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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., / r1
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4. c~ty agrees to pay to Owner the sum of $ !fJl eo
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:
Francis Kelly and Violet M. Kelly, husband and wife, beneficiaries,
in the original amount of $2,000.00 dated May 7, 1959, recorded
June 4, 1959 in Book T756 page 861, Off'icialRecords, Instrument
No. 285
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 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.
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9. City agrees to reconstruct any e}~isting 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 sUnilar kind. Embankments less than
one foot shall be sloped.
1I. 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.
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IN WITNESS v~EREOF, the~ties hereto have hereunto
set their hands and seals this .3 day of ;&L-(!rA?I/~j I
1967-
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Harlan P . Rutter OWner
OWner
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.RECO~DING REQUESTED BY 2'71
c__ ~~ 0388SrG93S
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City ot Santa Monioa
AND WHEN RECORDED MAIL TO EECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY, CAUF,
ICi ty of Santa Moni oa I FOR TITLE INSURANCE & TRUST co.
Nome Ottice ot the City Attorney , JAN 16 1968 AT 8 A,M,
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Street City Hall I
AddtMI 1685 Main Street RAY E. LEE, County Recorder
C;~~,,: Lsanta Monioa, Calit.
G, 7 5 . 'r C/,IJIL SPAC~f&\'h T~~f~~1:F1f!tGriC~~E't5 'ifnl Ste
MA.ll TA.X STAUME'NTS TO
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Nome
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Address
City & ~, No tax due ,.____w, '1'
Stat. L ' . .:.............\
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AffIX I.R,S, $hu,mc,c,m.m.IN THIS SPACE l F i<Eg--::2._J
FREE RECORDING REQUESTED
ESSENTIAL TO ACQUISITION PUBLIC AGENCY NO TAX STATEMENT
BY CITY OF SANTA MONIC A I
SEE 6103 Gov. Code I Grant Deed
TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HARLAN P. RUTTER,
hereby GRANT(S) to the CITY OF SANTA MONICA, a munioipal oorporation
the following described real property in the City ot Santa Monioa
County of Los Angeles , State of California:
Those portions ot Lots 4 and 5, Block 4 ot Luoas Traot, as per map re-
corded in Book 6 page 221 of Miscellaneous Records, in the ottioe ot the
County Recorder ot said County, desoribed as follows:
Beginning at the Easterly corner of said Lot 4; thence Southeasterly a-
long the Northeasterly line ot said Lot 5, a distance of 20 teet to a
point lying on the Southeasterly line of the Northwesterly 20 teet of
said Lot 5; thence Southwesterly along said Southeasterly line, a dis-
tance of 3.45 feet; thence in a direct line, a distance of 40 teet to a
40int on the Northwesterly line of the Southeasterly 20 teet of said Lot
, said point being distant 3.59 feet Southwesterly along said North-
westerly line from its interseotion with the Northeasterly line ot said
Lot 4; thence along said Northwesterly line, a distanoe ot 3.59 feet to
said interseotion; thence Southeasterly along the Northeasterly line ot
said Lot, a distance ot 20 feet, more or less, to said point of beginning.
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Dated ;'~-'""-- ~ .; isfi~Ip'!' kuttefJ'l'/ff./
STATE OF CALIFORNIA }SS,
COUNTY OF LOR ANG~LES
On December 3, 1967 before me, the under-
signed, a Notary Public in and for said State, personally appeared
Harlan P. Butter
, known to me _'!:.~~1~~~:!~ .,jo~} ~',:.::~,<: ~\-~:~,'~".:..'~:"..~.:'.;! ': :J:r:_:!.~:\.;~
to he the persoD__whose namc-:--- subscribed to the within E~~N~Jl:\\C ,'. \C:~''''!
instrument and acknowledged thai executed the same.
WITNESS my hand and oOidal seal, ~..~ h: ,....~,.> ,/,',,:., . It
(~"7 ' II- . . ,,-V"(;.....~"';;".:;.;"i"..;;,..rv~;~~
Signature ;;?,f!7
DONl..~L~,. L \\DLC~'JY
"\' ;'o~m\s$~o!'\:2q~:r'l.:f: ,~~ov~~er 6, 1
Name (Typed or Printed) (This area for officii:tl notarial 6001)
Title Order No, 751 94 Escrow or Loan No,
MAil TAX STATEMENTS AS DIRECTED ABOVE
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CERTIFICATE OF ACCEP~NCE
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 D1502, page 621, of
Official Records of Los Angeles County, California.
IN WITNESS l~REOF, I have hereunto set my hand this
4th day of December , 19 67 .
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