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59 FS . . . , , " , Project FOURTH STREET from Bay to Hill Sts Parcel No. 25 Title Report No. 671) l8(Fi Title Officer Wm. Brawders Seller GIBB.~ HemiphArchi~ald &.T~w~ll L= Address"';;'" to ./Ii) n'? <' ( ~ ~N:'" /~'2 or,.," Telephone No. 'rio "f~O:5b AGREEMENT The following agreement is entered inta, in duplicate, between the CITY OF SANTA MONICA, a municipal carparatien, herein- after referred te as "CITY" and the undersigned awner(s), herein- after referred te as "OWNER." WHEREAS, City is gaing to widen and imprave 4th Street between Bay and Strand, and Ocean Park Baulevard between Lincaln and Neilsan Way with new street surfaces, sidewalks, and ather imprevements, which project is ta commence appraximately in January .of 1968. NOtAl, THEREFORE, it is mutually agreed between City and Owner as fellews: 1. t'lherever "City" is used herein it shall mean the City .of Santa Manica, its officers, employees, and autharized agents, including the cantractar deing the project work. 2. The parties have set ferth herein the whale .of their agreement: any .oral agreement .or representatiens by anyene, whether a party to this agreement, .or an agent .of a party hereta, .or anyone else, shall not be binding on either party te this agreement. 3. Owner agrees ta sell and City agrees te buy the real preperty in the City of Santa Menica, ceunty .of Los Angeles, State .of California, described as fallaws: That pertien .of Lot 5 in Block 40f Lucas Tract, as per map recorded in Boek 6 page 221 .of Miscellaneous Recerds, in the office .of the County Recerder .of said County, described as fellows: Beginning at the easterly corner of said Lot; thence seuthwesterly aleng the seutheasterly line of said Lot , a distance .ef 80.60 .feet te the paint of tangency with a curve concave wes.terly having a rad- ius of 330 .feet; thence northerly along said curve an arc-distance .of 67.99 feet to a point, a radial line threugh said peint having a bearing North 510 40'431T West; thence Nerth 10 l8t 5511 West a <11s- tance .of 15.60 .feet; thence Nerth400 04' 20" West a distance .of 20.83 feet, more .or less, to a point en theseutheasterly line .of the north- .westerly 20 .feetef said Let, said peint being distant 3.45 feetseuth- westerly aleng said seutheas.terly line .of the nerthwesterly 20 feet frem itsintersectien with the northeasterly line of said Let; thence nertheasterly along said southeasterly line efthenerthwesterly 20 feet, a distance .of 3.45 feet te said intersection; thence Seuth 390 52' 21" East a distance .of 40 feet, mere .or less, to said p.oint .of beginning. S., j.t:" J . . . I 3A. Coincidentally with the execution and delivery of this agreement, Owner shall deliver to City a grant deed to said property. .. 'J..&'O . 90 4. City agrees to pay to Owner the sum of $ I J - #i?;<,bc)ft 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: lOne 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. 2. s'FJ 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. II. 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. l"3-:--CltAIT1PY aqree~, to.-pe.mit-'inspec:tt"onof' any buildings or strut:tur~'-OWnerrs properl:Y at tl1ry-"Mtd--a-1l--re.~_!?c:mable 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. s. 7' ~5 . . . IN WITNESS WHEREOF, the par}ies hereto have hereunto set their hands and seals this 8 day of ~ ' 196 :r: by / ~~;~ ~c-L2~{/'A7fl HemishArchibald GibbOWner f};,4dff ;;r. /ft~~ . ewell L. Gibb Owner \ s'lFS ~- ,,- -: - bj---l' I--~-V i. ~ 5 . ~. It. 1II . .' ~ I 1: I ~ ..... --- -t-~-'-- lb " ~ r.:: I I I . . I .....n ~~ to ~. . I' .': . I \ I I \ I ,---~------ I ~I I ~I ~ I Il/ S cJ '/0 ~/7 I/E ' STRAND , il /66. - - ,)'-1 I iLIJ ' - .' 1 . ,_, ~'55 I I~ -'- - Z ~ 0. <.3'0'1:/.... . f\J /;;:-~ _ ~::.:fl_ ___ ! .. ; I '", ", h' # . . I t I I :.) =---------- I ." .~"} ~~ , / . :t,o;.--I /. / - - ....-....- - --- ----. -~ . " . --==~, ;\ I 8 -. ~ ~ 4!:3-~ V" .... ' . ~ ", -74.17' _.----f~---- ~It ~ "7-3122 L~ m . . ..~ . I ,~. h r . '~/<f.. .;to' - ---- ,- -.' I '- lei) I ------~ ---., !'I I ,[..I \ ~ , I~ I,() I , I I 1'1 I I' f11 I . '--i I I I I . I I ~~ I~' I I . i I i ~. ! I I i h ~'" \if' I \ 1 I I . I , I ~ ~ I I ~ .~ I <:s I " (,), ~ I ~I ~ !\J 1\. S"7'F5 ...... . . . ,," 'RECORDING REQUESTED BY 238 City of Santa Monica HKD4014fG621 A.ND WHEN RECORDED MAIL TO ;;;:;:(C~/\L H[COf"~~0S OF u::r; AN~_~::-:~ :~:~; cuu~-ri'(. CAliF. T''''--; j.:' lc)<'.~ 1~"A;-._1r'::: T::UJST CO. ICity of Santa I'lonica 1"-- '.,.., "~': .', M Nom. Office of the City Attorney MAY Z8 19'JS AT 8 A. . A:J;:~: Cl ty Hall RAY E LEE County Recorder 168.5 Hain Street ' I City & ... Stot. L3anta Monica, Calif. .-J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Fourth street from Pay to Hill Sts I 1 Parcel 2.5 Name A:J;:~: FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION C;tot~ L -.J . NO TAX D~ . BY CITY t OF SANTA MONICA AFFIX I.R.s. $- mu_mu m.ulN THIS SPACE SEE GOV T CODE 6103 I Grant Deed I TO 405 C THIS FORM FURNISHED BY TITLE I NSURA"'!CE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, H$l1WII ARCHIBA.LD GIBE and JE~~EL.L L. GIBB, hUl!lband and wife Hamish Archibald Gibb acquired title as Hemish Archibald Gibb. hereby GRANT(S) to the Cary OF SANTA r.l0NIGA, a. municipal corporation the following described real property in the Ci ty of Santa. Monica. County of Los Angeles , State of California: Tha.t portion of Lot 5, Black 4 of Luel.lsl'ract, a.s per map recorded in Book 6 page 221 of IUscellaneous Records, in the of'fice of the County Heoorder of said CountY', described as follows: Beginni~) at the Easterly corner of said Lot; thence Southwesterly along the Southeasterly line of said Lot, a distance of 80.60 feet to the point of tangencY' with a curve concave westerly having a radius of 330 feet; thence Northerly along said curve an arc-distance of 67.99 f'eet to a point, a radial line through said point having a bearing North 510 40' 4)" West; thence North 10 18' 551'1 West a distance of 15.60 feet; thence North 400 04' 20" West a distance of 20.83 feet, more or less, to a point on the Southeasterly line of the ~orthwesterly 20 feet of said Lot. said point being distant 3.45 feet Southwesterly along sald southeasterly line of the NorthWesterly 20 feet from its intersection with the Northeasterly line of said Lot; thence Northeasterly along said Southeasterly line ot the Northwesterly 20 feet, a distance of 3.45 feet to said interseotion; thence South 399 52' 21" East a distance ot 40 feet, more or less, to said point of beginning.. r ~' .. .~~..~ ' . ' . /.-. ,"....,0.;/ -/ I) d T - <::/ - /; J ' '''<.' ,- '~ a/tcti' pC . t? ate I W ' ~bhibal~ G ~ Y ~7' ~ j~~.~/' STATE. OF CALlFO,!!NI,(\, ,..",,,, }ss, " COUNTY OF LO,,,,,lNGEL.A"'; On c{1vz. 'f/ / r h J" ,_~_ before me, thc undcr, , 8~fii1s~taAi~~~ ~dJ fe; 1~b St~eT8ona]]y appeaTed Jewell L. G1bb (, "I --- :) , known to me ~' ..1-;>. ;L~.L~'MOt.ONY' ... , to he the per80~whose name~ suhserihed to the within ~ ,(U.';.'~.~.:.'.~.,t{.};.);~t'D1~Y(Pl.mllK\C(,c;.f~'~1~0."RNIA instrument and acknowledged that~~ey e"eculed the same, ~ '~''';P7 P~I\I~lW'-O~I'-IC.,.,.K WITNESS my band and official seal. .j! ''', '.i!-'ltW I.Q.a;ANGfI.a>.fiJ)~:" y 0. ~" DON.lV~ L. MOLONY . <..,,,,~,.!,"\')'NOTARY ilE liC ,CA lIFORNi, ,1",''- PRiNCiPAL OFFICE lH' ~.. " fo> 'm!5' JX'Meh"l.'~) COUNTY Ft Title Order No, Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE .$'''IF'J l @ Q ~ Q) >:. ~ ~ Co) f,:l ffi ~ @ f,:lc::S VI.. i-ol c::S 0. IU~ ~ E-4~ S--a S ~~ t:""'"' W. """ 0 Co t::;r f,:l 1-1 0 ~ .. ~ 1-1 c::S ~~ ~ ~ <0 ~ Q) W. Iii I: ,.... ~;:1 IU !: ~ .r-! j-l I;j;l: ~ ~ ~ ~ o U Q IU ~ Q) >:. ~ Co) f,:l ~ ~ @ f,:l c::S :L i-ol c::S 0. IU~ ~ ~ S--a S ~~ t:""'"' E-4 w. 0 CU t::;r f,:l f,:lO ~g ~ 1-1 c::S ~~ ~ ..." ~ ~O ~ "" W. VII: ,.... ~;:1 '" !: ~ .r-! ~ ~ ;I: ~ ~ ~ ~ o U , @ . . ~....~ . "0# . , -.-....-.... ;':"').\ . . " ~ , . , , ,'~ . . . ~ . , ~' B K 040 14 P G 622 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, Ca lifornia. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of April , 19 68 . CITY OF SANTA MONICA, a municipal "c::().rpot:'ation, ././//j '0 by ? " . (- - f CITY ATTORNEY , ~ ~ Cf) S'Fj