1998-453032RECOR.D[NO REQUESTED BY:
AND WHEN RECORDED MAIL TO:
(Please fill in document title(s) on ~he thLs linc)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
984 F'
1
JUL 1' 1998
5 By: O. SIMS, Deputy .~/
7
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. N-075449-1
agency,
12 FINAL ORDER OF CONDEMNATION
Plaintiff,
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14
MICHAEL F. GARRISON, Trustee I/C JUDGE:
15 under the Michael Fo Garrison Hon. David B. Moon, Jr.
Family Trust UDT dated May 6,
16 1989;. et al.,
Defendants.
17
18
A Judgment of Condemnation having been entered in the above-
19
entitled action pursuant to California Code of Civil Procedure
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91 (~CCP") Section 668.5, in the County of San Diego, State of
22 California; and
IT APPEARING to the satisfaction of the Court that Plaintiff,
City of Encinitas ("CITY"), has paid the total amount of TWO HUNDRED
EIGHTY FIVE THOUSAND DOLLARS ($285,000), as the total amomnt of just
26
27 compensation awarded by the Court for all the interests of the
28 Defendants in the real property described in the Complaint in Eminent
Domain as Assessor Parcel No. 254-363-16.
IT IS ORDERED, ADJUDGED AND DECREED that the following described
real property is conder~ned to become the property of CITY:
The Westerly 100.0 feet of Lot 30 of Hillside Acres, in the
City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 1992, filed in the
Office of the County Recorder of San Diego County, January
25, 1927 .
EXCEPTING THEREFROM that portion described as follows:
9
Beginning at the Southwesterly corner of said Lot 30;
l0 thence along the Westerly 1 ine of said Lot 30, North
00°11'26" East 16.94 feet; thence leaving said Westerly
l!
line South 84°11'53" East 100.43 feet; thence South
12 00°11'26" West 7.69 feet to the Southerly line of said Lot
30; thence along said Southerly line North 89°28'48" West
!3 100.00 feet to the point of beginning.
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IT IS FURTHER ORDERED, ADJLrDGED AND DECREED that a certified
!5
copy of this Final Order of Condemnation shall be filed in the office
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the County Recorder of the County'of San Diego, State of California,
!7
!8 and upon filing, full title in fee simple absolute to the entire
!9 property, Assessor Parcel No. 254-363-16, shall vest in CITY, its
successors and assigns, and that all liens and encumbrances of
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II
25 II
II
II
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;
! whatsoever nature against said property shall be terminated, canceled
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and extinguished.
4 Dated:
$ JUDGE OF THE SUPERIOR C~ T
Final Order of Condemnation
A~ROV~D AS TO ~0~: ~ENNETH E. ~TO~
~k ~ ~e S~m~ Court, t~e ~t~te o{ Cafifornia,
B~TZ& McC~BER~ LLP ~--
A~to~neys for Plaintiff,~
1~ TH~CITY OF ENCINITAS
]5 Attor~e~ S~qci~lly ~earin~ for
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17
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I~d~,~y and as Trustee of
~0 Trust ~T dated ~a7 6,
23
g6
~7
~8
BARTZ & M¢CARBERG LLP
Aq-FORNEYS AT LAW
1010 SECOND AVENUE, SUITE 1909
LIN DA D, BAR'T-/ SAN DIEGO, CAL]FORNIA 92101-4910
PEGGY J. McCARBERG TELEPHONE (619) 237-5137
FACSIMILE (619) 237-51 l 0
DENNIS L. SHIE~_DS, OF COUNSEL
DATE: August 10, 1998
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 ENCINTAS v. GARRISON. et al.
San Diego Superior Court Case No. N-075449-1
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. 97-61. Said Final
Order was recorded on July 21, 1998, No. 1998-0453032 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.
Sincerely yours,
Kris Boggis . ~.~-
Paralegal to Llnda D. Bartz
Enclosure
cc: Lloyd Holt, Sr. Civil Engineer
County Tax Collector (w/enclosure)