HomeMy WebLinkAbout; |HONIG/SHELDON/STOUT/HORTON/TRYATT INVESTMENT/LEAR|SHELDON/HONIG/STOUT/HORTON/TRYATT INVESTMENT/LEAR|; 49293; Condemnationis
.-% I'
'!
I 91
2
3
4!
w m . LqT,ptQ f p.2 &- .-r_3j: &2;.w%iJc? r I i.. ??*.? ' +*I;. ;+r; <it,,-. I """ LILllhlll)ir. f:Eiit[Ejy ;!c- '4. i?[[
" . ~y<.-~..4ziiG$Emw . ."_. - FOR mLma ST- ONLY
ijiis &] 6j 47 p/.j Q
WALKER. WALKER Q GANN
ATTORNEYS Ai LAW
560 VALI-EY PARKWAY. SUITS 205 OFFiCIAL RECORDS
ESCONDIDO. CALIFORNIA B2025 A. S. s?I;V, RECO~DER
.. SESi.7S 10 2301'; 1969
P. 0. BOX 182? SA# !#?;EGO CO!J)(TY, CALfF.
TgUPHONE (714) 745-2322 H.0 FEE
5
61
Attorneys for Plaintiff %Y
7
DEW7
8 SUPGRPBB COURT OP THB STATE OF CALIFORNIA
9 .c FOR 'I333 COUNTY OF §AN DPEGO
10 I NO. 25851
11 CITY OF CARLSBAD, a municipal ]
corporation, 1 12 I Plaintiff, 1 FINAL ORDER OF I CONDEMNATION 13
-vs- 1 (Parcels A, C and D) 14
15
I I 1 Defendants. j 16 1
VIRGINIA LEAR, et al.,
!
" *. '- '171 It appearing that heretofore, to wit: On February 26, 19
" %%18
1 and taking by plaintiff of Parcels A, C and D. 24
sation and damages to be paid by plaintiff for the condemnatio: 23
whereby the Court-adjudged and decreed the amount of just comp' 22
P. A. HORTON, EVA M. HORTON and TRYATT INVESTMENT CO.,,INC., 21
SPENCER T. HONIG, sued and served herein as Doe I, EDWARD STOW 20
(Judgment Book 668, Page 182) against defendants ROY H. SHELDO: 29
the Court made and entered its Judgment and Decree in Condemna
25 I It further appearing to the Court that plaintiff has made
26
28
decrees of this Court, ai1d that this is LOX a case where any bc 27
all payments that are required by law or cirders or judgments 0.
1 need be give:. , I L
ing by the
by plainti
.. -. j&>: ',
i, . ,.
COl
ff
-.
.
W. 11 m * Y
1r
'I I
I
Ii 111 CITY OF CARZSBAD, the fee simple title in and to the real pro]
2
incidental thereto together with the perpetual right to remove 9
mains, manholes, sewer lateral pipelines and all other structx 8
repair, replacement and reconstruction of sewer pipelines and, 7
C and D for the installation, construction, opgration, mainter 6
hereinafter described parcels of real property designated Par( 5
way upon, over, under and across all and each of every part 01 4
I hereby taken and condemned by plaintiff easements and rights < 3
hereinafter described and designated Parcel A, and that there
30 buildings, structures, trees, bushes, undergrowth, flowers ani
II any other obstructions interfering with the use of said easeme
12 and rights of way by plaintiff CITY OF CARLSBAD, its successor
13 or assigns.
14 \ 2. That said parcels of real property are condemned 'for
15 purposes set forth in plaintiff's second amended complaint, an'
16 the purposes for which said easements and rights of way may be
17 as described above; and that said uses are public uses and use
I I
I
authorized by law.
3. That a. certified copy of this Final Order of Condemna-
be recorded in the office of the Recorder of the County of San
Diego, State of California, and thereupon there shall vest in
plaintiff, CITY OF CARLSBAD, the hereinabove described easement
and fee in and to the real property hereinafter described and
24 designated Parcels A, C and D.
25 11 4. That plaintiff, CITY OF CARLSBAD, took possession of t
26 !I hereinafter described parcels of real, property on August 17, 15
27 11 pursuant to an Order for Tossession dated June 30, 1964.
28 11 5. The parcels of real property hereinabove referred to E
I
I1 Ii
29 ji /I
30 /I
I1 jl
31 /I
WALKER. WALKER \
ATTORNEYS AT LAW & GANN
~ 60 VALLEY PARKWAY
P. 0. BOX 1827
32 II
SUITE 206 if
ESCONDIDO. I!
TELEPHONZ CALIFORNIA 9202U j!
(714) 745-2322 'i ii
;. y* //
$11 m L, r
I1 /I
I PARCEL A 11
'2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i I
i
I'
I
I1 1' I1
!!
A portion of Lot "H", Rancho Agua Hedionda, in the City
Carlsbad, County of San Diego, State of California, accordin5
Partition Map No. 823, filed in the County Recorder's Office
San Diego County, November 16, 1896, described as follows:
Beginning at the most Northerly corner of Lot 19 in Bloc
of La Costa Downs Unit No. 1, according to Map thereof No. 20
filed April 6, 1927 in the office of the Recorder of said Cou
said corner being an angle point in the Northerly boundary of La Costa Downs Unit No. 1; thence along said Northerly bounda S.69O33'55"W. (S.68O53'2O"W., Map 2013) 69-29 feet (68.75 fee Map 2013) to the Easterly' line of the Right of Way of the Atc Topeka and Santa. Fe Railway Company, Coast Lines, being the
successor in interest of the California Southern Railroad Con
which was shown on a map approved by the Secretary of the Int
May 12, 1881; and constructed in 1882 on the location shown c
said map, thence along said Easterly line N.18°24'35"W., 1204 feet to a point in the Southerly boundary of the Rancho Agua Hedionda, according to the United States Government Resurvey
Subdivision of T. 12 S., R. 4 W., S.B.M., by Owen approved
September 17, 1915 a copy of which was filed in the office of recorder of said county June 21, 1920 as Miscellaneous Map 29 also according to Map marked "Plaintiffs Exhibit A" in Superi Court Document No. 16830 dated May 6, 1916 last said point be the TRUE POINT OF BEGINNING: thence along said boundary S.89"
E., 878.76 feet to a line which bears S.27°14'24"E., from a p being at coordinates Y-347, 263.37 feet and X-1, 672,873.56 f thence N.27°14'24"W., 62.74 feet to last coordinated point;%t N,2"26'54"W., 500.23 feet; thence N,28°46'09"W., 68.01 feet;
thence S.6l051'0O"W., 827.62 feet to a point in the Easterly
of the right of way of said Atchison, Topeka and Santa Fe Rai
Co., as described in deed from Kelly to California So. R. R. 3/10/1881 in Book 38, page 171 of Deeds of said County, said being in a curve concave westerly and having a radius of 2914
feet, a radial to said curve bears N.67°04'07"E., at said poi
thence Southerly along said curve 183.79 feet through a centr
angle of 3O36'46" to said Southerly line of the Rancho Agua Ecdionda; thence S.89°27'10"E., along said line 53.24 feet to
TRUE POINT OF BEGINNING.
22 j/ Containing 7-82 acres, more or less.
I1 23 \ description are on the California Coordinate System, Zone 6. I The bearings, distance and coordinates used in the above
obtain qround level distances. I
Multiply all distances in the above description by 1,0000370 . 24 1
25 11 -
I 26 // \I 27 j/ I/ 28 jI !I
29
30
31
32
WALKER WALKER & GANN
860 VALLEY PARKWAY ATl'ORNEYS AT UW
6U1TE 206 P. 0. BOX 1827
CALIFORNIA 92028 ESCONDIDO.
!i I; ! :I /I
/I /j jl //
/I ji
1;
Y ;I .. , .,,,. -,..-__ , I< ..:
, . : . .. .. .. .% .. . . ..
, + ,, . .. i . .;.._ ' . . .. . I. . .. .: ..
". i
;.
+.* r ~ :: .",&'* ..~
_. ;,,. - '. .??, ;,. '
+ ?* . , . ,,. ,. .
: -<. .* . . ' . , .. : _,I ._
~ .-
" . I* s ~ . . . . .." ~ '
. . 'i c * ~ ,j
- (I.,. . , . 1.. , - *- : . .
I. A- . ~, . .
3".
.,i k *:' , . ,
, .. ' <_?. .
,.. . , I ._ . ., ,
I_ ,. -. . .
i;i .' . ." -. , . - , .,y:
..
.. i ,,,. . : .-*- 'I . >- .,.. <. ' ..~ 2 I :
,I .. r; I __ -.
~ .*..- .- - -._ ,
, . _L "* ,-.~- ,. .f;,-<.&r- :.:' , : , .,
-3:-. . ;,*/" ,: .::. ;.g.+j-.-. .' ;+-. "
: /,: , .I ..I I,* *24gc: (. Y... * ' ..y -,
, ,,,-. I . , .":* .,. e' "S.
i ?.. .a'C :%,&.::,,'..?- ..: ., .<: ,
,. .. . . . .r. ,. '...&. "'.
(714) 746-2322 TELEPHONE /,I
,' 5' il w 0 ' II I I
i I
111 PARCEL C
2
41
and across the hereinafter described real property for the
A perpetual easement and right of way upon, through, under, ov 3
Easement for Road, Sewer and Waterlines
ment, and reconstruction of an access road, waterlines and installation, construction, operation, maintenance, repair, re
,5 appurtenances and sewer pipe lines and/or mains, manholes, 'sew
lateral pipe lines, and all structures incidental thereto, tog with the perpetual right to remove buildings, structures, tree
bushes, undergrowth, flowers, and any other obstructions intex
7 fering with the use of said easement and right of way by Grant
its successors or assigns.
8 To have and to hold said easement and right of way unto itself
g and unto its successors and assigns forever.
I
7
10 The real property referred to hereinabove and made subject to
11
easement and right of way is situated in the County of San Die State of California, and is particularly described as follows:
12 'All that portion of Lot "H", Rancho Agua Hedionda, in the Citk
Partition Map No. 823, filed in the office of the County RecoY
of San Diego County, November 16, 1896, lying within a strip c
.. land 20.00 feet in width lying 10.00 feet each side of a cente line described as follows: Beginning at a point of intersecti
the Southerly boundary of said Rancho Agua Hedionda with the Easterly line of the Atchison, Topeka and Santa Fe Railroad Cc
right of way, said point being also the Southwest corner of tl: tract of land described in document No. 190502, filed in the c of the County Recorder of San Diego County, September 16, 195s
thence Northerly along said right of way line and along a curv
concave Southwesterly, having a radius of 2914.93 feet a dista
of 183.47 feet, through a central angle of 3O36'23"; thence le said Easterly right of way line North 6loO8' 18" East, 55.2.2 fe to the TRUE POINT OF BEGINNING; thence Northerly along a curve 20 I concave Southwesterly having a radius of 2940.18 feet, a dista
of 393.90 feet through a central angle of 7O40'34" ; thence
211 tangent to said curve North 31°06'40" West, 1142.13 feet; then I Northerly along a tangent curve concave Easterly having a radi 22 11 of 1000.00 feet, a distance of 34.20 feet, through a central a /I of 1O57' 36" to a point in the Northerly line of the above desc 2311 tract of land described in document No. 190502. The sidelines 1 said 20.00 foot strip of land to be lengthened or shortened sc
24 ~
to terminate Northerly in said Northerly line and Southerly in Northerly line of Parcel "A" as said parcel is described in Su
251 Court Case No. 258512,
1 Carlsbad, County of San Diego, State of California, according
I 26 11
27 11
28 ii
11
29 I/ I'
31 /I
32 //
30 I/
WALKER. WALKER 2 GAN N
660 VALLEY PARKWAY 1 ATTORNEY8 AT LAW 11
P. 0. BOX 1827 j I SUITE 205
CALIFORNIA 92025 I, ESCONDIDO. !I
TELEPHONZ f711? 74s-2322 ;I
Also the privilege and right to extend embankment slopes at a
of 2 horizontal to 1 vertical, excavation slopes at a ratio of
horizontal to 1 vertical, and drainage structures beyond the 1 of the herein granted strip of land where required for the cor
struction and maintenance of the roadway to be constructed on
strip of land, the extremities of whi,&,;,s;haXl?-not exceed 25.0C
on the westerly side and 25.00 fe.et;-on.i'th'e-,leas:t&.rly side of tk
above described center line; res-erving ...U n,to .'own'e.rs of the abo\
described parcel of land, their 's:f$ce;ssor.s:.i,or..as'&igns, the ric at any time to remove such slop@s'io.$' porbieip. erereof upon rea the necessity for maintaining;' suchIi:slop&S; or:.p;tj'rtions thereof,
upon providing in place thereof' ,9.~~.r::'i:adequa.tie''. lateral support
design and construction of whi&hT<sh;al!I b.e'~-:f~rs,~..~approved by th
Vista Sanitation District and '.t~e':~~~y,::o.~''C,:rls~ad.
;.': ij ,.I - .
&./ ~. .- . ' -,, : ';, .,,- , . ,< -- y : :( : ,a. ' ._ J
..>.,,L.:- ,<. :. , . >,>>."
..,:*.*";"*-.' - . - - ?, 4 . % %> i &.I ," . -. I ,. -, :.. ~ , .:? ?"
.. .
>i s %.. '. , . . >> ,.
. .. *. - .,., ~~. ..*>..y.-.-:. . -< .ir
;'. , ,.' /j w 0
"I1 il
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
29
30
31
32
WALKER. WALKER & GANN AYTORNEYS AT IAW 660 VALLEY PARKWAY SUITE 205 P. 0. BOX 1827 ESCONDIDO. CALIFORNIA SZOPS TELJZPHONE (714) 748-2322
/I 11 i I I
Ii I I
I !
'I 11 il I
I 11 I1 11
ii
I/ l~
!I 11
I~
! 1 1
I
1
j
PARCEL D
Easement for Waterlines
A perpetual easement and right of way upon, through, under, ov and across the hereinafter described real property for the installation, construction, operation, maintenance, repair,
replacement, and reconstruction of water, pipe lines, and all
structures incidental thereto, together with the perpetual rig
to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use c said easement and right of way by Grantee, its successors or assigns.
To have and to hold said easement and right of way unto itself
unto its successors and assigns forever.
The real property referred to hereinabove and made subject to easement and right of way is situated in the County of San Die
State of California, and is particularly described as follows:
All that portion of Lot "HI' Rancho Agua Hedionda, in the City
Carlsbad, County of San Diego, State of California, according
Partition Map No. 823, filed in the office of the County Recor
of San Diego County, November 16, 1896, lying within a strip c
5.00 feet in width lying 2.50 feet each side of a center line
described as follows: Beginning a.t a point of intersection of
Southerly boundary of said Rancho Agua Hedionda with the East€
line of the Atchison, Topeka and Santa Fe Railroad Company ri5 of way, said point being also the Southwest corner of that trz of land described in document No. 190502 filed in the office c County Recorder of San Diego County, September 16, 1959: thenc
Northerly along said right of way line and along a curve concz
Southwesterly having a radius of 2914.93 feet a distance of 1E
feet, through a central angle of 3O36'23"; thence leaving saic
Easterly right of way line, North 61°08'18" East, 55.22 feet:
thence Northerly along a curve concave Southwesterly having a
radius of 2940.18 feet, a distance of 393.90 feet through a CE
angle of 7"40'34"; thence tangent to said curve North 31O06'4C
West, 947.13 feet; thence South 58O53'20" West, 10.00 feet to
TRUE POINT OF BEGINNING; thence continuing South 58O53'20'' We: a point in the above described Easterly line of the Atchison,
Topeka and Santa Fe Railway Company right of way. The sidelir
of said easement to be lengthened or shortened so as to termir
Westerly in said Easterly right of way line.
Dated : MAR 20 4969
. VERNE Qb ~~~~~~~
Judge of the Superior COI
i I ! I I I ! I
L B' "ES,
!I?& loregoing ?nsistrurnmt is. a.f.11, true ana correa m$y of
the original OR file 33 t$;s of&: 1 II k ~ ~
. LM'AR-:~.($'I~@ ''li1'.
,I , . .". *ttes~-----~------~-~--~-~--~-,~?-~-~:----..~..~.~ ..______ :.c __.___ ....,L. ____.. >.-"--.-I9 __.__
county Clerk;&d @lerk'of the Sh$+icr c+urt of the State
.. 1j ,. i r
.. ..
' % , .., ., .I . - '"
I