HomeMy WebLinkAboutRecorded Doc 2009-005 2009-0018757 1304 •
• RECORDING REQUESTED BY DOC # 2009 - 0018757
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Recorded in Official Records
County of Riverside
WHEN RECORDED MAIL'S) Larry IC Ward
Assessor, County Clerk & Recorder
NAME Oliver, Sandifer & Murphy 1
MAILING 281 S. Figueroa Street
Second Floor
CITY. STATE Los Angeles, CA 90012 S R U PAGE SIZE DA MISC LONG RFD COPY
ZIPE CODE
M A L 465 426 PCOR NCOR SMF N EXAM S USE
TITL E(S)
JUDGMENT AND FINAL ORDER OF CONDEMNATION , V
509
41
APN: 687-030-056
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I DUFF MURPHY, State Bar No 106091
OLIVER, SANDIFER & MURPHY
2 281 S. Figueroa Street, 2nd Floor 3 D
Los Angeles, California 90012 -2501 r t' 2104 1 "" ` 4a Q
� 3LIPEI CCtILIF
Telephone: (213) 621 -2000 COLln�f' n: I RIVE OF . C� A &1 DE U RPIIA
4 Facsimile: (213) 621 -2211 DEC 11 2U08
5 Attorneys for Plaintiff E. LaBarbera
en
J p, SUPERIOR COURT OF THE STATE OF CALIFORNIA
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Gd■ - . - FOR THE COUNTY OF RIVERSIDE
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CATHEDRAL CITY REDEVELOPMENT NO. INC 040 058
12 AGENCY,
> JUDGMENT AND FINAL ORDER OF
8 $ N 13 Plaintiff, CONDEMNATIO
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id g l m n
W Ui � 14 v. (Parcel No. 687-030-056)
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ii U N N
x 4 R 6 W_ 15 TRAMVIEW LAND COMPANY; HEIRS
a u < t f 16 AND DE OF MARTHA [Exempt from filing fees - Government Code
Q i ,1
Q N CROSSLEY, DECEASED; TACO BELL; §61031
` 0 17 'THOMAS L. HOLLISTER, not personally,
but solely as TRUSTEE OF THE THOMAS
18 AND JANICE HOLLISTER FAMILY Judge David Downing
TRUST DATED DECEMBER 26, 1984; Department 2F
19 ' JANICE MOORE HOLLISTER, not
20 personally, but solely as TRUSTEE OF THE
THOMAS AND JANICE HOLLISTER
21 FAMILY TRUST DATED DECEMBER 26,
1984;11ARRY A. SEYMOUR, not
22 personally, but solely as TRUSTEE OF THE
SEYMOUR FAMILY TRUST DATED
23
DECEMBER 28, 1979;'StJSAN H.
24 SEYMOUR, not personally, but solely as
TRUSTEE OF THE SEYMOUR FAMILY t
25 TRUST DATED DECEMBER 28, 1979; R.
' RANDALL HOLLISTER, not personally, but
26 solely as TRUSTEE OF THE R. RANDALL
AND DEBORAH R. HOLLISTER FAMILY
27 TRUST DATED APRIL 3, 1984;45EBORAH
28 R. HOLLISTER, not •ersonali , but solel as
I
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174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
9 k
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1111 IIIIIIII IIIIH 1 111111 iH 111 11111 ID! iiI , - MI8757 3 of 10
1 TRUSTEE OF THE R. RANDALL AND
DEBORAH R. HOLLISTER FAMILY
2 TRUST DATED APRIL 3, 1984; JOHN A.
3 HOWELL, not personally but solely as
TRUSTEE UNDER DECLARATION OF
4 TRUST, DATED FEBRUARY 12, 1981;
ANN T. HOWELL, not personally but solely
5 as TRUSTEE UNDER DECLARATION OF
6 TRUST, DATED FEBRUARY 12, 1981;
OBERT HOLLISTER, not personally, but
7 solely as CO- TRUSTEE UNDER THE WILL
OF LEWIS R. TREZONA, DECEASED
8 AND THE DECREE OF DISTRIBUTION
OF HIS ESTATE;IFOHN SOSOKA, not
9 personally, but solely as CO- TRUSTEE
UNDER THE WILL OF LEWIS R.
10 TREZONA, DECEASED AND THE
11 DECREE OF DISTRIBUTION OF HIS
ESTATE; 7(UDREY A. SOSOKA, also
12 known as AUDREY SOSOKA and AUDREY
Z o - o TREZONA SOSOKA; 71\1N TREZONA
e N 8 N 13 HOWELL, also known as ANN HOWELL
W 0 g "" N and ANN T. HOWELL;'BtRNARD
° .2 1 SNYDER;'C TITLE COMPANY,
I z 1;
- N 15 Trustee; l"AANCHISE MORTGAGE
< N g Z W ACCEPTANCE COMPANY; GOLDEN
N g 2 42 16 WEST TACOS ; INC. AY VIEW
. ff "- s w FRANCHISE MORTGAGE ACCEPTANCE
" 17 COMPANY; KLLIANCE TITLE
18 COMPANY; PALM SPRINGS V, INC.; DOE
ONE THROUGH DOE ONE HUNDRED,
19 Inclusive, and ALL PERSONS UNKNOWN
CLAIMING ANY TITLE OR INTEREST IN
20 OR TO THE PROPERTY,
21 Defendants.
22
23 Plaintiff Cathedral City Redevelopment Agency, by and through its attorneys Oliver,
24 Sandifer & Murphy, Special Counsel, by Duff Murphy, defendants Tramview Land Company, by
25 and through their attorneys Freeman, Freeman & Smiley, by Steven Young, and defendant Taco
26 Bell Corporation, by and through its attorneys Law Offices of Herman H. Fitzgerald, by Herman
27 H. Fitzgerald, having previously stipulated to all facts, terms and conditions stated herein and
28 having requested the court to enter judgment consistent herein.
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174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
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1 IT IS HEREBY FOUND AND DETERMINED:
2 1. On or about November 12, 2003, the Cathedral City Redevelopment Agency
3 ( "Agency ") adopted Resolution No. RDA R -376, declaring a public need and necessity to
4 condemn that certain real property described as Assessor's Parcel No. 687-030-056, as more
5 particularly described in the Complaint in Eminent Domain and below in this Judgment, for the
6 elimination of blight and redevelopment purposes.
7 2. The use for which Parcel 687- 030 -056 is being acquired is a use authorized by law
8 and the acquisition of the parcel is necessary to the use. Plaintiff is duly authorized and has the
9 power and right to acquire the Subject Property by eminent domain in this action.
10 3. Defendant Tramview Land Company was the owner of the Subject Property at the
11 time of the filing of the Complaint in Eminent Domain. Said defendant was served with the
12 Summons and Complaint on March 12, 2004, and filed an answer to the complaint alleging that
a p 8 $ § N 13 they were the owners of the Subject Property and accordingly was entitled to just compensation. NN
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14 4. Defendant Taco Bell Corporation was a lessee on the Subject Property at the time
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= f U N N 15 of the filing of the Complaint in Eminent Domain. Said defendant was served with the Summons
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a 16 and Complaint on December 17, 2003, and filed an answer to complaint alleging a leasehold
• W a� q" 16
o 17 interest on the Subject Property and accordingly was entitled to just compensation.
18 5. Defendants the Heirs and Devisees of Martha Crossley, Deceased were served
19 herein by publication which was completed on July 1, 2004. Said defendants failed to respond to
a 20 the complaint within the time permitted by law and have had their default taken and entered herein
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21 on September 15, 2004. Said defendants are entitled to no compensation herein.
22 6 Defendants Thomas L. Hollister, not personally, but solely as Trustee of the
23 Thomas and Janice Hollister Family Trust Dated December 26, 1984, Janice Moore Hollister, not
24 personally, but solely as Trustee of the Thomas and Janice Hollister Family Trust Dated December
25 26, 1984, Harry A. Seymour, not personally but solely as Trustee of the Seymour Family Trust
26 Dated December 28, 1979, Susan H. Seymour, not personally, but solely as Trustee of the
.ate
27 Seymour Family Trust Dated December 28, 1979, Ann T. Howell, not personally but solely as
t � 28 Trustee Under Declaration of Trust, Dated February 12, 1981, John Sosoka, not personally, but
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174155 JUDGMENT AND FINALORDER OF CONDEMNATION
1
I solely as Co- Trustee Under the Will of Lewis R. Trezona, Deceased and the Decree of
2 Distribution of His Estate, Audrey A. Sosoka, also known as Audrey Sosoka and Audrey Trezona
3 Sosoka, and Ann Trezona Howell, also known as Ann Howell and Ann T. Howell, are individual
4 shareholders of Tramview Land Company. Said defendants have filed Disclaimers and are
5 entitled to no compensation herein.
6 7. Defendant Bernard Snyder was served with the Summons and Complaint on March
7 25, 2004. Bernard Snyder filed an answer to the complaint, alleging ownership of an easement
8 and that he was entitled to just compensation. Said defendant has filed a Disclaimer and is entitled
9 to no compensation herein.
10 8. Defendant Chicago Title Company, Trustee was served with the Summons and
11 Complaint on December 17, 2003. Said defendant filed a Disclaimer on January 12, 2004, and is
12 entitled to no compensation herein.
N 13 9. Defendant Franchise Mortgage Acceptance Company was served with the
g o m 14 Summons and Complaint on March 25, 2004. Said defendant filed a Disclaimer on June 16, 2004,
W
N — " 15 and is entitled to no compensation herein.
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15 6 on
16 E € y 16 10. Defendant Golden West Tacos, Inc. was served with the Summons and Complaint
4
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o 17 on December 18, 2003. Said defendant having been regularly served with process and having
18 failed to answer within the time required by law, has had its default taken and entered herein on
19 March 26, 2004. Said defendant is entitled to no compensation herein.
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g a o 20 11. Defendant Bay View Franchise Mortgage Acceptance Company filed a Disclaimer
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21 on March 12, 2004, and is entitled to no compensation herein.
22 12. Defendant Alliance Title Company was served with the Summons and Complaint
23 on December 17, 2003. Said defendant, having been regularly served with process and having
24 failed to answer within the time required by law, has had its default taken and entered herein on
25 March 26, 2004. Said defendant is entitled to no compensation herein.
26 13. Defendant Palm Springs V, Inc was served with the Summons and Complaint on
27 December 18, 2003. Said defendant, having been regularly served with process and having failed
.• 28 to answer within the time required by law, has had its default taken and entered herein on March
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174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
_ _ l
,
1 26, 2004. Said defendant is entitled to no compensation herein.
2 14. Defendants R. Randall Hollister, not personally, but solely as Trustee of the R.
3 Randall and Deborah R. Hollister Family Trust Dated April 3, 1984, Deborah R. Hollister, not
4 personally, but solely as Trustee of the R. Randall and Deborah R. Hollister Family Trust Dated
5 April 3, 1984, John A. Howell, not personally but solely as Trustee Under Declaration of Trust,
6 Dated February 12, 1981, Robert Hollister, not personally, but solely as Co- Trustee Under the
7 Will of Lewis R. Trezona, Deceased and the Decree of Distribution of His Estate, and Doe One
8 Through Doe One Hundred, Inclusive, and All Persons Unknown Claiming and Title or Interest in
9 or to the Property have been dismissed herein. Said defendants are entitled to no compensation
10 herein.
11 15. An Order for Prejudgment Possession was signed by the Court on December 16,
12 2003, and became effective on June 10, 2004, authorizing plaintiff to take possession of Parcel
R e a $ N 13 687 - 030 -056.
• i N N N
w S N o o m 14 16. On or about December 16, 2003, pursuant to Code of Civil Procedure section
• 0
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15 1255.010, plaintiff deposited with the Clerk of the Court the sum of $2 7 0,000.00 for the Subject
fA�O
a < 16 Property.
> - ° 1- 6. I
o N J 17 17. On or about June 21, 2006, pursuant to order of the Court, the probable amount of , I
18 compensation for the taking of the real property was increased by $95,000.00 and deposited by
c 19 plaintiff with the Clerk of the Court.
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g F 20 18. The total principal amount currently on deposit with the Clerk of the Court is the
21 sum of $365,000.00.
22 19. Pursuant to Revenue and Taxation Code section 5082, all current, general, and
... 23 special county taxes due and owing to the County of Riverside as to Parcel 687-030-056 shall be
24 prorated to June 10, 2004, the effective date of the Order for Prejudgment Possession. As of June
M ENEM
25 10, 2004, Parcel 687 -030 -056 shall be exempt from general and special county taxes and all such
26 taxes shall be canceled after that date pursuant to Revenue and Taxation Code sections 4985 et
MI 27 seq. and 5081 et seq. Any taxes due and owing to the County of Riverside shall be paid directly
28 by defendant Tramview Land Corporation outside of these court proceedings.
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174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
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1 20. The fair market value of Parcel 687- 030 -056 is the sum of $450,000.00.
2 21. The total just compensation, award and damages to be paid for Parcel 687-030-056,
3 including prejudgment interest through November 24, 2008 ($450,000.00 plus $78,960.58 for
4 prejudgment interest), is the sum of $528,960.68 ( "Total Award "). Additional interest shall accrue
5 at the daily rate of $44.45 from and after November 24, 2008, until paid.
6 22. The Total Award shall be apportioned between Tramview Land Company and the
7 just compensation for defendant Taco Bell Corporation. Defendant Taco Bell Corporation shall be
8 entitled to a fixed sum of $75,000.00 which shall be payable from the Total Award and is not
9 additional compensation owed to said defendant by plaintiff.
10 23. By execution of the Stipulation in Support of Entry of Judgment and Final Order of
11 Condemnation, the defendants waive the right to trial, Statement of Decision, Notice of Entry of
12 Judgment in Condemnation and Notice of Entry of Final Order of Condemnation as to the Subject
a
cc e = 13 Property and the right and time for appeal.
.a ce tv N o 0 14 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Clerk of the Court
O � < � m N
o - 15 shall cause a warrant to be drawn from the funds on deposit with the court in the amount of
- El l 16 $75,000.00 and made payable as follows:
cc o N 17 TO: Taco Bell Corporation
18 c/o Law Offices of Herman H. Fitzgerald
19 345 Lorton Avenue, Suite 302
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co
m 20 Burlingame, California 94010
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21 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the Clerk of
22 the Court shall cause a warrant to be drawn from the funds on deposit with the court in the amount
C 23 of $290,000.00 and made payable as follows:
24 TO: Tramview Land Company
25 c/o Freeman, Freeman & Smiley, LLP
26 3415 Sepulveda Boulevard, Penthouse Suite 1200
mom
27 Los Angeles, California 90034
28 11/
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1 174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
110111 111
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11111 1111111 III 1111111 N11I 0111111 I10 I 81, 0
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1 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the balance
2 of the award remaining to be paid herein to defendant Tramview Land Company in the amount of
3 $1 63,960.68, together with the interest accrued from November 24, 2008 until said sutras are paid,
4 shall be paid by plaintiff and distributed outside of these court proceedings as follows:
5 TO: Tramview Land Company
6 c/o Freeman, Freeman & Smiley, LLP
7 3415 Sepulveda Boulevard, Penthouse Suite 1200
8 Los Angeles, California 90034
9 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the CIerk of
10 the Court of the County of Riverside is directed to cause a warrant to be drawn for any interest
11 which may have accrued on the funds previously on deposit in this action and made payable as
12 follows:
= ▪ O
c n § N 13 TO: Cathedral City Redevelopment Agency
i p kNN NN
1l1 • _NN
Q § a O 14 c/o Oliver, Sandifer & Murphy
4 a . N N 15 281 S. Figueroa Street, Second Floor
od
E = a f 16 Los Angeles, California 90012
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o N 17 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the payment
18 of the sums specified to the parties entitled thereto shall constitute payment in full for the real
19 property and fixtures and equipment items taken, accrued interest, loss of business goodwill, costs
20 of suit and litigation expenses, prejudgment interest, and for all damages or claims of any kind or
21 nature whatsoever suffered by defendants by reason of such taking.
22 IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the following
23 described real property is condemned in fee simple for the public use and purposes described in
24 the complaint, to wit, for the elimination of blight and redevelopment purposes, Agency to take
25 title to the real property, together with all improvements thereon free and clear of all liens,
26 encumbrances, easements, leaseholds, current and delinquent taxes and assessments of whatever
27 kind or nature.
28 ///
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174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
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1 PARCEL 687- 030 -056
2 Parcel 17 of Parcel Map 8635, in the City of Cathedral City, County of Riverside, State of
3 California, as per map recorded in Book 38, page(s) 65, 66 and 67, of Parcel Maps, in the Office
4 of the County Recorder of said County.
5 Together with that portion described as follows:
6 Beginning at the Northeast corner of said Parcel 17;
7 Thence South 32° 17' 37" West, 147.54 feet;
8 Thence South 56° 28' 22" East, 4.04 feet;
9 Thence South 24° 29' 29" West, 2.76 feet;
10 Thence South 55° 41' 00" East, 25.62 feet;
11 Thence North 32° 17' 37" East, 150.21 feet;
12 Thence North 55° 41' 00" West, 30.03 feet to the True Point of Beginning.
• 8 n $ = 13 EXCEPTING therefrom that portion conveyed to the City of Cathedral City by Deed
• g N N N
? O D 14 recorded August 3, 19 4, as Instrument No. 176088 of Official Records.
ri u � zt ;aa IS t` OQS
0 d - DATED:
& 16
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o N 17 1 ,
18 JUDGE OF THE S C cf1 '
19
20
21
22
23
24
25
26
27 11111111111111111111111111111111111 !1111111111111111111 2083 - 8018157
01114 9o1 EOM of le
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174155 JUDGMENT AND FINAL ORDER OF CONDEMNATION
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This must be in red to be a
"CERTIFIED COPY"
Each document to which this certificate is att b 1 ed o � c p yRT OF c
is certified to be a full, true and correct copy JQ � . ., .. R E A' ��2
original on file and of record in my office.
Superior Court of California. ® J` �"�
County of Riverside y1,1�.ti P!
: DEPUTY c0 1�`4- Cr; 41
OF ittiI•
te d:
Certification must be in red to be a
"CERTIFIED COPY"
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