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Project FOURTH STREET from Bay to Hill sta
Parcel No. ~~
Title Report No. 671:i 1882
Title Officer Wm. oravrders
Seller ?,HJLLEN. Charles H. & Huby I.
Address 1i8 Bicknell st., ~anta Monioa
Telephone No. EX q-~a62
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 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, descri~~.~~_follows: "---_.__.__.~...-
That portion ot Lot 11. Block vB~ of Ooean Spray Tract. 1n the 01ty or
Santa Monlca, County of Loe Angeles; State ot Ca11torn1a~ as per map re-
corded 1n Book 19. page of Miloellen.oue necords. 1n the off1ce ot
the County Recorder of said County, described as follows:
Be~innin~ at the westerly oorne~ of 8~id Lot, thence northeasterly along
tho northwesterly line of said Lot a distance of 9.08 teet~ thence Soutb
1t0. 041 20; ~t'UJt a distance of 40 feet. more or 1.... to a polnt on tbe
.outheasterly l1ne of said Lot, sald polnt beIn~ dIatant 9.22 teet Qorth-
easterly .lon~ said southeasterly 11n~ from the southerly corner 01' 8aid
Lot. theDee aouthwe$terly dong $a1d soutbeasterly line a dIstance of'
9.22 teet to said southerly corner; thence North 390 521 21" West along
the southw~sterly 11ne of said Lot a distanoe or 40 feet. more or le'8,
to sald point 01' be~lnn1ng.
Together with that po~t1on or a~1d Lot 11 described .s tollows:
Commencln~ at the we~terly corner of said Lot; thence north...terly along
the northwesterly line of ealdLQt a di$tanee of 1_.01 teet SO tne t~e
point of beglnn1nf~; thenee.outhw4taterlyalong sa1d ftortnwe..terlY 11ne
a dbtance of' 5 feet> thence SCHlth llO- 04' eO\! Is.flt a. tiietaMe or 5 teet;
thenee norttulll"'ly in a tt1reet line a distance of 1.01 fe.t~ mOM or
to 3a1d true point or be~1nn1ng.
The above dO$eribed parcel containa 319 square t..t. FS
. ,
3A. Coincidentally with the execution and delivery of
this agreement, Owner shall deliver to City a grant deed to said
property. d~Yr~.~
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. 4. City a~r7es to pay to o~ner the sum of .. - ( .'
subJect to any cond1.t1.ons and deduct1.ons 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:
1. In favor of Edna M. Bullard, a widow, and Paul A. Smith and
Dorothy A. Smith, husband and wife, dated June 17, 1964, reoorded
July 17, 1964 in Book T 3816 page 915, Official Reoords
2. In favor of Ida B. Craig, dated June 3D, 1965 recorded July
2, 1965 in Book T 4451 page 20, Official Reoords.
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.
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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 abdVe 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 WHEREOF, the parties hereto h~ hereunto
set their hands and seals this 1 day of h ~7 '
196 g. f ,
CITY OF SANTA MONICA, ,
a municipal cor~ration
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by , , "~ '1 ,;.;f'~'?/j
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C;"/A/lf{j/ /W-:;22fI.~t~'l_
C;:;arles H. r'Iullen OWner
fiIAI{~ \";2, ll~d~~fA~1 /
Pu~y I. ul1en I Owner
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, 'F<~ORDING REQU~STEI? BY
, ..
... City of Santa Monica 2436
W?67tt~-G';1! ilt BKR303J pc225
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AND WHEN RECORDED MAIL TO
RECORDED IN OFfiCIAL RECORDS
OF LOSI\NGELES COUNTY, CALIF.
r City Attorney I .~~ ~ Min A.M. JUL 2G 1968
Name City of Santa Monica ;)v Past 9
Street 1685 Main Street i RAY E, LEE, County Recorder
Address Santa Monica. Calif. 90401
Cily& L i
State .J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TITL.E ORDER NO, TITLE OFFICER FOURTH STREET from Bay to Hill Sts
67 51 882 John Sims PARCEL 12 I E~
FREE
TO 431-1 C PARTIAL RECONVEY 17r;..:;~,:~[::~:;t'~~~.~-~.", .' ~
TITLE INSURANCE AND TRUST COMPANY, a corporation, of os Angeles, California, as duly
appointed Trustee under the Deed of Trust hereinafter referred to, having rec ived from Beneficiary thereunder
a written request to reconvey, in accordance with the terms of said Deed of rust, 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 eed of Trust having been executed
by
, Trustor,
and recorded in the Official Records of Los AngelsR County, California, as follows:
Date J1lly ? J 1965 AS Instr. No. 35lJ.R in Page RO .
Now, Therefore, in accordance with said request aDd the provisio s of said Deed of Trust, TITLE
INSURANCE AND TRUST COMPANY, as Trustee, does hereby RECO VEY, without warranty, to THE
PERSON OR PERSONS LEGALLY ENTITLED THERETO, all estate now h~ld by it thereunder in a'nd to that
property situated in said county, state of California, described as follows:
See Exhibit "A" attached hereto and made a part hereof of
this document.
FREE RECORDING REQUESTED
ESSENTIAL TO ACQUISITION
BY CITY OF SANTA MONICA
SEE GOV'T CODE 6103
THIS NECESSARY IN CHAIN OF TITLE
The remaining property described in said Deed of Trust shall continue Ito be held by said Trustee under
the terms thereof. As provided in said Deed of Trust, this Partial Reconvey~nce is made without affecting the
personalliabilily of any person for payment of the indebtedness secured by s~id Deed of Trust.
In Witnes18>WlIl1l\eof;' TJTLE INSURANCE AND TRUST COMPANY, as Trustee, has caused its
corporate nafiie'.@ud '!\eart~ bi~p~t(,. ,affixed by its Assistant Secretary, thereu to duly authorized,
. !~, ",".. '.,
, , COMPANY, as Trustee,
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.R239967 JBy
Assistant Secretary
STATE OF~A:~I~ORNIA. .,. . }SS N
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'COUNTY>OF,.' ...LosA~ele~;" . ""
Op July"'. fill. 1968:,:'. .. '.':. ,before me. the undersigned. a Notary Public in and for said State. <:J
personally a~~e.r~.1ii ",. .. ..: ~: .r5~IilS . . .. 'known to me to be an Assistant Secretary of
TITLE INSlJRA*Gi,'~Ne''l'frrJS'I,toMPANY, ,he corporation !hat executed the foregoing instrument as such Trustee. and
known to me to be the;.;r~ii\~ho executed said instrument on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the same as such Trustee. ....
~ , ~ , , OfFICIAL SEAL
WITNESS my han.?;1iJ'd official seal. IJ': , ~ B)..RB/'J(A OTTEM
,~f/., ,/ ~i...~ NOT.AR'I P:J sue, CAlI;::ORN1A
Signaturp. .i<~'-:;p 4,4':/~?r'>",""'",,~ / :t.:,Ce: '.jYer'- ' ~.;-"'.'Yij Pl'UNC: PAL o~-r-1c!:: IN
C'.... v :~t~t/ LOS ANGELES COUNTY
Name (Typed or Printed) My Commission f:xpires January 9, 1971
(This area for official notarial seal)
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. . Exhibit
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TI.at portion of Lot 11, Block "B" of Ocean Spray ~ract, in the City of
Santa Mbnica~ County of Los Angeles, State of .California, as per map re-
corded in BOSlk 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 9.08 feet; thence South
400 04' 20" East a distance of 40 feet, more or less, to a point on the
southeasterly line of said Lot, said point being distant 9.22 feet north-
easterly along said southeasterly line from the southerly corner of said
Lot; thence southwesterly along said southeasterly line a distance of
9.22 feet to said southerly corner; thence North 390 52' 2111 West along
the southwesterly line of said Lot a distance of 40 feet, more or less,
to said point, of beginning.
Together with that portion of said Lot 11 described as follows:
Commencing at the westerly corner of said Lot; thence northeasterly along
the northwesterly line of said Lot a distance of 14.08 feet to the true
point of beginning; thence southwesterly along said northwesterly line
a distance of 5 feet; thence South 400 04' 20" East a distance of 5 feet;
thence northerly in a direct line a distance of 7.07 feet, more or less,
to said true point of beginning.
The above described parcel contains 379 square feet.
..""'-''"''-,.........^'.,.....~.~... _.,....".~'.~"'._.'-,_...._~..; "''''_._~
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· RE!COR'DfNG REQUESTED 'BY .
~ ~ 0391 0 r G 689
City of Santa Monica
"NO WHt:N RECORDED "'AIL TO
r City Attorney -, I ,. ,~
,.- City of Santa Monica : .. .
Str..t 1685 Main Street I FEB '
Addren
. Santa Monica, Calif. D'V r:Dt,lOtv Rec.ordel:
c'~~a'~ L '. 90~S -.J . p.r.. u_
\.c 1:S i q~ d-. J: SPACE ABOVE THIS LINE FOR RECORDER'S USE
~- {'", l+ ~ FOURTH STREET from Bay to Hill Sts
I Parcel No. 12
Noms
FREE RECORDING REQUESTED, ESSENTIAL
.;~;;:': TO ACQUISITION BY CITY OF SANTA
(;ty & MONICA SEE GOV'T CODE 6103
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AFFIX LR.5, $....................IN THIS SPACE
No tax due [r- ~ J..
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I Grant Deed I ""-
THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
TO 405 C
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CHARLES H. l'lULLEN and RUBY 1. MULLEN
hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation
Public Agency;- No Tax statement
the following described real property in the City of Santa Monica
County of Los Angeles ,State of California:
,-
That portion of Lot 11, Block "B" of Ocean Spray Tract, in the City of .
Santa Monica, County of Los Angeles, State of California, as per map re-
corded 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 9.08 feet; thence South
400 04' 20" East a distance of 40 feet, more or less, to a point on the
southeasterly line of said Lot, said point being distant 9.22 feet north-
easterly along said southeasterly line from the southerly corner of said
Lot; thence southwesterly along said southeasterly line a distance of
9.22 feet to said southerly corner; thence North 390 52' 21" West along
the southwesterly line of said Lot a distance of 40 feet, more or less, ~'......'...".'.....
to said point of beginning. .~.
Together with that portion of said Lot 11 described as follows: ..i[
Commencing at the westerly corner of said Lot; thence northeasterly along
the northwesterly line of said Lot a distance of 14.08 feet to the true
point of beginning; thence southwesterly along said northwesterly line
a distance of 5 feet; thence South 400 04' 20" East a distance of 5 feet;
thence northerly in a direct line a distance of 7.07 feet, more or less,
to said true point of beginning.
The above described parcel contains 379 square feet.
. . 1:.5
Ruby 1. Mullen
-~_....._._._~-
- ---.......-
known to me .~, ........ .._....~
to be thc pcrso~whose name S are subscribed to the within OOMAlD L. MOLONY i
instrument and acknowledged that they executed the same. PUSUC, ClJ.1UFORNir\)
OFr~CE p,q
P.I%i:LtS COUNTY
Signature
(This llJ:ea for official notarial seal)
Title Order No. 675-1882 Escrow or Loan No,
MAIL TAX STATEMENTS AS DIRECTED ABOVE. r:S
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B K 039 fOP G 69 ,
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 t~EREOF, I have hereunto set my hand this
5th day of February , 19 68 .
CITY OF ~
a munic' r ~i n,
'~
~4t ~/}
by /
CITY ATTORNEY
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