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P-86 (2) ~ ""',' :e. . ~. . . . - . . . .. ~ ..,-~ , BooH38391 pAiJE13c1 RESOLVTION' NO. ~ ceNT. (CITY COlJ1srCIL SERIES) )JIZED fi A RESOLUTION OF THE CIffY COUNCIL OF THE CI~f OF SAN~A MONICA AUTHORIZING THE C 1'1'1' MANAGER TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF SANTA MONICA. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Manager be and he hereby is authorized to enter into escrow, accept the grant deed, and do ,all things necessary to complete the purchase by the City of Santa l\~onica of the following described real property for Civic Center purposes; Lot 20, Block 3, Band1ni Tract, in the City of Santa Monica, as per Map recorded in Book 55 J Page 56, of Iv1iscellaneoua Recorda in the office of tile Recorder of Los Angeles County. SECTION 2. That the City Manager be and he hereby 1s authorized to execute on behalf of the City of Santa fllonica a leas. of said property to FREDERIC E. BALLOU and LULU S. BALLOU for a term of' 12 months commencing on the day the escrow is closed, for the consideration of $1. 00 . Said lean also shall contain a provision per- mitting the Lessees to remove all improvements situated upon .aid real property if such removal is completed wi thin the term ot, .aid lease. Said lease also shallcontaln a provision gran,ting an option to Le..... to extend the term otsaid lea.se fora. period.o,f 90 6ays conditioned upon Lessees posting a cash bondot $200.00, said bond tc betol'teitec1 U1 the event lAtesee. dO not remoVe the 1m.prov_.nt. Wi th.U1 said extended period. 1 I - ci '7 jl- j .. -. - :~ .~ - . - 'e . . ~. .. J... ~ ..... , . BllOK38391 PAGE135 SECTION 3. The City Clerk shall certify to the adoption of this resolution and theneeforth and thereafter the Bame ,hall be in full force and effeot. ADOP1~D and APPROVED this 26th day of FAl)r1HI:ry , 1952. J\T'l!B$T: rr .'" ~ ~~/." , ~fI~~ I yor .~.iVrv~... -- I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a _ reguJ ~ meeting thereof held on the 2~t~ day 01' F9bp'Wti\py , 1952, by the following vote ot the Council: AYES: Councilmen: Barnard, Grubbs, Guercio, Mahoney, NOES: Councilmen: McCarthy, McDermott, Hart None ABSENT : Councilmen: None Ap))rov." aa to form. th1a f/11tlW.~ I 26th day of February, 1952. I I J. LEROy IRWIN, ~s/ J. Leroy IrwIn, city A torn.y i I I 2 d~c./ It 1/4> r-~~ , -- ..- -~--~~ . > , .. ... - . . , USE ' e I SPACE ABOVE THIS LINE FOR ' BooK38391 PAlJE13f; PLACE . SPACE '4 <%,' Grant Deed ~. ~b c\4x I. R. s. $..,J...L.Q............. 398 4.50 THIS FORM FURNISHED BY TITLE: INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Fredric Ellsworth Ballou and Lulu Susemi.hJ.. Ballou, Husband and wife , does 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: Lot 20 in Block (3) of th Bandini Tract as per map recorded in book 55 pages 56 and 57 of maps in the office of the county recorder of said county. Subject To; 1. Second-halt of tases for 1951-1952. 2. C~venants, conditions, restrictions, reservations,rights, righ of way and easements of :becord. > Dated :.. _.Ii'EllJ~ty.J,~_k-1,25.g_....'n.....' ,~._,,~__1J..~ "'-,.~.,...,L~,,--,',.!J .~._._..n..__..Uu..__h._..Uh...u.U..__...h.h._..__h..h.___...n..n.............._.. ..................._.u......._u......_..........u.....u.w....._..d_____________.h__h_____ kQ'::~~t~=>A_j $. SPACE BELOW FOR RECORDER'S USE ONLY On "".."f~p;r.jJ~rY."J~_~;I"25g"..,,....._,...'..."n'.....'n'n_....' before me, the undersignfld, 8 Notary Public in DOCUMENT NO,~_.::.._~!1. and for said County and State, personally appeared __ . _ __... ...__...__.. . n_nnn ................_...._. ...__.......n..nn...........__. RECORDED A T RE~EST Of fl'!?d.r~,c; ,El.ls.w.9.r.th",Bal1.9,U,../f!,..11.1l1L_~."n.'..' nILE INSURANCE & mUST co. s.Us.eliJ.:llll...l3a.ll9.u..............,.........~.......,..............,..........._.... ...... .n....................___............................................................................, MAR 4: 1952 AT i A. M. ~c.: known. to me to be the person..S.. whos'e name...S.......are..... ~ subscribed to the. within instrument and 8cknowJedged that BDOK38391 PAGE134 ~ ....:!;.h,~.........._..,......executed tbe same, IN OFFICIAL RECORDS =\~ ~ WIT!'tltS.S my hand and official seal, County of Los Ang<<es, CalifImMa ~ p~ $ 7:.'1r Ill. 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Fee $ ,1",,<- 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 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. Priori~y, 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 S ~ OA.\ e'~ PRESIDENT Attest SECRETARY Jil p~~, Ie PC . . . . . . . 1012A 2-51 CLTA Standard Coverage Policy SCHEDULE A Amount $ 3750.00 Date March 4, 1952 at 8 a.m. Policy No. 3596579 INSURED CITY OF SANTA MONICA, a corporation. 1. The title to said land is, at the date hereof, vested in: C I 'I'Y OF SANTA MONICA, a corporation. 2. Description of land in the county of Los Angeles, state of California, title to which is insured by this policy: Lot 20 in block 3 of the Bandini Tract, in the citv of Santa Monica, ~ .. as per map recorded in book 55 pao;e 5") of Nisce11aneous Records, in the office of the county recorder of said county. . . . . . . . , 1012B 4-51 ellA Standard Cavo,ag& Policy SCHEDULE B This policy does not insure against loss hy 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 ~re 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; an:deasements, 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 coun ty and city taxes for the fiscal year 1952-1953, a lien not yet payable. 2. Second installment general !3,nd special coun tr and ci ty taxes for the fiscal year 1951-1952, (Code Area 788 Parcel No. 327 -17 -20) , amoun t $22.71. :-:.:' . . . . . . I 1012-C 6-50 STIPULATION S Cl T A Standard Coverage Policy Form Copyright 1950 1, SCOPE OF COVERAGE curred or ezpended by the Company J which may be otherwise. The liability of tbe Company under thia recoverahle by the insured in any litigation carried poliey .hall in no case e::ueed. in aU. the actual Iou This policy does not insure against, and the Company on by the Company on behalf of the inlured. The of the inlured and costs which tbe Company is obligated will not be liable fo~ loss or damage created by or word "knowledge" in this paragraph meaDS actual hereunder to pay, and in no case .ban luch total arising out of any of the following: (_> defects, liens. knowledge. and does Dot refer to conlllructive know]. liability exceed the amount of tbi. policy and said claims. encumbrances, or other matters which result in edge or notice which may be imputed to the insured costs. All payments under this policy shall reduce the no pecuniary 10SiiJ 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 indebtedness .ball 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 otber 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 statement in writing of any 1081 or damage for which demanded by any insured without producing this policy defects, liens, claims, encumbr1mces, or other matten it is claimed the Company is liable under this policy for indouement of such payment. existing at the date of this policy and known to the shall be furnished to the Company within sisty days insured claiming such loss or damage, eitber at the after such loss or damage shall have been ascertained. date of this policy or at the date such insured claim. No action or proceeding for the recovery of any such S. 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 the 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 insu red by .his policy, nor unlelS commenced within therein shown, and if such ownership vests in more at the date of tbis 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 .tatem.Dt. respective interests may appear, and thereafter any insured shall be equally available against any penon lose shall be payable to the other insured, and if more or corporation who shall become an in.ured hereunder 4. OPTION TO PAY, SETTLE , 01 COMPIOMISE than one, then to such insured ratably as their respec~ as successor of such Damed insured. CLAIMS tive interesh may appear. If there be no .uch in.ured The Company reserves the option to pay, seUle, or owner of indebtedness, any loss shall be payable to the insured, and if more than one, to such insured 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS compromiae for, or in the name of, the insured, any ratably as their respective intereets may appear. OR CLAIMS TO IE GIVEN IY THE INSURED claim h~sured against or to pay this policy in full at any time, and payment or tender of payment of the The Company at its own cost sball defend the inlured full amount of this policy, together with all accrued 9. DEFINITION OF TElMS in all litigation consisting of actions or proceedings costs which the Company il obligated hereunder to pay, Tbe following t_erml when used in this policy meaD: 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, includinl all obligations of the Company witb (a) "named insured": the penons. and corporations said land in satisfaction of any indebtedness, the respect to any litigation pending and subsequent coats named as insured in Scbedule A of this policy; (b) owner of which is insured by this policy, which litiga. thereof. .'the insured": such named insured together witb (1) tion hi founded upon a defect, lien, encumbrance, or each successor in ownership of any indebtedneM other matter insured against by this policy, and may 5, SUBROGATION UPON PAYMENT OR SEnLE- secured by any mortgage or deed of trust shown in Schedule B, the owner of which indebtedncu is pursue 8uch litigation to 6nal determination in the MENT named herein as an insured, (2) any luch owner or court of last resort. In case any such litigation shall become known to any insured, or in case knowledge Whenever the Company shall have settled a claim successor in ownership of any 8uch indebtedness who shall come to -any insured of any claim of title or under this policy, it 8ball be subrogated to and be acquires tbe land described in Schedule A or any interest which is adverse to the title as insured or entitled to all rights, securities, and remediee which part tbereof, by lawful means in satisfaction of said which might cause loss or damage for which tbe 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 tbis property in relpect to 8uch 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 doee not cover the Jos. an insurance contract or guarantee insuring or guar. in writing. If such notice shall not be given to the of tbe insured, the Company shall be subrogated to anteeing Hid 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 derivinl an estate or in any such litigation, or if such .insured shall bot, in which said payment bean to the amount of said Iou. interest in said land as an heir or devisee of a named writing, promptly notify the Company of any defect, In either event the insured ..han transfer, OJ" eause to insured or by rea80n of the dissolution, merger, or lien, encumbrance, or other matter insured against. or be transferred, to the Company such right., securities, consolidation of a corporate named in.ured ; (c) of any such advene claim which shall come to the and remedies, and shall permit the Company to use "land": the land dellcribed speci6cally 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 all liability of the involving luch rights, securities, or remedies. by law constitute real property; (d) Udate": the Company as to each insured having such knowledge exact day, .hour and minute speci6ed in the first line shall cease and terminate; provided, however, that 6. OPTION TO PAY INSUIED OWNEI OF IN- of Schedule A (unlesl the context clearly requires a failure to so notify the Company sball in no case prej~ DEBTEDNESS AND BECOME OWNEI OF SECURITY different meaning) ; (e) "taxing 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 cue any in which said land or some part thereof is situated that shall he actually prejudiced by such failure. The Com- 1088 i. claimed under thi. policy by an io.ured owner levies taxes or aMessmeots on real property. (f) pany shall ba".e the right to institute and prosecute of an indebtednes8 eecured 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 indebtedness of the the recording laws, impart constructive notice of mat~ in its opinion, may be necessary or desirable to mortg.gor or tru.tor under laid mortgage or deed of ten relating 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 eases 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. aDd 8uch insured 10. WRITTEN INDORSEMENT REQUIRED TO action or proceeding, the insured sball secure to it in shall at once assign and transfer to the Company, aaid CHANGE POLICY writing tbe right to 80 prosecute or defend sueh action mortgage or deed of tru8t and the indebtednese there. No provision or condition of this" policy can be waived or proceeding, and all appeals therein, and permit it by lecured, and such payment shall terminate all or changed except by writing indorsed bereon or at. to use, at its option, the na~e of the insured for sucb liability under this policy to luch in.ured. tached hereto signed by the President, a Vice Presi. purpose. Whenever requested by tbe Company 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. deuce, obtaining witnesses, prosecuting or defending INDOISEMENT OF PAYMENT ON POLICY such ac(jon or proceeding, to such extent and in such The Company will pay, in addition to any Iou insured 11. NOTICES, WHERE SENT manner as is deemed desirable by the Company, and against by this policy, all costs 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 stalement in writing required to be fumished the Com~ expense so incurred. The Company sball be subrogated insured, and in litigation carried on by the insured pany shall be addressei to it at the office which issued to aDd be entitled to an cos.. and allomeys' feee iD~ with the written autborization of the Company, but Dot lb;. policy. - . .. e . .. ~ . . \.. . . J~ ~. ~ ~; ~ Dr/NO/Nt Tfi'/lCT 8LOCI(,9 /{!3 t LtJTS'/TO/tJ8LOC'1(4 BOOK S.s; Pd. 56IJr RR. ---..- - THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS.