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RESOLUTION NO. 3982
RESOLUTIONACCEl?TING GRANT DEED FROM:
SOUTHERN PACIFIC RAILROAD . COEIP~ A
COR?ORA'J;ION, AND SOUrrHEHN PACIFlC COMPANY,
A CORPORATION.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBYRESOLVESt
That the annexed Grant Deed from SOUTHERN PACIFIC
RAILROAD COliPAl\TY, a corporation, and SOUTHERN PACIFIC eOMP.A1tY,
a corporation, conveying to the CITY OF SA1~TA lEONICA, a municipal
corporation, all that real property situated in the City of Santa
]joniea, County of Los Angeles,State of California,describedas
follows:
BEING a portion of the Rancho San Vicente y Santa
!I[onica, as :per map recorded in Book 3 Pages 30 and 51 of
Patents, in the office of the County Re.corder of said
County, described as follows:
BEGINNING at the most Westerly corner of r.ot 1 of
Scott's Addition to Santa Monica, as per map reoorde(l in
Book 7 Pages 58 and 59 of I\1iscellaneousiRecords, in the
office of the.County Recorder of said County, said point
of beginning being also the point of beginning Of the parcel
of land described in Parcell in the deed dated March 14,
1940 from Southern Pacific Company and Southern Pncitic
Hailroad. Company to the City of santa Monica, recorded
~ay 8, 1940 in Book 17489 Page 151, Official Records; thence.
North 450 15' 00" East, alQngthe Southeasterly lineo!
the land described in Parcel lin said deed dated March
14, 1940, also the l'ior.thwesterly Une of said Lot 1 .and the
Northensterly prolongation thereof, 160.0 !eetto a point
in a line that is parallel with and distant 10.0 feet Nortli...
easterly, at right angles, from the Northeasterly lines of
Lots 1 to 18, both inclusive, of Scott's Addition to Santa
lIonica; thence South 440 45' 00" East along said parallel
line, also the Southwesterly line of .the land desori:bed
in Parcel 2 in said deed datedNIarch 14, 1940, a distance
of 900.0 feet to a point in the.Uortheasterly prolongatiog
of the Southeasterly line of said Lot 18; thence South 45
l5' 00" West, along said last mt;jntioned prolongation and
the Southeasterly line of said Lot 18, a distance of 160.0
feet to a point in the Northeasterly line of Ocean Avenue;
thenc e South 440 45' 00 If ?as t , along s ald 1 ine of 00 ean
Avenue, 196.19 feet to a point in. the.. Northwesterly line of
the land described in the deed from Southern Pacific Railr.oad
Company to Jolm P. Jones and Arcadia B. de Baker, recorded
in Book 1234 Page 7 of Deeds, Records of said Oounty; thence
along said Northwesterly line, North 450 15' East 284.05 feet
to the most Southerly corner of the land described
in the deed from Southern Pacific Railroad Company to
Pacific Electric Railw~y Company, recorded in Book 3950
Page 81, Official Records of said County; thence e.lOllg
the West line of said last mentioned land,North 4059'
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10" East 163.50..feet to the Northerly terntinus of the
course described as North 14() 45' East 108.45 feetiri the
deed, from Pacific Electric Railway Company to SOl1tllern
Pacific Railroad Company, rec,orded in Book 3960 Page 211
of 13a:l:d Official Records; theneealong thebound~:vline
described in said deed, North 00 34' West 75.93 feet to
the beginning of a tangent curve concave Westerly having
a radius of 528.34 feet; Northerly along said curve, 23.~
feet; and North, 30 OEP 3011 Wl:lst 63.74 feet'1rlQreQl? less,
to the Southwesterly line of Main Street, 80 ,I' l:let wide,
as described in the Decree in Case No. 131082, Superior
Court, a certified copy of said Decree being recorded, in
Book 4818 Page 195, of said Off1c :tal Records; ,thencetia.+ong
said Southwesterly line, North 440 45156" West 931.27
feet, more or less, to the most Northerly corner of the
land described in said Parcell.. insa.id deed dated March 14"
1940; thence South 450 15' 00" West, along the Northwesterly
line of the land described.in sa.idParce1 1, parallel with
and 60 feet Northwesterly, at right angles, froIl1sa1dNorth-
we~terly line of said Lot 1 and the Northeasterly., prolonga-
tion thereof, 519.80, feet to said Northeasterly line of
Ocean Avenue; thence South 440 451 OOlt East, a;Long said line
of Ocean Avenue, 60.00 feet to the point of beg1nn.ing.
be, and the same is, hereby accepted.
IT IS FURTHER RESOLVED: That the 0 ommis sionerof
Public Safety, ex-officio Mayor, be, and he hereby is, authorized
and instructed to execute the annexed Acceptance of Grant Deed,
and that the Commissioner of Finance, eX-Of'ficio CitYOlerk,
ex-officio Clerk of' the City Council of the City of Santa Monica,
be, and he hereby is, authorized and instructed to attest the
same and affix the seal of the City of santa Monica thereto.
That the Oommissioner of Public safety, ex-officio
Mayor of the City of Santa Monica, be, and he hereby is, authorized
and instructed to certify to the adoption of,this resolution, and
the Oonnniasioner of F.inance, ex-officio Oity Clerk, eX-,officio
Clerk of the City Oouncil, be, and he hereby ie, authol'i~edand
instructed to attest the same.
ADOPTED this 17th day of April, 1946, byj;hefQl..
lowing vote:
AYES: Freems.D; Milliken, S~hefer
NOES: None
ABSENT: None
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:- ACCEP'l'ANCE OF GRANT DEED -"
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The annexed Grant Deed is hereby accepted this 1 n'l1
day of APril, 1946.
CITY OF SANTA MON;tCA, a lllXlnicipal
corporation,
ety, ex-
C)f Santa
ATTEST:
nance, ex-o
I Approved as to form this day
of il, 1946.
STATE OF C.ALIFORNIA, )
) ss.
County of Los Angeles )
On th is 17th day of April, 1946, before me, the
undersigned, a Notary Public in and for the CC)unty of Los Angeles,
State of california,. residing therein, d\l1y commissioned and sworn,
personally appeared RAY E.. VSCHAFER, known to me to be the Oo:mmis-
sioner of Public Safety, ex-offielo Mayor of the eity of Santa
Monica, a municipal corporation, whose name is. subscribed to the
foregoing Acceptance of Grant Deed, and he acknowledged to me
that he executed the same on behalf of said City of Santa. Monica,
pursuant to a resolution duly adopted by the City Council of the
City of Santa Monica, and on said 17th day of April, 1946, per-
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Bonally app,ared before me, D. C. FREElIAN, known to me to be the
Co~~iss1oper of Finance, ex-officio City Clerk, ex-officio Clerk
of the c1ity Council of the City of santa Monica, and heacknow-
ledgJd to me that he attested said Acceptance of G~$.nt Deed and
affixed the seal of the City of Santa :iYlonica thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first hereinabove
written. ~
C .
~ 0 ar~ n an for s
'."/'....'..' county~
M'-' COtr'll1liS8io:? f" .
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om.i. kyor ot~~~~mY-ot ~t.
Monic a.
I', ATTEST:
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of.Santa
Approve d a $ to. form this II day
of April" 1946.
STATE OF CALIFORNIA" }
) 8S.
County of Los Angeles )
I" D. C. FREEMAN" hereby cert1t'ythat I am the Conmis-
doneI' of Finance, ex-officio City Clerk, ex-officio Clerk of the
~ City Council of the City of santa Moniea; that the foregoing is
a full" true and correct copy of that certain resolution adopted
by the City Council of the City of Santa Monica at a regular
meeting of said Council he1dA,prl1 17th , 1946.
Subscribed and sworn to before me
this 17t.h day of April" 1946.
~
'~fy -Comm[ssiCH Expir&~ Au~. III 194a
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~ THIS INDENTURE, made this../2,f$ day of r~~ .
, 1945, between SOUTHERN PACIFIO RAILROAD COMPANY, a corporatien ot the
states of California, Arizona and New Mexico, and its Lessee, SOU'lHERN'
PACIFIC COMPANY, a corporation of the state of Kentuoky, first parties,
and CITY OF SANTAlIONICA, a municipal oorporation of the state of
California, second party;
WITNESSETH :
That said first parties, tor and in oonsideration of the sum
of Ten (10) Dollars, lawful money of The United States of America, to
them paid Dl the said second part" the receipt whereof is hereby ac-
knowledged, do bl these presents grant, bargain, sell, oonvel and confirm.
unto the said second party, and to its sucoessors and assigns forever,
all that certain pieoe or parcel of land situate, 11ing and being in
the City of Santa Monica, Oounty of Los Angeles, state ot California,
more particularly described as follows;
BEING a portion of the Rancho San Vicente y Santa
Monica, as per map reoorded in Book ) Pages ;0 and )1 of
Patents, in the office of the County Recorder of said
Count" described as follows:
BEGINNING at the most Westerly corner ot Lot 1 of
Scott's Addition to Santa Monica as per map reoorded in
Book 7 pages 58 and 59 of Miscellaneous Records, in the
office of the County Recorder of said County, said point
of beginning being also the point of beginning of the parcel
of land described in Parcell 1n the deed dated March 14,
1940 from Southern Pacific Companl and Southern Pacific
Railroad Company to. the City at Santa Monica, recorded
May 8, 1940 in Book 17489 Page 1;1, Official Records; thence
North 4;0: l;t OOtt East, along the Southeasterly line ot
the land described in Parcel 1 in said deed dated March
14, 1940~ also the Northwesterly line of said Lot 1 and the
Northeasterly prolongation thereof, 160.0 feet to a point
in a line that is parallel with and distant 10.0 feet North-
easterly, at right angleStfrom the Northeasterl1 lines of
Lots 1 to 18, both inclus Te. of Scott's Addition to Santa
Monica; thenoe South 44. 4;' OOtt East along said parallel
line, also the southwesterly liRe of the land 4escribed
in Parcel 2 in said deed dated March 14, 1940, a distance
of 900.0 teet to a point in the Northeasterly prolongation
ot tlie Southeasterly line ot said Lot 18; thence South 45.
15' OOtt West, along said last mentioned prolongation and .
the Southeasterly line of said Lot 18, a distance of 160.0
teet to a point in the Northeasterly line of Ocean Avenue;
thence south 440 45' OOtt East. along said line ot Ocean
Avenue,196.19 feet to a point\in the Northwesterly line 0+
the land described 1n the deed trom Southern Pacific Railroad
Oompany to John P. Jones and Arcadia B. de Baker, reoo1'deli.
in Book 1234 Page 7 ot Deeds, .Records of said County; thence
along sa! d Northwesterly line, North 4;. 15' East 284.0; feet
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to the most Southerly oorner 01' t~e land desoribed
in the deed trom Southern Paci~ioiRailroad Company t~
Paci1'io Electric Railway company,/recorded in Book 3950
Page Sl, 01'1'1cial Records. o:f said County; thenoe along
the West line 01' said"last mentioned land, North 40 59t
10" East 16).50 feet to the Northerly terminus 01' ~h.
course described as Nortb,140 45' East 108.45 feet in the
deed from PaCific Electric Railway Company to Southern
PacifioRailroad Company, recorded in Book 3960 Page 211
of said Official Records; thence along the boundary line
described ,in said deed, North O. 34' West 75.93 ~eet to --
the beginning 01' a tangent curve concave Westerly haTing
a radius of 528..34 feet; Northerly along said curve, 23.43
feet; and Notth .30 06' 30" West 6;.74 feet, more or less,
to the soutb,weste~1y line 01' MainStreet3 80fi9t wide,/
as described in the Decree in Case No. 1 1082, SUperior
Court, a oerti1'ied oopy 01' said Decree being ~eoorded in
Book 4818 Page 195, of. said Official Reoords; thenee along
said Southwesterly line, North 44. 45' 56" West 931.27
feet, more or less, to the most Northerly corner of the
land desoribed in said Pareel 1 in said deed dated Maroh 14,
1940; thence South 450 1:5' 00" West, along the Northwesterly
line of the land desc~lbed in said Parcell, parallel with
and 60 feet Northwesterly, at right angles, from said North-
westerly line of said Lot 1 and the Northeasterly prolonga-
tion thereof, 519.80 feet to said Northeasterly line of
Ocean Avenue; thence South 440 45' OOft East, along said line
at Ocean Avenue, 60.00 feet to the point at beginning.
L----_/
TOGE'mER with all and singular the tenements, hereditaments
and appurtenances thereunto belomging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,. issues
and prof1ts thereof.
TO HAVE AND TO HOLD all and singular the said premises, to-
gether with the appurtenances, unto the said second party, and to its
successors and assigns forever.
First parties hereby covenant and declare that the land being
oonveyed is not necessary for use in the per~ormance 01' their duties
to the public as prescribed by the Publio utilities Act ot the State ot
Calitornia, and is not needed for 1:iI:81r use in the oonduct at their business.
IN WITNESS WHEREOF, the said first parties have caused these
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I presents to be executed bT their offioers thereunto dulT authorized and
their corporate seals to be hereunto affixed the day and Tear first
herein written.
:?t;~C~An'
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Attost. ~
. all sore arT
SOUTHERN PAOIFIC OOMPANY)
By /~~
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Attest: C!!~t'
(YJs an ecre arT
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Approved as to fgrm .j(
General Sol~crtor ..
JULY 25, 1944.
NOTARIAL ACKNOWLEDGMENT
SOUTHERN PACIFIC COMPANY
SOUTHERN PACIFIC RAILROAD COMPANY
STATE OF CALIFORNIA, )
) SS.
CITY AND COUNTY OF SAN FRANCISCO. )
On thiS....~.1.~ay of...... 194.~before
me, A. L. WHITTLE, a Notary Public in and for the City and County
of San Francisco, State of California, personally appeared
.... n n.... n nn P;'.:J. ..i.. ..~;~;,..,:;.,:;-...... n ........ nnandn ....,. "',i4~
~.... -.................. -.. -.. -- --..-............ -.. -- -.....- .
known to me to be thennn.... 1'\(''1''--. ,"
nnPresiden t and.uu.~.n'.'..:~uu_Secretary,
respectively, of SOUTHERN PACIFIC COMPANY, one of the corporations
described in and that executed the within instrument, and also known
to me to be the persons who executed it on behalf of Southern Pacific
Company and they acknowledged to me that such corporation executed
the same; and personally appearedu.___nu.h. ......n..n.... n.h.nn'..' hU'.nh" _.hh..Un....
andnn..__.......'~,L.bn.;::~..~~~.u.nnn.__.nnn__, known to me to be the___...;:.;..J~.l~~nVice
President anduhuu.u..___ _...Secretary, respectively, of SOUTHERN
PACIFIC RAILROAD COMPANY, one of the corporations described in and
that executed the within instrument, and also known to me to be the
persons who executed it on behalf of Southern Pacific Railroad Company
and they acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in the City and County of San Francisco,
State of California, the day and year in this certificate first
above written.
O~-
......--..--...............................:....... ............................-............ ......... ................
Notary Public in and for the
City and County of San Francisco,
State of California.
My Commission Expires September 18,1946.
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COP Y
COUN TY OF LOS AN GELES
505 Hall of' Justice
Los Angeles. 12. California
March 17. 1947
J.M. LO'NERY Attn: G.W. Taylor
COUN TY AUDI TOR
D. C. Fr eem an, Commi s s1 on er of Finan c e
Ci ty Ha.ll
City of Santa Monica
Santa Monioa., Celifornia
Dear Sir.
Pursuant to your letter of November 20, 1946, and upon
order of' the Honorable Board of Super vis ors dated
December 3, 1946, taxes were oance1led on the f'0110win g
described property by our Authorization No. 8564._, $
, )
S B E Map 872...19-91c Par. 14. ~~.-.:: ("L")"'o..
,
S B E Map 872-19-91c Pa.r. 15 . r- "Y f.,.). Yo..
Very truly your s,
J.M. LOWERY. County Auditor
BYa Marquita Dorsett
Deputy Chief'
Tax Di vi s ion
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Form 1012 Ij.-45 70M. . 11 . . "
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California Land Title Association Standard Form
Copyright 1938 (T. I. Revlelon 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 mortgate or deed of trust shown in Schedule B, the owner of which
is named as an insured, and any suc 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
mnd;or .
by reason of priority, at the date hereof, over any such mortgage or de~d 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 authorized officers on the date shown in Schedule A.
_..... "'"iT --;~'-r1iy)_.'1:-~-',\ ~:f> TITLE INSURANCE AND TRUST COMPANY
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..,\ .-.t ,', ( '; -.1 , _.-.'.' SECRETARY
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Form lOU~AI 2-46 ,80M. .\ . .
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SCHEDULE A
Amount $ 60,000.00 Date May 29, 1946, Policy No. 2225374
at 8:00 A. M.
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:
All that certain piece or parcel of land situate, lying and
being in the City of Santa Monica, being a portion of the
Rancho San Vicente y Santa Monica, as per map recorded in
Book 3 Pages 30 and 31 of Patents, in the office of the
County Recorder of said County, more particularly described
as follows:
Beginning at the most Westerly corner of Lot 1 of Scott's
Addition to Banta Monica, as per map recorded in Book 7
Pages 58 and 59 of Miscellaneous Records, in the office of
the County Recorder of said County, said point of beginn-
ing being also the point of beginning of the parcel of
land described in Parcel 1 in the deed dated March 14, 1940
from Southern Pacific Company and Southern Pacific Railroad
Company to the City of Santa Monica, recorded May 8, 1940
in Book 17489 Page 151 of Official Records; thence North 450
15' 00" East, along the Southeasterly line of the land de-
scribed in Parcel 1 in said deed dated March 14, 1940, also
the Northwesterly line of said-Lot 1 and the Northeasterly
prolongation thereof, 160.0 feet to a point in a line that
is parallel with and distant 10.0 feet Northeasterly, at
right angles, from the Northeasterly lines of Lots 1 to 18,
both inclusive of Scott's Addition to Santa Monica; thence
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:
South 440 45' 00" East along said parallel line-;/also the
Southwesterly line of the land described in Parcel 2 in
said deed dated March 14, 1940, a distance of 900.0 feet
to a point in the Northeasterly prolongation of the South-
easterly line of said Lot 18; thence South 450 15' 00"
West, along said last mentioned prolongation and the
Southeasterly line of said Lot 18, a distance of 160.0
feet to a point in the Northeasterly line of Ocean Avenue;
thence South 440 45',00" East, along said line of Ocean
Avenue, 196.19 feet/to a point in the Northwesterly line .
of the land described in the deed from Southern P~ific
Railroad Company to John P. Jones and Arcadia B. de Baker,
recorded in Book 1234 Page 7 of Deeds, ,Records of said
County; thence along said Northwesterly line, North 450
15'East 284.05 feet to the most Southerly corner of the
land described in the deed from Southern Pacific Railroad
Company to Pacific Electric Railway Company, recorded in
Book 3950 Page 81 of Official Records of said County;
thence along the West line of said last mentioned land,
North 40 59' 10" East 163.50 feet to the Northerly terminus
of the course described as North 140 45'East 108.45 feet
in the deed from Pacific Electric RailwaY Company to Southern
Pacific Railroad Company, recorded in Book 3960 Page 211 of
said Official Records; thence along the boundary line de-
scribed in said deed, North 00 34' West 75.93 feet to the
beginning of a tangent curve concave Westerly having a
radius of 528.34 feet; Northerly along said curve, 23.43
feet; and North 30 06' 30" West 63.74 feet, more or less,
to the Southwesterly line of Main Street, 80 feet wide,
as described in the Decree in Case No. 131082, Superior
Court, a certified copy of said Decree being recorded in
Book 4818 Page 195, of said Ofricia1 Records; thence along
said Southwesterly line, North 440 45' 56" West 931.27 feet,
more or less, to the most Northerly corner of the land de-
scribed in said Parcell in said deed dated March 14, 1940;
thence South 450 15' 00" West, along the Northwesterly line
of the land described in said Parcell, parallel with and
60 feet Northwesterly, at right angles, from said North-
westerly line of said Lot 1 and the Northeasterly prolonga-
tion thereof, 519.80 feet to said Northeasterly line of
Ocean Avenue; thence South 440 45' 00" East, along said
line of Ocean Avenue, 60.00 feet to the point of beginning.
J
Page 2 'I
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Form IOf2-,B 2-46 p2M .
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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 ,,:,hi~ impart construc-
tive notice, but which could be ascertained by an inspection of said land, or by makmg 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 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 1946-1947, a lien not yet payable.
2. Easements over those portions of said land within
PARCEL 1. A strip of land 15 feet in width, in the County
of Los Angeles, State of California, being 7.5 feet on each
side of the following described center line:
Beginning at a point in the Southeasterly line of above
mentioned right of way, also the Northwesterly line of Tract
No. 1347, as per map thereof recorded in Book 18 Page 89 of
Maps, in the office of the County Recorder of said County,
distant Northeasterly thereon 162 feet from the most Wester-
ly corner of said Tract No. 1347; thence North 440 45' 08"
West a distance of 110.56 feet to a point; thence Northwest-
erly along a curved line, concave to the Northeast, having
a radius of 360 feet (the tangent to said curve at last
mentioned point is last described course) an arc distance of
229.52 feet to end or curve; thence North 80 13' 23" West,
tangent to last described curve a distance of 313-34 feet to
a point; thence Northerly and Northeasterly along a curved
line, concave to the Southeast; having a radius of 120 feet,
(the tangent to said curve at last mentioned point is last
described course) an .arc distance of 103.50 feet to end of
curve; thence North 410 11' 45" East, tangent to last de-
scribed curve, a distance or 181.94 feet to a point; thence
Northeasterly along a curved line, concave to the Northwest,
having a radius of 300 feet (the tangent to said curve at
..:
Page 3 ~
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. . . , . . .
, :
. . . .
last mentioned point is last described course) an arc dis-
tance of 151.15 feet to end of curve; thence North 120 19'
4511 East, tangent to last described curve, a distance of
429.34 feet to a point; thence Northeasterly along a curved
line, concave to the Southeast, having a radius of 360 feet
(the tangent to said curve at last mentioned point is last
described course) an arc distance of 157.73 feet to end of
curve; thence North 370 26' East tangent to last described
curve, a distance of 467-77 feet to a point; thence North-
easterly along a curved line, concave to the Northwest, hav-
ing a radius of 120 feet (the tangent to said curve at last
mentioned point is last described course) an arc distance
of 75.78 feet to end of curve; thence North 10 15' East, tan-
gent to last described curve'; a distance of 68.71 feet to a
point; thence Northwesterly along a curved line, concave to
the Southwest, having a radius of 40 feet, (the tangent to
said curve at last mentioned point is last described course)
an arc distance of 32.11 feet to end of curve; thence North
440 45' West, parallel with and distant Northeasterly 12.5
feet, at right angles, from the Southwesterly line of Sixth
Street, a distance of 3 feet, more or less, to a point in
the Northwesterly line of aforesaid right of way, excepting
therefrom such portion of said 15 foot strip that lies be-
tween the Northeasterly and Southwesterly linesof Main
Street, and excepting also therefrom such portion of said
15 ' strip that lies between the Northeasterly and Southwest-
erly lines of Fourth Street, as shown on a map attached
thereto and made a part thereof.
PARCEL II. A strip of land 7 feet in width extending from
the Northwesterly line of Scott's Addition, as per map there-
of recorded in Book 7 Page 59 of Miscellaneous Records of
said County of Los Angeles, Northwesterly 447.03 feet to the
Southeasterly line of Colorado Avenue, the Southwesterly
line of said strip of land being parallel with and distant
Northeasterly 150 feet, at right angles, from the Northeast-
erly line of Ocean Avenue, as shown on said map.
PARCEL III. A strip of land 4.5 feet in width extending from
the Southeasterly line of said Scott's Addition, Southeast-
erly 201.19 feet to the Northwesterly line of aforesaid Tract
No. 1347, the Southwesterly line of said strip of land being
parallel with and distant Northeasterly 150 feet, at right
angles from the Northeasterly line of Ocean Avenue, as shown
on said map,
for storm drain, sanitary sewer and incidental purposes as
~ranted to City of Santa Monica in agreement recorded in Book
738 Page 396 of Official Records, as amended or modified by
an agreement recorded in Book 1L~362 Page 230 of Official
Records.
.
Page 4 .(.
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.
,. An easement over that portion of said land within
a strip of land 5 feet wide, extending from the South-
west line of Main Street to the Northeasterly line of
said Scott's Addition, the center line of said strip
being at ri~ht angles to the Southwest line of Main
Street and 66.62 feet Southeasterly from the center
line of Colorado street, measured along the Southwest
line of Main streep and its Northwest prolongation,
as shown on a map attached thereto, for sewer and in-
cidental purposes, as granted to City of Santa Monica
by deed recorded in Book 16547 Page ,67 of Official
Records.
4. Easements over the , parcels of land granted to
the City of Santa Monica by deed recorded in Book
17489 Page 151 of. Of:fi.Q~.~l Records for the purposes
and uses therein set fo~th, as provided in said deed.
5. Covenants, conditions and restrictions contained in
above mentioned deed.
6. Any claim of lien that may be filed against said
land within sixty days from May 7, 1946 by reason of
improvements thereon as disclosed by a notice of com-
pletion, recorded May 7, 1946.
Page 5 ..,
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Form IOI2-C 2-46 80M
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; (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 De 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
shalt 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 thei1'
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.
~
.. .
. ,. , ... . ~
~
PT. OF THE RANCHO SAN 'VICENTE Y SANTA MONICA.
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