P-390 (2)
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TITLE GUARANTEE AND TRUST COMPANY
OF LOS ANGELES, CALIFORNIA
a California Corporation, herein called the Company,
for a valuable consideration paid for its Standard form of Policy of Title Insurance Number 1.,306651.
Does Insure CITY OF SAN'!' A MONICA,
together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in
Schedule C, 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 B, 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 disgolution, merger, or consolidation of a corporate named
insured, against loss or damage which the insured shall sustain, not exceeding the face amount of this policy, to-wit:-
Two Hundred Fifty ($250.00) - - - - - dollars,
by reason of title to the land described in Schedule B 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 unmarketabiIity exists
because of defects, liens, encumbrances, or other matters shown in Schedule C; or by reason of any defect in, or lien or
encumbrance on said title, existing at the date hereof, not shown in Schedule C; or by reason of any defect in the execu-
tion of any mortgage or deed of trust shown in Schedule C 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 C; all subject, however, to Schedules A, B, C and D and the stipulations herein,
all of which schedules and stipulations are hereby made a part of this policy.
In Witness Whereof, Title Guarantee and Trust Company ha.C! caused its corporate name and seal
to be hereunto affixed by its duly authorized officers at 8:30 A.M. on August 20, 1.942.
TITLE GUARANTEE AND TRUST COMPANY
.,L .
President.
Assistant Secretary.
SCHEDULE A
The title to said land is at the date hereof vested in
.
. CITY OF SANTA MONICA, a Municipal Corporation, by deed dated August 10, 1942 to be
used for highway and sidewalk purposes and uses incidental thereto.
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LOT 5, BLK 28 AND PART LOT 4, BLK 29 OF
ERKENBRECHER'S SY DICATE.
A
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THIS IS N01 A SURVf:Y OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL Rf#,
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SCHEDULE D
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 constructive notice,
but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession there-
of, 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.
STIPULATIONS
SCOPE OF 1. Thi. policy doce Dot Inlure agaInlt, and the Company will Dot SUISROGA TION t, Whenever tbe Company aball bave aettled a claim
COVERAGE be liable lor Iou or damqe created by or ariaing out 0/ any 0/ UPON PAYMENT under ,bia polley, it aball be aub,ogated to and be en-
the {aUowin,: <a> defects, llenl, claim.. encumbrancea, or other matteD whieh OR SETTLEMENT titled to all rlgb.a, aeeuri.iea, and remedi.. wbieb tbe
result in DO pecuniary lOBI to the insured; (b) defecte, lieDI, encumbrance., or insured would bave had acalDst any person or property in reapeet to auch claim.
other matters created or occurrin. lubsequent to the date hereof: (0) defect.. had this policy Dot been i..ued. If the payment docs Dot cover the 10.. of tbe
Iienl, encumbrancel, or other matterl created or luffered by the inlured claimiDe insured, the Company Iball be subrogated to luch rightl, eecuritiel, and remediee
luch 101. or damagej or (d) defects, liens, encumbrancel, or other. matten in the proportion which .aid payment bears to the amount of said lOll. In either
existing at ",he date of tbi. policy and known to the insured daiminl luch 10aa evellt the inaured .hall ttanefer, or caule to he tranlferred, to the Company luch
or damace, either at the date of this policy or at the date luch insured claimant riehts, securities. and remedies, and .hall permit the Company to use tbe Dame
acquired an e.tate or interest inlured by tbis policy, unle.. such defect, lien, of the insured in any truuction or litigation involving luch rights, .ecuritie.,
claim, encumbrance, or other matter shall have been dilcloled to the Company or remecliee.
in writing prior t() the ie.uance of this policy. Any rigbts or defensel of the OPTION TO PAY 5, Tbe Company baa tbe rlgbt aDd op.lon, In eaae
Company againlt a named iOlured .ball be equally ayailable againlt any person
or corporation who shall become an inlured hereunder .. succenor of lucb INSURED OWNER any 10s8 il claimed under this policy by an insured
named insured. OF INDEBTEDNESS owner of an indebtednel8 secured by mortlage or
AND BECOME deed of trust, to pay luch iDlured the indebtedne..
DEFENSE OF 2. Tbe Company at Ita own eoa' aball de/end .be Inaured In all OWNER OF of the. mortgagor or trustor under Aid mortgage or
ACTIONS action. or proceedingl .....b,..t the in.ured founded upon a SECURITY deed of trust, together with all co.te which the
defect, lien, encumbrance, or other matter JDlured again.t by this polley, and Company ie obligated hereunder to pay, in which cale the Company Ihall become
may pursue euch litigation to fibal determination in tbe court of la.t resort. the owner of, aDd luch Inlured shall at once al8ip and transfer to the Company
In case any loch action or proceedinl shall be begun, or in cue knowledge shall said mortgage or deed of trust and the indebtedne.. thereby aeeured, and such
eome to any insured of any claim of title or interest adverse to the title aa payment shall terminate all liability under tbia policy to lucb inlured.
inlured, or which migbt caUle 101. or damage for which the Company Ihan or NOTICE OF 6. A a'a.emen. In writing of any loaa or damqe for wbl<b It
NOTICE OF may be liable by virtue 0/ .bia policy, aueb Inaured aball at
once notify the Company thereof in writing. If Incb notiee LOSS ia claimed tbe Company la liable under .bia policy aball be
O~CJ~~~r:S sball no' be given '0 .be Company ~t leut 6ve d~ya be/ore fumished to the Company within sbty day. after IUch JON or damage ,hall have
been alcertained.! No aedon or proceeding for tbe recovery of any .uch 10. or
TO BE tbe appearance day in any luch achon or proceedIng, or if LIMITATION 'damage aball be Insti.u.ed or maintained againat tbe Company
GIVEN BY such insured- .hall not, in writing, promptly notify the
THE INSURED Company of any defect, lien, encumbrance, or other matter OF ACTION UD.1l alter full compliance by .be Inaured witb all tbe COli-
insured against, or of Iny such advene claim which Ihall ditions impaled on the insured by thll policy, Dor unlen
come to the knowledge of lueb insured, in respect to which 10.. or damage Is eommeneed within twelve month. after receipt by the Company of luch wrltteQ
apprehended, then all liability of the Company a. to each insured having 8uch statement.
notice in regard to the .ubject of luch actio~, proceeding. or claim shall cease PAYMENT OF 7, Tbe Company Will pay, In addition '0 any loaa III.
and terminate; provided, however,that failure to 10 notify .ball in DO case LOSS AND sured against by tbl. policy, all COlt. impaled upon the
prejudice the claim of any insured unle.. tbe Company .hall be actually COSTS OF inlured in litigation carried on by the Company for the
prejudiced by luch failure. The Company shall have tbe right to Institute and LITIGATION. inaured, and in lI.igation carried on by .be inaured with
prosecute any action or proceeding or do any other act which, in ita opinion, ENDORSEMENT tbe wrillen au.borlzalion of .be Company, bu. no. o.ber-
may be necessary or desirable to eltabJish the title, or any inlured lien or OF PAYMENT whe. Tbe liability o/.be Company under tbia policy .ball
charge. as inlured. In all ease. where thil policy permits or requires the Com. ON POLICY in no cale exceed, in all, the actual Jo.. of the inaured
pany to prolecute or defend any action or proceeding, the insured Ihall lecure and coat. which the Company is obligated bereunder to pay, and in no eue
to it in writing the right to so prosecute or defend luch action or proceeding, shall such total liability exceed the face amount of this policy and laid COlts.
and all appeals therein, and permit it to use, at itl option, the name of the All pa)'ments under this policy Ihall reduce the face amount of the insurance
i08ured for 8uch purpose. Whenever requested by the Company the insured shall pro tanto. and payment of 108s or damage to an insured owner of indebtednCD
al.ist the Company in any luch action or proceeding. in effecting settlement, shall reduce, to that extent, the liability of the Company to the insured owner
securing evidence, obtaining whne..es, prosecuting or defending luch action or of said land. No payment may be demanded by any insured without produclnc
proceeding to such extent and in such manner as is deemed desirable by the this policy for endorsement of lueh payment.
Company, and the Company shall reimburse tbe iosured for any expense 10
incurred. The Company sball be subrogated to and be entitled to all costs and MANNER OF 8, Lo.. under .bia polley aball be payable, 6rOl, to any
attorney's fees incurred or expended by the Company, which may be recoverable PAYMENT OF insured owner of indebtedness secured by mortgage or deed
by the insured in any litigation carried on by the Company on behalf of the LOSS TO of IIU" ahoWD in Schedule C, in order of priority tberelJl
insured. The word uknowledge" in this paragraph means actual knowledge, and INSURED shown, and if such ownership vests In more than one, pay-
eoes not refer to constructive knowledge or notice ,.,bieh may be imputed to the ment IiIhall be made ratably.. their relpective interest. may appear, and there-
inlured by reason of aoy public record or otherwile. after, any 1088 sball be payable to the other Insured, and if more than one,
OPTION TO 3. Tbe CompaDY re.erve. .be option '0 pay, aellle, or then to such insured ratably 8S their respective interests may appear. If there be
no such insured owner of indebtedness, any ]OSI shall be payable to the insured,
PAY SETTLE OR compromise for, or in the name of. the insured. any and if more than one, to such insured ratably a8 their re.pective Interests may
COMPROMISE claim insured against or to pay this policy in full at
CLAIMS any .ime. and paymen. or 'eDder of payment 0/ .be /ull appear.
amount of this policy, together with all accrued eo.ts which the Company is WRITTEN 9, No provlaion or condition 0/ .bi. polley can be waived
obligated hereunder to pay. sball terminate a1l liability of the Company here- ENDORSEMENT or changed except by writing endorsed hereon or attached
under, including all obligations of the Company with respect to any lidgation REQUIRED TO hereto signed by the Prelideot, a Vice-President, tbe
pending and subsequent costs thereof. CHANGE POLICY Secretary, or an A..i.tant Secretary of the Company.
A-31O 7-42 10M
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RES,OLUTION NO. 3136
RESOLUTION AUTHORIZING THE EXECUTION OF THE
ANNEXED AGREEMENT.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS:
That the City of Santa Monica execute the annexed
Agreement, which said Agreement is hereby approved.
That the Commissioner of Publie Safety, ex-officio
Mayor of the City of Santa Monica, be, and he hereby Is, autho-
rizedanddirected to execute said Agreement on behalf of the
City of Santa Monica, and the Commissioner of Finance, ex-officio
City Clerk, ex-officio Clerk of the City Council of the City of
Santa Monica, be, and he hereby is, authorized and instructed to
attest the same.
That the Commissioner of Public Safety, ex-officio
Mayor of the City of Santa Monica, be, and he hereby is, autho-
rized and instructed to certify to the adoption of this resolu-
tion, 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 12th day 0 f Augus t , 1942, by the
following vote:
AYES: Freeaan,Ml111ken,Murray
NOES: None
ABSENT : None
~
y, ex-
f Santa
ATTEST:
CO~-OffldO
City Clerk, ex-officio Clerk of the
City Council of the City of Santa
Monica.
/2- day
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RESOLUTION NO. )137
RESOLUTION ACCEPTING GRANT OF EASEMENT FROM
SIMONS BRICK COMPANY, A CORPORATION.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY RESOLVES:
That the annexed Grant of Easement from Simons Brick
Company, a oorporatlon, of that certain real property, described
in the annexed Grant of Easement, be, and the same is, hereby
a.ccepted.
IT IS FURTHER RESOLVED: That the Commissioner of
Publie Safety, ex-officio Mayor, be, and he hereby is, autho-
rized and instructed to execute the annexed Acceptance of Grant
of Easement, and the Commissioner of Finance, be, and he hereby
is, authorized and instructed to attest the same and affix the
seal of the City of Santa Monica thereto.
That the Commissioner of Public Safety, ex-officio
Mayor of the City of Santa Monica, be, and he hereby is, autho-
rized and instructed to certif1 to the adoption of this resolu-
tion, 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 12th day of Augu&'t , 1942, by the
following vote:
AYES: Freeman, Milliken, Murray
NOES: None
ABSENT: None
y, ex-
Santa
ATTEST:
.. ~~~---
Commiss'oner 0 F nance, eJc-officio
City Clerk, ex-officio Clerk of the
City Council of the City of Santa
Monica.
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STATE OF CALIFORNIA )
) 88.
COUNTY OF LOS ANGELES )
I, D. C. Freeman, hereby certify that I am the Com-
missioner of Finance, ex-officio City Clerk, ex-officio Clerk
of the City Council of the City of Santa Monica; that the
;' foregoing is a full, true and correct copy of that ~in
resolution adopted by the City Council of the City 0 Santa (r'-
Monica at a regular meeting of said Council held . 12th ,
1942.
~A~
Subscribed and sworn to before me
this Jf' day 0 f ~ M.........1942.
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j County and State.
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-: ACCEPrANCE OF GRANT OF EASEMENT :-
The annexed Grant of Easement is hereby accepted
this 12th day of August , 1942.
CITY OF SANTA MONICA, a municipal
corporation.
ety, ex-
of santa
ATTEST:
comml..~OfrlCfO
City Clerk, ex-officio Clerk of the
city Council of the City of Santa
Monica.
/1 day
STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
On this 12th day of ~' 1942, before me, the
undersigned, a notary public in, an or the County of Los Angeles,
State of california, residing therein, duly commissioned and
sworn, personally appeared L. J. MURRAY, known to me to be Com-
missioner 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 of Easement, and he acknow-
ledged to me that he executed the same on behalf of said City
of Santa Monica, pursuant to a resolution duly adopted by the
City Council of said City, and on said 12t~day of August ,
1942, personally appeared before me, D. C. , 'EMAN, known to me
to be the Commissioner of Finance of the City of Santa Monica,
and he acknowledged to me that he attested said Acceptance of
Grant of Easement and affixed the seal of the City of Santa
Monica thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and 'year first hereinabove written.
;:.
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THIS INDENTURE, made this 10 day of ,
1942, between SIMONS BRICK COMPANY, a corporation, fi t party,
and CITY OF SANTA MONICA, a municipal corporation of the State
of California, second party,
WITNESSETH:
That said first party, for and in consideration of
the sum ofTen Dollars ($10.00), lawful money of the United
States of America, to it paid by the said second party, the
receipt whereof is hereby acknowledged, does by these presents
grant unto the said second party, and to its successors and
assigns, all of first party's right, title and interest in and
to that certain piece or parcel of land, situate, lying and being
in the City of Santa Monica, County of Los Angeles, State of
California, and more particularly described as follows, to-wit:
Being the Northeasterly 20 feet of Stewart
Alley, measured at right angles to the aide
lines of said alley, lying between the North-
erly line of Michigan Avenue and the North-
westerly line of Irwin Avenue produced North-
easterly all as shown on map of the Erkenbrecher
Syndicate Santa Monica Tract, as recorded in
Book 6, Pages 26 and 27 of Maps.
This deed is issued subject to the condition~ subse-
quent, that in the event that the second party, its successors
or assigns, should at any time abandon the use of the parcel of
land above described for the purposes to which the use thereof
is hereinafter limited for a continuous period of one (1) year,
the title to the parcel of land or the portion thereof the use
of which is so discontinued or abandoned shall revert to and
revest in first party, its successors or assigns, and first
party, its successors or assigns, shall thereupon have the right
to resume exclusive possession of such parcel of land or the use
thereof which is so discontinued or abandoned. It is expressly
agreed by the parties hereto that the above described real pro-
perty shall be used for highway and sidewalk purposes and uses
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incidental thereto, provided, however, that the use and occu-
pancy of said above described real property by public facilities
of second party or by any public utility under appropriate fran-
chises or permits from second party shall be deemed to be a use
of said above described real property by second party for the
purposes of this limitation.
As a further consideration of this grant, second party
agrees to reimburse first party for any and all assessments which
may be levied by order of any authorized, lawful body against the
property of first party at said location (and which may have been
paid by first party) to defray/any part of the cost or expense
incurred by second party in connection with the original con-
struction or original improvements to the street or highway and
sidewalks to be constructed or improved pursuant to this grant
over the real property above described, it being the intent of
this provision that second party shall perform such work or
original construction or original improvement at no cost or ex- e.
pense to first party.
It is further agreed that second party will make such
improvements in such a manner that drainage water will not be
allowed to be drained into or upon the property of first party.
It is further agreed that second party shall commence
said construction or improvement within four (~) months of the
date hereof and shall prosecute said construction or improvement
diligently to completion.
TOGETHER with all and singular the tenements, heredita-
ments and appurtenances thereunto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, subject ne~ertheless to the
above mentioned condition subsequent.
TO HAVE AND TO HOLD all and singular the said premises,
together with the appurtenances, unto the said second party, and
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to its successors or assigns forever, subject nevertheless to
the above mentioned condition subsequent.
IN WITNESS WHEREOF, the said parties have caused
these presents to be executed by their officers thereunto duly
authorized and their corporate seals tobe hereunto affixed the
day and year first above written.
23~.
ATTEST: ~~ as ent
~,<: ~
Secr!'tary '\ FIRST PARTY
CITY OF SANTA MONICA, a municipal
corporation,
ATTEST: ~
comml'~o ~~O~lCl0
City Clerk, ex-officio Clerk of the
City Council of the City of Santa
Monica.
SEe OND PARTY
-
orne,.
STATE OF CALIFORNIA
S8.
COUNTY OF LOS ANGELES
On this \04, day of ~Ij ~t, 1942, before me, the \\J)
undersigned, a Notar Public an 'for said County and State, per- ~ t
sonally appeared :kg..{. and ~'
known to me to be e and the
of the Simons Brick Company, he corporation escr
executed the within instrument, and also known to me to be the per-
sons who executed it on behalf of the corporation therein named, and
they acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written. NO~~he County
. of o. gele... ate of Callfornl.~
- 6 - :My Commission Expires December 1, l~. c,,;.>7()
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f: \ AUG 20 1942 at 8:30 A. M~ 1
I:~ ill Book. J.~'L-, Page ...JilL.
. - of Offitial Records,
?,' .o,ulilt of LoI Angelee, California
tit! $ ~" " Folios__
MAME B. BEATTY Recorder
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