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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 3
Title Report No. 675 18T~
Title Officer Wm. Brawders
Seller COLORED METHODIST EPISCOPAL CHURCH
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.
30 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 56, in Block "A" of the Wave Crest Tract, as per map
recorded in Book 18 page 49 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 a-
long the Northwesterly line of said Lot, a distance of 7.04 feet; thence
South 400 04' 20" East, a distance of 36.90 feet, more or less, to a
point on the Southeasterly line of said Lot, said point being distant
7.16 feet Northeasterly along said South4asterly line from the Southerly
corner of said Lot; thence Southwesterly along said Southeasterly line,
a distance of 7.16 feet to said Southerly corner; thence North 390 52'
51" West, along the Southwesterly line of said Lot, a distance of 36.90
feet, more or less, to said point of beginning; Together with that por...
tion of said Lot 56, described as follows:
Commencing at the Westerly corner of said Lot; thence Northeasterly
along the Northwesterly line of said Lot, a distance of 12.04 feet to
the true point of beginning; thence Southweste~r alonR said Northwester-
ly line a distance of 5 feet; thence South 40~ Q4' 20 East a distance
of 5 feet; thence Northerly in a direct line a distance of 7.08 feet,
more or less, to said true point of beginning. .5 8 F'5
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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 $ 1.330.00
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:
None
~ 6. Owner may remove any or all improvements, including
r 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.
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9. City agrees to reconstruct any e}~isting 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 \\1ITNESS WHEREOF, . the parties hereto have hereunto g
set theu hands and seals th1.s '7 I day of \~d-' 11 G .
196 . V ,
CITY OF SANTA MONICA,
a municci:l corpora~ J;I---
bY~ V V;tk...-t
THE COLORED lVlETHODIST EPISCOPAL
CHURCHINAMERICAIN TRUST
~A;~4 ~~ner .'
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C>wner
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. .'. RECORDIN~ REQUESTED BY 183 ~ K 039 I 0 'r G 442
. City of Santa Monica
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AND WHEN R~CORDED MAIL TO
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Nom. City Attorney
St",.t City of Santa Monica
"dd,o.. 1685 Main Street RAY E.. LEE, County Recorder
Chy & Santa Monica, Calif. ...j-<;
Stot. L 90401' l\S \ <i; ~ 2, ~ ~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
r MAIL TAX STATEMENTS TO "I FOURTH STREET from Bay to Hill Sts
Nom. Parcel No. 3
St,..t FREE RECORDING REQUESTED, ESSENTIAL
"dd,... TO ACQUISITION BY CITY OF SANTA MON-
City & ICA, SEE GOV'T CODE 6103
Stot. L ~
AFFIX I.R.S. $....................IN THIS SPACE
No tax due
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Grant Deed ' ....::"--
TO 405 C THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PHILLIPS CHAPEL OF
THE COLORED METHODIST EPISCOPAL CHURCH IN A~ERICAIN TRUST, formerly known
as THE COLORED METHODIST EPISCOPAL CHURCH IN AMERICAIN TRUST
hereby GRANT(S) 10 the CITY OF SANTA MONICA, a municipal corporation
PUBLIC AGENCY- NO TAX S-TATEMEN'!
tmtfnJhoo:1TIg ~~ribed real property in the City of Santa Monica
J County of Los Angeles , State of California:
, That portion of Lot 56, in Block "A" of the Wave Crest Tract, as per map
j recorded in Book 18 page 49 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 a-
long the Northwesterly line of said Lot, a distance of 7.04 feet; thence
South 400 04' 20" East, a distance of 36.90 feet, more or less, to a
point on the Southeasterly line of said Lot, said point being distant
7.16 feet Northeasterly along said Southeasterly line from the Southerly
corner of said Lot; thence Southwesterly along said Southeasterly line,
a distance of 7.16 feet to said Southerly corner; thence North 390 52'
51" West, along the Southwesterly line of said Lot, a distance of 36.90
feet, more or less, to said point of beginning; Together with that por-
tion of said Lot 56, described as follows:
Commencing at the Westerly corner of said Lot; thence Northeasterly
along the Northwesterly line of said Lot, a distance of 12.04 feet to
the true point of beginning; thence Southwesterly alonR said Northwester-
ly line a distance of 5 feet; thence South 400 04' 20 East a distance
of 5 feet; thence Northerly in a direct line a distance of 7.08 feet,
more or less, to said true point of beginning.
ON January 28, 1968, before me the undersigned, a Notary Public in and for
said State, personally appearea J. M. BIRCHER, known to me to be the Pastor,
CLARA CARSON, known to me to be the Secretary and Trustee and WILLIE DILLaRD,
known to me to be the Chairman of the Trustee Board of the PHILLIPS CHAPEL OF
THE COLORED METHODIST EPISCOPAL CHURCH IN AMERICAIN TRUST, that they are the ~
authorized persons who executed the within instrument, and are known to me to~
be the persons who executed the within instrument on behalf of Church therein .
named, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
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J8tt--> D~fI!.e,~O I.. MOLONY ~j-f2{~a(;:;;:.:l~
. "".". NOp~i~Jc..i~.A.!3CI~f:;~~IF~~NIA : .00NAl&:L Mmom - l
, LOc> r,'",,'cLi::$ COUNTY My ;;;omnl!$iIOn Exp.1t$ .NovenW 6. 1968
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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-
tho~ity 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 NHEREOF, I have hereunto set my hand this
30th day of January 19 68
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