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P-449 . S.~.DIED. #44~ " .~ e . .... I <\. . , . ~ .. ~ ~ R2S0LU'nOlJ EO. 3560 ~::.SOLUTION LCC::I:"I'F"G GR...FT ~:RO=I JOHN R. FREE- LAND AND ,MARY N. FREELAND, HIS WIFE, ,A.&.~M'- .lf~.g.. 'i'}r:~ CITY CJUnCIL 0:;:' ~.L. CI'l'Y JP S..ilTf.',IOlICL E,.::,Y::~3')LV:S; Tha t the j.mnexocl Gl",U1t D,j ':;d fron John Ii. Freeland and Man' N. :Freeland, his wife, &oe-~~~ conveying to the City- of S2.nta. 1:onic& all that real prO\-;'l;rty situ- ated in the City of Santa ~onica, County of Los !ngjles, State of California, described as follows: Lot Ten (10) of tract number 8379 in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 113 pages 54 to 56 inclusive of Maps, in the office of the County Recorder of said County. be, ,-".nd tho s :lue is, heroby accepted. l'I' IS FUilTILR fLSOIX:..:D: That the Commissioner of Pu'blic Sr:fet'jT, ex..:. officio .a:"or, be, and he hereby is, nutllOrized end instructed to execute the Jinnexoc!. l,cce:;:Jti'nce of Gr,.cnt Deed, anc~, that the Commissioner of iina~lCe, ex-officio City Clerk, ex-officio Clerk of the City Council of the City of S2nta Monica, be, and he , her8by is, authorized C:.nd instructed to o.ttest the S,:U;le and affix the seal of' the C i t7 of Sant"" lionJ..ca therGto. .. That the Cmnmissioner of ~"'ublic &ccfety, ex-officlo llayor of the City of Se.nta J onic2" bG, end he hereby is, authorized :nd instructed to certify to the 2,doption of this resolution, ;:'1'10 the Commissioner of j,'in;:;.nce, ex-officio City Clerk, ex-officio Clork of the City Co~mcil, be, ~nd he hereby is, ~uthorized ~nd instructed to attest the same. -1- pee d !:I- <1-<;19 ~ -- -~- ~~ ~~ _1 . , ~ . 4 ~ , ~ . " 'I " -: ACCEPTANCE OF GRANT DEED :- The Annexed Grant peed is hereby accepted this 31st day of Januar~ I 1945. CITY OF SANTA MONICA, a municipal corporationl io SafetYI 6X- City of Santa ATTEST: Commissio er of inancel ex-off I io City Clerk, ex-of icio Clerk of the City Council of tne City of Santa Monica. Approved as to form this 31st. day of January ,1945 (;t.~~~ ~~5' Car. . To.crenc e I ' J. Y orney STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) On this 331st day of January I 19451 before me, the undcrsignedl a Notary Public in and for the County of Los Angelesl State of Californial residing thereinl duly cowJuissioned and swornl personally appeared L. J. I~RAY, known to me to be the COm~is- sioner of Public SafetYI ex-officio Mayor of tho City of Santa Monical a municipal corporationl whose name is subscribed to the I foregoing Acceptance of Grant Dcedl and he acknowledged to me that he executed the same on behalf of said City of Santa Monica, pur- suant to a resolution duly adopted by the City Council of the City ~ of Santa Monica, and on said 31st. day of January I 1945, per- sonally appeared before mOl D. C. FREEMAN I known to me to be the Commissioner of FinanccI ox-officio City Clerk, ex-officio Clerk of the City Council of tho City of Santa Monica, and he acknow- ledged to me that ho attested said Acceptance of Grant Deed and affixed the seal of the City of Santa Monica thoreto. IN WITNESS WHEREOFI I have hereunto set my hand and affixed my official seal the day and ~~.r first hereinabove written. ( --- /" My (;onu\'U::;~Hln Exp.:2'~ ~\l.i~. 1 j, 1';:)43 1 I \ / \ - 3" ?I <I 1/.7 .... . I. · I e 4' " .. e' .~ '. __A ~ ~OPTED this 'U,st day of January .1 1945, by the following vote; AYES: Freeman, Milliken, Murray NOES: None ABSENT: None uli Safety" ex- Mayor of the ty of Santa Moni.a. ATTEST: Comraissioner 0 inanee" ex-officio City Clerk" ex-o fieio Clerk of the City Council of e City of Santa !\'Io ica. I Approved as to form this 31 at day of January .1 1945. ~~//?/'~~ --~_.. Ca ve C. Torrence" i y Attorney. STATE OF CALIFORNIA ) ) SSe COUNTY OF LOS ANGELES) I, D. C. FREEMAN" Hereby certify that I am the Commis- 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 full" true and correct copy of that certain resolu- tion adopted by the City Council of the City of Santa Monica at a regular meeting of said Council held January 31st, , 1945. ~ Subscribed and sworn to before me this ~lat day of Janua.ry" 1945. f ,'.-., ,/) \j - 2 - \ - J/c/f ~--~ .-J . . - FORM 398-3.41-50M Affix I. R. S. $n..........n.!V~,;J~....,.. -1~J'rJ ' \,j" / . , ~ . .. ~ - ~ruut m~rb ]In ((onsibtratlon of $..10...00.m.mn......nn, receipt of which is acknowledged, JOHN R. FREELAND and MARY N FREELAND, his wif'e- do.., ... __.. __. __.hereby grant to.......,.q~.Y. __.9? __ ~~H 'fA JVjQF ~ .c.A..~...~.. .~v1~~.<?~p.~ ~. __~9-!.P.~!. ~~:~.~.~P:........ m n... __......, n........... the real property in the...____nGity..o.f...SauG.a..Jkonic.a...n........... ....____mCounty of._____Los__..Ani;eles............mn.......' State of California, described as: Lot Ten (10) of tr8ct 111...1mber 8379 in the City of Santa Nonica. 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P.. __.._. _ __ _ _. . _ ___ _. _ ~ _ ~ _ __ _ _ _. _ _. _ _ _. ~.. _ _ _ _... _ _ _ _ + _ _ _. . _. __ __ _ ~ _ _ _... _. _. _... ._-----._....~_._---_._.... -----....... ._-----~--- -....... ----.. --.... ._--.------- ......------- - ..-.-...--.-.....-.-.--...-....-- -..... -- - --~ -_.-.-. -- - -- -...._--- -.-.. -- ----._-- -- -.-.-. --..- - - ----- -.-. - nn n n.n '-' h n n nmu -. - - n - n. --... m n. - nm'" -p1i9-iee'~h'~Nn.l:ili)1"pti9mplii'te'e~in.'iihtitio'F mp~.IllOlddE AIIl1uomd 'A~unoJ P!l1S JOJ pUll U! :l!}qnd: .A.Il1~ON 11 'n:--.w..m.m.mmhmm.n.peu21ts.Jeptti"C"e'q~---n--w-.n--nunm-----m--.....nn....nw____...n.___._.h... '~m OllOJ"q 'mnngfm-61 '.m-.m-mm--n.-...nmm.n.h--"A:j:lintt9r.uwnnuJO Al1pnhuh......m.hn....-t[q.I.t---h..S!q~ UO ." {----UUU-----------..t02~;;::J,~~;OJ~~:;~ I Form 1012 ~-44 60M, . . e I. .. . f California Land Title Association Standard Form Copyright 1932 (T.I. Revision 4-44) . Policy No. Title Insurance and Trust Company a corporation of Los Angeles, California, herein called the Company, .. for a valuable' consideration paid for this' policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, 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 satisfac' tion 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 dissolution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding the amount stated in ,Schedule A 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 unmarketability 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 oeed 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 stipulations are hereby made a part of this policy. In Witnes~ WheTeoj, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, on the date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY S '"^^- 6A\ r O'~ by ~ .~ PRESIDENT Attest__.._.._.._._m.._...~.~:'.. ".._~ SECRETARY ~rt'J 4LW ).;;~ ---------------- -- - ..- ----- ---- ---- Form 1012-A 9-44 80M . MEB e . " . ... . . SCH"EDULE A Amount $ 1500.00 --- Date February 10, 1945 at 8: 00 A. M. Policy No. 2132109 INSURED CITY OF SANTA MONICA, a municipal corporation. 1. The title to said land is, at the date hereof, vested in CITY OF SANTA MONICA, a municipal corporation. 2. Description of land in the County of Los Angeles, State of California, title to which is insured by this policy: Lot 10 of Tract No. 8379, in the City of Santa Monica, as per map recorded in Book 113 Pages 54 to 56 inclusive of Maps, in the office of the County Recorder of said County. ~ -..- -.- - - -- - - - - - - -.- .- --- - Form 1002-'-1 8-44 090M . e . I . . . - 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 C~urt. 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 show? by tho~e public records ",:hi~ im~art construc- tive notice, but which could be ascertained by an inspectIOn of said land, or by making mqUlry 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 su?jec.t s~own ~n 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 $13.91. Included are levies for Santa Monica Municipal Improvement District No.1, created for City Park. 2. Covenants, conditions and restrictions imposed by deed from Guaranty Building and Loan Association of Los Angeles, recorded in Book 10414 Page 82, Official Records, and as set forth in Declaration of Restrictions executed by Taft Land and Development Company, recorded in Book 4493 Page 11, Official Records, which conditions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. In Book 16546 Page IOl, Official Records, appears the record of an instru- ment executed by Guaranty Liquidating Corporation and Sierra Loan and Mortgage Corporation, purporting to modify the foregoing restrictions. 3. An action was commenced December 29, 1944, by United States of America vs. Grace B. Severy, et aI, to condemn and acquire in fee simple said land and other property, Case No. 4134, United States District Court, Central Division, Civil. Notice of pendency of said action was recorded January 2, 1945, Document No. 98. Page f4(v Form 1002-;-1 9-44,,6M . . e . E , . , . .. . - STIPULATIONS SCOPE 1. This policy does not insure against, and the SUBROGA TION 4. Whenever the Company shaIl 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 anq 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 j 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 shaIl 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 shaIl 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 shaIl 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 shaIl 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 LIMIT A TION tained. No action or proceeding for the re- THE INSURED such insured shaU 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 aU the conditions imposed on shaIl 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 aU 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 shaU cease and ter- minate j provided, however, that failure to so notify shaU 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 shaU be actuaUy prejudiced by such failure. The Company COSTS OF costs imposed upon the insured in litigation shaU 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 aU 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 shaU in no case exceed, in all, action or proceeding, the insured shaIl 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 aU 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 shaU 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 shaIl 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 shaU re- ing this policy for indorsement of such payment. imburse the insured for any expense so incurred. The Com- pany shaIl be subrogated to and be entitled to all costs and MANNER OF 8. Loss under this policy shan 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 ~hown, and if such ownership vests in more than one, payment does not refer to constructive knowledge or notice which may shaU 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 fuU at any respective interests may appear. time, and payment or tender of payment of the fuIl amount of No provision or condition of this policy this policy, together with all accrued costs which the Company WRITTEN 9. is obligated hereunder to pay, shaU terminate aU liability of INDORSEMENT can be waived or changed except by writing the Company hereunder, including aU 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 Company. tilt .. I' t . . e .. , , . ,. . . .. . , . ~ . . ~. . '. ~~ , \ T R RCT N~ 8379 1"1.8. //3 - 5"4 TO S6', LOTS I TO 56, THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. '/I-f