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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 34
Title Report No. 67 62 661
Title Officer Al Lindholm
Seller EDRAK, Harry R. & Vivian J.
Address 2418 Fourth Street. Santa Monica
Telephone No. EX 9-09:14
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 apprmdmately in
January of 1968.
NO~l, THEREFORE, it is mutually agreed between City and
Owner as follows:
1. Nherever "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 northeasterly 12 feet of the southeasterly 50 feet of the
northeasterly one-half of Lot2of Vawter's Subdivision of Blocks
6,7,8,9,10,11,12 and 13 of the Lucas Tract, being 50.footf'rontage
on Abbie Street, (now known as Fourth Street), with a uniform width
measured along the southeasterly line thereof, as per map recorded
in Book 6 page 217 of Miscellaneous Records, in the office of the
county recorder of said county.
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3Ao 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 $2.800.00
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.go, sprinklers, walls, steps, etc. t 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 a11
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. In favor of Southern '~@,~~n Association,
dated September 14, 1956, reCQ. - . , 1956 in Book 52452
page 40, Official Records. ~
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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 p1antings are not removed by the time construction starts on
said project, City, without any liability to Owner, may demolish
said improvements and/or plantings.
70 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. $.' F'S
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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 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.
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IN WITNESS vffiEREOF, the parties hereto have hereunto
setti-heir hands and seals this day of JAM 201938 ,
196 .
/~ .2 2. r -rt,f by
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Harry R. Horak . ner
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Vivian J. H rak Owner
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. RECORDING REQUESTED BY 236 ~ K 03895 11 G f 10
City of Santa Monica
A.ND WHEN RECORDED MAIL TO
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Name Ci ty Attorney JAN 25 19GB /~T 8 A.iv1.
Str..t City of Santa Monica
Address 1685 Main Street RA.Y E. LEE, County Hecorder
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C;ty & Santa Monica, Calif. 90401 I FREE .~ F_!
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SPACE ABOVE THIS L.INEFOR RECORDER'S USE
MAil TAX STATEMENTS TO FOURTH STREET from Bay to Hill Sts
I -, Parcel 34
Name
Sf,"t
Address
City &.
Stille L -.J AFFIX I.R.S. $~.~.~~~..&~IIS 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,
HARRY R. HORAK and VIVIAN J. HORAK, husband and wife
hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation
the following descrihed real property in the City of Santa Monica
County of Los Angeles , State of California:
The northeasterly 12 feet of the southeasterly 50 feet of the northeast-
erly one-half of Lot 2 of Vawter's Subdivision of Blocks 6, 7, 8, 9, 10,
11, 12 and 13 of the Lucas Tract, being 50 foot frontage on Abbie Street,
(now known as Fourth Street) with a uniform width measured along the
southeasterly line thereof, as per map recorded in Book 6 page 217 of
Miscellaneous Records, in the office of the County Recorder of said
County.
FREE RECORDING REQUESTED
ESSENTIAI, TO ACQUISITION
BY City of Santa Monica
SEE Gov't code 6103
THIS NECESSARY IN CHAIN OF TITLE
JAM 2 0 lU88 ~4~Y /'P .~
Dated Harry R ."-.Horak .
STATE OF CALIFORNIA }ss Vi~J. Horak. .
COUNTY OF LOS ANGELES . . . -t' . '.!1-41) 'I ~
On _ L,.o ""-Jdi-",,,- it{" ~ ___ before me, the under-
signed, a Notary Public in and for said State, personally appeared
Harry R. Horak and Vivian J. Horak
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. known to me '~~"'~'~~~~-~?-.-; ,-:~':'.X.);,)"":"::-,.
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to be the persOJ~whosc namc~ subscribed to the within
instrument and acknowledged that they executed the same. ~ ~
WITNESS my hand and official seal. ~J.uAc ,.. ",. ~, l
i 01ctfl'(i1:~c!r&~'} "<f"5'. , Lc. '.:.;"L,.: (.OUNTY
................. ... 'Of,.~.......... .....-~rT................J.,.....
Signature DONAlD t. MOt~lY fJ
.y "Ol"'mi(;~.~t\ }~riit~.!; NrW'~ A. 10M
Name \ Typed or Printed) ('fliis area for offieial notarial !WAl)
Tille Order No. 67 62 661 -J. Sims Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE .2 ~F S
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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 01502, page 621, of
Official Records of Los Angeles County, California.
IN WITNESS l~EREOF, I have hereunto set my hand this
22nd day of January , 19 68 .
CI TY OF SANT.l\., MONI CA ,
a munic~.a: . corpo:!:,9-;;a:6n,
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