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P-503 . 5..M. DEED t4t.3 , , <<'<< - '. . I " ~ ". R~SOLU'I'lmJ NO. '.. 3681 f':SOLUTI01'i /J;cr'}l'L'G GRj"T -,)}.':~D Fi\OI: FRA1{C IS w. KENDIG AND EUNICE G: KENDIGj HUSBAND ANl? WIFE. TE~~~ CITY C;)UJ.TCIL 0: ~(}=::c Clr~PY O:F' S..:i']rr.t, :\TOITICi.. lIT ~: ~~.~ S 0 r)r'~'~s ~ That tl1.8 )nnexcc1 Gl....c~nt DG:;d frotl Frlitncis W. Kendig and Eunice G. Kendig, husband and wife, conveying to the City of Sc.nta Fonica all that real 'prop81...t~- situ- ated in the Clty of Santa LonicR, County oZ Los ~les, State of Californie., described as follows: Lot II 01' 'l'I'act 8379 in city 01' Santa Monica, County of Los Angeles, State of California" as per map recorded in Book 113 Pages 54-56 inclusive 01' lUp s, in the office of the County Recorder of said County. EX.CEPTING all improvements now on said property together with the right to remove sam.e. be, 2nd the S~De is, her8by acc3pted. Irr1 IS ?Ui{~PI=~,-~?{~:C~~SOLV~.~=~: 'l'hat the Cm:;rr:1issioner of Public Safety, ~)x-oi'ficio,ayor ~ be, 2.rJ.c~ 11e h8reby is, authorized i:mC instructed to GX0cute th0 j_lme;~od_ l,-CCe]')tpnce of Gr',nt :Jeed, 2.nC'. that the COEnissioner of :'ina;lce, ex-officio City Clerk, ex-officio Clerk of the City Council of the Clty of Santa bonica, be, and he hereb;T is, authOl'iz0c~:~nd i::lstructed to 2.ttest the s",ne and affix th.e saal or tb.e Cit7:" of Sallt2 l.~onica tller0to. That the CO~TIissionQr of ?ublic bQfety, 3;c-officio llayor of tho City of S:'slta ]. onj_c2., oe, en.c. .h8ho:eeb~l is, ..e:'..uthorized (-'nd instructot to certif~ to the adoption of this resolution, :' nd the Commissioner of .i:'ins,nce, .ex-officio City Clerk, ex-officio Clerk of the City Council, be, and he horeby is, authorized and instructed to attest the same. -1- #5D3 1'\- . I . . ','. ,... I' . . J . , -..,"- '3>671 ,lIDOPTED this 14th , day of February ~ 1945, by tl:le following vote: AYES: Freemf!n, Milliken, Murray NOES: None ABSENT: None ATTEST: inanoe~ ex-o iei fioio Clerk of th City Council of he City of Santa Monica. this 14 day y Attorney. -- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) I, D. C. FREEMAN~ Hereby certify that I am the Commis. sioner of Finanoe, 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 oorrect copy of that certain resolu- tion adopted by the City Council of the City of Santa 1:onic:1 at a regular meeting of said Council held February 14th , 1945. ~. ) I / ./ 11,y l,\Jmml.:;:sion txp'l.e~ AUg. 17, 1~4~ .,. 2 . ~.5"u3 . . . > ,;J, .... .. . ( ~ . . ! -' ACCEPTANCE OF GRANT DEED :- . The Annexed Grant Deed is hereby accepted this 14th day of February , 1945. CITY OF SANTA MONICA, a municipal corpora ti on, c afety" ex- 'ty of Santa ATTEST: COmlliQssioner of Finance, ex-officio City Clerk, ex-o fieio Clerk of the City Council of vhe City of Santa IVloni ca. Approved as to form this 14th day ofFehruary , 1945 ~~~~~-"- C va . orrence,' i y A orney STATE OF CALIFORNIA ) ) sa. COUNTY OF LOS ANGELES) On this 14th day of February , 1945, b8forc me, the undersigned, a Notary Public in and for the County of Los Angeles, state of California, residing therein, duly cOlTlli1issioned and sworn, personally appeared L. J. 1IDRRAY, known to me to be tho Con~is-- sioner of Public Safety"cx-offieio Mayor of tho City of Santa Monica, a municipal corporation, whose name is SUbscribed to the foregoing Acceptance of Grant Deed" ill1d he acknowledged to me that he executed the same on behalf of said City of Santa Monica, pur~ suant to a rosolution duly adopted by the City Council of the City of Santa 1I1onica, D.nd on said 1~th day of February ,,1945, per- sonally appeared beforo me, D. . FREEMAN" known to me to be the C0111->r1issioncr of Finance" ex-officio City Clerk" 'ox-officio Clerk of the City Council of the City of Santa Monica, and he acknow~ lodged to me that ho attested said Acceptance of Grunt Deed und affixed the seal of the City of Santa Monica thereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yc~r first hereinabove written. hL~. 1/, J.~"td ~3- #- SQ3 FORM 898-:-S.41' MIx 1. R.. S. $.mmu__~.--.'m. - . ~'V . ~ .~ '~l _. ~raut irtb . . )n ~on~ibtration of $un.mlO'J!.O'Q.m..m.m.' receipt of which is acknowledged, FRANCIS W. KENDIG and EUNICE G. KENDlG, husband and wife 8.1;30 kno"Il D.8 Fr&ncis X6ndi and Eunice Kendig do... ,u ... .......hereby grant to...... .C1.T Y. .OE~ ..SAN TiLJiLQNI.GA,....a..Illuni.c.i.pal...cOl:pD.r.a:t.iDn.__. ......u.....u.u u.. ....____m__. the real property in the.m._ uun n J! J.~;y.. .9f__.~.~.4t.~. n f(9.-4J.9.~ n. .....n.. n. n, U _. u County of... .m..L 9.~.uM-,g~l~~.n m._____n. nm' u, I State of California, described as: Lot 11 of Tract 8379 in City of Santa Monioa. 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Jill ;llOf;Jq ...-- -'gv- --- 61 ,.--- ..---- - -- ----..----.-. ----- - ---. ----.l;.nmmr.--..---.--Jo Allp--.---.-----. ...-----.!j:s-n:- ------------S!l{l uO '$$ {................... ......t.~~n::J;J~~OJ:::::~ e . e ( Form 1012 9-44 60M . tf 1 . - California Land Title Association Standard Form Copyrigh~ 1938 (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 descn'bed 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 Eriority, at the date hereof, over any such mortgage or oeed of trust, of any lien or encum rance 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. TITLE INSURANCE AND TRUST COMPANY S tM. 6A\ --.. (3~ by PRESIDENT \~, .s.-.:::\~ Form lO1Jl-A 9-44 80M e MEB e f . , I " . . -- SCHEDULE A Amount $1500.00 --- Date March:3, 1945 at 8 :00 A. M. Policy No. 21.32110 I.N SUR E D CITY OF SANTA MONICA, a municip 1 corporation.. 1. The title to said land is, at the ate hereof, vested in CITY OF SANTA MONICA, a municip 1 corporation. 2. Description of land in the County of Los Angeles, State of California, title to which is insured by this policy: Lot 11 of Tract No. 8.379,' in the City of Santa Monica, as per map recorded in Book 113 Pages 54, 55 and 56 of Maps~ in the office of the County Recorder of said County. EXCEPTING therefrom all improvements now on said property, together with the right to remove same,. as excepted in the deed from Francis W. Kendig and Eunice G. Kendig, husband and wife, to City of Santa Monica, dated January 31, 1945, recorded March 3, 1945. .s,~3 Form lOOll!::B-l 8-4t 90M , . 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 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 p;ssession 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: l. Second installment of general and special County and City taxes for the fiscal year 1944-1945, amount $47.99. Included are levies for Santa Monica Municipal Improvement District No.1, created tor 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 4493 Page 11, Official Records, and incorporated by refer- ence in deeds of record from the Taft Land and Development Company, convy- ing 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 5: D_3 e , e , Form 1002-9-1.9-44 16M _1__ , . . . .- . 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 be equally available against any person OF INDEBTEDNESS under this policy by an insured owner or corporation who shall become an insured hereunder as AND BECOME of an indebtedness secured by mort- successor of such named insured. OWNER OF gage or deed of trust, to pay such DEFENSE OF 2. The Company at its own cost shall defend SECURITY insured the indebtedness of the mort- ACTIONS the insured in all actions or proceedings against gagor or trustor under said mortgage or deed of trust, to- the insured founded upon a defect, lien, encumbrance, or other gether with all costs which the Company is. obligated here- matter insured against by this policy, and may pursue such under to pay, in which case the Company shall become the litigation to final determination in the court of last resort. In owner of, and such insured shall at once assign and transfer case any such action or proceeding shall be begun, or in case to the Company said mortgage or deed of trust and the indebt- knowledge shall come to any insured of any claim of title or edness thereby secured, and such payment shall terminate all interest adverse to the title as insured, or which might cause liability under this policy to such insured. loss or damage for which the Company shall or may be liable NOTICE OF 6. A statement in writing of any loss or damage NOTICE OF by virtue of this policy, such insured shall at ACTIONS once notify the Company thereof in writing. LOSS for which it is claimed the Company is liable OR CLAIMS If such notice shall not be given to the Com- under this policy shall be furnished to the Company within TO BE pany at least five days before the appearance sixty days after such loss or damage shall have been ascer- GIVEN BY day in any such action or proceeding, or if LIMITATION tained. No action or proceeding for the re- THE INSURED such insured shall not, in writing, promptly OF ACTION covery of any such loss or damage shall be notify the Company of any defect, lien, encumbrance, or other instituted or maintained against the Company until after full matter insured against, or of any such adverse claim which compliance by the insured with all the conditions imposed on shall come to the knowledge of such insured, in respect to the insured by this policy, nor unless comme11Ced 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- a1'lY 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 this policy, together with all accrued costs which the Company WRITTEN 9. No provision or conditioq 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. 5;?3 I. T. S. 1.7 e e , . .. ~. . . . . . . . ....- c' . LOT 11 TRACT 8379 . < THIS IS NOT A SU~VEY OF THE LAND lIUT IS COMPIl.ED FOR INFORMATION ONLY FROM DATA SHOWN I3Y OFFICIAL RECORDS,