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FOURTH STREET from
Project BJK Ba~to Hill Sts
Parcel No. 5
Title Report No.. 676 2655
Title Officer Wm. Brawders
Seller MELARA Jose h Dana aka Jose h Dan
~ Address Santa Monica
Telephone
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:
The Southwesterly l2 feet of Lotl4 in Block "A" of Vawter's Fourth
Street Tract, as per map recorded in Book 3 page 92 of Maps, in the
office of the County Recorder of said County.
EXCEPTIN1!lG AND RESERVING THEREFROM, all oil, oil rights, natural gas,
natural gas rights and other hydeocarbons, by whatsoever name known,
and all other minerals and mineral rights, whether or not similar to
those herein mentioned, belwo a depth of five hundred (500) feet;
provided that grantor shall not have the surface rights to drill,
mine, explore or otherwise operate upon, in or through the land herein
conveyed, in the exercise of any of the herein excepted and reserved
rights.
70FS
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3A. Coinciden~allywith 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 $ Z3,.i3:O~..\db ~ .~hlV1.'
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 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 ~e 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
V March 1, 1968.
8. In additiop 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 ej{isting 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 WHEREOF, the ~ties hereto~e hereunto
set their hands and seals this ~ day of ~ ,
196~
CITY OF SANTA MONICA,
a municipal c oration
by
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Jose h Dan J, Melara, al~l}@iQwn as
Joseph Dan Melara
Owner
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. A RE<70RDING' RE~UESTED BY 281 .
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("7(,,'2..''iS~ J,S RECORDED IN OFFICIAL RECORDS
City of Santa Monica OF LOS ANGELES COUNTY CALIF
AND WHEN RECORDED MAIL TO FOR TITlE INSURANCE & TRUST cO.
JUl 2 1969 AT 8 A.M.
I City Attorney I RAY E. LEE, Registrar-Recorder
Name City of Santa Monica
SfnHl' 1685 Main Street
Addre$S
City & Santa Monica, Calif.
State L 90401 -.J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO FOURTH STREET from Bay to Hill
I I Parcel No. 58
Name
Stroet FREE RECORDING REQUESTED
Addreu
City & ESSENTIAL TO ACQUISITION
State -1 No tax due BY CITY OF SANTA MONICA
1l,is is to erfiJy th..: d')cument An'/X I.R.S. $....................IN THIS SPACESEE GOV'T CODE 6103
L.e5e.!~ed for r.-cord Ri;;111 of Way
~.;:partmeot under Gov. Sec..~103 af
nece!sary to c;?mp!ete cnah of tiut.>
i J properiy acquired bi In,Oo I I
8y_......,..................,...............__... Grant Deed
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TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOSEPH DANA MELARA, also known as Joseph Dan Melara
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:
The Southwesterly 12 feet of Lot 14 in Block nAn of Vawter's Fourth
Street Tract, as per map recorded in Book 3, page 92 of Maps, in
the office of the County Recorder of said County.
EXCEPTING AND RESERVING THEREFROM, all oil, oil rights, natural gas,
natural gas rights and other hydrocarbons, by whatsoever name known,
and all other minerals and mineral rights, whether or not similar to
those herein mentioned, below a depth of five hundred (500) feet;
provided that grantor shall not have the surface rights to drill,
mine, explore or otherwise operate upon, in or through the land
herein conveyed, in the exercise of any of the herein excepted and
reserved rights.
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'" "UM""JT'\R" -Rl'ICTE~ T<lX $ !1~
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, Tl..-,. 1;...,_,idrL.O and
Tru~~t
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(J seph Dan,' Melara
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On before me, the under- ~
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L..sigrrid., a Notary ;~t1' Ie in and for said State, personally appeared .
Z
-.J.Qs e ph Dan M~l(lra 0
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. known to me VI
to be the person__whose name~ suhscribed to the within
instrument and acknowledged that he executed the same. ~
WITNEssffiY1;and officIal s~ '. aJ
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Signatu~.>-- ~i~ ~/A-L/ Mv eomm. ExiilreS NlWeI!\ller 1, 1971
(This area for official notarial seal)
Title Order No. 676 2685 Escrow or Loan No.
MAil TAX STATEMENTS AS DIRECTED ABOVE 70
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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 12th day of March , 19~.
CITY OF SANTA MONICA,
a municipj}l"corporat ion,
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BY, ,.'
City Attorney
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70F.5