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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 20
Title Report No. 675 1890
Title Officer Wm. Brawders
Seller COLE, Mingo
Address /5"./8'/'2 /7U/ 57:" .$ANT.19 Hp#/~I'J, C',p~/-"
Telephone No. rt:1Mv,R~ /,4//J.PFA. - EX .5"9/y,;r
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 approJdmately 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 20 in Block "B" of Ocean Spray Tract, as per map
recorded in Book 19 page 83 of Miscellaneous Records, in the Office
of the County Recorder of said County, described as follows:
Beginning at the westerly corner of said Lot; thence northeasterly
along the northwesterly line of said Lot, a distance of 10.34 feet;
thence South 400 04' 20" East, a distance of 40 feet, more or less,
to a point on the southeasterly line of said Lot, said point being
distant 10.48 feet northeasterly along said southeasterly line from
the southerly corner of said Lot; thence southwesterly along st.id
southeasterly line, a distance of 10.48 feet to said southerly corner;
thence North 390 52' 21" West along the southwesterly line of said
Lot, a distance of 40 ,feet, more or less, to said point of beginning.
Together with that portion of said Lot 20 described as follows:
Commencing at the southerly corner of said Lot; thence northeasterly
along the southeasterly line of said Lot a distance of 20.48 feet
to the true point of beginning; thence southwesterly along said south=
easterly line, a distance of 10 ,feet; thence North 400 04' 20" West,
a distance of 10 ,feet; thence easterly in a direct line a distance
of 14.17 feet, more or less, to said true point of beginning.
2/'-5
.
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 $ 2.000.00
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:
Mortgage with po,wer of sale dated July 26, 1966, in favor of the
County of Los Angeles, recorded September 21, 1966 in Book T-5110
page 774 Official Records, Instrument No. 2494
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.
2 /,:-5
.
9. City agrees to reconstruct any existing 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 hereunto
set their hands and seals this 2'7711 day of NPVEHBp;.-/l- ,
196,. .
CITY OF SANTA M;CA,
a municipal e6r~ ation
by /' /i4lj,,;);r-
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-L11.JJd G 0 O(l).l.f_
Mingo Cole Owner
Owner
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::. ':(c~"Nd .'QU''''D BY 24~) Sf . '-;,
City of Santa Monica.._,,~_._ "--'-"-rXz)-:;~J' ,D3BB7Pr; 92
AND WHEN RECORDED M"'L TO _~~<~ : ';,L\ 1...:;: ,
ICi ty of Santa Monica 'I FC!~," AN, , 17, 19(,. j,/[:C:,:~~:
Nom. Office of the City Attorney
SI,..I Ci ty Hall RAY E. LEE, County Recorder'
Add.... 1685 Main Street ' ,
C;ZOI~ L Santa JMo~lca, Calif. [fREE :;;Ct~
',7 ,/ -:: " .nk~ SPACE ABOVE THIS LINE FOR RECORDER'S USE ' -,
"A" TAX STATE"'NTS TO 1T Fourth Street from Bay to Hill Sts
I 'I Parcel 20
Name
Street
Add,... (NO TAX DUE)
City &
Stot. L -.J "~}J
AFFIX OOlU,./UT[..U,IN THIS SPACE
FREE RECORDING REQUESTED
ESSENTIAL TO ACQUISITION BY PUBLIC AGENCY NO TAX STATEMENT
CITY OF SANTA MONICA I I
SEE 6103 Gov. Code G D d
rant ee
TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MINGO COLE
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 , Slate of California:
That portion of Lot 20, Block "B" of Ocean Spray Tract, as per map re-
corded in Book 19 page 83 of Miscellaneous ReCOrds, in the office of the
County Recorder of said County, described as followss
Beginning at the Westerly corner of said Lot; thenee Northeasterly along
the Northwesterly line ot said Lot, a distance of 10.34 feet; thence
South 40Q 04' 20" East, a distance of 40 feet, more or less, to a point
on the Southeasterly line of said Lot, said point being distant 10.48
feet northeasterly along said Southeasterly line from the Southerly cor-
ner of said Lot; thence Southwesterly along said Southeasterly line, a
distance of 10.~8 feet to said Southerly corner; thence North 39Q 52' 21"
West along the Southwesterly line of said Lot, a distance of 40 feet,
more or less, to said point of beginning;
Together With that portion of said Lot 20 described as followss Commencing
at the Southerly corner of said Lot; thence Northeasterly along the South-
easterly line of said Lot a distance ot 20.48 feet to the true point of
beginningl thence Southwesterly along said Southeasterly line, a distanoe
of 10 feet; thence North 40Q 04' 20" West a distance of 10 feet; thence
Easterly in a direct line a distance of 14.17 feet, more or less, to said
Dated "point ot beginning.
NOII"EMBIiE"'/z 2"'5/967 4f (UC('-oC aLL;
} I!rngo Cole
STATE OF CALIFORNIA SS
COUNTY OF., LOS ANr.RT.RS "
On '/vPVEMRE:ii/2 2't,t /!l6:7 before me, the under.
signed. a Notary Public in and for said State~ personally appeared
. Mingo Cole_~
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. known to me
to he the person_whose namc_ subscribed to the within
~:~:~~~~ :~d h:e:;::~~~~a~h::aI. N$ executed the same, L:.l@~'.~' " . ~ ~ ;..~ J~ ~:;R;;E ~ " . -~',~ n
/"l '., .,' NOTARY PUBLIC, CALIFORNIA
, '/ / ' , , PRINCIPAL OFFICE IN
Signature (/. , LOS ANGELES COUNTY
4 My Commissjo~' Ex~re~I~;. 15 1970 ~ ~ . ~ ~ ~ . . . ~ ~ y ,; . ~ . I . . ~
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Name (Typed or Printed) (This area for official notarIal seal)
751890 Escrow or Loan No,
MAIL TAX STATEMENTS AS DIRECTED ABOVE ;;./FJ
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BKD3887rG 93
CERTIFICATE ~ ACCEP~NCE
This is to certify that the City of santa Monica.
California, a mun cipal corporation. the grantee herein. by
and through its r~gularly appointed and qualified City Attorney .
hereby accepts th~ 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 f Los Angeles County, California.
58 l~REOF, I have hereunto set my hand this
21th day of , 19 67 .
CITY OF SANTA MONICA,
a muni~~'
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by,/:f' ." (, ~
, CITY ATTORNEY
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