Kim, Tae U. et al - Amended Final Order of Condemnation
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ANDREW L. FABER, CA. STATE BAR NO. 61072
ACTING GILROY CITY ATTORNEY
REYNALDO A. DURAN, CA. STATE BAR NO. 154934
BERLINER COHEN
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113-2233
TELEPHONE: (408) 286-5800
FACSIMILE: (408) 998-5388
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ATTORNEYS FOR PLAINTIFF CITY OF GILROY
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APR 1 0 1995
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
28 court for the Defendants the sum ot s.;. -::-c:. ,'"
\346\ 186678.1
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19
Judgment ~n Condemnation having been entered in the above-
20 entitled action on March 31, 1995 in Santa Clara County California,
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21 judging that Plaintiff is entitled to take by cOQdemnation a 15 feet
22 by 100 feet subsurface sewer easement in the portion adjacent to the
23 western boundary of the property described in Plaintiff's Complaint
24 on file herein, that being a parcel of land described in the Grant
25 dee.d recorded at Pages 624 and 625 of Book 0584 of the Official
26 Records of Santa Clara County on April 11, 1978: and
27 In accordance with this Judgment, Plaintiff having deposited ~n
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IT IS HEREBY ORDERED that:
The property described above is taken for and condemned to
Plaintiff for the public purpose of the subsurface sewer easement
with a right of entry. This easement will vest in Plaintiff on the
date that a certified copy of this Final Order of Condemnation is
recorded in the Office of the Recorder of Santa Clara County
California.
The Plaintiff has taken possession of the real property
described above in accordance with the provisions of California Code
of civil Procedure sections 1243.4-1243.5, 1254, this possession
having been authorized on March 11, 1994.
Dated: fr prz I '-. I u,/9C?.r-
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SUPERIOR COURT
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\346\ 186678.1
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ANDREW L. .FABER, CA. STATE BAR:NO. 61072
ACTING GILROY CITY ATTORNEY
REYNALDO A.' DURAN, CA. STATE BAR NO. 154934
BERLINER COHEN
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN JOSEr CALIFORNIA, . 95l13~2233 ..
TELEPHONE: (408) 286-5800
FACSIMILE: (408) 998-5388
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6 ATTORNEYS FOR PLAINTIFF CITY OF GILROY
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
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10 CITY OF GILROY,
) No. CV 738777
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) JUDGMENT IN CONDEMNATION
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11 Plaintiff,
12 vs.
13 TAE U. KIM, KATHERINE E.O. KIM,
OLGA LOUDIS AND DIMITROS LOUDIS,
14 dba GILROY INN RESTAURANT, SOUTH
VALLEY NATIONAL BANK, a national
15 banking association, TICOR TITLE
INSURANCE and DOES 1 through 50,
16 inclusive,
17 Defendants.
18
This cause came on for hearing on March 10, 1995, in Department
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16 of the above-enti tIed court, Reynaldo A. Duran appearing for
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Plaintiff, and rv c:) OrJ-e-
appearing for Defendants.
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It appearing that Defendants TAE U. KIM, KATHERINE E.O.KIM, OLGA
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LOUDIS and DIMITROS LOUDIS, dba GILROY INN RESTAURANT, having been
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regularly served with process, having failed to appear and answer
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Plaintiff's Complaint filed herein, and the Default of these
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Defendants having been duly entered; on application by Plaintiff to
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the court, and after having heard and considered the evidence,
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IT IS ORDERED AND ADJUDGED that the payment Plaintiff deposited
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to the court for the benefit of Defendants on March 11, 1994, of the
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56"031004706020
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1 total., sum. ~ orf,'.. $4) 875 .,OO:~ :.condernnsc' the property described in
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2 Plaintiff's Complaint" - that being' a -portion of a parcel of land
3 described in the Grant deed recorded at Pages 624 and 625 of Book
4 D584 of the Qfficia~ Records of-Santa Clara County on April 11, 1978,
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5 including all improvements on the land, for the uses and purposes
6 stated in the Complaint.
7 IT IS FURTHER ORDERED AND ADJUDGED that the use for which the
8 property is sought to be condemned, a 15 feet by 100 feet subsurface
9 sewer easement on the portion of the Property directly adjacen to the
10 western boundary, with right of entry, is authorized by law and as
11 a public use, and that the taking and condemnation is necessary for
12 that public use.
13 IT IS FURTHER ORDERED AND ADJUDGED that the payment to court of
14 the sum of money specified above is in full payment for the interest
15 and land so taken, together with all improvements on the land, and
16 for all damage of every kind and nature the Defendants suffered
17 because of the taking of the property.
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IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff having
19 deposited in court for the Defendants the sum of $4,875.00, the
20 property described in Plaintiff's Complaint is taken for and
21 condemned .to Plaintiff for the public purpose of F subsurface sewer ·
22 easement with right of entry. Such interest will vest in Plaintiff
23 on the date that a certified copy of this Judgment and Final Order
24 of Condemnation is recorded in the Office of the Recorder of Santa
25 Clara County California.
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Dated:
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JUDGE OF THE SUPERIOR COURT
\284\ 1156'1.-1
55-031094706020
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LITIGATION GUARANTEE
SCHEDULE A
Your Reference:
Dated:
March 3, 1994
at 7: 30 AM
Order No.
Fee:
Liability:
738264 LAD
$1,800.00
$30,000.00
1. Name of Assured:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is:
An Easement
3. Title to said estate or interest at the date hereof is vested in:
As to Parcel. One: Tae Uhn Kim and Katherine O. Kim, his wife, as Joint Tenants
As to Parcel Two: Anna Evelyn Bordenave
4. The land referred to in this Guarantee is situated in the State of California, County of SANTA CLARA
and is described as follows:
See Attached Description
UTIGA-<l2/27/92-lrc
DESCRIPTION
Page
1
Order No.
738264
LAD
All that certain Real Property in the County of Santa Clara, State of California,
described as follows:
Parcel One:
An easement for underground sanitary sewer pipelines, connections, manholes and such
other appurtenances in connection therewith, on, over, under and across certain
property located in the City of Gilroy, County of Santa Clara, State of California,
more particularly described as follows:
Being a portion of that certain parcel of land described in the Grant Deed recorded
at Pages 624 and 625 of Book D584 of the Office Records of Santa Clara County on
April 11, 1978;
A fifteen (15) foot wide strip of land that lies east of and contiguous to the
following described property line:
Beginning at the most Southwesterly corner of parcel described in Deed filed April
11, 1978, Book D584 Official Records of Santa Clara County at Pages 624 and 625,
located in the Office of the Recorder of Santa Clara County. Also being the
intersection of the Northerly line of Tenth Street and the Westerly line aforesaid
parcel;
Thence along last said Westerly line Northwesterly and N. 200 19' 11" W., a distance
of 100 feet to the terminus which is the Northerly line of aforesaid parcel.
Parcel Two:
All that certain Parcel of Land lying Northwesterly of the Northwesterly line of W.
Tenth Street and Southwesterly of the Southwesterly line of the Parcel of Land
described as Parcell in the Deed from Anna Evelyn Bordenave to Marvin E. Moos, et
ux, recorded July 17, 1975 in Book B508 Page 133, Santa Clara County Records, as
follows:
Beginning at the point of intersection of the Southwesterly line of Monterey Street,
as said Southwesterly line was established by Deed from Harold C. Crow, et ux, to
State of California, dated April 11, 1949 and recorded May 11, 1949 in Book 1785 of
Official Records, Page 488, with the Northwesterly line of Tenth Street; thence along
said Southwesterly line of Monterey Street, North 200 19' 11" West 80.44 feet to the
intersection thereof with the line dividing Lots 6 and 8 in Block 4 South, Range 1
West as shown upon the Map hereinafter referred to; thence along said dividing line
Southwesterly 149.09 feet to the most Westerly corner of that certain parcel of land
conveyed by Deed from Susan W. Gosbey, as administratrix of the estate of Susan
Rucker, deceased, to Gwendolyn Crow, dated June 30, 1936 and recorded July 18, 1936
in Book 780 of Official Records, Page 417; thence along the Southwesterly line of
said parcel of land so conveyd to Gwendolyn Crow, Southeasterly 80.80 feet, more or
less, to the most Southerly corner thereof on the Northwesterly line of Tenth Street;
thence along said line of Tenth Street Northeasterly 149.21 feet to the point of
beginning and being a portion of Lot 8 in Block 4, South Range 1 West, as shown upon
Map No.5, accompanying Report of the Commissioners in Henry Miller, et aI,
Plaintiffs, vs. Massey Thomas, et al Defendants in the Superior Court of the State of
California, in and for the County of Santa Clara, Case No. 5536; and lying
Northeasterly of the Northeasterly line of the parcel of land described in the Deed
DESCRLG-<l3/02/92,lrc
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DESCRIPTION
Page 2
Order No.
738264
LAD
from Harold C. Crow, also known as Harold Cornell Crow and Gwendolyn T. Crow, his
wife, to Druid's Hall Association of Gilroy recorded August 19, 1957 in Book 3870
Page 115, Santa Clara County Records, as follows:
Beginning at a pipe in the Easterly line of Eig1eberry Street, distant thereon
Northerly North 200 00' West 81.41 feet from the intersection of the said Easterly
line with the Northerly line of Tenth Street; thence Easterly and parallel with Tenth
Street North 700 00' East 81.00 feet to a pipe; thence Southerly and parallel with
Eigleberry Street South 200 00' East 81.41 feet to a pipe in the Northerly line of
Tenth Street; thence along the said Northerly line North 700 00' East 69.00 feet to a
pipe; thence Northerly and parallel with Eigleberry Street North 200 00' West 141.92
feet to a pipe; thence Westerly and parallel with Tenth Street South 700 00' West
150.00 feet to a pipe in the Easterly line of Eigleberry Street; thence along the
said Easterly line South 200 00' East 60.51 feet to the point of beginning.
DESCRLG-03/02/92-lrc
'.
LITIGATION GUARANTEE
SCHEDULE B
Your Ref: Order No.
EXCEPTIONS:
1. Taxes for the fiscal year 1994-95, a lien not yet payable.
738264
LAD
2. General and Special Taxes and Assessments, if any, for the fiscal year
1993-94
Assessment No.: 799-11-033
Code No.: 02-000
First Installment: $522.16 Paid
Second Installment: $522.16 Due and Payable
Assessed Valuation Of
Personal Property: NONE
Homeowners Exemption: $None
3. The Lien of Supplemental Taxes, if any, assessed pursuant to the prov1s1ons
of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation
Code of the State of California.
4. Water Rights, Claims or Title to Water, whether or not the matters are shown
by the public record.
5. Any easements not disclosed by those public records which impart
constructive notice which are not visible and apparent from an inspection of
the surface of said land.
6. An easement affecting the portion of said land, the exact location thereof
cannot be ascertained of record, and for the purposes stated herein, and
incidental purposes,
In Favor Of:
For:
Recorded:
City of Gilroy
Pole Line
September 19, 1916 in Book 449 of Deeds at Page 44
7. An Agreement, affecting said land, for the purposes, stated herein, upon the
terms, convenants and conditions referred to therein, between the parties
named herein
For:
Dated:
Executed By:
Recorded:
Pole Line Agreement
May 10, 1916
City of Gilroy and Max J. Crow
September 16, 1916 in Book 449 of Deeds at Page 44
8. An Action in the Superior Court
Entitled:
City of Gilroy, Plaintiff VS. Tae U. Kim, Katherine
E.O. Kim, Olga Loudis and Dimitros Loudis, dba Gilroy
UTlGB-7/18/92-BK
Page
1
Your Ref:
LmGATION GUARANTEE
SCHEDULE B
(Continued)
Order No.
738264
LAD
Case No.:
Nature of Action:
Affects:
Inn Restaurant, South Valley National Bank, a National
Banking Association, Ticor Title Insurance and DOES 1
through 50, inclusive, Defendant
CV738777
To acquire under the laws of eminent domain certain
real property or interest, for the repair, operation
and maintenance of a sanitary sewer pipeline
Underground sanitary sewer pipelines, connections,
manholes and such other appurtenances in connection
therewith, on, over, under and across certain property
located in the City of Gilroy, County of Santa Clara,
State of California, more particularly described as
follows:
Being a portion of that certain parcel of land described in the Grant Deed
recorded at Pages 624 and 625 of Book D584 of the Office Records of Santa
Clara County on April 11, 1978;
A fifteen (15) foot wide strip of land that lies east of and contiguous to
the following described property line:
Beginning at the most Southwesterly corner of parcel described in Deed
,filed April 11, 1978, Book D584 Official Records of Santa Clara County at
Pages 624 and 625, located in the Office of the Recorder of Santa Clara
County. Also being the intersection of the Northerly line of Tenth Street
and the Westerly line aforesaid parcel;
Thence along last said Westerly line Northwesterly and N. 200 19' 11" W., a
distance of 100 feet to the terminus which is the Northerly line of
aforesaid parcel.
Notice of Pendency of said action was Recorded March 4, 1994 in Book N333
at Page 1152, Official Records.
Said matter affects: Parcel One
9. Any claim or allegation that may arise from the fact that the interest to
be acquired in the action referred to in Item #6 above is not clearly
stated therein.
10. Certificate of amount of unsecured property tax and penalties:
Against:
Amount:
Tax Year:
Assessment No.:
Recorded:
Kim Tae U
$35.60
1979
71136
March 26, 1982 in Book G690 at Page 583 of Official
Records
UTIGBC-7/18/92.BK
Page 2
. ,
LITIGATION GUARANTEE
SCHEDULE B
(Continued)
Your Ref:
Order No.
738264
LAD
Instrument No.:
Return Address:
7323493
70 WEST HEDDING ST., SAN JOSE, CA. 95110-1767
Be/OOl
UTIGBC-7/18/92-BK
LmGATION GUARANTEE
SCHEDULE C
Your Ref:
000738264
738264
LAD
The necessary parties (other than those having a claim or interest by
reason of matters shown in Exceptions numbered 1 through 9, inclusive)
to be made defendants in an action to acquire under the laws of Eminent
Domain Certain Real Property or Interests for the repair, operation and
maintenance of a sanitary sewer pipeline
subject to the exception listed above, to be brought by City of Gilroy
as plaintiff, are as follows:
Tax Collector
70 West Hedding Street
County Government Center East Wing
San Jose, California 95110
UTIGC-07/16/92-BK
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