HomeMy WebLinkAbout1983-05-02 - Condemnation BINNING, HENRY ET AL Recording requested by: ,�Ci ty of liunti ngton Beach, CA 8 4-3 2 7 31
*Aftrw rtcardi gamma 1 to OSMain
e of the City Clerk
2000 Street l �'
Huntington Beach, CA 92648
1. PHILIP F. LANZAFAME EXEMPT #'
311 South Spring Street C z q,• ;
2 Suite 1155
Los Angeles, California 90013
3 Telephone: (213) 625-2767
Attorney 1993
4 tto ney for Defendants
' L. P. BISHOP and VICTORIA B. BISHOP �N '
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6 4
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8 ` *' SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
10. •
11 CITY OF HUNTINGTON BEACH, a ) CASE NO» 2+86857
Municipal Corporation, ) •�
12 ) JUDGME11T..IW CONDEMNATION
Plaintiff, )
13 ) (Lots 73;0*74 , 90-99)
VS. )
14 )
HENRY BINNING, et al. , )
15 )
Defendants. )
16 )
17 Pursuant to a written stipulation heretofore filed in the
18 above-entitled proceeding by and between the plaintiff, CITY OF
19 HUNTINGTON BEACH, a Municipal Corporation, by and through its
20 attorneys GAIL HUTTON, City Attorney, WILLIAM S. AMSBARY, Assistant
21 City Attorney and ARTHUR J. FOLGER, Deputy City Attorney, and
22 defendants L. P. BISHOP and VICTORIA B. BISHOP, by and through
� ( 23 their attorney, PHILIP F. LANZAFAME, and defendant JESSIE BINNING
v` 24 DITTON WHITTEN, administrator of the estate of defendant, HENRY
25 BINNING, deceased, by and through her attorneys , ERIC F. FAGAN and
26 ANN. L. MELFI that a Judgment In Condemnation may be entered
27 herein in accordance with the terms and conditions hereof; and
28 IT APPEARING TO THE COURT that defendants ARCHIE A. KYLE and
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1 " FLORENCE KYLE have filed their disclaimer herein and defendant
2 MSB PROPERTIES, INC. has been dismissed herein.
3 IT IS HEREBY FOUND AND DETERMINED:
4 1. That the use for which the real property is being
5 acquired is a public use authorized by law, that the public
6 improvement for which said real property is being acquired has
7 been planned and located in a manner which will be most compatible
8 with the greatest public good and the least private injury and
9 that the property sought to be acquired is necessary for the
10 public use.
11 2 . That by execution of the Stipulation herein each of the
.
12 defendants has waived the right to trial, •st'atement of decision,
13 notice of entry of judgment in condemnatiortl•o'ight and time for
14 appeal and notice of entry of the final order of condemnation
15 as to said real property.
16 3. That on December 11, 1980 plaintiffs deposited the sum of
17 Seventy Five Thousand and No/100 Dollars ($75,000. 00) applicable
18 to lots 73, 74 , 90-99 , with the clerk of the court pursuant to
19 CCP §1255. 010; on December 11, 1980 , an order for prejudgment
20 possession was issued by the above entitled court, and pursuant
21 thereto, plaintiffs took immediate possession of said real
22 property on, and said order of immediate possession became
23 effective for all purposes as of, January 8, 1981.
24 4. That the total compensation, award and damages to be paid
25 herein to all defendants , including the fair market value of lots
26 73 , 74, 90-99 , and all interest which has accrued or will accrue
27 under the order for prejudgment possession, is the sum of One
28 Hundred Five Thousand and No/100 Dollars ($105, 000.00) .
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84-3-273,40
1, 5. That on February 6 , 1981 the above entitled court made
2 its order authorizing the withdrawal of the sum of Seventy Five
3 Thousand and No/100 Dollars ($75, 000. 00) and that said sum was
4 withdrawn by defendants L. P. BISHOP and VICTORIA B. BISHOP,
5 which sum is to be credited to the obligation of plaintiff for
6 payment of the total compensation, award and damages.
7 NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that
8 upon payment by the plaintiff, CITY OF HUNTINGTON BEACH, of the
9 sum of Thirty Thousand and No/100 Dollars ($30, 000. 00) , payable
10 to the parties as hereinafter indicated, o]: ynto court for the
11 benefit of said parties, plaintiff shall t1;erpupon take and
12 become the owner in fee simple absolute, toldther with any and
13 all improvements thereon pertaining to the.r"al property herein-
14 after described.
15 Payment of the aforesaid sums shall be paid as follows :
16 TO: L. P. BISHOP and VICTORIA B. BISHOP, care of PHILIP F.
17 LANZAFAME, 311 South Spring Street, Suite 1155, Los Angeles ,
18 California 90013, the sum of Fifteen Thousand and No/100 Dollars
19 ($15, 000. 00) .
20 TO: JESSIE BINNING DITTON WHITTEN, as administrator of the
21 estate of HENRY BINNING, deceased, care of ERIC F. FAGAN and
22 ANN L. MELFI, 606 East Chapman Avenue, Orange, California 92666,
23 the sum of Fifteen Thousand and No/100 Dollars ($15,000 . 00) .
24 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that
25 payment to said defendants , or into court for their benefit of the
26 sums hereinabove specified, together with the sum of Seventy Five
27 Thousand and No/100 Dollars ($75 , 000. 00) withdrawn by defendants
28 L. P. BISHOP and VICTORIA B. BISHOP pursuant to order authorizing
-3-
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34-327340 '
I withdrawal, shall constitute payment in full for the real property
2 taken, for all damages of any kind or nature whatsoever suffered
3 by the defendants by reason of such taking, and for sll interest
4 which has accrued or will accrue under the order for prejudgment
5 possession.
6 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that upon
7 payment by plaintiff to defendants L. P. BISHOP and VICTORIA B.
8 BISHOP of the sum of Fifteen Thousand and No/100 Dollars ($15, 000 .( 0)
g as hereinabove specified, or into court for their benefit, and
la upon the payment by plaintiff to defendant•4;ASSIE BINNING DITTON
11 WHITTEN, as administrator of the estate of :HF3NRY BINNING, deceased
12 of the sum of Fifteen Thousand and No/100•P•glaars ($15, 000 . 00) ,
13 as hereinabove specified, or into court fof•lier benefit, that
14 certain real property situated in the City of Huntington Beach,
15 County of Orange, State of California and specifically described
16 as follows :
17 Lots 73 , 74 , 90-99 , Tract 185, in the
18 City of Huntington Beach, County of Orange,
a
19 State of California, as shown on a map recorded
20 in Book 12 , page 28 , miscellaneous maps and
21 records of the County Recorder of Orange County
22 shall be condemned in fee simple to plaintiff as against defendant
23 L. P. BISHOP and VICTORIA B. BISHOP, JESSIE BINNING DITTON WHITTEN
24 as administrator of the estate of HENRY BINNING, deceased, ARCHIE
25 KYLE and FLORENCE KYLE for the public use and purposes described
26 in plaintiffs ' complaint herein, to wit, for a public park, and
27 plaintiff shall be entitled to a Final Order in condemnation
28 vesting title to said real property in plaintiff, together with
J -4-
84-32734a
Y
1 all improvements thereon pertaining to the realty, free and clear ,
2 of any and all liens, encumbrances , easements , leaseholds,
3 current and delinquent taxes and assessments of whatever kind
4 or nature.
5 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that
6 defendants L. P. BISHOP and VICTORIA BISHOP have and recover from
7 plaintiff their costs of suit in the amount of $130. 03.
8 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that
9 defendant JESSIE BINNING DITTON WHITTEN, as administrator of the
10 estate of HENRY BINNING, deceased, have an& recover from
11 plaintiff her costs of suit in the amount of :$ 55 .00
12 ••• •
13 DATED: LL`t,�, �� ....
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14 jUbGE OF THE SUPM14IOR COURT
15
16
17
18
19 �AtlO �OF'1�
IN1t�80 ���.��•�,�
2c AY 161993 0.1 RANCH
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21 County Clerk and Clerk of the
Superior Court of the State of Cali nia
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for t County of o Be '�GI
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OFFICIALECORDS
CALIFORNIA 24
25 UG 7'84
26 ® COUNTY� RECORDER
27 .
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�.r MARCH 1971 TRACT VC. 185 V. M 12 -28 8 ASStSSOR S MAP
1
PARCEL NUMBERS BOCK 178 PAGE 19
i :;HOWN iN CCLNTY OF ORANGE
'�"*13
0
1 PHILIP F. LANZAFAME r
311 South Spring Street
,$ Suite 1155
Los Angeles, California g , ali ornia 90013
3 Telephone: (213) 625-2767
19a�
4 Attorney for Defendants l �
L. P. BISHOP and VICTORIA B. BISHOP Fti � hN fGf,r .fHr
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE
1Q
17. CITY OF HUNTINGTON BEACH, a ) CASE NOS 2-86857
Municipal Corporation, )
12 ) JUDGME11T�,ItT CONDEMNATION
Plaintiff, ) • 0.
13 ) (Lots 73;"74 , 90-99)
VS. )
14 )
HENRY BINNING, et al. , )
15 Defendants. )
16 )
17 pursuant to a written stipulation heretofore filed in the
18 above-entitled proceeding by and between the plaintiff, CITY OF
19 HUNTINGTON BEACH, a Municipal Corporation, by and through its
20 attorneys GAIL HUTTON, City Attorney, WILLIAM S. AMSBARY, Assistant
21 City Attorney and ARTHUR J. FOLGER, Deputy City Attorney, and
22 defendants L. P. BISHOP and VICTORIA B. BISHOP, by and through
23 their attorney, PHILIP F. LANZAFAME, and defendant JESSIE BINNING
24 DITTON WHITTEN, administrator of the estate of defendant, HENRY
25 BINNING, deceased, by and through her attorneys, ERIC F. FAGAN and
26 ANN. L. MELFI that a Judgment In Condemnation may be entered
27 herein in accordance with the terms and conditions hereof; and
28 IT APPEARING TO THE COURT that defendants ARCHIE A. KYLE and
1 FLORENCE KYLE have filed their disclaimer herein and defendant
2 MSB PROPERTIES, INC. has been dismissed herein.
3 IT IS HEREBY FOUND AND DETERMINED:
4 1. That the use for which the real property is being
5 acquired is a public use authorized by law, that the public
6 improvement for which said real property is being acquired has
7 been planned and located in a manner which will be most compatible
8 with the greatest public good and the least private injury and
9 that the property sought to be acquired is necessary for the
14 public use.
11 2. That by execution of the Stipulation; herein each of the
... •
12 defendants has waived the right to trial, •statement of decision,
13 notice of entry of judgment in condemnatiorit•zight and time for
14 appeal and notice of entry of the final order of condemnation
15 as to said real property.
16 3. That on December 11, 1980 plaintiffs deposited the sum of
17 Seventy Five Thousand and No/100 Dollars ($75, 000. 00) applicable
18 to lots 73, 74, 90-99 , with the clerk of the court pursuant to
19 CCP §1255. 010; on December 11, 1980 , an order for prejudgment
20 possession was issued by the above entitled court, and pursuant
21 thereto, plaintiffs took immediate possession of said real
22 property on, and said order of immediate possession became
23 effective for all purposes as of, January 8, 1981.
24 4. That the total compensation, award and damages to be paid
25 herein to all defendants, including the fair market value of lots
26 73, 74 , 90-99, and all interest which has accrued or will accrue
27 under the order for prejudgment possession, is the sum of One
28 Hundred Five Thousand and No/100 Dollars ($105, 000. 00) .
-2-
1 5. That on February 6, 1981 the above entitled court made
2 its order authorizing the withdrawal of the sum of Seventy Five
3 Thousand and No/100 Dollars ($75, 000. 00) and that said sum was
4 withdrawn by defendants L. P. BISHOP and VICTORIA B. BISHOP,
5 which sum is to be credited to the obligation of plaintiff for
6 payment of the total compensation, award and damages.
7 NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that
8 upon payment by the plaintiff, CITY OF HUNTINGTON BEACH, of the
9 sum of Thirty Thousand and No/100 Dollars ($30,000.00) , payable
. ...
10 to the parties as hereinafter indicated, of Into court for the
..
11 benefit of said parties, plaintiff shall tl;e'rVupon take and
12 become the owner in fee simple absolute, toldther with any and
•.. •
. •
3.3 all improvements thereon pertaining to the-real property herein-
14 after described.
15 Payment of the aforesaid sums shall be paid as follows :
0... ;
16 TO: L. P. BISHOP and VICTORIA B. BISHOP, mare- ef PHILIP - F.
17 LANZAFAME, 311 South Spring Street, Suite 1155, Los Angeles,
18 California 90013, the sum of Fifteen Thousand and No/100 Dollars
19 ($15,000.00) . —t- k `�,d
20 TO: JESSIE BINNING DITTON WHITTEN, as administrator of the
21 estate of HENRY BINNING, deceased, Garre--af ERIC F. FAGAN and
-�V\ie j:4T-N 5
22 ANN L. MELFI, 606 East Chapman Avenue, Orange, California 926666,
23 the sum of Fifteen Thousand and No/100 Dollars ($15,000 . 00) . s
24 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that
25 payment to said defendants, or into court for their benefit of the
26 sums hereinabove specified, together with the sum of Seventy Five
27 Thousand and No/100 Dollars ($75, 000. 00) withdrawn by defendants
28 L. P. BISHOP and VICTORIA B. BISHOP pursuant to order authorizing
], withdrawal, shall constitute payment in full for the real property
2 taken, for all damages of any kind or nature whatsoever suffered
3 by the defendants by reason of such taking, and for sll interest
4 which has accrued or will accrue under the order for prejudgment
5 possession.
• 6 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that upon
7 payment by plaintiff to defendants L. P. BISHOP and VICTORIA B.
8 BISHOP of the sum of Fifteen Thousand and No/100 Dollars ($15, 000 .( 0)
9 as hereinabove specified or into court for their benefit, and
10 upon the payment by plaintiff to defendant•jj!SSIE BINNING DITTON
11 WHITTEN, as administrator of the estate of:HI4NRY BINNING, deceased
12 of the sum of Fifteen Thousand and No/100•p4nars ($15, 000. 00) ,
13 as hereinabove specified, or into court fot*Mer benefit, that
14 certain real property situated in the City of Huntington Beach,
15 County of Orange, State of California and specifically described
16 as follows :
17 Lots 73, 74, 90-99 , Tract 185 , in the
18 City of Huntington Beach, County of Orange,
19 State of California, as shown on a map recorded
20 in Book 12 , page 28 , miscellaneous maps and
21 records of the County Recorder of Orange County
22 shall be condemned in fee simple to plaintiff as against defendant
23 L. P. BISHOP and VICTORIA B. BISHOP, JESSIE BINNING DITTON WHITTEN
24 as administrator of the estate of HENRY BINNING, deceased, ARCHIE
25 KYLE and FLORENCE KYLE for the public use and purposes described
26 in plaintiffs ' complaint herein, to wit, for a public park, and
27 plaintiff shall be entitled to a Final Order in condemnation
28 vesting title to said real property in plaintiff, together with
-4-
], all improvements thereon pertaining to the realty, free and clear
2 of any and all liens, encumbrances, easements, leaseholds ,
3 current and delinquent taxes and assessments of whatever kind
4 or nature.
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that
6 defendants L. P. BISHOP and VICTORIA BISHOP have and recover from
7 plaintiff their costs of suit in the amount of $130. 03.
8 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that
9 defendant JESSIE BINNING DITTON WHITTEN, as administrator of the
10 estate of HENRY BINNING, deceased, have and recover from
11 Plaintiff her costs of suit in the amount qf� 55 .00
12 '
// •
13 DATED:
14 � V3
J GE OF TH SUP • IOR COURT
15
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19 ff BMW tM0F7M01L mac,
a FILE 0110 OFFICE Al `+ ••.
20 MAY I i983 0 '
�" ANCH Wf � ,►��r
21 � r:
County Clerk and Clerk of the '► „�.
Superior Court of the State of Cali nia p� ti
22 in t County of o Be
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PROPERTY OF THE CITY OF
HUNTINGTON BEACH,CA
NO. 36129
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®.r MARCH 1971 TRACT NO. 185 M. M /2-28 NOTE -%ssES."OR S BLOCK d ASSESSORS MAP
PARCEL NUMBERS BOOK 178 PAGE 19
SHOWN IN CIRCLES CCUNiY Of ORANGE
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