HomeMy WebLinkAbout1977-07-26 - Condemnation T A WELLS, ET AL ' Tax-Exempt-Government Agency
36839 40City of Huntington Beach
Alicia M. Wentworth m
EXEMPT city clerk
y DON P. RONFA , City Attorney C9 BYs - . .
JOHN O 'CONNOR, Dnpijty (; 1 1;y At,t,(o,iiey � Clerk
2 City of Hunting Beach
P . O . Box 190 9
3 Huntington Beach, CA 92648 01
4 Telephone: 536 5555
3012 W.E.ST 10HN, County Clerk
5 Attorneys for Plaintiff Deputy
By
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA �L _i
9 FOR THE COUNTY OF ORANGE
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11 CITY OF HUNTINGTON BEACH , a. )
municipal corporation , ) NO . MSW
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Plaintiff, )
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v: . )
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A . W9si_,L,S ; E'1`HEI, G . 1-,l BHY ; }
15 HENRY F. l_,IB13Y; RUBIN DOBKIN ; ) FI-NAI, OR01?R OF CO NOKMNATION
IRENE DOI))KIN ; IIIOHTUNA'.PINA )
16 STROMBERG; HAIG ZEROUNIAN; and ) RECORDED IN OFFICIAL RECORDS
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PACIFIC TELEPHONE AND TELEGRAPH) OF ORANGE COUNTY,CALIFORNIA
17 COMPANY, a corporation ; and )
DOES I-X, inclusive , ) 9:05 A.M. AUG 22 1977
18 1 )
Defendants . ) J.WYLIE CARLYLE,County Recorder
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2Q It appearing to the Court that thi-s Court made and gave
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21 this judgment in the above entitled proceedings , and said judgment 0
22 was duly entered on the 26th day of July , 1977 ;
23 And it further appearing to the Court that , pursuant to
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24 law and said judgment , the Plaintiff CI`1'Y OP I-ILWPING`I'ON BEACH did
25 !deposit with the County Clerk and ex-off'i.c-1 o Clerk of the Superior
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26 'Court , the amount of compensation plus legal interest as determined
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27 �in said proceedings as the value of the pi,opert,y taken and condemned .
'OC : cs 28 And the Court hav�i_np, 1ooued arl ni'der pur:'urrnt; to l_<)w .anti
RECORDING REQUESTED BY:
CITY OF HUNTINGT'ON BEACH
And When Recorded Mail This Deed and, Unless Otherwise
Shown Below, Mail Tax Statements to:
CITY OF HUNTINGTON BEACH
{ 2000 Main Street
Huntington Beach, CA 92648
'" ATTN: City Clerk
a �X f 2347P6 540
a
1Isaid judgment provided that thi sum of money accruing to Defendant:;
2 in said proceeding as to the value of the property be transferred
3 from the deposit of the Order of Immediate Possession to deposit for
4 compensation; under the final judgment entered herein, said amount of
5 compensation determined in said proceedings an the value of the
6 property taken and condemned .
7 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the parcel
8 of land hereinafter described is hereby taken and condemned for the
9 use and purpose described and set forth in -Plaintiff' s complaint , to
10 wit : a public street .
11 IT IS FURTHER ORDERED AND ADJUDGED that said use 15 a public
12 use and a use authorized bylaw.
13 IT IS FURTHER ORDERED that a copy of the Order and Judgment
14 Ibe filed in the Office of the County Recorder of Oranre County , State
15 of California, and thereupon they 1 nLevesk In they i►poi ept",y hea �.� i n;ll'1,►�1
16 described shall vest in the Plaintiff . The following description
17 of said properties so ordered to be condemned is herein provided, to
18 wit .
19 That portion of Section 36 , Township 5 South ,
` Range 11 West , in the Rancho Leas Bolsas , City
20 of Huntington Beach , County of Orange , State
of California, as shown on a map recorded in
21 Book 51, page 13 of Miscellaneous Maps , in the
22 office of the County Recorder of said county .
The west; 15 . 00 feet of the south 10 . 00 feet of
23 the southwest one-quarter of the southeast one-
quarter of the northwest one-quarter of said
24 I Section 36 .
23 Excepting Kerefrom that; portion prev tously
dedicated for street purposes.
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27 The Plaintiff's interest in said property is fee simple
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• BK t 2347PG 64
1 absolute and Plaintiff' .; rif;ht, to p(*);^sc�?,-:,_01I of ;a cl propert;y Ira::
2 existed as of January 19, 1976 .
3 DATED : JUL 2 6 1977 1977 •
4 W. C iARAMZA
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JUDGE OF THE SClPEf3TOR COURT
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20 sotFtr u fi I, F of Onto
21 i 8E ay MR THE TM t"gT R IS To
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PROVF�OAi� Of THE GOVERNMENT SS UNDERBE Of
22 T" &TATE or F.Ai_t(=rj4,,%n.
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M4 lN;IWAM IS A CORRECT COPY OF THE ORIGINAL Ob
24 I o fILE IN THIS OFFICA
'"="• AU G 1 o 1g77 f
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WILLIAM E. ST JOHN
County Clerk and Clark of the
26 $tparfot Court,of the State of California in and Is
the C unty oI Oranyte
27 � DEM
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BJ( 12347P6 642
1 ( DON P. I ONFA , City Attorney
JOHN 0 ' CONNOR, Deputy C i t'y A tl,(wiwy
2 City of Hunting f,on Beach
P x 0 190 0 . B
3 Huntington Beach, CA 92648
if,
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4 Telephone : (714) 536-5555
W. E. ST JOHN, County Clerk
5 Attorneys for Plaintiff f�✓ !6!► De Pei
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
g FOR THE COUNTY OF ORANGE
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11 CITY OF HUNTINGTON BEACH, a )
municipal corporation, ) NO . 239565
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Plaintiff, )
13 )
VS . )
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T. A . WELLS ; Ii;THEL G . L,I 1311Y ; )
15 HENRY F. LIBBY; RUBIN DOBKIN; )
16 � IRENE DOBKIN ; FORTUNATINA )
STROMBERG ; HAIGZEROUNIAN ; and) JUDGMENT BY DEFAULT IN
PACIFIC TELEPHONE AND TELEGRAPH) CONDEMNATION
17 COMPANY, a corporation; and ) .
DOES I-X, inclusive, )
18 )
1)oFendLint;s . )
20 In this action, Defendant T. A. WELLS , deceased , all
21 persons claiming by and througl: T . A . WELLS , ETHEL G . LIBBY, HENRY F.
22 i LIBBY , RUBIN DOBKIN , IRENE DOBKIN, FOlilt'UNATINA STBOMBEliG. IIAIG
23 iZEROUNIAN, PACIFIC TELEPHONE AND TELEGRAPH COMPANY, LYNDON A . WELLS ,
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24 sued herein as DOE I , BERRY STICE, sued herein as DOE II , GORDON
25 ! STICE, sued herein as DOE III , INA MAE LUICE , sued herein as DOE IV ,
26 RICHARD E. PERRY, sued herein as DOE V , ROBERT E . PERRY , sued herein
27 as DOE VI, LAVAUGHN E. LESLIE, sued herein as DOE VII , and L,EWIS E.
-IOC : cs 28 ' WELLS , shed herein a:, DOE VIII , hav _nfr here r��frul a.r] y :>erved with
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B!C 12347P6 643
. I Summons and a copy of the complaint , and having; failed to appear and
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2 answer Plaintiff ' s complaint or take any other proceedings within the
3 time provided by law, and the default of said Defendants having been
4 duly entered upon application to the Court, and after hearing
5 the testimony and considering; the evidence , the Court orders the
6 following judgment :
7 IT IS HEREBY ORDERED AND ADJUDGED that the real property
8 described in Plaintiff' s complaint is valued at the sum of One
9 Hundred Dollars ($100) , which is the amount; of just compensation
10 assessed by the verdict herein, together with an interest rate of
11 seven (7 ) percent per annum commencing January 19 , 1976 , to the date
12 of deposit with the Clerk of the Court; for they benefit; of Defendants .
13 I`I' IS FURTIiER ORDERED , ADJUDGED AND DECREED that upon
14 deposit of said sum for the benefit of the Defendants desinnaked
15 herein, the real property described in the c:ompla._int, shall be con-
16 demned to Plaintiff against Defendants for a public street in fee
17 simple absolute, and that all interest of said Defendants in and to
18 said parcel be terminated .
19 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the pay
20 Went of the total sum of money specified hereina.bove shall be full
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21 ; payment for the property described in the complaint on file herein,
22 hand for all damage of every kind and nature accruing by reason of
23 lacquisition of said parcel, and construction of the improvements
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24 lin the manner provided by Plaintiff.
25 l; IT IS FURTHER ORDERED that the use of which said parcel is
26 sought to be condemned is a public use authorized by law, and that
27 the taking of said parcel is necessavy for scald public use and pur-
28 pose .
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12347P6 644
1 IT IS FURTHER ORDERI, i) that Defendant PACIFIC
TELEPHONE
2 TELEGRAPH COMPANY is riot enti t,l ed to <111v eompen;"at ton herd n .
3 IT IS I+'URTHER ORDERED, ADJUDGED ANI) DECREED that. the
4 remaining; Defendants herein are collecti.vel,y entitled to the enmpen-
5 cation specified herein, provided further , that the precise amount
6 due each of said Defendants will be determined at such time as
7 Defendants present an appropriate petition for allocation and dis-
8 Itribution of said compensation.
9 IT IS FURTHER ORDERED, AD,1tIDGED AND DI;CREFD that
10 having been taken by Plaintiff on January 19 , 1976 , all taxes ,
11 penalties and costs that are a lien on property condemned are
12 apportioned to that portion of the f i s>r.�.1 year ,� ft;er 'n"a l j d"ito , t11'e.
13 , hereby cancelled pursuant to Revenue and Taxation Code Section 4986 .
14 DATED : July 26 , AVY .
R` 15
k, 16 W. _CHAR_AMZA
JUDGE OF THE SUPERIOR COURT
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WU Mnft t>r t1 Cfth M bf CHA M
19 SOLELY UPON THE CONDiTM THAT 1T 18 TO
BE UKD MR OFFtCfA1. BUSINESS UNDER THE
PROYP,9 M OF THE OOVERNMENT CODE OF
20 I Tki STATE OF MILIMRidlk
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! 24 ��ry DO 90 R-P AENE IS A CORRECT COPY OF THE OR ly ORIGINAL P
(yys�i E,I1.9 IN THIS OFFICE
25 _ WILLIAM E. ST JOHN
t� County Clerk and Clerk of the
26 jqRq11 Court of the State of California in and lot
�+ the Countyof Orange
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BK 12347PS 645
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4 ®® 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 7/26/77 from T. A. wells, et a1
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 : August 17, 1977 CITY OF HUNTINGTON BEACH
•J ALICIA M. WENTWOgTH
My Clerk
By:
a
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CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To City Clerk From John O'Connor
Deputy City Attorney
Subject Penrod and T. A. Wells Date August 12, 1977
Condemnation Matters
PENROD
We are attached a deed executed by the Penrods for your to
transmit to the County Recorder. We are dismissing the
eminent domain action and forwarding a check for $250 to
the Penrods and their attorney by separate letter.
T. A WELLS
Also attached are certified copies of the Final Order o '
Condemnation and Judgment by Default in Condemnation in
T . A. Wells (Ellis Avenue) condemnation matter for you J.(
transmit to the County Recorder.
Thank ,you for your attention to these matter.
JOHN 01' NNOR
Deputy ,. lty Attorney
JOC :cs
Attachments
OFFICE OF
I"s'°"aF CITY ATTORNEY
P.O.BOX 190
2000 MAIN STREET
sf�QU1111 t�`�� HUNTINGTON BEACH
CALIFORNIA 92648
DON P. BONFA TELEPHONE
CITY ATTORNEY (714)536-5261
July 29, 1977
Office of the Orange County
Tax Collector
630 North Broadway, No . 110
Santa Ana, CA 92701
Re : City V. T. A . Wells , OCSC Case No . 239565
Dear Sirs :
filing and
We are herewith enclosing for your /information
the Final Order of Condemnation and Judgment by
Default in Condemnation in the above referenced
matter as signed by Judge Walter Charamza and
filed on July 26, 1977 .
The property as described in the Final Order of
Condemnation is now vested in the City of
Huntington Beach.
Thank you for your attention to this matter.
Very truly yours,
DON P. BONFA
City At orne
z:
J iN O'CONNOR
eputy City Attorney
JOC : cs
Enclosures