65 FS
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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 30
Title Report No. ;75 1900
Title OfficerWm.rawdera
Seller BERCUTT Jacob aDd Katie
Addressb131 coidwater Canyon. North Ho11yw~
Telephone No. ~1 8T:H -, 'G - If otr(
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.
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:
Thoae portions of Lots 3 and 4, Block 1 of the Highland Tract, 1n the City
of Santa Monica, County or Los Angeles, State of California, as per map re-
corded 1n Book 24, page 55 of Miscellaneous Records, in the off1ce of the
County Recorder ot said County, described 8S follows:
J3et)1nning at the southerly corner ot $a.1d Lot 4; thence North 390 52' 21'
West along the southwesterly line ot said Lots 3 and 4 a distance of 60
feet to a point on a line parallel with and distant 10 feet northwesterly
measured at right angles from the southeasterly l1ne of said tot 3;
thenee northeasterly along said. parallel line a distance of 11.10 teet,
thence South 400 04' 20" East a. distance of 60 feet to a point on the
southeasterly Une of Baid tot 4, said point being distant 11.91 feet
northeasterly along said southeasterly line of Lot 4 trom the southerly
corner of said Lot 4; thence southwesterly along said southeasterly line
of said Lot 4 a distance of 11.91 feet to said polnt of beginning.
Together with that portion of said Lot 4, described as follows:
Cow~eneing at the southerly corner of said Lot 4; thence northeaste~ly
along the :southeasterly I1ne of said Lot 4 a distance of 11.91 feet to
the point of beginning, thence southwesterly along said southeasterlv
line a dhltance of 6 feet. thence North 40004' 20fl West a distance ot
6 feet; theneeeasterly1n a direct line a distance of 8.50 feet, more
or less, to said point of beginning.
The above desoribed parcel contains 126 square feet.
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3A. Coincidentally with the execution and delivery of 12/3
this agreement, Owner shall deliver to City a grant deed to saidY. '.
property. lit Jdd,.Ot1 ),{.8.
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4. City agrees to pay to Owner the sum of $ :JJ
subject to any conditions and deductions as hereafter set forth. ./,'
Sa id 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 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) /7. /~
i:e fS ~ollows' ,~ n
R 8'!OP of ijank of AmeriQ8. NT &. SA~ dateS. Fe:bnl8..L'y 1, 19~j.{,. (j:).
l'fH'9pgQe Fe'bpu'aPY 13, 1963 in Book T 2g JI !3agc 185, Off1eia.l Re ·
QorilQ J Tn!'l.t:'Y'llmpnt: No J ?5h. i);-y
#OIJ/E ::er-
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 I, 1968.
B :i: aa" , €I a ,-~ ......~'" ~ - Y 1J
. n 3 ]!-1 f"ln 1-0 s.n property QSQ~S ./-={. tIJ
deed, Owner hereby grants to City a temporar ent for con- 4 r
struction purposes on the remaini r y of Owner. The area ./
of said easement is shown plan, marked Exhibit A, attached ......:,,:10 .
hereto and made a ereof. Said temporary easement shall ~~~~
terminate e of no further force or effect at the time City
form accepts the completed project from the contractor doing
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2.
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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, a,?
if any, affected by the project and shown on said Exhibit A in an /jI
easement area. 11,- A?l
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13 O"J1'\O:[, i>'Jre<>'" rn parmi t in1=tr<>ction n-F amy B't'1ihliu95 or J{. d3
SH't'1ct't'1res Ou Owut:lr'l5 pLUpI:::LL}- aL auy dud all .r:ellaenable f-;~s. ' ,
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-. OWJleL d';j.Le<:::'s to acmeliE;h any and 311 bblildinglil
parts of buildings existing as of the date of this agreement
property described in said deed and to clear all debris from
property. The cost of such demolition and clearance shall
by Owner. The parties agree that the estimated cost of s
demolition and clearance and providing temporary suppa for the
remaining buildings, without respect to replacing erior walls
or remodeling the remaining building or structu , is the sum of
$ and that said sum shall be ained by City out of
the sum set forth in paragraph 4 hereof u I such time as such
demolition and clearance is completed Owner. City shall pay
said retained sum to Owner upon com etion of said demolition. If
Owner fails to complete said dem Hon by March I, 1968, Owner's
right to do further demolitio hall cease and City shall have the
right immediately after sa' date to do and/or complete said
demolition work and prov.' e minimum necessary support for the re-
maining structure an wner agrees that City ma~ to the extent
necessary, enter 0 o Owner's remaining property to do said demoli-
tion and may k so much of said money so retained as is necessary
to do the wa for a reasonable price. City shall have no responsi-~./3-e1..
bility or iability upon completion of such demolition by City to ~ d1 .
provid anything but temporary support for the remaining building,~ I .
i.e , City shall have no obli ation to provide protection from the ~~
this shall be t e so e respons~ ~ L . i
4.
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IN WITNESS WHEREOF, the parties hereto have hereunto
set J'heir hands and seals this '27 day of ~ .
196p. ~
CITY OF SANTA MONICA,
a muniCiI>S'.l-,rporation
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Ja~Ob Beroutt Owner
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Katie Bercutt Owner
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r9"~ECORDING Rr;..':)UESTED BY r"
"I 228 oK 04064 rs 848
C1 ty of Santa jJn1ca i
tb2:5..L~{]fdE M4(~(It
ru1ty of Santa Monica "I
Nama Office of the C1ty Attorney
Street C1ty Hall 1\"'/' , FEE a.6O ~
Addren 1685 Main Street
CiZ.t~ Lsanta Monicat Calif. ~
MAIL TAX STATEMENTS TO SPAC'F~~th T~~r~~tFF~o~r:j:yE~~ 'Bi1.1 Sts
I "I Paroel .30
Name
Stroot
Address FREE RECORDING REQUESTED
City & ~ None due ESSENTIAL TO ACQUISITION
State L AFFIX I.R.s. $ om_om - __IN THIS SPACE BY CITY OF SANTA MONICA
SEE GOV'T CODE 6103
I Grant Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
TO 405 C
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JACOB BEHCUTT and KATIE BEHCUTT t husband and wife
hereby GRANT(S) 10 the CITY OF SANTA MONICAt a- municipal corporation
the following described real property in the City of Santa Manioa
County of L08 Angeles , St~~ ,?f_~~~ifornia:
Those portions of Lots 3 and 4, Block 1 of the Highland Tract, in the City
of Santa Monica, County of Los Angeles, State of California, as per map re-
corded in Book 24 page 55 of Miscellaneous Records, in the office of the
County Recorder of said County, described as follows:
Beginning at the southerly corner of said Lot 4; thence North 390 52' 21"
West along the southwesterly line of said Lots 3 and 4 a distance of 60
feet to a point on a line parallel with and distant 10 feet northwesterly
measured at right angles from the southeasterly line of said Lot 3;
thence northeasterly along said parallel line a distance of 11.70 feet;
thence South 400 04' 20" East a distance of 60 feet to a point on the
southeasterly line of said Lot 4, said point being distant 11.91 feet
northeasterly along said southeasterly line of Lot 4 from the southerly
corner of said Lot 4; thence southwesterly along said southeasterly line ~
of said Lot 4 a distance of 11.91 feet to said point of beginning.
Together with that portion of said Lot 4, described as follows:
Commencing at the southerly corner of said Lot 4; thence northeasterly
along the southeasterly line of said Lot 4 a distance of 17.91 feet to
the point of beginning; thence southwesterly along said southeasterly
line a distance of 6 feet; thence North 400 041 20" West a distance of
6 feet; thence easterly in a direct line a distance of 8.50 feet, more
or less, to said point of beginning.
The above described parcel contains 726 square feet.
Ka1;1e J:lerCUl;l;
OFFICIAL SEAr,
JAf,/t~s \vou=
NOTARY PUElLlC; CAliFrJRNIA
PR:NCIPAl OFFICE IN ,
LOS ANGELES COUNTY
Signature
(This area for official notarial seal)
Title Order No. M5 1900 ---.Escrow or Loan No.
MAil TAX STATEMENTS AS DIRECTED ABOVE 6.j~ FS
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B K 04064 P G 850
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 authority of a resolution of the
City Council of said city, a certified copy of which is
recorded in Book 01502, page 621, of Official Records of
Los Angeles County, California.
IN WITNESS WHEREOF, I have hereunto set my hand
this 27th day of May , 19~ .
CITY OF SANTA MONICA,
a municipal corporation,
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BY /t '(-- " t'{'~"7~
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City Attorney
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