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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 19
Title Report No. 675 1889
Title Officer Wm. Brawders
Seller SPIEGELMAN, Jack & Lila &CARIS,et al
Address 11413 Clover Ave.~ L.A.
Telephone No. 477-1159 (S iegelman)
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.
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.
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 19 in Block "B" 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 10.20 feet;
thence southeasterly in a direct line a distance of 40 feet, more
or less, to a point on the southeasterly line of said Lot, said point
being distant 10.34 feet northeasterly along said southeasterly line
from the southerly corner of said Lot; thence southwesterly along
said southeasterly line, a distance of 10.34 feet to said southerly
corner; thence northwesterly along the southwesterly line of said Lot
a distance of 40 feet, more or less, to said point of beginning.
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3A. Coincidentally with the ei~ecution 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 $ 2~Y~0.OO ~I
subject to any conditions and deductions as hereafter set forth. 7.\~
Said sum includes, but is not limited to the following: Payment ~
for remov~l and replacement of any and all plan~i~gs, ~tructures, ;?e
e.g.. spnnklers, walls. steps. etc.. and demoht10n. 1f any. andl rJf
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}~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:
1. Gibralter Savings & Loan Association of Beverly Hills, beneficiary,
in the original amount of $67,900.00, dated July 6, 1964, recorded
July 13, 1964 in BookT-3806 page 782, Official Records, Instrument
No. 2108, (with recorded assignment of rents)
2. Edward J. Peters, Jr., beneficiary, in the original amount of
$10,500.00, dated September 16, 1960, recorded October 25, 1960,
in Book T-15l7 page 932, Official Records. Subordination recorded
August 21, 1963. Ben,eficial interest assigned to Edward Weiss on
November 30, 1966, recorded December 1, 1966 in BookT-5l83 page
697, Official Records.
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.
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9. City agrees to reconstruct any eJ~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 WITNESS vlliEREOF, the parties hereto have he~nto
set their hands and seals this .~ r day of ~A ,
196f,.
by
J ~k Spiegel
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Lila Spieg lma~ Owner
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errold,M. Caris
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Gloria R. Caris
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.' RECORDING REQUESTED BY . ~'-: "
275 ~ K 040 lor G 319
City of Santa Monica
AND WHEN RECORDED MAIL TO
!N OFFICiAL RECORDS
I Citr of Santa Monica, I Afi:.:;,LES COlJNrT, CALIF.
INSURANCE &. TRUST CO,
Nome Office of the City Attorne)" 1968 AT 8 A.M.
Street C:U,:\/ Hall MAY 23
Address
1685 Main Street RAY E. LEE, County. Recorder I FREE P- FJ
City & .
S'ale L San ta MO,YLC a, CaUf ~~- .~~ '"
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO Fourth Street from Bay to Hill Sts
I 'I Parcel 19
Name
Slreet
Addren
City & FREE RECORDING REQUESTED
State L ~ PUBLIC AGENCY ESSENTIAL TO ACQUISITION
AFFIX ~!--'DUE--mm]N THIS SPACEBY CITY OF SANTA MONICA
D.T.S. $2.20 SEE GOV'T CODE 6103
Paid under Protest
I Grant Deed I $2.20
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TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, B::
JACK SPIEGELMAN and LILA SPIEGELMAN, husband and ,d.fe, and
JERROLD M. CARIS and GLORIA R. CARIS, husband and vrLfe
bereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation
,/
the following described real property in the
County of Los i\ngeles
That portion of Lot 19, Block B of Ocean Spray Tract, as per map record-
ed in Miscellaneous Records, :Ln Book 19, page 83, in the office of the
County Recorder of said County, described as f0110"78 :
Beginning at 1.:he westerly co:ener of said Lot; thence northeasterly
along the northwesterly line of said Lot, a distance of 10.20 feet;
thence southeasterly in a direct line a distance of 40 feet, more or
less, to a point on the southeasterly line of said Lot, said point being
distant 10.3l> feet northeasterly along said southeasterly line from the
southerly corner of said Lot; thence southwesterly along said south-
easterly line, a distance of 10.34 feet to said southerly corner; thence
northwesterly along the soutIl1',-lesterly line of said Lot a distance of
40 feet, more or less, to said point of beginning.
Dated C'Iu,,</ :L!J In i
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}SS.
. known to me
to be the perso~whose nam~ subscribed to the within
instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
Title Order No., 6751889 --Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE S? r!>
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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 WHEREOF, I have hereunto set my hand this
30th day of April . 19 68 .
CITY OF SANTA MONICA,
a municipa,l.Q~J:."poration.
by (' ',7 1r+-.~1-
CITY ATTORNEY
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RECORDING REQUESTED BY 2766
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,City, of Santa Monica ~.~T5889pcZ7 4
A~D '~~ELlt 2~{ /I ~ RECORDED IN'OFfiCIAl RECORDS -~
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I OJ:: LOS ANGELES COUNTY. CALIF.
I Robert G. Cockins I ! 1 r...Hn 2 P.M. AUG 12 1968
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Name City Attorney i .:,..0
j RAY E. LEE, County Recorder
Street City of Santa Monica I
Address 1685 Main Street
City & L Santa Monica, Calif. 9040U
State k i
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SPACE ABOVE THIS LINETarsR~'rn.~Sr"'----.l.
FREE RECORDING REQUESTED ESSENTIAL TO ,~ N CHAIN
ACQUISITION BY CITY OF oBequest for Notice OF TITLE.
SANTA MONICA SEE GOV'T C
TO 422 C 6103 UNDER SECTION 2924b CIVIL CODE
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a
- copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. on Oc tober
2') , 19nO , in book T 1 '117 , page-93.2.., Official Records of T.o~ Angp1p~
County, California, and describing land therein as
Lot 19 in Block "B" of Ocean. Spray Tract, in the City of Santa Monica,
County of Los Angeles, State of California, as per map recorded in
Book 19 page 83 of Miscellaneous Records, in the office of the County
Recorder of said County.
man
Executed by DAVID BROOKS, a married man, and OSCAR M. DANE , a married as Trustor
, ,
in whicb EDWARD J. PETERS, JR., a single man is named as
Beneficiary, and ASSURED ESCROW SERVICE, INC. , a corporation , as Trustee,
be mailed to CITY ATTORNEY, CITY OF SAN A MONICA
at 1685 Main Street
Number and Street
S
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Datecl \..
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STATE OF CALIFORNIA, }SS.
COUNTY OF T.O~ ANGELE~
OIl August '! , 1968 before me, the under, N
signed, a Notary Public in and for said State, personally appeared ~
Robert G. Cockins ~
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M!lDRED MORHAIME,~
'"',: i\tf[ PUBLIC, CALlFORNIA"~
(Seal) PK'i~CJP!\L OFFICE IN
LOS ANGELES COUNTY
...".,,,.........'10....,.
Name (Typed or Printed) Title Order No. 67 51 889
Notary Public in and for said State FOURTH STREET from Bay to Hill Sts
If executed by a Corporation the Corporation Form of Escrow or Loan No. PARCEL 19
Acknowledgment must be used.
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WHEREAS, SECURITY ALLIED SERVICES , a California corporation, as Trustee under Deed of Trust made by c::l
-
Jack S ie elman and Lila S ie elman husband and wife and FREE R w
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Jerrold M. Caris and Gloria R. Caris, husband and wife , Trustor, and recorded as ~
IDstrument No "" Julv 13. 1964 , in Boolr T 3806 _, Page 78 2 ,of OfBcial Records, U1
in the office of the County Recorder of the County of Los Angeles . State of California, has received
from Beneficiary thereundl1r, 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(s) secured thereby (or endorsement.
NOW, THEREFORE, in accordance with said request and the provisions of said Deed of Trust, ,
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 propert). situate in said County, State of California, described as follows:
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r BIR30 13rG506
That port~on of Lot 19, Block TfBTT of Ocean Spray Tract in the Cit of ..
Santa Monlca, County of Los Angeles State of Califor ; - y
. recorded - B k 19 ' nla, as per map
th C ln 00 , page 83 of Miscellaneous Records in the office of
e ounty Recorder of said county, described as follows:
B~ginning at the westerly corner of said lot; thence northeasterly
a ong the northwesterly line of said Lot, a distance of 10 20 feet-
thence southeasterly in a direct line a distance of 40 feet more '
l~ss, to a point on the southeasterly line of said lot said pOintO~ein
( dls~~ntllo.34 feet mor~heasterly along said southeaste;ly line from theg
sout er Yl:orner o~ sald Lot; thence southwesterly along said south-
~ eas e~ y lne, a dlstance of 10.34 feet to said southerly corner- thence
~~r~hwesterly along the southwesterly line of said Lot a distanc~ of
eet, more or less, to said point of beginning.
I . v..." '.;,JUI.c; .&.&., ....,__ , _ _ ~. .... ._.,.__~
~ in and~lt~y al)oeared Christina V. Theodoroff, known. to me
SEAL to be SECURITY ALLIED SERVICES, . the corporation that
() execut the foregoing instrument as Trustee, and known to me to be the person who executed
,..,.m".."""" """" ''''" " " " " " " "" the same on behalf the corporation therein named, an acknowledged to me that such
f Gi, ;"~;>\L"'~;ti;;~"'''''''''''''''~ corporation execu l8D1e as Trustee. ,
~ C!\ROU::': I.. EUSSELL ~ WITNESS In ban d ofBcialseal.
~ r!QT[i/~' ;'-':,,;~-~'~_,!(-,.'C/\~_if.()RNJA ~
g ?t;,',i'h~:~;;t.,~, ~)!TlC[ IN ~ NOTARY PUBLIC in an for sai
~ LOS A~lCELl:S COUNTY -
HIl...llll'''II''...,'..''ll.II'''..''''.''''..lltl.',.',.,..."",........." My Commission Expires Feb. 3, 1970
FOURTH STREET from Bay to Hill Sts SPACE BELOW FOB RECOBDEB'S STAMP
PARCEL 19 Title Order No. 67 51 889
FREE RECORDING REQUESTED ESSENTIAL TO ~
ACQUISITION BY CITY OF SANTA MONICA N
SEE GOV'T CODE 61~3 THIS NECESSARY IN CJj
CHAIN OF ~BDJNC IRECORDED IN OfFICIAL RECORDS ~
Tms Doc::uJ.mNT IS TO ! OF LOS ANGELES COUNTY, CALIF.
BE MAILED TO \ 45M1n 4 P.M. JUN 27 1968
I Past
City Attorney RAY E. LEE, County Recorder
City of Santa Monica
1685 Main Street
Siltlta Moni<,a~ Ca1;-f 9()401
Recording requested by City of Santa Monica
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