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50 OP . . . ,- . . , 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 ~S3S 13~~.1 ~o.,Jq M~ 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. s<::>- ,'),:; . I , : . " 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. 2. ~) . . 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. S"'c>- ();J " ~ { "., '. . 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 / ....,,.-,..,.,... by ~~&~in^-. Jose Dan elara er Domen1ca lVIelara Owner !:e-of' ~r '" j , '- ',-'c I ,,---' _~ I-- I. _" , V" I . ---....- . . i ,: ,,_.. I -<i ".~~- · ----~. -. , ., - :" '" ~ \ \~-~";'--' , ; .2( , 4." /0' b'-- I .. . i" < . j .7. u;. I' l.--- -- . <:s , I " ! N34" 33' 32" W 22. .60 I' . ~ 1 I .1.' ". . , ! I' .;.' ~ -,- - - I I " -,~' - -' I I .I.:', " - -- I ,I. I ~",;./ ~-i- ~ I .'" --" ' I II ..\./).,:. ,: I -1'00 ~ I I ~I c..'...J ~ \" " I ' I '\ I. ifubr~ ~ g f ~ ~ L, ~ ~ t I I ' ~l").~,. : -. ~ ~ I I I I I\}!. , ' ~ I , '. .'-,' ;,-_L- _ (b, J ~ I t \___." " : .. 5/.<>0' t~ 22.S" 22.' 45 I FOURTH'~' CT., j (-: t< /QS:5.Y' l ~ f- ~ \ \-'7\ r- C;; -- --, I ,~----i \ f>~ I tJ~ . l' I 'Q ~ ~ ~ , I' ":: ': ' \ \ ~ ~ \ ~, <;) - : , , I~ ' '<:) ~ \ l\) Q... ":- ~":it ~ I <b \ '\2S' .: >.. \- \ L-- ~--- --' -- ---, . "~ ~ . , /5";-' ". " I" ,- - \ r ,- ~ ~ 'r _..." , ,,,-, I . I " ~. '" .._. . ' R --1 ~.,.. ~ . ," -::: r - ~ '- \ I ~ <:)..... \ ~ . -.'.'1' " ,,-.' :t: "" ~ 'l "> . ' ." ,\ ~ --\. ....." tI) t> "0...... . .' I' " '" '1- ':1 1 11;9.9' " : :; Q, ., ./0.64 ' .. ;;). ~ ' .1 ~ \ t:'\~ L I :'J....:,/.--'--r'.-,.-J, --.',' .,', \ I ~ \ " I ,: ~ I ~,___-,-L-..J' L- - ~ I . ! .1 ":'"'" ':,:\I~.;F - ....-r-, I -'-- \\ii. ' I " ~. " . . ~ I . -' ' r::-rl~ r~---"l. . .~ ~ ~" r--..~ ~ ~ ...... ' . -\ ' , ' <:'l.'o \~\~~CI) -\ -.. N -~~, .~' I I 0 ~ ~ . .. : ~ ~ ~, \......... .. I I. } ~~ .l-;~~' ,~y. . ~\ .. -1' \ , ~j;)/09.i4- ill.- . ~ . I · II . I ~ I U Ir-1 ~ rJ ): ~...... , ~ \ . . .c '" C';)' " I .1.,. ""'~~..".\ ~ i.I' _lb"~ _. 11\ ~.., II \ \l-'~~J I \ I . I !>. ' , ~ " . , lA' ..... " If'" , 'I '! . _ --.---l .--:- - - . -"', \ . ,! .sO:--c~ ~ , . " RECORDING REQUESTED BY 280 " - ~.. . . 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. $...NQ_nTNCuJI~_ ABOVE TO 405 C (4.67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOSEPH DAN MELARA hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation the following described real property in the City of Santa Monica County of Los Angeles , State of California: That portion of Lot 11, Block 1, Hill Crest Tract, as per map recorded in Book 6 page 147 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the easterly corner of said Lot; thence South 550 26' 28" East along the southeasterly line of said Lot a distance of 44.36 feet, more or less, to the southerly corner of said Lot; thence Northwesterly along the southwesterly line of said Lot a distance of 14.01 feet; thence North 520 50' 0811 East 44.20 feet, more or less, to a point in the North- easterly line of said Lot, said point being 16.03 feet northwesterly, along said northeasterly line, from the easterly corner of said Lot; thence southeasterly along said northeasterly line a distance of 16.03 feet to the point of beginning. EXCEPTING AND RESERVING THEREFROM, all oil, oil rights, natural gas, nat- ural gas rights and other llydrocarbons, by whatsoever name known, and all other minerals and mineral rights, whether or not similar to those herein mentioned, below a depth of five hundred (500) feet; provided that grant- or shall not have the surface rights to drill, mine, explore or other- wise operate upon, in or through the land herein conveyed, in the exer- cise of any of the herein excepted and reserved rights. ~ Dated % (I'l.""", 9--3 \0. L, q !~ ~n~Q-^^ O)')\J..i~ .) iep . an. . lara ~ m ~ I 5 -_._----- .~ --..- ---.--- ~ , known to me ~ to be the person_whose name_ subscribed to the within m :s::: instrument and acknowledged that executed the same. m Z WITNESS m;t~nd official 8M '. --; Signat>Ye 4.'.r~..L/~;1~,...,?/ MV Commi$slon Expires November 1, 1971 ~ \rJ 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 I @ Q ~ Q) ~ ~ ~ C) ~ ffi ~.~:::A' ". ~ ~ mj ~ (..,'~ ~ ""' ~o( ..I--t ". i-4 S !:o ~. \. ..E~,."", ~ V'.' E;5 ~ 0 ~ ~ r-;;, " ~ 1-lC) ?;-' ~ ~ .... ~ ~ == .-flI 'lltlil In ~ ~ 0 ~ ..... r:lJ mr """ '::;j;:j '" !: """"" '.-4 i-4 I;;?; c..? ~ ~ ~ o o Q '" ~ ~ ~ ~ ~ ..' ~ ~ L ~.....'...". ~.:,.... -.,,--- -.' ~ ~ ~ ~ ~ (... L.....I i-4 0. ... 0 -, ~ ..... S ;:-' ..... '""d '" 0( ~; ~ .' ~ ~ 0 ~3 Z \~ ~~C) =~ .-flI ; . ~ ~o ~ Q) r:lJ mr """ '::;j;:j ~ !: """"" '.-4 i-4 ~?; c..? ~ ~ ~ I o I , f?\ \bI . ~- l' " , . " -- -~ 'oO --- -.---- .. . ~ , , <, <: . ~ . , '-\ .. . . .' ~ K 04423 r G 339 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, ~/ ... /; . ... \// (< l;: p>!.. C (- /;L ~ BY /. (./ . ..-- ) City Attorney l\:j (XJ 0 S- c::>_ of>