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1999-626913Linda Bartz & Associates Attorneys At Law ~, Condemnation Law Center I010 Second Avenue, Suite 1010 Tel (619) 237-5137 · Fax (619) 237-5110 San Diego, CA 92101-4904 Real Estate ~. Eminent Domain ~' Civil Litigation '~ Public Agencies ~, Redevelopment Linda D. Bartz Of Counsd: September 29, 1999 Dennis L. Shields Nancy M. Jones VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Deborah Cervone, City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 Dear Ms. Cervone: CITY OF ENCINITAS v. EL CAMINO VILL~q~ et al. San Diego Superior Court Case No. N-078442-1 North County Branch Enclosed is the original recorded copy of the Final Order of Condemnation in the above-entitled action which was authorized by Resolution of Necessity No. 98-47. Said Final Order was recorded on September 13, 1999, No. 1999-0626913 of Official Records of the San Diego County Recorder. As you know, the Final Order of Condemnation has the same effect with reference to acquisition of City property as does a deed conveying property. It is therefore suggested that this Final Order of Condemnation be documented and filed for safekeeping in the same fashion as are deeds. Si/ncerely yours, da D. Enclosure cc: Jace Schwarm, Risk Manager David Wigginton, Community Services Director County Tax Collector (w/enclosure) S:\LB&A\Crume\Correspondence\Cervone trans ltr re final order.wpd " ~? D~E 1999-0626915 8EP 15, igc9 .~:55 F'M OFFI~I~ E~ P~SE COMPLETE THIS INFORMATION ~ D[E~ ~TY E~R'S 0FFI~ RECORDING EEQUESTEO BY: ~G~ J. ~I~, ~Y E~  SAN DIEGO, CA 92101 1ggg-~26913 _~ .o ~s~ cov'~ co~ s~c~o, e~o3 FINAL ORDER OF CONDEMNATT©N Title of Document FOR THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3,00 Additional Recording Fee Applies) 589 6 NO FEE 7 GOV' T CODE ~ 6103 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 NORTH COUNTY JUDICIAL DISTRICT 11 CITY OF ENCINITAS, a public CASE NUMBER: N078442-1 agency, 12~ 13 . Plaintiff, FINAL ORDER OF CONDE~4NATION 14 v. Assessor Parcel Nos.: 262-073-25 15 EL CAMINO VILLAS, et al., 262-073-03 16 Defendant~. I/C: Hon. Michael M. Amello 17 18 A Judgment in Condemnation having been entered in the 19 above-entitled action pursuant to California Code of Civil 20 Procedure Section 668.5, in the County of San Diego, State of 21 California; and 22 IT APPEARING to the satisfaction of the Court that 23 Plaintiff, THE CITY OF ENCINITAS ("CITY"), has paid the total sum 24 of TWO MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS 25 ($2,150,000.00), as the total amount of just compensation awarded 26 by the Court for all the interests of the Defendants in the real 27 property described in the Complaint in Eminent Domain as Assessor 28 1 Final Order of Condemnation.w~d · 5899 1 Parcol Nos. 262-073-25 and 262-075-03. 2 IT IS ORDERED, ADJUDGED AND DECREED that the following 3 described real property is condemned to become the property of 4 CITY for the uses and purposes set forth in the Complaint, to 5 wit: acquisition of a fee simple interest for public park, 6 recreation and open space improvements, and appurtenances in 7 connection with the Encinitas Athletic Complex, located in the 8 vicinity of Manchester Avenue and E1 Camino Real. Said real 9 property is located in the County of San Diego, State of 10 California, and is more particularly described in Exhibit "A" and 11 depicted in Exhibit "B" which are attached hereto and 12 incorporated herein by this reference as if set forth in full at 13 this point. 14 15 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a copy of 16 this Final Order of Condemnation shall be filed in the office of 17 the County Recorder of the County of San Diego, State of 18 California, and upon filing, full title to the above-described 19 real property shall vest in CITY, its successors and assigns, and 20 that all liens and encumbrances of whatsoever nature except 21 easements of records in favor of the City of Escondido and Paul 22 II 23 II 24 II 25 II 2~ II 27 II 28 2 Final Order of Condemnation.wpd -" 5900 1 and Geoffrey Mavis, against said property shall be terminated, 2 canceled and extinguished. 3 4 ORDER IT IS SO ORDERED. 5 6 DATED: ~ ' ~ , 1999 [,~](:::HAEL M. At~LL~_~"- 7 JUDGE OF THE SUPERIOR COURT 8 APPROVED AS TO FORM AND CONTENT: 9 LINDA BA~TZ & ASSOCIATES Dated: , ~-- , 1999 By: 1'1 ' [ L~nda D. Bartz, Esq. Att~.or~ys for Plaintiff City of 12 En~i~It as 13 14 ASARO, KEAGY, FREELAND & McKINLEY 15 Dated: ~"~/. / ~_ , 19~9 By: R~D~ 16 ~., oscoe . Keagy, Esq. Attorneys for Defendants E1 Camino 17 Villas 18 19 '~'~ f ..... :~2 i:strument Is a iu]l true ~n~ 2 0 CC.:)' ~,' the original on file in t,~,is office. 2 i ~le~.,~;~f~t;~.~s a~r,o, Court of the State of C~ 22 in and for the County of San Diego. 3 Final Order of Condemnation.wpd 5901 EXHIBIT 590'2 LEC~AL DESCRIPTION THE NORTHERLY 668.00 FEET OF THE SOUTH 3/4 OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25. EXCEPTING THEREFROM T~AT PORTION LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT THEREON 725.18 FEET FROM THE NORTHEAST CORNER OF SAID SOUTH HALF; BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF PROPOSED MANCHESTER AVENUE; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 512 39' 01# WEST TO THE WEST LINE OF SECTION 25. ALSO EXCEPTING THAT PORTION DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JULY 7, 1978, RECORDER'S FILE NO. 78- 283319 OF OFFICIAL RECORDS, SET OUT AS FOLLOWS: PARCEL NO. 77-0336-A ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINOM~RIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFOKNIA, DESCRIBED IN DEED TO FRANCES M. BREWER, RECORDED FEBRUARY 6, 1976 AT FILE/PAGE NO. 76-037272 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY. PARCEL NO. 77-0731-A ALL THAT PORTION OF THE NORTHERLY 668.00 FEET OF THE SOUTH 3/4 OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BEENARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEED TO FRANCES M. EREWER, RECORDED FEBRUARY 6, 1976 AT FILE/PAGE NO. 76-037272 OF OFFICIAL 'RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF T~AT PORTION THEREOF DESCRIBED IN DEED TO BERMAN SWARTZ, RECORDED APRIL 6, 1972 AT PILE/PAGE NO. 84954 IN SAID RECORDER'S OFFICE. EXHIBIT ~A" EXHIBIT "B"