44 OP
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, . project OCEAN PARK BLVD VJIDENING
parcel "
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Title Report No. h7 5' !in7
Title Officer Tohn ~imq
Seller rrSrrRn'T'l\lifT J .TRm"'" S p~ Rn"e S.
Address /~?C) ?C)f:h Sf: =
S~n~~ Mnni~RJ ~~li~
Phone No. EX 6-2496
AGREEMENT
The following Agreement is entered into, in duplicate, be-
tween the City of santa Monica, hereinafter called "Buyer" and
J MillS S. TSURUTANI and ROSE SHIZUKO TSURUTANI
the undersigned owner(s), hereinafter called "Seller".
For $ '7Jnnn nn , to be paid as herein
provided, Seller agrees to sell, and Buyer agrees to buy, the following
described real property, located in the City of Santa Monica, County of
Los Angeles, State of California:
Lot 5 in Block "Q" of the Santa Iiionica Commercial Company I s Tract, as
per map recorded in Book 52 page 27 of I.Iiscellaneous Records, in the
office of the County Recorder of said County.
( 1) Seller authorizes Buyer to immediately proceed to cause
title to said property to be cleared of trust deeds, liens, encumbran-
ces, etc., so that upon recordation of the deed hereinafter referred
to there may be secured from a reputable title insurance company in Los
Angeles County a policy of title insurance, on its standard form, in-
suring title to said property to be vested in Buyer, in the sum of
$ 17,000.00 , free and clear of all taxes, assessments, con-
ditions, reservations, restrictions, exceptions, defects, easements,
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rights of way, liens and/or encumbrances of whatsoever nature, except:
(a) Taxes as follows: CurE'en-t taxes
and except such as Buyer may elect to waive. Such waiver shall be ef-
fective only when in writing and signed by Buyer's City Manager. The
policy of title insurance, all deeds and documents required herein
shall be satisfactory to, and approved as to form by, the City Attorney.
.?(2 ) Coincidentally with the execution and delivery of this
Agreement, Seller shall deliver to Buyer a grant deed to the property
herein described.
\/(3) Should a preliminary search of title reveal any defects
of title, Seller agrees to cooperate with Buyer and with the title
company, to the fullest extent of his ability, to correct such defects.
Y/(4) T^7hen the title, deed and all documents are satisfactory,
Buyer may then cause the deed to be recorded with the County Recorder
of Los Angeles County.
15 ) Buyer shall then obtain the policy of title insurance.
Furnishing of said policy shall be at the expense of Buyer.
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~/( 6 ) The City of Santa Monica claims exemption from payment
of Federal Documentary Stamp Tax, but such exemption does not necess-
arily extend to the Seller herein. Payment of any such stamp tax, if
found due, shall be by the Buyer.
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(6a) All city and County taxes shall be computed, pro-
rated and paid as provided by law outside of this transaction.
(6b) Buyer shall pay demands for elimination of encum-
brances, liens, etc. , and costs in connection therewith and Buyer shall
deduct such payments and costs from funds otherwise due Seller. Before
such payments are made Seller will present to Buyer for verification the
amounts due on such encumbrances, liens, etc.
(6c) Buyer represents that it is acquiring the herein
described property for an authorized public use and Buyer's purchase
thereof is made as a negotiated settlement in lieu of acquisition by
condemnation' proceedihgS1:0expedIte-cons'truction and completion of the
public use and to avoid the delay, uncertainty and expense that a con-
demnation action would entail.
(Gd) Except for oil leases, if any, Seller warrants
that there are no oral or written leases on all or any portion of said
property exceeding a period of one month and Seller agrees to indemnify,
save and keep Buyer free and harmless from and against and to reimburse
Buyer for any and all losses and expenses occasioned by reason of any
lease of all or any portion of said property held by any tenant of Seller
for period exceeding one month.
(6e) Seller will deliver possession, together with keys,
to Buyer, free of tenants or occupants, upon payment of the amount due
Seller hereunder.
(6f) This sale does not include furniture, furnishings
or other items of personal property, as may be located in or on the
premises, provided that any such items remaining at the time of delivery
of possession to Buyer shall be deemed to have been abandoned, and
Buyer may deal with or dispose of the same as it alone sees fit.
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(6g) Seller consents to the dismissal of any eminent
domain action in the Superior Court of the state of california in and
for the County of Los Angeles wherein the herein described property is
included and waives all attorney's fees, costs, disbursements, and ex-
penses incurred in connection therewith, and waives claim to any de-
posit made by Buyer in such action.
(7) When the above mentioned policy of title insurance has
been received, and approved by the City Attorney as aforesaid, Buyer
shall immediately cause to be prepared and delivered a check, in the
usual form, drawn upon Buyer's City Treasurer in the amount set forth
above less any deductions provided for herein.
'i (8) If for any reason Seller's deed is not recorded within
one hundred twenty (120) days from the date of this Agreement, then
either party hereto may, by written notice, terminate this Agreement.
Upon any termination all rights and obligations of the parties shall
thereupon be free of and released from all liability hereunder; pro-
vided, nevertheless, that Seller shall be entitled to the return of
his deed.
(9) Any notice to Seller hereunder shall be deemed received
and effective either upon personal service or upon deposit in the United
States mail in a sealed envelope with postage prepaid and addressed to
Seller as follows:
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Any notice to Buyer hereunder shall be effective only upon
receipt thereof by Buyer's city Manager, Room 205, City Hall, Santa
Monica, California.
IN WITNESS ~ffiEREOF, the parties hereto have caused these
presents to be executed with all the formalities required by law on
the dates set opposite their respective signatures.
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~~J 2-/ 8",mes s. T~urutani
I 196Y ((;'.-4. . L/ 'i<i (.( ICt' :' ;'~G^t. L{ ~~
Kose Shlzuko surutanl
I 1967 Telephone No. EX {: 2tJtJt
, 1967
, 1967
SELLER
CITY OF SANTA MONICA, a municipal
corporation
Bv
Perry Scott
City Manager
APPROVED AS TO FORM:
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Assistant City Attorney
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OCEAN PARK BOULEVARD from
Project Lincoln Blvd to Neilson Way
Parcel No. tlA
Ti tle Report No. 675 2067
Title Officer Wm. Brawders
Seller TSUROTANI Henry J.
Address 1204 Ash!nd Ave. Santa Monica
Telephone No. 396-3830
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 approximately in
January of 1968.
NOW, THEREFORE, it is mutually agreed between City and
Owner as follows:
1. 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 6, Block "Q"ofthe Santa Monica Commercial
Company's Tract, as per map recorded in Book 52 page 27 of Miscell-
aneous Records, in the office of the County Recorder of said County,
described as follows:
Beginning at the northerly corner of said Lot, thence southeasterly
along the northeasterly line of said Lot a distance of 10 .feet;
thence westerly a distance of 14.15 feet, more or less, to a point
in the northwesterly line of said Lot, said point being 10 feet
southwesterly, along said northwesterly line from said most northerly
corner; thence northeasterly along said northwesterly line 10 feet to
the point of beginning.
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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 ~. ,{ A J. '
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, and/
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:
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 and/or plantings.
7. City agrees that construction shall not start before
March I, 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.
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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 e}~ceeds 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.
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IN WITNESS WHEREOF, the d[art;;s hereto h~ h~eunto
set their hands and seals this ;:2# day of ,hJ '
196q. '
CITY OF SANTA MONICA,
a municipa poration
by
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OWner
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. Owner
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. ~ORDING ~EQU.ESTED B. 107 . 8KD4207PG223
of Sante Hanin
A~z..:52.,{!:! Z T'7'~ I #~ RECOi"DE;:; ii, OCfi8:A1_ RECORDS
CC.UciT't, G/dJF.
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I--Y 0__ ,_8n,.a l'Ou.Lev I
Nom. Office of the City Attorney fiO'.,!. 19G8 ,.., rU'.t
Sh..' Cit;;' Hall 1
Add,... 1685 Main Street '" I
C;;~at~ L Sai1ta Monica, Calif._ -.l
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAll TAX STATEM'NTS TO r 'D k BId fL' 1
I . . --, ,Jcean L ar . au evar rom ".nca n
Nam~ ~ BllTd to Ne].lsan ~vay
~ Parcel 8B
Street ,..-
Addreu
C;;iat~ L -.J AH[X~9t.s~~m~~___IN THIS SPACE ~
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,
JA}ffiS S. TSURUTANi and ROSE SHIZUKO TSURUTANI,
husband and v,d.fe
hereby GRANT(S) to the CITY OF SANTA I10NICA, a municipal corporation
the following described real property in the City of Sante Monica
County of Los Ange les , State of California:
Lot 5 in Block 110ft of the Santa Honica Commercial COmDan\T'S Tract, as
per maD recorded' in Book 52 page 27 of r-fiscelLaneous Records, in the
offLce of the County Recorder of 88.:Ld County.
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BY CITY OF SANTA MONICA ':<
SEE GOV'T CODE 6103 .t5
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~~0j"il:':j'"; i ,-'--,~y Tr;/\:'.;S:::~ER Tl~:~1$--" ,~
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Sl ]'..;i:D ~ j'j-.:{'-"~-: /-':::->'(i' ;':'~,,'I- - Fn
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/ ames Ssurut8_nl ~
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STATE.... OF CALIFORNIA }. Rose 8hL:uko' surutani
COUNTY OF LOS ANGELES SS.
On NOVEMBER 22. 1968 before me, the under.
signed, a Notary Public in and for said State, personally appeared
Jf'.mpf' S TS':Jrutan:'_
and
:Rose Sh:L~?;111(o TS1JrlJ,tani
. known to me i...........~.....'9v...............
to be the perso~whose nameS 8~e subscribed to tbe within ", MARY H. CIMINO :
instrument and acknowledged that tney execnted the same. .@"':;'NOfM'YPUBUC'C.AL!FORNIA:
WITNESS my hand and official seaL . , . l'i',iNCI?Al OrF:C~ :r~ :
~ t LOS ANGELES COUNTY . ~
Signature c..:........ ~ ~:'l. .""" ~...c ..............._..~..._......: 0-
, MARVYCIMINO, Notary Public --J
in and fOr the GaBI'B.y; dfI.'JI'~id46tMJbf California (Thi<; area for offIcia.1 notarial seal)
My Commission Expires August 1; 1969
Title Order No. 6751807 ----.Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE ~4.f-t::JIP
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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 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 22nd day of November , 19~.
CITY OF SANTA MONICA,
a municipal corporat i?I'!t-
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BY (' (, 'I.( /\ C 'c-,c.<_
.. City Attorney
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