2019-124587 DOC# 2019-0124587
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Recording Requested By: Apr 08, 2019 01:15 PM
STATE OF CALIFORNIA FOR HIGHWAY USAGE OFFICIAL RECORDS
Ernest J. Dronenburg,.Jr.,
STATE BUSINESS FREE GOVT CODE.6103 SAN DIEGO COUNTY RECORDER
DEPARTMENT OF TRANSPORTATION FEES: $0.00 d 109 Atkins: $0.00)
DISTRICT 11 POOR: N/A
. PAGES:B
When recorded mail to:
State of California
Department of Transportation
4050 Taylor Street,MS 310
San Diego,CA 92110 +.
Attn:Darcy Gabel
Sp=above this dine for Recorder's Use
r.
R/W.#:34989..1,2,3,01-01
FINAL ORDER 01 CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
(Please fill in document title(s),on this line)
O ' '
THIS PAGE ADDED TO PROVIDE ADEQUATE SPAC$FOR RECORDING INFORMATION
(Govt.Code 27361.6)
(Additional recording fee applies)
8 L
CbrY of Iho Buprdhr Coud
1 APR 03 2019
2
By: M. Garland
3
4
5 <W.
6
7 '(NO FEE PURSVANT TO GOY.CODE 6103)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 y; ,
9 FOR THE COUNTY OF SAN DIEGO
11 THE PEOPLE OF THE STATE OF Case No. 3772017-00049555-CU-EI-NC
CALIFORNIA, acting by and througli the `
12 DEPARTMENT OF TRANSPORTATION, Parcels 34989-1,-2, -3,-4,-01-01
13 ,,Plaantiff, FINAL ORDER OF CONDEMNATION
ey y AND WITHDRAWAL OF LIS PENDENS
14 _V's,. [IMAGED FILE]
15 YASUDA FAMILY, LLC, a California Limited
Liability Company, COUNTY OF SAN DIEGO; Complaint filed: December 22,2017
16 PIEDMONT CONSTRUCTION`CO.;DOME Tried date: June 10,2019
LIMITED, a Limited Parihership;
17 WILLIAMSON P,RODI)CE;and DOES ONE
through FIFTY,irlclisv'e,
18 Deefendants.
19 _
20 I•
21 IT APPEARING TO THE COURT that plaintiff The People of the State of California, acting
22 by and through the Department of Transportation,has tendered to defendant Yasuda Family,LLC
23 the sum of money assessed by the Judgment in Condemnation entered in this proceeding.
24 II.
25 NOW THEREFORE, IT IS HEREBY ORDERED,ADJUDGED AND DECREED that the
26 real property situated in the County of San Diego,'State of California, and more particularly
27 described as follows,be condemned to plaintiff for state highway purposes, in fee simple absolute,
28 unless a lesser estate is described:
1
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
1 PARCEL 34989-1
2 For State Highway Purposes, that portion of the Southeast quarter of Section 26, Township 13
3 South, Range 4 West, San Bernardino Meridian, according to United States Government Survey
4 approved April 19, 1881, in the City of Encinitas, County of San Diego, State of California,
5 described as follows:
6 BE,GETGNG at a paint on the Easterly line of that Parcel of t cribed in Quitclaim Deed to
�� Office of
7 Tom M. Grim, Recorded May 2, 1950, in Boole 3604, Pgge 87,0EOfficial Records, in the O
8 the County Recorder of said County,being also sh gs a Easterly line of land conveyed to J. B.
9 Reichard,on Sheet 1 of 3, of Record of S eya�lp' No. 6494,recorded Decernbet 29, 1964, as File
a
10 No. 235122, in the Office of the C,A t Recorder of said County, said point also being the
11 Westerly terminus of that certain 960 foot radius curve, concave orthwesterly, having an are
,v
12 length of 255.87 feet and a central angle of 15'16'16" as described in -the Final Order of
13 Condemnation. Parcel 1B-Amended, recorded June 18, 1964, as File/Page No. 110388, of Official
14 Rec rds, in the Office of the County Recorder of said County, said point hereinafter referred to as
15 rOINT EGA"; thence (1) Northerly alocig said Easterly line of Gim's land,N.07°40' 29"W., 567.47
16 Feet; thence (2) leaving said Easterly line S.53°25'52"E., 10.76 feet to the beginning of a non-
17 tangent 26.00 foot radius curve, concave Southeasterly, a radial bearing to said beginning bears
18 N.51°13'38"W.; thence (3) Southwesterly along said curve through'a central angle of 16°52'19", an
19 arc distame of 7.66 feet; thence (4) S.46°08'34"E., 382.46 feet to a point, hereinafter referred to as
20 P0IN1' "B' thence (5) S.46 108'34"E., 91.01 feet to a point on that certain centerline described as
21 "South 43°13'48"West, 1,042.97 feet" in Easement for City Highway to the City of Encinitas,
22 recorded March 25, 1999, as Document No. 1999-0193668,in the Office of the County Recorder of
23 said County, thence (6) along said centerline S.43°13'26"W., 23.43 feet to the Northeasterly line of
24 land Relinquished to the County of San Diego, being that certain course shown as
25 11N.47 024'44"W.", on sheet 4 of said Relinquishment, recorded August 23, 1965, as File No.
26 152919 in the Office of the County Recorder of said County; thence(7) along the Northeasterly line
27 of said Relinquishment N.47°24'14"W., 15.08 feet to an angle point therein; thence (8)
28 Southwesterly along the Northwesterly line of said Relinquishment S.42°35'46"W., 69.67 feet to
2
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
I the beginning of a 960.00 foot radius curve concave Northwesterly; thence (9) continuing
2 Southwesterly along the Northwesterly line of said Relinquishment through a central angle of
3 15°16'18", an arc distance of 255.88 feet to the POINT OF BEGINNING.
4 TOGETHER WITH underlying fee interest, if any, contiguous to the above-:described property in
5 and to Manchester Avenue as it exists on June 7,2017.
6 EXCEPTING THEREFROM that portion described as excess in Parcel 34989-01-01 below.
7
8 PARCEL 34989-2 .
PURPOSE to ether with the
g For State Highway Purposes, an EASEMENT FOR HIGHWAY ,, ,S, . g
'.a
10 right to grant all or a portion of the y as�a .jo others, in and to that portions of the Southeast quarter of
11 Section 26, Township 13 Son 'Range 4 West, San Bernardino Mcridian, according to United
12 States Government Serve proved April 19, 1881, in.the City of Encinitas, County of San Diego,
13 State of California, described as follows:
14 BEGIA. 1,G at "POINT "B" described above in "PARCEL 34989-1"; thence (10)
15 -N.40°53'14"E., 204.57 feet; thence (1 l) N.45°23'06"E., 127.41 feet; thence (12) N.52°59'19"E.,
16 162.36 feet; thence (13) N.42°37'53"E., 386.67 feet; thence (14) perpendicular to that certain
17 centerline described as "South 43°13'48"West, 1,042.97 feet" in Easement for City Highway to the
18 City of Encilzltas,�recorded March 25, 1999, as Document No. 1999-0193668, in the Office of the
19 County;(e of said County, S.46°46'34"E., 71.00 feet to said centerline; thence (15) along
20 said centerline S.43°13'26"W., 879.39 feet to the Southeasterly terminus of course "(5)" described
1;;yQ_4
above in "PARCEL 34989-1"; thence (16) leaving said centerline and along said course "(5)",
22 N.4 6 0 8'34"W., 91.01 feet to the POINT OF BEGINNING.
23 EXCEPTING THEREFROM that portion of Easement for City Highway conveyed by document
24 recorded March 25, 1999, as Document No. 1999-0193668, in the Office of the County Recorder of
25 said County.
26
27
28
3
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
I PARCEL 34989-3
2 For State Highway Purposes, a TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES,
3 upon, over, under, and across that portion of the Southeast quarter of Section 26, Township 13
4 South, Range 4 West, San Bernardino Meridian, according to United States Government. Survey
5 approved April 19, 1881, in the City of Encinitas, County of San Diego, Slate of California,
6 described as follows:
7 BEGINNING at "POINT "B" described above in"PARCEL 34189-1"; thence (17) along coin—se
8 "(10)" described above in "PARCEL 34989-2" 1'x.40"53'14"> ., 12.52 feet; to a line lif,,ial.lel with
J
9 and 12.50 feet Northeasterly, measured t`right angles from course "(4)" described above in
10 "PARCEL 34989-1"; thence (18) along a'd parallel line N.46°08'34*62.96 feet; thence (19)
11 leaving said parallel line N.04®47'2}"W. 94.73 feet; thence (!): 5812'36"W., 29.33 feet to the
12 Easterly line of Gim's land described above in "PARCEL" 34989-1"; thence (21) along said
13 Easterly line S.07Q& 29"E., 75.58 feet to the N6rthiresterly terminus of course "(1)" described
14 abov-i A1tCEI, 34989-1"; thence le vRZ&d Easterly line and along courses "(2)", "(3)" and
15 x(4) �l" cribed above in"PARCEL 34989-1"to the POINT OF BEGINNING.
f,
* OGETHER WITH a strip "flanc19.00 feet in width,the Southeasterly sideline of said strip being
17 described as courses"(10)�',°`(11)","(12)" and"(13)"described above in"PARCEL 34989-2".
18 The sidelinesflf card trip shall be shortened so as to begin at course"(18)"described above.
19 Rights to d a alcove described temporary easement shall cease and terminate on December 31, 2021.
2 rarights may also be terminated prior to the above date by STATE upon notice to OWNER.
1Ilf
{
-
P,)2,) PARCEL 34989 4
23 For State Highway Purposes, an EASEMENT FOR SEWER PURPOSES,together with the right to
24 grant all or a portion of the same to others, upon, over, under, and across that portion of the
25 Southeast quarter of Section 26, Township 13 South, Range 4 West, San Bernardino Meridian,
26 according to United States Government Survey approved April 19, 1881, in the City of Encinitas,
27 County of San Diego, State of California, included within a strip of land, 15.00 feet wide, the left
28 sideline of which, looking in the direction of the traverse,being described as follows:
4
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
1 COMMENCING at a point on the Easterly line of that Parcel of land described in Quitclaim Deed
2 to Tom M. Gim, Recorded May 2, 1950, in Book 3604, Page 87 of Official Records, in the Office
3 of the County Recorder of said County,being also shown as the Easterly line of land conveyed to J.
4 B. Reichard, on Sheet 1 of 3, of Record of Survey Map No. 6494, recorded December 29, 1964, as
5 File No. 235122, in the Office of the County Recorder of said County, said point also being the
6 Westerly terminus of that certain 960 foot radius curve, conworthwesteriy, having an arc
q
7 length of 255.87 feet and a central angle of 15"16'16'; as described in the Final Order, of
8 Condemnation Parcel 1B-Amended, recorded June 18, 1964, as File/Page No. 110388,._9j Official
9 Records, in the Office of the County Recorder of Said County, thence Northerly long said Easterly
10 line of Gim's land, N.07°40' 29"W., 625.23 feet to the TRUE POINT OF BEGINNING; thence
11 leaving said Easterly line,N.34°17'43"E., 14.95 feet to the Westerly line of that certain 15.00 foot
.v
12 wide easement to Cardiff Sanitation District, described as Parcel 77-0887-C in instrument recorded
A
13 December 14,1977, as File/Page No. 77-516.±6P7 �i6.;. e Office of the County Recorder of said
14 Co Y 4� .
POINT OF TERMINU
15 The sidelines of said strip shall be piNnged or shortened so as to begin at said Easterly line of
6 Gun's Land, and terms to tthe Westerly line of said easement recorded as File/Page No. 77-
516697.
17 • �`
�(]r,
18
19 PARCE 34989-01-01
20, AS EXCESS, that portion of the Southeast quarter of Section 26, Township 13 South, Range 4
21' West, San Bernardino Meridian, according to United States Government Survey approved April 19,
22 1881, in the City of Encinitas, County of San Diego, State of California, described as follows:
23 COMMENCING at a point on the Easterly line of that Parcel of land described in Quitclaim Deed
24 to Tom M. Gim, Recorded May 2, 1950, in Book 3604, Page 87 of Official Records, in the Office
25 of the County Recorder of said County,being also shown as the Easterly line of land conveyed to J.
26 B. Reichard, on Sheet 1 of 3, of Record of Survey Map No. 6494, recorded December 29, 1964, as
27 File No. 235122, in the Office of the County Recorder of said County, said point also being the
28 Westerly terminus of that certain 960 foot radius curve, concave Northwesterly, having an arc
5
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
1 length of 255.87 feet and a central angle of 15°16'16" as described in the Final Order of
2 Condemnation Parcel 1B-Amended, recorded June 18, 1964, as File/Page No. 110388, of Official
3 Records, in the Office of the County Recorder of said County; thence Northerly along said Easterly
4 line of Gim's land, N.07°40' 29"W., 143.04 feet to the TRUE POINT OF BEGINNING; thence
5 (22) leaving said Easterly line S.29°46'40"E., 56.07 feet to the beginning.,of a 7.00 foot radius
6 curve, concave Northeasterly;thence(23) Southeasterly along sd 1 ve,through a central angle of
7 50°40'25", an are distance of 6.19 feet; thence(24) S.80,?VQ N., 26.93 feet to the beginning of a
.8 7.00 foot radius curve, concave Northerly; thence;.(2,5�,Easterly along said curve, through a central
., f„ u
g angle of 48°01'40", an are distance of 5.87 feet t "the beginning of a compouud`g.48.83 foot radius
°i
10 curve, concave Northwesterly; thence(26)Northeasterly along said curve through a central angle of
11 7°l 1'30", an are distance of 111b feet to the beginning of"a compound 7.00 foot radius curve,
12 concave Westerly; thence (27) Northerly along said curve through a central angle of 82°10'37", an
s
13 are distance, of 10'.04 feet to the beginning oft° . reverse 33.00 foot radius curve, concave Easterly;
14 then rtherly along said curve through a central angle of 66°25'23", an arc distance of
15 38.26 feet to the beginning of a revered 7.00 foot radius curve, concave Westerly; thence (29)
16 �Northerly along said curve though$ central angle of 74°43'04", an arc distance of 9.13 feet; thence
17 (30) N.46 008134 7W„- 116:96 feet to the beginning of a 10.00 foot radius curve, concave;
18 Southwesterly;;„th'8h e (3 1)Northwesterly along said curve through a central angle of 45°00'00", an
19 are ditance.'of 7.85 feet; thence {32) 5.88°51'26"W., 17.72 feet to the beginning of a 10.00 foot
20 radius curve, concave Southerly; thence (33) Westerly along said curve through a central angle of
21 45°00'00", an arc distance of 7.85 feet; thence(34) S.43°51'26"W., 20.67 feet to the beginning of a
22 123.00 foot radius curve, concave Southeasterly; thence (35) Southwesterly along the arc of said
23 curve through a central angle of 30°06'59", an are distance of 64.65 feet to the Easterly line of said
24 Gim's land; thence (36) along said Easterly line of Gim's land, S.07°40' 29"E., 88.52 feet to the
25 TRUE POINT OF BEGINNING.
26 Bearings and distances used in the above descriptions are based on the California Coordinate
27 System of 1983, Zone 6, HPGN Epoch 1991.35. Divide all distances by 0.9999746 to obtain ground
28 level distances.
6
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS
1 III.
2 IT IS FURTHER ORDERED ADJUDGED AND DECREED that a certified copy of this
3 order be recorded in the Office of the County Recorder of the County of San Diego, State of
4 California, and thereupon title to the property described above shall vest in p1dinti A and all interests
5 of defendants Yasuda Family, LLC, and Williamson Produce in and to this real property shall be
6 terminated, except if such termination is inconsistent with the rightft ondenrned herein.
7 IV.
8 IT IS FURTHER ORDERED,ADJUDGED AND DECREED that the Notice of Pendency of
9 Action/Lis Pendens recorded in this action fln'December 22, 2017, as Doctiment No. 2017-0605639,
10 of the Official Records of San Diego County, Cali forma is hereby withdrawn. Rei:ordation oftlus
11 Final Order to provide notiec of this withdrawal is made pursuant to"Code of Civil Procedure
12 section 405.50.
13 V.
14 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that plaintiff,having taken
15 possession of Parcels 34989-1, 34989-2,34989-3, 34989-4, and 34989-01-01 upon the recordation
16 of this Final Order of Condemnation, al I taxes, assessments,penalties and costs which are a lien on
17 Parcels 34989-1, 34989--2, 34989-3, 34989-4, and 34989-01-01, following the State's recordation of
18 the Final Order of Condemnation, and which are apportioned to that portion of the fiscal year after
19 said dte; e cancelled pursuant to Revenue and Taxation Code sections 5081 et seq, and that any
20 and all taxes, assessments,penalties and costs which are a lien on said parcels before the date this
21 Final Order of Condemnation is recorded,shall be paid by Yasuda Family,LLC.
22
23 DATED: APR 20-19
I!�
JUDGE OF THE SUPERIOR COURT
24
25 CLERK—)CFRTIFiCATF
-us foregoing dowtmsn�cor�iar,:.,
26 ) is a ,
r a o oupy ofti. txigint+l O copy o•' '•'it
„ Y + GZerk a°uperi t v trt
27 ,..r. F r 4 t"f by
28 r i;C4 'dG rain D tlty
7
FINAL ORDER OF CONDEMNATION AND WITHDRAWAL OF LIS PENDENS