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P-466 . e .-. e " "t...DBBD :rOe 466 ,;... - "" ,. , . . '. , '" "! . R2S0LUTIOlJ 1:0. 3 594 R:.SOLUTION AGCrrTL'G GR.J.~T DE'I; l:RO~I HEBRY C. MITTENZWEI AND ANNALEW E. MITTENZWEI, HUSBAND AND WIFE, J\a-~.JPP.-'lloDJ.ln1.g. T}D": CITY COUl1CIL 0:: S:L" CITY ur 8.,.11'1';. iIOnC:. W:'::'::Y.CSOL1f~~S: That the Annexed Gr<:mt De:; ,;d fron Henry C. M1ttenzwe1 and Anna~ew E. M1ttenzwei" husband and w1re, a-e-J-eio1'l1;-1;.1'lARi;8" conveying to the City of Senta Fonicn all that real prop8rty situ- ated in the City of Santa Lonic8., County of.' Los !:ns::-les, State of California, described as follows: Lot Thirty-one (3~) in tract number 8379 in the City of Santa Monica, Copnty of Los Angeles, State of Calitornia, as per map recorded in Book 113 pages 54 to 56 inclusive ot I1faps" in the office of the County Recorder of said County. be, and tho s~me is, heroby accepted. 1 TIS FUiU'I::::R H=~SO LV:';;',] : That the Gomnissioncr of Public Snfety, ex-officio :ayor, be, anc he hereby is, authorized Dnd instructed to execute the /.nnexcd AccelJt2,nce of Gl~:.nt ::Jeed, and. . that the Connnissioner of l"ina~lce, ex-officio City Clerk, ex-officio Clerk of the City Counctl of the City of S2ntJ. ;;onica, be, and he hereby is, authorized end instructed to attest the s GaG and affix the seftl of the City of Sante' Lonico. thereto. That the Co~wission8r of ?ublic 5~fety, ax-officio Mayor of the City of S,mta Lonie8., be, end he hereby is, authorized " nel instructed to certify to t11e 2doption of th5.s resolution, Dna the I C ommi s s ioner of 1.'in:;mo e , ex-officio City Clerk, ex-officio Clerk of the City Council, be, ~nd he hereby is, ~uthorized ~nel instructed to attest the same. . De e J .,&. /2., t., -I- I . ~ ~ ~ e . II> - ..) ~ . . ~OPTED this 1st day of February , 1945, by the following vote: AYES.: FREElLAR. JlILLIXEN. WRRAY NOES: NOllE ABSENT: "GlIB ~ .;. (, . . . 1 CO~fetY. ex- : officio Mayor of the City of Santa Moni:..a. ATTEST: Commissioner 0 F ance, ex-o f cio City Clerk, ex-off" cio Clerk of the City Council of theOity of Santa Monica. Approved as to form this let day of Pebruar71 1945. ~ /?~. ~ i C. ve :'1mence, ~lii'~ 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 Konicn at a regular meeting of said Council held Pebruar7 1ft. I 1945. Subscribed and sworn to before me ~ this (let , day, of February' 1945,. (~-~~,)Yv(;:/lh~ . ory ub 1C in and for t said , County and State. / Mv rorr:rnis"lor f~r'Tr,,,: riL~', 17. 1948 - 2 - ~6, - ,. .. . . J i " - , . I < ' - (. . -: - . -" ACCEPTANCE OF GRANT DEED :- . The Annexed Grant Deed 1s hereby accepted this 1st day of Jle'brual'J' .. 1945. CITY OF SANTA MONICA, a municipal corporation.. Safety, ex- .ty of Santa. inance.. ex-of'flc 0 ficio Clerk of tho City Council of the City of Santa Monica. Approved as to form th~s let day of 7ebruar7 , 1945 ~~<::~/~ - Carve, . orrenee.. 1 y A orney - STATE OF CALIFORNIA ) I ) ss. I COUNTY OF LOS ANGELES) On tbis 1st day of February , 1945, b0forc me, the undt:rsigned.. a Notary Pub lie in and for the County of Los AJ:lgeles.. Statoof California.. residing therein.. duly co~uissioned and sworn, personally appeared 1. J. MURRAY.. Imowl1 to me to be tho Connnis- sioner of Public Safety.. ex-officio Mayor of the City of Santa Monica.. a municipal corporation, whose name is subscribod to the forogoing Acceptance of Grant Deed, and he acknowledged to mc 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 s(lid ).st d(lY of February , 1945.. per- sonally appeared beforo me.. D. C. FREEMAN.. known to mc to be the Corrilldssioner of Finance, ex-officio City Clerk, ex-officio Clerk of the City Council of the City of Santa Monica.. and he acknow- ledged to me that he attested said Acceptance of Grant Deed and affixed the seal of the City of Santa Monica thereto. IN WITNESS vTIffiREOF, I have hereunto set my hand and affixed my official seal tho day andye~! first hereinabove written./,/ - r -- " ~~j ~ ;JJU-c/~r4*_ i Notary Public in and for sait ~~ / County and State. r> 'j Ccmmlssion Expires ilt:;., '.7 . .<> -3- ,-/6" ,--~_..- - . < Affix 1. R. S. FORM 398-3.41-50/01 . ~. !!' t ~rau.t mrr~ 3Jn C!omdbtration of $...)Q.~.Q.9___....__.____...__, receipt of which is acknowledged, HENRY C. MITTE1IZWEI and AlrnAIE~ E. MITTENZWEI. husband and wire do....__.... __... .hereby grant to..... 9I T.y.. 9[:'... ~N{;r!, . Jt9N J gf~,~.. .f):. .1~l~!J. ~ j:p' ~l J... ~.<?.r.P.9.~.~~ ~.9.~...... no................... .... __........ the real property in the..__G:i,tY:..9J:__,S.@:~?c.J'19PJ.Q.(~.l...._________..______ __...:__...County oLA-!9.9__.A;t;u;.'?J::.9.____.___..__..h__....____.__, State of California, described as: Lot Thirty-one (31) in trs ct number 837S) in the City of Santa Monica" County of Los An{!;e1es, stato of CaliforrJia, as per map recorded in Book 113 pages 54 to 56 inclusive of 5, in the o1'fi co of the C01.mty }:ecord8r of said COlmty . 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"pJJRJddll AlPmomd 'AlunoJ pplS JOJ pUll U! ;)!lqncI A.Ill~ON 'll '----....n..--........mm.---.nn--...--n---mm...m.m--m--."pij~1.~~e.ptm.--a_q!f.--.____m.mm.........______.... ';}W JJOJ"q '.------.--gj..61 '----.."mun.--.......m--....m.h..--n...K.i-antrnr"mJO Allp...n.--."m--...-m"t{'lBtn--...--SPll uO ... {-.uu...u..........S3iSB~~~;OJ;J~;O :~3:;~ Form 1012 9-44 60M . e t I . . ] . ~ .. ): . . California Land Title Association Standard Form Cop~ght 1938 '(T.I. Revision 4-44) " . . Policy No. Title Insurance and T rus t 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 descnbed 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, nmshowninScheduleB;oc 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 aeed 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 Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly author~ed officers, on the date shown in &hedule A. TITLE INSURANCE AND TRUST COMPANY by SlM.6A-\ ~O' ~ ~~ Attest....m___.......__....____........__....___.........._...__.___....____.__.. SECRETARY t/ &L? - "' I - --- --- --- Form l012-A 9-44 80M . MEB e 1 I I J I 0( . . SCHEDULE A . . Amount $ 1500.00 --- Date February 14; 1945 at 8: 00 A. M. Policy No. 2132130 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 31 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. c/Lro 1 Form 1002.B-l 8-44 90M . e I , . ". I r ~ . . SCH.&DULE 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. [BJ 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 $9.08. jlncluded are levies for Santa Monica Municipal Improvement District No.1, created for City Park. 2. Such rights as the owners of other lots in said tract may have to enforce the general plan of covenants, conditions and restrictions as set forth in the Declaration executed by the Taft Land and Development Company, recorded in Book 4492 Page 11, Official Records, and incorporated by reference in deeds of record from the Taft Land and Development Company, conveying other lots in said tract, among them being the deed recorded in Book 5118 Page 163, Official Records. 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 . e Form 1002-C-l 9-44 66M . 1 . , .^ , , > . .-- < 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- clo~ed to the C?mpany in writing prior to the issuance ?f this OPTION TO PAY 5. The Company has the right and polIcy. .Any nghts or defenses of .the Coml?any agamst a INSURED OWNER option, in case any loss is claimed named Insu~ed shall be equally avallab~e agaInst any person OF INDEBTEDNESS under this policy by an insured owner or corporatIOn who shall become an 10sured 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 in~ured the indebtedness of the mort- ACTIONS the insured in all actions or proceedings against gagor or. trustor under ~ald mortgage or ~eed ?f 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, 10 w~lch case the Company ~hall become the litigation to final determination in the court of last resort. In owner of, and suc~ 10sured shall at once assign and t:ansfer case any such action or proceeding shall be begun, or in case to the Company said mortgage or deed of trust and th: mdebt- knowledge shall come to any insured of any claim of title or e.dn:s.s thereby se.cured! and such .payment shall termmate 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 by virtue of this policy such insured shall at NOTICE OF 6. A statement In wntmg of any loss or damage ACTIONS once notify the Compa~y thereof in writing. LOS~ . for which it is c.1aimed the Company is I!ab.le OR CLAIMS If such notice shall not be given to the Com- under this polIcy shall be furmshed to the Company wlthm TO BE pany at least five days before the appearance sixty days after such loss or d~mage shall ha.ve been ascer- GIVEN BY day in any such action or proceeding, or if LIMITATION tained. No actIOn or proceedmg for the re- THE INSURED such insured shall not, in writing, promptly .OF. ACTION .cov.ery of a!ly such loss or dama.ge shall be notify the Company of any defect, lien, encumbrance, or other mstItu.ted or mamt,!-med agal.nst the Compa~y: untI.1 after full matter insured against, or of any such adverse. claim which comp.lIance by the I.nsure~ With all the conditions Impose~ ~n shall come to the knowledge of such insured, 10 respect to the Insured by thiS polIcy, nor unless commenced wlthlD 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 sha,n be s.ubrogated to and be entitled to all. costs a.nd MANNER OF 8. Loss under this policy shall be payable, attorneys fees Incurred or e;cpended. by the ~?mp.any, wh!ch PAYMENT OF first, to any insured owner of indebtedness may be recoverable by the msured 10 al!y lItIgatIon carned LOSS TO secured by mortgage or deed of trust shown on by the Company on behalf of the lDsured. The word INSURED in Schedule B in order of priority therein "knowledge" in this para~raph means actual k!1owled,ge, and shown, and if such ownership ve~ts in more than one, payment doe~ not refer to c<?nstructIve knowledge or notice. which may shall be made ratably as their respective interests may appear, be Imp~ted 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 insu~ed PAY, SETTLE, OR pay, settle, or compromise for, or in the owner of Il!debtedness, any loss shal~ be payable to the II!- COMPROMISE name of, the insured, any claim insured sured, !Ind. If more than one, to such msured 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 this policy, together with all accrued costs which the Company WRITTEN 9. No provision or conditioll of this policy 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 Company. %-L~ .. . . e ~ # or . - . . '. . TRRCT N~ 8379 M.B. //3 - 5'4 70 56'. LOTS / TO 5"6. THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. o/&fc -