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OCEAN PARK BOULEVARD from
project Lincoln Blvd to Neilson Way
Parcel No. 24
Title Report No. 675 1823
Title Officer Wm. Brawders
Seller MELARA, Josee Dan & Domenica
Address aOQz: q~lo U~5 Santa Molli~D
Telephone No 396-0559
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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 unde:rsigned owner(s), herein-
afte:r :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.
NOl-\1, 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 office:rs, employees, and authorized
agents, including the contractor doing the project work.
2. The parties have set forth he:rein 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
ag:reement.
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 11, Block 1, Hill Crest Tract, as per map recorded
in Book 6 page 147 of Maps, in the office of the County Recorder of
said County, described as follows:
Beginning at the easterly corner of said Lot; thence South 550 26'
2811 East along the Southeasterly line of said Lot a distance of
44.36 feet, more or less, to the Southerly corner of said Lot; thence
northwesterly along the Southwesterly line of said Lot a distance of
14.01 feet; thence North 520 50'.08.'1 East 44.20 feet, more or less,
to a point in the Northeasterly line of said Lot, said point being
16.03 feet Northwesterly,=along said Northeasterly line, from the
Easterly corner of said Lot; thence Southeasterly along said North-
easterly line a distance of 16.03 feet to the point of beginning.
EXCEPTING AND RESERVING THEREFROM, all oil, oil rights, natural gas,
natural gas rights and other hudrocarbons, by whatsoever nmae known,
and all other minerals and mineral rights, vmether or not similar to
those herein mentioned, below a depth of five hundred (500) feet;
provided that grantor shall not have the surface rights to drill,
mine, explore or otherwise operate upon, in or through the land
conveyed herein, in the exercise of any of the herein excepted and
reserved rights.
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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 $ :3"OO.o..J){) I ,'f\1A .
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:
None
6. Owner may remove any or all improvements, including
p1antings, now existing on said property or in the area of the
temporary easement(s), hereafter referred to. If such improvements
or p1antings are not removed by the time construction starts on
said project, City, without any liability to OWner, may demolish
said improvements and/or p1antings.
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.
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9. City agrees to reconstruct any eJdsting 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.
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IN WITNESS WHEREOF, the parties hereto have hereunt~
set their hands and seals this d.. 0 day of ~ O,.'V\ \ C\ , Of
196 . .
CITY OF SANTA MONICA,
a municipal>. ration
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by
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Jose Dan elara er
Domen1ca lVIelara Owner
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RECORDING REQUESTED BY 280 " -
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. BK D4423PG 338
City of Santa Monica
6-)Jf~~ Js d RECORDED IN OFFICIAL RECORDS
I. AND WHEN RECORDED MA L 8:;.0 OF LOS ANGELES COUNTY CALIF
I C'' At~ --, ~R TITLE INSURANCE & TRUST co,
Nom. ~-cy I.orney 'JUt 2 1969 AT 8 A.M.
Stre.t City of Santa Monica RAY E. I.EE, Registrar-Recorder
Address 1685 Main Street
Chy & Sl.mta Monica, Calif. 90401
Stat. L ~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAll TAX STATEMENTS TO OCEAN PARK BOULEVARD from Lincoln Blvd
I . tl."'"' "I to Neilson "Jay
Nome /ilt/(Y1/lrC- PiUWEL 24 .~
Str"'/)'-' t .-,c'/--'
Address (J/:-t FREE RECORDING REQUESTED ESSENTIAL TO
City &
Stat. ACQUISITION BY CITY OF SANTA MONICA
DOCUMENTARY TRANSFER TAX $u.?-~I:ll.~.nmn SEE GOV'T CODE 6103
.~-?-, L~~' Title Insurance and
Trust Company
S~~ED - PARTY OR AGENT
-'As instructed bye ___It._~___ .m.........G ant Deed AFFIX I.R.S. $...NQ_nTNCuJI~_ ABOVE
TO 405 C (4.67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOSEPH DAN MELARA
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:
That portion of Lot 11, Block 1, Hill Crest Tract, as per map recorded in
Book 6 page 147 of Maps, in the office of the County Recorder of said
County, described as follows:
Beginning at the easterly corner of said Lot; thence South 550 26' 28"
East along the southeasterly line of said Lot a distance of 44.36 feet,
more or less, to the southerly corner of said Lot; thence Northwesterly
along the southwesterly line of said Lot a distance of 14.01 feet; thence
North 520 50' 0811 East 44.20 feet, more or less, to a point in the North-
easterly line of said Lot, said point being 16.03 feet northwesterly,
along said northeasterly line, from the easterly corner of said Lot;
thence southeasterly along said northeasterly line a distance of 16.03
feet to the point of beginning.
EXCEPTING AND RESERVING THEREFROM, all oil, oil rights, natural gas, nat-
ural gas rights and other llydrocarbons, by whatsoever name known, and all
other minerals and mineral rights, whether or not similar to those herein
mentioned, below a depth of five hundred (500) feet; provided that grant-
or shall not have the surface rights to drill, mine, explore or other-
wise operate upon, in or through the land herein conveyed, in the exer-
cise of any of the herein excepted and reserved rights. ~
Dated % (I'l.""", 9--3 \0. L, q !~ ~n~Q-^^ O)')\J..i~
.) iep . an. . lara ~
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, known to me ~
to be the person_whose name_ subscribed to the within m
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instrument and acknowledged that executed the same. m
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WITNESS m;t~nd official 8M '. --;
Signat>Ye 4.'.r~..L/~;1~,...,?/ MV Commi$slon Expires November 1, 1971 ~
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Name (Typed or Printed) 0
(Thh. area for o:ftleial notarial seal)
Title Order No. scrow 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 authority of a resolution of the
City Council of said city, a certified copy of which is
recorded in Book Dl502, page 621, of Official Records of
Los Angeles County, California.
IN WITNESS WHEREOF, I have hereunto set my hand
this 12th day of March , 19~ .
CITY OF SANTJ,\--'MONICA,
a municipal/corporation,
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BY /. (./ . ..--
) City Attorney
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