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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 55
Ti t le Report No. 676 2682
Ti tle Officer Wm. Brawders
Seller PERALTA, Arthur & Carme1ita
Address Lido Apts., llJS5-4th St .. Santa
Telephone No. EX 4-6217 l\tmica
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,~imately in
January of 1968.
NOt<'J, THEREFORE, it is mutually agreed between City and
OWner as follows:
L 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:
The southwesterly l2 feet of Lot4in Blocklof HillCrest Tract,
as per map recorded in Book 6 page 147 of Maps, in the office of
the county recorder of said county.
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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. f!;;. It
4. City agrees to pay to Owner the sum of $2 le~:go U.~. ~
subject to any conditions and deductions as hereafter iet 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 ta}ces 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. Deed of Trust in favor of First Federal Savings & Loan Association
dated August 3, 1961, recorded August 30,1961 in Book T~1970 page
285 Official Records, Instrument No. 216.
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.
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 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.
10. City agrees to construct an engineered wall adequate
to retain any embanlcment 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.
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IN WITNESS WHEREOF, the I>art~i~s hereto have hereunto
set their hands and seals this 2CJZ2F day of c:r.4/Vt/./l/Z Y ,
1962.
CITY OF SANTA MONICA,
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Arthur Peralta Owner
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Ca melita Pera1 ta Owner
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RECORDING REQUESTED BY
The City'of Santa Monica 2671 BKR2938pc278
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AND WHEN RECORDED MAIL" TO
I City Attorney I
Name City of Santa l\1onica
Slreet 1685 Main Street
Address Santa f'lonica, Calif.
~:~~e& L 90401 .J
SPACE ABOVE THIS LINE FOR RECORDER'S USE-
TITLE ORDER NO. TITLE OJ;"FICER Fourth street from Bay to Hill Sts
67 62 682 John Sims Parcel 55
TO 431-1 C r~"--' K.____.~. -_.. ." ."--'--1
PARTIAL RECONVEYANCE j ._E~t( ,~~~. E: >'f: I
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TITLE INSURANCE AND TRUST COMPANY, a corporation, of Los Angeles, California, as duly
appointed Trustee under the Deed of Trust hereinafter referred to, having received from Beneficiary thereunder
a written request to reconvey, in accordance with the terms of said Deed of Trust, all estate now held by said
Trustee under said Deed of Trust in and to the hereinafter described property, said Beneficiary having presented
said Deed of Trust and note or notes secured thereby for indorsement--said Deed of Trust having been executed
by
ARTHUR PERALTA AND CARMELITA P~'I'.JL , Trustor,
and recorded in the Official Records of Los An~lejl__"_County, California, as follows:
Date August iO. 1961 'IS Instr. No. 216 in Book Tl970 , Page :::>85 ,
Now, Therefore, in accordance with said request and the provisions of said Deed of Trust, TITLE
INSURANCE AND TRUST COMPANY, as Trustee, docs hereby RECONVEY, without warranty, to THE
PERSON OR PERSONS LEGALLY ENTITLED THERETO, all estate now held by it thereunder in and to that
property situated in said county, state of California, described as follows:
The Southwesterly 12 feet of Lot 4 in Block 1 of Hill Crest Tract, in
the City of Santa Monica, County of Los Angeles, State of California,
as per map recorded in Book 6 page 147 of Maps, in the office of the
County Recorder of said COlIDty.
FREE RECORDING REQUESTED
ESSENTIAL TO ACQUISITION BY
CITY OF SANTA MONICA
SEE GOVtT CODE 6103
The remaining property described in said Deed of Trust shall continue to be held by said Trustee under
the terms- thereof. As provided in said Deed of Trust, this Partial Reconveyance is made without affecting the
personal liability of any person for payment of the inde btedness" secured by said Deed of Trust.
In Witness Whereof, TITLE INSURANCE AND TRUST COMPANY, as Trustee, has caused its
corporate name and seal to be hereto affixed by its Assistant Secretary, thereunlo duly authorized.
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Dated Februa.:t:y 29, ] 968 TITLE INSU~E AND TRUST COMPANY, as Trustee, en
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R-227143 By ~. N~~_ ,..
R. D. Bone Assistant Secretary
STATE OF CALIFORNIA, }SS.
COUNTY OF ToO" AngplAR
O~ F~b1"'1lAry :::>9, '9/sR , hefore me, the undersigned, a Notary Public in and for said State,
personally appeared R. D. RnnA , known to me to he an Assistant Secretary of
TITLE INSURANCE AND TRUST COMPANY, the corporation that executed the foregoing instrument a8 such Trnstee, and
known to me to be the person who executed said instrument on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the same as such Trustee.
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Signatur- .. ~-? -< ) ~
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Name (Typed or Printed) My
. o TAX STATEMENT (This area for official notarial seal)
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--:qRDING REQUESTED BY -
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City of Santa Monica
AND WHEN RECORDED "'AIL TO'::): ~
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Name City Attorney
Str..t City of Santa Monica RAY E. LEE, County RC'corder
Address 1685 Main Street
C;I, & Santa Monica Calif. 9040~
State L '
SPACE ABOVE THIS L.INEFOR RECORDER'S USE
MAil TAX STATEMENTS TO FOURTH STREET from Bay to Hill Sts
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Nome Parcel 55
FREE RECORDING REQUESTED, ESSENTIAL
Street TO ACQUISITION BY CITY OF SANTA MON-
Addreu
City & ~' SEE GOV'T CODE 6103
State -.J AFFIX I.R.S. $u~~ m~.~,INd.fH~S SPACE
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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,
ARTHUR PERALTA and CARMELITA PERALTA
hereby GRANf(S) to the CITY OF SANTA MONICA, a municipal corporation
the following described real property in the City of Santa Monica
County of Los Angeles , State of California:
The southwesterly 12 feet of Lot 4 in Block 1 of Hill Crest Tract, as
per map recorded in Book 6 page 147 of Maps, in the office of the County
Recorder of said County.
PubLlc Agency- No Tax Statement
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STATE OF CALIFORNIA } Carmelita Peralta
COUNTY OF ~C1.5 ~G~s SS.
On r..TANGlI"1AY .z~ /9.6K before me, the under.
signed, a Notary Public in and for said State, personally appeared
~~tnur reralta and Carmelita
l'eralta ::>
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known to me
to he the perso~whose name S are subscribed to the within
instrument and acknowledged that they executed the same. _- .... .... _.-:: ... .... ... ... .... .. .... .... "": .. .... .... .... .... .... l'
WITNESS my hand aud offie~ ~ It:- T. J. M,B'IDE ~
~~}. NOTARY PUBLIC, CALIFORNIA
Signature ~, .~~ PRINCIPAL OFFICE IN
J. McBRIDE ~,~ LOS ANGElES COUNTY ,
My C Ission Expires Feb. 15, 1970 ... ... ~..... .... .... .;. :;.-~ ... ........ ...-~...... , ..........~
Name (Typed or Printed) ('l'llls area for ol11ciaJ notarial seal)
Title Order No. 676 2682 F.scrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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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 l~REOF, I have hereunto set my hand this
30th day of January . 19 68 .
CITY ~~
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CITY ATTORNEY
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