1998-4603121998-0 60312
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
BARTZ & McCARBERG LLP
ANDWHENRECORDEDMAILTO:
LINDA D. BARTZ
BARTZ & McCARBERG LLP
1010 SECOND AVENUE
SUITE 1909
SAN DIEGO, CA 92101
JUL 23, i~8 2 = 43 PM
0FFICI[ RECOR~
DIEGO ~ ~Cf]I~'S EFICE
~GORY J. ~lITH, C01J~ E~R
FEES: 0.00
SPACe; ABOVE FOR RECODER'S USE ONLY
NO FEE GOV'T CODE SECTION 6103
FINAL ORDER OF CONDEMNATION
Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
STC..SCSO 996a S~.~embe~ 7. I~J5
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F t L E
JUL 0 ~t '~- ~
V~TA BI~A~
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
NORTH COUNTY JUDICIAL DISTRICT
CITY OF ENCINITAS, a municipality, )
)
Plaintiff, )
)
VS. )
)
JAMES CHANG; et al., )
)
Defendants. )
)
)
LF~%D CASE NO. N-71520-1
(consolidated with
Case No. N-74855)
FINAL ORDER OF CONDEMNATION
Assessor Parcel Nos.
258-140-30
258-140-31
258-140-32
258-140-54
A Judgment of Condemnation having been entered in the above-
entitled action pursuant to California Code of Civil Procedure
("CCP') Section 668.5, in the County of San Diego, State of
California; and
IT APPEARING to the satisfaction of the Court that just
compensation in the form of consideration pursuant to the Parties'
settlement of this and the related judicial foreclosure action (N-
74855) has been provided by City of Encinitas (~CITY") for all the
interests of the Defendants in the real property described in the
Complaint in Eminent Domain as Assessor Parcel Nos. 258-140-30, 31,
32, and 54.
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IT IS 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
appurtenances in portions of Camino E1 Dorado and Bracero Road for a
public project commonly referred to as Assessment District No. 93-1
(REQUEZA STREET/BRACERO ROAD). Said real property is situated in the
City of Encinitas, County of San Diego, State of California, and is
more particularly described in Exhibit UA", and depicted in Exhibit
~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 12, 1996 and
that 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, if applicable.
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,
and upon filing, full title in Easements for City Highway to Assessor
Parcel Nos. 258-140-30, 31, 32, and 54 shall vest in CITY, its
successors and assigns, and that all liens and encumbrances of
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whatsoever nature against said property shall be terminated, canceled
and extinguished.
Dated:
$. MO{{,(]AN LP. STE~
JUDGE OF THE SUPERIOR COURT
Final Order of Condemnation
APPROVED AS TO FORM:
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10 Bartz & McCarberg LLP
The foregoing instrument is a full, true and correcl
copy of the o[iginal on file in this office.
Attest: . t~l,...',~ { ta~
KENNETH E. M,~I~I'O'NI~ '"""
! 1 "' ~ ' """-"-- in and for the County of San Diego.
13 ~t~neys for Plaintiff CITY O.~C'~-~
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Schaef~ith, APLC
EXHIBIT A
EXWIBIT "A"
LEGAL DESCRIPTION
177
258-140-30,32,54
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 15 BEING THE SOUTHWEST CORNEROF
THAT 7.359 ACRE LOT AS SHOWN ON RECORD.OF SURVEY NO. 12244 RECORDED
JULY 6, 1989 AS FILE NO. 89-357196 IN THE OFFICE OF THE RECORDER OF
SAID COUNTY; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 06°36'27''
WEST 17.16 FEET THENCE LEAVING SAID WESTERLY LINE SOUTH 88°49'37''
EAST 438.89 FEET; THENCE SOUTH 00°50'14'' WEST 17.00 FEET TO THE
SOUTHERLY LINE OF SAID 7.359 ACRE LOT ; THENCE ALONG SAID SOUTHERLY
LINE NORTH 88~49'37'' WEST.436.67 FEET TO THE POINT OF BEGINNING.
HAVING AN AREA.OF 7442 SQUARE FEET.
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A.PART HEREOF
THIS DESCRIPTION.
PREPARED BY:
LICENSED LAND/SURVEYOR P.L.S. 3997
DATE:
Exhibit B
SCALE
1"=100'
EXHIBIT "B"
DiMENSiONS SHOWN HEREON
, A = 38'08'53" R -,
POFL
I N88'49'37"W
~ 90.00'
DENOTES
EASEMENT AREA
7,4-42 SQ.FT.
sw coR. N~-~/
i ,/ NE1/4- SEC. 15
____j//f N88'49'.37"W
J ~/ 497.48'
~ CAMINO
258-140-54- -
. ,~/~'/
PAR GEL 2 .~, ~.
91-0577614 O.R. /
P.M. 243 0
258-140-30
POR. SW 1/4 OF THE
SE 14/ OF THE NE 1/4
OF THE NE 1/4 OF SEC, 15
T13S R4W S,~.M.
258-140-;:
\\P.O.E~.
LOCATION
~ ENC,N,~
~ REOUEZA ST. ~
~ MELI3A-RD. ~ I ,-L-, i
f4.~ SANTA FE DR. ~
~ NARDO RID
(~.-. BONITA O~. ~x~ I I
~ CAMINO EL DORADO
'~'~'~-3--CASINO DE ORCHIDIA ~ ~-~
'~ VICINITY MAP
Right-of-Way Engineering Services, Inc.
Land Surveying.
4167 AV~NIDA DE LA PLATA, SUITE 114,
OCEANSIOE, CA. 92'056
(619) 732-1566 ACAD FNAME: .CHANG. DWG
CITY OF ENCINITAS
EASEMENT PLAT
ASSESSOR'S PARCEL
258-14.0-30-52,54 JAMES CHANG
DRAWN: MdG DATE: 9/2,5/95 SHEI:"I": l OF
BARTZ & McCARBERG LLP
ATTORNEYS AT LAW
LINDA D. BARTZ
PEGGY J. McCARBERG
DENNIS L. SHIELDS, OF COUNSEL
1010 SECOND AVENUE, SUITE 1909
SAN DIEGO, CALIFORNIA 92101-4910
TELEPHONE (619) 237-5137
FACSIMILE (619) 237-51 10
DATE: August 17, 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. CHANG. et al.
San Diego Superior Court Case No. N-071520-1
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. 96-35. Said Final
Order was recorded on July 23, 1998, No. 1998-0460312 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~rely yours,
'--~nc losure
CC:
Lloyd Holt, Sr. Civil Engineer
County Tax Collector (w/enclosure)