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Project FOURTH ~rrRF.R'P f'T'nm ~~1 t:n Rill Sts
Parcel No. 18
Ti tle Report No. h7r::; lARR
Title Officer Wrn. RT'R1iITC1F!T'~
Seller
Address
Telephone
(, '50 'r j t r1 <.VO(JJ.k
~()5) 4.f'7 -.20 3-t?
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 approximately 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 18 in Block liB" 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:
Beginning at the westerly corner of said Lot; thence northeasterly
along the northwesterly line of said Lot a distance of lo.06 feet;
thence southeasterly in a direct line a distance of 40.feet, more
or less, to a point in the southeasterly line of said Lot, said point
being distant lO.20 feet northeasterly along said southeasterly line
from the southerly corner of said Lot;. thence southwesterly along
said southeasterly line a distance of lO.20 feet to said southerly
corner; thence northwesterly along the southwesterly line of said
Lot a distance of 40 fee6, 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.
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4. City agrees to pay to Owner the sum of $
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, andl
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:
N~e
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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 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. ~ea~a
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 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.
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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 the steps,
I J affected by the project and shown on said Exhibit A in an
easement area. Steps to be 36n in width with a hand rail.
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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 WHEREOF, the par~ies heret~~ereunto
set their hands and seals this /~ day of . A.A7'
1961.
by
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Morris Silver Owner
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Owner
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~, "'REGORDING REQUESTED BY
C"-v ()f ,; '1' ~1-' ~KD3g20rG 37
1. L i' ~,a.,...ta, ol1J.,ca RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY, CALIF.
AND WHEN RECORDED MAIL ::::r ,c, FOR T!TLE INSURANCE & TRUST CO.
to\ S \ <6q '€ \-Ff FEB 23 1968 AT 8 A.M.
I Citv of Santa !1onica I
Nom. Office of the City Attorney RAY E. LEE, County Recorder.
A:~=: City I-IaIl '
C;ty & 1685 Hain Street
Slo'. L Santa Monica, California ~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIlTAXS1ATEM'NTSTOFourth Street from Bay to Hll Sts
I , I Parcel 18 . ,
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Name_ .i'~', I t? j i f
StrtHllt ~r)lll-
Addreu ",.;;-
. FREE RECORDING REQUESTED
C;~~OI~ L -.J PUBLIC AGENCY ESSENTIAL TO ACQUISITION
AFFIX I.R.s. $m"'mm'....IN THIS SPACE BY CITY OF SANTA MONICA
Nv TAX DUE SEE GOV'T CODE 6103
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,
NORRIS SILVER, a married man, as his seperate property
hereby GRANT(S) to the CITY OF SANT,<\ MONICA, a municipal corporation
the following described real property in the Citv of Santa Monica
Co.untyof Los bngeles : State of California:
That portion of Lot 13, Block B of Ocean Spray Tract, as per map record-
ed In Hiscel1aneous Records, in Book 19, page 83, in the office of the
County H.ecorder of said County, described as follows:
Beginning at the ,qesterly corner of said Lot; thence northeasterly
along the nortl-p;qesterly l:Lm~ of said Lot a distance of 10.06 feet;
thence sou.t1Jeasterly in a direct lin.e a dif'ltance of 40 feet, more or
less, to a point in. the sOl.1thea.sterly line of said Lot, said point
being distant 10.20 feet northeasterly along said southeasterly Line
from the sOl1tberly corner of said Lot; thence sou.thwesterly along said
southe8sterl/ line, a distance of 10.20 feet, to said southerly corner;
thence north'<lesterly along the south\^7esterly line of said Lot a distance
of l~O feet, more or less, to sa:i.d point of beginning,
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Morr~s Sllver
STATE OF CALIFORN;lA.. }SS
COUNJY o~;---:u.,e~~~c _ .
On ~..-1""'4Yx / . 6 d' before me, the under, (!j
Bigned, a ~,?t~~:P; }ic ,~~ and f~: said State, personally appeared ~
_,-,>.1.._ "~ ,in IVR
known to me
to be the persoll-whose subscribed to the within I
inBtrnmeu.. t and aCk. n, ow, 'ledged that 11 e execut,ed th e same. IMOGENE MaKEffZI . '. :.
WlTNE~S my hal)~d official Beal. HOTAR'Y ;.UIlLIC .Go1lI.M'GlUlM
/ / PRI""PAL JFIit(&'..
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IMOGENE MciKENZIE
"1~__,,-7,_
Name (Typed or Printed) (Tllis area fo\' offlcial notarial seal)
Titlc Order No.__ _ 6751 8(11\ Fscrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE "-If F.J
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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 Dl502, page 621, of
Official Records of Los Angeles County, Ca 1i fornia.
IN WITNESS t~REOF, I have hereunto set my hand this
16th day of February , 19 68 .
CITY~
a muni~ ' ~"~
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by
CITY ATTORNEY
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