47 FS
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Project FOURTH STREET from Bay to Hill Sts
Parcel No. t!
Title Report No. . 67S 1878
Title Officer A. Lindhoj.m..-----.....
SallerR.F.R.. LTD. &"~SENFELD. Don~gi.
Address ,
Telephone No. I
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AGREEMENT -c"k'~~P-h~r ~ c:!( c
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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."
l1HEREAS, 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 apprmdmately in
January of 1968,
NOtr(1, THEREFORE, it is mutually agreed between City and
Owner as follows:
L Nherever "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.
20 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:
Those portions of Lots 18 and 19 in Block II A" 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 18; thence northeasterly
along the northwesterly line of said Lot l8, a distance of 8.46 feet;
thence southeasterly in a direct line a distance of 80, feet, more or
less, to a point on thesouthea:sterly line of said Lotlg, said point
being distant 8.73 feet northeasterly along said southeasterly line
from the southerly corner of said Lot 19; thence southwesterly along
said southeasterly line, ~. distance of 8.73 feet to said southerly
corner; thence northwesteEly along the southwesterly line of said
Lots a distance of 80 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 $2,850.00
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
her~after 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}~es 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
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 l, 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.
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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.
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 ~UTNESS ~~REOF, the parties hereto ~reunto
set their hands and seals this l!r day of ~,
1961'.
CITY OF SANTA MONICA,
a municipal~p ration
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by
H.U;,:, LTD~limued partnership
By/i~' ~IL~
OWner
Owner
Donald T. Rosenfeld
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.. 'RE~~;~'ING REQUESTED BY 316 .. . .
City of Santa Monica 8K 03944 PG 752
AND WHEN RECORDED "'AIL TO RECORDED IN OFFICIAL RECORDS
\ '1 '- I ('"/....., ('r :r. tA) :S OF LOS ANGELES COUNTY, CALIF.
,- l.o -.J \ <::I (.. ~_ 'i FOR TITLE INSURANCE & TRUST CO.
I City Attorney ~ MAR 20 1968 AT 8 A.M.
N.... City of Santa Monica
A:~~:~ 1685 Main Street RAY E. LEE, County Recorder:
Santa Monica, California
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SPACE ABOVE Uil!;t LINE FQ.R RECORDER'S USE
MAIL TAX STATEMENTS TO l"UURTH S'l'REET from Bay to Hill
I I Parcel 8
Name
Str..t FREE RECORDING REQUESTED
Add,... ESSENTIAL TO ACQUISITION
C;~;.t~ L ~ BY CITY OF SANTA MONICA
AFFIX I.R.S. $. _________________.IN THIS SpAc~EE GOV J T CODE 6103
No tax due
I Grant Deed '1
TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
H. F. H., LTD" a limited partnership !. 1 l'1mr:.1D T. R8E'llSIIlJEI:.:D
hereby GRANT(S) to the CITY OF SANTA MONICA
the following described real property in the City of Santa Monica
County of Los Angeles ,State of California:
Those portions of Lots 18 and 19 in Block "A" 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 18; thence Northeasterly
along the Northwesterly line of said Lot 18, a distance of 8.46 feet;
thence Southeasterly in a direct line, a distance of 80 feet, more or
less, to a point on the Southeasterly line of said Lot 19, said point
being distant 8.73 feet Northeasterly along said Southeasterly line
from the Southerly corner of said Lot 19; thence Southwesterly along
said Southeasterly line, a distance of 8.73 feet, to said Southerly
corner; thence Northwesterly along the Southwesterly line of said
Lots a distance of 80 feet, more or less, to said point of beginning.
Ni:CESSARY .IN Cl:IAIN OF :nilE
H. F. H., LTD'T a limited
Dated /1l<Vt--<./lv !i', 19 t, r partnership
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.. STATE OF CALIFORNIA, ~. S5, &K 03944 ~fl753
" "COUNTY OF LOS ANGELES \ . .
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before me, the undersigned, a Notary Public in and for said State, personally appeared
Robert E. Getz~~ouise G. Hahn a~d
~.al........ El inor G. Hay , known to me,
to be ere at tl){ partners of the partnership that executed the wi[bi l"strument, and acknowl-
edged to me that such partnership executed the same.
t" ...............".........O.F~ICI.A~..S~AL...""~..."..} '.
; ART SILVER WI ,NESS my hand an9 official seal. ._
I '<C>'.",.1 NO~;1~A~t~~I~~1~r~NIA I . ?f~//f-~~__
;"""',,.. ."..........."...."......".... ..."..",..""...,,,,,,,,,,,,,,J ~ ART SILVER
., . My C01Il\mlsston Ellpires July 27. 19i5
"'I NAME (TYPED OR PRINTED)
Notary Public in and for said State.
ACKNOWLEOGMENT-Partnership-Wolcotts Form -236-Rev. 3-64 L/7 l--:5
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~K D3944rG 754
CERTIFICATE OF ACCEPTANCE
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 ~~REOF, I have hereunto set my hand this
13th day of Marcil I 19 68 .
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by -.
CITY ATTORNEY
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