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25 FS \ , , .- . ... 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. .2SF5 . '" 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. ~ i-~. kc~ ,Jts>.<-.~ !i(jr..---. ,g ~.fc.-# 2.nrC ;:<L K2f(O I ~7f O~ 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 r . 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. :1 !.7.J . , . 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 / ~7~ Harry R. Horak . ner ?L~)~ ~ Vivian J. H rak Owner ;tS'F5 ~_ --I , ~::J!-""'" " ,. ' ~,~I I I ~ *:~_ 'L~~', _ ___ l' t I --,- m}1N,-'I; , I _ GlO 1 r- I. T---- --.- -- r---.J I ,I\t ~: ,I zk. 1 I ~ I )._~. . 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RECORDING REQUESTED BY 236 ~ K 03895 11 G f 10 City of Santa Monica A.ND WHEN RECORDED MAIL TO I -, r,,-, '.../oJ" 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 J C;ty & Santa Monica, Calif. 90401 I FREE .~ F_! Stot. L .-J 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 _u . known to me '~~"'~'~~~~-~?-.-; ,-:~':'.X.);,)"":"::-,. -. ~{~{:?il'1; '~~~!;'''i';:);;~c:!;::,'(;.~:;;r~':.l~ 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 @ Q ~ '" Q,) >. 0 ~ :;: C,) ~ 0: ~ '" Q @ I;\S .. -' I;\S ",-' 0- -,'" ~ ....0 ~ :;j~ s ;: -' ~~ ~ oo~o _ 0 ~I;\SU >= -' ",,,, ~ ....z Q,) 1n ~o lOr ....... :;j '" !: -4-J ti>= ~ . '""" ~ E-i -' E-i .. ::e 0 u Q ~ '" Q,) 2 u ~ C,) :;: 0: ~ "' Q @ I;\S .. -' I;\S 0- '" -' -,'" ~ ....u :;j~ S ;: -' ~ "' '" oo~o c u _ 0 ~ ~I;\SU >= -' ",,,, ....z < Q,) -4-J ~ 0 00 lOr ~ ....... :;j "'!:: -4-J ti >= . '""" ~ ~ E-i -' .. ::e 0 u @ . .. . . . , . '_? ~ K 03895 r Gill 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, .' /" // ;/ /,,",.., '/ I ~ ~/', -" 4"'" " by // ~ 0") .2SI.s