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38 OP t .. . " ~ \ , ' , OCEAN PARK BOULEVARD from Project Lincoln Blvd to Neilson Way Parcel No. 60 Title Report No. 6715 18'1<;1 Ti tle Officer Wm. B:rAWdp-:r~ Seller DAVIES, T. M. & RhodA M. Address ~7~8 Mandevi' lp-Cll'lnynn 'Rr'lJ T. 4.. Telephone No. ClR '?-7746 90049 AGREEMENT The following agreement is entered into, in duplicate, between the CITY OF SANTA MONICA, 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}:imately in January of 1968. NOW, THEREFORE, it is mutually agreed between City and Owner as follows: L Wherever "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: That portion of Lot 55, Copeland Square, as per map recorded in Book 20. page 6401' Maps, in the office of the County Recorder of said County, described as follows: Beginning at the northerly corner of said Lot; thencesoutheas.terly along the northeasterly line of said Lot, a distance of 15.80.feet thence in a direct line a distance of 40 feet, more or less,to a point on the southwesterly line of said Lot, said point being 15.61 feet.f'rom the westerly corner of said Lot; thence northwesterly a distance of 15.61 feet to the westerly corner of said Lot; thence northeasterly along the northwesterly line of said Lot a distance of 40 feet, more or less, to said point of' beginning. 5$'-01' . " . . , I (l 3A. Coincidentally with the execution and delivery of . this agreement, Owner shall deliver to City a grant deed to sa id ffJ /, property. ""7 lOA /r () ./"" ,..,,;/ .5\(..." v /' /ff\. 4. City agrees to pay to Owner the sum of $ "".)'1 :. .1!.O . r / 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., sprinJders, 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 ta)~es 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: None 6. Owner may remove any or all improvements. including plantings, now existing on said property or in the area of the temporary easement(s), hereafter referred to. If such improvements or plantings are not removed by the time construction starts on said project, City, without any liability to OWner, may demolish said improvements andlor plantings. 7. City agrees that construction shall not start before March 1, 1968. 8. In addition to said property described in said grant deed, Owner hereby grants to City a temporary easement for con- struction purposes on the remaining property of Owner. The area of said easement is shown on a plan, marked Exhibit A, attached hereto and made a part hereof. Said temporary easement shall terminate and be of no further force or effect at the time City formally accepts the completed project from the contractor doing the project work. 2. c:Jf .1 . , 9. City agrees to reconstruct any existing 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. 3~oP . " .' " , IN WITNESS WHEREOF, the partJes hereto hJve hereunt{(. set their hands and seals this '3~ day of . () 15~. (0 , 196 . . CITY OF SANTA MONICA, a munici orporation by J;~ //'11~,'1fr~)Davie~,. .;2 ,Owner, / '.1 /./ /' Zf/ '. 1/ ct:<-. ,A",{/, . ~i~ "" <. ',,," , Owner Rhoda M. Davies 3g-of -,' rr-'--l-~- t\ . ... ... . . I I I I \ I I I I !,l I I .~----_.- I . I ,- I I I . I ,---- ! ::tV)....... I ~ "'1- (J:) . ~ (:: "t- o CII C) () i ~ 0. " I O..c::: f L , . f ~ ~ I I ~ .,.. -- ....... ~~ , ",6' r ~ lI\ I'D -- ~ ~. Itl ~ . . .." ~ ~, - N ~ N I O! fl'\ . , r .....-, 10' , /5 , /:)' . /()' -, ..--- ,.----t- ---- -- ~ -- IS' , <'5" I ~ : I //~I.,:J/ _.... I -~t-1 ; 1I!f\ \1 I .,;~ . .~~ 1 / . " j " . \ I ?8'-D~ . - .. -- ...-1- - ~ / RECORDING REQUESTED BY 582 D K 04024 r G 8/5 . City of Santa Monica AND WHEN RECORDED MAIL 'To ICity of Santa Monica I Name Office of the City Attorney Slreet City Hall Address 1685 Main Street ; f~j\ y t.. LEE, County Recorder i Oty & Sant M i Calif . St.t. L . a on ca, .-J SPACE&BOVE THIS LINE ~R RECORDER.S USE MAIL TAX STATEMENTS TO cean Park Eo evard from Lincoln I I Bl VIi to Neilson Way Nome Paroel 60 Street Address FrmO-,< L:.E,CORDING City & ES[::<:NTlhL TO Stat. L ~ AFFIX I.R.s. $..."......"... ",IN THIS SPACE BY CITY OF SlNTL HGNICA ~NO Ti\_~< DUP: SEE GOV'r CODE 6103 I I --'''~. _:....~--: Grant Deed " ~'" ~. C!::_~2-~ TO .05 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, T. M. DAVIES and RHODA M. DAVIES, husband and wife hereby GRANT(S) to the CITY OF SANTA MONICA, a munioipal corporation the following described real property in the City of Santa Monica County of Los Angeles , State of California: That portion of Lot 55, Copeland Square, as per map recorded in Book 20 page 64 of Maps, in the office of the County Recorder of said County, desoribed as follows: Beginning at the Northerly corner of said Lot; thenoe Southeasterly along the Northeasterly line of said Lot a distance of 15.80 feet; thenoe in a direct line a distance of 40 feet, more or less, to a point on the Southwesterly line of said Lot, said point being 15.61 feet from the Westerly corner of said Lot; thence Northwesterly a distanoe of 15.61 feet to the Westerly corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot a distance of 40 teet, more or less, to said point of beginning. FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY Cit of Santa Monica SEE Gov't Code 6103 ,~ llilS NECESSARY IN CI:lAJN .oF mu: i ~" J~z~~~~ Dated f/AKCH ,,-gO) jClt:f? .To}';,. D~vies ..... . /1 /;::ch:,/:"t:~':~f;' //.., ~L:__-!:("'_( . ~,( STATE OF CALIFORNIA . }ss Rhoda M. Davies .",. COl~ OF LOS AN~~ '5 . On A~/ 0dt:J C <t.~ before me, the under- signed, a Notary Public in and for said State, personally appeared ..... ~ .... ... .. .... ... ... ..... .... -f' .... ... .... .... .... '" .. .... ... T. M. Davies and ~,Qd~ M. Davies ~e Mkh.., Uk~"9Min II . ~ . NOTARY PUBLIC, CALIfORNIA I . known to me ~ PRINCIPAL OFfiCE IN to he the pcrson--B--whose name-S----..a.r-e subscribed to the within ' . LOS ANGELES COUNTY instrument and acknowledged that thAY executed the same. ~............................................,..................... WITNESS 'Y hand and official seal Signature ..1:. MICHAEL T. McLAUGHllN My rnmmission Expires May 17, 1969 Name (Typed or Printed) (This area for official notarial seal) Title Order No, 675 1859- Escrow or Loan No. MAil TAX STATEMENTS AS DIRECTED ABOVE l I @ Q ~ ~ ~ 2 ~ Q = ffi Q @ = o::l VI.J o::l,..., '" ~ ~...... ~U ~ t--4 ;:1'ij S :~ ~ E-4 00 1""4 0 aU 7 = ~U ~g ~ t--4 o::l ~~ ~ ~ <0 ~ ~ 00 Iii", fIVti ~;:1 '" ~ ~ ..... ~ t;~ ~ ~ ~ ~ o U I Q i ~ ~ ~ 2 Q = ~ ~Q @=o::lL o::l 0. '" ~ 0...., ~ !:l~ s 1; ~ E-4 00 '-I 0 aU 7 = =0 ~g ~ t--4 o::l ~~ ~ ~ <0 ~ ~ 00 Iii", fIVti ~;:1 '"~ ~ ..... ~ s~ ~ ~ ~ ~ o U @ "", .. '\ - " - - ..... .~ - . ... < . ~ . ,.. J< " . ,.- oK 04024 r G 8/6 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 authority of a resolution of the City Council of said city, a certified copy of which is recorded in Book D1502, page 621, of Official Records of Los Angeles County, California. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of June , 19~. CITY OF SANTA MONICA, a municipal corpo;ati~~~ ,j BY / (~ ! c:.n CLJ ~ :i!f-Df'