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52 FS 'c . < , ' . . . . Project FOURTH STRF.F.T ~~om R~1 .tn ~i" parcel No. 1q Title Report No. h7h ,fifi6 Title Officer Wm. B~awd~~~ Seller TEMKIN, COZRN & TRMKTN Address c/o Ma~~hall T~m~in Telephone No. :::n9 ~n 'R~n~"ey'... I~ 'A Phone No. 41-2-0467 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 approJ:imately in January of 1968. NOW, 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 Northeasterly 12 .feetof that part of Lot 5 in Vawter's Sub- division of Blocks 6,7,8,9,lO,ll,l2and 13 of the Lucas Tract, as per map recorded in Book 6 page217.of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Beginning at the most easterly corner of said Lot 5; thence northerly along the westerly line of Fourth Street (formerly Abbie Street), 50 feet; thence westerly parallel to the northerly and southerly lines of said Lot and equidistant therefrom 155 feet; thence south- erly parallel to the easterly line of said Lot , 50.feetto the southerly line thereof; thence easterly along the southerly line of said Lot, l55feet to the point of beginning. .52[.5 , . 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 $2~700.0o 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: 1. Century Federal Savings & Loan Association, beneficiary, in the original amount of $21, 000,.00 dated October 8 ~ 1963, recorded Oct- ober 30, 1963 in Book T-33l.fOpage 289 Official Records, Instrument No. 2131 . 2. John M. Sutherland and Kar1yn Sutherland, husband and w,ife, .bene- ficiaries, in the original amount of $9,649.73; dated November 19, 1964, .recorded December 22, 1964 in BoilkT...4106 page 267 ,Instrument No. 927. 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. 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. $2 F..s . . 9. City agrees to reconstruct any eJdsting 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 peDmit 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. Cl- rs .- ,. IN WITNESS vVHEREOF, the parties hereto have ~eunto set their hands and seals this 1 ~ day of ~ ' 196~. . CITY OF SANTA MONICA, a munici corporation by .J) i(V~l r rr:!:?f--- Donald Cozen owner ~~A)C#~) (' Eve . Co.zen' owner ~~ Al:r'emkin:{j , ~. '\ ~.SL41~ Ann Temkin /fJ~~~ Marshall Temkin $'2. FS ;~ I I' ' I ____-'_ 'I. ----- 1, -- ~" '~ I . '., . ~L I I [ 4 _ ::.;:- .!l-:- I ....... =-='==--=-=-:.'::-=--, --f-- ''', ~ I I <:) , --------, ~ltt- ' I I "'. .,. r-t, '- . i "n "1 : I I ~ I ~ I I I I 11 It\ r~ . 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City of Santa Monica flAY E, L,,:", ,-~;.::;;y [.~ecorder: Add.... 1685 Main Street C;~~at~ LSanta Monica, Calif. 90401.-J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIlT^, ""'ME"" TO I FOURTH STREET from Bay to Hill Sts ._ Parcel 39 5'..., FREE RECORDING REQUJ':STED Add.... ESSENTIAL TO ACQUISITION c;r:a'~ . I PUBLIC .I\GENCY BY CITY OF SANTl\ MONICA -.J A IRS $ , T S SEE GOV' T r,ODE 6103 1 h' . to ~ '.0' document FFIX , . . ....................IN HIS PACE . pr~~e:~t4ld fer fOICord by . ~ight of Way NO TAX DU;": Department un.... GOY, ( ';e _)ec.~ 6103 ~~~. is nece'WY to com;:;.k:,:: : r::, cham of tlU~ 10 prop8l'ty acquired by ihe ..,_........"''''"...,,'''',.,,~,,......_--- I Grant Deed I l FRE~ R v- J RIGHT OF WAY AGENT TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AL TEMKIN and ANN TEMKIN, husband and wife,; DONALD COZEN and EVELYN COZEN husband and wife and MARSHALL LEWIS TEMKIN, a single man' hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation the following described real property in the City of Santa Moni ca County of Los Angeles , State of California: The Northeasterly 12 feet of that part of Lot 5 in Vawter's Subdivision of Blocks 6, 7, 8, 9, 10, 11, 12 and 13 of the Lucas Tract, as per map recorded in Book 6 page 217 of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Beginning at the most easterly corner of said Lot 5; thence northerly along the westerly line of Fourth Street, (formerly Abbie Street), 50 feet; thence westerly parallel to the northerly and southerly lines of said Lot and equidistant therefrom 155 feet; thence southerly parallel to the easterly line of said Lot, 50 feet to the southerly line thereof; thence easterly along the southerly line of said Lot, 155 feet to the point of beginning. Dated '\ \ \l ' \, ~ ^ , STATE OF CALIFORNIA .. }S' 'S COUNTY OF LOS, ANGE~ES .. < ~ On It P F: I L- I u 17 b i. __ __ before me. the under. (!SX'1e 1)1r;r C.9~ 17 ., ~ signed, a Notary Public in and for said Stale, personally app:ared, ~ -~- I3"J .Al Temkin, Ann Temkin , ~~'djll\ C i) Z t'!L Marshall Lewis Temkin cV..=1... v t/./ C ,~'7 (;:'-:r,T u-r J.Ht'r/::li1LL~15 -rF14t!tN fo. ' known to me t.o he the person~whose nam~ subscribed to the within ::.."..,.....'''''''..'........"......''..''..,..".........'''''''..~,.''''':'~''':1:< instrument and acknowledged that they executed the same. ; StJ;JEE f\LEX ~\=~,'.::<..L.Z t< WITNESS my hand and official seal. . '. F:)3U~~.(>\l~;=()a;~iA-: ". I r \ \ I ~' p""--"','L O""i(," "J . ":,, b -- -'\'''' - , - ....:::.;;. ';,' : Slgnature-'~ . ~'" \ \J.-~~_..... ; c,." io.,..,~LE." CO-JdTY ':; " ,.. . ,. 'C'" i\! rv !( r ^ . ;..........~.~_..._....~,.........................,,""'...."'....,,'~..,o . " . ... ... r.._C:,\ . I::.S.::>LER '...., 1.:. ~j.nm; ""," Fi'lf~. OcteBtf 25, 1968 Name (Typed or Pnnted) (This area for official notarial seal) Title Order No. 676 2666 Escrow or Loan No, MAil TAX STATEMENTS AS DIRECTED ABOVE 5:2 FS I @ ~ ~ ~ ~ ~ u ~ ~ @ ~C\l :l ~ C\l 0.. 0( ~ t--t 5'"0 S ) ~ ~ 00. 0 CU ~ ~ ~C) ~g ~ I-t C\l ~~ ~ ~ <c ~ ~ 00. Ii;:r ".".; +::::s w!: ~ '.-4 ~ ti 3: ~ ~ ~ ~ 8 I Q w ~ ~ S ~ ~ @ ~C\l L ~ C\l '"" ~~ ' ~ ~ _ !:U ~ t--t ::s '"0 S ~ ~ ~ ~ 00. 0 CU ~ ~ ~C) ~g ~ I-t C\l ~~ ~ ~ <c ~ ~ 00. Ii;:r ".".; +::::s w!: ~ '.-4 ~ ~ 3: ~ ~ ~ ~ o U I I @ """ "'i ' , - L..;.... ..... . ,..... ...~ , .... - '"" '--.," . :.. ... -,..... '" . I.- U 03978 r G 809 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 WHEREOF, I have hereunto set my hand this 12th day of April 19 68 . , by ;i en S' J r5 'RECORDING REQUESTED BY City of Santa Monica 2239 8KR30 19pc733 . C~?& .:<6 t; c; l:#/#I \ ~~'~.s;:'~~~~J~>i~'$irr~:'8t'l': I AND WHEN RECORDED M lL TO 28 ~~~t 10 A.M. JUL 9 1968 ! [City Attorney I . RAY E. LEE, em,"" Roc"'or \ Ham. City of Santa Monica St,... 1685 Main Street Add,... Santa Monica Calif. 90401 i;~~e& L ' ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE TITLE ORDER NO. TITL.E OFFICER 67 62 666 John Sims FOURTH STREET from Bay to Hill Sts PARCEL 39 T0431 Ie PARTIAL RECONVEYANCE TITLE INSURANCE AND TRUST COMPANY, a corporalion, 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 AI.. TEMKIN AND ANN TEMKIN J\N.D DONALD COZEN AND EVELYN COZEN J\N.D MARSHALL LEWIS TEMKIN , Trustor, and recorded in the Official Records of Los Ans<eles County, California, as follows: Date December 22. 1964- nq Instr. No. 927 in Boole T4l06 , Page 267 , Now, Therefore, in accordance with said request and the provisions of said Deed of Trust, TITLE INSURANCE AND TRUST COMPANY, as Trustee, does 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 northeasterly 12 feet of that part of Lot 5 in Vawter's Subdivision 01' Blocks 6,7,8,9,10,11,12 and 13 of the Lucas Tract, in the City of Santa MOnica, County of Los Al:lge1es, State 01' Californ1a, as per ma;p recorded in Book 6 page 217 01' Miscellaneous Records 1 in the office of the County Re- corder of said County, described as follows: Beginning at the most easterly corner of said Lot 5; thence northerly aJ.ong the westerly line of Fourth Street (formerly Abbie Street), 50 feet; thence westerly paraJ.lel to the northerly and southerly lines 01' said Lot and eqJrl.distant therefran 155 feet; thence southerly parallel to the easterly line of said Lot, 50 feet to the southerly line thereof; thence easterly aJ.ong the southerly line of said Lot, 155 feet to the point of beginning. REE RECORDING REQUESTED SSENTIAL TO ACQUISITION Y CITY OF SANTA MONICA EE GOV'T CODE 6103 HIS NECESSARY IN CHAIN OF TITLE. 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, ihis Partial Reconveyance is made without affecting the personal liability of any person f"r payment of the indebtedness 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 Assistaut Secretary, thereunto duly authorized. Dater! JuJ.v 3. 1<168 TITLE gJR~ AND TRUST COMPANY, as Trustee, R-239226 By '2:\ l'.-Q. N Assistant Secretary N STATE OF CALIFORNIA. }ss. "" COUNTY OF Los. Ans<eles C.t> On Jul..v 3. 1968 , before me, the undersigned, a Notary Public in and for said State, pel"l!OnalIy appeare~ R. D. Bone known to me to be an Assistant Secretary of TITLE INSURANCE AND TRUST COMPANY, the corporation that executed the 'foregoing instrument as such Trustee, 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. - W.ITNESS ~ official seaL tfJ:#~J OffICIAL SEAL BAR3ARA OTTEM N01!~R{ ?~SLIC, CALl;:'OitNIA &~M~e ~~ ?:U~c:r~l OFF~CE. I.N LOS ANGELES COUNTY Name (Typed or Printed) illy Comminion EJpires January 9, 1970 (This area for ol1lcial notarial seal) S"L.F:'; '@ , ~ 1il ::l r~ ~ w ~ ~ u Z ..... (]) ~ (]) ~ :; o Q ~ Q ~ ::i H < ] ~ ~ ~ ~ ::1 < ..."". Q ~ ~ @ ~ ~ ~~ 10"" ~ <l) ~;:... ~ ,.. ~.,$' S ::s ""0 S ~ JI--4 ::s ""0 S ~ ~ C""" I-'-t ~ 0 00 ~ 0 rfJ. E-4 00 ~ 0 -g ,...,.. > ~ &:: ~ ~U e ~ ~U ~w I-'-t ;. ~ E-< ~ ~ ~ < Z 8 (]) t5 (]) t5 ~~ ~ 0 t' +3 2 +3::S ~~ U~ ~ ~ ~ ~ ~ ~ 0 C""" 0 I-'-t ~ u ~ "C ~ ~ r~ ~ w ~ ~ u Z ..... (]) ~ (]) ~ :; o Q ~ Q ~ ::i H < ] ~ ~ ~ ~ ::1 < >'t Q ~ ~ @ ~ ~ E~ ~ ,..~., $' s ::s ""0 S j JI--4 ::s. ""0 S ~ ~ r::......1-'-t "'C 0 00 1""4 0 rfJ. E-4 00 1""4 0 _0 C""" ~ ~ I-< ~.....U e ~ .....U ~~ ~ ~ g: ~ ~ ~ E-< ~ ~ ~z < Z 8 (]) t5 (]) t5 ~~ ~ 0 t' +3 =1 +3::S ~~ ~~ ~ ~ ~ ~ ~ I-'-t ~ u ~ "C @ REOORDING REQUESTED BY . j . , 715 BkR2969pc973 City of Santa r:Tonica AND WHEN RECORDED MAIL TO Name I City I .\"Ii, Attorney City or ;:3::~nta fllonica Street 1685 I/Iain StJ:lcet i - - .',.1.,<, ,.~~';,,;; det Address ~:~~e& L S;~lnta fvlonica, Calif. 90401.J SPACE ABOVE THIS LINE FOR RECORDER'S USE TITLE ORDER NO. TITLE OFFICER FOURTH STREET from Bay to Hill Sts 67 62 666 John Sims Parcel 39 TO 431 Ie PARTIAL RECONVEYANCE j FREE 1 R 1 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 Dced of Trust and note or notes secured thereby for indorsement-said Deed of Trust having been executed by______ JOHN M. _SUTHERLAND AND KARLYN SUTHERLAND , Trustor, and recorded in the Official Records oL __"" Ips J\.p.geleJL__ _ ,__~County, California, as follows: Dare October 10. 196i as Instr. No. 21':\1 in Book T3340 , Page 289 ; Now, Therefore, in accordance with said request and the provisions of said Deed of Trust, TITLE INSURANCE AND TRUST COMPANY, as Trustee, does hereby RECONVEY, without warranty, to THE PERSON OR PERSONS LEGALLY ENTITLED THERETO, all estate now held by it thereunder in and to that propcrty situated in said county, state of California, describcd as follows: The northeasterly 12 feet of that part of Lot 5 in Vawter's Subdivision of Blocks 6,7,8,9,10,11,12 and 13 of the Lucas Tract, in the City of Santa Monica, County of Los Angeles, State of California, as per map re- corded in Book 6 page 217 of Miscellaneous Records, in the office of the county Recorder of said County, described as follows: Beginning at the most easterly corner of said Lot 5; thence northerly along the westerly line of Fourth Street (formerly Abbie Street), 50 feet; thence westerly parallel to the northerly and southerly lines of said Lot and equidistant therefrcm 155 feet; thence southerly parallel to the easterly line of said Lot, 50 feet to the southerly line thereof; thence easterly along the southerly line of said Lot, 155 feet to the point of beginning. FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY CITY OF SANTA MONICA SEE GOV I 'I' CODE 6103 THIS NECESSARY IN CHAIN OF TITLE 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 indebtedness 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, thereunto duly authorized. Dated April 19. 1968 TITLE INSURANCE AND TJ,rIiS'fCO)\fl'ANY, !IS Trustee, R-232148 By ~~t2c:>'~,,; "'-l ~ Assista~,i1'~c;ret~ry CIl STATE OF CALIFORNIA, }SS. COUNTY OF Los Angeles ,-",.'t On April 19. 1968 ,before me, the undersigned, a Notary Public in ~!14' fo'r.f 8tiid State, personally appeared R. Islas . .,' kno~n to.me ~obe an,~8,is~iir$ecretary of TITLE INSURANCE AND TRUST COMPANY, the corporation that executed~he.toregoing in~trumept.a!l.s;,oliTrustee, and knuwn to me to he the person who executed said instrument on behalf of the coriror~tf91,l,',t.th,,~rein name_d, ~~(i ~~cknowledged to me that such corporation executed the same as such Trustee. ~ .'~'~f(..."~. ~; -~~., t .~. ~fflC-~Al s~u WITNESS my ~ official seal. ~) lJl\REARA OTn!:M N01!~!\Y P'~fjUC. CAU~Oil.mA. f\~{; NGi?AJ. Or-fICE IN Signature W~~.J LOS ANGEL($ COUNTY t? My Commission Expire. January 9, 1970 Name (Typed or Printed) (This area for official notarial seal) .G;..PS @ ~ iil r~ e ~ ~ ~ U Z .... Q) ~ Q) ~ ;; o Q..... 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