No Recording Information (5) ! Linda D. Bartz, Bar No. 125804
Peggy J. McCarberg, Bar No. 108545
2 Of Counsel Dennis L. Shields, Bar No. 125183
Bartz & McCarberg LLP
3 1010 Second Avenue, Suite 1909
San Diego, CA 92101-4910 AUG 1 ] 1998
4 Telephone: (619) 237-5137
$ Attorneys for Plaintiff
City of Encinitas
6
NO FEE
7 GOVT. CODE
SECTION 6103
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN DIEGO
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NORTH COUNTY JUDICIAL DISTRICT
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CITY OF ENCINITAS, a public CASE NO. N78442-1
!9 agency,
STIPULATION FOR POSSESSION
~3 Plaintiff, PRIOR TO JUDGMENT AND ORDER
THEREON
~4 vs. CCP § 1255.410
15 EL CAMIN0 VILLAS, a California
General Partnership; et al., Assessor Parcel No.
16 262-073-25
Defendants. 262-073-03
17
~8
19 WHEREAS, Plaintiff City of Encinitas ("CITY"), has filed a
~0 Complaint in Eminent Domain to acquire the real property more
particularly described in Exhibit "A" to the resolution of necessity
(no. 98-47) attached to the complaint;
WHEREAS, CITY requires an order of possession prior to judgment
to coordinate the widening of Manchester Avenue with construction of
the Encinitas Athletic Complex, within thirty (30) days, or sooner;
~6
WHEREAS, California Code of Civil Procedure ("CCP") § 1255.410
~s //
1
authorizes possession prior to judgment in an eminent domain action;
and
WHEREAS, EL CAMINO VILLAS, a California general partnership
(~'OWNER") is the record owner of the subject property and does not
oppose such possession prior to judg~nent;
6
NOW THEREFORE, CITY, by and through its attorneys BARTZ &
?
McCARBERG LLP, and OWNER by and through its attorneys ASARO, KEAGY,
8
FREELAND & McKINLEY, hereby stipulate and agree that Plaintiff CITY
9
is authorized and empowered to take possession and use the real
l0
property described in Exhibit ~'A" and depicted in Exhibit "B",
attached hereto and incorporated herein by this reference and to
13 remove therefrom any and all persons, obstacles, improvements, or
14 structures of every kind or nature thereon situated, on August 11,
~5 1998, the stipulated date of possession; and
16 IT IS FURTHER STIPULATED and agreed that a Writ of Assistance
]7 and/or Possession shall issue ex parte upon declaration of Plaintiff
18 CITY showing that the owner(s) and/or occupant(s), if any, have
~9
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2 failed to deliver up possession of the property upon demand of the
3 Plaintiff pursuant to this order.
4 BARTZ &- McCARBER~
6 BF: L&nda D. B&rtz, A~ttorneys for
I, CITY
ASARO, KEAGY, FREELAND & McKINLEY
9 By: Richard L. Freeland:~ttorneys
for OWNER
l0
]l ORDER OF POSSESSION
Having read and considered the foregoing stipulation and good
cause appearing therefor, CITY is hereby granted immediate possession
of the subject property effective August 11, 1998 pursuant to CCP §
1255.410.
16 j. MOI~GAN LP.,STI~,
17 Junes OF THE SUPSHZOR COURT
18
19 The foregoing instrument is a full, true and correCt
20 copy of the original on file in this office.
Attest: hll~ 1 I 1998
m KENNETH E. MARTONE
Clerk of the Superior Court of the State of Californm.
22 ie and for the Cotmq~-of ~afi, Diep.
~ i'O. KOC~-a
2
3
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6
7
@
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10
1t
12
13
14
15
16
17
2O
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22
23
25
26
27
2S EXHIBIT 'A'
LEGAL 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 THAT 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 51~ 39' 0i" 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 BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, 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 SAN DIEGO 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 BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, 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 SAN DIEGO COUNTY, LYING SOUTHEASTERLY OF
THE NORTHWESTERLY LINE OF THAT PORTION THEREOF DESCRIBED IN
DEED TO BERMAN SWARTZ, RECORDED APRIL 6, 1972 AT FILE/PAGE
NO. 84954 IN SAID RECORDER'S OFFICE.
EXHIBIT ~A"
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 EXHIBIT 'B'