hereof-; (c) defects, liens, 3. NOTICE OF LOSS. LIMITATION OF ACTION reduce, to that extent. the liability of the Company to encumbrances, or other matters created or suffered by the insured owner of said land. No payment may be the insured claiming such loss or damage; or (d) A stalement in writing of any los8 or damage for which demanded by any insured without producing this policy defects. liens, claims, encumbrances, or other matters it is claimed the Company is liable under this policy for indonement of such payment. existing at the date of this policy and known to the shall be furnished to the Company within sixty days insured claiming such loss or damage. either at the after such 10SA or damage shall have been ascertained. date of this policy or at the date 8uch insured claim. 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. 6rst. to any unless such defect, lien. claim. encumbrance or other against 1he Company until after full compliance by insured owner of. indebtedness secured by mortgage or matter shall have been disclosed to the Company in 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 appeared insured by .his policy, nor unless commenced within therein shown, and if such ownenhip vests in more at the date of this policy on the public records. Any twelve months after receipt by the Company of such than one, payment shall be made ratably as their rights or defenses of the Company against a named written ItatemeDt. respective intere$ls may appear, and thereafter any insured shall be equally available against any penon loss shan be payable to the other insured, and if more or corporation who shall become an insured hereunder 4. OPTION TO PAY, SETTLE. 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 no such msured The Company reseJ'\les the option to pay, settle. or owner of indebtedne88, any loss shall be payable to the insured. and if more than one, to such insured 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS compromise for, or in the name of, the insured, any ratably as their respective interests may appear. OR CLAIMS TO IE GIVEN IIY THE INSURED claim iQsured against or to pay thil policy in full at any time, and payment or tender of payment of the The Company at its own cost shall defend the insured fun amount of this policy. together with an accrued 9. DEFINITION OF TERMS in all litigation consisting of actions or proceedings 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. or shall terminate all liability of the Company here- injunctions interposed against a foreclosure or sale of under, including all obligations of the Company with. (a) "named insured": the persons and corporations said land in satisfaction of any indebtedness, the respect to any litigation pending and subsequent coats named as insured in Schedule A of this policy; (b) owner of which is insured by this policy, 'Which litiga- thereof. "the insured": such named insured together with (1) tion ill founded upon a defect. lien I encumbrance, or each successor in ownership of any indebtedness secured by any mortgage or deed of trust .hown in other matter insured against by this policy, and may S. SUI ROGATION UPON PAYMENT OR SEnLE- Schedule B, the owner of which indebtedne88 is pursue such litigation to final determination in the MENT named herein as an insured, (2) any !Iuch owner or court of last resort. In case any such litigation shall Whenever the Company shall have settled a claim succe880r in ownership of any such indebtedne81 who become known to any insured. or in case knowledge shall come to any insured of any claim of title or under this policy. it shan be subrogated to and be acquires the land described in Schedule A or any interest which is adverse to the title as insured or entitled to all rights, securities, and remedies which part thereof, by lawful means in satisfaction of said which might cause loss or damage for which the the insured would have had against any penon or indebtedness or any part thereof. (3) any governmental Company shall or may be liable by virtue of this property in respect to such claim, had this policy not agency or instrumentality acquiring said land under policy, such insured shall notify the Company thereof been issued. If the payment does not cover the loss an insurance contract or guarantee insuring or guar. in writing. If such notice shall not be given to the of the insured, the Company shall be subrogated to anteeing said indebtedness or any part thereof, and Company at least two days before the appearance day such rights, securities, and remedies in the proportion (4) any person or corporation deriving an estate or in any such litigation, or if such insured shall not. in which said payment bean to the amount of said loss. interelt in said land as an heir or devisee of a named writing. promptly notify the Company of any defect. In either event the insured shall transfer. or cause to insured or by reason of the dissolution, merger, or lien. encumbrance, or other matter insured against. or be transferred, to the Company such rights, securities, consolidation 01 a corporate named inlured ; (c) of any such adverse claim which shall come to the and remedies, and sball permit the Company to ule "land": the land de8Cribed specifically or by reference knowledge of such insured, in respect to which loss the name of the insured in any transaction or litigation in Schedule A and improvements affixed thereto which or damage is apprehended, then aU liability of the involving such rights, securities, or remediea. by law constitute real property; (d) udate": the Company as to each insured having such knowledge exact day. hour and minute specified in the .6rst line shall cease and terminate; provided. however. that 6. OPTION TO PAY INSURED OWNER OF IN. of Schedule A (unless the context clearly requires a failure to so notify the Company shall in no case prej. DEIlTEDNESS AND IE COME OWNER OF SECURITY different meaning); (e) htaxing agency": the State udice the claim of any insured unless the Company and each county, city and county, city and district 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 ha,"e the right to institute and prosecute of an indebtedness secured by mortgage or deed of "public records": those public records which, under any action or proceeding or do any other act which, trust. to pay such insured the indebtedneu of the the recording laws. impart constructive notice of mat. in its opinion, may be necessary or desirable to mortgagor or trustor under said mortgage or deed of ten relatine to said land. establish the title. or any insured lien or charge, as trust, together with all costs which the Company is insured. In all cases where this policy permits or obligated hereunder to pay. in which case the Com- requires the Company to prosecute or defend any pany shall become the owner of, and such insured 10. WRITTEN INDORSEMENT REQUIRED TO action or proceeding. the insured shall secure to it in shall at once assign and transfer to the Company. said CHANGE 'OLlCY writing the right to so prosecute or defend such action mortgage or deed of trust and the indebtedness there. No provision or condition of this policy can be waived or proceeding. and all appeals therein. and permit it by secured, and such payment shall terminate all or changed except by writing indorsed hereon or at- to use, at its option. the Dame of the insured for such liability under tbis policy to such mlured. tached hereto signed by the President. a Vice Presi. purpose. Whenever requested by the Compan y the dent, the Secretary, or an Assistant Secretary of the insured shall assist the Company in any such action 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. Company. or proceeding, in effecting settlement, securing evi. dence. obtaining witnesses. prosecuting or defending INDORSEMENT OF PAYMENT ON POLICY such action or proceeding, to such extent and in such The Company will pay, in addition to any )081 insured 11. NOTICES, WHERE SENT manner as is deemed desirable by the Company, and against by tbis policy. all COllts imposed upon the in. All notices required to be given the Company and any the Company shall reimburse the insured for any sured in litigation carried on by the Company for the statement in writing-required to be furnished the Com. expense so incurred. The Company shan be subrogated insured, and in litigation carried on by the insured pany shall be addressed to it at the office which issued to and be entitled to all costs and attomeys' fees in. with the written authorization of the Company, but not this policy_ - ~ . . . . . - . . . v ~ " ~ '" / / " .', ERKENBRECHER SYNDICATE SANTA MONICA TRACT BLOCKS 3 AND 4 I HIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS.