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P-338 J OPI . - CIAT1()N ST~ORM .1938 - - .' " . . . . , Policy No.1162703-A TIThE 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 .. .rJI~~IID . JAr; 10 1939 D CITY OF SANTA MONICA. Offfce of Commissioner of Rnance Ex~io City Clerk 01 Sal/ta Monica JJI11It 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 insuredt 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 landt as an heir or devisee of a named insured, or by reason of the dig- solutiont merger, or consolidation of a corporate named insuredt against loss or damage not exceeding ----Six Hundred Dollars ($600.00)---- 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 . ~y 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 redson 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 subjectt }lowevert to Schedules A and B and the stipulations hereint all of which schedules and stipula. ,tions are hereby made a part of this policy. / In Witnes, Whereof, Title Guarantee and Trust Company has caused its "rporate name and aeaJ to be hereunto affixed by its duly authorized officerst this 5th day of January 1940 at 8: 30 A.M. ./' TITLE GUARANTEE AND TRUST COMPANY Byar 7;?7~ President. -~ //~(J, /? / Au... /v . .... ~ Assistant Secretary, This Policy consists of 6 pages which are numbered at the end of each page. l"t>c. e tL .33 ~ . . 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 5 in Block 1 of South Santa Monica.~ in the City of Santa Monica, County of Los Angeles, State of California, as per map reoorded in Book 3 Pages 86 and 87 of Miscellaneous Reoords of said County, described as follows, lying within a strip 100 feet wide, the center ~~ line of which is described as follows: Beginning at a point in the center line of Bay Street, as shown on said map, which is northeasterly thereon, 194.32 feet from the oenter line of Ocean Avenue (formerly Promenade) as shown on said map; thence northerly in a direct line to a point in the southeasterly prOlongation of the oenter line of Ooean Avenue, as sho~~ on map of Tract No. 1347. recorded in Book 18 Page 89 of Maps, in the office of the County Re- corder, said last mentioned point being distant southeasterly along said prolongation, 29'.94 feet from the center line of Pico Boulevard (formerly Fremont Avenue) as shown on said Pa~e No. 2 of Policy No. l162?03-A ,# .s3 " I e ~ T . - last mentioned map; ALSO that portion of said Lot 5 in Block 1, lying within the following described boundaries: Beginning at the intersection of the southeasterly line of said lot, with the westerly line of the above described 100 foot strip of land; thence southwesterly along said southeasterly line, 8.34 feet; thence northerly in a direct line to a point in said westerly line, distant northerly thereon 8.34 feet from the said southeasterly line of Lot 5; thence southerly in a direct line to the point of beginning. Page No. 3 of Policy No. l162703-A #n~ . Couy lB-9.3!1-15M e ... . . SCHEDULE B [A] The Company does not, by this policYt 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 not shown by those public records which impart con- structive notice, but which could be ascertained hy 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. 5. Any governmental acts or regulations restricting, regulating or prohibiting 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 prioritYt and defects and other matters to which said title is subject: (1) General and special County and City taxes on all of Lots 4 and 5 in Block 1 for the fiscal year 1939-~O. Assessment 5413?6. Amount $535.15 and penalties, including personal property tax of Cameron D. Thom, $1.39. Included are levies for Santa Monica Municipal Improve- ment District No. 1, created tor City Park. (2 ) An aotion commenced on November 9, 1939, and now pending in the Superior Court of said County, Case No. 448422 entitled "The People of the State of California vs Cameron DeHart Thom, et al", wherein it is sought to oondemn this and other land for highway purposes, in whioh action an order of ~ediate possession was filed on November 9, 1939. Pa~e No. 4 of Policy No. 11?2503-A 7t..g K e " . . . Notice of the pendency of said action was recorded November 9. 1939, in Book 17027 Page 114 of Official Re- cords. 0000000000000 Page No. 5 of Policy No. 1162703-A ~.:Y8' COP: lC-!l.3!1-10M 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 llnd 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 inoured, 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 right and option, be equally available against any person or corporation who shall INSURED OWNER in case any loss is claimed under this become an insured hereunder as successor of such named insured. OF A~~:~g:;:ss policy by an insured owner of an indebt- . edness secured by mortgage or deed of D':~:'~~~F ? The <;:ompany !It Its own cost ~all def~nd the c:.~~~:I~: trust, to pay such insured the indebted- . 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 ~at- said mortgage or deed of trust, together with all costs which the ter msured ag~ms~ bY,thls polIcy, and may pursue such litIgatIOn Company is obligated hereunder to pay, in which case the Com- to ~nal determma~on 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~ In ca~e knowledge shall assign and transfer to the Company said mortgage or deed of come. to any. msured of any, clam~ of tItle or mterest adverile to trust and the indebtedness thereby secured, and such payment the. title as Insured, or whIch mIght ca1!se loss or. damage fl?r 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 action or proceeding for the recovery of any shall not, in writing, promptly notify the Company of any defect, ~:~~llg:: 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, OP 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 indebtedness secured by able by the insured in any litigation ca:ried on by the Company ~~:~R~~ ~ortgage or d~ed. of trust. shown in Sche1ule B, on behalf of the insured. The word "knowledge" in this para- ..m order of prIOrIty therem shown, and If such graph means actual knowledge, and does not refer to constructive owner~hlp vests.m I.Dore than one, payment sh!'\ll be made ratably knowledge or notice which may be imputed to the insured by as theIr respectIve Interests ~ay appear, a1,1d thereafter, any loss reason of any public record or otherwise. shall be payable to the other 11,1sured, a~d I~ more than one, then . to such Illsured ratably as their respective Interests 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 In the name of, be payable to the insured and if more than one to such insured cO~~:~~ISE the in~ured,. any: claim insured, against or to ratably as their respectiv~ interests may appear: pay thIS polIcy III 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~~~RN~E 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. 6 olPolicyNo, 1162?03-A #,:?.s ~ " . . . . e . ~ J . . I .sOUTH ..5ANTA 1101Y/CA BLOCKS / AND 2 BOOK .3 PAGE5 86" 87 OF /'1/5C. RECORD.5 > / \ ^' THIS is ~jOT '" SU,r/EY OF THE L..AND BUT IS COMPIL..ED FOR INFORMATION ONL..Y FROM DATA SHOWN BY OFFICiAL.. RECORD5 #33$ -" <( Z 0:: 0 lL. :J <( u ~ >- <!) ~ z rJJ. ~ ~ 0 ~ ~ ~ -' I ::J I- loo\ ~ ~ rJJ lD lL. ~ ~ ., - ~ ~ ~ Q: w lL. ~ " ......, W ~ ~ - l- I- z ~ Z .. 0 =: 0( < <tl ~ a: -' c 0( -' '" E- ~ ~ 0 ::J - r/). :IE <!l I W 0 .. 0 -' ... I- ~ C ~ If) uJ ....J UJ <!) Z <II: If) 0 -' . . . _w -._ : .. - . .. ,,l~:'t J'. .. . " . . RESOLUTION NO. 2424 RESOLUTION ACCEPTING GRANT DEEP FROM CAMERON DE HA..'1T THOM, ALSO KNOWN AS CAiVIERON D. THOM,ALSO KNOWN AS CAMERON DE <H. THOM, , AND SUSIE LIVINGSTON ';l1I:IQM, HIS WIFE. THE CI'I'Y'COUNCIL OF', THE CITY OF SANTA MONICA HEREBY RESOLVES: That the annexed Grant Deed from Cameron De Hart Thom, also known a.s Cameron D. Thorn, also known as Cameron De H. Thom, and Susie Livingston Thorn, his wife, of that certain real prop- erty in, the Oi ty of Santa Monica, County of Los Angeles, State of Caltfornia, described as: That portion of Lot 5, Block 1, South Santa Monica, afl>Shown on map recorded in Book 3, pages 86. and 87, of Mi;JcellaneousRecoro.sof the County of Los Angeles, within a .strip of land 100 feet wide lying 50 feet on each side of the following described center line: Beginning at a point in the center line of Bay Street as shown OIl said map, which 1s northeasterly thereon 194.32 feet from the center line ~f Ocean Avenue (formerly Promen- ade) as shown on said map ;.thence northerly in a direct line t9 a point in the southeasterly prolongation of the center line of Ocean Avenue as shown on map of Tract No. 1347, re- corded in Book 18, page 89,.. of Maps, records of said county, saldlast mentioned point being southeasterly,aJ.ong said prolon.gation29. .94 feet from the center line of Pico Boule- vard (formerly Fremont Avenue) as shown on said last men- t ion ed~ap. Also that portion of said Lot 5 within the following described boudaries: Eegil'lning at the intersection of the southeasterly line of saldlot with the westerly line of above described 100 footstt'ip of land; thence southwesterly along said southeasterlyl;i.ne 8.34 feet; thence northerly in a direct line to a poitit ,in said westerly line which is nortbel'ly thereon 8.34 feet-.from said southeasterly ,line; them~e s.outherly in a direct line to the point ,of beginning, be andtnesaIlle is, nerebyaccapted. IT I:~FUHTHER RESQLVED:That the CommissiOner of Public Safety~e:x.-officio Mayor, be, ap.d he hereby is, authorized and instructed, to execute the anni;lxed Acceptance of Deedt and the Com- misSiorier0fPublic Works, be,. and he hereby is, authorized and instructed to attest the same and affix the seal of the City of, Santa. Monica thereto. Thgt the. Commlssio.ner ofPublic.>Safety,ex-Offido Mayor of the City of Santa Monica, be, 'and 'b.e hereby is , ,authorized and instructed to certify to the adoption of this resolution, and the Commissioner of Public Works, be, and he hereby is, authorized and instrUcted to attest the same. ADOPTED this 6th day of Decembel', 1939, by the follow~ng "otet AlES; MHl1ken ~,.G1l1 ette ~ . NOES: None ABSENT: None '~1.. one. 0 ~~ Safety,ex- officio Mayor of the City of Santa Monica. /> .# 33~ .c." " . - ... . . . . . ,. ATTES;; ,/ "', ,,' , . /.. ~..., CO SS oner 0 c Works 0; the City of S~ta Monica. Approved as to form this If day of December, 1939. I ;# 3.3 ~ ~~~-- '< ~.. - .. . '-"f I I STA'rEOF' CALIFORNIA, ) >. '..'. .'. .. > '.'.,..,.. ,. .' ($S. COUNTY OF LOSANC-lEL;l.tS. ) I, R.A.. KRUEGER, hereby certify that I am the Deputy City ofS,anta Moni(:aj that the foregoing is a ,true and correct copy of that certain resolution adopted by the City Council of the City of' Santa Monica at a. regular meet- Council held December 6th , 1939. ~ ,~ and sworn to before me day of Decemper, 1939. Mj (;Glmlll~sion Expiies AUi. 2\), 1\l4ll -~- I ~-~ J .. ., .. " -: ACCEPTANCE OF DEED :- The arme.:ied Deed Is nereby accepted tnls6th day of lJecember, 1939. CITY OF SANTA MONICA, a municipal corporation, ~~liC Sarety,ex- officio Mayor of tne City of Santa Monica. .. ATTEST I': . '/ .'.."...' , '...' ....."...~) h,,~'/~-"'1""''''} ''r, iP,' , '///, h, "."',,,.., ' " '"",..,,' /:<',.1 .... _ - - .:' '.'. ....' - ":" Gomm 8s1onerof Public WQrksO,fthe GUy of Santa Monica. Approved as to form this .../ daY of Dece ier, 1939. STATi'E "OF CALIFORNIA, ) GOUN,TYOF LOS ANGELES,. )SS. On this 7th day of December, 1939, before me, the un- dersigned, a notary public in and for the County of Los Angeles, State of palifor!!iat residing therein, duly commissioned and sworn, 1"', ',"'Q'.J'.' p,e",r, s, "on a, l"lY, a p. p"ea,r ed 'E. S.'G IL"",L.ET..,TE, 1m own to, me to be comm, iasionar L.' I of.PublicSafety, ex-officio Mayor of the City of Santa Monica, a municipal corporation, whose name is subscribed to the foregoing Acceptance of Deedt and ne.acknowledged to me that he executed the s8.D1eon behalf of,said City of Santa Monica, pursuant to a Resolu- tiopduly adopted by the City CO~Cil of said City, and on said 7i;h daygf December, 1939, .personall-y- !l.ppea:redbefol'e me, W. W. MItLIKRN"known to me to be the Commissioner of Public Works of theCit}"ofSanta Monica, and he acknowledged to me that he attested said Acc13ptanceof Deed and affixed the seal of the City of Santa Monica t:l:lereto. I;N WITNESS WHSREOF, Ihave hereunto set my hand and af- tixedmyofficial seal the day and yea:rfirst hereinabove written. -~ ~33Y i~ STA TE OF CALIFORNIA, } ss. Connty of Los Angeles , On thiL__ ' . , day of .in the year one thousand ,"",,,. nine hundred and ~,. ~', -'? ,~.;-;)+ '-, ,- --, before me, L. E. LAAfPTON, County Clerk, " . "'~"'."- and ('x-officio Clerk of the Superior COllrt in and for said County, personallj' appeared ,... ;".~ .~ .... ~ "~'l ?'T; -. <l;" , known to me to be the same person whose Ilame is oll:. - "'....'"'0'-;..,' subscribed to the within instl.ument as a witness thereto, who being by me duly sworn, deposed and sqid that he resides in Los Angeles County, State of California, that he was present and saw ;:-,/:-,:.l"~:~~:-:(::1~. 7):~ :Il~rtj'; ':'!:C:!~: ~ll:d, ;3U 2;:_~2 I.!~r!I.:G<3T()I\! ~rI.I C/S:!i >> :"1 i :c:.~' 1 V i f !.~.:~ j ----- -------.- --_..__._-._~,-- -.--.--- , personally known to h -:,.;. to be the same person-E_wllOse llamef', r,.,.."" subscribed to the within and annexed instrument, execute and deliver the c1S""~ same, and t, he":;':-acknowledged to said affiant that~heY-execllted the same, and that said affiant subscribed '1, ~ . V ,h~na1J/e thereto as a WItness. )11 iIIUtttSB iII~rrrDf. 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