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
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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
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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"
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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.
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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
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C. MI
//
'�" &tzz"�"-_
HELEN L. CALDWELL
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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
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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