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OCEAN PARK BOULEVARD from
Project Ll~oolR al~Q to We11aoR War
Parcel No. 48
Title Report No. 67~ 1847
Title Officer W.w l1:paw-tlOJiJQ
Seller PEnRY ~ RaYlAORQ Ii. g. T119J.ma Y.
AddreSs8jS paoliia J;; ~aR~a MeRit.
Telephone No. ~~ 3G
AGREEM.ENT
The following agreement is entered into, in duplicate,
between the CITY OF SANTA M.ONICA, a municipal corporation, herein-
after referred to as "CITY" and the undersigned owner(s), herein-
after referred to as "OWNER."
WHEREAS, City is going to widen and improve 4th Street
between Bay and Strand, and Ocean Park Boulevard between Lincoln
and Neilson Way with new street surfaces, sidewalks, and other
improvements. which project is to commence appro,dmately in
January of 1968.
NOW, THEREFORE, it is mutually agreed between City and
OWner as follows:
1. 'I'\1herever "City" is used herein it shall mean the
City of Santa Monica, its officers, employees, and authorized
agents, including the contractor doing the project work.
2. The parties have set forth herein the whole of their
agreement; any oral agreement or representations by anyone,
whether a party to this agreement, or an agent of a party hereto,
or anyone else, shall not be binding on either party to this
agreement.
3. Owner agrees to sell and City agrees to buy the real
property in the City of Santa Monica, County of Los Angeles,
State of California, described as follows:
Those portions of Lots 44 and 45 of Copeland Square, as per map re-
corded in Book 20 page 64 of Maps, in the offioe of the County ReO
oorder of said County, desoribed as follows:
Beginning atathemost westerly corner of said Lot 44; thence North
550 27' 20 East along the northwesterly lines of said Lots 44 and .145,
a distanoe of 106.10 feet, more or less, to the moet northerly corner
of said Lot 45; thence southeasterly along the northeasterly line or said
Lot 45, a distance of 15.56 feet; thenoe South 540 06' 33~ West 93.66
feet to the beginning of a tangent curve, oonoave easterly having a radius
of 10 feet, said curve also being tangent at its southerly terminus
with the southwesterly line of said Lot 44; thenoe southerly along said
curve an ... aro distance of 16.41 feet, more or less to the point
of tangenoy with said southwesterly line of said Lot '14; thenoe nol'"1;h-
westerly along the southwesterly line of said Lot .4, a distance ot 28.83
feet to the point of beginning.
. .
" c . ,eo' .
3A. Coincidentally with the execution and delivery of
this agreement. Owner shall deliver to City a grant deed to said
property.
4. City agrees to pay to Owner the sum of $ G,7~D.Qn
subject to any conditions and deductions as hereafter set forth.
Said sum includes, but is not limited to the following: Payment
for removal and replacement of any and all plantings, structures,
e.g. , sprinklers, walls, steps, etc., and demolition, if any, andl
or remodeling. if any, of buildings and performance of this agree-
ment by City shall relieve City of any liability to Owner on
account of the location or construction of the project. Said sum
shall be paid to Owner subject to any exceptions or provisions
hereafter set forth within 30 days after title to the above de-
scribed property has vested in the City, free and clear of all
liens, encumbrances, and leases, recorded or unrecorded, except
real property taxes for 1967-68 and covenants, conditions, and
restrictions of record, if any.
5. Any or all of the money payable under this agreement
up to and including the total amount of unpaid principal and
interest on any note or notes secured by Deeds of Trust, encumber-
ing said property, together with penalty, if any, for payment in
advance of maturity, shall upon demand by the beneficiary of any
such trust deed be paid to the beneficiary or beneficiaries
entitled thereunder. The deeds of trust securing said note(s)
are as follows:
First Federal Sa.vings 8: r~oan Association of Santa f1lonica 6 beneficiary.
in the original amount of $130,000.00 dated April 12, 19 7. recorded
April 20, 1967 in Book T-53l8 page 392 of Official Records, Instrument
No. 1095.
6. may remove any or all improvements, inc
~PlantingS' now exist~n aid property or i a of the
~ temporary easement(s), hereafte o. If such improvements
. . or plantings are not y the time c tion starts on
'{,' ,1' said r' , y, without any liability to Owner, olish
J.~' ,(? J..mprovements andlor plantings.
7. City agrees that construction shall not start before
March I, 1968.
8. ddition to said property described in
deed, Owner hereby to City a temporary easeme
(f/;,' struction purposes on the r n propert wner.
/~.
~'~ of said easement is shown on a pIa ed Exhibit A, attached
hereto and made a part he . Said tempor sement shall
terminate and be urther force or effect at t e Ci~y
j. ~' formall pts the completed project from the contractor
project work.
2.
.
~ . .'. .
9. City agrees to reconstruct any e}dsting driveway
aprons and to reconstruct in similar kind any driveway(s) and/or
walkways in said easement area so as to join OWner's driveway(s)
or walkways adjacent to said easement area with the grade of the
new sidewalk to be constructed.
10. City agrees to construct an engineered wall adequate
to retain any embankment created by the construction of the project
provided the embankment exceeds one foot in height above the grade
of the new sidewalk and to replace soil removed for the construction
of said wall with soil of a similar kind. Embankments less than
one foot shall be sloped.
11. City agrees to replace any soil removed for the pur-
pose of constructing the public sidewalk with soil of a similar
kind and slope the soil between the new public sidewalk and the
grade of Owner's property.
12. City agrees to reconstruct in similar kind the steps,
if any, affected by the project and shown on said Exhibit A in an
easement area.
13. Owner agrees to permit inspection of any buildings or
structures on OWner's property at any and all reasonable times.
14. OWner consents to the dismissal of any action filed by
City for the condemnation of said property and waives any claim for
costs, attorney's fees, and deposits in said action made by City,
or any claim whatsoever which might arise out of the filing of
such an action, whether or not such claim is specifically identified
in this paragraph.
3.
.
t "," e.. .
. '
IN WITNESS WHEREOF, the parties hereto h9ve hereunto
set their hands and seals this .Jr day of ~~ '
19&1. <
CITY OF SANT!\..
a, munic~par cor
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by
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rl.~:7"7"-"C )-u../ /i' /~/ " ct.?
Raymond H. Pekary OWne
1t.:, /!...-" .< ~ /1-..1" Y
Thelma Y., ekary ner
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REC<:RDI~G REQUESTED BY .
~ )::it)1 of Santa Manit BKR2975rc358
4473 .....____ ..__..~"'
AND WHEN RECORDED MAIL TO ii.) O":,CiAL RECORDS i
.\MI" '.S COUNTY, CAliF. I
L',:SU;'{ANCE \~ TRUST CO~ t
I City Attorney I _ 'i .:J. P.M. APR :30 1963 \
Nam. City of Santa Monica <)
5',..' 1685 Main Street dM E LEE, County Recorder
CA.dd'&." Santa Monica. Calif. 90401 .
"y
Stat. L .J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TITLE ORDER NO. TITLE OFFICER OCEAN PARK BOULEVARD from Lincoln Blvd to
67 51 847 John Sims Neilson Way PARCEL 48
T0431-OC PARTIAL RECONVEYANCE
TITLE INSURANCE AND TRUST COMPANY, a corporation, of Los Angeles, California, as duly
appointed Trustee undcr the Deed of Trust hereinafter referred to, having received from Beneficiary thereunder
a written request to reconvey, in accordance with the terms of said Dced of Trust, all estate now held by said
Trustee under said Deed of Trust in and to the hereinaftcr described property, said Beneficiary having presented
said Deed of Trust and note or notes secured thereby for indorsement-said Deed of Trust having been executed
by___
RAYMOND H. PEKARY AJIID THEIMA Y. PEKARY , Trustor,
and recorded in the Official Records of Los An~eles __County, California, as follows:
Date April 20, 1967 as Instr. No. 1095 in Book T531B , Page 3~,
Now, Therefore, in accordance with said request and the provisions of said Deed of Trust, TITLE
INSURANCE AND TRUST COMPANY, as Trustee, docs herehy RECONVEY, without warranty, to THE
PERSON OR PERSONS LEGALLY ENTITLED THERETO, all estate now held by it thereunder in and to that
property situated in said county, state of California, described as follows:
Those portions of Lots 44 and 45 of Copeland Square, in the City of Santa
Monica, County of Los Angeles, State of California, as per map recorded in
Book 29 page 64 of Maps, in the office of the County Recorder of said
County, described as a whole as follows:
Beginning at the most westerly corner of said Lot 44; thence North 550 27'
20" East along the northwesterly lines of said Lots 44 and 45, a distance
of 106.10 feet, more or less, to the most northerly corner of said Lot 45;
thence southeasterly along the northeasterly line of said Lot 45, a dis-
tance of 15.56 feet; thence South 540 06' 33" West 93.66 feet to the begin-
ning of a tangent curve, concave easterly having a radius of 10 feet, said
curve also being tangent at its southerly terminus with the southwesterly
line of said Lot 44; thence southerly along said curve an arc distance of
16.41 feet, more or less, to the point of tangency with said southwesterly
line of said Lot 44; thence northwesterly along the southwesterly line of
said Lot 44, a distance of 28.83 feet to the point of beginning.
FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION
BY CITY OF SANTA MONICA SEE GOV'T CODE 6103
THIS NECESSARY IN CHAIN OF TITLE
The remaining property described in said Deed of Trust shall continue to be held by said Trustee under
the terms thereof. As provided in said Deed of Trust, this Partial Reconveyance is made without affecting the
personal liability of any person for payment of the indebtedness secured by said Deed of Trust.
In Witness Whereof, TITLE INSURANCE AND TRUST COMPANY, as Trustee, has caused its
corporate name and seal to be hereto affixed by its Assistant Secretary, thereunto duly authorized.
Dated April lB. 1968 TITLE INS.URANC. E AN. b. T,.li..,...C.OMPANY, as Trustee,
//2 l~ .6:i. .....' ~
R-231184 By \... . \".,.... "" . ""'" ~
Assistant Secretary --J
STATE OF CALIFORNIA. } ...'. . Co.)
COUNTY OF Los .l\.np;eles 55. ,
On April 18. 1968 , before me, the undersiltned, a Notary Pllbli~ ::in imd for said State.
personally appeared R. Islas.,...._ known to me to be';l'n:Assislant Secretary of
TITLE INSURANCE AND TRUST COMPANY. tbe corporation Ihat execut~d..'t_he foregoing instrum;"'i'/ as such Trustee, and
known to me to be the person who executed said instrument on behalf of the '~6t~6~,aHQnv therein murt~d_, ",and acknowledged to
me that such corporation executed the same as such Trustee. >/~.:<--" ,.;'.'., ,,,' .. ~ >.;. '
WITNESS m.YZd official seal. ~. ~"..'.-,'.'.'.'.".."...,'.. " ,... .~Of~JC IAL SEAL
. . , , /""1'J'f~' , CAntARA OTTEM
S. ~. ) ~';;1:' NOTARY rcfUC. CALIFORNIA
19natUY'" - - ::>': ~-;.;t~~"7' PR'NCIPAL eFFICE IN
/' "'~!' LOS ANGO.LES COUNTY
Name (Typed or Printed) My Commission Expi.... January t. 1970
(This area for official notarial seal)
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'./C1ty~f Santa Moniea
,,~., ..t,C.~ ttfH;~EU"f~ CC;U;'lTY, C.~UF.
AND W~EN RECORO~O ~~L,~,_S i'j::{ rillt' iJ'.;;jUH,....NC;t ~ 'rRUST CO.
lcl ';)\ ~l{'l \( ,~ ,~PR 16 1963 AT 8 A.M.
JCity of Santa Monica I
Nom. Office of the City Attorney RAY E. LEE, County Recorder
St,.., Ci ty Hall
Add.... 1685 Main Street
C;;;ot~ Lsanta Monica, Calif. -.l
MAIL TAX STATEM'NTS TO SPAC'bA~~ ~*'~U):~,pifd'R~'01I ~ooln
J "I Blvd. to Neilson Way..... -:-
Nom. Parcel 48 I !':'t~r.,"~ :t.. [Vi J
~"'~?,
Stroet
Address FPJ~E REQUESTED
Ci;iot~ L ~ FUBLIC LGENGY .2SSENTI .AL TO .ACQUISITION
AFFIX I.R,S, $.. "mm.. ......IN TlllS SPACE BY CITY OF SANTA HONICA
l,rc> TAlC DUE SEE GOVtT CODE 6103
I Grant Deed I
TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RAYMOND H. PEKARY and THELMA Y. PEKARY, husband and wife
hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation
the following described real property in the City of Santa. Monica.
County of Los Angeles , State of California:
Those portions of Lots 44 and 45 of Copeland Square, as per map recorded
in Book 20 page 64 of Maps, in the offioe of the County Recorder of said
County, described as a. whole as follows:
Beginning at the most Westerly corner of said Lot 44; thence North 550
27' 20" East along the Northwesterly lines of said Lots 44 and 45, a dis-
tance of 106.10 feet, more or less, to the most Northerly corner of said
Lot 45; thence Southeasterly along the Northeasterly line of said Lot 45,
a distanoe of 15.56 feet; thence South 540 06' 33" West 93.66 feet to the
beginning of a tangent curve, conoave Easterly having a radius of 10 feet,
said curve also being tangent at its Southerly terminus with the South-
westerly line of said Lot 44; thence Southerly along sa.id curve an arc
distance of 16.41 feet, more or less, to the point of tangency with said
Southwesterly line of said Lot 44; thence Northwesterly along the South-
westerly line of sa.id Lot 44, a distance ot 28.8) feet to the point of
beginning.
I / ~ /'? /' ,/ .} /
D d if ,'.2. t ,f / it~'6Ij...cn"'9/.. /<,1ft:CL"k/.
ate. '/ ./ / :aa.v-w: ...d H.~ary .r
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STATE OF CALIFORNtA. }ss ~'e'f~ Y!lp~.{e.ry"Yzr--
COUN'I)~OF LOS ANGE,~ "~. ...
On ~.,,-t..(&!t,(.ylv 2.") ( 6' f before me, the under-
signed, a Notary Public in and for said State. personally appeared
_~df..~7 -- ..~~':';T'~:~:;h;:'l
_. . , NOTARY PUBLIC, CALIFORNIA ~
. known to me ,PRINCIPAL OFfiCE IN
. . . .. lOS ANGELES COUNTY
to he the person-B-- WJIOSC names...-.&re sllhS(~'lhed to the wllhm ' . ~
instrument and acknowledged that. they executed the same. .......-
WITNESS mr hand ~nd official seal. , ,) , '.
Signature :~/l0("f.AiL' ?bl/;/itC)tt/~
MICHAEL T. McLAUGHLIN
My Commission Expires May \7, 19b9
Name (Typed or Printed) (This area for official notarial seal)
Title Order No. 675 1847 Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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CERTIFICATE OF ACCEPTANCE
This is to certify that the City of santa Monica,
California, a municipal corporation. the grantee herein, by
and through its regularly appointed and qualified City Attorney ,
hereby accepts the real property or interest therein conveyed by
the within deed and consents to the recordation thereof by au-
thority of a resolution of the City Council of said City. a certi-
fied copy of which is recorded in Book D1502, page 621, of
Official Records of Los Angeles County. California.
IN WITNESS l~REOFt I have hereunto set my hand this
'4th day of f\Dri.l , 19 68 .
by
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