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HomeMy WebLinkAboutD-1083 Order Of Condemnation 1020 Walnut (Pd Building) Recorded 03/07/1980RECORDING 'T TED BY.: 3 1 Z o 3 2 6, 00 R =k•' - RETURN TO : �n(a AE IPW n FCL� St&Mr ONLY) 6.001 U T 1 Wendt, at e St de aotte A PROFC5510NAL CORPORATION 2 ATTORNEYS AT LAW (ENDORSED) 1201 PALM STREET c - 3 SAN LUIS OBISPO, CALIFORNIA 93401 pO. (805) 543 -3287 DOC. NO. BAR TJVO1 4 OFFICIAL RECORDS . SAN LUIS 081SPO CO., C,2g� WOLLAM, COUnt CLERK 5 Attorneys for P1 aint'i f f MAR 7 1980 BY Sandra ash WILLIAM E. ZIMARfK' COUNTY RECORDER ' TIME 3 oZ D -p. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN LUIS OBISPO 10 11 ITY OF SAN LUIS OBISPO, a ) Municipal Corporation, ) 12 ) Case No. 50230 Plaintiff, ) 13 ) FINAL ORDER OF CONDE14NATION VS. ) 14 LRT-IN, CHARD C. MARTIN and SHARON 15 husband and wife, ) t al., ) 16 ) Defendants. ) 17 ) 18 19 On �- ,. 1980, this Court made and granted. 20 Judgment in Condemnation, entered on 1980 21 adjudging that Plaintiff is entitled to condemn, as prayed for in 22 'is Complaint against the Defendants, RICHARD C.,MARTIN, SHARON 23 MARIN and HELEN L. CALDWELL, the real property described.as parcel 24 umber 0.1- 205 -12 in Paragraph 3 of the Complaint hereinafter more 25 particulary described, on deposit for said Defendants of the addi_. 26 ional sum of $49,000.00; and 27 In accordance with said Judgment, Plaintiff has deposited in 28 he Court for said Defendants the sum of $49,000.00, which together VOL 2226?IGE 505 1 2 3 4 5 6 19 20 21 22 0 23 12 0 13 g 25 26 °a 14 J } W 28 Z .� 2 M 15 a ¢Q 16 a ..b 17 k u 18 19 20 21 with the deposit of $85,000.00 heretofore previously made on March 26, 1979, constitutes the total sum of just compensation of $134,000.00; IT IS HEREBY ORDERED AND ADJUDGED that all right, title, in- terest, claim, and lien of any kind and description of said Defen- dants, RICHARD C. MARTIN, SHAR014 MARTIN and HELEN L. CALDWELL, in, to or against the hereinafter described property and .all-improve- ments thereon pertaining to.the realty be, and the same is hereby,) condemned and appropriated for the public use of Plaintiff as specified in said Judgment and the title thereto, on the date of recording a certified copy of this Final Order of Condemnation with the recorder of San Luis Obispo County, California, shall veste in fee simple in the City of San Luis Obispo, of the County of San Luis Obispo, State of California, Plaintiff above named, free and clear of all claims, right, title, interest or lien in, to, on, or against said property which said Defendants, RICHARD C. MARTIN, SHARON MARTIN and HELEN L. CALDWELL, may have hereto or therein. The real property referred to by this Decree, and.the title which shall.vest.in Plaintiff herein, is more.particularly des- cribed as follows to wit: Portion of Lot 4, Block .2 8 , City and County of San Luis Obispo, State of California. It is also knows as County Assessors Parcel Number 01- 205 -12, and is most commonly re- ferred to by street address as 1020 Walnut Street, as more fully described in Exhibit A attached hereto. Done in open Court I�yi'►�'Ci� ,. 1980. W. R. NrOOPF" ". . JUDGE OF THE SUPERIOR COURT -2 VOL 2226psGE 586 22 23 24 . V 25 26 27 28 with the deposit of $85,000.00 heretofore previously made on March 26, 1979, constitutes the total sum of just compensation of $134,000.00; IT IS HEREBY ORDERED AND ADJUDGED that all right, title, in- terest, claim, and lien of any kind and description of said Defen- dants, RICHARD C. MARTIN, SHAR014 MARTIN and HELEN L. CALDWELL, in, to or against the hereinafter described property and .all-improve- ments thereon pertaining to.the realty be, and the same is hereby,) condemned and appropriated for the public use of Plaintiff as specified in said Judgment and the title thereto, on the date of recording a certified copy of this Final Order of Condemnation with the recorder of San Luis Obispo County, California, shall veste in fee simple in the City of San Luis Obispo, of the County of San Luis Obispo, State of California, Plaintiff above named, free and clear of all claims, right, title, interest or lien in, to, on, or against said property which said Defendants, RICHARD C. MARTIN, SHARON MARTIN and HELEN L. CALDWELL, may have hereto or therein. The real property referred to by this Decree, and.the title which shall.vest.in Plaintiff herein, is more.particularly des- cribed as follows to wit: Portion of Lot 4, Block .2 8 , City and County of San Luis Obispo, State of California. It is also knows as County Assessors Parcel Number 01- 205 -12, and is most commonly re- ferred to by street address as 1020 Walnut Street, as more fully described in Exhibit A attached hereto. Done in open Court I�yi'►�'Ci� ,. 1980. W. R. NrOOPF" ". . JUDGE OF THE SUPERIOR COURT -2 VOL 2226psGE 586 M STATE OF CALIFORNIA ) ss COUNTY OF SAN ,LUIS 031SPQ ) 1, MISBETH V.,'OLLAIM, Gbvhty C lerlZ of the above entitled County, and - ex-of-P-ci-0 cf -2 . Superior Court thereof,. do It.ei-11-y ce.-'ify, t'i-,e fo-.toing is a full, true and ccr.�-t c07y of ".0 c r; �. on file in my office, and that i ".- I`CVe carefully compared the same with the orir;fnal. Witness, my hand 'and seal of said Superior Court —144A this ... ... . . ........... e, aj , of ...M ._.. 19 52 MISGETH VIOLLAM County Clerk and Ex-Officio Clerk, Superior Court By Deluty Clerk w, 2226nGE 587 EXHIBIT A PARCEL 1: The Northeasterly 50.feet,of Lot 4 and the Southwest- erly 5 feet of Lot 5 in Block 28 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San..Luis Obispo, State of California, according to Map filed for record May 1, 1878 in Book A, at Page 168 of Maps, in the office of the County Recorder of said County. PARCEL 2: That portion of Lot 4 in Block 28 of the City of San. Luis Obispo, in the City.of San Luis Obispo, County of San Luis. Obispo,.State of California, according to Map filed for record May 1, 1878 in Book A, at Page 168 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point on the Northeasterly line of Osos Street, as said Street is delineated on said Map,'distant 98 feet Northwest- erly from the Southerly corner of said Block 28; thence (1) at right angles Northeasterly 100 feet; thence (2) at right angles Northwesterly 52 feet to a point in the Northwesterly line of said Lot 4; thence (3) South 26° 39° 12" West,. 112.71 feet to the point of beginning. END OF DO E" 1 2 3 4 5 6 .7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wendt Mgt & de la Motte A.CROIl3310NAL CORpOWT10N ATTORNEYS AT LAW' 1201 PALM STRML'T SAN LUIS OBISPO, CALIFORNIA 93401 1806) 843 -3287 Att.,,e f., Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE .COUNTY OF SAN LUIS OBISPO ?ACE BELOW FOR FILING STAMPaNLY► (ENDOR YD)' E 666 MAR 4 1980 COY, iv1tiSB J log , ctE DEPU . CITY OF SAN LUIS OBISPO, a ) Municipal Corporation, ) Plaintiff, ) VS. ) ICHARD C. MARTIN and SHARON ) RTIN, husband and wife, ) t al., ) Defendants. ) Case No. 50230 STIPULATION FOR ENTRY OF JUDGMENT It is hereby stipulated and agreed by and between the parties areto as- follows: 1. The Court has jurisdiction over the parties hereto for he purpose of determining all rights and responsibilities in the bove entitled matter. 2. That the purpose for which Plaintiff seeks to condemn arcel number 01- 205 -12 is a public use authorized by law and hat the taking of said parcel is necessary for such use. 3. That on March 26, 1979, Plaintiff paid into Court the um of $85,000.00 for the use and benefit of Defendants. ; 1 ` 1 2 3 4 5 6 7 8 19 20 21 22 23 24 25 26 27 28 4. That on June 5, 1979, Defendants, RICHARD C..MARTIN and SHARON MARTIN, withdrew from said deposit the sum of $40,000.00. 5. That the sum of.$45,000.00 continues to be held by the Court for the benefit of Defendants. .6. That just compensation for parcel number 01-- 205 -12 is the sum of .$'134,000.00. 7. That upon .entry of Judgment herein, .each of the parties shall bear their own costs. 8. That the Plaintiff shall owe no interest upon the entry of Judgment herein. 9. That all taxes, penalties and costs which are a lien on said parcel from and after March 26, 1979, shall be cancelled. 10. That the Court may enter its Judgment in conformity with, the terms herein set forth, and upon the payment into Court of the sum of $49,000.00, that the Court may enter its final Order of Condemnation. BY -2- CITY OF SAN LUIS OBIS /q w C. MI // '�" &tzz"�"­-_ HELEN L. CALDWELL 9 10 0 12 fd C ~` 3 0 a a g 13 d a Cz °u 14 *J i N W .. o z � 15 v a 4. v P4 16 0 a 4 � Q 16 'k 17 Q� 18 19 20 21 22 23 24 25 26 27 28 4. That on June 5, 1979, Defendants, RICHARD C..MARTIN and SHARON MARTIN, withdrew from said deposit the sum of $40,000.00. 5. That the sum of.$45,000.00 continues to be held by the Court for the benefit of Defendants. .6. That just compensation for parcel number 01-- 205 -12 is the sum of .$'134,000.00. 7. That upon .entry of Judgment herein, .each of the parties shall bear their own costs. 8. That the Plaintiff shall owe no interest upon the entry of Judgment herein. 9. That all taxes, penalties and costs which are a lien on said parcel from and after March 26, 1979, shall be cancelled. 10. That the Court may enter its Judgment in conformity with, the terms herein set forth, and upon the payment into Court of the sum of $49,000.00, that the Court may enter its final Order of Condemnation. BY -2- CITY OF SAN LUIS OBIS /q w C. MI // '�" &tzz"�"­-_ HELEN L. CALDWELL ROBERT D. WENDT DALE C. MITCHELL M ELVIN A. do le MOTTE,J R. JOHN A. RONCA,JR. July 21, 1980 Jean Fitzpatrick P.O. Box 321 San Luis Obispo, Wendt. Mitchell & de la Motte A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1201 PALM STREET SAN LUIS OBISPO, CALIFORNIA 93401 (605) 543 -3267 CA 93406 Re: City of San Luis Obispo v. Richard Martin, et al. Superior Court Case No. 50230 Dear Mr. Fitzpatrick.: Per our discussion on this date, enclosed here -; with is a copy of the Stipulation for Entry of Judgment filed in the above - entitled matter on March 4, 1980.. In item 3 of the stipulation it states that the plaintiff paid into the Court on March.26, 1979 the sum of-$85,000.00 for the parcel of land in question. In item 4 the Martins withdrew part of that sum. We hope that this will clear up any questions which you may have on the payment of the taxes for the past fiscal year. However, should you have any further questions, please do not hesitate to contact our office.. very truly yours, WENDT, MITCHELL & DE LA MOTTE A Professional Corporation ,C�6cretar to JMK Enclosures Executive Director - Secretary A. RICHARD CHUBON April 11, 1980 Roger L. Neuman Chief of Police City of San Luis Obispo P.O. Box 1328 San Luis Obispo, CA 93406 Subject: Management Agreement - 1020 Walnut Street Dear Roger: Please be advised that on April 7, 1980 the above management agreement was terminated. This - termination of the agreement was based upon the occupancy termination date of the last tenant as stipulated by the agreement. A final financial statement will be forwarded to the city in the near future. I appreciate the cooperation given us by Captain Englert during this period. Sincerely, A. R. Chubon Executive Director ARC:lma Enclosures cc: R.C. Muravez, Director of Finance /J.H. Fitzpatrick, City Clerk It C '11 i lIN ° F $AN LU'S Ola9Sp0, C� housinq . - -�.. OF THE CITY OF SAN LUIS OBISPO a etnum 487 Leff Street P.O. Box 638 + San Luis Obispo, CA 93406 +. (845).543 -4478 Executive Director - Secretary A. RICHARD CHUBON April 11, 1980 Roger L. Neuman Chief of Police City of San Luis Obispo P.O. Box 1328 San Luis Obispo, CA 93406 Subject: Management Agreement - 1020 Walnut Street Dear Roger: Please be advised that on April 7, 1980 the above management agreement was terminated. This - termination of the agreement was based upon the occupancy termination date of the last tenant as stipulated by the agreement. A final financial statement will be forwarded to the city in the near future. I appreciate the cooperation given us by Captain Englert during this period. Sincerely, A. R. Chubon Executive Director ARC:lma Enclosures cc: R.C. Muravez, Director of Finance /J.H. Fitzpatrick, City Clerk It C '11 i lIN ° F $AN LU'S Ola9Sp0, C� MEMO- letterl WENDT, MITCHELL & de la MOTTE Aftorneys.at Law - A Professional Corporation 1201 , Palm Street • San Luis Obispo, California 93401' Phone (805) 543-3287 Jean Fitzpatrick To-C ity.-C lerk-..--.-..- -_ City of San Luis Obispo __--City. -Hall- 990 Palm Street ___S an -.. Luis -Obi spo-,_-Cali fornia-9-3.4 __ Dear Mr. Fitzpatrick: Date March 28, 1980 Subject -Cit.y--v-.—Martin.,—et--al-.-..-- Enclosed herewith is the recorded Final Order of Condemnation on the Martin property which you may consider as evidence of title to the City of San Luis Obispo. Should you have any questions, please feel free to contact my,office. Very truly yours, WENDT, MITCHELL & DE LA MOTTE A Professional DALE C. MITCHELL DCM: jmk Enclosure Item MLN-72 -E-0 D,.—I B.—. me