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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.
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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 $ 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.
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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.
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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
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JE SIE FAIRCHILD, as Owner
Executrix of the Will of Ellsworth
Eugene Davis, deceased
Owner
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...."~ECORDING REQUESTED. . ~K D4209rG 258
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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)
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The northeasterly 12 feet of the-following parcel: ti
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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.
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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...~_
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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)' )
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(Tills area for omcial notarial seal)
Title Order No. -----..Escrow or Loan No.
MAil TAX STATEMENTS AS DIRECTED ABOVE 6g,C:J;
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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 ,-\
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BY ., ,-
( City Attorney
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