1998-394509 ~PLEAS['GOMPLETE THIS INFORMATI
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO: 70 ~ Cj{~ '.g~:ii ": "'"
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(Please fill in document rifle(s) on the this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
Rec. Form #R25 (7/3/97)
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' 706 F '
~ JUN 1 6 1998
a 1~: C. KO~. ~
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN DIEGO
10 NORTH COUNTY JUT)ICIAL DISTRICT
11 CITY OF ENCINITAS, a public CASE NO. N-075452-1
agency,
12 FINAL ORDER OF CONDEMNATION
Plaintiff,
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14 Assessor Parcel No.
CHRIS A. VYENIELO and ANNE C. 256-164-37
15 VYENIELO, et al.,
I/C JUDGE:
16 Defendants. Hon. J. Morgan Lester
18 A Judgment of Condemnation having been entered in the above-
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entitled action pursuant to California Code of Civil Procedure
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("CCP") Section 668.5, in the County of San Diego, State of
California; and
23 IT APPEARING to the satisfaction of the Court that Plaintiff,
24 City of Encinitas ("CITY"), has paid TWO HUNDRED FORTY FIVE THOUSAND
DOLLARS ($245,000.00), as the total amount of just compensation for
all the interests of the Defendants in the real property described in
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the Complaint in Eminent Domain and in ~he remainder property, all
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commonly referred to as Assessor Parcel No. 256-164-37.
IT IS ORDERED, ADJUDGED AND DECREED that the following described
real property is condemned to become the property of CITY:
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5 Lot 23 in Block G of Avocado Acres No. 4, in the City of
Encinitas, County of San Diego, State of California,
6 according to Map thereof No. 2118, filed in the Office of
the County Recorder of San Diego County, July 3, 1928.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified
copy of this Final Order of Condemnation shall be filed in the office
the County Recorder of the County of San Diego, State of California,
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and upon filing, full title in fee simple absolute to the entire
property, Assessor Parcel No. 256-164-37, shall vest in CITY, its
14 successors and assigns, and that all liens and encumbrances of
15 whatsoever nature against said property shall be 'terminated, canceled
16 and ~xtinguished. '
17 Dated:
Final Order of Condemnation
APPROVED AS TO FORM:
Bartz & McCarberg LLP
25 ~io~n~inda D. Bartz,}~i~f~E .
26 A%t eys for Pla ity of
Encinitas
~7
98
2
708
Final Order of Condemnation, continued
APPROVED AS TO FORM:
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Detisch & Christensen
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6 By: ·
~u~i~d W. -Det~sch,~ Es~.
7 Attorneys for Chris A. and A_nne
C. Vyenielo
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l0 Schreiber & Shiff
l!
13 Attorneys fo~.~ndale ~ederal Bank,
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BARTZ & McCARBERG LLP
ATTORNEYS AT LAW
1010 SECOND AVENUE, SUITE 1909
LIN DA D. BART/ SAN D[EGO, CALIFORNIA 9210 ~ -4910
PEGGY J. McCARBERG TELEPHONE (619) 237-5 ~ 37
FACSIm[LE (619) 237-5110
DENNIS L. SHIELDS, Of COUNSEL
DATE: July 31, 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. VYENIELO. et al.
San Diego Superior Court Case No. N-075452-1
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 June 26, 1998, No. 1998-0394509 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.
Sin~ely yours,
cc: Lloyd Holt, Sr. Civil Engineer
County Tax Collector (w/enclosure)