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HomeMy WebLinkAbout1974-12-26 - Condemnation HOOK, DAISY THORPE .... } gip, SO ME ill DGI;; P BO.!FA; City Attorney BX l 1 359PG 1628 JOHN J. 01CONNOR, Deputy City Attorney ,21 City of Huntington Beach � P. 0. Box 190 g 12916 1 .. , Huntington Beach, California 92648 Telephone: (7 14 6- 55 53 �..55 ENTER011 INSUC�� 5 Attorneys for Plaintiff fVO.. Page... .'. . r E 1 uet�_ /d.-31 - 7 s z442 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE 10 11 CITY OF HUNTINGTON BEACH, a ) • �2 municipal corporation NO. 184 101 Plaintiff, ) 13 t-s ) FINAL ORDER OF CONDEMNATION 2.4 )DAISY i`HORPE HOOD; also known) RECORDED AT REQUEST OFFIRST AMER. fti'LE INS. CQ 15 as DAISY E. HURLEY THORPE, ) IN OFFICIAL RECORDS OF �� et a!, j ORANGE COUNTY, CALIF. Defendants. ) 8OOAM MAR 39 1975 1 �-� J.WYLIE CARLYLC County Recada 38 On December 26, 1974, this Court made and gran e a 19 judgment in condemnation adjudging that plaintiff is entitled to Wi condemn, as prayed for in its complaint against defendants, the 2 real property speci ica,lly uescriLad ire Exhibit "All of the complain; 22 herein; on deposit for said defendants of the sum of ONE HUNDRED 23 FIVE ` hO'USAND FOUR HUNDRED TWENTY-SEITEN AND 4 4/10 0 (ti 10 5,4 27 . 114)DO iv- 24 In accordance with said judgment plaintiff has deposited 25 in court for said defendants the sum of ONE HUNDRED. FIVE THOUSAND 26 FOUR HUND ZE-D TWENTY-SEVEN AND � 4/100 ($105, 427 . 416) DOLLARS. 27 IT TS HEREBY ORDERED AND ADJUDGED that all right, title, 28 interest , claim, and lien of any kind and description of said 1. JO:k 59PC 62 _ 10 J6 defendants in, to or against the hereir:after described property 2 be and the same is hereby condemned and appropriated for the 3 public use of the plaintiff as specified in said judgment . 4 The real property referred to by_this-decree, and the 5 title to which shall vest in the plaintiff herein is `,di"e par- 6 titularly described as follows , to wit 7 That portion of Section 24, Township 6 South Range 11 West in the Rancho Las Bolsas in the 8 City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in 9 Book 51, page 14 of Miscellaneous Maps, in the office of the County Recorder of said County, 10 described as follows: 11 A strip of land 100. 00 feet in width lying 12 50.00 feet either side, measured at right angles, from the following described centerline: ,3 a Beginning at the northeast corner of said Section 24; thQ.ncc south 890 32' 40" west 145. 06 feet 14 along the north line of said Section 24 to a 15i point on a nontangent curve concave to the north- west having a .radius of 1000. 00 feet a radial 16 dine through said point bears south 59' 23' 40't • east; thence southwesterly along said curve 17 through a central angle of 120 27 ' 19" an arc distance of 217. 39 feet to a point on a tangent 18 line; thence south 430 03' 39" west 80. 64 feet along said line to a point on a nontangent curve 19 concave to the northeast having a radius of 4717.50 feet a radial line through said point 20 bears south 430 03' 39" east, said curve being the northeasterly right-of-way line of the Orange j County Flood Control District DO-1 Channel I (Huntington Beach Channel) 145.00 feet in width, as now laid out; thence continuing south 30 03 ' 22 39" west 145. 00 feet to a point on a tang nt curve 23 concave to the southeast having a radius f 828. 64 feet; thence southwesterly along d 24 curve through a central angle of 90 44' 0 if an arc distance of 140. 77 feet to a point on 25 the northeasterly boundary lire of a reco d of survey recorded in Book 29, page 27, Reco ds of 26 Survey of said Orange County, said point being the True Point of Beginning, said point being 27 distant north 520 00' 13" west 257 . 29 feet along said northeasterly boundary line from �g 2. �, ax 1 1359n 1810 • l � Station "A" as shown on said Record of Survey 29-27 (said northeasterly boundary line being r 2 called south 52 ) 001 1011 east per said Record Survey 29-27); thence continuing along said 3 curve concave to the southeast, having a radius of 828 .64 feet, southwesterly through a central 4 angle of 230 32' 12" an arc distance of 340. 00 feet to a point on a tangent line; thence south t 5 91 471 27" west 51.08 feet along said line `to. a point on a tangent curve concave to the north- 6 west having a radius of 800. 00 `feet; thence southwesterly along said curve through a central 7 angle of 200 581 25" an arc distance of 292.85 $ feet to the terminus of the described centerline, said terminus lies on a nontangent curve concave to the northeast having a radius of 2000. 00 feet a radial line through said point bears north 330 10 20' 40" east, said curve being the northeasterly line of parcel_of land for State Freeway purposes 11 described as parcel 2B in a Final Order of Condemnation recorded in Book 7502, pages 533, 12 Official Records of Orange County, California, the side lines of said 100. 00 foot strip of land 1.3 to be lengthened or shortened as to terminate on the northeast to said northeasterly boundary line Uof Record of Survey 29-27 and on the southwest to said northeast line of said Freeway Parcel. 15 � Containing 1. 57 acres more or less. 16 � IT IS FURTHER ORDERED on the date of recording a certifie 17 copy of this Final Order of Condemnation with the Recorder of 18 Orange County, California, title in fee simple absolute shall vest 19 in the City of Huntington Beach, a municipal corporation, plaintiff 20 above named, free and clear of all claims, right, title, interest o z 21 'liiens in, to, on or against said property which said defendants may 22 have thereto or therein. r 23 24 DATED: DEC 81 1974 25 ^ f 26 fiudg of the SL rior Court 27' a 28 x 3. q S A M E R I C Form No.1084(10/73) Q� 9 California Land Title Association Standard Coverage Policy Form Copyright 1973 s ED 2442POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land,in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company ar�' a � BY PRESIDENT ATTEST SECRETARY w:� �w Form No.1084—A CLTA Standard Coverage Policy Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 365 .25 Amount of Insurance: $ 86,000 .00 Policy No. OR-1083378 Date of Policy: March 19, 1975 at 8:00 A. M. 1. Name of Insured: CITY OF HUNTINGTON BEACH, a municipal corporation . 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, a municipal corporation . 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee . Page 2 Form No.1084—B , CLTA Standard Coverage Policy Copyright—1973 O R-1 0 8 3 3 7 8 SCHEDULE 8 This policy does not insure against loss or damage,nor against costs,attorneys fees or expenses,any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred,to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens,encumbrances,adverse claims,or other matters(a) created,suffered,assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: 1 . General and Special Taxes for the fiscal year 1975-1976 , a lien not yet payable . 2 . Second installment of Taxes for the fiscal year 1974-1975 , Amount $569 . 38; Code Area 04-002 , A. P . No. 114-160-62 .01 . 3 . The Effect of the Maps filed in Book 5 , page 31, Book 29 , page 27 and Book 49, page 19 , of Record of Surveys in the office of the County Recorder of Orange County, California, purporting to show the herein described land. Page 3 Form No. 1056.4 All"Policy Forms SCHEDULE C OR-1083378 The land referred to in this policy is situated in the State of California County of Orange , City of Huntington Beach and is described as-follows: That portion of Section 24 , Township 6 South, Range ll West in the Rancho Las Bolsas, as 'shown on a Map recorded in Book 51 , page 14 of Miscellaneous Maps , in the office of the County Recorder of said County, described asfollows : A Strip of land 100 .00 feet in width lying 50 -00 ' feet either side , measured at right angles , from thefollowing described centerline; Beginning at the Northeast corner of said Section 24; thence South 890 32 ' 40" West 145 .06 feet along the North line of said Section 24 to a point on a nontangent curve concave to the Northwest having a radius of 100000 feet a radial line through said point bears South 590 23 ' 40" East; thence Southwesterly along said curve through a central angle of 120 27 ' 19" an arc distance of 217 .39 feet to a point on a tangent line ; thence South 430 03 ' 39" West 80 .64 feet along said line to a point on a nontangent curve concave to the Northeast having a radius of 4717 .50 feet a radial line through said point bears South 430 03' 39" East, said curve being the Northeasterly right-of-way line of the Orange County Flood Control Distract DO-1 Channel (Huntington Beach Channel) 145 .00 feet in width, as now laid out;' thenee continuing South 43° 03' 39" West 145 .00 feet to a point; on a tangent curve concave to the Southeast having a radius of 828.64 feet; thence Southwesterly along said curve through a central angle of go4.4 ' 00" an arc distance of 140 .77 feet to a point on the Northeasterly boundary line of a record of survey "recorded in Book 29, page 27, Records of Survey of said Orange County, said point being the True Point of Beginning, said point being distant North 520 00 ' 13" West 257 .29 feet along said Northeasterly boundary line from Station "A" as shown on said Record of Survey 29-27 ( said Northeasterly boundary line being called South 520 00 ' 10" East per said Record Survey 29-27) ; thence continuing, along said curve concave to the Southeast, having a radius of , 828.64_ feet, Southwesterly, through a central angle of 230 32 ' 12" an arc distance of 340`.00 feet to a point on a tangent line; thence South 90 471 27" West 51 .08 feet along said line to a point on a tangent curve concave to the North- west having a radius of 800 .00 feet; thence Southwesterly along said curve through a central angle of 200 58 ' 25" an arc ;distance of 292 .85 feet to the terminus of the described centerline, said terminus lies On a nontangent curve concave to the Northeast having a radius of 2000 .00 .feet a radial line through said point bears North 330 20 ' 40" East, said curve being the Northeasterly line of parcel of land for State Freeway purposes described as Parcel 2B in. a Final Order of Condemnation recorded in Book 7502, pages 533, Official Records of Orange County, California, the side lines of said 100 .00 foot strip of land to be lengthened or shortened as to terminate on the Northeast to said Northeasterly boundary line of Record of Survey 29-27 and on the Southwest to said Northeast line of said Freeway Parcel . LJV:ns Page 4 \ ii ' 3115 oo \ P �+241 994•p7� 1 BAMNiN_, / N.d9'J�'3a"E, � ' _\ A79:95•5,89.34.3.¢"W AV6. s R:lOP ti OJ s. r- O2 I\ bti• °r- � v 302 ti \ v A • R w� 6y \ N 2 Syo 0 CO a\ 10 !Oo J.I A ! ,C < �O FCT /C '9ST 'Titles Ccs,nnany This Pvi^ 7-1: P, r Thls l il Evidermw . P S66y J v.• � � � r 6a• \ < \d'3- CONDITIONS AND STIPULATIONS (Continued from inside front cover) the Company for such insured, and all costs, or (b) a mortgage hereafter executed by an insured 11. LIABILITY LIMITED TO THIS POLICY attorneys' fees and expenses in litigation carried which is a charge or lien on the estate or interest on by such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all endorse- of the Company. amount so paid shall be deemed a payment under ments and other instruments,if any,attached here- this policy. The Company shall have the option to to by the Company is the entire policy and con- as When the amount of loss or damage has tract between the insured and the Company. been definitely fixed in accordance with the con- apply to the payment of any such mortgage any ditions of this policy, the loss or damage shall be amount that otherwise would be payable hereunder Any claim of loss or damage, whether or not payable within 30 days thereafter. to the insured owner of the estate or interest cov- based on negligence, and which arises out of the ered by this policy and the amount so paid shall be status of the lien of the insured mortgage or of the 7. LIMITATION OF LIABILITY deemed a payment under this policy to said insured title to the estate or interest covered hereby, or owner. any action asserting such claim,shall be restricted No claim shall arise or be maintainable under The provisions of this paragraph9 shall not to the provisions and conditions and stipulations of this policy(a)if the Company,after having received this policy notice of an alleged defect,lien or encumbrance in- apply to an owner the indebtedness secured by sured against hereunder, by litigation or other- the insured mortgage, unless such insured acquires No amendment of or endorsement to this wise, removes such defect, lien or encumbrance r- title to said estate or interest in satisfaction of said policy can be made except by writing endorsed establishes the title,or the lien of the insured encumbrance orrt- indebtedness or any part thereof. hereon or attached hereto signed by either the President, a Vice President, the Secretary, an gage as insured, within a reasonable time after 10. SUBROGATION UPON PAYMENT OR Assistant Secretary,or validating officer or author- until there has been a final determination by a receipt of such notice;Ib► in the event litigation SETTLEMENT ized signatory of the Company. court of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing all appeals therefrom, adverse to the title or to the settled a claim under this policy, all right of sub- this policy for endorsement of such payment un- lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in which case vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. without prior written consent of the Company. mortgage may release or substitute the personal 12. NOTICES, WHERE SENT liability of any debtor or guarantor, or extend or 8. REDUCTION OF INSURANCE; TERMINA— otherwise modify the terms of payment, or re- All notices required to be given the Company TION OF LIABILITY lease a portion of the estate or interest from the and any statement in writing required to be fur- lien of the insured mortgage, or release any nished the Company shall be addressed to it at its All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana, ment made for costs,attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued shall reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy. provided,however,if the owner of the indebtedness to the title to the estate or interest or the priority secured by the insured mortgage is an insured here- of the lien of the insured mortgage and does not under,then such payments,prior to the acquisition result in any loss of priority of the lien of the in- of title to said estate or interest as provided in sured mortgage. The Company shall be subrogated paragraph 2 (a) of these Conditions and Stipula- to and be entitled to all rights and remedies which tions,shall not reduce pro tanto the amount of the such insured claimant would have had against any insurance afforded hereunder as to any such in- person or property in respect to such claim had this sured, except to the extent that such payments policy not been issued, and the Company is here- reduce the amount of the indebtedness secured by authorized and empowered to sue,compromise by such mortgage. or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- Payment in full by any person or voluntary pany. If requested by the Company, the insured satisfaction or release of the insured mortgage shall shall execute any and all documents to evidence terminate all liability of the Company to an insured the within subrogation. If the payment does not owner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com- mortgage, except as provided in paragraph 2 (a) pany shall be subrogated to such rights and reme- hereof. dies in the proportion which said payment bears to 9. LIABILITY NONCUMULATIVE the amount of said loss,but such subrogation shall be in subordination to an insured mortgage. If loss It is expressly understood that the amount of should resultfrom any act of such insured claimant, insurance underthis policy,as to the insured owner such act shall not void this policy, but the Com- of the estate or interest covered by this policy,shall pany, in that event, shall as to such insured be reduced by any amount the Company may pay claimant be required to pay only that part of any under any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed referred to in Schedule B hereof which is a lien the amount, if any,lost to the Company by reason on the estate or interest covered by this policy, of the impairment of the right of subrogation. DON P. BONFA; City Attorney i JOHN J . O'CONNOR, Deputy City Attorney City of Huntington Beach '"" P. 0. Box 190 3 Huntington Beach, California 92648 SEC 3 1 V 74 4 Telephone: (714) 536-5555 5 Attorneys for Plaintiff Nlo.2«.--- Pe e... S 22 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 11 CITY OF HUNTINGTON BEACH, a municipal corporation ) NO. 1$4 101 12 ) Plaintiff, 13 ) s ) FINAL ORDER OF CONDEMNATION 14 DAISY THORPE `HOOK, also known) 5 as DAISY E. HURLEY THORPE, i lfi et a1, } K ) Defendants. 17 is On December 26, 1974, this Court made and granted a 19 judgment in condemnation adjudging that plaintiff is entitled to 20 condemn, as prayed for In its complaint against defendants, the 21 real property specifically described in Exhibit "AA" of the complain 22 herein; on deposit for said defendants of the sum. of on, HUNDRED 23 FIVE, THOUSAND FOUR HUNDRED TWENTY-SE`TEN AND 44/100 ($105 427 . 4`4)DOLT It`" 24 In accordance with said judgment plaintiff has deposited 25 in court for said defendants the sum of ONE HUNDRED FIVE THOUSAND 26 FOUR HUNDRED TWENTY-SEVEN AND 4 4/100 ($105,427 . 411) DOLLARS. 27 IT 1S HEREBY ORDERED AND ADJUDGED that all right, title, 28 interest, claim, and lien of any kind and description of said 1. j O: 1 defendants in, to or against the hereinafter described property 2 be and the same is hereby condemned and appropriated for the 3 public use of the plaintiff as specified in said judgment . 4 The real property referred to by this decree, and the 5 title to which shall vest in the plaintiff herein is 'w%Jr'e par- 6 ticularly described as follows, to wit: 7 That portion of Section 24, Township 6 South Range 11 West in the Rancho Las Bolsas in the 8 City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps, in the office of the County Recorder of said County, 10 described as follows ,y 21 A strip of land 100. 00 feet in width lying r, `. 50.00 feet either side, measured at right angles, : 12 from the following described centerline: 13 Beginning at the northeast corner of said Section 14 244 thence south 890 32' 40" west 145.06 feet along the north line of said Section 24 to a point on a nontangent curve concave to the north- 15 west having a radius of 1000. 00 feet a radial 16 line through said point bears south' 5`90 23' 40" east; thence southwesterly along said curve through a central angle of 120 27' 19" an are 17 distance of 217. 39 feet to a point on a tangent line; thence south 43° 03' 39" west 80. 64 feet 1$ along said line to a point on a nontangent curve concave to the northeast having a radius of �- 4717.50 feet a radial line through said point 20 bears south 430 03' 39" east, said curve being the northeasterly right-of-way line of the Orange 21 County Flood Control District DO-1 Channel (Huntington Beach Channel) 145.00 feet in width, as now laid out; thence continuing south 430 03' 22 39" west 145. 00 feet to a point on a tangent curve 23 concave to the southeast having a radius of 828. 64 feet; thence southwesterly. along said curve through a central angle ;of 90 44' 0011 24 an arc distance of 140, 77 feet to a point on the northeasterly boundary line of a record of 2 survey recorded in Book 29, page 27, Records of 26 Survey of said Orange County, said point being the True Point of Beginning, said point being r 27 distant north 521 00' 13" west 257 .29 feet along said northeasterly boundary line from 28 2, 1 Station "A" as shown on said Record of Survey 29-27 (said northeasterly boundary line being 2 called south 520 00' 10" east per said Record Survey 29-27) ; thence continuing along said 3 curve concave to the southeast, having a radius of 828.54 feet, southwesterly through a central 4 angle of 230 32' 12" an arc distance of 340.00 feet to a point on a tangent line; thence south 5 9° 47' 27" west 51.08 feet along said line to a 6 point on a tangent curve concave to the north- west having a radius of 800. 00 feet; thence 7 southwesterly along said curve through a central angle of 200 581 25" an are distance of 292.85 8 feet to the terminus of the described centerline, said terminus lies on a nontangent curve concave to the northeast having; a radius of 2000.00 feet a radial line through said point bears north 330 14 20' 40" east, said curve being the northeasterly line of parcel of land for State Freeway purposes 11 described as parcel 2B in a Final Order of Condemnation recorded in Book 7502, pages 533, lZ Official. Records of Orange County, California, the side lines of said 100. 00 foot strip of land 13 to be lengthened or shortened as to terminate on the northeast to said northeasterly boundary line l4. of Record of Survey 29--27 and on the southwest to said northeast line of said Freeway Parcel. 15 Containing 1. 57 acres more or less. 16 ! IT IS FURTHER ORDERED on the date of recording a certif e 17 copy of this Final Order of Condemnation with the Recorder of it 18 Orange County, California, title in fee simple absolute shall vest 19 in the City of Huntington Beach, a municipal corporation, plaintiff 28 above named, free and clear of all claims, right, title, interest o 21 liens in, to, on or against said property which said defendants may 22 have thereto or therein. 23 24 DATED: VEC 31 }5z 25 26 27 txdg of the S rior Court 28 3. I M*kAFM IS A CORRECT COPY Of THE ORIGINAL OH AMU to WILL IAM ff. sf JOIAN Couoty Clerked C1.erk 91 tha $.Ili.Coati of the qt f t CalNomis in end iot fs`! DEPUTY R t t i 1 D01i P. BONFA, City Attorney WILLIS MEVIS , Deputy City Attorney 2 City of Huntincrton Beach Post Office Box 1.90 8 Huntington Beach , California 012(,4P 4 Telephone : (714) 536- 15261 Attorneys for Plaintiff 8 SUPFRIOR COURT Off" THE STATE OF CALTFOPNIA POP T17171.1 COUNTY OF ORANnE 24 �.1 CITY OF HUNTSNOTON BEACH , a ) municipal Corporation , ) CASE NO. 184loi Plaintiff, ) ORDER VS . 14 DAISY THORPE HOOK, also known ) 16 as DAISY E. HURLEY THORPE , et al .`, ) 16 Defendants.17 ) ) 18 Upon the readinv and filing of the declaration of Millis 19 Mevis , dated October 22 , 1971 , and good Cause a.rnearing therefore , to IT IS ORDERED that plaintiff may take possession of the 21 real nrorerty set forth in the complaint for the purposes set fort in the Complaint without further notice . - , 23 Dated25 24 Rem. . ...._ ... �.... Judge of the :duper .or Court 26 27 28 29 $o 81 32 t „ 1 DON P. BOTIFA, City Attorney WILLIS MEVTS, Deputy City Attorney 2 City of Huntington Beach Yost Office Box 190 8 Huntington Beach, California 92611,3 Telephone - (714) 536-5261 Attorneys for Plaintiff 6 7 8 .SUPEIii?'OR COURT Or THE STATE OF CALIFORNIA FOR TUF COUNTY OP ORANGF; 10 11 CITY O" UTvT2P11A'.ti :1n7 BEACH, a municinal cornoration, ) 12 ) Plaintiff, } CAS, ' NO. 184101 j 18 vIS , ) )RDER14 UL} 1MIiiF:Ujr1'1'E POSSESSION DAISY TMORPF 1TOOK, also known as DAISY T`:. VTJ1 11 O ?11VICTOR R. LTLLTAN 17 CAROL T.. POI ME', BURI,F MATHES, ) FAY MATTIES, COUN-1,1Y OF ORANGE 18 a political ;3txb r I: ,r:tsion, DtJD.S .: l through 20 inclusive, anyig ) ALL (;LAIMI G j 20 THE, Pj3 f.0 r.PTvl 1't i j t> 21 22 23 24 WHE EA" , plaintiff has deposited with the clerk of the 25 above entitled court" the sum of t,1.00 .00 pk.krsuant to order of 26 court heretofore entered as securlty for the just compensation 27 for the taking of the prorerty de crlbed in the complaint herein 28 in Exhibit B, and 29 W1HF r3LAS, said complaint was filed to acquire the fee 30 simple title in and to said property; and 31 WHEN EM , it is necessary that immediate possession be 82 taken of said property, ..l_ i 1 NOW, THEREFORE, IT IS HEREBY. ORDERED that the plaintiff 2 is hereby entitled to immediate possession of said property and 3 is authorized to enter upon and take immediate possession of 4 said real property for the purpose described in plaintiff's 5 Complaint herein; namely , construction of a public highway, fi situate in the City of Huntington Beach , County of Orange, State 7 of California. 8 IT IS FURTHER ORDERED that plaintiff shall not be 9 authorized to take possession of said property until the expires 10 ation of at least twenty days from the date hereof and until 11 compliance with the provisions of Section 1243.5(c) of the Cade 12 of Civil Procedure. DATED : _ 14 WIWAM C. SPEIRS15 _. Judge of'the S�x�rseriar C©urt 16 17 18 19 I 20 21 22 23 24 25 26 2? 28 29' 30 31 82 ,_�Y t OFFICE OF 46 tlot � ..w.... CITY ATTORNEY ti fi� P. O. Box 19o HUNTINGTON BEACH rirti CALIFORNIA 92648 DON P. BONFA TELEPHONE CITY ATTORNEY March 3 , 1975 17141 Mr . Arthur Wahlstedt Deputy County Counsel Post Office Box 1379 Santa Ana, California 92701 Re : Daisy Thorpe Hook Condemnation Matter Cancellation of Taxes Dear Mr. Wahlstedt : Pursuant to our telephone conversation today , please accept the enclosed copy of the Judgment in Condemnation which judicially cancels taxes on the subject property. Thank you for your assistance in effectuating a cancellation through the assessor's office . Sincerely, DON P. BONFA City Attorney By 7HN O' CONN R eputy City Attorney JO:k Enclosure cc : Alicia Wentworth, City Clerk i !!! DON P. BONFA, City Attorney JOHN J. O'CONNOR, Deputy City Attorney 2 City of Huntington Beach Post Office Box ;90 1. 3 Huntington Beach California 92648 • 4 Telephone; (714) 536-5555 C Z 1974 5 Attorneys for Plaintiff QE 6 ENTERED IN BOA Q WjLLj►►�A ��1HN.ujunty Ge�k NO�.,r..... Page.,: C7 t3epu IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 11 CITY OF HUNTINGTON BEACH, a municipal corporation, ) NO. 184 to 12 ) f Plaintiff, ) JUDGMENT IN CONDEMNATION f 13 Vs. 14 ) DAISY THORPE HOOK, also known 10 as DAISY E. HURLEY THORPE, ) et a1. Defendants. 3.7 18 This proceeding for condemnation of real property or 19 interest in real property situated in the County of Orange, State 20 of California, and more particularly described in plaintiff's 21 complaint on file herein, came on regularly for trial on 22 December 26, 1974 before the Honorable ,+„� °Ac 23 Judge of the Superior Court , without intervention of jury. 24 John J. OtConnor appeared as attorney for plaintiff. 25 Evidence having been introduced and the cause having been 26 heard and submitted to the Court that : 27 1. This proceeding was regularly commenced on May 17, 98 1971 in the city of Huntington beach, county of Orange, wherein the City Council of the City of Huntington Beach adopted 2 Resolution No. 3328 to condemn said parcel for public use 3 authorized by law, to wit, for public highway purposes . 4 2. This condemnation action was filed on June 16, 1971 5 and an Order authorizing possession of said property by plaintiff t 6 was entered on NoN>ember 4, 1971, 3• The owner of record of the property described in 8 plaintiff's complaint is Daisy Thorpe Hook, also known as Daisy E. 9 Hurley Thorpe•, and that the default of the defendant has been 14 duly entered. 11 4, The date of valuation of the property for purposes of 12 this action Is December 26 1974• 13 The gust compensation to be paid for the acquisition of 14 said parcel is the sum of $86,350 together with interest at the 16 rave of 7 percent per annum on said sum from November 4, 1971 to 16` the date of payment of said sum into court . 17 IT I3 ORDEREDY ADJUDGED AND DECREED that upon payment 16 of said sum into court for the benefit of defendants named herein, 19 said parcel shall be condemned to g plaintiff against defendants p 20 for public highway purposes in fee simple absolute. 21 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 22 possession having been taken by plaintiff on November 439 1971, 23 all taxes, penalties and costs which are a lien on said parcel 24 and which are apportioned to that portion of the fiscal year after 25 . t said date are hereby cancelled, pursuant to Section 4986 of the E 26 Revenue and Taxation Code. t 2T i 28 2. 3• IT ZS FURTHER ORDERED that defendant recover no costs in 2 this suit. 3' DATED: DEC 26 1974 7 9 ge of the Su rior Court IQ jytS NIMVMINT IS A CORRECT COPY OF THE ORIGINAL ON 11 A �F2�lN�HIS�OF 5 SA 12 MIST, WILLIAM E. ST JOHN _.... Covaty Clerk,,"d CLrY of 1h. Svpsna Cover of rhs Slats Kalif—io in Md for 13 orrusr 01 CJ 1617 w ++� '�`�►' `�GIFOlit� r : 22 - "� , �< ,+ �a.'r t � :r }•urn,�� � `. iw to iv S y' 10 ���ry ����_ rt �'.A�'q���W k�.�t"•y �# h d. x a;b '` r •£Y�,'���.��+ d Yv�lsa{`y� t' M t 4� ci F�z fw. 4Sc.�a�"'.� t �a *R 4aa"� s5;t,,,r �'4 a��*..a : � .°,:. #,.•`: .5afi��' OFFICE OF -W CITY ATTORNEY y P. 0.BOX 190 » _ HUNTINGTON BEACH CALIFORNIA 92648 DON P. BONFA TELEPHONE CITY ATTORNEY (714) February. 13, 1975 First American Title Insurance Company 421 North Main Street Santa Ana, California 92701 Attention Mr. Vaura Re : Daisy Thorpe Hook Condemnation Your No. OR-1083378-A Gentlemen Our City Attorney, Don P. Bonfa,' has directed me to procure title insurance on the above-referenced property.. First American Title Insurance Company has furnished us a litigation guarantee, dated March 31, 1971, and a previous Litigation guarantee, dated May 22, 1970 . The fees for these litigation guarantees were $40 and $150, respectively . The title insurance policy should reflect the conditions in the litigation guarantee of March 31, 1971 without Exception 5, which has already been satisfied, and Exception 4 , since the property is being vested in the City. Please advise in writing the cost to the City of procuring said title insurance and the documents which will be required. Very truly yours, DON P. BONFA City Attorney AHN 01CONNOR _'Deputy City Attorney JO:k ' OFFICE OF CITY ATTORNEY a, Li P. O. Sox *so HUNTINGTON BEACH CALIFORNIA 42148 tr DON P. BONFA M.EPHONE CITY ATTORNEY (71:4) December 18, 1974 Mr. Arthur Wahlstedt Deputy County Counsel P. 0. Box 1379 Santa: Ana, California Subject : Condemnation Matter - Daisy Thorpe Hook, Case No. 184101 Dear Mr. Wahlstedt : In furtherance of our telephone conversation relative to taxes on the property condemned by the above action, enclosed herewith Is a copy of the complaint and a copy of the order of possession. The effective date of the order of possession is November 41 197.2 / Thank you for your assistance in resolving the tax situation on the subject property. Very truly yours , DON P. BONFA City Attorney By Fy` 4 JO N J. 0 CONNOR /'Deputy Ci y Attorney JJO'C:cs Attachments V December p=fir. Arthur 'J IM—stedt De Duty County Counsel. Prat Office Box ! W Santa. Ana., C"illll'orniq Subject , Condemnation "latter Daisy Thorne Hoak Ca,se 11o. 1.�'4in1. Dear Mr. Wahl.steelt , Enclosed Is !-xh i bits ,,A to the come lint we forwarderd to your office on Dee..ember 19 , 1.1)74 in the above matter. I am sorry for anv tnoonvenl.ence this ov r. at ht ha.%r hove: c ali: erl you. Very truly yours , Attorney By JOHINT J . ')'Co ITITn T'Peputy CI.ty Attornevt 7