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68 FS ~ . . ...' .. . ~ . Project FOURTH STREET from Bay to Hill Sts Parcel No. 72 . Title Report No. 676 2699 Title Officer Wm. Brawders Seller JESSIE FAIRCHILD, Executrix, Estate Address of Ellsworth Eugene Davis Telephone No. 931-1001 Attorney - Robert J. Grossman, 5455 Wilshire Blvd Suite 602, Lee Tower, Los Angeles 90032 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." t~EREAS, 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: L to\lherever "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: The northeasterlyl2 feet of the following parcel: Lot 2 and the northeasterly 120 feet of Lot 30f Vawter's Hill Street Tract, as per map recorded in Book 83 page70f Miscellan- eous Records, in the office of the county recorder of said county. 6ft r ... . ,. c " 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 $ 4,200.00 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~Clgree- 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 thebeneficiary or beneficiaries en..tit1e~d thereunder. "'!'htr-aeeds of frust securing said note (s) a-re as follows : l. Deed of Trust in favor of William Puziss and Frances Puziss, husband and wife, dated Septeniber 9, 1958,. .recorded October 16, 1958 in Book T 390 page 876 Official Records, Instrument No. 1747 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 andlor plantings. 7. City agrees that construction shall not start before March I, 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. 68> p:~ - . , \ . . 9. City agrees to reconstruct any e,cisting 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. 68 <II . ,. . . . . . . IN WITNESS ~mEREOF, the parties hereto have hereunto set Jheir hands and seals this / (;-L~ day of=?; .~,,-rz,,~.-z-k... 196 ~-: CITY OF SANTA MONICA, a municipa poration by , ~ ~: K' \" .....&;L.4-C:_e./ .. ..' a~ ,c. . l.~..L~ . JE SIE FAIRCHILD, as Owner Executrix of the Will of Ellsworth Eugene Davis, deceased Owner ,:'"j' .' .. r---- ~ I " 'l-, f.L--j o.-..;;..J" ~. 'J ' . ~ I ) L ~ ">1 '. I, '> I' )Q .., I '<i I'~ I I ~ '1- t L, ~, I,,-J I, I L I '--L- 1-_' ~- ----.. 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City tf Santa Mon~. 256 AND 2.cj'.~/fo.rXL T ,'#r Nam. rCitY Attorney "I City of Santa Monica A:~;::: 1685 Main Street L~ City & Santa Monica, Callf. 90401 Stote L -.J SPACE ABOVE THIS L.INE FOR RECORDER'S USE MAll TAX STATEMENTS TO FOURTH STREET from Bay to Hill Sts I "I Parcel 72 Name Sfroot Addren NO TAX DUE AFFIX I.R.s. $ n.n nm.mnnlN THIS SPACE FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY CITY OF SANTA MONICA SEE GOV'T CODE ran t Deed 6103 TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I , JESSIE FAIRCHILD, as Executrix of the Will of ELLSWORTH EUGENE DAVIS, deceased, hf'reby GRANT(S) 10 the CITY OF SANTA MONICA, a municipal corporation, all right, title, interest, and estate of the decedent at the time of his death and all right, title and interest that the estate may have subsequently acquired by operation of law or otherwislt in and to llie following described real properly in I e City of Santa Monica > County of Los Angeles , Slate of California: (i) r~; The northeasterly 12 feet of the-following parcel: ti -< , Lot 2 and the northeasterly 120 feet of Lot 3 of Vawter's Hill Street 0 Tract, as per map recorded in Book 83 page 7 of Miscellaneous Records, ~ in the office of the County Recorder of said County. VI )! -l ~ ~ I make this deed pursuant to the order of the Superior Court of the State of '-i California for the County of Los Angeles, made in the matter of the Estate of Ellsworth Eugene Davis, Deceased, proceeding No. P499 550 on '/2,,' ~'; 611!1.7<:* /76Jl 1968, approving the compromise of pending eminent domain proceedmgs agamst said estate and directing the transfer and conveyance of the above described real property. >-"J1 . -I- /j<i1., 1968 D t d ,/ ~,<'-1.)-G-n ,'-t...~_ a e ._ STATE OF CALIFORNIA }SS. COUNTY OF Los Angeles On .~ 'l\ ,3 .;'>; i'j ~;t~' l)~ 1968 before me, the under- signed. a Notary Puhlic in and for said Slate, personally appeared _Jes.sie Fairchild. as Executrix of the _Will of Ellsworth Eug:ene Davis, deceased , known to me to be the person~__wh()se namc_~ suhscribed to the within instrument and acknowledged that she executed the same. ;-'--";:"--"- -"-"-'--'------ - -.... -... - - -.... -... -...- ~ I OFFICIAL SeAL. I WITNESS my hand and official seal. : R08ERT J. GROSSMAN : 01 "/ I\,l<:~""""""'" : NOTARY PUBLIC -- CALIFORNIA : en Signature I PRINCIPAL OFFICE IN : :' " LOS .ANGElES COUNT)' ) ~ _ _ _ ~! _C~~~i=S~O~ !~P~(~S~~.~._2:.. ~~2. _ _ _.: (Tills area for omcial notarial seal) Title Order No. -----..Escrow or Loan No. MAil TAX STATEMENTS AS DIRECTED ABOVE 6g,C:J; , @ , Q ~ Q) ~ ~ ~ C,) ~ ~ Q @ ~ oj C/l.J _ ...J .\J...... .J " ~. ~ _ tU I ~ . E-4 fil] g ii z .B ojO ~~ ,.--, I-Z < Q) ~ ~~ ,.... ,:+::::1 .. !: ~ .t""'I ~ tis: ~ ~ ~ ~ o U I I Q , ~ Q) ~ 2 ~ C,) ~ ~ Q @ ~ oj l::.J I oj...... 'j ~ I ~ ~ _ tU t:........ E-4. ::1 '"0 S : g I t:""'" 00.....0 Co ~ ~ 1'-40 ~.J ~ ~ oj ~~ .-...I '" ,.j.:l ~ 0 ~ "" 00 UlX ,.... ,:+::::1 .. t ~ .t""'I ~ tis: ~ ~ ~ ~ o u @ .~~~ '. . ... . ~ . , .. ..:;.~ ";,... .. ...-." ~ - . - . ------ ".., . '~ HI D4209PG 259 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 22 day of November , 19~. CITY OF SANTA MONICA, a municipalco;'-porat ion ,-\ j /", < / ,/' .~.,P'/ /, / -.p'. < C~ '/-.- - BY ., ,- ( City Attorney .~ 6?pJ