Loading...
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~) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 650 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 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 651 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 2 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 28 652 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 1 2 3 5 6 7 .8 !0 11 12 13 15 16 17 18 19 20 21 22 23 25 26 27 25 653 .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 cov4054 4 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: cov4054 4 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 .28 656 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!, 1 2 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 '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 ) ) ) ) ) ) )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, cov4054 1 .' 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 cov4054 2 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 ) ) ) ) ) ) ) ) ) ) ) )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, cov4054 1 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 cov4054 2 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 cov4054 3