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P-364 '. \.v"-., . -. - . :.... - 1 " . <. . . . ..,.'. . ..," ~ . RESOLUTION NO. 2870 RESOLUTION ACCEPTING GRI'Jl'f DEED E'BO:'; ROBERT FABER AND LILLIAN FABER, HIS WIFE. THE: CITY COmWIL OF THE CITY OF SANf1'1l tONICA HEREBY RESOLVES: That the annexed Grant Deed. frolTI Robert Iraber and Lillian Faber, his wife, grantin[; to the City of Santa L;ort:1.ca that certain real property in the City of Santa ironica, County of Los Angeles, state of California, described aa follows, to-wit: That portion of Lot 34 as delineated on. a map entitled: "Map of Santa :.ionica-Sawtelle Tract, U and thereon. marked with the na..')1e of "Elena 1: . Dear,!' said map being the map filed as Exhibit "B" in connection with the Referee's Report in Action No. B-25296 of' the Superior Court o;G Los ,~ngeles County entitled: t1Ysidora Gouts Fuller va. Cave J. Couts, et 801.," and attached to final Decree of Partition in said aotion, a certified coP:? of' which decree 1s recorded in Book 6387, Page I, at sech, of Deeds, in the office of the County Recorder of said County, described as follows: Be~lnning at a po~nt in the Southeast line of the first twenty .20) foot alley Northw~sterly from Pico Boulevard as said alley is shown on Tract 7993, as per map recorded in Book 98, Pages 90 and 91 of Maps, in the office of the Recorder of said County, distant Northeasterly along said Southeast lIne one hundred twenty-three (123) feet from the Northeast line of stewa.rt Street. as shown on said tr<',ct; thence Southeasterly parallel with stewe.rt Street three hundred (300) feet; thence l:ortheasterly parallel wi th said alley 27.05 feet; thence. Northwesterly parallel with stewart Street three hundred (300) feet to said alley line; thence Southwesterly along saId alley line 27.05 feet. to the point of beginning; as an easement i'or alley purposes, be. and the same is, hereby accepted. I'l' IS FURTHER l-1ESOLVED: That the Oommissioner of Public Safety, ex-officio Mayor, be, >and he hereby i.s,authorized and instructed to execute the annexed ;'.cceptance of Grant Deed, and that theCommi3sioner of Finance be, and he here'by t8, authorized and instructed to attest the same and s.fflx the seal of the City of Santa MonIca thereto. . That the Gomm1.ssioner of Public Safety, ex-officio Mayor , of the 01 tj' of Santa Monica, be, and he hereby is,autho!'izec and instru.cted to certify to theadopt,1on of this Resolution, and the Commissioner of Finance, ex-officio City Clerk, ex-officio Clerk of' the, City Council, be. and he hereby Is, authorized and instructed to attest the same.. ADOPTED this 26th day of ;,;arch, 1941, by the following vote: AYES: Freeman. Crawford NQES; Non e ABSENT: M illi ken " . II-l/J" - .~. .-.... ...... . .- '" . ..." -. ~ ATrrEST: . corom~, ex-ofHc1o City Clerk., ex-officio Clerk of the City Council of the City of Santa ]/onlca. Approved as to forrathis ..2h day of March 26 th, 1941. STATE OF CALIFORNIA, ) ) ss. COUNTY OF LOS ANGELES ) I, D. C. FHEEl~lM1, hereby certify that lam the Com- missioner of F'inance, ex-officio City Clerk, ex..officlo Clerk of the City.Cbuncll of the City of Sa..."1ta fi.onica.; tha.t the foregoing is 'e, full, true and correct copy of that certain resolution Ii3.dopted by the City Council of the C1 ty of Santa If:onica at a regular meet- ing. of said Couneil held Ma;rch26th ,1941. ~H_._. . " ""'.. .-., Subscribed and sworn to before me this' 26th day of [~arch, 1941. , e ...-".,,,, ~ . .~ . ~ .' . :.. ~1IlllP ...: ACCEPl'AI'lGK CHI' GHAN1' DEED :- The snnexe:d Groot Deed is hereby accepted this 26 th day of March, 1941- }.'I'TEST: co~, ex-off1c1o City Clerk, ex-officio Clerk of the City COUJH::.H of the City of Santa Monica. Approved as to form this ,1~ day of March, 1941. ~ STATE OF CALIF1OIDUA, ) ) ss. COUNTY OF LOS MfGELES ) On this 26th day-Of March, 1941, before me, the under- signed, So Notary Public in and for the County of Los Angeles, State of California, residing therein, duly commissioned and sworn, per- sonallyappea.red C.C. CRAWFORD, known to me to be Commissioner of Public Safety, .ex,,:,officio Mayor of the City of Santa Monica, a municipal corporation, whose name is subscribed to the foregoing Acceptance of Grant Deed, and he acknowledged to me that he executed the same on behalf of saldCityof Santa Monica, pursuant to a Re- solution duly adopted by the City C01mc11 of said City, and on said 26th day of Io!arch, 1941, personally appeared before me, Do c. FREEMM~, known to me .to be the Commissioner of Hinance of the City of,Sa.n.tai.lonica, and he acknowledged to me that he attested said Aoceptance of Grant Deed and affb:ed the seal of the City of Sa..."1.ta Monica thereto. .. .1N WITnESS WHEREOF, I have hereunto set my hand and af- fixed my official seal the day and year hereinabove written. . - 4It . "'~ ., - . ,- . . . _.~ - . I I IB CQIf.g1DERATION of (tlO.OO) Ten_...___......___........-.--..Dollar. ....ceipt lit which hhereby aoknowledged. I ~ Rtbert Fa.ber of Los Angeles. California I DouHer.;b7 Grant to CITY OF SANTA lfONICA, LOIJ ANGELESCOU!T ty. .............. I CALI.fORJI1). , all t:hat.Rea.l Propert7 situated 1ntheCI TY OF. SAliU "OHI CA Bounty 01'1.08 ANGELES, st!lte ot California, described as follow., T:hs,tportion of Lot ~4 as delineated on a map entitled ...p of .$an ta :Vonica...Sawtelle.Tract and thereon mar.ked w1 th the nameot "Elena I. Dear".. Said map being the map tiled a8 Exhi;bl t "B"inconnection wit h the Reteree' 8 Report in ActionN'o.. B..25296 of the Superior Court ot LoS Angeles O()untyentitled Ysido.ra Couts Fuller...s. Cave J. Couts, et al, an.dat'tached to tinal Deereeot Partition in said ac't;ion, a certified copy Of which decree is reoorded in Book 6,87 p.age 1. et aeq.. of. Deeds in the office of the County Reoorder of.e.1dCounty. described as followlJ ,_ginning at a point 1n. the southeast line of the tirst 20 feet alleT.tl.Orthw..hrly from Pico Boulevard u said alley is shown on Tract 1993 &IS per map recorded in Book 96 pages 90 and 91 of lIapsl~ the orne e of the recorder of said County distant north- ~a8t.rly along said soutneast line 123 feet from the northeast ltne ot'lttewart .streetas shown on said tract; thence south- u.8terlyparall 8111"1 th stewart Street 300 teet thence nOl"th- e4ster.:l.Y paralle.lwl'th salddley 27.05 teet; thencenorthlfesterlY ~ w1ta St.wart Street 300 feet to niel aHey line thence .o_.thlf~aterlT along said alley line 27.05 teet to the point of \)eg*nn1nc; as an easement for alley purposes. SEAL: lIITllESS__._Z HAND THISI5t>h DAY' OF ...nh. 1941 . (Signed) ROBERT FABER (signed) LILLIAN FABER STArE OF CALIFORJIA, ) ) )u. COUJ''1'YOF LOS ANGELES) .' Onthh 1 Tth day of :Varch in t he year one thousand nine hunQred FORTY-6NE, before_e. :VAURl!:EN T,!.NBEBILl..aKltot8.1"Y Public in and tor sdd County and State, personaHy appeared I.PBlC.R'1'. FABER .AN D L ILL IAIl FABER. his wite-..... .u............ --. _u.._ /knt>wJ1t().. to be the persons described in.nd whose nam8.S an a.ub.crlbed to the within instrument.. 'and acknowledged that t!t~y executed th.e same. Wlt)lESS.T hand and official. ..al the daT and year in tail .c.erttt.toate tirst above wr1 tten. :VA URBE. TAliliEBILL Jl'u'bUciJ1andtor theCClunty State otCalitornia. done Expires J&%l,.i,15. 194k. CC OFI Standard Copy 1 l:ALIFORNIA LAND n.:'LE ASSOCIATION STANDARD FORM. 8-4l-20M . CoPyrillht 193Jl . - . ~ . I I . , Policy No. 1269257 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 --Two Hundred Fifty Dollars ($250.00)-- 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 bl reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarket- a ility 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 14th day of November 1941 at 8:30 A.M. TITLE GUARANTEE AND TRUST COMPANY BrL . . President. Assistant Secretary. -71fi. J~ This Policy consists of 6 pages, which are numbered at the end of each page. 1 Copy lA-8.41-20M e . Sta...Jard , . . 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: All that real property situated in the City of Santa Monica, County of Los Angeles, State of California, described as follows: That portion of Lot 34 as delineated on a map entitled Map of Santa Monica-Sawtelle Tract, and thereon marked with the name of "Elena I. Dear" said map being the map filed as Exhibit "B" in connection with the Referee's Report in Action No. B-25296 of the Superior Court of Los Angeles County, entitled "Ysidora Couts Fuller vs Cave J. Couts, et al" and attached to final decree of partition in said action, a certified copy of which decree is recorded in Book 6387 Page 1 et seq of Deeds, described as follows: Beginning at a point in the southeast line of the first 20 foot alley northwesterly from Pico Boulevard as said alley is shown on Tract 7993, as per map recorded in Book 98 Pages 90 and 91 of Maps, distant northeasterly along said southeast line 123 feet from the northeast line of Stewart Street, as shown on said tract; thence southeasterly parallel with stewart Street 300 feet; thence northeasterly parallel Page No. n of Policy No. 1269257 #.JJ.Y' ~ . with said alley 27.05 feet; thence northwesterly parallel with Stewart Street 300 feet to said alley line; thence southwesterly along said alley line 27.05 feet to the point of beginning. Page No. 3 of Policy No. 1269257 ~.J(~ e . Copy IB-8.41-20M , Staudard . . . . 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 not 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. 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 priority, and defects and other matters to which said title is subject: (1) General and special taxes for the fiscal year 1941-42. (2) Right to construct, use, maintain, alter, add to, repair, replace and/or remove an electric line consisting of poles, necessary guys and anchors, cross-arms, wires and other fixtures for conveying electric energy, all poles shall be erected and maintained within 1 foot of the following described line: Beginning at an existing Southern California Edison Company, Ltd., pole No. 606522-E, located in the south- easterly side of the alley now established along the northwesterly line of said property herein described, which pole is northeasterly approxi- mately 150 feet from the intersection of the southeasterly line of said alley with the northerly line of Stewart Street, as now established along the southwesterly line of said Lot 34; thence from said existing pole southeasterly Page No. of Policy No. 1269257 .. 3'- ~ 4 e .. . . . .. . , along the center line of an existing pole line of the Southern California Edison Company, Ltd., said center line being approximately parallel with said northeasterly line of Stewart Street, a distance of 280 feet, more or less, to the southeasterly terminus of said existing pole line, as granted to Southern California Edison Company, Ltd., a corporation, by deed re- corded September 10, 1941 in Book 18674 Page 393 of Official Records. (3) The right to construct, use,maintain, alter, add to, repair, replace, and/or remove an electric line consisting of poles, necessary guys and anchors, cross-arms, wires and other fixtures and appliances for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, all poles shall be erected and maintained within 1 foot of the following described line: Beginning at a point in northeasterly line of Lot 34, which point is 144.66 feet northwesterly, measured along said north- easterly line from northwesterly line of Pico Boulevard, as now established along the southeasterly line of said Lot 34; thence southwesterly parallel with said northwesterly line of Pico BouleVard to a point in northeasterly line of Stewart Street, as now established along the southwesterly line of said property conveyed to Robert Faber, as conveyed to Southern California Edison Company, Ltd., a corporation, by deed recorded November 6, 1941. 00000 Page No. 5 of Policy No. 1269257 e .. Copy IC--6.41-20M Standard . ~ , - . .. STIPULATIONS SCOPE 1, This policy does not insure against, and the SUBROGATION 4. Whenever the Company shall have settled COV~~GE Company will not be liable for loss or damage ~:os~';~~~i~~ a claim under this policy, it shall be subro. created by or arising out of any of the following: 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 (d) defects, liens, encumbrances, or other matters to the amount of said loss. In either event the insured shall existing at the date of this policy and known to the insured transfer, or cause to be transferred, to the Company such rights, claiming such loss or damage, either at the date of this policy securities, and remedies, and shall permit the Company to use or at the date such insured claimant acquired an estate or interest the name of the insured in any transaction or litigation involving insured by this policy, unless such defect, lien, claim, encum- such rights, secUlities, or remedies, brance, or other matter shall have been disclosed to the Company in writing prior to the issuance of this policy. Any rights or OPTION TO PAY 5, The Company has the right and option, defenses of the Company against a named insured shall be INSURED OWNER in case any loss is claimed under this equally available against any person or corporation who shall be. OF INDEBTEDNESS r b . d f' come an insUled hereunder as successor of such named insured. AND BECOME po ICY y an Insure owner 0 an Indebt- OWNER OF edness secured by mortgage or deed of DEFENSE OF' 2. The Company at its own cost shall defend the SECURITY trust, to pay such insured the indebted. ACTIONS insured in all actions or proceedings against the ness of the mortgagor or trustor under insured founded upon a defect, lien, encumbrance, or other mat. said mortgage or deed of trust, together with all costs which the ter insured against by this policy, and may pursue such litigation Company is obligated hereunder to pay, in which case the Com- to final determination in the court of last resort. In case any such pany shall become the owner of, and such insured shall at once aelion or proceeding shall be begun, or in case knowledge shall assign and transfer to the Company said mortgage or deed of come to any insured of any claim of title or interest adverse to trust and the indebtedness thereby secured, and such payment the title as insUled, 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 6. A statement in writing of any loss or damage NOTICE OF policy, such insured shall at once notify the o~~:..ciN~s Company thereof in writing. If such notice LOSS. . for which it is claimed the Company is liable TO B~ 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 PAYMENT OF 7, The Company will pay, in addition to any shall cease and terminate; provided, however, that failure to so notify shall in no case prejudice the claim of any insured unless LOSS AND loss insUled against by this policy, all costs COSTS OF . d th. d' r" . d the Company shall be actually prejudiced by such failure. The LITIGATION Impose upon e Insure In IllgatlOn carne 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 ~is 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 a~d 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 may be demanded by any in. ceeding to such extent and in such manner as is deemed desire sured without producing this policy for indorsement of such able hy the Company, and the Company shall reimburse the payment. insured for any extense so incurred. The Company shall be MANNER OF 8. Loss under this policy shall be payable, first, subrogated to and e entitled to all costs and attorney's fees incurred or expended by the Company, which may be recover. PAZ~S~N~OOF to any insured owner of indebtedness secured by able by the insured in any litigation carried on by the Company INSURED !llortgage or d~ed. of trust. shown in Schedule B, on behalf of the insured. The word "knowledge" in this para. m order of pnonty thereIn shown, and if such graph means actual knowledge, and does not refer to constructive ownership vests in more than one, payment shall be made ratably knowledge or notice which may be imputed to the insured by as their respective interests may appear, and thereafter any loss reason of any public record or otherwise. shall he payable to the other insured, and if more than 'one, then to such insured ratably as their respective interests may appear. OPTION TO 3. The Company reserves the 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~r:~~ISE the insured, any claim insured against 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 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 . REQUIRED TO dorsed hereon or attached hereto signed by the CHANGE hereunder, including all obligations of the Company with respect POLICY President, a Vice.President, the Secretary, or to any litigation pending and subllCquent COlits thereof. an Assistant Secretary of the Company. Page No. 6 of Policy No. 1269257 rJI: ~{, F . , ~ - . , J # - . , I I ~Q. ~ '" ~ 2- C \,. -:t - ~ '" t> 0 =- 60 GS 70 0 If" IV$H3 ~ R~E. ::t 0 ... C4 ..... ... =- ~ 50 SS ~ \ ~ . .... .... c., \\ ~,,~ ~28 ~ ~ . 50 .so So .50 '.5 ~60 \ \ UR8HIV tJt RYE. 0 '; \ :01.!4' . So So 50 .50 60 60 l\ 2105 60 60 ~[ I Q) PIca 0 8i.J'D. I I I I I r- TRACT NO. 1993 LOTS 163 TO 172, 174 TO 179, 185 TO 194, 228 TO 244, 299 TO 313 AND PART OF LOT 34 SANTA MONICA-SAWTELLE TRACT THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS.