HomeMy WebLinkAbout; |Allen, John P , Marion B and Jean M|Allen, W G and Charlotte|Bailey, Howard O and Virginia|Ganoe, Ernest and Martha|Trask, Bess and Elwood|; 124494; Condemnation1
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TO
•748
(SPACE BE|X)W FOR FILING STAMP ONLY)
TO
STUART C. WILSON
ATTORNEY AT LAW
20O9 BTAT* STMCT
CARLSBAD. CALIFORNIA
TKLEPHONB 72»->0ot
124494
RLE/PAGE NO....,
RECORDED AT REQUESTtt
Attorney for.Plaintiff
AUG 11966 ^
AT<JTJLMINUTES PAST....../......
SERIES 7 BOOK 1766
OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIFORNIA
A, S. GRAY, CO'JfUY RECORDER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, CALIFORNIA
A Municipal Corporation,
Plaintiff,
vs.
ERNEST ARVIN GAROLD GANOE,
MARTHA R. GANOE, JOHN P.
ALLEN, MARION B. ALLEN,
JEAN M. ALLEN, HOWARD 0.
BAILEY, VIRGINIA BAILEY,
W. G, ALLEN, CHARLOTTE M. •
ALLEN, NAOMI B, ALLEN,
BESS HOFFMAN TRASK, ELWOOD
E. TRASK, and DOES 1 thru
10 INCLUSIVE,
Defendants,
NO. 28438S
'FINAL ORDER OF CONDEMNATION
NTTE
JUL 22 I960
Judgment
Judgment of Condemnation having been heretofore entered
in the above entitled action on February 28, 1966, in the
Office of the County Clerk of the County of San Diego, State of
California, and it appearing to the satisfaction of the Court
that the above named Plaintiff, pursuant to that Judgment, has
paid into Court the sum of Seven Thousand Five Hundred Twelve
Dollars and Thirty-two Cents ($7,512.32) to be disbursed in
accordance with the Order for Disbursement on file herein as
follows:
To ERNEST ARVIN' GAROLD GANOE and MARTHA R. GANOE, Seven
Thousand Five Hundred Twelve Dollars and Thirty-two Cents ($7,512.
in accordance with the Judgment in Condemnation on file herein
52)
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as just compensation for the real property herein condemned;
and said Defendants ERNEST ARVIN GAROLD GANOE and MARTHA R, GANOE
having withdrawn from the Court the said money so deposited by
Plaintiff, pursuant to the Court's ORDER FOR DISTRIBUTION, and
therefore having received the payment to which they, and each
of them, are entitled:
NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
1. That the purpose of this condemnation action is the
\
aquisition by Plaintiff of the following described easements
and rights of way over the following described larger parcel
of property:All that portion of Tract 238 of Thum Lands, in
the City of Carlsbad, County of San Diego, State oJ
California, according to Map thereof No. 1681,
filed in the Office of the Recorder of San Diego
County, described as follows: Commencing at the
intersection of the center lines of Adams Street
and Chinquapin Avenue, as shown on said Map;
Thence South 61e21* West along said center line of
Chinquapin Avenue, 557.98 feet; Thence South 28°39'
East, 509,00 feet to the true point of beginning;
Thence South 61°21' West, 400.02 feet; Thence
South 28°39' East, 151.04 feet; Thence South 47°
38' East, 329.90 feetjThence-South 28°39' East,
222.24 feet to the Southerly line of said Tract 238
Thence North 63044'20" East along said Southerly
line 97.69 feet; Thence Nprth 28°39' West 586.05
feet; Thence North 61°21» East, 195 feet; Thence
North 28°39' West 103 feet to the true point of
beginning. Excepting therefrom that portion deeded
to the State of California by deed recorded Novem-
ber 27, 1951 as Document No. 143605 in Book 4302,
page 239 of Official Records
EASEMENT A A. An exclusive and perpetual easement for the purpose
of erecting, constructing, reconstructing, replacing,
repairing, maintaining, and operating water system,
sewerage, drainage, power line, excavation and/or
embankment facilities and appurtenances thereto togethei
with the right to clear and keep clear said right of
way from buildings, structures, trees and brush, and
any similar surface encroachment which may interfere
with reasonable and proper use of the right of way
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27
c o
750
1 easements on the following described portion of the
2 above described larger parcel of property:
3 Beginning at the most Southeasterly corner of the
above described property, being a point in the4 southerly line of said Tract No. 238 of Thum Lands,
said point being hereinafter referred to as point5 "I"; Thence from said point of beginning North
28°39* West along the easterly line of said lands a6 distance 202.49'; Thence South 73°02'24" West a
distance of 40.89 feet, more or less, to the true7 point of beginning of the Easement "A" to be
described, being also an angle point in property of8 the State of California, and being hereinafter
referred to as point "II"; Thence from said true9 point of beginning South 73°02'24" West along t;he
said State of California property line a distance10 of 50.00 feet to an angle point in said property
line; Thence North 18*20'17" West along said11 property line a distance of 58.85 feet; Thence
North 73°02'24" East a distance of 59.71 feet;12 Thence South 28°39' East a distance of 60,08
feet; Thence South 73°02I24" West a distance of13 20.47 feet to the true point of beginning of the
easement described14
EASEMENT B B. A perpetual easement for the purpose of erecting,15 -
constructing, reconstructing, replacing, repairing,16
maintaining, and operating water system, sewerage,
drainage, power line, excavation and/or embankment18
facilities and appurtenances thereto together with the
20 right to clear and keep clear said right of way from
21 buildings, structures, trees and brush, and any similar
22 surface encroachment which may interfere with reasonable
0, and proper use of the right of way easements on the<&«j
following described portion of the above described
25 larger parcel of property:
A strip of land 15 feet in width, being 7.5 feet
in width on'each side of a center line described
as follows: Beginning at a point on the easterly
line of said lands North 28°39' West a distance
of 150 feet from point "I" as herein described in
Easement "A"; said point of beginning being here-
inafter referred to as point "III"; Thence from
said point of beginning North 48°36'30" West a
30 distance of 60.38 feet, more or less, to the
southerly line of said Easement "A"; Said Easement
"B" is to be so extended or shortened as to
terminate in said easterly line of said lands and
32 "
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in the southerly and easterly lines of said
Easement "A"; Excepting therefrom that portion
southerly of a line parallel with and 7.5 feet
southerly of a line projected through said "III"
on a bearing of South 65°20I23" West
EASEMENT C C. An easement for access, construction, grading,
drainage, and surfacing purposes on the following
described portion of the above described larger parcel
of property:
That property lying northerly of a straight line
connecting point "III", as herein described in
Easement "B", with a point that is South 18°20'17M
East a distance of 10 feet from point "II" as
herein described in Easement "A" and that is
southerly of a line that crosses said lands and
that is 95 feet northerly of and parallel with the
southerly line of said Easement "A" and the pro-
longation of said southerly line; Excepting there-
from the portions thereof contained in Easements
"A" and "B" herein described.
2. That there is hereby condemned to and taken for Plaintiff •s
use, for the above stated public uses,,the above stated easements
and rights of way in the above described real property,
3. That possession of the above described real property
was taken by Plaintiff herein on May 8, 1964, pursuant to California
Code of Civil Procedure Section #1243.5.
4. That upon the recording °f a certified copy of this
FINAL ORDER OF CONDEMNATION in the office of the Recorder of the
County of San Diego, State of California, title to the above
described easements and ri-ghts of way in the above described real
property shall vest in Plaintiff herein, its successors and
assigns, for the above stated public uses*
DATED:JUL 221966
JUDGE OF THE SUPERIOR COURT
lha fw«SOin§ instrument is a full, f rue and correct copyoi
tne original on file in this office.
f . .ttoJAMES,ofhe Sm Courto/the Sta'tefor the County of San Diego.
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