P-448
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R:CSOLU'I'IGU liO. 3558
1~,SOLUTJ.O:N LCC)'F'TL)G GR\]}'l' ]?RO~I ARTHUR WILLIAM
WElID".r ,A}.J"DCLEO STACIA WENDT, HUSBAND AND WIFE, AS
J9~W-~DA}+iIS.
'I'lL;" CITY C}tmcIL 0:': S,Le CITY .JP S..JTJ, ,:I01;JC~'~ E'::::;Y.:::JSOLV.S;
That the Annexed G"-~2.nt DGo;d fran Arthur William Wendt
and Cleo Stacia Wendt, husband and wife, a8-~e'!l~-~eB.aR~8..
convc7ling to the City of Scnta Fonicn all that real property sit'L'-
ated in the Cit-y' of 3anta Lon:1.ca, County of Los les, State of
California, described as follovTs:
Lot 217 in Tract 9903 City of Santa Monica, County
of Los Angeles, State of California, as per map
recorded in Book 138 Pages 25-28 inclusive of Maps
in the office of the County Recorder of said County.
be, and tho S~ille is, heroby acc6pted.
IT IS ?Ui'l.TL~n TLSGLV:"::!): ThQt the CO~TIissioner of Public
S'afety, e~{-officio "o.a:;.or, be, anc he hereby is, autilOrizec-:' end
instruc.ted to execute the /.nnexcd 1..cce:Jt2nc6 of Gr:,nt Deed, and
that the Commissioner of :..'inallC6, ex-officio City Clerk, ex-officio
Clerk of the City Caunctl of ~11i) City of S2r:.to. l"onica, be, and he
hereb:! is, authorized ,::nd ir:.structed to c.ttest the s eel:l€: and affix.
the seal 01' the Cit7 of SD"ntc, llonica thereto.
That the Comluissionsr of Public t>G.fety, 3x-officio nayor
of the City of Simta j,onica, b3, end he hel~eby is, authorized rna.
instructeD to certify to the cdoption of th5.s resolution, ond the
Commissioner of l;inGnce, ex-officio City Clerk, ex-officio Clark of
the City Council, be, c.nd he llcreby is, authorized ~nd instructed to
attest the same.
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,!DOPTED this 3181; day of January 1 1945, by the
following vote:
AYES: Fre.ell.an, Mll11.ken, Murray
NOES: None .../
ABSENT: Non.e
Pinance, ex-o.Lficio
officio Clerk of the
City Council 0 the City of Santa
iioni'ca.
.-/
AP~ to form thiS. :1/~day
of I 1945.
~J7.7~~ -~._-_.
Carve C. Torrence, Ci y Attorney.
STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS AIWELES)
I, D. C. FREEMAN, Hereby certify that I am the Comrr~s-
sioner of Finance, ex-officio City Clerk, ex-officio Clerk of
the City Council of the City of Santa Monica; that the fore-
going is a ful-l, true and correct copy of that certain resolu-
tion adopted. by the City Council of the City of Santa I\onicn
. January 31 st ,
at a regular meeting of said Council held 1945.
~. ifo~
. )
Subscr~bed and sworn to before me
this / 31st day of Ja.nuary, 1945.
Wt.t'P((I#/----
u 10 in and for tl said
County and State.
I My Commi.'ion L:p"o$ A~g. 17, 1948
I
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S.M .DEED~48 . \ .
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-' AC~EPTANCE OF GRANT DEED :-
.
The Annexed Grant Deed is hereby accepted this 31st
day of January , 1945.
CITY OF SANTA MONICA, a municipal
corporation,
afety, 0X-
y of Santa
Finance, ex":'oj:'ficio
fficio Clerk of the
City Council of the City of Santa
Monica.
Approved as to form this 31st day I
,. i
of January J 1945
a, ~ ~~ ~
CarvE:. ~ 01>refi.cc1 ~ney
STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES)
On this 3)..t day of January ,1945, before mo, the
undersigned, a Notary Public in and for the County of Los Angeles,
State of California, residing therein, duly commissioned and sworn,
personally appeared L. J. IvTURRliY, known to me to be tho COlilffiis-
sionor 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 mo that
he executed the same on behalf of said City of Santa Monica, pur-
suant to a resolution duly adopted by tile City Council of the City
of Santa Monica, and on said 31at day of January, 19451 per-
sonally appeared beforo mo, D. C. FREEMAN, known to me to be the
Commissioner of Finance, ex-officio City Clerk, ex-officio Clerk
of the City Council of the City of Santa Mo~ioa, and he noknow-
lodged to mo that he attested said Aoceptance of Grant Deed and
affixed the seal of the City of Santa Monica thereto,
IN WITNESS WHEREOF1 I have hereunto set my hand and
affixod my official seal the day and ~ear first hereinabove
written. / '
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/ My Commi::3ie:l ["p;~>: {'ug. 17, l~['
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Form 1012 9-44 60M . . e
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California Land Title Association Standard Form
~opyright ~938 (T.I. Revision 4-44)
Policy No.
Title Insu ance and T rus t Company
a corporati n of Los Angeles, California, herein called the Company,
for a val Ie consideration paid for this policy of title insurance,
the numbe , date, and amount of which are shown in Schedule A,
does hereby insure
the parties named as Ins ed in Schedule A, together with each successor in ownership of any
indebtedness secured by an mortgage or deed of trust shown in Schedule B, the owner of which
is named as an insured, an any such owner or successor in ownership of any such indebtedness
who acquires the land des ribed in Schedule A, or any part thereof, by lawful means in satisfac'
tion of said indebtedness 0 any part thereof, and any person or corporation deriving an estate or
interest in said land, as an err or devisee of a named insured, or by reason of the dissolution, merger,
or consolidation of a corp ate named insured, a gainst loss or damage not exceeding the amount
stated in Schedule A whic any insured shall sustain
by reason of title to e land described in Schedule A being veSted, at the date hereof,
otherwise than as her' stated; or
by reason of unmarke bility of the title of any vestee to said land, at the date hereof,
unless such unmarketab ity exists because of defects, liens, encumbrances, or other matters
shown in Schedule B; r
by reason of any defec in, or lien or encumbrance on said title, existing at the date hereof,
not shown in Schedule ; or
by reason of any defe 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 ffects the lien or charge of such mortgage or deed of trust upon said
land; or
by reason of priority, t the date hereof, over any such mortgage or deed of trust, of any
lien or encumbrance up n said land, except as shown in Schedule B;
all subject, however, to S edules A and B and the stipulations herein, all of which schedules
and stipulations are hereb made a part of this policy.
In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and
seal to be hereunto affixed y its duly authorized officers, on the date shown in Schedule A.
TITLE INSURANCE AND TRUST COMPANY
StM.~ .... O'~
by
~ .. . . PRESIDENT
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Attest......__._ __________...___..____._.___.__.___ _....___.____._.____.. .._n___
SECRETARY
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FORM 398-3-41-50M Affix I. R. S. $.m",_;u'~""':m..:...
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In (:on~ibtration of $.uu u~9.'!.QQ..mmmhu, receipt of which is acknowledged,
ARTHUR WIILIA-,\( T and CLEO S'l'f.cIA mIDT ~ husband and wif'e
dou..u ...... ....hereby grant to.m.... ... u.... mu.......... ..u.u.. ......u.. ........ ....... ....m..u "'U".. .U..mm............mmu..mu...... ......... m"O"m.',
CrTY OF SA1'iTA ONICA~ a municipal corporation
the real property in the................ ..~~.Y...o.fu.~~~.~.M.<?~~~.~.......... ..u...uCounty oL.....J,.().~..~~~~J~.~..........m.......!
State of California, described as:
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Lot 217 in Tract 9903 City of Santa Monica" County
of' Los Angeles" State of' California. as per map re-
corded in ook 138 P!-ges 25-28 inolusive of Maps in
the offioe of the County Reoorder of said County
Subject to second installm9nt general and speoial taxes
for 1944-4
Subject to conditions" restriotions~ reservations. ease-
ments" ri ts and rights of' way of record ,
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Form 1012-A 9-44 80M . MEB .' e
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SCHEDULE A
Amount $1500.00 --- D te February 10, 1945 at 8: 00 A. M. Policy No. 2132214
INSURED
CITY OF SANTA MONI A, a municipal corporation.
1. The title to said 1 and is, at the date hereof, vested in
CITY OF SANTA MONI A, a municipal corporation.
2. Description of la d in the County of Los Angeles, State of California, title to
which is insured by his policy:
Lot 217 of Tract in the City of Santa Monica, as per map recorded
in Book 13g Pages inclusive of Maps, in the office of the County
Recorder of said
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Form 1002-B-l 8-44 9011 . .' e
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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 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:
1. Second installment of general and special County and City taxes for
the fiscal year 1944-1945, amount $37.76. Included are levies for Santa
Monica Municipal Improvement District No.1, created for City Park.
2. Covenants, conditions and restrictions contained in deed from Title
Guarantee and Trust Compan,y, recorded in Book 1215g Page 29, Official
Records, which conditions provide that a violation thereof shall not defeat
or render invalid the lien of an.r mortgage or deed of trust made in good faith
and for value.
3. An action wa commenced December 29, 1944, entitled United States of
America, vs. Gra e B. Severy, et al, to condemn and acquire fee simple to
said land, Case o. 4134, United States District Court, Central Division,
Civil.
Notice of penden y of said action was recorded January 2, 1945, Document
No. 29.
Page
Form 1002-Ci 9-44 lliM . "' e
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STIPULATIONS
SCOPE 1. This policy does not insure against, and the SUBROGA TION 4. Whenever the Company shall have set-
OF Company will not be liable for loss or damage UPON PAYMENT tied a claim under this policy, it shall be
COVERAGE created by or arising out of any of the follow- OR SETTLEMENT subrogated to and be entitled to all rights,
ing: (a) defects, liens, claims, encumbrances, or other matters securities, and remedies which the insured would have had
which result in no pecuniary loss. to the insured; (b) defects, against any person or property in respect to such claim, had
liens, encumbrances, or other matters created or occurring this policy not been issued. If the payment does not cover the
subsequent to the date hereof; (c) defects, liens, encumbrances, loss of the insured, the Company shall be subrogated to such
or other matters created or suffered by the insured claiming rights, securities, and remedies in the proportion which said
such loss or damage; or (d) defects, liens, encumbrances, or payment bears to the amount of said loss. In either event the
other matters existing at the date of this policy and known to insured shall transfer, or cause to be transferred, to the Com-
the insured claiming such loss or damage, either at the date pany such rights, securities, and remedies, and shall permit
of this policy or at the date such insured claimant acquired an the Company to use the name of the insured in any transaction
estate or interest insured by this policy, unless such defect, or litigation involving such rights, securities, or remedies.
lien, claim, encumbrance, or other matter shall have been dis-
closed to the Company in writing prior to the issuance of this OPTION TO PAY 5. The Company has the right and
policy. Any rights or defenses of the Company against a INSURED OWNER option, in case any loss is claimed
named insured shall be equally available against any person OF INDEBTEDNESS under this policy by an insured owner
or corporation who shall become an insured hereunder as AND BECOME of an indebtedness secured by mort-
successor of such named insured. OWNER OF gage or deed of trust, to pay such
DEFENSE OF 2. The Company at its own cost shall defend SECURITY insured the indebtedness of the mort-
ACTIONS the insured in all actions or proceedings against gagor or trustor under said mortgage or deed of trust, to-
the insured founded upon a defect, lien, encumbrance, or other gether with all costs which the Company is obligated here-
matter insured against by this policy, and may pursue such under to pay, in which case the Company shall become the
litigation to final determination in the court of last resort. In owner of, and such insured shall at once assign and transfer
case any such action or proceeding shall be begun, or in case to the Company said mortgage or deed of trust and the indebt-
knowledge shall come to any insured of any claim of title or edness thereby secured, and such payment shall terminate all
interest adverse to the title as insured, or which might cause liability under this policy to such insured.
loss or damage for which the Company shall or may be liable NOTICE OF 6. A statement in writing of any loss or damage
NOTICE OF by virtue of this policy, such insured shall at
ACTIONS once notify the Company thereof in writing. LOSS for which it is claimed the Company is liable
OR CLAIMS If such notice shall not be given to the Com- under this policy shall be furnished to the Company within
TO BE pany at least five days before the appearance sixty days after such loss or damage shall have been ascer-
GIVEN BY day in any such action or proceeding, or if LIMITATION tained. No action or proceeding for the re-
THE INSURED such insured shall not, in writing, promptly OF ACTION covery of any such loss or damage shall be
notify the Company of any defect, lien, encumbrance, or other instituted or maintained against the Company until after full
matter insured against, or of any such adverse claim which compliance by the insured with all the conditions imposed on
shall come to the knowledge of such insured, in respect to the insured by this policy, nor unless commenced within
which loss or damage is apprehended, then all liability of the twelve months after receipt by the Company of such written
Company as to each insured having such notice in regard to the statement.
subject of such action, proceeding, or claim shall cease and ter-
minate; provided, however, that failure to so notify shall in PAYMENT OF 7. The Company will pay, in addition to
no case prejudice the claim of any insured unless the Company LOSS AND any loss insured against by this policy, all
shall be actually prejudiced by such failure. The Company COSTS OF costs imposed upon the insured in litigation
shall have the right to institute and prosecute any action or LITIGATION. carried on by the Company for the insured,
proceeding or do any other act which, in its opinion, may be INDORSEMENT and in litigation carried on by the insured
necessary or desirable to establish the title, or any insured OF PAYMENT with the written authorization of the Com-
lien or charge, as insured. In all cases where this policy per- ON POLICY pany, but not otherwise. The liability of
mits or requires the Company to prosecute or defend any the Company under this policy shall in no case exceed, in all,
action or proceeding, the insured shall secure to it in writing the actual loss of the insured and costs which the Company is
the right to so prosecute or defend such action or proceeding, obligated hereunder to pay, and in no case shall such total
and all appeals therein, and permit it to use, at its option, liability exceed the amount of this policy and said costs. All
the name of the insured for such purpose. Whenever request- payments under this policy shall reduce the amount of the in-
ed by the Company the insured shall assist the Company in surance pro tanto, and payment of loss or damage to an in-
any such action or proceeding, in effecting settlement, securing sured owner of indebtedness shall reduce, to that extent, the
evidence, obtaining witnesses, prosecuting or defending such liability of the Company to the insured owner of said land.
action or proceeding to such extent and in such manner as is No payment may be demanded by any insured without produc-
deemed desirable by the Company, and the Company shall re- ing this policy for indorsement of such payment.
imburse the insured for any expense so incurred. The Com-
pany shall be subrogated to and be entitled to all costs and MANNER OF 8. Loss under this policy shall be payable,
attorneys' fees incurred or expended by the Company, which PAYMENT OF first, to any insured owner of indebtedness
may be recoverable by the insured in any litigation carried LOSS TO secured by mortgage or deed of trust shown
on by the Company on behalf of the insured. The word INSURED in Schedule B, in order of priority therein
"knowledge" in this paragraph means actual knowledge, and shown, and if such ownership vests in more than one, payment
does not refer to constructive knowledge or notice which may shall be made ratably as their respective interests may appear,
be imputed to the insured by reason of any public record or and thereafter, any loss shall be payable to the other insured,
otherwise. and if more than one, then to such insured ratably as their
OPTION TO 3. The Company reserves the option to respective interests may appear. If there be no such insured
PAY, SETTLE, OR pay, settle, or compromise for, or in the owner of indebtedness, any loss shall be payable to the in-
COMPROMISE name of, the insured, any claim insured sured, and if more than one, to such insured ratably as their
CLAIMS against or to pay this policy in full at any respective interests may appear.
time, and payment or tender of payment of the full amount of WRITTEN 9. No provision or condition of this policy
this policy, together with all accrued costs which the Company
is obligated hereunder to pay, shall terminate all liability of INDORSEMENT can be waived or changed except by writing
the Company hereunder, including all obligations of the Com- REQUIRED TO indorsed hereon or attached hereto signed by
pany with respect to any litigation pending and subsequent CHANGE the President, a Vice-President, the Secretary,
costs thereof. POLICY or an Assistant Secretary of the Comp~ny.
.
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