P-189 (2)
~:'.,'
-, ~ - ' 1)838 ;Z~E431
1~l3 ~ !.f~ Bl1Cl
( C c.s ) I FREE ~iJ
THIS GRAIfT DEED, made this ~ day of 'I ~J..( <k't4t ' . 19 0,
.. froa SOU'l'HERlf P1CIlPIC COIllPANY, a corporat1on, Grantor, to the eI'n OlP
SA.~A ROMICA, a municipal corporation of the State of California,
Grantee;
WITNESSETH:
For a valuable consideration, receipt whereof 1s hereby acknowl-
edged, Grantor hereby grants unto Grantee that certain strip of land,
100 feet wide, sItuate in the City of Santa Monica, County of Lo8
Angeles, State of California, described a8 follows:
That portion of that certain parcel of land descri..d
. 1n deed from John P. Jones and Robert S. Baker to Los
Angelea and Independence Railroad co.~ny dated October
I _' , 14, 1875, recorded 1n Book 40, Page 2 2, of Deed8 in the
,- , - " Office of the Recorder of said County, extending froa the
t northwesterly prolongation of the southwesterly 11ne of
'\, I Lincoln Boulevard (formerly 8th Street), as said Boulevard
. 1s shown on .ap of the "Central Addition to Santa Nonica"
~ I I recorded in Book 3, Pages 176 and 177, of Miscellaneous
Records in the office of said Recorder, 1160.7 feet south-
westerly to the northwesterly prolongation of a line parallel
with and distant southwesterly 30 feet, aeasured at right
angles, fro. the northeasterly line of 5th Street, as said
street is shown on said map.
Containing an area of 116,070 square feet, More or less.
EXCEPTING AND RESERVING, HOWEVER, to Grantor, its successors and
ass1gns, forever, the title and exclusive right to all of the minerals
and mineral ores of every kind and character now known to exist or
hereafter discovered upon, witnin or underlying said land or that may
be produced therefrom, inCluding, without limiting the generality of
the foregoing, all petroleum, 011, natural gas and other hydrocarbon
substances and products derived therefrom, together with the exclusive
and perpetual right of said Grantor, its successors and assigns, of
. ingress and egress beneat;h the surface of said land to explore for,
extract, mine and remove the same, and to make such use of the said
land beneath the surface as 1s necessary or useful 1n connection
therew1 th, which l,se May include lateral or slant drilling, bo r'ing,
digging or sinking of wells, shafts or tunnels; provided, however,
that said Grantor, its successors and assigns, shall not use the ......
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BOOK D838 fi~(t32
~~~~~~xidx:s:.~rrmll'~~xamt~1'-Y1Wft2a"kxmxlx:
~ surface of said land in the exercise of any of said rights,
and shall not disturb the surface of said land or any improvements
thereon.
Grantor hereby declares that tne land being conveyed is not
necessary for use in the performance of its duties to the public
as prescribed by the Public Uti~ities Code of the State of Cali-
fornia, and is not needed for its use in the conduct of its busi-
ness.
IN WI'l'Nt.SS '(,HEREOF, Grantor has caused these presents to be
executed by its officers thereunto duly authQrized and its corporate
seal to be hereunto affixf'd the day and year first herein written.
~
SOU~HERN ~ACIFIC CG~PANY,
,y /&. v. ~....- ~
Vice Pre t
7;, /
Attest: / ~ ~/(.v--'-
Assista~t Secretary
.,7'A IE OF CAUFORNIA, , - D838-~ ."3"3
d) ,'Id County of San Francisco f ss, BOCt Pt,,["I:
In this 23rcl _dayof__,l"ebruar;y inlhe\mr()n,'Th"usandNinellundr"d"nd~,__SixtJ'
re ,,' H, G, BUNN, ,JR" a Notary PuMic i'l and for the City and County of San Frar<<:isco, Stat.. of California, p€f'sonally appeared
(65 Market St,) H. F, Biaggini and T. F. Ryan, known to me 1<) be the Vice President and Aeai8tant
Secretary. respectively, lif the forpomtion cU!Scnbed in and that executed the within
instrument, Qnd alsf) hrwwn to me to be the (wrsonS whu f',tf'cuted it on behalf of the corpora-
tion thf'rein I).ll med and the.} \l<'knowledgcd to me that such corporation executed the sa me.
IN Wl'J'!\iESS WHRREOF, 1 huvp hereunto ,et my hand and aflixed my
o!ficla; seal at my uflice <n the City and County of San F'raTU'i,cfJ, the doy and vear in
thL~ o~rtificate f~"i;n;f nbo 'f' writtt'n.
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<'orporHllon :\otary PllHh ir("d f\)r Hw elt.v and ('oLJntv of :--;an Fr..l.neis<:o. :--;tate of California.
'1,. I .noJuuJ8ionExpirea ~June 25, 1963.
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'Ei...,,:~)Ee IN c;:r: . C~r"-i',JS
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Mhl 6 1960 AT aA,M.1 ~
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8001 D838 ~i~4.
CERTI FI CA TE
This 1s to certify that the interest in real I
property conveyed by the deed or grant dated Pebl"\l&r7 -.
,
1960 , from the PACIFIC ELECTRIC RAILWAY COMPANY to the
CITY OP SANTA MONICA, a political corporation and/or govern-
mental agency, 1s hereby accepted by order of the City Council
of the City of Santa Monica on Mal'ch 17 , 19 59 ,
and the grantee consents to recordation thereof by ita duly
authorized officer.
CITY OF SANTA MONICA,
a munie1 1 corporation,
.
by
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RESOLUTION NO. 2099
(CITY COUNCIL SERIES) DIID MO. 189 (COB)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO PURCHASE CERTAIN PROPERTY OF THE SOUTHERN
pACIFIC CQM1ANY AND THE PACIFIC ELECTRIC
MILWAY COMPANY, BOTH CORPORATIONS, AND TO
DO ALL THINGS NECESSARY TO ACQUIRE TITLE TO
SAID PROPERTY AND IN THE EVEN'f A PURCHASE
CANNOT BE NEGOTIATED, AUTHORIZING THE CITY
ATTORNEY TO TAKE STEPS TO ACQUIRE SAID
PROPERTY THROUGH CONDEMNATION PROCEEDINGS.
WHEREAS, the Pacifio Electric Railway Company andl
or the Southern Pacific Company 1s the owner of certain prop-
erty between the center line of Fifth Street and the south-
westerly line of Lincoln Boulevard and between Olympic
Boulevard and Colorado Avenue, and
WlmREAS, the Pacific Electric Railway Company andl
or the Southern Pacific Company have solicited an offer from
the City of Santa Monica to purchase said property consisting
of approximately 121,535 square feet,more or lass,for the sum
of $1.47 per square foot.. and
WHEREAS, the (:1ty Attorney has recommended the pur-
chase of said property on said terms;
NOW, THEREFORE, THE CITY COUNCIL OF Tim CITY OF
SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Manager is authorized to do
all things necessary to acquire the fee title to certain
property owned by the Southern Pacific Company and/or the
Paeifie Electrie Railway Company as shown outlined in red on
the map attached h~reto, subject to the reservation ot 011 and
mineral rights, without the right to extraet minerals or oil
from the surface of said land, for the sum of $178.656.00,
the grantor to furnish the usual policy or title insuranoe.
In the event that the owner of said land
is unwilling to enter into an esorow upon said terms, the
1.
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City Attorney 1s authorized to take all etepa neoeseary to
1nat1tute e.n action in eminent domain to condemn said property.
SiCTION 2. The City Clerk shall oertif"J to the
adoption of: this r~601ution an,d tl'lEineetorth and thereafter the
aame ehall be in full force and affeot.
ADOI"TED and APPROVED thin ~day of )hrgb ,...'
1959.
J
...;......,'/ ' .<' (/, . -
ATTEST: ' Mayor
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UI~;<e~~(" .
\ I hereby certify that the foregoing resolution waE!
duly adopted by the City Council of the City of Santa Monica,
at .. regular . meetln,g thereof I on the ~ay of
~roh , 1959, by bhe following vote of tho City I
Counoil:
AYES: Councilmen: D ...
l"o...n1ok, Frantz, Jud/llon, liilla,
AUnt.r, Thornbu3"l, Hart
NOES: Councllmiln: lone
ABSENT: Counoilmen: Mone
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('<{~' if'.<
/('i1.._', C
- /C~ty ljlerk ... .--
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Approved &8 to form this
13th day of Karoh. 1959.
~p.OOLl
last. city Attorney
2.
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. ~ COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER WILLIAM H, BARBOUR, JR,
CHIEF DEPUTY
155 W, WASHINGTON BLVD,
J. R. PASSARELLA, CHIEF
LOS ANGELES 15, CALIFORNIA TAX DIVISION
RICHMOND 9-6911
ROSCOE HOLLINGER
AUDITOR-CONTROLLER
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June 21, 1960 -l r...->
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City of Santa Monica )> -oJ rn-nm
City Hall c:: ~ ;U ..-t 0
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Santa Monica, California r ..
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Attention: K. O. Grubb
City Clerk
Re: Property acquired from the Southern Pacific
Company by Grant Deed No. 189 ( CCS ) .
Property aCqlired from the Pacific Electric
Railway Company by Grat Deed No. 189 ( C cs ) .
Dear Sir:
Pursuant to your letter of May 24, 1960 and upon order
of the Honorable Board of Supervisors, dated June 14, 1960
taxes were cancelled on the above described property by our
Authorization No. 47776. According to Section 4986 R.T.C.
Very truly yours,
ROSCOE HOLLINGER
Auditor-Controller
;);(;tZaupe.~~~7~
. R. Passarella, Chief
i Tax Division
JRP/NJB/grm
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a.. I.a. P......lla -2 - , /24/60
ot the .outh.a.t..17 li.. ot Lot 16 ot T.aot .0. 284,
a. per .ap ..00'1'..4 ia Book 16, 'ac. '7 of Map., in
the ottio. of .a14 aaoorier.
.'0."1" the..t.o. that ,0.tlO8 171.C ao.tb.a.t.r17
~. th..outb...te.17 lb. of that o..taia pl.o..ot
lae4 (LI8001a Boul.yar.) ...orlb.4 la .... to the
01t7 ot Sa.t. Moaica, ..o.l"de. oa IUDe 12, 1911 1ft
Book 4'76, Pa,. 244 of D.e.., in tbe ott10e of sa14
a.oordal".
su1>~ao-" to ea.....t., ...t.lotl08., .....vation8,
ooa41tlo.. .a. coveaaet. of r.oord.
Thi. 'l"ope.t7 .a. ao,ul.e. 1>>7 'till. 01t, ot Santa Monioa trom
tbe 'aoitlo Ila.vio "11.a7 Co.,.." b, Saata Monioa Grant
D." ... 189 (eca) .....4e. la Book D838, 'ac. 4" oa Ka7
6, 1960.
Your. tl"u17,
I. O. GlOB, Clt7 Clerk
IOG:.o
CC Mr. Coapton
. Southera Paoltlo Co.
610 S. Main St.
Lo. Anaele. ..
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., 24, 1960
ao..ee Rol1ia,er, Auditor-Coa~011er
Couatr of Lo. "'ale.
1" W. Wa.bla,toa 11vd.
Lo. ....1.. 1', C.l1f.
A ttl J. a. '....el1a, Chi.t, Divi.ioa ot Tax..
Deal' alra
It 18 r.,...te. th." .11 ,...., ourr..t aDd ..1i.....t, b.
0..0.1184 oa tba tol10wia, ...01'1'0.. pl.o.. of ,.op.rt,.
1. Tbat ,ortioa ot that oa.tal. paro.l 01 1... ...orlbed
1. dee. troa Jou. P. lem.. ... lob.rt S. B.k.. to
Loe ....1.. ... lad.,.....oe a.l1.oad Co.,..,.at..
Ootob.r 14, 187', raoo.... i. look 40, 'ea. 282, of
D.a.. i. tha Oftio. ot the .eoord.. ot ..14 Couat"
..te..l., f.o. the north..a'erl, pr01....tloo of the
ao.th..e'e.l,. li.. of Ll.oola .0.1..... (tor..r17
8th Str.et), .e ..i4 10.18Yat4 1. .ho.. oa m.p of the
.C.ntral Ad4ltloa to S..'. Moalo.- reoorde. 1. look
" ..... 176 ... 177, of Kl.o.ll...o.. aeoorde la
the ottlo. of ..14 a.oor4.r, 1160.7 t..t aoath...terl,.
to the Dorthwe.ter17 prolon,atl.. of . 11.. parallel
with ..4 dletant .outh..aterl7 10 t.." ....ur.. at
rl.ht ..,1.. frea th. .or"beaaterl, li.. ot "h 8tr..t,
.a .a14 atr..' 1. .ho.. on .'ld ..p. '
Ooatalalac aD .... ot 116,070 ...... r..t, more or 1....
Tbl. prop..'" w.. ao,uired 1>>7 tile 01 t,. or Saata IIODloa tro.
the Southe.. '.oltio Co.,.., I, S.at.Koalo. Grant D.edlo.
189 (eCs) r.oo.4e4 1. look D',8, ..,. "1 .. )Irq 6, 1960.
2. A paro.l ot l..d, el~..t. i. th. 01tl of Saat. Monio."
Oo-.t, of Lo. ....1.., 8t.t. of Calttorai., '.In. all
th.t porttoa of th.' o.~'.la r.al p~op.rt7 d.aorlb..
1. d..d to 'h. Lo. Aaa.l.'.'..ttlo ..tl.., Co.,.."
r..ol'd.. OIl lu17 2', 190' la look 2J8" '''. 42 of
D.H', 1. the ottlo. otth. 18001'4.. of ..14 Co_t"
l11a, aorthe..\erl1 ot the ,ouih...'..l, pJ'ol....tloa
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.. CITY OF SANTA MONICA ... · ',; . i!f ...
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INIER-DEP ARIMENI M E'M 0 - ,
''"
DATE: May 11, 1960 .
TO: City Clerk
FROM: City Attorney
SUBJECT: Title Insurance Policies - P.E. Right-of-Way - Fifth
to ,Lincoln
,) I ~CI
',~ (cd l
,-'
Enclosed please find policies of title insurance
covering the Pacific Electric and Southern Pacific
right-of-way between Fifth Street and Lincoln
Boulevard.
The deeds covering this property are presently being
recorded and will be received in due course.
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Rt>:BERT G.' COCKINS
City Attorney
RGC:bk
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1012 9.56 ~.l.
California land Title Auociation
Standard Coverage Policy form
Copyright 1950 Fee $70.00
POLICY OF TITLE INSURANCE
ISSUED BY
TITLE INSURANCE AND TRUST COMPANY
OF LOS ANGELES
Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the Com-
pany, for a valuable consideration paid for this policy of title insurance, the number, date, and amount
of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
together with the persons and corporations included in the definition of "the insured" as set forth in the
stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A which
the insured shall sustain by reason of:
1. Title to the land described in Schedule C being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not
shown or referred to in Schedule B; or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B
securing an indebtedness, the owner of which is insured by this policy, but only
insofar as such defect affects the lien or charge of such mortgage or deed of trust
upon said land; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule B, such mortgage or deed
of trust being shown in the order of its priority in Part Two of Schedule B;
all subject, however, to Schedules A, Band C and the Stipulations herein, all of which
schedules and stipulations are hereby made a part of this policy.
In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
TITLE INSURANCE AND TRUST COMPANY
by 1t'~..t'~ENT
Attest '4 s,;k
~, MS .
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1012A4l-f 9-56
Call'""'''' Land Tille Association
StoDdard Coverage Polley Form SCHEDULE A
Copyngllt 1950
Amount $8,504.00 Date May 6, 1960 at 8 a.m. Policy No. 5304163
INSURED
CITY OF SANTA MONICA, a municipal corporation.
The title to said land is, at the date hereof, vested in:
CITY OF SANTA MONICA, a munic ipal corporation.
SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in this Schedule
except to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly
insured in paragraphs numbered 4 and 5 on the first page of this policy,
PART ONE: This fiJart of Schedule B refers to matters which, if any such exist, may affect the title to
said land, but w ich are not shown in this policy:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing agency or by the
public records; and easements, liens or encumbrances which are not shown by the public records.
2. Rights or claims of persons in possession of said land which are not shown by the public records.
3. Any facts, rights, interests, or claims which 'are not shown by the public records but which could be ascer-
tained by an inspection of said land, or by making inquiry of persons in possession thereof, or by a correct
survey.
4. Mining claims, reservations in patents, water rights, claims or title to water.
5. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restrictly, regu-
lating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any
zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot
or parcel of land; or the effect of any violation of any such restrictions, regulations or prohibitions.
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1012B Cont, 9-56
CalifornIa Land ntle Asse><:latlon
Standard Coverage Policy Form SCHEDULE B - (Continued)
Copyrig ht 1 950
PART Two: This part of Schedule B shows liens, encumbrances, defects and other matters affect-
ing the title to said land or to which said title is subject:
1. General and special county and city taxes for the fiscal
year 1960-1961, a lien not yet payable.
2. The right to drill and maintain well holes through
said land for the purpose of removing oil, gas and other
hydrocarbon substances from other lands whether such
other lands be adjacent, c ont iguous, or distant from
said lands, as reserved by Pacific Electric Railway
Company, a corporation, in deed recorded May 6,1960.
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IOI2C-T, 9-56
Colifornla Land Title Assoclatlon SCHEDULE C
Stondard Coverage Polley Form
CopyrIght 1950
The land referred to in this policy is situated in the county of Los Angeles state of California
and is described as follows: "
A parcel of land, situate in the city of Santa Monica, county
of Los Angeles, state of California, being all that portion
of that certain real property described in deed to the Los
Angeles-pacific Railway Company recorded on July 25, 1905
in book 2385 page 42 of Deeds, in the office of the recorder
of said county, lying northeasterly of the southeasterly
prolongation of the southwesterly line of Lot 16 of Tract
No. 284, as per map recorded in book 16 page 57 of Maps, in
the office of said recorder.
EXCEPTING therefrom that portion lying northeasterly of
the southwesterly line of that certain piece of land
(Lincoln Boulevard) described in deed to the city of Santa
Monica, recorded on June 12, 1911 in book 4576 page 244 of
Deeds, in the office of said recorder.
ALSO EXCEPTING the title and exclusive right to all of
the minerals and mineral ores of every kind and character,
occurring 500 feet beneath the surface thereof, now known
to exist or hereafter discovered upon, within or underlying
said land or that may be produced therefrom, including
without limiting the generality of the foregoing, all
petroleum, oil, natural gas and other hydrocarbon substances
and products derived therefrom, together with the exclusive
and perpetual right of said grantor, its successors and
assigns, of ingress and egress beneath the surface of said
land to explore for, extract, mine and remove the same,
and to make such use of said land beneath the surface as
is necessary or useful in connection therewith; and other
use thereof; which uses may include lateral or slant
drilling, digging, boring or sinking of wells, shafts,
or tunnels to other lands not subject to those reservations
and easements; provided, however, that said grantor, its
successors and assigns, shall not use the surface of said
land in the exercise of any of said rights and shall not
disturb the surface of said land or any improvements thereon
or remove or impair the lateral or subjacent support of
said land or any improvements thereon, and shall conduct
no operations within 500 feet of the surface of said land,
as excepted and reserved by Pacific Electric Railway
Company, a corporation, in the deed recorded May 6, 1960.
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1012D 9.56
California land Title Association S T I P ULAT I 0 N S
Standard Coverage Policy Form
Copyright 1950
1, SCOPE OF COVERAGE cuned or expended by the Company, which may be otherwise. The liability of the Company under this
recoverable by the insured in any litigation carried policy shall in no case exceed, in all, the actual loss
This policy does not insure against, and the Company on by the Company on behalf of the insured. The of the insured and costs which the Company is obligated
will not be liable for los8 or damage created by or word "knowledge" in this paragraph means actual hereunder to pay, and in no case shall such total
arising out of any of the following: (a) defects, liens, knowledge, and does not refer to constructive know}. liability exceed the amount of this policy and said
claims, encumbrances, or other matters which result in edge or notice which may be imputed to the insured costs_ All payments under this policy shall reduce the
no pecuniary 10139 to the insured; (b) defects, liens, by the public reco-rds. amount of the insurance pro tanto, and payment of loss
encumbrances, or other matters created or occurring or damage to an insured owner of indebtedness shall
subsequent to the date hereof; (c) defects, liens, 3, NOTICE OF LOSS, LIMITATION OF ACTION reduce, to that extent, the liability of the Company to
encumbrances, or other matters created or suffered by the insured owner of said land. No payment may
the insured claiming such loss or damage; or (d) A statement in writing of any loss or damage for which be demanded by any insured without producing this
defects, liens, claims, encumbrances, or other matters it is claimed the Company is liable under this policy policy for indorsement of such payment.
existing at the date of this policy and known to the shall be furnished to the Company within sixty days
insured claiming such loss or damage, either at the after such loss or damage shall have been ascertained. B. MANNER OF PAYMENT OF LOSS TO INSURED
date of this policy or at the date such insured claim- No action or proceeding for the recovery of any such
ant acquired an estate or interest insured by this policy, loss or damage shall be instituted or maintained Loss under this policy shall be payable, first, to any
unless such defect, lien, claim, encumbrance or other against the Company until after full compliance by insured owner of indebtedness secured by mortgage or
matter shall have been disclosed to the Company in the insured with all the conditions imposed on the deed of trust shown in Schedule B, in order of priority
writing prior to the issuance of this policy or appeared insured by this policy, nor unless commenced within therein shown, and if such ownership vests in more
at the date of this policy on the public records. Any twelve months after receipt by the Company of such than one, payment shall be made ratably as their
rights or defenses of the Company against a named written statement. respective interests may appear, and thereafter any
insured shall be equally available against any person loss shall be payable to the other insured, and if more
or corporation who shall become an insured hereunder 4, OPTION TO PAY, SETTLE, OR COMPROMISE than one, then to such insured ratably as their respec-
as successor of such named insured. CLAIMS tive interests may appear. If there be no such insured
The Company reserves the option to pay, settle or owner of indebtedness, any loss shall be payable to
the insured, and if more than one, to such insured
2, DEFENSE OF ACTIONS. NOTICE OF ACTIONS compromise for, or in ,the name of, the insured, any ratably as their respective interests may appear.
OR CLAIMS TO BE GIVEN BY THE INSURED claim insured against or to pay this policy in full at
any time, and payment or tender of payment of the
The Company at its own cost shall defend the insured full amount of this policy, together with all accrued 9, DEFINITION OF TERMS
in all litigation consisting of actions or proceedings costs which the Company is obligated hereunder to pay, The following terms when used in this policy mean:
against the insured, or defenses, restraining order~, o-r shall terminate all liability of the Company here- (a) "named insured": the persons and corporations
injunctions interposed against a foreclosure or sale of under, including all obligations of the Company with named as insured in Schedule A of this policy; (b)
said land in satisfaction of any indebtedness, the respect to any litigation pending and subsequent costs "the insured": such named insured together with (I)
owner of which is insured by this policy, which litiga- thereof. each successor in ownership of any indebtedness
tion is founded upon a defect, lien, encumbrance, or secured by any mortgage or deed of trust shown in
other matter insured against by this policy, and may 5. SUBROGATION UPON PAYMENT OR SETTLE- Schedule B, the owner of which indebtedness is
pursue such litigation to final determination in the MENT named herein as an insured, (2) any such owner or
court of last resort. In case any such litigation shall Whenever the Company shall have settled a claim successor in ownership of any such indebtedness who
become known to any insured, or in ca~e knowledge under this policy, it shall be subrogated to and be acquires the land described in Schedule C or any
shall corne to any insured of any claim of title or part thereof, by lawful means in satisfaction of said
interest which is adverse to the title as insured or entitled to all rights, securities, and remedies which indebtedness or any part thereof, (3) any governmental
which might cause loss or damage for which the the insured would have had against any person or agency or instrumentality acquiring said land under
Company shall or may be liable by virtue of this property in respect to such claim, had this policy not an insurance contract or guarantee insuring or guar-
policy, such insured shall notify the Company thereof been issued. If the payment does not cover the loss anteeing said indebtedness or any part thereof, and
in writing. If such notice shall not be given to the of the insured, the Company shall be subrogated to (4) any person or corporation deriving an estate or
Company at least two days before the appearance day such rights, securities, and remedies in the proportion interest in said land as an heir or devisee of a named
in any such litigation, or if such jn~ured shall not, in which gaid payment bears to the amount of said loss. insured or by reason of the dissolution, merger, or
In either event the insured shall transfer, or cause to
writing, promptly notify the Company of any defect, be transferred, to the Company such rights, securities, consolidation of a corporate named insured; (c)
lien, encumbrance, or other matter insured against, or "land": the land described specifically or by reference
of any such adverse claim which shall come to the and remedies, and shan permit the Company to use in Schedule C and improvements affixed thereto which
knowledge of such insured, in respect to which loss the name of the insured in any transaction or litigation by law constitute real property; (d) "date": the
or damage is apprehended, then all liability of the involving such rights, securities, or remedies. exact day, hour and minute specified in the first line
Company as to each insured having such knowledge PAY INSURED OWNER OF IN- of Schedule A (unless the context clearly requires a
shall cease and terminate; provided, however, that 6, OPTION TO different meaning); (e) "taxing agency": the State
failure to so notify the Company shall in no case prej. DEBTEDNESS AND BECOME OWNER OF SECURITY and each county, city and county, city and district
udice the claim of any insured unless the Company The Company has the right and option, in case any in which said land or some part thereof is situated that
shall be actually prejudiced by such failure. The Com- loss is claimed under this policy by an insured owner levies taxes or assessments on real property; (I)
pany shall have the right to institute and prosecute of an indebtedness secured by mortgage or deed of "public records": those public records which, under
any action or proceeding or do any other act which, trust, to pay such insured the indebtedness of the the recording laws, impart constructive notice of mat-
in its opinion, may be necessary or desirable to mortgagor or trustor under said mortgage or deed of teTS relating to said land.
establish the title, or any insured lien or charge, as trust, together with all costs which the Company is
insured. In all cases where this policy permits or obligated hereunder to pay, in which case the Com- 10, WRITTEN INDORSEMENT REQUIRED TO
requires the Company to prosecute ur defend any pany shan become the owner of, and such insured CHANGE POLICY
action or proceeding, the insured shall secure to it in shall at once assign and transfer to the Company, said
writing the right to so prosecute or defend such action mortgage or deed of trust and the indebtedness there- No provision or condition of this policy can be waived
or proceeding, and all appeals therein, and permit it by secured, and such payment shall terminate all or changed except by writing indorsed hereon or at-
to use, at its option, the name of the insured for such liability under this policy to such insured. tached hereto signed by the President, a Vice Presi-
purpose. Whenever requested by the Company the dent, _ the Secretary, or an Assistant Secretary of the
insured shall assist the Company in any such action 7, PAYMENT OF LOSS AND COSTS OF LITIGATION, Company.
or proceeding, in effecting settlement, securing evi- INDORSEMENT OF PAYMENT ON POLICY
denee, obtaining witnesses, prosecuting or defending 11. NOTICES, WHERE SENT
such action or proceeding, to such extent and in such The Company will pay, in addition to any loss insured
manner as is deemed desirable by the Company, and against by this policy, all costs imposed upon the in- All notices required to be given the Company and any
the Company shall reimburse the insured for any sured in litigation carried on by the Company for the statement in writing required to be furnished the Corn-
expense 80 incurred. The Company shall be subrogated insured, and in litigation carried on by the insured pany shall be addressed to it at the office which issued
to and be entitled to aU costs and attorneys' fees in- with the written authorization of the Company, but not this policy_
. .
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A PARCEL OF LAND IN LOS ANGELES COUNTY'
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THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS.
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c~eS) ~
THIS GRANT DEED, made this ~ day of 1..i...rMl';"C';.,lt ' 11960,
_ from SOUTHERN PACIFIC COMPANY, a corporation, Grantor, to the CITY OF
SANTA MONICA, a municipal corporation of the State of California,
Grantee;
WITNESSETH:
For a valuable consideration, receipt whereof is hereby acknowl-
edged, Grantor hereby grants unto Grantee that certain strip of land,
100 feet wide, situate in the City of Santa Monica, County af Los
Angeles, State of California, described as follows:
That portion of that certain parcel of land described
in deed from John P. Jones and Robert S. Baker to Los
Angeles and Independence Railroad Company dated October
14, 1875, recorded in Book 40, Page 282, of Deeds in the
Office of the Recorder of said County, extending from the
northwesterly prolongation of the southwesterly line of
Lincoln Boulevard (formerly 8th Street), as said Boulevard
is shown on map of the IlCentral Addition to Santa Moniea"
recorded in Book 3, Pages 176 and l77, of Miscellaneous
Records in the office of said Recorder, 1160.7 feet south-
westerly to the northwesterly prolongation of a line parallel
with and distant southwesterly 30 feet, measured at right
angles, from the northeasterly line of 5th Street, as said
street is shown on said map.
Containing an area of 116,070 square feet, more or less.
EXCEPTING AND RESERVING, HOWEVER, to Grantor, its successors and
assigns, forever, the title and exclusive right to all of the minerals
and mineral ores of every kind and character now known to exist or
hereafter discovered upon, within or underlying said land or that may
be produced therefrom, including, without limiting the generality of
the foregoing, all petroleum, oil, natural gas and other hydrocarbon
substances and products derived therefrom, together with the exclusive
and perpetual right of said Grantor, its successors and assigns, of
ingress and egress beneath the surface of said land to explore for,
extract, mine and remove the same, and to make such use of the said
land beneath the surface as is necessary or useful in connection
therewith, which use may include lateral or slant drilling, boring,
digging or sinking of wells, shafts or tunnels; provided, however,
that said Grantor, its successors and assigns, shall not use the ~
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BOOK D838 fAGf432
kllIUll:enctU~xar.x:kd:~~IJ"II~~~p~1r1rXJ:m:OC
usoc~ surface of said land in the exercise of any of said rights,
and shall not disturb the surface of said land or any improvements
thereon.
Grantor hereby declares that the land being conveyed is not
necessary for use in the performance of its duties to the public
as prescribed by the Public Utilities Code of the State of Cali-
fornia, and is not needed for its use in the conduct of its busi-
ness.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed by its officers thereunto duly authorized and its corporate
seal to be hereunto affixed the day and year first herein written.
~
SOUTHElli~ PACIFIC COMPANY,
B~ Rr - ~. ~ .&-J;fJ,.:~-
Vice Pre . t
. 7;~~
Attest:
,,_ ..: ~ _ ..L """ -' _-___ __~ _~
STATE OF CALIFORNIA" } 88, Bunt D838 ~GE433
City and County of San Franclsco
On this 23rd day of February i" the year One Thou;mnd Ni"e Hu~red ~nd FJqIifJt Sixt,y
before me H. G, BUNN, JR, a Notary Public in and for the City and County of San Fra7lCl8co, State of Ca1.lforma, personally aPP.="ed
(65 Market St.) B. F. Biaggini and T, F. Ryan, known to me to be the ViCe President and Assis~t
Secretary, respectively, of the corporation de8cribed in and that executed tlu! wlthm
iTtStrument and also known to me to be the persOTtS who executed it on behalf of the ro'pura-
tion therei~ named and they acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereun.to set my hand and affixed my
official seal at my office in the City and County of &m Francisco, the day and year in
this certificate first aho written,
Corporation Notary Public i d for the City and County of San Francisco, State of California.
.,-....
My Commission Expires June 25, 1963.
IN OFFICIAL RECORDS
()~ LeIS ANGEtI!S COUNTY, CALif.
1'0/1'. TIT!,,;; INSURANCE &. TRUST co. """'"
M,AY 6 1960 ATSA.M. 8
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8fiCK D838 rtG( 434
CERTIFICATE
This is to certify that the interest in real
pr.perty conveyed by the deed or grant dated February l6 ,
19 60 , from the SOUTHERN PACIFIC COMPANY to the CITY OF
SANTA MONICA, a political corporation and/or governmental
agency, is hereby accepted by order of the City Council of
the City of Santa Monica on March 17 , 59
and the grantee consents to recordation thereof by its duly
authorized officer.
by c~
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- D838 PAGE435
1854 CORPORATION GRANT DEED BOOK
tf
PACIFIC ELECTRIC RAILWAY COMPANY, a California corpora-
tion, hereinafter termed "Orantorlt, does hereby grant to the CITY
OF SANTA MONICA, a municipal corporation, hereinafter referred to
as flQlranteell, that real property described as follows:
A parcel o~ land, situate in the City o~ santa
Monica, County o~ Los Angeles, state of California, .
being all that portion of that certain real property
described in deed to the Los Angeles-Pacific Railway
Subject to easements, restrictions, reservations, con-
ditions and covenants of record.
EXCEPTING AND RESERVING, however, to the Grantor, its
successors and assigns, forever, the title and exclusive right to
all of the minerals and mineral ores of every kind and character,
occurring five hundred feet (500') beneath the surface thereof,
now known to exist or hereafter discovered upon, within, or under-
lying said land or that may be produced therefrom, including
without limiting the generality of the foregoing, all petroleum,
oil, natural gas and other hydrocarbon substances and products
derived therefrom, together with the exclusive and perpetual
right of said Grantor, its successors and assigns, of ingress
and egress beneath the surface of said land to explore for,
extract, mine and remove the same, and to make such use of said
land beneath the surface as is necessary or useful in connection
therewith; and other use thereof; which uses may include lateral
or slant drilling, digging, boring, or sinking of wells, shafts,
~
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BOOK D838 p~GE436
or tunnels to other lands not subject to those reservations and
easements; provided, however~ that said Grantor1 its successors
and assigns, shall not use the surface of said land in the exercise
of any of said rights and shall not disturb the surface of said
land or any ~provements thereon or remove or ~pair the lateral
or subjacent support of said land or any ~provements thereon,
and shall conduct no operations within five hundred feet (500')
of the surface of said land.
In the exercise of said reserved exclusive easements~
mineral r1ghts~ and reservations, Grantor may pool said lands
with other lands. The rights of Grantor shall include, but shall
in no way be 11mited t01 all subterranean rights necessary~
incidental, or convenient to the full exercise of the rights
reserved by Grantor and shall include the right to drill and
maintain well holes through the said land for the purpose of
, removing oil~ gaS1 and other hydrocarbon substances from other
lands whether such other lands be adJacent~ contiguous 1 or
~ distant from said lands.
The above described land hereby conveyed is not neces-
sary or useful in the performance of the duties of said Grantor
to the public.
IN WITNESS WHEREOF~ said PACIFIC ELECTRIC RAILWAY COMPANY1
a California corporation, has hereunto caused its corporate name
and seal to be affixed by its Vice-President and Assistant Secre-
tary duly authorized this ~ day of ),~hruorjl 1 1960.
PACIFIC ELECTRIC RAILWAY COMPANY
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CERTIFI CA TE
This is to certify that the interest in real
property conveyed by the deed or grant dated February 4, ,
1960 , from the PACIFIC ELECTRIC RAILWAY COMPANY to the
CITY OF SANTA MONICA, a political corporation and/or govern-
mental agency, is hereby accepted by order of the City Council
of the City of Santa Monica on March 17 , 19 59 ,
and the grantee consents to recordation thereof by its duly
authorized officer.
by /
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f lUtSQL'U'I'ION NO. 2099
.
(CI'1'Y COUNCIL SBRIiS} DIED NO. 189 (COS)
A RE.SOUJTION OF THS CITY COWCIL OF THE CITY
Of SAN'!'A MONICA AWHORIZING '1'$ OITY MANAQJR
10 PlJROHASJil OERTAIN PROPER'1'Y OF THE SOUTHERN
PAOIFIO COMPANY ANI> THE PAOIFIOE:t.ltC'rRIO
DILWAY COMPANY.. BOTH CORPORATIONS.. ANI> TO
DO ALL THINGS NJilOESBARY 'l'O AOftlt1.tRE TITLP; TO
SAII> PROPERTY AND IN THE IWNT A ruaOHASE
CANNOT b NEOO'l.'IATU, A'U'TliORIZING THE OI'rY
ATTORNEY TO TAD S'I'EPS TO ACQUIRE SAID
PROPERTY THROUGH OONDEMNATION PROCEEDINGS.
'WHEREAS, the .Pacific Electric Railway Companyandl
or the Southern Pacifio Gompany 1s the owner Of certain prop-
ertY'between the center line of Fifth street and the south-
w.sterly line of L1ncoln Boulevard and between Olympic
Boulevarc:1 and Oolorado Avenue.. an.d
WHEUAS, the pac1t1c Electric Rallway Oompany andl
or the Southern pacific oompany have solicited an offer from
the city ot Santa Monlca to purchase said property conSisting
of approximately l21..535 square feet,more or lesa,for the sum
f of $l.47 per sq:u.a.re foot, and
W'HBREAS" the City Attorney has Mcommended the pur-
chase of said pNperty on sai4 terms;
NOW, THJ:flE1?OU, TIm CITY OOWOIL OF THE OITY OF
SANtA MONICA DOES Rl$OLVB AS FOLLQWa =
SECTION 1. The Oity Manager isauthorlzed to do
l all things neoess~ to aoquire the fee title to certain
property owned by the $outhem .Pacific Company and/or the
Pacific Electric Railwa)" Company $.S shown outlined in red on
the map attached hereto, sUbjeot to the reservation ot oil and
m.ineral rights.. without the right toextraot minerals or 011
froll the surface of said land, tor the sum of $178..656.00,
the grantor to furnish the usual policy of tl tle insurance.
In the event that the owner of' sa.id land
1s unwill1ng to enter into an escrow upon said terms, the
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City Attorney is authorized to take all steps neceSSary to I
institute an. action in eminentdoma1n to condemn said property. !
SIOTION 2. The Oity Clerk shall certifY to the
adopt1on of this 1:'$80lutiOnt1n(l theneeforth and thereafter the
same snall be in full force and ef1'ect.
AJX)PTED and APPR()v:ED this 3. ?ttH'lay 01' Mp>oh ,
19'9. ' /
" " . /./.: ,,!Y
61; (U~,(. ct/l / .' Vi (//\
AT'.!.'IiT) ~ 1 . yor -
//12 ~
/ C",'l 't-r<-'&' ,
01~'d ~ek I '
U II hereby certify that the foregoing resolution was
duly a.4opted by the Oity COUncil of the City 01' Santa Honica,
at a re,u3.u meeting ther>eo1', on the 17~ay 01'
-'" M..r"h , 1955h by the 1'ollowing vote of the Oity
,
Council:
ADS: Counc1lluen= Drobn1ok, "rantz, luet.ol'l, M111s,
Minter, Thornbury, Bart
NOES :.Couno1.llaOtU Hont
A!$DT; Couno11men; Houe /1.r
.~e6'
"!I erk
(
Approved .as to te". this
13th day of March, 1959. .
. . ,. . B~f)~ OG.LI
A.sst. tlfulttorney
2.
~
_ u_.. I
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