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P-541 .':f :\),r;;",,~.'~~'''' ,,' , ~ ' : \~':ll ~it.J) 41 RJSOLUTION NO., ,1?" , RESOLUTION AQ(:lEPTING CORPORA-TION GRAN'l'", !)EED, FROM THE PACIFIC ELmTRIC RAILWAY COMPANY.' . . , :, ;, . " " "~' : . ", .' c .~ ,;I. ". ~_', f THE CITY, OOUNCIL OF THE CITY OF SANTA MONICA HEREBY JlES'OL~" ':_<5> ' " ',~ '--.'~:,."" That the A.nnexod Corporation~ramt Deed~'fA.1>Ad~(' EJi..El:,TfiC'RAILWAY COMPANYI a oorporati-cmorganized .under ,the"la..: i' of the state of Ca1ifornia, oonveying to th. City, ()f'S~tllL,'lto~~e.. , all that re-+. ,.pro-perty situated in the City of Santa.om!(.~, , . :,' ::, ' :.' :.,: . ,',,_:,~;~:-,,-'<',,:',',;:~ County of Los Angeles, State of Californial de8crfbed.:;ts; .fo1.~e,s=: PARCELl ", .~ Those portions of Lots 43,' 46 and 47. of the Aanta, Monica Land and Water Co. Tractl ~: per ,ma~';r"- ';~~ .;. oorded in Book 78, Fage 44 et seq.i. or 1I1.~e~J..ane:ou'''' . Reoords. 1n.,the otfioe ,of the OounttBee.order.'.o:t' sald County, d eJilcribed as tollows: ;"" , ,,'.~' '. " -h 'J'<'" That portion of the' 50-foot strip o,fJ.8.J;ld l~, "'C,, " ,.' between the two roadways of San Vicente Boulel104..'< ':,.. former.ly San Vicente Roadl marked ,lINot a p~ ~ti"tbti', Trae,t If on the map of Ridgeway Te!'race I reco-~dl\>>."" Book 12 I page 157 of Maps I ih the of.flco' oft~<'""~ County Recorder of said County, that l1es No~ " . easterly of the oenter line of 17th Street. . ~.';::'f'" ""i;"\.,,,/ '. PARCEL~II ,';~;':~:'f.: Those portions of Blocks 46 and 48\ot: the' .Santa.~.._:f~a Land arid Water Co." Tract I as permap'.rec()!'~ed',~"ajok 78, Page 44 at seq., ot MiSCellaneous Recoz-d8 lnth. office of the Oounty Reoorder of 8a:1dO([)unt.,; 1!).c;Ltid...., ing ,Lots E and F of The Pallsades,,:aapel" ma.ll,l;'e~ord,e4 in Book 8, Page 32 of Maps, conveyed .~, LQ-It. _gel.. / " Pacifio Company. by 'deed recorded 1nBook '56." ,~;page"'>; . 295 of Deed$. am,d d."c!'ibed there1l. a.- follmt'\c" . ' .. . ',,~' '." 1_ '.'.:, . , '-, <,'-,::'::> .:>;~".' ::.,,~~,:,.';,>' :::',:. :' :^:.:~<J'---'<'~/ ,'.:'t~..,,, A str,"p of land 5Q. feet in widt:p. bounded;:~~~~,~1foi'th', '8Jld South sides . ,by . lines measured 2$,;' f'eet'.:f:"~~ti ' angles, from and on eaeh side ot- oent~r J,J.n,e o:tJ~-, yard known as' "San Vicente .Rd" now 'Den.g Cl>nSme.yd,'" fJ'om National Home, fo!' DiaabJ.ed Volunteer Bol J..-a" ttj',';, Oceaml and being 'bounded ,on Ea..tend byce;lt.f.;il'1I1e ot 17th Street (Sarl'ta Monica) 11'''' pro i ec-t'idand.n Wejtt end by East line of Ocean Avenue . Stiltdon.1ea.) said center line,' of said boulevard beiJ1'i desc:r.1~ ,as" follows: .. " . Beginning at a point in the center l.ine of 17th' Street (Santa Monica) it projee~edat l.t~J'13.:t;e~ section w~th the cente!' lineot' sa1~ bou1e~~:,~..t -1- ~ r, '<.'. :i'"'" ~: . ..' .. , " ~' < ;-'f' <. '',. -" '-" '-'" .:_,t"",,':i, Station 174+35.5 of said boul..ardf tb-.~~~th' ,~:,,>;, r 460 90t West 1176.7 feet to Station ;1.8'6+.12.2; ~,t1D.enc. Southwest on 30 cur.e te left 1065.S -teet 'to Stati()m. ' 196+78; thence South. 140 12' Weat 127J...6 feet to ",;.,.: :-/(.~ Station, 209+49.6; theneesouthwest on a 3d' i~-q;t'V., ~{:~';;";';"/<; the right 930.5 feet to Station 218+80.i,; .the...' ' ' ." ;i:, 420 06' West 2i80.2 feet to Station 240~60.3;'ibM1ee' . South on 390 foot radius curve ,404.4 feet to Sation 244+64.2 of said boulevard at its interseetioll'swith the East line of Ocean Avenue (Santa Monie"h~' be, and the same 1s, hereby acc.epted. IT IS FURTHER RESOLVED: ~1f t;n,e O,ommis,..ioner:Of,Pu):U1).' .,': .' '~~'~" ".:-",~.'-~,;,.,- - . Saf'ety, ex-officio Mayor, be, .and he hepeby' i.,autll.~s.dand, . ;:.; ':' " _' . :",'~"; -,_:1" ','. ;f.~_-' instructed to execute the Annexed AQ.ceptane>e of Oerperation Gran:,';" <~ ,'-.:'~_:}, -,-, : ' " - )/-::.',,:"~: Dee.d, and that the Oommis.ioner of Finan~.,.~-of1'iciO':City;o~.rk. ;, .' '<', -"':'" ex-of1'1cio Clerk 01' the Cit,. CO'QJlcil of the Oity ot. San",. be, and he hereby is, authorized and, in8t'ru.ctea~to;atte~~ < ' ',' ,,"fy:'.,,:'t'i ,." '__ ,-~ , :t- "same and affix the aeal ottne Oi ty o,t Santa Mono_ t~F.to~ " -,' ..,' .:""." '," ' That the:Comm1ss l!D$r of Pub11o~\Se;f.ty ~)i.:X-~t'fici.: ':-." Mayor of the City of Santa Monica, be. r1Z6d and instruoted to ce:rtify'to tp.e ~ tion, and the Oommissioner of Finance, , ex-officio Clerk of the City Council, be" and he .h.ere~y . authorized and instructed to attest the same. ADOPTED this 13th day oZ Jun., ing vote: AYES-: l're ..an, IUlllken, Xv raJ', NOES: Kone ABSENT: Kone " f ~ ~ ,'I.; I, I.. ~ ----~ ~. I e' . "/ . , . ..... - . Approved as to form this 1 J t.b day of June, 1945. ~~~~-~~- e C . orrenc e; City At torney . STATE OF CALIFORNIA ) ) ss. county of Los Angeles ) I, D. C. FREEMAN, hereby certify that I sioner of Finance, ex-offioio City Clerk, ex-officio ".le:t-k'df the City Council of the City of santa Monica; that the fore- going is a full, tion adopted by the City Council of the City of at a regular meeting of said Council held June Subscribed and sworn to before this day of June, 1945. My CommiS'ion Er.pi,o, Aug, 17. 194t1 , -~ . y: e- - . . . , . ..-,. .... -- ACCEPTANCE OF CORPORATION GRANT DEED :...' . The Annexed Corporation Grant Deed 1shereby aeeepte(i this13~~day of June~ 1945. CITY OF SANTA MONICA, a munioipal corporation, Co Finance, ex-offioio City Clerk, ex- fficio Clerk of the City Council of the City of Santa Jrica. Approved a' 'to form this 13th day of June, 1 45. ~~~~--~- C ve '. rrence, y, orney. STATE OF CALIFORNIA ) ) SSe County of Los Angeles ) On this 1J~b day of June, 1945, before me, 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. MURRAY, known to me to be the Conmrl.s- sioner of Public Safety, ex.officio Mayor of the City of santa Monica, a municipal corporation, whose name is subscribed to the foregoing Acceptance of Corporation Grant Deed, and heaeknow- ledged to me that he exeeuted the same on beha.lf,of said City -' >O'__...............~,._~-,~..~".,"'_,_ .,". '.,~_.'". of Smta Monica, pursuant to a resolution duly adopted by the City Council of the City of S,anta Monica, and onsa:1d l,ta day of June, 1945, personally appeared before me, D. C. FREEMAN, known -4- r~ .. r-'.- . . e- . . i . . to me to be the Commissioner of Finance, ex-OffiCi()O'~"t101erk,' ,.{ "..' ex-.offic1o Clerk of the City C(mnc11of the City of Santa Moni~a, and he acknowledged to me that he attested sa1d.Acceptance of Corporation Grant Deed andaff1;:sced the seal of the,Ci!ty of, Santa :Monica thereto. IN WITNESS WHEREOF, I have hereunto set m.yb.Q.nd and affixed my Official seal tJ:le day and year first>,l1ert;l/ln~bove written. / ' I\ui 17, 194~ My.Ccmmi:;sicin Expires . , ..50. e- ~ . ...~..'. - . . ,. '1 . ,< . . .... ' w.o. 4,5805 CORPOltA'l'IOI CJ.1WI'f DDD fte PAOIFIC 1n.EO'fRIO RAILWAY COMPAlVY, a corporation. ora...- ized Ddar the laws ot 'the S'tate ot California, and having i1;s pnnoipa1 plac~ ot business in the Cit1 of tos ageles, State ot Calitornia, the party ot the tirst part, does hereby grant to, the CIft OY SAH'1'A IlDnCA. a Mu.icipal Corporation ot the State ot Calitornia, the part1 of the second part, all that real property sltuated ill the Clt1 o,t Sata limic&, Coun.ty ot 1.os .Angeles, State ot Calitornia, described as tollows: PAItUL I ftoseportions of Lots 43, '" and 47 ot the S~.. JI'onica Land and Water Co. 'f"ract t as per _1' re-' co,rcled in Book 7S,Page, 44 et seq., ot' Jf1sce11ue01ls Records in the ottice ot the 001mt7 Recorder or said County, a.escribetas toll_s: '!'hat portion Gt the !SO-toot strip ot land 17iD& between the tlllO roa4wa1s ot San Vicente BouleTard, tormer11 San TiceateRoad, JlUl,rked "Rot a part of this Tract" on the map otIl.iqeway Terrace I recorde4 ill Book 12, Page 157 ot Jfaps, in the ottieeot the County Recorder ot said County, that lies .orth- easterly ot the center line ot 17th Street. PARCELl! 'fhose portions ot Blocks 4:6 od 4:8 ot the Sa1:1ta JbBic. Land and Water Co. Tract, as nr .p recorded in Book 78, Page 44 et $a".' of Iliace laneoua Records in the ottioe ot the Coaty Recorder ot saidCoun.ty, iltclud- ing IDts 1: and, 'I ot The Pa~i8aa.es, as per .p ".orded in Book a, Page 320t .ps, conveyed to ~8 .l.nge1es hc1fi c COlllpanr by deed reco rded in Book. 3030. pqe 295 ot J)eeds, and described therein as tollows: A. strip ot land 50 teet ill width boun.ded on the Borth and South si4es by lines measured 25 teet at right angles trom and on each s ide of oenter line ot Boule- vard known as "San Yicente lid" now bei1:18 constructed from lfational Home tor Disabled VolanteerSOldiers to Oceaa St lInd being bounded on last, _4 by center line ot 17th reet (Santa JIOnlca) it prOtected and on West end by East line ot Ocean .Avenue santa Monica) said cen ter line ot said boulevard be1n& deson bed astollon: - 1 - 5:11 e' - ~.. e . , . I . . . - . . " BeCinning at a point in the center lme ot l'1th Street (Santa .nica) 1t projected ,at its hter- seotion With tae oenter line ot said boulevard at Station l'14:"3!5.5 ot said bouleTard;tllence South 46 0'- West 1$'16.'1 teet to Station 116..12.2; tIlene.e Southwest on S curve to lett 1065.8 teet to Station 196"'18; thence South 140 12- West 12'11.1 &eetto ' Station 209.49.6; thence SouthWest on a S curve to the ript 930.5 teet to station 218...0.1; tIlence South 420 06' West 2111).2 teet to Station, 24:0.fo60.3; thellce South on $90 toot radius carve &04.4 te,t.to station 24M064.2 of said bouleYard at its inters..tio., with the1Cast line ot Ooean Avenue (Beta Jfoa1ea). ~1' to easements,. restrictions. reservatioDs. cond!.. ti01llS. and cO'Y8nants of record an4 to second i!1stallment ot 'ta%es tor the tisca1 1ear 194:4..45 an" all taxes s_sequent thereto. IN WI'l'JIESS wJ:1.l!iHl!iOF. the said party ot the tirst part has hereunto caused its corporate name and seal to be affixed by its President and ..- Seoretary. thereuto du11 authorized ,. this f}./~ 1a1.ot ~ . 1945. ~ . J By By .. . {t STATE OF CALIFORNIA, }ss. j County of Los Angeles i ~ ON THIS 21st daq of )fay . A.D.: 19 45. before me. Belva,L. Dale a Notary Public in and for said County and State, personally appeared o. A. SlII.i th , President, and Jno. J. ,Suman , Secretary, known to me, (or proved to me on the oath of ). to be the PresjSent and Secretary of thR Pacitic Bla.trio RailwaY' 'om:oanY' . the Corporlltion thltt executed the within Instrument, ~nown ~o me to be the person. who executed the within Instrument. on behalf of the CorporatIon herem named. and acknowledged to me that such Corporation executed the same, :. IN WITNESS WHEREOF. I have hereunto set my hand a y official seal the day and , a year in this certificate first above . n. i Notary Public, U, and for said County an State. ACKNOWLEDGMENT-CORP, PRIlS. 8l SII:C.-WOLCOTJ:S Fo..", 224 MY cOMMISSION EXPIRES JANUARY SO. 19'" -, RESOLUTION 379~ ') "'--- 1f'''J A R""D IJ-"A". ,,..<' ll. ". iL4 I' by MYERS DOCUniGnt YATES j\tC-ol\OEO AT REQUEST 01: tlflE INSURANCE & TRUST CO; r JUN 21 1945 at 8 ;; A.M.: ,e; ., ~- in Book.0-!..__ Page#- .r- of Official Records. County of Los Angeles, Califcrnii. Fee $ ~ "1>& PbtiO$ MAMf 8. BEATTY, Countr RmrtJIr .." ~ - ~-~ .' ,,~ , - l IJLc/~ ,// ~~il~ f ( CITY OF SANTA MONICA CORNEtIUS W. MciNERNY, JR. CITY ATTORNEY So/I , , ~~.<.- -:-~~-~,._"";"., S-I/ 'e , . ... . .ex Form 1012 2'_6 60M . ... ~- ,. . ,IIfI California Land Title Association ~ndard"Form Copyright 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 tide 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 tide 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 deed 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 Schedule A. TITLE INSURANCE AND TRUST COMPANY by SlM.~ PeAl#. 6'"'11 Attest......._.........................:.............. ......_........_......_... SECRETARY ~"B, ~'orm 1012-.<\ 2-45 80~ 'e . .. k .ec r . , ~ SCHEDULE A .. .~ Amount $30,000.00 DateJune 21, 1945 at 8:00 A . IiI. Policy No. ~17l705 ~ " INSURED CITY OF SANTA MONICA, a Municipal corporation. 1. The title to said land is, at the date hereof, vested in CITY OF SANTA BONICA, a Municipal corporation. 2. Description of land in the County of Los Angeles, State of California, title to which is insured by this policy: PARCEL 1: Thos e portions of Lots 43, 46 and 47 of the Santa LIonica Land and Water Co. Tract, in the City of Santa Monica, as per na p recorded in Book 78 Page 44 et seq. of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: That portion of the 50 foot strip of land lying between the two roadways of San Vicente Boulevard, formerly San Vicente Road, marked IJNot a part of this Tract" on the map of Ridgeway Terrace, recorded in Book 12, Page 157 of Maps, in the office of the County Recorder of said COQnty, that lies Northeasterly of the center line of 17th Street. PAHCEL 2: Those portions of Blocks 46 and 48 of the Santa Monica Land and Water Co. rrract, in the City of Santa llonica, as per map record- ed in Book 78, Page 44 et seq of lills cellaneous Records, in the office of the County Recorder of said County, including Lots E and F of The Palisades, as per map recorded in Book 8, Page 32 of Maps, conveyed to Los Angeles Pacific Company by deed recorded in Book 3030 Page 295 of Deeds, and described therein as follows: I ------------ C' 'ec.d -f s41 'e . ,e, l . l' . . , ., " .. . A strip of land 50 feet in width bounded on the North and South sides by lines measured 25 feet at right angles from and on each side of center line of boulevard known as "San Vicente Rdll now being constructed from National Home for Disabled Volunteer Soldiers to Ocean, and being bounded on East end by center line ~f 17th Street (Santa Monica) if projected and on West end by ~ast line of Ocean Avenue (Santa 1Ionica) said center line of said boulevard being described as follows: Beginning at a point in the center line of 17th Street (Santa Monica) if projected at its intersection with the center line of said boulevard at Station 174+35.5 of said boulevard; thence South 460 09' West 1176.7 feet to Station 186+12.2; thence South- west on 30 curve to left 1065.8 feet to Station 126+78; thence South 140 12' West 1271.6 feet to Station 209+49.bj thence Southwest on a 30 curve to the right 930.5 feet to Station 218~80.1; thence South 420 06' West 21S0.2 feet to Station 240+60.3; thence South on 390 foot radius curve 404.4 feet to Station 244+64.2 of said boulevard at its intersection with the East line of Ocean Avenue (Santa Monica). -- . ~4) 'e , 'e, l~orm lOU:t! 1-45 l!OM . , . ~ . .. 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. General and special County and City taxes for the fiscal year 191.~5-1946, a lien but not yet payable. 2. Seccnd instalment general and I?pecial County and City taxes for the fiscal year 1944-1945, Amount ~1,113.19, Penalty April 20, 1945 $33.39, Advertising 50t. 3. Affecting that portion of Parcel 2 in the Rancho Boca de Santa Monica: Covenants, conditions and restrictions contained in deed from Santa IEonica Land and Water Company, recorded in Book 2366 Page 144 of Deeds. 4. Affecting Parcels 1 and 2: An easement for highway purposes over that portion of said land includ- ed between the Northeasterly line and the Southwesterly line of 17th Street extended across said land, as granted to the City of Santa Monica by deed recorded in Book b808, Page 153 of Deeds. 5. Affecting Parcell: An easement for highway purposes over that portion of s aid land includ- ed within the Northwesterly prolongation of the Northeasterly and Southwesterly lines of 23rd Street as shown on map of Tract No. 1676 recorded in Book 21, Pages 102 and 103 of Maps, as granted to City of Santa L'Lonica by deed recorded in Book 454, Page 312, Official Records. 6. Affecting Parcell: An easement for sewer line over said land the Southwest erly line 0.1' , a s tr ip of land 2 feet in width being described a's follows: ..s-I{) 'e < - 'e. '" . . , . I .. ..- . 1l '. ... Beginning at a point in the Southeasterly line of said land, said point being :Northeasterly 158 feet from the most Easterly corner of the land described in .deed to the City of Santa Monica recorded in Book 6808 Page 153 of Deeds; thence Northwesterly, in a direct llne to a Doint in the Northwesterly line of said land, said point bein~ lTorth~asterly 158 feet from the most lTortrerlyeorner of said land so described in said deed to the City of Santa monica, as granted to the City of Santa Monica by deed recorded in Book 4003, Page 391, Official Records. 7. Affecting Parcel 2: An easement for sewer purposes over that portion of said land includ- ed within a strip of land 3 feet in width extending from the Easterly line to the Westerly line of said land and being 1.5 feet on each side of the prolonged center line of Lincoln Boulevard, formerly 8th Street, a s shown on map of The Palisades recorded in Book 20, PRges 150 and 151 of Maps, as grmted to the City of Santa Monica by deed recorded in Book 7895 Page 312, Official Records. .8. Affecting Parcel 2: Easements for public street purposes over those portions of said land included within the lines of 4th Street and 7th Street, as said Streets are shown on the map of The Palisades recorded in Book 8, Page 32 of Maps. 9. Affecting Parcel 2: An easement for highway purposes over a strip of land 20 feet wide, described as follows: Beginning at the intersection of the Southeasterly line of said land with the Northwesterly prolongation of the Northeasterly line of Lot 23 in .I3.lock "K" of The Palisades, as per map recorded in Book 8 Page 32 o~ ,/.a~s; ther;.ce along s aid prolongation, North 550 52 r West, to a pOlnt ~n .:the liorthwesterly line of said land; thence Northeasterly, along 88.ld ilorthwesterly line, to its intersection with the South- easterly prolongation of the Southwesterly line of Lot 21 in Block "M" of' said "The Palisadesl!; thence along said last mentioned pro- longation, South 550 52' East to a pOint in the Southeasterly line of said l~nd; th:nc? Southwesterly, along said Southeasterly line to the pOlYlt of' oeguming, as granted to the 9i ty of' San ta LIonica, by deed reco rded in Book 7073, Page 310 of ~eeds. scfl 'e . .. '.. ]'orm 101~ 2-45 IBM .~ , , .. . STIPULATIONS SCOPE 1. This policy does not insure against, and the SUBROGATION 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 j (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 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 shaIl 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 shaIl 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 shaIl 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 shaIl 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- allY 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 Company. 5"4 'l . .,....,., , . '... .r .< PART OF BLOCKS 4,. 46, 47 AND 48 SANTA MONICA LAND AND WATER CO. TRACT THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS