60 FS
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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 1.{
Ti t le Report No. 671) 1887
Title Officer Wm. Brawders
Seller PREGLER. Jess J. &ftea
Address Q04l5 Beverlywood, Los Anieles
Telephone No. 8qQ-S806
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 approximately 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.
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 ~ereto,
or anyone else, shall not be binding on either party to th1s
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 17 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 si.id Lot; thence northeasterly
along the northwesterly line of said Lot" a distance of 9.92 .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 10.06 feet northeasterly along said southeasterly
line from the southerly corner of said Lot; thence southwesterly
along said southeasterly line a distance of 10.06 feet, to the south-
erly corner of said Lot; 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 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 $ 6.400..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, 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:
None
6. Owner may remove any or all improvements, incl ud ing
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 tUne construction starts on
said project, City, without any liability to Owner, may demolish
said Unprovements.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 tUne 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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15. Owner agrees to demolish any and all buildings or
parts of buildings existing as of the date of this agreement on the
property described in said deed and to clear all debris from said
property. The cost of such demolition and clearance shall be borne
by Owner. The parties agree that the estimated cost of such
demolition and clearance and providing temporary support for the
remaining buildings, without respect to replacing exterior walls
or remodeling the remaining building or structures, is the sum of
$ 1500.00 and that said sum shall be retained by City out of
the sum set forth in paragraph 4 hereof until such time as such
demolition and clearance is completed by Owner. City shall pay
said retained sum to Owner upon completion ~ demolition. If
Owner fails to complete said demolition by , 1968, OWner's
right to do further demolition shall cease and City shall have the
right immediately after said date to do and/or complete said
demolition work and provide minimum necessary support for the re-
maining structure and Owner agrees that City ma~ to the extent
necessary, enter onto OWner's remaining property to do said demoli-
tion and may keep so much of said money so retained as is necessary
to do the work for a reasonable price. City shall have no responsi-
bility or liability upon completion of such demolition by City to
provide anything but temporary support for the remaining building,
i.e., City shall have no obligation to provide protection from the
elements, etc.,: this shall be the sole responsibility of Owner.
16. Owner and lesseess instruct the City to disburse the
proceeds of this transaction as follows:
a. To the owner at close of escrow - $2100.00
b. To the owner and lessees jointly at
close of escrow - 2800.00
c. To the owner and lesees as provided
in paragraph 15 - 1500.00
Total $6400.00
* Less any sums required to clear liens or encumbrances as mentioned
in paragraph 4.
4.
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IN WITNESS ~~EREOF, the parries hereto~ ave hereunto
set their hands and seals this ~ day of / ,
196~
CITY OF SANTA MONICA,
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~(A' Owner
Rea Pregler ~er
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City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Re: Fourth Street widening
Parcel 17
Gentlemen:
You are hereby authorized to use the attached Quitclaim
Deed without consideration to the undersigned.
Dated this ~ day of , 1968.
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" RECO~DINq REQUESTED BY
~ City of Santa Monica
AND WHEN RECORDED MAIL TO
r City Attorney I
Name City of Santa r!lonica
~~:~.. 1685 Main Street
C~& Santa Monica, Calif. 90401
State L -l
SPACE ABOVE THIS LINE FOR RECORDER-S USE
MAil TAX STATEM'NTS TO FOURTH STREET from Bay to Hill Sts
I PARCEL 17
Name FREE RECORDING REQUESTED
A:~~::: ~x tAX DUE T. R. STAMPS IN THIS SPA&SSEN11IAL ~ec J\C<~}UISITION
CHy & BY CITY OF:>;OEICA
St.t. L ~ SEE GOV'T CODE 6103
THIS NECESSARY IN CHAIN
I ~F TITLE
TO 402 CA 18-65) Quitclaim Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LEONARD ARCHBOLD AND ELIZABE'IH ARCHBOLD
hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to
the CITY OF SANTA MONICA, a municipal corporation
the fono,;in~ de~cribed real property in the City of Santa r10nica county of Los Angeles
state of Cahforma:
That portion of Lot 17 in Block "B" of Ocean Spray Tract, as per map re-
corded in Book 18 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 9.92 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
10.06 feet northeasterly along said southeasterly line from the south-
erly corner of said Lot; thence southwesterly along said southeasterly
line a distance of 10.06 feet, to the southerly corner of said Lot;
thence northwesterly alon g the southwesterly line of said Lot a distance
of 40 feet, more or less, to said point of beginning.
D"'" June /9,1968 -d'~-%~~,
Leonard Arc old
STATE OF CALIFORNIA }ss. . E..l. izab..e. th ArChbOl/d..
COHN,,", ;;o~~~~s ~' ", ~ / .. '7c
On In n J before me_ the under./ ;;/ /' .. .' . _ ./ . /' .'
"'""", "N~ry '""'" '" ""' ,,,' "" ,"',. ~~~,",-""'""'" /' V, ' e~ c-/;Ai C/.
LEONARD ARCHBOLD and ELIZABETH /
AI:{(.:J:iBOLD
kno'\';'11 to me ~~;?"
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to be t.he perso~whose nameS are subscribed to the within ;'c.....................*...........<'."."~.\ "', . .r..,.,.. ....d. C.I...........
instrument and acknowledged that they executed the same. '/\:':;';,':\ctj!! ~~OrAriY P~:;TC
.f /.',., ,',.,',--' ''1, r~'''-'~'r'':; " < c,"":c".
WITNESS my hand and official seal.. &.4 % /~,. ,,";..~~',-;..~:
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19nature "
Name (Typed or Printed)
If executed by a Corporation the Corporation Form
of Acknowledgment must be used. (This area for official notarial seal)
Title Order No. 6 7 !OJ 1 88 7 Escrow or Loan No
MAil TAX STATEMENTS AS DIRECTED ABOVE
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