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HomeMy WebLinkAboutD-1801 1'l.....V1\"'P"fnV'~r-.r'~U'VT ','. '........... , 2994: ~ slriz37 rG433 ' .' ' .. '. " ~ CITY OF ARCADIA Y:1l:'\t RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CAliF. " WHEN RECORDED MAIL TO 59~ '1 P. M. OCT 5 1971 " Reglstrar.Recorder Robert D. Ogle, City Attorney City of Arcadia 240 West Huntin Arcadia California 91006 SPACE ABOV' THIS LINE ~O. ""O'.ER'S uf FREE ~ "'EJ SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS adopting and including by reference certain provisions of a deed of trust recorded in the counties named herem. A copy of said provisions is set forth on the reverse hereof. ~ Wltis IDrrllllf Wrust. made thi, tv\' ~ Bctw."n_EllS.YLo.rJh.-T........Dahlgren o '" uf 921 Fallen Leaf Road '" the C,ty of_Arcadia " (Street and Number) '-!;~cuunty of Los ADgeles ,State of_California ~hcccm callcd TRUSTOR, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a natwnal hankin. o ,''5o,,"''on, hcccm called TRUSTEE, and City of Arcadia, a municipal corporation "t ,herein called BENEFICIARY. , i\, 1itIitl1rnnl'tl1: Th,t Tcu"o. mcvocahly GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH ,0{ POWER OF SALE, that pcupccty in Los Angeles.... R County, Cahforma, described as: ~ 30th day of September The legal description is set forth in Exhibit "A" which is attached hereto and made a part hereof as though set forth in full herein. 71 ,19_, TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by Section B, Paragraph 5, of the provisions adopted and included herein by reference to collect and apply such rentll, issues and profitll, lfl'nr t~t pur.pOllt of ~trurinn (1) payment of the indebtedness evidenced by one promissory note of even date here- with in the principal sum of $ 4.361.44 payable to Beneficiary or order, and (2) the performance of each agreement of Trustor adopted and included by reference or contained herein. - lily t~r u:rrutiDII anll llrlinrfl! Df t~iD l!Jrrll Df wruDt and the note seemed hereby the parties hereto agrer that there are adopted and included herein for any and all purposes by reference as though the same were written in full herein the provisions of Section A, including paragraphs 1 through 1 thereof, and of Section B. including paragraphs 1 through 9 thereof, of that certain 6ctitious Deed of Trust recorded in the official records in the office of the County Recorder of Sacramento County on April 18; 1950, in book 1814 at page 5'86 and in the official records in the office of the County Recorder of Shasta County on April 18, 1950, in book 327 at page I, and in the official records in the offices of the County Recorders of the following counties on April 17,1910, in the books and at the pages deSignated after the name of each county: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY Alameda 6080 '19 Kern 1634 347 Nevada 149 199 Santa Cruz Alpine F 71 King, 454 10 Orange 1999 492 Sierra Amador 42 76 Lake 206 449 Placer 566 647 Siskiyou Butte 544 145 Lassep 60 146 Phunas 31 94 Solano Cataver.., 60 309 Los Angeles 32874 331 Riverside 1164 336 Sonoma Colusa 166 2 Madera 491 62 San Benito 169 406 StanislaU9 , Contra Costa 1.539 32 Marin 647 154 San Bernardino 2562 143 Sutter Del Norte 31 475 Mariposa 31 396 San Diego 3.584 100 Tehama EI Dorado 27.5 48.5 Mendocino 267.53 San Franci!ICo 5423 490 Trinity Fresno 2835 75 Merced 981 44 San Joaquin 1240 432 Tulare Glenn 244 415 Modoc 82 341 San Luis Obispo 560 594 Tuolumne Humboldt 127 442 Mono 27 83 San Mateo 1838 193 Ventura Imperial 777 126 Monterey 1210 132 Santa Barbara 911 491 Yolo Inyo 83 I Napa 331 100 Santa Oara 1962 33 Yuba A copy of said prOVisions so adopted and included herein by reference is set forth on the reverse hereof. For any statement regardwg the obhgation secured hereby, Beneficiary may charge the maximum amount permitted by law at the time of the request therefor - The underSigned Trustor requests "-that a copy ~f any notice of default and of any notice of sale hereu~er mailed to him at hiS address given above & ' SIgnature of Tr tor d'_O.Phf~J ~~ ='hsworth T. Dahlgren/' , STATE OF CALIFORNIA County of_L~geles , On this 30th day of September a Notary Public wand for said County, personally appeared }SS ,19 71, hefo,e me, Florence E. Ellsworth T. Dahlgren BOOK' PAGE 767 498 1 202 257 334 527 21 953 386 1000 1 321 30 210 308 40 420 1437 411 47 119 926 397 321 95 140 213 Neergar.d_, I known to me to be the person(H whose name(~ executed the same WITNESS my hand and official seal is OFFICIAL SEAL FLORENCE E, NEERGARD NOfARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY MyCommlsslon Expires Mar. 4, 1972 Notary Public wand for said County and State. My CommIssion expires 19_ (If executed by a corporation the corporation form of acknowledg. ment must be used) . P. O. Box 60, ArcadIa, Calif. ,~ .- To obtain either a Partial Reconveyance: or a Subordination Agreement, this Deed of Trust, together with the note secured, .. hereby, must be presented to the Tru!'>tee for endorsement, accompanied by either a Request for Partial Reconveyance or..:!. od,;~, ordinatIon Agreem~nt, as the case may be, and Tru!'>tee's fee, '. .~~ .. To obtain a Full Reconveyance: of thIS Deed of Trust present to the Tru~tee ihis request properly executed the Deed of Trust the original note secured by said Deed of Trust and any other evidence of indebtedness secured thereby, togethe'r with reconveyanc~ fee. . ..' REQUEST FOR FULL RECONVEYANCE To B,~NK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Trustee, The under5igned IS the legal owner and holder of the note 10 the amount of $ secured by the foregoing Deed of Trust. which was recorded in Book Page of Records of County. California II" Dated: and all other indebtedne!'>s You are hereby notmed that said note and all other sums and indebtedness secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed upon surren'der to you of said note, Deed of Trust, and evidence of any other Indebtedness secured thereby, for cancellation and retention, and upon payment to you of any sums owing to you under the terrl1s of said Deed of Trust, to reconvey, without warranty to ..the person or persons legally entitled thereto," the estate now held hy you thereunder, M~il reconveyance to this address: Signed: Received reconveyance: DO NOT RECORD The (ollowing is a copy o( the provisions of Section A, including Paragraphs 1 through 5 thereof, 'and of Section B, including Paragraphs 1 through 9 thereof, of that certain fictitious Deed of Trust recorded as set forth on the reverse hereof: rn Z o .... rn .... > o c:: ~ U.l rn U.l :r: E-< U.l " Z <( :r: u c:: o E-< ;:J o U.l ~ .... c:: E-< rn E-< o Z o CI " Z .... Z c:: <( ~ A. WO protrrt t~r arcurU!l of t~ia 19rrll of wnurt. wruatl1r agrrrll: I. To keep laid property in good condition and repair: not to remove Of demolish any buildioK thtteon; to complete or IUtore promptly and in rood and workmanlike m..nner any building v.hieh ma,. be tolUltructed, damaged or destroyed thereon and to pay when due all daima for labor performed and mate:r!a" lurnuhed therefor; 10 campi,. with all 1&..... aHectlnl said property or requiemg any a!teratiolUl or improvements to be made thereon: not to commit or permit Wallet thereof: not to commit. ,uffcr or permit any <tel up<ln laid property in vloliltion of law; to cultivate, Iffilate. feniliu, fumlilte. prone and do aU othu acta which horn the character or use of .aid property may be feuonaDly n((eMlry, the ,pedn, enurncratiOIlt herein not excluding the general. 1, To prOVide, maintam and deliver to Bene.6cury fire ilUlurance aatiabctory to and with 1018 payable to Beneficiary, The amount collected under any fire or ocher Insurance pohcy may be applied by Beneficiary upon any IOdebtednu. ICcured bereby and in such order as Bcneficiuy may determine, or at option of Beneficiary che entire amOlJnt so collected or any pan thereof may be rcleued to TrUltor. Such applicatIOn or release sball not cure or waive any default or notice of default here- under or invahdate any act done lunuant to .uch notice. 4 J, To appear in an defend any action or proceedir.; purponinlil: to affect the .ecunty bereof or the riihu or poweu of Beneficiary or TfUlrec; and to pay all COlIU and upelUes, indudmll co.r of evidence of title and attorney'. fe:.s in a reasonable .um, many .uch action or proceedina in which BenefiCiary or Trustee may appear, 4, To pay, at lean ten d.3v. before delinquency all tues and aNusmenla affectinlil: laid propeny, Includmg assessmenu on appurtenant water stock; wben due, all jnwmbrancC8, charges and licCII, with interest, on ,:l1d property or any pm thereof, which appear to be prior or superior hereto; all coati, fus and lI.lpensu of th~ TrUlt. SiJould Trustor fail to make any payment or to do any act a. berein prOVided, then Beneficiary or TrUlltee, but without obliiation so to do and without notice to or demand l.lpon Trwtor and without releas/nlil: Trustor from any oblillation hereof, may: make or do the same in sucb manner and to .uch atent 111 either may deelI1 necanry 10 plotect the lecu~;ty herC(lf. BenefiCiary or Trottee being authorixed to enter upon laid property for .uch purposee; appear in and defend any action or proceedinj purportinlil: to affcct the leCUnty hereof or the righe. or powefl of Bendiciary or Trultee; pay, purchuc, conteat or compromise any incumbrance, charlie or hen which in the Judlil:ment of eIther appears to be pnor or lupenor hereto; and, in CJ.ercismg any luch po~fI, pay necu.ary expentel, employ COUlUel and pay hill reasonable ices. ~, To pay immedlltely and without demand all ,UIIlII so upended by Beneliciary or Trultee, with interest from date of apenditure at seven per cent l'er annum. ill. ]1 ill mutuaUH agrrrll t!)at: 1, Any award of damages in conncction with any condemnation for public use of or injury to Illd property or any pan thereof ~ hereby wigned and .hall be paid to Beneliciary ",'ho may apply or releue such money. received by bim in the lime manner and with the lame effect at above prOVided (or dispoaition of proceeds of lire 01 other lll6urance. 2, By accepting payment of any .um secured hereby after iu due date, Beneficiary does not waive hi. n&ht either to require prompt payment when due of all othcr .uma 10 _ecured or to dedare default (or fadure so to pay. 3, At any time or from time to time, without liability therefor and without notke, upon written requnt of Beneficiary and _pre,entation of thi. Deed and .aid note for endOflement, and without aScetinl the penoDal liability of aay penon for paymll1l1t of the indebteda... .ecured hereby. Trult.. may: reconvey .11 or any part of uid property; COIlHot to the makioa of Iny map or pin chnenf; join In ItllntiDI any ea.ament thereon; or jam in aoy uteo.ion agreement or In) agreement .ubordinating the lien or charge hereof. 4, Upon written request of Beneficiary .tatlO!l that all lum. .ecured hereby have been paid. and upon .urrcndcr of thiI Deed and laid note to Tru.tee for cancellarion and retention and upon payment of its feu, TrUlltee shall reconvey. without warranty. the property then held hereunder, The reclta!, in .uch reconveyance of any lIlatters or facc_ .hall be conclUSive proof of the truthfulneu thereof. The grantee In .uch reconveyance may be described 81 "the person or persona legally entitled thereto," ~, All additional security, Trustor hereby glVU to and confetJ upon Bc:neliclary the light, power and authority, during the continuance of theee Trusu. to collect the rent~, issuc~ and profiu of ~ald property, reeerving unto TrWltor the ria:ht, prior to any default by Trustor in payment of any indebtedncu secured hereby or III performance aE any agreemcnt hereunder, to collect and retam .uch renu, issues and proliu as they become due and/ayable, Upon any .uch default. Bcneliciuy may at any time without nocice, either in peuon, by agent, or by a receiver to be appointed by a court, and without regar to the adeqllacy of any lecunty for the indebtednu. hereby .ecured, entcr upon and take poI3C3$ion of said property or any part thercol, m h~ own name .ue for or otherv.'ise collect such renU, illlUct and prolits, including those past due ~nJ unpaid, and apply the eame, lue coaU and expelUCI of operation and collection, including reasonable attorney's fect, upon any indebtedncq .ecured hereby, and In .uch ordn as Bene6cl3fY may determine.' The entering upon and takmg pOlle"ion of ,aid property, the collection of such renu, ~uct and proliu and the application thereof a. afor~ald, ,hall not cure or v,"1Iive any default or notice of default bereunder or invalidate any act done YUfluant to .uch notke. 6. Upon default by TrWltor in payment of any mdebtedneea secured hereby or in performance of any agreement hcreunder, Beneliciary may declare all .ums .ecured hereby Immedl~tely due and payable hy dehvery to Trultee of written declaration of default and demand for nle and of written notice of default and of election to cause to be sold said property, which notice Trwtee .hall cawe to be duly liled for record. Beneficiary 0140 shall deposit with Trultee thi. Deed, said note and all documents evidencinll es.pendlCurea .ecured hereby. ^fter the bpse of ,uch time as may then be required by law follOwing the recordation of said notIce of default, and notice of ule having been given u tben required by la\\>, Tru,tee, withQut demand on Trwtor, shall .ell nid property at the time and place fixed by It in nid notice of nle, either u a whole or in .eparate parcell and in luch order as it may determine (but lubject to any statutory right oJ Trultor to direct the order in which such property, If colllli,tinlil: of ,everal known lots or parcel., Ihall be .old), at Pl1hlic auctIOn to the highest bidder for ca~h in lawful money of the United States of America, payable at time of nle. Trustee may postpol'!e ule of all or any portion of eaid property by public announcement at .uch time and place of nle, and from time to time thereafter may postpone such ule by public announcement at the time 6ud by. the prccedlni po.Itponement. Trustee .hall deliver to such purchaser iu deed conveying the property 10 sold, but Without anI. covenant or warranty, al'ru. or implied. The reCitals In .uch deed of anJ' matters or face. Ihall be conclUllive proof of the truthfulness thereof, Any penon, including Trustor, Trustee. or Bene6ciuy u hereinafter defined, may purchuc at ,uch I3le. A.fter deducting .11 COltl, fcel .nd e.peDlel of Tru.tee and of this Trult. includins co.t of evidence of title ill connection with Al.. Tnute. .hln .pply the pro<:eed. of lale ro/.yrnent of: ell .uml eJlpeoded under the term, hereof, not then rep.id. with Iccrued interelt at "vln per cent pu annum; all other lurn. then ""CUred hereby; 10 thl remlinder if '''7. to the penon or pen.ou leS"l1y entitled thereto. . 7, Trwtor, or If said I'roperty ,ball han bem traMuu:d, the then record ?Wn~r, together with Bendiciary. may from time to time, by InatrurDent in wt"iting. lubstltute a 'U<;:CCMor or IUCCCQOts to any TrUltee named herein or actlOB hereunder, which mrtrument, executed and acknowledged by each and recorded in the office of the re,order of the county or counties where uid property it situated, .hall be conclusive proof of proper lubstitution of IUch ,uC"cesaor Trustee or TrulteCll, who .ball, WIthout co";veyance from the TrUltee predece,,~or, lucceed to all iu title, ClItatC-, rizhu, power. and dutiCll. Said illlltrument must contain the name of tbe orizina} Trultor, Trusree and BeneficI~ry hereunder, the book and l'alle where thi. Deed i. recorded, and the name and address of the new Trustee. If notice of default .ball have been reoorded this power of .ubUitutlon cannot be exercl.ed until after the COlIU, fces and ell'enlCI of the then acting Trustee ,ball have been paid to IUch Trustee, who shall endc::1rle r~ceipt thereof, upon \slJch instrument of substlrution. The procedure herein provided for .ubstitutlon of Trustu shall be CJ:c1usive of all otha I'ravi.ioOl for substitution, etatutory or otherwlle. 8. This Deed appliCll to, inuru to the benelit of, and bindl all partiea hereto, their heill, Itgateu, devbCCl, adminittrators, accutol'l, IUCCCllOtI and asSIgN, The term Benelidary Ihall mean the owner and holder, includinlil: pledlil:ca, at the note lecured hereby, whether or not named as Bendiciuy herein, 10 this Deed, whenever the <:ontc~t 10 requires, ma.culine gender includea the feminme and/or neuter, and rhe .mgl.llar number includes the plural. , 9, Tru.tu accerts thi. Tru't when thil Dud, duly e.-cuted Ind ackoowledlled. i. m.d. . public record .. provided by law. Tru.tee i. not oblicated to noufy any party hereto 0 pending I.t. under any other Deed of Trult or of any Iction or proceedla; in whicb TrulJtor. Ben.6ciary or Trust.. .baIl bti . p..rty unlen brought by Trultee. . I '" M l!: . +-t w trl ... ....l ._~ E -< :..~ '" '" :E ~~ 0 '" =~ '" '" ta 0 0 .. ~ W '" '" ~I ~ f-< '+-t w 0 ~ ~ f-< '-~ ;g '" 0 C~ 0 '" :t t '" ..=~ f-< '" ~ ::~ fIl -< ~ - ~fi ~ ~ ~ oJ. ~ . ] ~ . 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'B K T7Z37P G 434 , '"' .... . ~ ~ , , 'All that certain piece or parcel of land in S,mta Anita Rancho, .in the City of Arcadia, County of Los Angeles, State of California, as shown on map recorded in Book 1, Page 97 of Patents, in the office of the Recorder of said County, described as follows: Beginning at the northwesterly corner of Lot 5, Tract 13768 as sho,;n on map recorded in Book 273,page 37 of Maps, in the office of said Recorder; thence along the northerly prolongation of' the westerly line of said Lot 5, north 90 14' 54" west 54.92 feet to the southerly line of Sant.a Clara Street, (80 feet wide) as described in City of Arcadia Resolution No. 3607 recorded on August 9, 1963 as Document No. 5909 in Book D-2140, Page 264 of said Official Records; thence along said southerly line, easterly 56.04 feet along a curve concave to the south and having a radius of 560 feet; thence continu- ing along said southerly line north 780 33' 32" east 188.46 feet, more or less, to the northerly prolongation of the easterly line of Lot 5 of said Tract 13768; thence along last said prolongation, 'south 8.68 feet to the northeast corner of said Lot 5; thence southwesterly along the northerly line of said Lot 5 to the point of beginning EXCEPT all minerals, ores, petroleum, oil, natural gas and other hydrocarbon substances lying 500 feet below the ~'.lrface of saic1 lc.:;.d :2.~ rescr'.nzc i.:: ::hE. deed from Pacific Electric Railway Company, a corporation, recorded May 15, 1962 in Book D-1614, Page 679, Official Records. Exhibit "A" l\:l ~ c.a ~ ~I"i ~I,-~I \.{i "'-'I >- -;....' '" ~ w , '" " ::: ~~ ,.. ?;: <..' Z 0 'J <, ~I -. , , - -'- '. D.-d of Trust Instalment Nole - Inlerest Iw'nded .:~ DO NOT DESTROY TI'IIS NOTE" When paid, this nOle: with Deed of Trnst seeorinf.: same. ~ must be surrendered to Trustee for cancel1ation and retention, hefore reconveyance will be llIade. ~ $ 4, 361. 44 Arcadia , California, s..e.p.t.emh.e.L3_L, 19-1.1 In instalmcnts as herein stated, for value received, I promise to pay to City of Arcadia, a municipal corporation . IJr order, at Arcadia, California, the sum 01 Four thousand three hundred sixty-one and, 44/100------- DOLLARS, wilh interest from 'Januarv 1. 1972 on nnpaid principal at the ratc of seven and one-half per cent per annUIll: principal and interest payable in installllt"nts of Eighty-six and 38/100---- ----- --- -- _uu -- - -- ----- ------- -- ------ -1)01lar5 or more on th," first day of each succeeding month, beginning on the fIrst day of January 19 71 and continuing until said principal and interest hayc been paid. Each payment shall be crcditc.:d first 011 in~erest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should default be made in payment of any instalment when due the whole sum of principal a~nd interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the United States. If action be instituted 011 this Ilote J promise to pay such sum as the Court may fix as attorney fees, This nole ig secure t hy DEED OF TRUST of even date herewith to ~~ corporation. OF ARCADIA-l,. ,/, TAU_3555_69(AEV) ". .....~".., '-' ,.. . ..~..~~-:r'~___.," .._.._...___.~__.~.__.__ ,,' < , ,'Ai RESOLUTION OF THE 'CIrY COUNCIL, " c , ""OF THE"CITY OF ARCADIA, 'CALIFORNIA, DEDICATING REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES TO BE KNOWN AS SANTA CLARA STREET. '.:1 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the following described real property owned by the City of Arcadia, a municipal corporation, and located within said City of Arcadia, County of Los Angeles, State of Cali- fornia, to wit: That portion of the Santa Anita Rancho, recorded in Patents Book 1, Page 97, in the'office of the Recorder of Los Angeles County, as shown on map of Tract No. 949, recorded in Book 17, Page 13, of Maps, in the office of said Recorder, described as follows: Beginning in the southeasterly corner of Lot 1, Tract No. 949; thence North 38033' East 63.93 feet along the southeasterly line of said Lot 1 to the true point of beginning, said point being in the northerly line of Huntington Drive 100 feet wide; thence East 76.71 feet along said northerly line; thence North 38032'37" East 140.65 feet; thence East 25.57 feet; thence North 38032'37" East 414.87 feet to the beginning of a tangent curve, concave to the southeast and having a radius of 560 feet; thence northeasterly along said curve 391.10 feet; thence North 78033'32" East '341.50 feet, more or less, to the westerly line of Santa Anita Avenue 100 feet wide, as shown on map of said Tract No. 949; thence North along said westerly line 123.64 feet; thence South 41014'34" West 67.78 feet; thence South 78033'32" West 312.10 feet to the beginning of a tangent curve concave to the Southeast and having a radius of 640 feet; thence southwesterly along said curve 446.98 feet; thence South 38032'37" West 619.25 feet more or less to the true point of beginning; be and the same is hereby dedicated to the public for street and highway purposes to become a part,of and to be known as Santa Clara Street. -1- 3607 of th;j.s recorded in the office of the County Recorder ,of Los Angeles I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 6th day of August , 1963, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Butterworth, Reibold and Phillips NOES: None ABSENT: Turner ~~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 6th day of August ,1963. Po /J:- J Jf?); b' f J. , ~ ~~the City~f~dia ~;~J:V~~~ City ClerK -2- .....,.......~