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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 14
Title Report No. 675 1884
Title Officer Wm. Brawders
Seller SHUBIN, Jack A. & Eleanor
Address
Telephone No.
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 appro~dmately 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 13 in BlocklB" 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:
i Beginning at the westerly corner of said Lot; thence northeasterly
along the northwesterly line of said Lot a distance of 9.37 feet;
thence southeasterly in a directl1ne a distance of 40 feet, more
or less, to a point on the southeasterly line of said Lot, said
point being distant 9.52 feet northeasterly along said southeasterly
line from the southerly corner of said Lot; thence southwesterly along
said southeasterly line a distance of 9.52 feet, to the southerly
corner of said Lot; thence northwesterly along the southwesterly line
of said Lot a distaneeof 40 feet, more or less, to said point of
beginning.
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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.
4. City agrees to pay to owner the sum of $1~575.00
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:
Columbia Savings & Loan Association, beneficiary by assignment
dated October 17, 1966, recorded October' 24, 1966, in the original
amount of $20,900.00, dated August 26, 1966, recorded September 24
1966 in Book T-509l page 404, Official Records, Instrument No. 56 .
6. Owner may remove any or all improvements, incl ud ing
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, 196B.
B. 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 Ey~ibit 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 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.
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13. Own~.r 6EJrgOS r.rI permi.t...inspectiotCor'a-ny bUildings>>
structur,:,~son...Owner' s'property at any and all reasgn::.hle times--=.,;" "
'i./
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 vlliEREOF, the parties hereto have hereunto
set their hands and seals this 3 () day of ~ '
196){. {/ /
CITY OF SANTA MONICA,
a muniCiPal~poration
by &,,/~
iZ~;,Lq~L
/~aCk A. Shubin Owner
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B~. c;.'-<Li:,-...L/' 't.o < ,..c..<-._
--~leanor Shubin Owner
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~ECORDING REQiJESTED BY
. City of Santa Monica 2235 BKR3050pcZ13
~ ??:?:.!!:(MA~: //~ RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY, CALIF.
N I City Attorney I 35 Min, 10 AM. AUG 261968
~ Past
"ME City of Santa Monica RAY E. LEE, County Recorder
ADDRESS 1685 Main Street
cl~~"~EL Santa Monica, Calif, 9040~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FOURTH STREET from Bay to Hill Sts R83653
PARCEL 14 .
Partial Reconveyance
SECURITY TITLE INSURANCE COMPANY, a corporation, as trustee under the deed of trust made by
JACK A. SHUBIN and ELEA~OR SHUBIN, husband and wife , trustor,
and recorded as Instrument No. 564 , on september 2, 1966 , in Book T5091 ,
Page 404 , of Official Records in the office of the County Recorder of LOS ANGELES ,
having been requested in writing by the holder of the obligations secured by said deed of trust, to reconvey a portion
of the estate granted to said trustee under said deed of trust, DOES HEREBY RECONVEY unto the person or persons
legally entitled thereto, without warranty, all the estate, title and interest acquired by said trustee under that deed of
trust in and to that portion of the property described as follows:
Tfi'atportlonofI.,ot-lI:-B'lock B of Ocean SP;~y'-T;;ct, in the City of
Santa Monica, County of Los Angeles, State of' California as per map
recorded in Book 19, page 83 of r,Uscellaneous Records, i~ the' of'fic~
of the County Recorder of said County, described as follo'Ns:
Beginning at the westerly corner of said Lot; thence northeasterly
along the northwesterly line of said Lot a distance of 9.37 feet;
thence southeasterly in a diI'ect line a distance of 40 feet, more 0:('
less, to a point on the southeasterly Ij.ne of said Lot. said point
being distant 9.52 feet northeasterly aloDg said southAaBte~},y 15.ne
.....i~u.:ji 0b.e sQuti1erl.y corner of said Lot; '~hence southwesterly along
said southeasterly line a distance of 9.52 feet, to the southerly
corner of said Lot; thence northwesterly along the southwesterly line
of said Lot a distance of 40 feet, more or less, to said point of
FR:S:::: '<?E'X r<.::'IW: RE!~UEf:TED
ESSENTIAL TO ACQUISITION
BY CITY OF SANTA MONICA
SEE GOV'T CODE 6103
THIS NECESSARY IN CHAIN OF TITLE.
The remaining property described in said deed of trust shall co~tinue to ~e held by s~id trustee under.th~ ~erms
~ thereof. As provided in said deed of trust this Partial Reconveyance IS made WIthout affectm the personal hablhty of
any person for payment of the indebtedness secured by said deed of trust.
~ TITLE IN
Dated.. ,....!;Il.~Il.s.~u.?~.L~.~~.8.wumhuu __un. By,.. w 0 '.9 'K~' e' ,;
__:'::i~~:~~;;::A968_J ".
On uuononu...u..on..on,uuuu,.,onuon.m.u,.,ummuuu"'mu.m uu.m.u'.,'
before me, the undersigned, a Notary Public in and for FOR NOTARY SEAL OR STAMP
said County and State, personally appeared__ _m__"u ~
Lo is."Krueger.muuu.u,u,u..u",u".muuu,
k;;,~,;;,,;;ui~u;;;:;ui~u be 'an Assistant Secretary 01 SECURITY
TITLE INSURANCE COMPANY, the corporation that en
executed the within instrument, and known to me to he the
person who executed said instrument on behalf of the cor. ,.,..-......------- --------1
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poration therein named, and acknowledged to me that such :OOi'! I
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corporation executed the same, and acknowledged to me I I
that such corporation executed the within instrument pur- l I
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...~m.m._..._....My.fu'+r~:+~si'~H..;:~;i.,;0S.-j~'....5,""1!).71- .
Name (Typed or Printed)
Notary Puhlic in and for said State
Title Order No. 67 51 884 Escrow No.
L-19 (G,S,)(Rev, S~67){8 pt.) :/$ FS
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RECOf~DI,,:!,G ~REQUESTED BY '" -,
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City of Santa Honic8
AND WHEN, RECORDED "",A_'L TO -J' ,-S
.\0\ ~ t ~~\.(. 4-~
Nome I CJ.cy of a111:a MOnJ.ca I
Office of the City Attorney
Street City Hall
Addr"u r;c\Y t.. LEE; Recorder
1685 Main Street
City & * Calif.
s.... L Santa Honlca,
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAii., ,-AX STi-',TEMEtITg Fourth Street from Bay to Hill Sts
I p~EEe~&&RDING REQUESTED,
Nom$ ESSENTIAL
StrlMlt TO ACQUISITION BY CITY OF SANTA
Addffm / MONICA, SEE GOV'T CODE 6103
City & [F;EE
Slote L AFFIX I.R.s. jJ.o.m~.~JC..,.lt,urHIS SPACE a.vl
I Grant Deed I
TO 405 C THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JACK A. SHUBIN and ELEANOR SHUBIN, husband and wife
hereby GRANT(S) to the CITY OF SANTA HONICA, a municipal corporation
the following described real property in the C of Santa Honica
County of Los Angeles , State of California:
That portion of Lot 13, Block B of Ocean Spray Tract, as per map record-
ed in Hiscellaneous Records, Book 19, page 83, in the office of the
County Recorder of said Count:!, described as follows:
Beginning at the ,vesterly corner of said Lot; thence northeasterly
alo'o.g tbe northwesterly line of said Lot a distance of 9.37 feet;
thence southeasterly in a direct line a distance of 40 feet, more or
less, to a point on the southeasterly line of said Lot, said point
belng distant 9.52 feet northeasterly along said southeasterly line
from the sou.therly corner of said Lot; thence southwesterly along
said southeasterly LLne a distance of 9.52 feet, to the southerly
corner of setd Lot; thence northwesterly along the southwesterly line
of sa.id Lot a distance of 40 feet, more or less, to said point of
beglnn5~ng PUBLIC AGENCY;. NO TAX ST'8TEMEflIl
Dated . //-..Cf.'Z-'-, iq /9(.~7
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STATE OF CALIFO~NIA }SS
COUNTYOF LO.:>j\NGELES _~___ .
On ' - ,11 .1'1 t, ,x- hefore me, the under, l'Y
signed, Notary Public in and for said State, personally appeared
Jsck /!." Shubin ., ......
,and en
Eleanor Shubin
. known to me
to he the pcrsQ~whose name S are subscribed to the within lfnLUt&j iUUJ:tEW S:'~UmN
instrument and acknowledged that they executed the same.
WITNESS my hand and official seaL
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Signatn{e ,/( ,1[?t. "/4'4'f...f ",?,/ ''&- 'l.,,""C(C' i ......t::?v...,-;t;,~
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tl/ I LLj/J h /f #0 J? EIA.; 5.j1.k'Li/1V
Name' (Typed or Printed) (This area rol' official notarial ooal)
My Commission Expires Dee. 6, 1969
Title Order No, 5751884 Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE, j' 5,7-5
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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 {~EREOF, I have hereunto set my hand this
30th day of January , 19 68 .
by
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