HomeMy WebLinkAboutD-891 Calle Joaquin-101 Freeway Recorded 09/22/1972ERNEST A. WILSON
ANDREW C. MALL.JR.
KENNETH I. JONES
GERALD A. LASTER
JAMES T. MORTON
JEREMIAH J. LYNCH
JOHN H. LYNCH (IODS -1071)
MICHAEL R. NAVE
PHILIP O. ASSAF
JAMES L.COPCLANO
REDDY L.MaHLLIOQTT
loll
ROBERT J. HILL
M
AYOR A. DAN IEL
THOMAS C.MORONEY
JOAN E.BNIODY
THOMAS B. ADAMS
SHARON S. WHITE
SHCRROO B. DAVIS
RAUL C. WILKINS
LAWRENCE C. JENSEN
THOMAS S. OWCN
SAN MATEO, CALIFORNIA 94401
ROBERT O. AUWBREY
[415] 342 -3523
ROY J. KOEDEN
OF COUNSEL
ARTHUR J. NA.ZMW
A.A. KAPLAN (MO. ONLY)
July 11, 1975
Mr. A. J. Shaw, Jr.
City Attorney
990 Palm Street
San Luis Obispo, CA 93401
RE: City of San Luis Obispo v. Dalidio
Dear Art:
For the city's files, enclosed is recorded
final judgment in condemnation covering the above-
designated action.
TBA:vb
Encl.
Very truly yours,
WILSON, JONES, MORTON & LYNCH
Thdmas B. Adams
cc: Security Title Insurance Co.
Escrow #97152 - Recording data: Recorded June 26, 1975
Doc. #20256, Vol. 1840, page 217.
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WIL60r, JUNES, Mol LYNCH
ffo R
CHARLES N.KIRKBRIDE
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ATTORNEYS AND COUNSELLORS AT LAW
KIRKORIDE RIOZ i GORDON
(JOSEPH 6.00ROON)
630 NORTH SAN MATEO DRIVE
IYI I-IR3R
P.O. BOX IS2
KIRKBRIDE 6 WILSON
DZD -Iw7
SAN MATEO, CALIFORNIA 94401
nlaneRloE, wluoN cLD 6wALLAec
[415] 342 -3523
Iw7 -1961 7 -IN6I
OF COUNSEL
ARTHUR J. NA.ZMW
A.A. KAPLAN (MO. ONLY)
July 11, 1975
Mr. A. J. Shaw, Jr.
City Attorney
990 Palm Street
San Luis Obispo, CA 93401
RE: City of San Luis Obispo v. Dalidio
Dear Art:
For the city's files, enclosed is recorded
final judgment in condemnation covering the above-
designated action.
TBA:vb
Encl.
Very truly yours,
WILSON, JONES, MORTON & LYNCH
Thdmas B. Adams
cc: Security Title Insurance Co.
Escrow #97152 - Recording data: Recorded June 26, 1975
Doc. #20256, Vol. 1840, page 217.
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D= o307425260F A00000.00
sAN �u�islio �rsPo�oCAL. 0307445260 a0000000CA
COMPARED JUN 2 61975 (ENDORSI`D)
RECORDING REQUESTED BY and VOWAM E. ZIMARIK F L I
WHEN RECORDED RETURN TO: OOUNW. RECORDER C�
06 PM JUN 24 M75
WILSON, JONES, MORTON & LYNCH, I MISBE, F 1 WOLLAM, COUNTY CLERK
p, 0. Box 152 By JO ANNE LATCH
San Mateo, California DEPUTY CLERK
SUPERIOR COURT OF-THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN LUIS OBISPO
CITY OF SAN LUIS OBISPO, etc.,
Plaintiff,
VS.
ERNEST DALIDIO, MELVIN DALIDIO,:
THELMA PEROZZI, et al.,
Defendants.
NO. 41959
FINAL JUDGMENT IN CONDEMNATION
It appearing, and the Court finds, that the total award in
the sum of $199396.24 as contained in the Interlocutory Judgment
of Condemnation entered in the within proceeding on June.11, 1974
for the taking of the estates and interests more particularly
described therein and in Exhibit "A", attached hereto and by this
reference made a part hereof, has been paid to defendants ERNEST
DALIDIO, MELVIN DALIDIO and THELMA PEROZZI, and the Court being
fully informed and good cause appearing therefor:
NOW, THEREFORE, IT IS ORDERED, ADJUDGED and DECREED that
a permanent easement and right of way over, under, along, through
and across the real property described in said Exhibit "A" for
the construction and widening.of Prefumo Drainage Channel, togethei
with a maintenance road parallel thereto, and together with the
existing improvements, if any, which are located thereon, and
including the privilege and right of temporary use of adjacent
i
,working areas as required during said construction, will vest in
,plaintiff free and discharged of all claims and liens of every
kind, except as hereinbelow noted, forthwith upon recordation of
VOL 1 840 PAGE 21 /,
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the within final judgment.
2
IT IS FURTHER ORDERED,1ADJUDGED and DECREED that for a
3
period of five (5) years hereafter, and at no cost to said, defend-
4
ants, plaintiff shall remove trees, and portions thereof, which
5
have fallen, or are in imminent danger offalling, from the propert
6
herein condemned onto defendants ERNEST DALIDIO, MELVIN DALIDIO
7
and THELMA PEROZZI's remaining property. Plaintiff shall also
8during
said five (5) year period remove trees, and portions there -
91of,
I
from property outside of the condemned parcel described herein
10
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but as a result of tree damage or weakening caused, in the opinion
11
of said defendants, by plaintiff's flood improvement project.
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Defendants shall permit reasonable access by plaintiff for such
13
purposes.
:a
Sy.
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IT IS FURTHER ORDERED, ADJUDGED and DECREED that plaintiff
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shall construct and maintain a four - strand barbed wire fence on
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the property line connecting the property condemned and the remain
i o
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ing parcel. Said fence shall be constructed within 180 days from
z n
izom
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June 11, 1974. That plaintiff shall maintain aforesaid fence and
m n e
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shall hold defendants aforesaid harmless from any loss, liability
PO
or expense resulting from the taking or use of the property con-
21
demned herein.
22
Done in open Court this c%`"//
4day of .June, 1975—
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24
Judge of said Superior Court
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VOL 1840 PAGE 215.
O
PROPERTY DESCRIPTION
A portion of Lots M and N
re- subdivision of Lots 53
Canada de Los Osos and La
161 of Book "A" of Maps i
Recorder of the County of
described as follows;
Of the R. R. Harris
and 61 of the Ranchos
Laguna as filed on Paoe
a the Office of the
San Luis Obispo, California,
Beginning at the most Northerly point of Tract 169,
as recorded on Pare 45 of Book 6 of Maps as filed
in the Office of the Recorder of the County of San
Luis Obispo, California, said point being on the
Southerly line of Madonna Road, thence along said
Southerly line.of Madonna Road which bears North
62 °30' East a distance of 54.90 feet;.thence South
5 °43'47" East a distance of 246..80 feet; thence
South 19 °57'37" East a distance of 244.39' feet.;
thence South 0 026'53" Tdest a distance of 182.46 feet;
thence South 20 °33'06" West a distance of 235.26
feet; thence South 3 °50'57 "v7est a distance of
252.36 feet; thence South 14 °21'20" West a distance
of 373.89 feet; thence South 1 °00'32" East a .
distance of 322.13 feet; thence North 55 °30' Tjest
a distance of 63.90 feet; thence along the Easterly
line of Tract 169 to the true point of beginning
through the following courses:
North
7 °25'i6" East
a distance
of
116.08
feet;
thence
North
1 °00'32" West
a distance
of
154.16
feet;
thence
North
9039'39" East
a distance
of
128.27
feet;
thence -
North
14 °21'20 "' East
a distance
of
267.10
feet;
thence
North
3 °50'57" East
a distance
of
228.63
feet;
hence
Y' North-11
°14'33" East
a distance
of
101.44
feet;
thence
North
16°'42'13" East
a distance
of
207.16
feet;
thence
dU
North
0 °26'53" East
a distance
of
100.02
feet;
thence
Cil
North
l9 °57'37" West
a distance
of
215.04
feet;.thence
�
North
5 °48'4" T-'est a
distance of
201.68
feet;
thence
North
14 °39'55" G7est
a distance
of
71.55
feet
to the
point
of beginning.
Contains 1.8 acres.
- EXHIBIT
18.10 PACE 21�
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VOL X840 PAGE 220.
`ENO OF DOCUMENT _
. �. ' - ..6
SS
ISO dm" 7G> ! is<1,- County C!erli of the above entitled
an': er. cf;icio C'J-f of. `the, Superior Court
,roof,'do- hereuy:cetiy'tfiat iFe':fareg4ing is a fu!l,
;,;.c c? reef copy of ti3 dri9�a. on file in my
2cu hk 1 hzfe'6ieTc8y. ?6ripared the same
hand- atdseat'cf'said Saperior Court
.T J
Ns
Coup! Clerl; and EA,'iic.o Clerk, per Co
BY
Deputy Clerk _ _
N
Q
N
N
y
;SAN l_UTS.'bBISPO. CALIF
.et:irn to
CITY CLERK'S OFFICE
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93401,
.35591
�J IC(AL 4r
S zX -: s OBISPO CO., CA13F„
WILLIAM E. ZIMARIKs
COUNTY RECORDER
NOV 1 1972
DEED OF EASEMENT
MELVIN DALIDIO, ERNEST DALIDIO AND THELMA PEROZZI, as
The undersigned declares that the Documentary Transfer
Tax payable hereon is b
........ Computed on full value of property conveyed.
..._.__Computed on full value less li,ns and encumbrances
remaining at time of sale.
Grantors, hereby grant
to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the,
following easement in the City and County of San Luis Obispo, State of
California to wit:
A waterline easement with the rights of ingress thereto and egress
therefrom, to construct, maintain, operate, reconstruct, repair,
remove, replace, increase and /or change the number and /or sizes of
the pipes and appurtenances for a water system under, along and
upon that portion of the fraction of Lot 541ying westerly of High-
way 101 which is a part of the Ranchos Canada de Los Osos y La
Laguna as shown on the map recorded in Book A of Maps at Page 1616
in the Office of the San.Luis Obispo County Recorder. Said easement
to be 51 feet wide lying westerly of the following described line:
Beginning at the intersection of
said portion of Lot 64 and the w
as shown on Map V- S.L.O. -2E -1947
way Maps, recorded in the Office
Recorder, thence.southerly along
Highway a .distance .o of 410 feet.
the northeasterly line of the afore -
asterly line of State Highway 101
on Page 305 of Book 2 of State High -
of the San Luis Obispo County
said weslterly line of the State
IN WITNESS WHEREOF, Grantors have hereunto caused their names to be subscribed
this 11th day of July 1972.
MELVIN DALIDIO
r0
ERNEST DALIDI
;Awl ge:�_X
THELMA PEROZZI
STATE OF CALIFORNIA ) ss.
County of San Luis Obispo )
On July 11, 1972, before me, the undersigned, a notary public in and for
said State, personally appeared MELVIN DALIDIO, ERNEST DALIDIO, and THELMA
PEROZZI, known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
GOLDIE T. WILSON GOLDIE T. WILSON
.T ?. NOTA.RT PUBLtt Notary Public in and for said State
'4? . SAN LUIS ORISPO.00011111
CAUFARNIk
My Commission Expires Febrdary 23,:1973
L
W
CA
Con
W..
1006.
, VOL 1695 PAGE 291
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1�`� rr�n.�1i 1.1J�1.
The undersigned declares that the Documentary Transfer
Tax payable hereon is b
........ Computed on full value of property conveyed.
..._.__Computed on full value less li,ns and encumbrances
remaining at time of sale.
Grantors, hereby grant
to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the,
following easement in the City and County of San Luis Obispo, State of
California to wit:
A waterline easement with the rights of ingress thereto and egress
therefrom, to construct, maintain, operate, reconstruct, repair,
remove, replace, increase and /or change the number and /or sizes of
the pipes and appurtenances for a water system under, along and
upon that portion of the fraction of Lot 541ying westerly of High-
way 101 which is a part of the Ranchos Canada de Los Osos y La
Laguna as shown on the map recorded in Book A of Maps at Page 1616
in the Office of the San.Luis Obispo County Recorder. Said easement
to be 51 feet wide lying westerly of the following described line:
Beginning at the intersection of
said portion of Lot 64 and the w
as shown on Map V- S.L.O. -2E -1947
way Maps, recorded in the Office
Recorder, thence.southerly along
Highway a .distance .o of 410 feet.
the northeasterly line of the afore -
asterly line of State Highway 101
on Page 305 of Book 2 of State High -
of the San Luis Obispo County
said weslterly line of the State
IN WITNESS WHEREOF, Grantors have hereunto caused their names to be subscribed
this 11th day of July 1972.
MELVIN DALIDIO
r0
ERNEST DALIDI
;Awl ge:�_X
THELMA PEROZZI
STATE OF CALIFORNIA ) ss.
County of San Luis Obispo )
On July 11, 1972, before me, the undersigned, a notary public in and for
said State, personally appeared MELVIN DALIDIO, ERNEST DALIDIO, and THELMA
PEROZZI, known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
GOLDIE T. WILSON GOLDIE T. WILSON
.T ?. NOTA.RT PUBLtt Notary Public in and for said State
'4? . SAN LUIS ORISPO.00011111
CAUFARNIk
My Commission Expires Febrdary 23,:1973
L
W
CA
Con
W..
1006.
, VOL 1695 PAGE 291
X
CERTIFICATE OF ACCEPTANCE
sssssssssssssss
THIS IS TO CERTIFY that the interest in real property conveyed
by the Deed of Easement dated July 11
19 72 , from Melvin Dalidio, Ernest Dalidio and Thelma
Perozzi
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded Way 26, 1959, in Volume 1002, Official
records, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date: September 22, 1972
ATTEST: --:�
61 .
a
'.ate J
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'k f'r
ENO OF DOCUMENT
CITY OF SAN LUIS OBISPO
VOL1695 PAGE292
con
A
AGREEMENT
1. The City agrees to exercise special care in working around
irrigation facilities, fences, signs and drainage facilities, and
to restore these to original condition upon completion of work.
2. The City agrees to exercise care in working around existing
trees, to remove only those required to conduct the work, and to
leave the premises in a sightly condition upon completion of the
work.
3. The City agrees that future connection fees for the twelve
inch (12 ") water line proposed to be constructed at this time will
be calculated on the basis of an eight inch (8 ") line cost.
ITY OF SAN LUIS OBISPO
r - Kennetn L.