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11 FS . > . 400 , l'lECORDING REQUESTED BY City of 'Santa Monica ~ K 03862 r G II 0 AND WHEN RECORDED MA.IL TO r- I r 1\ECOKCED :>J OFF!CiAL FlECORDS I Name City Attorney , F6~ ~_f;~':~i"~:\NGEL[S .}R~~~L~O. City of Santa Monica , Stree' ! UEe 9 1967 AT 8 A.M. Addreu 1685 Main Street I C;~~at~ Lsanta Monica, Calif. 90401.-J I County Recorder 'i"V', 6762677 ANL H8 I I FREE SPACE ABOVE THIS L.INE FOR RECORDER'S USE MAIL TAX STATEMENTS TO FOURTH STREET from Bay to Hill r- I Nome Parcel 50 Street Addren City & Stale L ..J AFFIX I.R.S. $..~..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, S. DUKE KOSSLYN and RHODA KOSSLYN, husband and wife and HENRY WIRTSCHAFTER and BARBARA WIRTSCHAFTER, 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: The Southwesterly 12 feet of Lot 2 in Block 8 of the Highland Tractl as per map recorded in Book 24 page 55 of Miscellaneous Records, in the office of the County Recorder of said County. FREE RECORDING REQUESTED DX PUBLIC AGENCY NO TAX STATEMENT ESSENTIAL TO ACQUISITION BY CITY OF SANTA MONICA SEE 6103 Gov. Code Dated _ i 2 Ii /" ) STATE OF CALIFORNIA }SS. COUNTY OF-. IDS ANGELES On /fraY'l/!er:::.,f / '?L7 before me, the under~ signed, a Notary Public in and for said, State, personally appeared ,. S. Duke Kosslyn, RHODA KOSSL~___ HENRY wrRTSCHAFTER & BARBARA wrRTSCHAFTER ... ... ... ... .. ~ ,..-.....J"~'i..".i~ '~,,"._: .....'^,-.,.".'.,.,,;.................~......'><. ,-. -.,. 0'"'''' 'uc I . known to me ~ JOHN W. McKENNA to be the person~whoge name~~Ytbscrihed to the within "".. -,'" NOTARY PUBLIC. CALIFORNIA instrument and acknowledged thaL- i- h Py exe{~uted the same. ,. PRINCIPAL OHICE IN . WlTN ESS my ~~Ii\l and /9fficia] seal. .. LOS ANGELES coum . (...~ );.., )77 ?-c//> -. Signature.+..~ . ~ III Commission Expires Jan. 25, 1970 . JOHN 117. McKENNA Name (Typed or Printed) (This area for official notarial seal) Title Order No. 676 2677 Escrow or Loan No, MAIL TAX STATEMENTS AS DIRECTED ABOVE jlFS , . , .' . Project FOURTH STREET rrom Bay to Hill Sts Parcel No. 50 Title Report No. 676 2677 Title Officer A. Lindholm Seller KOSSLYN& WIRTSCHAFTER Address Kosslyn. 1741 Oce;m Park Blvd~ S.M. Telephone No. 399-~772 (From L.A. 70-1867) 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: L lrfuerever "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: The southwesterly 12 .feetof Lot 2 in Block a of the Highland Tract, as per map recorded in Book 24 page 55 of Miscellaneous Records in the off1ceof the county recorder of said county. ' //F5 , I '. 3A. Coincidentally with the execution and delivery of .~ ~ th is a greamen t, Owner sha 11 deliver to cn y a grant deed to sa id ~ < III . property. Jjf ~ :z 6.!1S; jfJI /) , . 4. City agrees to pay to owner the sum of $ -><>, ~8"l..go . v 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: 1. A Deed of Trust in favor of Henry S. Court and Adeline F. Court, husband and wife, datedSepternber. 7, 1967:; recorded September 12, 1967 in Book T 5496 page 19 of Official Records, Instrument No. 967. 6. Owner may remove any or all improvements, inclu~ing 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 L 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 E,~hibit 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. /I FS , . . 9. City agrees to reconstruct any e:ldsting 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. /lFS , . . . IN WITNESS ~~EREOF, the parties hereto have hereunto set their hands and seals this / ~ day of L?E~.6H? , 1967. by .\ L t' . \' v . S. Duk Kosslyn ~ '7t::2d -4. Hmry W s'charter ~er J ), ~-.i,<&~~ ~ . '. .-./ I/B '\"" 11\1 1 \ ' ',\.)j "I L~-- -_.,~ i ~ [ I ,n!Iti___________ ,', . '.Al- A ~ ___ .- --:::.-::..-:=-==-==-= =-=i--- .; J C) t --- I ---I ~I) c::l - - - - - - r -kJ I I- , I"' r~ "1 ~ ,l \ ~ I, I "I 3) 1""-' 1\1 I L :tl 0- I /" . I ,. -- , ~~-- tI 1 ---- --,~ - - ~ 1 " - - - --- - - -., 1 I I . 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J.. . .. \- . , ~" . , .. ~ J . ~~ D386zrG III 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 01502, page 621, of Official Records of Los Angeles County, California. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December , 19 67 . CITY OF SANTA MONICA, a muni9.pal.,co~a~fon, ~. /" cf~/ML- by f .......,':,-' / / ,. L ~ ,/ CITY ATTORNEY ~. O' 0 //FS RECORDING REQUESTED BY " . 399 City'of ,Santa Monica AND WHEN RECORDED MAIL TO BKR289 , pc889 ICity Attorney --, ,,'_.if'. Nome City of Santa Monica Street 1685 Main Street UEe 9 1967 I-'lT 8 A.M. Address Santa Monica, Calif 90401 ..-'...."'...'- I vi City& L .J C(,';unty Recorder I FREE State SPACE ABOVE THIS LINE FOR RECORDER'S USE TITLE ORDER NO, TITLE OFFICER 67 62 677 Al Lindholm FOURTH STREET from Bay to Hill Sts PARCEL 50 TO 431-1 C PARTIAL RECONVEYANCE TITLE INSURANCE AND TRUST COMPANY, a corporation, of Los Angeles, California, as duly appointed Trustee under the Deed of Trust hereinafter referred to, having received from Beneficiary thereunder a written request to reconvey, in accordance with the terms of said Deed of Trust, all estate now held by said Trustee under said Deed of Trust in and to the hereinafter 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 BARBARA WIRTSCHAJ.iTER R _ nTJ'l<"F. KOSSI.YN AND RHODA KOSS.L~ANDHENRY WIRTSCHAJ.iTER AND , Trustor, a nd recorded in the Official Reeords of Los Angel,es ____~County, California, as follows: Date R"'rt~mbP,. 1::>, 19h7 as Instr. No. 967 in Boole T5496 , Page 19 , Now, Therefore, in aecordancc with said request and the provisions of said Deed of Trust, TI'ILE INSURANCE AND TRUST COMPANY, as Trustee, does hereby 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, stale of California, described as follows: The southwesterly 12 feet of Lot 2 in Block 8 of the Highland Tract, as per map recorded in Book 24, page 55 of Miscellaneous Records, in the office of the County Recorder of said County. FREE RECORDING REQUESTED THIS NECESSARY IN CHAIN OF TITlE ESSENTIAL TO ACQUISITION BY CITY OF SANTA MONICA SEE 6103 Go-q. Code 1 his is to oertify thaI this ~ocument is presented for reccrri 'hi' ~lght of Way De artmentund,,' 'ec,~6103 and is ~ecessary to . . CEf! t tltl"o f to pro~ acqu,lr:..::d D) .he Y San a M~ca y 8Y_..,&",: " .~~Ak".,...._ RIGHT Of WAY AGENT 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 Seeretary, thereunto duly authorized. Dated December 13,,1967 TITLE INSURANCE AND TRUST COMPANY, as Trustee, R-220075 ;'.,~:'~ ' By \?\";)~- Q Assistant Secretary STATE OF CALIFORNIA, }SS. COUNTY OF LosAn~e.;!.es 0" Decembel,' J..3;'1967 , before me, the undersigned, a Notary Public in and for said State, C-:l personally appear~ R. D. Bone known to me to be an Assistant Secretary of c.o TITLE INSURANCE ANI) TRUST COMPANY, the corporation that executed the 'foregoing instrument as such Trustee, and C&> known to me to be the person who executed said instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same as such Trustee. - " WITNESS mZd Offi:;al seal. , L~~; OFFICIAL SEAL IlARtlARA OTTEM NOiARY PUI:lLlC, CAUfORNIA SignatUTP . ..c.6d~~ .J FR:NCn'>l,l OFFICE IN I LOS ANGELES COUNTY Name (Typed or Printed) My Commission Expires January 9, 1970 (This area lor official notarial seal) IIF.5 1 I @ . ~ 1il r~ e w ~ ~ u Z '+< (]) >. 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