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HomeMy WebLinkAbout1980-04-04 - Quitclaim BINNING, HENRY, ET AL 13798 4K 13663Po 1954 ECOROw� K�:QUESTED EXEMPT BY AND MAIL TO C 2 fir' 1 GAIL HUTTON, City Attorneyf CHARLES W. MATHEIS , JR. , Deputy City Attorney f 2 City of Huntington Beach Post Office Box 190 3 2000 Main Street Huntington Beach, California 92648 4 (714) 536-555504277 5 Attorneys for Plaintiffs APR 4 1980 RSC IVE LEE A. BRANCH, County Clerk CITY CRNEY Deputy Ndj 05 1980 Ph9 TSX-Exempt-Government Agency SUPERIOR COURT OF CALIFORNIA CI of City Huntington gt n Beach AM 4 5 fj Alicia M. Wentworth r�1�1911` �1 1111�I 1 f COUNTY OF ORANGE City Clerk 10 By: T ®epu CI Clerk CITY Y OF HUNTINGTON BEACH, ) a municipal corporation, ) No . 28 68 57 12 Plaintiffs, ) JUDGMENT IN CONDEMNATION 13 V S ) RECORDED IN OFFICIAL RECORDS 4 ) OF OFaAtIGE COUt�tTY, CALIFORNIA HENRY PINNING, etc . , et al. , ) 15 ) 15 Min. 11 A.M. JUL �141880 Defendants . ) 16 ) LEE A.BRANCH,County Recorder 17 It appearing to the court that the above—named plain 18 tiff, CITY OF HUNTINGTON BEACH, and defendants MAUDE A. BRIDGES, 19 EDITH G . O 'DONNELL, STEWART S. TAYLOR, and STELLA B. TAYLOR, 20 have stipulated that Judgment in Condemnation may be entered 21 herein with respect to the real property or interest in real 22 property situated in the County of Orange, State of California, 23 more particularly described in plaintiffs ' complaint on file 24 herein as Lots 32-41, inclusive ; and 25 It further appearing to the court that all parties 26 have waived Findings of Fact , Conclusions of Law, Notice of 27 Entry of Judgment , Notice of Entry of Final Order of Condemna 28 tion and costs ; and 1 . qKq. 1 3 P O 6 �a 3 1955 1 It further appearing to the court that defendant , 2 JAMES K. O 'DONNELL, has filed his disclaimer of any interest in 3 said real property and to the compensation awarded herein. 4 GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED, 5 ADJUDGED AND DECREED AS FOLLOWS : 6 1 . The total amount to be paid herein for the acqui- 7 sition of Lots 32 to 41, inclusive, as described in plaintiff ' s 8 complaint on file herein is the sum of one hundred twenty thou 9 sand dollars ($120.000) , which is the just compensation as 10 determined by plaintiff' s appraiser and accepted by defendants . 11 2. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 121 said uses and purposes for which said real property and interest 13 � therein are sought to be condemned are public uses authorized by i 14 law, and the taking thereof in the estate described is necessary 15i therefor, and such taking shall be a fee simple estate, except- 16 � ing therefrom the right to all subsurface minerals , oil or 17 ( natural gas but without right of surface entry to remove same . 18I 3 . IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 19 within thirty (30 ) days from the date of entry of this judg 2v ment, plaintiff shall deliver to defendants ' attorney or record, 21 PHILIP F. LANZAFAME, payment for the above-described property 22 in the full amount of $120,000, which payment shall be the full 23 compensation for the taking of said property, including any 24 damages which might accrue to any portion not sought to be taken 25 if by plaintiff. 26i 4 . IT IS FURTHER ORDERED, ADJUDGED AND DECREED that I 27 payment of said sums shall terminate, cancel and extinguish as 28 to the aforesaid real property all liens , leaseholds and encum- 2 { �I ' 4iK 1 3663PG 1956 1 brances of whatsoever kind and nature held by the defendants on I 2 the hereinabove described real property . 3 5 . IT IS FURTHER ORDERED, ADJUDGED AND DECREED that y 4 the actual date of possession by plaintiffs is April 1, 1980 . S All taxes, penalties and costs which are apportioned to the 6 parcel acquired by plaintiff which accrue after the actual date 7 I of possession herein specified are hereby cancelled pursuant to 8 §4986 of the Revenue and Taxation Code of the State of Cali- 9 fornia. 10 11 Dated: APR D 4 198 12 13 4, 14 15 t / 4tvvo�z JU GE OF THE S ER OR COURT 16 17 I THIS INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL r ON FILE IN THIS OFFICE ` ». � 18 ATTEST: _ .; LEE A. BRANUH 19 county Clerk and Clerk of the ps h+ SupE 'ar Cc of th State of Califor is 20 i in and for th ou ty of Oran •"•••° YP` BY EPUTY 21 22 23 24 25 25 27 +' 28 3 . I BK 13663p8 1957 . �JG�t o f Huntington Bea ch � P.O. BOX 190 CALIFORNIA 92648 * DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated April 4, 1980 from Henry Binning, 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 NA. 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 : JWN/ 9, 1980 CITY OF HUNTINGTON BEACH f ALICIA M. WENTWORTH r' City Clerk