P-433 (2)No.1040-1~-21i~ ~ ~
Easemwt Form
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Policy No. 2p4Z484
Title Insur~nce ~nd Trust Coy~ ~n
.~ y
a corporation of Los Angeles, California, herein
called the Company, for a valuable considera-
tion paid for this policy of title insurance,
doe,r hereby in,rure
CITY OF SANTA ~IONICA, a municipal csorporation,
herein called the insured, aga~nst loss or damage not exceeding
$i~oo.oo----
which the insured shall sustain
by reason of title to the easement described in Schedule A being vested, at the date
hereof, otherwise than as herein stated; or
by reason o£ any defect in, or lien or encumbrance on, the title to said easement,
existing at the date hereof, not shown in Schedule B; or
by reason of the priority, at the date hereof, over said easement, of any lien or
encumbrance upon the land, hereinafter called said land, over which said easement
exists, unless such lien or encumbrance is shown in Schedule B;
all subject, however, to Schedules A and B and the sti
and stipulations are hereby made a part of this policy.
I n W itness W hereo f, Title Insurance and Trust
and seal to be hereunto affixed by its duly authorized ~
at 8:00 A.Ad.
herein, all of which schedules
pany has caused its corporate name
s,tlus Eleventh day of July,1944,
: INSURANCE AND TRUST COMPANY
S~~ ..~.
ASSISTANT SBCRBYARY
This fiolicy consists o f 4 pages ;uhich qrc
at the end of eech page. _],_
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Form 1040-~1-1~:f~-2-42 . ~ " • • . ~/
SCHEDULE A
[ 1. ] The title to said easement is, at the date hereof, vested in
GITY ~F SANTA MONICA, a municipal corporation,
[ 2. ] Description of the easement, title to which is insured by this policy :
An easement Por atreet purpoaea and inaidente thsreto over the Following deacribed
propertys
The Southesaterly 30 feet of that portion of Block 37 Luaaa Tract, City of Santa
Moniua, County of Los Angelea, ~t;ate of Galifornia, aa per map recorded in Book 6
Page 221, ~Aiacelleneoua $ecords, in the offiQe of the County Recorder of said
County, bounded Northweaterly by Pieo Boulevard, Northeaaterly by Euclid Street,
Southeasterly by Bay Strest and Southxesterly by llth Street; exeept therefrom
the ~iortheaaterly 200 feet and 3outhwesterly 35 Peet of said 30 foot strip of land
abo~e deaeribed.
Also the Southwesterly 35 feet of that portion oP Block 37, Lucaa Tract, City of
Santa A~onica, County of Loa Angelea, State of CaliFornia, as per map recorded in
Book 8 Page 221, ~iscellaneous Recorda, in the office of the County xeoorder of
eaid County, bounded Idorthvresterly by Pioo Boulevard, Northeasterly by Euolid
Street, Southeaaterly by Bay Street and Sou thv+reaterly by llth Street.
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Page 2
Form 1002-B-~ 1-44 9~M `• ~ ~ ~, r
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SCHEDULE B ~
[A] The Company does not, by this policy, insure against loss by reason of :
l. 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 construc-
tive 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:
~. General and spacsial County and City taxes Por the Pisaal year 1944-45, a
lien not yet peyable. Leviea for Santa Monica ~unia3pal Improvement Diatrict
No. l, created Por C3.ty Park, may be included therein.
Page 3 ~~ j
Form 1002-B-1 1-44 9UM
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SCHEDULE~ B
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[A] '1 he 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 ~vhici~
impart constructive notice;
3. Any facts, rights, interests, or claims which are not shown by those pdblic records whicl~ impart construc-
tive 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 speoial County and City taxea for the fisoal year 1944-45, a
lien not yet paye-ble. Leviea for Santa Monioa Yuniaipsl Improveraent Diatrict
No. 1, oreated for City Park, may be inaluded therein.
P~cge 3 ~~1 j
Form 1002-C~1 1-44 :6M
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STIPULATIONS
SCOPE 1. This policy does not insure against, and the
OF Company will not be liable for loss or damage
COVERAGE created by or arising out of any of the follow-
ing: (a) defects, liens, claims, encumbrances, or other matters
which result in no pecuniary loss to the insured; (b) defects,
liens, encumbrances, or other matters created or occurring
subsequent to the date hereof; (c) defects, liens, encumbrances,
or other matters created or suffered by the insured claiming
such loss or damage; or (d) defects, liens, encumbrances, or
other matters existing at the date of this policy and known to
the insured claiming such loss or damage, either at the date
of this policy or at the date such insured claimant acquired an
estate or interest insured by this policy, unless such defect,
lien, claim, encumbrance, or other matter shall have been dis-
closed to the Compaay in writing prior to the issuance of this
policy. Any rights or defenses of the Company against a
named insured shati be eqnally available against any person
or corporation who shall become an insured hereunder as
successor of such named insured.
DEFENSE OF 2. The Company at its own cost shall defend
ACTIONS the insured in all actions or proceedings against
the insured founded upon a defect, lien, encumbrance, or other
matter insured against by this policy, and may pursue such
litigation to final determination in the court of last resort. In
case any such action or proceeding shall be begun, or in case
kno~ledge shall come to any insured of any claim of title or
interest adverse to the title as insured, or which might cause
loss or damage for which the Company shall or may be liable
NOTICE OF by virtue of this policy, such insured shall at
ACTIONS once notify the Company thereof in writing.
OR CLAIMS If such notice shall not be given to the Com-
TO BE pany at least five days before the appearance
GIVEN BY day in any such action or proceeding, or if
THE INSURED such insured shall not, in writing, promptly
notify the Company o# any defect, lien, encumbrance, or other
matter insured against, or of any such adverse claim which
shall come to the knowledge of such insured, in respect to
which loss or damage is apprehended, then all liability of the
Company as to each insured having such notice in regard to the
subject of such action, proceeding, or claim shall cease and ter-
minate; provided, however, that failure to so notify shall in
no case prejudice the claim of any insured unless the Company
shall be actually prejudiced by such failure. The Company
ahall have the right to institute and prosecute any action or
proceeding or do any other act which, in its opinion, may be
necessary or desirable to establish the title, or any insured
lien or charge, as inaured. In all cases where this policy per-
mits or requires the Company to prosecute or defend any
action or proceeding, the insured shall secure to it in writing
the right to so prosecute or defend such action or proceeding,
and all appeals therein, and permit it to use, at its option,
the name of the insured for such purpose. Whenever request-
ed by the Company the insured shall assist the Company in
any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, prosecuting or defending such
action or proceeding to such extent and in such manner as is
deemed desirable by the Company, and the Company shall re-
imburse the insured for any ezpense so incurred. The Com-
pany shall be subrogated to and be entitled to all costs and
attorneys' fees incurred or expended by the Company, which
may be recoverable by the insured in any litigation carried
on by the Company on behalf of the insured. The word
"knowledge" in this paragraph means actual knowledge, and
does not refer to constructive knowledge or notice which may
be imputed to the insured by reason of any public record or
otherwise.
OPTION TO 3. The Company reserves the option to
PAY, SETTLE, OR pay, settle, or compromise for, or in the
COMPROMISE name of, the insured, any claim insured
CLAIMS against or to pay this policy in full at any
time, and payment or tender of payment of the full amount of
this policy, together with all accrued costs which the Company
is obligated hereunder to pay, shall terminate all liability of
the Company hereunder, including all obiigations of the Com-
pany with respect to any litigation pending and subsequent
costs thereof.
SUBROGATION 4. Whenever the Company shall have set-
UPON PAYMENT tled a claim under this policy, it shall be
OR SETTLEMENT subrogated to and be entitled to all rights,
securities, and remedies which the insured would have had
against any person or property in respect to such claim, had
this policy not been issued. If the payment does not cover the
loss of the insured, the Company shall be subrogated to such
rights, securities, and remedies in the proportion which said
payment bears to the amount of said loss, In either event the
insured shall transfer, or cause to be transferred, to the Com-
pany such rights, securities, and remedies, and shall permit
the Company to use the name of the insured in any transaction
or litigation involving such rights, securities, or remedies.
OPTION TO PAY 5. The Company has the right and
INSURED OWNER option, in case any loss is claimed
OF INDEBTEDNESS under this policy by an insured owner
AND BECOME of an indebtedness secured by mort-
OWNER OF gage or deed of trust, to pay such
SECURITY insured the indebtedness of the mort-
gagor or trustor under said mortgage or deed of trust, to-
gether with all costs which the Company is obligated here-
under to pay, in which case the Company shall become the
owner of, and such insured shall at once assign and transfer
to the Company said mortgage or deed of trust and the indebt-
edness thereby secured, and such payment shall terminate all
liability under this policy to such insured.
NOTICE OF 6. A statement in writing of any loss or damage
LOSS for which it is claimed the Company is liable
under this policy shall be furnished to the Company within
sixty days after such loss or damage shall have been ascer-
LIMITATION tained. No action or proceeding for the re-
OF ACTION covery of any such loss or damage shall be
instituted or maintained against the Company until after full
compliance by the insured with all the conditions imposed on
the insured by this policy, nor unless commenced within
tweive months after receipt by the Company of such written
statement.
PAYMENT OF 7. The Company will pay, in addition to
LOSS AND any loss insured against by this policy, all
COSTS OF costs imposed upon the insured in litigation
LITIGATION. carried on by the Company for the insured,
INDORSEMENT and in litigation carried on by the insured
OF PAYMENT with the written authorization of the Com-
ON POLICY pany, but not otherwise. The liability of
the Company under this policy shali in no case exceed, in all,
the actual loss of the insured and costs which the Company is
obligated hereunder to pay, and in no case shall such total
liability exceed the amount of this policy and said costs. All
payments under this policy shall reduce the amount of the in-
surance pro tanto, and payment of loss or damage to an in-
sured owner of indebtedness shall reduce, to that extent, the
liability of the Company to the insured owner of said land.
No payment may be demanded by any insured without produc-
ing this policy for indorsement of such payment.
MANNER OF 8. Loss under this policy shall be payable,
PAYMENT OF first, to any insured owner of indebtedness
LOSS TO secured by mortgage or deed of trust shown
INSURED in Schedule B, in order of priority therein
shown, and if such ownership vests in more than one, payment
shali be made ratably as their respective interests may appear,
and thereafter, any loss shali be payabie to the other insured,
and if more than one, then to such insured ratabty as their
respective interests may appear. If there be no such insured
owner of indebtedness, any loss shall be payable to the in-
sured, and if more than one, to such insured ratably as their
respective interests may appear.
WRITTEN 9. No provision or condition of this policy
INDORSEMENT can be waived or changed except by writing
REQUIRED TO indorsed hereon or attached hereto signed by
CHANGE the President, a Vice-President,the Secretary,
POLICY or an Assistant Secretary of the Company.
Page
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PART OF BLK 37 OF LUCAS TRACT
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THIi If NOT A SURVEY OF THE LAND
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ONLY FROM DATA SHOWN BY OFFICIAL RECORDS.
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:~~ssUiL~zQ~t ~~. 3464
~}~:~~L)Z~~.~~~t}1~1 A{iv~~'~'.f.111t~ ~..1L°,:'.~~ ~iiiial~~.r ~'r* .C.~~~'~~ II
:~:~zd`L' .~'RC?I~,'I ,h.~,R°r:~IE~~; Fi~j ,~~i ii.:.UP°3' ;:31 ~:~::~CH,
A. ~r:df':?~C`~}r,
~ ~ . ~ . 11~~'' ~il~:~~ ~il~j,~~i~.i~1r {~i:'' `~~.i`, ~il~` Q~'~' ~.~..~i~'~~.r.C~-: i,'':l~}.~?5~~. ~LzI..G~~T F'~'`S`J'~ZrV ~".~J:
That the annexed ~3eed ~rantin~; Lase::ent fro~. ~'~~~t:;,~;t~ ~
ftU~v~~~~LiP`.l' Bl~; tiLZ~~i, a widflw, con~re;;~inc to the ~~ity af 5~nta I
i~ionica, a~r~unie3.pal corporation, an ease~nent for street pury~oses
and incidents ttl~reto, upon, over and across all that cert~in re~l
I
property sit~.ated in the Cit~ of Santa ~,':onica, Gounty of Los '
.~,ngelea, State af G~lifornia, t3.escribed as follows c
The southeasterl~ thirty (30) feet af that
portian of B1ock 3'7, Luc~.s Tract as per ~n~.p
recnrr~ed in t~ook 6, ~'a~e 221, i;~iscellanea~.ls
Records, Los Ang~les Count;~ Recor~s, bounded ~,
nort~vdesterl~T by F~ico Blva.., northea:sterly ~
b~ ~v.clid Str~et, southeaUterly ay ~av Street
and southeveaterly b~ ~leventh Street, ex-
cep~~ng ~heref'rom the nortY~.easterl~ 2;f~0 feet '
and southwesterly 35 fe~t of suid 30 f`oot '
strip of land al~ave aescrihed. 1
A.~.so tae sout~n~rse~terZ~ thirty-five ( 35 ]
feet o~' ~hat x~ortion of ]31ock 37, I,ucas
Tract as per map recorded in ~ook 6, Yage 221, .-
,~~"iscellaneous :tecords, Los ~Fin~eles ~,ounty ~
~ec~rds, br~undecz northwesterly b~ Pieo B1vd.,
northeasterly by Eta.clia Stree~, southeasterl~
by ~a;~ Street an~ soutnwesterly b;~ Lletenth
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be, and the s~sne is hereby aceepted.
I1^ IS x"(~~'~~~;~ i~S~.[~t~~~c That tlie ~`omrnissioner of !
Fublie Saf~:ty, ex-c~ff'ici.o ;~,~ayor oi' the ~ity o~ Sant~. .t.ioniea, be,
- and he hereby is, authorized ana instructed ta exeeute tYie
annexed ~eceptanee of Ueed L'-r~zntin~ I~;QSeme~.t, ~.na that the Cos~:~is-
s3.oner of ~+"inance, e~-oi'ficio L'ity Clerk, ex-o~`~icia Clerk o~' the I
~itg Council of the City of Santa ~~onica, be, and he hereb~ is,
autk~nrizec`t axid in~tructe~. to attest tlae sur,le ~nd af'fix tYze seal
of the ~it~ of Santa rz~onica thereto. -
That tne Gommissioner of Public Sa~'ety, ex-ozficio
~ia~or of the Git~ of S~nta ~:Ionica, be, ~.na he hereta~ is, autho-
rized and;.~;instructed to aert3f,y to the adoption oz tnis rosolution,
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and.~he ~ommissioner of rinance, ex-officio ~ity ~lerk, ex-officio
Glsrk ~f the City Gauncil, be, and h~ hereby is, uut_-.orized and
instx~ucted.,to attest the same.
AAUF~'r.T} this ~lst da~ of' ~iay , 194a, by
~Ghe fallo~rln~ vote s
4Y~S: Freeman, ~4llliken ~~
ivJE~;~: None I
F.l35uP~ T : Yurray _
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Co ~ ss one af Pu i~~ Safety, ex-
af'fi'icia ~tayar of the '~~y of Santa
- ~~onica.
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~ Coa~n. ss oner o ~ na.nee, ex-of ic o
~ity Clerk, e-o~'fic3.o t lerk of the '
Cit~ Counoil of the G~.ty of Santa '
L~oni G~ .
~ppraved as to fbrm this -~y~ aay ~
of ~G~~ / , 19~4.
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Y ~ ~ ~ ~-° .__ .
~rv~~. ~Torrenee, Cit~ . torney.
`~"~`~`si`.~k,` 0~ i;::1`.~1=F'~KP~l.~ )
j .~, s ~
~iiUN~'Y Q~', Lt75 ~G~~L~aS )
I, ~. C, _.~R~~rTAT~, i~ereby certify that T am the Commis-
sioner of ~~iraance, e:~-of'ficio Cit~ Clerk, ex-aii'icio Clerls of the
~i.~g ~ouncil a~ the City of San~a ~;,onica; that the fore~;o:~.n~; is
s~'ull, t~ue and carrect copy of tiiat certain resolution a~opted
by -the ~itg~ ~auneil of' th~ ~ity of Santa. ~~Qnica at ~ re~u.lar
~eetin~ of' said Cour_cil held t~a r~~lst, , 1~44.
Subscribsd. aud sworn to bef'~re ~.ne
this 318t dday of Ma r...~s 194~.
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o ar~ e n. an or he s~.
Co aty and State. ~z- ~~~ ,
!7Y Commizswc F.~c~ir~s rw8• lti. i9~~: -~~
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- . .~~~~PTAt;CE 0~' ~}E~~:`T3 GFi~.2?"l.'~:NG E.~4S~:~NT : -
~he anne:~ed Deed Grantin~; :~ase:r~~ent is hereby sccepted
this 31st da~ oi ~ay , 1944.
~l`i~Y ~3~4' 5A~7~~ ~:~Or;IC.~~, a muza:i,c~pal
corparation,
omrais on o~ ic a ety, ex-
officio :~~ayor oi tne i% af Nsnt~.
i~_onic~ .
ATT~;~i' .
~o~nm ssioner ~ ~ nance, e~-of cio
City~ ~l~rk, ex-officio Clerk of tne
Gity Couneil ~~ the ~ity of Saxrta
~ ~~onica,
Ap~roved as to form th:ts ~~'~~ay
of _'«~~,~ , 1944.
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arvel~o~ rren~e;~~~or~
StAT~ QF ~ALTw~~i~T.A )
) ss.
~t~ITI~"I'Y JN L{)S AIIGM,Li:S )
an thls 31st day of ~aY , 1944, before me,
tl~e und~rsi~;ned, a T~otary Public in and. ~'o~ r tne t~ounty af Los
Angeles, State a~' Ca1.i~`ornia, residin~ therein, ciuly commissioned an:~
sworn, x~ersonally appeared Z,. J. _ETU~~I.i, known t~ ~ne ta be the
Commissioner ofi ~u.blic Safety, ex-offic~o ~,~aaror of ~he City of
S~.nta i+~~o~ica, a municipal corporation, v~rr~ose n~me is subscribed to
tne ~'ore~;aing Acceptance ~f ~~eea Grantin~ ~asement, ~nd he ackno~v-
led~;ed to me that h~ executed the s:=.r~e on behalf ~~' said G3.ty of
S~znta, a~~anxc~, ,p~rsuant to a resolutian dul, aao,~ted by the ~ity
Council of the City of Santa ~;ianica, and on s~ia 31$~ day of
~ax , 1944, x~ersonally appearecl before :ae, D. ~. H'R~'F,~~?,
nawn to rne ta be the Commissioner af ~inance, ex-ofiicio City
Clark, e~-o~'i'icia ~lerk of the City Council oi the City of Santa
P.~anica, and he ackno~rled~eci to me that he attested said 4cce;~tance
of 17eed Grantin~,, i"ase~ent ~.nd ~~fixed th.e seal o~' the Lity of
Santa ~~or.ica thereto.
Ip; z~tT`IivY~SS t~1~-IE: ~t~F, I have hereunto set my hand and
af'f"ixed ;n.y official seal the d~y and year first hereinabo~re written.
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I~o ary Pub c~n and fo,~` sa~~~
Co ty and atate. ~~
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. . . ~' .~~a~}~a~ ~t~ ~v~'(.`r i~Tk.r ~tl'3.~..~.a~i11.i~;+J,.~::;1~: .~"Yi.u~{~~1..f~: ~'.~Jvil'i~.l3g'~.' i~J.~.La~lt~.l.,~',~'~~
a widov~, o~ner o~ the hereinafter aeseribed lands, for and in
considerat:i.~n of Ul~E ancl j~pf10~? 1;~LL_'-:.~'-tS (~1.UG) to her in hand
paid, the reoeipt whereof.is hereb~ acknowledgad, aoes hereby
GR:~T, ~Ol~nj,~.Y and i~;U:L~~°a1~ to the Git~ ,of Santa ~;:oni.ca, a
rnun:Lc~.pal corporation, an ~;~:~:r~~i7~'I~T7' ic>r street pur~oses ancl inci-
dents therato, upan, aver and across aII that certain real pra-
perty hersinafter c~escribec~, lyin~ arid bein~; in the City af
Sant~ .I~~flnic~, ~oun~y of Los An~eles, State of Galii'ornia, and
partieularl~r described as follows, to-wit:
The southeasterly thirty (3a) feet af' that
part3on of' ~lock 37, Lucas ~~ract as per m~p
recorded in ~oak 6, ~age 221, ikiiscellaneaus
~ecords, Los ~.ngeles County I~ecords, baun,~.ed
northwestsrl~r by ~ico ~lvd,, northe~.sterly
by ~'uelid Street, southeasterly by Bay Street
and sauth~vesterly by .t~leventh Street, ex-
ce~tin~ the.refrom the nortx~easterly 2;~t3 feet
and sauthwesterly 3~ feet o~' said 3~ ~:`QOt
strip o~' la~t~. aoove ~escr.ibed.
Also the soutYl&Y€~$terly thirt:g-#'ive { 35 }
feet of' that port7.on af Block 3`7, Lucas
1'r~ct as ber r;Yap recorded in 33ook 6, Fa~ e 221,
S~iiscellan~ous ~ecards, T:os An~eles ~ounty
~ecords, bouncied narthwesterly b~ ~~.co i~lvd.,
northeasterl~ by uuclid Street, southeasterly
by ~ag Street und s~u~h~este~ly bv ~;leuenth
Street.
S~~ 5y~'rTPti~SS '~t~~E~'~EC1~', I have hareunto set m~ hand this ~9th da'y
of i~;sYs 1944.
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~t~L,`i~TY U~' LOS ~T;CTLL~:S }
.On thi3 day of i;~av, 1944, be~ore me, the
uiadersi~ned, a PTot~: ~ P~a.blic, in and ~`or said Count residin ,
~', ~
therein, ia~ly commiss3.onad and s~vorn, person~ll~ ~.ppeared
~i.~R,~:~i~:~ ttL'SGh~iATsP'1' ~7~:RL1~CH knc~~n to ~e to be the persc~n ~t~ase
name is s~,bscribed to the within Instruir~ent and ackno~leq~ed to
me that she executeci tne sa~~~e.
t~'TTN~SS mg hand and official seal.
`~~ d~~
t~rJ e n and r sa
ounty ~nd ~tate.
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oxzai~aL
NO. ~1~6h
RESOLUTION
DEED ~#433 •
RESULUTI~N ACCEYlIP1(~ DEED
GRL:NTIIuG EASEB~~NT AROIt
H~RIdINE RUSGHHA[JY't BIEKLICH
Parsfof Lot 3~,i,ucas Tract
for streets.
i~DOPTED MAY 31, 1944 .
CITY OF SANTA MONICA
CORNELIUS W. MciNERNY, JR.
, CITY ATTORNEY
~., .:sa.:
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