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26 FS . I I "" .~ . Project FOURTH STREET from Bay to Hill Sts Parcel No. 21 Title Report No. 675 l8g1 Title Officer Wm.Brawders Seller SCHNELLE. Fred A. & Gertrude Address '$1- 8 f f\ elF' I c... '':'T S7Ft MON leA Telephone No. J: ^ q - LJ q '3 J,.. 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 appr01dmately in January of 1968. Nmq I 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: Those portions of Lots land 2 in Block 4 of Lucas Tract, as per map recorded in Book 6 page. 221 of Miscellaneaus Records, in the office af the County Recorder of said County, .described as follows : Beginning at the easterly corner of said Lot 2; thence southwesterly along thesouth,easterly line of said Lot2a distance af 3.94 feet; thence North 400 04," 20" West a distance of 120.feet, more ar less, to. a paint on the northwesterly line of said Lot 1, said point being distant 4.36 feet southwesterly along said northwesterly line fram the northerly corner of said Lot 1, thence northeasterly along said north- westerly line, a distance of 4.36 feet to said northerly corner; thence South 390 52' 21" East along the northeasterly line of said Lats, a distance of 120 .feet, mare or less, to said pointaf beginning; Together with that portion af said Lot ldescr~'ed as fallows: Commencing at the northerly corner of said Lot 1; thence southwesterly alang thenarthwesterly line of said Lot 1, a distance af 14.36 feet to the true point of beginning; thence northeasterly along said north- westerly line a distance of 10 feet; thence South 400 04' 20" East, a distance of 10 feet; thence westerly in a direct line a distance of 14.12 .feet, more or less, to said true point af beginning. 2 b Pi: . . . ", ~ ' 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 $~,5:(f,q..~~ 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 I and restrictions of record I 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: None 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 Unprovements and/or plantings. 7. City agrees that construction shall not start befare 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 6 FS . '> ~, 9. City agrees to reconstruct any e_dsting 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. ll. 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. o.1U'~- ~~ ii. ~ a~VL- ,4-0 e,S ~~ ~ tvr (~ 1"rr<t j;.ylL. -~ ~~ ~ ,:/ 3, .2 ,a .. IN WITNESS h~EREOF, the parties hereto have hereunto set their hands and seals this day of J~W G \d1'W , 196 . CITY OF SANTA MONICA, a municipal corporation 2 1 ,{J by c;i7L~ 1~,-J1SJv...il~ Fred A. Schnelle Owner CBr&rUp SC~ll{t Owner {! V-R. fi. -c: 4, R.. ' -tJ'(..4-t -(. J!.f .12'-- 2. ?"F.5 r .{ l J l- t j I . J l~l .1 <::::s -~ ."',~ '.~ J .ri''''' ~\ . , ,,' i ,...... "'i', ,.0-' .- '","__ ,..... ". '~ ,...' t I~ 1 ~. .~/.'d, ...~ '.~... 1 ' I . ______J ~.. ~- . ,I I {\ 'I :.1 1 ~I\I : I I. . t :91\t ?IN, tI\ 01 " I- , "'1. f ~__-1 .1 - 7/. ()~' I. j .. . . L 1 =_= WALK . . I. ' I I . ,- -....... - -, .-- . - .-i\. IT~1 ~'-----, ,~ I I I I ^ ~. J $: . . . I ~ 'b ,. I I " g OJ I ~. 10i ..... ~p. "'j.. ~ . l't). 'f"1.., I L_ __--.J '. .', , Il\ .' . I ~ I :::... WAtl< , . .", , I .. l., ;1 ~.~ - [. ~. 1 'L__..J._L _'~ . >f!' '" . . It,;", w~ ,/ I ~~l11~: - -~~- .,.---'--- '.1 ! I.C: I - ~--- ~ . I. :tJ I ~~ ...r- I ..., i {,j ::s 'b lh 11:1 ~ ~ 111 '\ ~ c:: I I '4-1\ '1-' I '1 [5>~' . I I I \ I I \ . " ---...' _.----. - ---..- -- ------ 'Z.6FS . ;ECORDING REQUESTED BY 235 ~ K 03895 r G IDS' .-+-" C1ty of Santa Mon1ca AND WHEN RECORDED ...AlL TO 0" IC1ty af Santa Monica I ' Nome Office of the C1ty Attarney JAN 25 St,.., C1 ty Hall :~:..: 1685 Ma1n Street RAY E. LEE, County Recorder J ' ~ I 'S~.te L Santa Monica. Calif. --.JFREE F SPACE ABOVE THIS LINE FOR RECORDER'S USE MAil TAX STATEMENTS TO Fourth Street from Bay to H111 Sts I "I Parcel 21 Nome Street Address City · I No tax due St.t. L -.J AFFIX I.R.S. $mmn.uu_mu.1N THIS SPACE FREE RECOP~ING REQUESTED ESSENTIAL TO ACQUISITION BY CUy Df Santa MDn:tca SEE;gDv I t CDcle 6103 Grant Deed THIS FORM FURNISHED BY TI'rLE INSURANCE AND TRUST COMPANY TO 405 C FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRED A. SCHNELLE and GERTRUDE SCHNELLE, husband and wife hereby GRANT(S) to the CITY OF SANTA MONICA. a mun1c1pal corporat1on the following described real property in the C1 ty of Santa Mon1 ca County of Los Angeles , State of California: Those portions of Lots 1 and 2, Block 4 of Lucas Tract. as per naap record- ed in Book 6 page 221 of Miscellaneous Reoords, 1n the ottice ot the County Recorder ot said County, described as tollaws: Beginning at the Easterly corner at said Lot 2; thence Southwesterly a- lang the Sautheasterly line ot said Lot 2 a distance of 3.94 teet; thence North 400 04' 20" West a distance ot 120 teet. mare or less, to a point on the Northwesterly line ot said Lot 1, said point be1ng d1stant 4.)6 teet Southwesterly along said Northwesterly line from the Northerly cor- ner ot said Lot 1; thence Northeasterly along said Northwesterly line, a distance ot 4.36 feet to said Northerly corner; thence South 390 52' 21" East along the Nartheasterly line at said Lats, a distance ot 120 teet, more or less, to said point of beginning; Together with that portion ot said Lot 1 described as tollows: Commencing at the Northerly corner ot said Lot 1; thence Southwesterly along the Northwesterly line ot said Lot 1, a distance ot 14.36 teet to the true point ot beginning; thence Nort~ easterly along said Northwesterly line a distance of 10 feet; thence South 400 04' 20" East, a distance ot 10 teet; thence Westerly in a dir- ect line a distance of 14.12 teet, more or less, to said prue point ot beginning. .? ,', JAM 20 1888 ic.{j!L)j S ,.~{.i.(;,_ Dated Fred A. Schnelle } --Gertrude sehn~e STATE OF CALIFORNIA SS. (;/1 'j[' , , _ . , _ COUNTY OF LOS ~(rw.r.Rs ,'Y..eh]:'T-cr.-r(e h-",,/!!'A On }...'O .1... 'JA 1 q '-0 '6 before me, the under. ' signed, a Notary Public' l~ and for said State, personally appeared Fred Ai Sehnel]e and Gertrude Schnel e ... ,il",U~~ ..~~ . ,,,,,,,,'1 I~ ~ ' ~"n..,.),,,., -:,:':....--:; . ~. r;..~- " ."," "~I . known to me rtf~'\Fo'l~;S"\ ~~" cr"u~OR,"\h! '. .. ,{f~~-.r;:'::~7<:-;::i :<:1 NO"I !\;-~ { _0, .. :. tr1 to be the per5o~whose nam~ subSCrIbed to the, WIthm '..~'S)~'._~;,,':ijJ':::'/i PidN~\/,/~L.~ / ()UN1Y d k I d d h they t d th ....'" 'w,." . , ." ,4"d.~~ ~ instrument an ac now e ge t at execu e c same. ~~{_ ~.,: WITNESS my haud and official se~. . ~ ~ ,J; Signature " _ ___ "_ .'" NECESSARY IN CRAIN OF ~ DONAtO t. MOLONY ----MY-~"1fflti~jv~T~pt;'l~~ ti:1~fer;&cr (This area for official notarial seal) Title Order No._ 6Z5L89.l. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE :2 6 FJ r ~ @ I Q ~ (]) ~ ~ ~ \,) $:l ffi Q @ $:l ~ Ul.J ~..... "'~ i ~ ~ .Ju I E-< ~ iil"" S :5 ~ E:.....I $:l $:l 0 ~ g ~ ~ '---' ~o ",,,, ;Z ~ ~z (]) in ~~ ~;:1 "'!:: r "" '.... ~ ~:= "-I ~ ~ ~ o u Q ~ (]) ~ ~ ~ \,) $:l ffi Q @ $:l C\S Ul.J ~..... ",.J ~ ~ ~ E~ ~ E:.....I ~] g ~ ~ Z ~ ~ ~o ~~ ...."j '" -.+-J ~ 0 I ~ "" 00 UlX '-;:1 "'~ ~ ~ ~ ti:= ~ ~ ~ ~ o u @ .ct · T - , . . i.-"-" ,,1 . ~. ~ K 03895 r G '09 CERTIFICATE OF ACCEPTANCE This is to. certify that the City af Santa Monica, California, a municipal corporation, the grantee herein, by and thraugh its regularly appainted and qualified City Attarney , hereby accepts the real praperty 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 Baok D1502, page 621, of Official Records of Los Angeles County, California. IN WITNESS WHEREOF, I have hereunto. set my hand this 22nd day of January , 19 68 . CITY OF SAN'.'('l\. MONICA, a munic;palco_r atio!!.. ,/ ..--- ,// . ~ 2f,FS