67 FS
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Project FOURTH STREET from Bay to Hill Sts
Parcel No. 29 67 51 899
Title Report No.
Title Officer Wm. Brawders
Seller SCHROEDER, Fred Carl & Ella Belle
Address 23Z~ A - 4th St.. Santa Monica
Telephone No. EX 6-7180
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.
Nmv, THEREFORE, it is mutually agreed between City and
Owner as follows:
1. Wherever "City" is used herein it shall mean the
City of Santa l'ionica, 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
agreemeht.
30 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 3 in Block 1 of Highland Tract, as per map recorded
in Book 24 page 55 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 ndrthwestedy line of said Lot a distance of 11.53 feet;
thence in a direct line southeasterly a distance of 40 feet, more or
less, to the northwesterly line of the southeasterly 10 feet of said
Lot, said point being distant northeasterly along said northwesterly
line 11.70 feet from its ib~ersection with the southwesterly line of
said Lot; thence southwesterly along said northwesterly line 11.70
feet to said intersection; thence northwesterly along the southwest-
erly line of said Lot a distance of 40 feet, mare 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 $2,090.00
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, 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 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, 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 ~, 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.
67;:"5"
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9. City agrees to reconstruct any ejdsting 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.
67/7'5
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IN WITNESS vmEREOF, the parties hereto haV~hereunto
set their hands and seals this 7 day of '~,
196 j: ,
CITY OF SANTA MONICA,
a.. ~.~~~~.~ corpo~at ion
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Ella Belle Schroeder Owner
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Ella B. Schroeder~ as~ian of
Fred C. Schroeder. an Incompetent
67
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- -" 341 BKM30Z3PG288
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I co: '~nY, CAliF,
1 MARSfffiLL HICKSON 1 -: ::LST co.
Attorney for Guardian ; 8 A,M.
2 1255 Lincoln Boulevard I '- em,y ,'iecorder
suite 200
3 Santa Monica, California 90401
Telephone: Ex. 43705
4
5
6
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10
In the Matter of the Estate )
11 and Guardianship of: ) No. 141105
)
12 FRE DC. SCHROEDER, ) QgQER_AUTHORIZING CONVEYANCE
) OF REAL PROPERTY.
13 IncoillEet~)
14
The petition of ELLA B. SCHROEDER, as Guardian of the
15
person and Estate of FRED C. SCHROEDER, Incompetent, for authority
16 MARSHALL HICKSON appearing as attorney forJ
17 to convey real property,
I
said petitioner, coming on regularly to be heard the 29th day of I
18 of said I
March, 1968 in Department 9 of the above Court at 9:15 a.m.
19
day, the Court r after examining the petition and hearing the
20
evidence, finds that due notice of the hearing of such petition has i
21 I
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been given as required by law, ~hat all the allegations of said I
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petition are true and that it is for the advantage, benefit and best
23
interest of said estate and those interested therein to convey the
24 i
hereinafter described real property of said estate. I
25 I
I
26 IT IS THEREFORE ORDERED BY THE COURT that said ELLA B. I
SCHROEDER, as Guardian of the Person and Estate of said incompetent ,I
27
be and she is hereby authorized for a consideration of $2,090.00
28
cash to convey to the City of Santa Monica the following described i
29 real property: ~
30 ~
That portion of Lot 3 in Block 1 of Highland Tract, as per i
31 map recorded in Book 24 Page 55 of Miscellaneous Records.
in the office of the County Recorder of Los Angeles County
32 described as follows:
LAW OFFICES
MARSHAL.L. HICKSON
1255 LINCOLN BLVD. -1-
SlJITE 200 t-75/o1j
SANTA MONICA, CALIF.
EXeROOK 4~a705
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-~ 339
RECORDING REQU",STEl:' ,BY ~K 04111 PG9B2
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City of Santa Monica
AND WHEN RECORDED MAIL TO
fCi ty of Santa Monica I OCT 23
Nome Office of the City Attorney fillY E, LEE,
Street Ci ty Hall
Address 1685 Main Street
C;~~.,~ l!anta Monica, Calif. 90401-.J
SPACE ABO~& THIS L.INE FOR RECORDER'S USE
MAil TAX STATEMENTS TO Four . Street from BaT to Hill Ste
I I Parcel 29
Name To Above. ,)...
.,
Street
Address FREE RECORDING REQUESTED
CHy & ~ ESSENTIAL TO ACQUISITION
SIal. @OCUMENTARY TRf.\f,'SFER TPX $. __.m .. ~o Tax due PA BY CITY OF SANTA MONICA
ITI LR.S, s. u'....m. .....IN THIS S CE
! -f;illhlt xb;m~L ~:~!'.S"'Y'Se ~nd I SEE GOV'T CODE 6103
I "S:,::,~:,;,P:~f~Mt~J~lu I
._._-~----'-_..~. .---.....-------......."Tan t Deed
TO 405 C THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ELLA B. SCHROEDER, as Guardian of FRED C. SCHROEDER, an Incompetent,
hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal oorporatlon
the following described real property in the City of Santa Monica
County of Los Angeles , State of California:
That portion of Lot 3, Block 1 of Highland Tract, as per map recorded in
Book 24 page 55 of Miscellaneous Records, in the office of the County Re-
corder 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 11.53 feet; thence in a
direct line Southeasterly a distance of 40 feet, more or less, to the
Northwesterly line of the Southeasterly 10 feet of said Lot, said point
being distant Northeasterly along said Northwesterly line 11.70 feet from
its intersectIon with the Southwesterly line of said Lot; thence South-
westerly along said Northwesterly l1ne 11.70 feet to said interseotion;
thence Northwesterly along the Southwesterly line of said Lot a distanoe
of 40 feet, more or less, to said point of beg1nning.
Dated May ~ J968. L. &tk r3 ~Luxb)
Ella B. Schroeder as Guardian of
~he Pers~and Estate of FRED C.
STATE OF CALIFORNIA _}ss. SCHROEDER, an Incompetent,
COUNTY OF LOS ANGELES Pursuant to Court Order dated
On _May c::2 . 1968 before me, the under- May 3, 1968, Superior Court
signed, a Notary Public in and for s"dd State, personally appeare(l ~No. 141105
Ella B. schroeder, as Guardian of
~e Person and F.~fRt@ of Frpd r.
. Schro@d@r , An TnC'ompPt€>nt
,_ known to me
to be the persol1.........-_whose name~ subscribed to the within f~~ "o'~~~~5i;~q
instrument and acknowledged that___~~E;"~exGuted t~.same.,
w'm2'''''ffid'~'
MY COMMISSION EXPIRES MARCH 28, 1972 It
Sign at ~~ ' ~ T y ~ ..~ y ... ... -............ -- . - - _......
Name (Typed or Printed) ('I'IllS ut1fa fOK official notarial $('11])
Title Order No. 675-1899 Escrow or Loan
MAil TAX STATEMENTS AS DIRECTED ABOVE 67
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BK 04 , 7 H G 983
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 D1502, page 621, of Official Records of
Los Angeles County, California.
IN WITNESS WHEREOF, I have hereunto set my hand
this 7th day of June , 19~.
CITY OF SANTA MONICA,
a municipal corporation,
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BY / I ~r ~/( (,,- / _____
, City Attorney
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. '" ~ECORDING REQUESTED BY
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'City of Santa Monica
1"_1 RECORDS,
1;-.,
AND WHEN RECORDED MAIL TO Of LOS i',::,~?~ES CC:.'? W, CALIF.
FOH T:TLE 1:'~B~'r:,r>.~j::~~ rWC;T CO.
r City Attorney I OCT 23 1968 AT (3 A.M.
Nom. City of Santa Monica nAY c. LEE, County Recorder
AJJ;::: 1685 Main Street
City & Santa Monica, Calif. 90401
Stale L -.J
SPACE ABOVE THIS L.INE FOR RECORDER'S USE
MAIL T....X STATEMENTS TO FOURTH STREET from Bay to Hill Sts
r T0 Above. I PARCEL 29
Nam.
Stre.t DOCUMENTARY TRA.NSPER T,~X $~zz.2 FREE RECORDING REQUESTED ESSENTIAL
Address
ClIy & TO ACQUISITION BY CITY OF SANTA
s.... TiVe MONICA SEE GOV'T CODE 6103
Trust
J..
As instructed by m__ . NO TAX DUE
AFFIX I.R.S. $........__ .."............. ......... ABOVE
TO 405 C (4.67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ELLA BELLE SCHROEDER
hereby GRANT(S) to the CITY OF SANTA MONICA, a municipal corporation
the following described real property in the City of Santa Monica
County of Los Angeles , State of California:
That portion of Lot 3, Block 1 of Highland Tract, as per map recorded in
Book 24 page 55 of Miscellaneous Records, in the office of the County Re-
corder 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 11.53 feet; thence in a
direct line Southeasterly a distance of 40 feet, more or less, to the
Northwesterly line of the Southeasterly 10 feet of said Lot, said point
being distant Northeasterly along said Northwesterly line 11.70 feet from
its intersection with the Southwesterly line of said Lot; thence South-
westerly along said Northwesterly line 11.70 feet to said intersection;
thence Northwesterly along the Southwesterly line of said Lot a distance
of 40 feet, more or less, to said point of beginning.
June 3 I 1968 p.adt J! de.
Dated ,@11, /8/ ' ..tM-t.'0/
Ella elle Sc roeder
STATE OF CALIFORNIA _}SS.
COUNTY OF LOS ANGRLRS
On _ June 3 I 1968 before me, the under-
signed, a Notary Public in and for said State, personally appeared
Ella Belle Schroeder
. known to me
to be the person_whose name~ subscribed to the within ~
instrument and acknowledged that she executed the same. ~
WITNESS my h and official seal. 0
Signatur
Name (Typed or Printed) (This area fm official notarial Beal)
Title Order No. 67 51 899 Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE .6
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I B K 04171 P G 985
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 D1502, page 621, of Official Records of
Los Angeles County, California.
IN WITNESS WHEREOF, I have hereunto set my hand
this 7th day of June , 19~ .
CITY OF SANTA MONICA,
a municipal corporation,
,..""-'---'"
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I( (tJ/ /r lC.--. /----.:-.
BY /e .... /' .'
I City Attorney
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67FS