1999-626913 (2) sss? DOC J~ 1999-0626913
C~TY OF ENC~N~T. aS ~: 0.~
~ w a ~ ~1[ TO:
~o~o SECOND aWNUZ
SUITE 1010
SAN DIEGO,
NO FEE GOV'Z CODE SECTION 5i03
FINAL ORDER OF CONDEMNATT~N
Tllle of Documenl
THIS AR E_ FOR
use OI L¥
PAGE ADDED TO PROVIOE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies}
Nar-21-O0 O2:22P L~nda~[[[~artz & Associates 619~[~7 5110 P.06
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2
6
NO ~
7 ~V' T COD[ ~ 6[03
8 SUPERIOR COU~T OF THE STATE OF C~IFO~IA
9 F~ T~E CO~TY OF S~ DIEGO
10 NORTH CO~ ~DIC~ DISTRICT
1~ CITY OF ENCINIT~, a p~lic ~E ~ER: N078442-1
· 2 agency,
13 . Plaintiff, FI~ ORDER OF CONDE~ATION
~4 v. Assessor Parcel Nos.:
262-073-25
· 5 EL ~INO ViL~S, et al., 262-073-03
16~ Defendants. I/C: Hon. Michael M. ~ello
17
18 A Jud~ent in conde~ation 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
IT ~?~ING to the satisfaction of the Cour~ ~hat
23
Plaintiff, THE CITY OF'ENCINITAS ("CITY"), has paid the total s~
24
of TWo MILLION O~ ~D~D FIFTY THOUS~D DOL~s
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
28 property described in the Complaint in Eminent Domain as Assessor
_ i
Mar-21-00 02:22P Linda~kartz & Associates 619 }7 5110 P.07
5899
Parcel Nos. 262-073-25 and 262-073-03.
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
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
13 incorporated herein by this reference as if set forth in full at
this point.
14
15 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a copy of
16 this Final Order of Conde~ation 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 //
23
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.Mar-21-O0 02:23P Lind~ ~rtz & Associates 619~7 5110 P 08
5900
and Geoffrey Mavis, against said property ~hal~ be ter~±n~ted,
canceled and ext±n~u±sbed.
o~o~
IT IS SO 0~DERED.
DAT~;D: C~.._~ ~.999 t~iCHA~L M ~"-' ";
~GE OF T~E SUPERIOR COURT
8 ~PRO~D ~ T0 F0~ ~D CONTENT:
LIN .~TZ & ASSOCIATES
At~y~ for Plaintiff City
En~tas
13
14 ~0, ~GY, F~E~D & McKINLEY
15 Dated: ~,~ / ~ , 1999 By:,~~ ~ ~~
16 ~. oscoe D. K~agy, Esq]
Attorneys for Defendants E1 C~ino
17 Villas
lS
19
~ hr?:":~ i~e~ ~ I full, t=~
C~:',~ d t~e Sup~ri~ C~ o~ the State of C;li~m~~
22 ~ .nd f~r tha Coun~ of San Die~
24
25
26
27
-- 3
.Mar-~21-00 02:23P Linda ~rtz & Associates 619 ~7 5110
EXHIBIT "A"
LEGAL DESCI~IPTION
THE NORTHERLY 668.00 FEET 0P THE SOUT}{ 3/4 OF THE NORTh-WEST
QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE ¢ WEST, SAN
BERNARDINO F~ERIDIAN, 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 T}{E NORThT~EST QUAR'r=a OF SECT/ON 25,
EXCEPTING THEREFROM TEAT PORTION LYING SOUT~EAST£RLY OF A
LIITE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH F~LF OF
THE NORTHEAST QUARTER OF THE NORTh'WEST QUARTER, DISTANT
THEREON 725.18 FEET FROM THE NORTHEAST CORNER OF SAiD SOUTH
HALF; BEING A POINT ON THE SOUT~EASTEHL¥ R.T~HT.O~ WAY LINE
OF PROPOSED MANCHESTER AVENUE; T~{ENCE 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
PARCEL NO. 77-0336-A
ALL THAT PORTION OF THE SOUTHWEST QUAP~T~.R OF T~ NORTHEAST
QUARTER OF THE NORTH~4EST Q~JARTER OF SECTION 25. TOWNSHIP 13
SOUTH, ~A/gGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEE~ 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 SAR DIEGO COUNTY.
PARCEL NO. 77-0731-A
ALL TEAT PORTION OF THE NORTHERLY 668.00 FEET OF THE SOUTH
3/4 OF THE NORTHWEST QUARTER OF SECTI~ 25; TOWNSHIp 13
SOUTh{, R~NGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEED TO
FRANCES M. BREWER, ~CORDED FEBRUARY 6,~ 1976 AT FILl/PAGE
NO. 76-037272 OF OFFICIAL 'RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAN' DIEGO COUNTY, LYING SOUTHEASTERLY OF
THE NORT}{WESTERLY LINE OF THAT PORTION TH~REOF DESCRIBED IN
DEED TO BER/4AIg SWARTZ, RECORDED APRIL 6, 1972 AT FILE/PAGE
NO. 84954 IN SAID ~CORDER'S OFFICE.
EX}{IBIT
Mar-21-oo 02:23P Linda~artz & Associates 619~7 ..5110 P.11
EXHIBIT ~B"
Mar-20-O0 02:24P Linda Bartz & Associates 619 237 5110
1211 EMINENT DOMAIN LAW
Library References
Within. Summary (9th ed) Coast l..~w § 1039.
W'itkin, Prn¢~dure (,4*th ed) Attack {{ 2.
IA/iddm Procedure (4lb cd) En,rJudgm {) 23. 401.
Wltki~. Procedure (4th ed) Wtir~ ))
§ 1268.(LI0. Final order of condemnation; contents
ia) Upon application ut' any par(y the c~urt shall make a final
order of condemnation it' r~e full amount or' the judgment bas
been paid as requited by Section 1268,010 or satisfied pursoant
to Section 1268.020.
(b) Thc final order of condemnation shall describe the
property taken and idcntif7 the judgment authorizing thc taking.
...J(c) The pat~y upon whose application the order was made
shall )eryc notic~ of the making nf the order on ail other pariics
..m~, noted thereby. An)' putty affected ~), the order may thercut'-
~ .record a certified copy of thc order in thc o~ce nF thc
.i~cordet o~ the Coun~ in which thc properS, iR located and shall
-.s~~tye notice of recordation upon all other partic~ affected
tliereby. ~tv vcsr~ in the nlaintifF.r~)n ~llc datq
Mar-20-O0 02:24P Linda Bartz & Associates 619 237 511p
12ll
Lib~ Refe~nc~s
Witk~n. Summa~ (9~ ed) Co~t Law ~ 1039.
Witki~L Peo~durc (4th ed) A~tack ~ *
Wi~gim Proc=date (4Ih cd} EnfJudgm ~ ~3. ~1.
Wl~m Pr~ug {~t~ ~} W~ } 124.
~ 1268.050. Fiaml a~r ae~udemuatioa; coa~,a~
{a) Upon application of any pa~. ~e ~un s~l m~ke a final
o~cr of condemnation if the full amount of the judgment has
been paid as requi~ed by Section 1268.010 or satisfied pursuant
~ 5gction 1268.020.
(b) ~ [lnal order of condemnation shall d~g~ the
p~pe~ mkgn and id~nti~ ~ judgment author~ing the taking.
..,~(~) ~e party u~n whose applicat~n the order wm made
~ se~e notic= of the ma~ng of the order on all other p~i~
~ecmd thereby. ~y pa~ affected ~y ~e order may ~hercuf-
~} record a certified co,,of ~hc order in the o~ of ~hg
· ~?der of ~e Counw in which the -rone~ '.
· ;~. not,ce or rccordat,on upon ail
~ereby. Tide tn ~e ?~r~ vests in the nlaimiff u~)n :he da~e
~ (Added ~ fta~t197~, c. 1275. p~
LINDA BARTZ & ASSOCIATES
Attorneyf st Law · Condemnsfioa Law Center
1010 So:omi Aw, nut. Suil~ 1010
· SanDiego, CA 92101
Tck:J~one: (619) 23%5137
t
From f~x no. (619)
DATI~: 3-21-00 TIME: '~20 a.mr./pm.
TO: J~ S~ ~ ~, Ci~ of En~
F~ NO.: (7~) 633-2627
ff~m ~ ~ P~I~ ~ ~ ~n, ~ ~ (619) ~.$137 ~ ~ ~
~S ~GE IS ~ r~ O~Y FOR ~ USE OF ~ ~U~ OR ~ TO
~CH ff IS ~D~SED ~D ~Y CO~ ~O~ON ~T IS P~,
CO~~ ~ ~ FO~ DISCLOS~ ~ APP~C~ ~W.
BY ~ ~'[~D~D ~ ~ NOT CONS~ A W~VER OF ~ ~PLIC~LE
P~E.
~ge ~ ~ ~ ~Pi~ ~u ~ ~ ~ ~ ~ ~ ~on ~ ~ ~
~ ~m~ x~~v~U~ Sm~ ~
~A~ YOU.
Mar-21-00 02:21P Linda ;arts & Associates 619 ~7 5110 P.02
Linda Bartz & Associates
Attorneys at Law · Comienum~on Law Center
1010 Second Av~,~e, Suite 1010 Telephone: (619)237-$137
San Diego, CA 92101-4904 Facsimile: (619) 237-$! 10
Real Fmtate ·Emtnent Domain · Civil litigation ,~ Public .4goncie$ · Redevelopment
I~laD. Banz
Of Caunstk
De~a L.
March 21, 2000 Nancy~Jonea
VIA FAUSIM/LE ¢750! $33-~627 ONLY
Jace C. $chwarm, Risk Manager
City of gnc±nitas
505 S. Vulcan Avenue
Encinitas, CA 92024
Re: C±tv of Enc±n±tas v. E1 Cnmino Villas, et al,
SDSC North County Case NO. N078442-1
Enclosed please find: Copies of the letter to Deborah Cervone
dated September 29, 1999, and the recorded Final Order of
Condemnation.
__ For your review.
XX Per your request.
-- For your information and files.
Via Certified Mail return receipt requested.
~ Please Sign and return. Retain copy for your files.
_XX_ Other: The Final Order was recorded on September 13, 1999
which is the date the City received title to the property.
If you require additional information, please contact our
Sincerely yours, ,,/
Kris Boggis /~! '
Paralegal to '~'.inda D. Bartz
Mar-~l-OO 02:22P artz & Associates 5110 P.03
Linda Bartz & Associates
Attorneys A{: Law · Condemnation Law Center
1010 Second Avenue, Sui:e 1010 Tel (619) 237-5137 4, Fax (619) 237-5110
San Diego, CA 92101-4904 .
R~al ~.$tate .~ £mt'nent l~omain · Cirri Litigation · Public Agenc~e~ ~ R~de~eiwarnent
Linda D. Bartz
Of Co,mse{:
September 29, 1999 Denn~ L. Shields
Nancy M. )ones
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Deborah Cervone, City Clerk
City of Encinitas
505 $. Vulcan Avenue
Encinitas, CA 92024
Dear Ms. Cervone:
CITY OF ENCINITAS v. EL CAMINO VILLAS, et al.
San Diego Superior Court Case No. N-078442-~
North County Branch
Enclosed is the original recorded cody of the Final Order of
Condemnation in the abov%-entitled action which was authorized by
Resolution of Necessity No. 98-47. Said Final Order was recorded
on Septer~ber 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.
Siacerely yours,
Linda DI. Bart..
Enclosure
cc: Jace Schwarm, Risk Manager
David Wigginton, Community Services Director
County Tax Collecto~ (w/enclosure)
Nar-21-O0 02:22P Linda~artz & Associates 619~37 5110 P.04
Z 293 825 4~7
Receipt for Ce~tfled Mail
~ not ~o for Ir -~ ~11 ~S. ~ml
/,
SENDER:
card ~0 you f011~winu settees (for ~1
3 Ami-I .... , O~n~m ~stmasmr tnt fee.
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