1997-439628~LEASE CONfPLE'fE THIS
RI~CORDI~O R~QUES~D BY:
CITY OF ENCINITAS
AND WI{ENRECORDEDNfAILTO:
LINDA D. BARTZ
BARTZ & McCARBERG LLP
1010 SECOND AVENUE
SUITE 1909
SAN DIEGO, CA 92101-4910
649
8 17 7-04 . 6.8
SEP 10, 175~7 3:04
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY R~CORDE~.
FEES: O. O0
I IIIIIIIIIIIIIIIIIIIIIIIIllll lllllllll/llllllllllllll
T~II$ $t'A~ .,.ul( l,~t.ua(a, ll:a~',~' udv~ 0t4..3'
FINAL ORDER OF C~DS~~
('Plus. se ~.l. ia docummt title(s) on tt~ this linc)
NO FEE
GOV'T CODE SEC.
610~
5/95
R:c.Form fR23
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING I1NFORMATION
(Additional r~cording fe~ appli~)
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650
Cler~ o! the
· St'~ri°r Court
AUG 997
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
NORTH COUNTY JUDICIAL DISTRICT
CITY OF ENCINITAS, a municipality,
Plaintiff,
v. )
)
MIRIAM E. CLARK, Individually and )
as Trustee of the MIRIAM ELLEN CLARK)
1992 TRUST; SAN DIEGO GAS & ELECTRIC)
COMPANY; COUNTY OF SAN DIEGO; MRS. )
DANIEL L. McCOMBE; UNITED STATES OF )
AMERICA; TRUSTORS SECURITY SERVICE; )
SAN DIEGO COUNTY CREDIT UNION; )
MIRAMAR TRUST DEED SERVICES, INC.; )
PERCY TRUST; all persons unknown )
claiming any title or interest in )
or to the within described property;)
and DOES 1 through 20, Inclusive, )
)
Defendants. )
)
CASE NO. N-71521-1
FINAL ORDER OF
CONDEMNATION
Assessor Parcel
Nos. 258-350-31
258-350-32
A Judgment of Condemnation having been entered in the
above-entitled action pursuant to California Code of Civil
Procedure Section 668.5, in the County of San Diego, State of
California; and
IT APPEARING to the satisfaction of the Court that
Plaintiff, City of Encinitas ("CITY"), has paid the total
amount of SEVEN THOUSAND SIX HUNDRED FIFTY SEVEN DOLLARS AND
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651
20/100 $7,657.20), plus the interest earned on the amount
deposited with the Court, as total just compensation awarded
by the Court for acquisition of easement interests for public
highway purposes in portions of the real property described in
the Complaint in Eminent Domain as Assessor Parcel Nos. 258-
350-31 and 258-350-32;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
following described real property is condemned to become the
property of CITY for the uses and purposes set forth in the
complaint, to wit: construction, operation and maintenance of
public street improvements, and all incidents and
appurtenances thereto, public uses. Said real property is
situated in the City of Encinitas, County of San Diego, State
of California, and is more particularly described in Exhibits
"A~ and depicted in Exhibits "B" which are attached hereto and
incorporated herein by this reference.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that CITY
took possession of the property described herein as of July
11, 1996; and that, if applicable, all taxes, penalties and
costs which are a lien on said parcel and which are
apportioned to that portion of the fiscal year after said date
are hereby canceled pursuant to Section 5081 et seq. of the
Revenue and Taxation Code.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a copy
of this Final Order of Condemnation shall be filed in the
office .of the County Recorder of the County of San Diego,
State of California, and upon filing, easement interests, fbr
public highway purposes as described in Exhibits "C" attached
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hereto and incorporated herein by this reference, to the
above-described property shall vest in CITY, its successors
and assigns, and that all liens and encumbrances of whatsoever
nature against said property shall hereby be terminated,
canceled and extinquished.
Dated:
DAVID B MOON, JR.
JUDGE OF THE SUPERIOR COURT
Final Order Of Condemnation
APPROVED AS TO FORM:
BARTZ & McCARBERG LLP
/ / Linda D. B~rtz, Es~.
A~tOrneys for Plaintiff
CitY of Encinitas
LAW OFFICES OF ANDREW J' CESARE
At t o rnLnydr~oWr %e~f ee~aT~ Esq.
Miriam E o Clark, Individually
and as Trustee
3
;~,~ oi the ~'~., ,n r"Li.~j.Q_this ofhc.e.
KENNET~ E. MAlTiNE
~erh of t~ Su~rior Cou~ of the Sta~
m an~ ~or t~e Count~ o~ San
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653
.EXHIBIT
APN: 258-350-31
EXHIBIT "A':
LEGAL DESCRIPTION
654
THE WESTERLY 17 FEET OF THE SOUTH 80.00 FEET OF THE WEST 128.00
FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 'WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19,
1881.
SAID PARCEL CONTAINS 1,360 SQUARE FEET MORE'OR LESS.
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION.
PREPARED BY:
.ICENS /surVEYOR P
.L.S. 3997
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EXHIBIT "A"
LEGAL DESCry'ION
APN: 258-350-32
THE WESTERLY 17 FEET OF THE SOUTHERLY 100.00 FEET OF THE SOUTH HALF
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF .SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
APRIL 19, 1881.
EXCEPTING THEREFROM THE SOUTHERLY 80.00 FEET OF THE WESTERLY 128.00
FEET.
SAID PARCEL CONTAINS 340 SQUARE FEET MORE OR LESS.
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION.
PREPARED BY:
LICENSED LAND '.S~/RVEYOR P.L.S. 3997
DA E:
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656
EXHIBIT
EXHIBIT "B"
REQUEZA
-'
STREET
N 89'33'39" W 334-. 41;
8W1/4
89'56'50" W 534.61' %
N89'36'50"W
.... ~ 111.01' J
'.-~.,=17' 'o ~ ~
'.i 128' o~ · o
f 111.01' --..,,
N 89'36'50" W 334.70'
65?
DENOTES
i...¥........................,........1
EASEMENT AREA
1360 SQ.FT.
MELBA
SCALE
1"=100'
CITY OF ENCINITAS
EASEMENT PLAT
258-350-.31
MIRIAM ELLEN CLARK;-AS TRUSTEE'
MIRIAM ELLEN CLARK 1992 TRUST
DRAWN: MdG DATE: 2/08/96 SHEET: 1 OF 1
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
Right-of-Woy Engineerin9 Services, Inc.
Lend Surveying
2125 El Comino Reel SEe. 210 Oceonside, CA 92054
(619) 757-4445 ACAD FNAME: MECTRUST. DWG
A.P.N.:
VESTING:
MELBA
EXHIBIT "B"
REQUEZA
STREET
N 89'33'39" W
POP,.
8W1/4
N 89'36'50' W
128.01' i -~'~
89'56'50'/W J.
'
N 89'36'50" W
ROAD
317.61'
206.69'
334.70' ~
W
Z
SCALE
1"=100'
DENOTES
EASEMENT AREA
54.0 SQ. FT.
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
Right-of-Woy Engineering Services, Inc.
Lancl Surveying
2125 El Camino Real S[e. 210 Oceanside, CA 92054
(619) 757-4445 ACAD FNAME: CLARK.DWG
G(~._ ENCINITAS BLVD.
REQUEZA ST.
~ MELBA RD.
SANTA FE DR.
7]ON
NARDO RD. x,~ -
~-~ B~cE~o RO. \
BO.,TA ~)R. VICINITY
MAP
CITY OF ENClNITAS
EASEMENT PLAT
A.P.N.: 258-350-32
VESTING: _ .
MIRIAM E. CLARK. AN UNMARRIED WOMAN
DRAWN: MJG
j DATE: 2/08/96 J SHEET: 10F1!,
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EXHIBIT 'C'
Recording Request~ 3y:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
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)SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel
No. 258-350-31
Project No. :PADRQZ
W.O. No.:
Miriam Ellen .Clark, Trustee Miriam Ellen Clark '.1992 Trust,
hereinafter called GRANTOR(S), do(es) hereby grant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
calledGRANTEE, the right of way and incidents thereto for a public
highway upon, over and across that certain real property in the
City of Encinitas, County of San Diego, State of California,
described'as follows:
SEE EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF BY
THIS REFERENCE,
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661
The Grantor herek ~urther grants to the C~ OF ENCINITAS the
privilege and right o extend drainage struct% s and excavation
and embankment slopes beyond the limits of thc herein described
right-of-way where required for the construction and maintenance of
said CITY Highway. RESERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate
such slopes and/or drainage structures or portions thereof, when. in
the written opinion of the City Engineer of Grantee, the necessity
therefore is removed by substituting other protection, support
and/or drainage facility, provided such substitution 'is .first
approved in writing by .the City Engineer.
The Grantor hereby further grants to Grantee all trees, growths
(growing or that may hereafter grow), and road building materials
within said right-of-way, !n~lu~!n~ ~A _~ ~_ ~ ..... ~_
together with the right to use the same in su~-~anner and at such
locations as said Grantee may deem proper, needful or necessary, in
the construction, reconstruction, improvement or maintenance of
said highway.
Dated this
day of
,, 19
Miriam Ellen Clark, MariamEllen
C~ark 1992 Trust
Miriam Ellen Clark
ISignature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the city of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of EnCinitas consents to
the making of the foregoing Right-of-Way Dedication and consents to
recordation thereof by its duly authorized officer.
Date: By:
Alan D. Archibald
Director of Engineering Services
City of Encinitas
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Recording Requesteu ,:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
662
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)SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY. HIGHWAY
Assessor's Parcel
No. 258-350-32
Project No.:PADRQZ
W.O. No.:
Miriam E. Clark'~ an unmarried woman, hereinafter calledGRANTOR(S),
do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS,
State of California, hereinafter called GRANTEE, the right of way
and incidents %hereto for a public highway upon, over and across
that certain real property in the City of Encinitas, County of San
Diego, State of California, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY
THIS REFERENCE,
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privilege and right · extend drainage structu~ ~ and excavation
and embankment slopes beyond the limits of the herein described
right-of-way where requibed for the construction and maintenance of
said CITY Highway. RESERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate
such slopes and/or drainage structures or portions thereof, when in
the written opinion of the City Engineer of Grantee, the necessity
therefore is removed by substituting other protection, support
and/or drainage facility, provided such substitution is first
approved in writing by the City Engineer.
The Grantor hereby further grants to Grantee all trees, growths
(growing or that may hereafter grow), and road building materials
within said right of way : ..... il ....... : .................
together with the right to use the same in such manner and at such
locations as said Grantee may deem proper,'needful or necessary, in
the construction, reconstruction, improvement or maintenance of
said highway.
Dated this
day of , 19
Miriam E. Clark, an unmarried
woman
Miriam E. Clark
ISignature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the city of Encinitas,
pursuant to' authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of EnCinitas consents to
the making of the foregoing Right-of-Way Dedication and consents to
recordation thereof by its duly authorized officer.
Date: By:
Alan. D. Archibald
Director-of Engineering Services
-
city of Encinitas
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WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded ~//D/~5' as. File/Page No. /~7q~'-~/~8/ subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter).
Now, therefore, for valuable consideration, the receipt of which is
hereby acknowledged, the 'undersigned BENEFICIARY or TRUSTEE hereby
waives the priority of said Deed of Trust in favor of said DOCUMENT
to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
BENEFICIARY OR TRUSTEE
By:
Title:
BENEFICIARY OR TRUSTEE
By:
Title:
DATED
DATED
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
I certify on behalf of the City Council of the city of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Subordination Agreement, and consents
to recordation thereof by its duly authorized officer.
Date By
Alan D. Archibald -'
Director of Engineering Services
City of Encinitas
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