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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 9 FOR THE COUNTY OF SAN DIEGO 10 NORTH COUNTY JUDICIAL DISTRICT 11 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 // 20 // // // // // // // ! 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 4 5 6 7 @ 9 10 1t 12 13 14 15 16 17 2O 21 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'