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(;oP11-1.911-10.l<< CAL.Jt'ORNIA LAND urlJl .U.S.OCIA MDARD FORJ J, -. .. ' " .
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^ . Policy No. 1164906
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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 mortgagi' 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 '<lis-
solution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding
----Two Thousand Six Hundred Fifty Dollars ($2650.00)----
which any insured shall sustain
by reason of title to the land described in Schedule A being vested, at the datc 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, hut 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 3rd day of May 1939 at 8: 30 A.M.
TITLE GUARANTEE AND TRUST COMPANY
B,ur~~p~
Attest // U/ _ p; ,~0t
. Assistant Sec~'( I
This Policy consists of 6 pages which are numbered at the end of each pag~ 1 j'
~. .3 :&.7
---
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Copy IA-3.39-ISM
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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:
An undivided one-half interest in those portions of
Lots 2 and 3 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 lie southerly
of the following described line:
Beginning at a point in the southwesterly line of
said Lot 2, which is north 440 19' 35" west thereon
1.98 feet from the most southerly corner of said last
mentioned lot, said point of beginning being a point
on a curve concave to the north having a radius of 337
feet, a radial line of said curve to said point of be-
ginning bearing south 130 42f 25" west; thenoe easterly
along said curve 47.23 feet to a pOint in the south-
easterly line of said Lot 3, which is northeasterly
Page No, 2 of Policy No, 1164906 ~..5 L-7
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thereon 27.72 feet from the most southerly corner of
said last mentioned lot.
An undivided one-half interest in the northeast-
erly 10 feet of that portion of the alley adjoining
the southwesterly lines of above mentioned Lots 2 and
3, which lies between the southwesterly prolongation
of the northwesterly line of said Lot 2 and the south-
westerly prolongation of the southeasterly line. of said
Lot 3.
Page No. 3 of Polioy No. 1154906 ~3~7
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Copy IB4.90-15M .
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SCHEDULE B
[A] The Company does not, by this policy, insure against loss by reason of:
1. Easements or liens which are not shown hy the public records (a) of the District Court of the Federal
District, (h) 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 not shown by those public records which impart con.
structive notice, hut which could be ascertained by an inspection of said land, or hy 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.
S, Acts or regulations of any governmental agency regulating the occupancy or use of said land or any
building 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 speoial taxes for the fisoal year
1939-40.
(2) Right of way over said lots for the existing
4 foot concrete storm sewer of the Southern Pacific Rail-
way Co., as the same is constructed across said premises,
as reserved by Southern Pacific Railway Co., in deed to
Edwin P. Benjamin, recorded Deoember 31, 1915 in Book 8207
Page 13 of Deeds, subject, however, to the provisions con-
tained in the agreement by and between the City of Santa
Monica, and Los Angeles-Santa Monica Beach Company, recorded
De cember 31, 1918 in Book 6779 Page 20 of Deeds.
(3 ) An easement for sewer purposes over and through
/
Page No. 4 of Policy No. 1164908 -:P!' .$' :z- 7
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said lots and other property, reclted in aforesaid agreement
of December 31, 1918, as having been granted by the Southern
Pacific Railway Company to the City of Santa Monica, by an
instrument (unrecorded) dated May 10, 1897, subject, however,
to the provisions of said agreement record.ed December 31,
1918 in Book 6779 Page 20 of Deeds.
( 4) Covenants, conditions and restrictions lmposed in
the deed from Carl A. Arnold, single, recorded January 23,
1924 in Book 2916 Page 133 of Offioial Reoords and similar
covenants imposed ln the deed from Melville B. Rapp, mar-
ried, reoorded July 2g, 1925 in Book 4451 Page 266 of Of-
ficial Records.
o 000 000
.
Page No. 5 of Policy No. 1164906 #.Jz.-7
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Copylc-t..39-10M . ' . .. 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 suhsequent not been issued. If the payment does not cover the loss of the
to the date hereof; (c) defects, liens, encumbrances, or other innured, 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 ~. The Company h~s the !ight and optiol?'
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 Insured. AND BECOME po ICY y an msure owner 0 an met.
Th C ' h 1 f th OWNER OF edness secured by mortgage or deed of
DEFENSE OF 2. e ompany at ItS own cost s a 1 de end e SECURITY trust to pay such insured the indebted.
. ACTIONS insured in all act!ons or proceedings against the ness' of the mortgagor or trustor under
Ins~red founde~ upon a ~efec~, hen, encumbrance, or o~<;r m.at. said mortgage or deed of trust, together with all costs which the
ter Insured ag~ms~ by.thIS polley, and may pursue such lItIgatIOn Company is obligated hereunder to pay, in which case the Com.
to ~nal determma~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~eedmg shall be b~gun, o~ m ca~e knowledge shall assign and transfer to the Company said mortgage or deed of
come. to any. Insured of any. clam~ of tItle or mterest adverse to trust and the indebtedness thereby secured, and such payment
the. tItle as msured, or whIch mIght calfse loss or. damage f~r shall terminate all liability under this policy to such insured.
whICh the Company shall or may be lIable by vutue 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 LIM T TION action or proceeding for the recovery of any
shall not, in writing, promptly notify the Company of any defect, OF ~~TION 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 wilhin 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, the of this policy and said costs, All payments under this 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,
incurred or expended by the Company, which may be recover. PAYMENT OF to any insured owner of indebtedn,ess secured by
able by the insured in any litigation carried on by the Company ~~:~R~~ !llortgage or d~ed. of trust, shown In Sche~ule B,
on behalf of the insured. The word "knowledge" in this para. ..m order of pnonty therem shown, and If such
graph means actual knowledge, and does not refer to constructive owner~hlp vests.In 1,>>ore than one, payment shall be made ratably
knowledge or notice which may be imputed to the insured by as theIr respectIve mterests m.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 msured ratably as thell 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
COMPROMISE h' d 1" d . "
CLAIMS t e m~ure ,.an~ c aIm Insure ,agamst or to ratably as their respective interests may appear.
pay thIS policy 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 accrned 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~~~NEgE 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 subsequent costs thereof, an Assistant Secretary of the Company.
Page No. 5 01 Policy No. 1154905 A 327
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1 GR1u~T DEED
2 In Consideration of ilO.OO ------ , recei9t of which is acknow-
8 ledged, HENRY I. LEA a'1cl GRACE JOEI, LEA.hu(1oand. ~.n(\ \vife
..----
4 whose permanent address is Santa Monica.1- Ca.lifornia,
.-
I) do___ hereby grant to THE CITY OF SANTA MONICA, a Municipal
81 Corporation in the County of Los AnGeles, ste,te of California,
I
7 i all that real property in said 01 ty of Santa Lionicfl" described as:
I
8 I Those portions of Lots 2 and 3 of the ~oss Tract,
I as shown on map recorded in Book 36, pages 64 and
I
\} i 65, of Uaps, records of said county, which lie
10 I ~ jl~ southerly of the following described line:
Beginnins at a point in the southwesterly line
of s8j,d Lot 2 which is North 44019135" West thereon
11 i (!J 1.9S feet from the most southerly corner of said
. I' i:'i
~ ~ last mentioned lotj said point of beginning being
12 rl 10 a point on a curve concave to the north having a
radius of 337 feet, a rea,lal line of said curve to
18 said point of beginning bee,ring South 1~0421251l
West; thence easterly along said curve 7.23 feet
14 to a point in the southeasterly line of said Lot 3
which is northeasterly thereon 27.72 feet from the
16 most southerly corner of saHI last mentioned lot.
16 Also the northeasterly 10 feet of that portion
17 of the alley Ho.jacent to the southwesterly lines of
above mentioned Lots 2 and 3, which lies between the
18 southwesterly prolongation of the northwesterly line
of said Lot 2 and the southwesterly prolongation of
19 the southeasterly line of said Lot 3.
20 The uno.ersigned do also hereby gra.nt to said City of
Santa Monica an easement &.nct right of way for, ancl the rlght to
21 place and maint8in, an earth fill in, upon, and across those
portions of above mentioned Lots 2 and 3 within the fo11o~ing
22 described boundaries:
23 Beginning at the most westerly corner of said Lot 2;
thence northeasterly along the northwesterly line of
24 said lot a distance of 7 feet; thence easterly in a
direct line to a point in the southeasterly line of
25 said lot which is southwesterly thereon 55 feet fro3
the most eRster1y corner of said lot; thence south;;.
26 """""~=.easterly in a direct line to a point in the 6outheast-
27 I erly line of said lot 3 which is southwesterly thereon
40 feet from the most easterly corner of said last
mentioned lotj thence southwesterly alone said last
28 mentioned southeasterly line 32.2S feet to the most
easterly corner of the first above described parcel
29 of land; thence westerly along the northerly line of
30 I said parcel to the south'Nester1y line of SG.id. L'Ot 2;
thence northw~ster1y in a direct line to the point
of beginning.
31 I
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1
:e ::'il':' the undersigned do also hereby grant to said City of
j"nta iJ.on1..ca an easement and right of way for, and th, right to
II .:".:,n",trLlct, me.intein, a.nd use, a storm drain and appuI1ienant
st~lct~res in and across that portion of above mentiohed Lot 2,
4 ?'lthln the fe,llowing described boundaries;
Ii B?ginnlng at the most westerly corner of s~id
Lot 2; thence ~outh 44019135" East along t~e
6 southwesterly line of $aid lot a distance pf
g.33 feet; thence No:J:'th 10042'00" East 30.~2
7 feet; thencalfA)r'liAS705l 5511 West 2l.g9 fa"t;
thence South 70.42100. West l3.g7 feet to the
8 point of beginning.
9 Together with the right to enter upon and ~o pass
Fr~r'j. r<>:]?<uH' oyer B.nd along above described easements afl.ii rights
10 ~f way. ana t~ deposit tOA)ls, implements, and other ~terials
thereon, by said City of s.nta Monica, its off1cers, ~ents,
11 p.nd employees, and by any o~ntractor, his agents, and) employees,
~n~aged by 5s.1d Ctty, whenever and wherever necessary for the
12 pU~p~sP &b~ve set forth.
18
14 J:. WITNESS WHEREOF, ,;e have hereunto Bet our hands
this 1.2~ dn.y of ~ ' 1939. !
15
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16
17
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18
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20 I
STATE OF CALIFORNIA. }
lIS.
County of Los Angeles
31 I I
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HLJ'iRY I.
"~VIFE .
Those portions of ,Lots 2 'and. 3 of the. Aoss 'l'ract,
as shown on map recorded in Book 36, pa~es 64 and
65, of Maps, records of said county, which lie
southerly of the following/described line:
BeginninG at a point in the southwesterly line
of said Lot 2 which is North 440 19' 35u Nest there-
on logS feet from the most southerly corner of said
last mentioned lot; said point of beginning being
a. point on a curve concave to the north having a
radius of 337 feet, a radial line of sRid curve to
said point of beginning bearing South 130 42' 2Sn.
West; the.nce easterly along said c'llrve 47.23 feet to
a point in the southeasterly line of said Lot 3 which
is northeasterly thereon 27.72 'feet from the most
southerly corner of sa:Ld last mentioned lot.
Also the northeasterly 10 feet of that portion of
the alley adjacent to the southwesterly lines of above
mentioned Lots 2 and 3, \mich li:.::s between the south-
westerly prolongation 01 the northwesterly line of
said Lot 2 and the southwesterly prolongation of the
southeasterly line of said Lot 3,
and also granting to the City of SaYlta kionica an easement and right
of way for, and the right to place and ms.intain, an earth fill in,
upon, and across those portions of the above-r:1entioned Lots 2 and 3
within the following descri2ed bou11(801'1es:
Beginning at t1:e most \"!esterly corner of said Lot
'2; thence northeasterly alone the northwesterly line
of said lot a di8tance of 7 feet; thence easterly in
a direct line to a point in .the southeasterly line
of said lot which is southwesterly thereon 55 feet
from the most easterly corner of said lot; thence
southeasterly in a direct line to a point in the south-
easterly line of said lot 3 which is southwesterly
thereon 40 feet from the most easterly corner of sfdd
last mentioned lot; thence southwesterly along said
last mentioned southeasterly line 32.28 feet to the
most easterly corner of the first ar:,ove described par-
cel of land; thence westerly alone; the northerly line
of said parcel to the southwesterly line of said Lot
2; thence northwesterly in a direct line to the point
of beginning,
to the City of Santa ;Vionica, a municipal corpor8tion, an
easement and right of way for, and the right to construct, maintain,
and use, a storm drain and appurtenant structures in and across that
portion ofa.:>Qve-mentioned Lot 2, within the following described
. bourtdarie a : .
I
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Beginning a.t the most westerly cornel" of said
Lot 2; the:t:ice South 440 :(.9' 3511 :Gast along the
southwesterly line of said lot a distance of
8.83 feet; thence Nor"th 700 42' 00" Bast 30.52
. . feet; thence .North 87051' 55" West 21.89 feet;
thence South 700 42' 00" Nest 13.87 feet to the
point of beginning,
,..-, '<:.'
.. That the Commissioner of Public Safety, as ex-officio
Mayor, and the Commissioner of FUI)lic lforks, be, and they hereby
are, authorized and instructed to execute the annexed Acceptm ce
of Deed, end the Commissioner of Finance, as ex-officio City Clerk
of the City of Santa Monica, be, and he hereby is, authorized and
instructed to attest the same and affix the seal of the City of
Sa."'1ta Monica. thereto. ..
.(i1ay or ,
this ~5th by the following
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and sworn to before
da.y of April, 1939.
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Deed is 1;tereby accepted this 25th da~! of , I
EITY OF' SAnTA :MONICA' a municipal ,.
~
. Commis s ioner of Publ ie Safety, ex-
officio :i~ayor of the Cit~r of Santa
r:;onica.. .I.
1IfYf?7~
Commissioner of Public Works of the
City of Santa liTonica.
this
On this ;S day of April, 1939, before me, the under-
signed, allotery Public in and for the County of Los Angeles, state
.of California, 'residing therein, duly commissioned and sworn, per-
sonally appeared E. S. GILLErTE, known to me to be the Conmissloner
of .Fublic Safety, e:x-officio~;;ayor of the City of Santa lilonica,a
. niunicipal corpOl~ation, and W. W. ~HLLlKEN' knovrn to me to be the Com-
missioner: of Public Works of said Qity, whose names are subscribed
to the foregoing Acceptance of Deed., and they acknowledged to me that
they ,executed the same. on behalf of said City 01' Santa Monice, pur-
suant toa rlesolution duly adopted by the CityCduncil of said City,
.and onsald 25~h day of Apr 11 . , 1939, personally appeared be-
fore me, .T. D. PLmlER, known to me to be the COIlL'uissione.r of' Finance,
ex-offic1aCity Clerk and ex-officto Clerk .of the City Council of
the'City .of Santa Monica, and he acknowledged to me toot he attested
1'3aid Acceptm ce of Deed and affixed the seal of the City of Santa
Monica thereto.
WEEHEOF, Ihnye hereunto set my hand and affixed.
day and ye~r farst he~einabo\e written.
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