HomeMy WebLinkAbout1977-02-28 - Condemnation AGUILERA, JESUS ET AL WHEN RECORDED MIUL m: 8K 12496P6 739
J� CITY`OF HUNTINGTO CH ' n
2000 MAIN STREET P.O. BOX 190 Lovr).('y �/"
' HUNTINGTON BEACH, CALIF. 92648 It;y Cit, 1 Att�or'ri(,y
1,C11 [EXEMPT F f L F d
32648 C10
F E B 2 8 1977
ALICIA M. WENTWORTH
CITY CLERK(714) 536-5226 WILLIAM E. Si JOHN, County Clerli
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ty _LLT hE Deputy
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8 ` SUPERIOR COURT OF THE STATE OF CALldFONIA
x xempt-Government Agency
g FOR THE COUNTY OF ORANGE' City of Huntington Beach
Alicia M. Wentworth
City Clerk
11 CITY OF HUNTINGTON BEACH, a ) Deputy
p y City Clerk
municipal corporation, ) NO. 232950
12' )
Plaintiff., )
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VS . )
1.4 ) FINAL ORDER OEM CONDIIMNATION
JESUS AGUILERA ; FARMERS AND )
15 ! IERCHANIS TRUST COMPANY OF LONG )
RECORDED IN OFFICIAL RECORDS
3.6 � BEACH , a California norporation ; ) OF ORANGE COUNTY, CALIFORNIA
�I�DWAHD II . HARBAUGII ; AND DOL;S C
17 j THROUGH X, INCLUSIVE ) 5 Min- . 1 P.M.DEC IC 1977
) Past
Defendants . ) 1 UWYUE CARLYLE,County Recorder
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19 �, It appearing to the Court , and the Court now finds , that
20 heretofore, to wit, on January 31 , 1.977 , this Court made and gave
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21 i_iis judgment in the above-entitled proceeding, which :>qid udgment-
22 jwas duly entered on the 31st day of January , 1977 ;
?3 And it further appearing to the Court , and the Court now
24 �' i_nds , t;ha.t; f�ur:_,u�_).rlt Lo In.w tan(I to t:h(:' :, I�Ed ,jildgment: t:he plabiti.ff
25 i("T_'I'Y 010 IIUNTING'.t'ON REACH d_i.(J , on i.he 1 7Lh dz)t y of Pc;b.t.,t.tavy , _19'T'7 ,
26 and within thirty days after final judgment in said proceeding,
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27 imai_-1 to the defendant JESUS AGUILERA the sum of money assessed in
OC : cs 28 said proceeding as the value or the proporty I;(-) be 1, 11ter) and con-
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aK ! 2496PG 740
dernned and. al_i_ 4111pr10vf,. lleIIt,; f_.IicveoII I 'al Ili nfr to LI)e t,(!aIty .
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2 I`I' IS HERL,BY OI3UEI ',ll, ADJUUC�I�;D, Alfl) DECELED that the
,3 parcel of land hereinafter described is hereby taken and condemned
4 for the use and purpo-,e described and -et forth in plaintiff 's
5 complaint, to wit : a public street .
6 IT IS FURTHER ADJUDGED that said use is a public use and
7 a use authorized by law.
8 IT IS FURTHER ORDERED that a copy of this order and
9 judgment be filed in the office of the Recorder of Orange County,
101�State of California, and thereupon the interest in Lhe property
11 Hereinafter described , shall vest :in the plaintiff.
12 The following is a description of the said property so
13 ordered to be taken and condemned as hereinabove provided, to wit :
1e4 That portion of Section 26 , Township 5 South,
Range 11 West , in the Rancho La Bolsa Chica
15 and the Rancho Las Bol_ ias , city of Huntinr'ton
Beach , County of O:r',Inf,e , 1i-at,c of
16 as shown on a map recorded in Book 51, page 13
17 I of Miscellaneous Maps in the office of the County
Recorder of said County, described as follows :
18 The east 20 . 00 feet of the west ))0 . 00 feet of
the north 75 . 00 feet of the south 180 . 00 feet
19 i of the southeast quarter of the southeast
quarter of the northwest
20 quarter of -,aid Section
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21 Plaintiff ' s interest in said property is tlat the plain
22 tiffs right to possession of said property has existed as of
23 "August ?9 , 1975 -
24 j DnTED: FEB 28 -- lyrj
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26 Tut ge o3`�fhe7uperi� Court
27 j gas IMSTRUMWT,. IS A CO RRECT po y of Tf1E DRIGINAll 011
FILE
28 ' �•��oa ATTEST EC 141977
1%1 it� WILLIAM E. ST JUHN
CoontY Clerk and Clerk of the
I,.t UW,or Court of"State of California-.in and fw
�� rrf GelNr21C of Wgnoe
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B!� ?2496P6 i 4
1 ON P . BONFA, City Attorney
2 } OHN J . O 'CONNOR, Deputy City Attorney
ity of Huntington Beach
P . 0. Box 190
3 Huntington Beach, California 92648 '
4 Telephone: (714 ) 536-5555 JAN .3 1977
5 WILL1AM t.
Attorneys for Plaintiff ByJr1t� , �ounryClerk
6 Deputy
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
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11 CITY OF HUNTINGTON BEACH, a )
12 municipal corporation, ) NO. '232950
13 Plaintiff, )
14 VS . )
JUDGMENT
15 JESUS AGUILERA; FARMERS AND ) IN
MERCHANTS TRUST COMPANY OF LONG )
16 BEACH, a California corporation; ) CONDEMNATION
EDWARD H. HARBAUGH; AND DOES I )
17 THROUGH X, INCLUSIVE, )
18 Defendants . )
19 This matter came regularly to trial on January 14 , 1977 in
20 Department 10 of the above entitled court . John J . O 'Connor
21 ) ppeared as attorney for plaintiff, arid. Jim Bentson appeared as
22 attorney for defendants . A jury trial having been waived, the court
23 laving heard the testimony and considered the evidence and the
24arguments;
25 IT IS HEREBY ORDERED AND ADJUDGED that the real property
26 Jescribed in plaintiff' s complaint is valued at the sum of One
27 Hundred Dollars ($1.00) and the improvements thereon are valued at
JOC : cs 28 he sum of Two Hundred Fifty-eight Dollars ($258) , totaling Three
. 1 .
ry BX 1 496PE 742
1 Jundred Fifty-eight Dollars which is the amount of just compensation
2 a,ssessed by the verdict herein, together with an interest rate of
3 seven (7 ) percent per annum .in the amount of Three Hundred Fifty-
eight Dollars ($358 ) commencing September 9 , 1975 to the date of
5 payment of said total sum to defendants .
6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon the
7 payment of said total sum for the benefit of defendant JESUS
$ 4GUILERA, the real property described in the complaint shall be
9 ondemned to plaintiff against defendants ror a public street in
3.0 ree simple absolute, and that all interest of said defendants in
11 and to said parcel be terminated .
12' IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
13 Dayment in due course of said. total sum of money as hereinabove
34 3pecified shall be full payment for the property described in
15 3omplaint on file herein, and for all damages of every kind and
16 iature accruing by reason of the acquisition of said parcel, and
17 ,onstruction of the improvements in the manner proposed by plaintiff.
18 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use
19 for which said parcel is sought to be condemned is a public use
20 authorized by law, and that the taking of said parcel is necessary
21 ror such public use and purposes .
22 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants
23 FARMERS AND MERCHANTS TP,UST COMPANY OF LONG BEACH, a California
24 corporation, and EDWARD H. HARBAUGH are not entitled to any compen
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25 ration herein.
26 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that possession
27 iaving been taken by plaintiff on September 9, 1975 , all taxes ,
28 penalties and costs that are a lien on said parcel and that are
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61( 12496P6 73
1, apportioned to that portion of the fiscal. ,year after said date ,
2 are hereby canceled pursuant to Revenue and Taxation Code Section
3 4986 .
4 DATED : JAN .11 1977 1977 .
5
6 WILLIAM C. SPEIRS
Judge of the Superior Court
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" BX 12496PG 744
1 DECLARATION OF SERVICE BY MAIL
2 STATE OF CALIFORNIA )
) ss .
3 COUNTY OF ORANGE )
4 Cheryl Salas deposes and says :
5 That she is and was at all times herein mentioned a citizen
6 of the United States and a resident of the County of Orange; over
7 the age of eighteen years and not a party to nor interested in the
8 within proceedings . That her business address is Post Office Box
91 190, Huntington Beach, California 92648 .
10 That on the 26th day of January 197 7 she
11 served the within Judgment in Condemnation
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14 on the Defendants in said action by placing a true !
15 copy thereof enclosed in a sealed envelope with postage thereon I!I
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16 fully prepaid in the United States mail at Huntington Beach,
� 17 California, addressed as follows :
18 Jim Bentson
711 Electric Avenue 19
Seal Beach, CA 90740
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22 I declare under penalty of perjury that the foregolnk is
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23 � true and correct .
24 Executed at Huntington Beach, California this 26th day
25 of January 1977
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B 124 Pt 745
INIS INSTRUMENT IS A CORRECT CO"OF THE ORIGINAL OtA
FILE IN TKIS OFFICE
0011 b •��, ''•., +ft$$it DEC 141977 ,v
WILLIAM E. ST J HN
County Clerk and Clerk of the
ISOriot CouH of the Stale of California in and lot
•ti�� th4 Co9n of Orange
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B 1 2496PG 76
J City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated February 28, 1977 from Jesus Aguilera; et al
to the City of Huntington Beach a municipal corporation, is hereby
accepted by the undersigned officer or agent on behalf of the City
Council of the CITY OF HUNTINGTON BEACH, pursuant to the authority
conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer.
Dated : December 7, 1977 CITY OF HUNTINGTON BEACH
licia M. Wentworth
My Clerk
By: ___ o