HomeMy WebLinkAbout; |Lear|Virginia|; 44080; Condemnation44081:
PLAINTIFF
,
(SPACE BELOW FOR FILING STAMP ONLY)
Return to:15
i
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
ATTORNEYS AT LAW
56O VALLEY PARKWAY. SUITE 2O5
P. O. Box 1827ESCONDIDO. CALIFORNIA 92O25TELEPHONE (714) 745-2322
1366
ClAU RECORDS-
SAN DIEGO C01
NO FEE
Attorneys for_Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
No. 258512
CITY OF CARLSBAD, a municipal
corporation,
Plaintiff,
-vs-
VIRGINIA LEAR, et al.,
r efendants.
FINAL ORDER OF CONDEMNATION
(Parcels B & E)
IT APPEARING that heretofore, to wit* on February 26, 1968,
the Court made and entered its Judgment and Decree in Condemnation
(Judgment Book 628, Page 315) against defendants VIRGINIA LEAR,
HENRY H. DRAEGER and GUY 1. WARD, as Executors of the Last Will and
Testament of JESSIE I. SCHUYLER, deceased, whereby the Court ad-
judged and decreed the amount of just compensation and damages to
be paid by plaintiff for the condemnation and taking by plaintiff
of Parcels B & E.
IT FURTHER APPEARING to the Court that plaintiff has made all
payments that are required by law or orders or judgments or decrees
of this Court, and that this is not a case where any bond need be
given; and
ALL AND SINGULAR the law and the premises being by the Court
understood and fully considered; NOW THEREFORE,
IT IS ORDERED, ADJUDGED AND DECREED:
-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
ATTORNEYS AT LAW
56O VALLEY PARKWAY
SUITE 2O5
P. O. BOX 1827
ESCONDIDO.CALIFORNIA 92O25
TELEPHONE
(714) 745-2322
1. That there ia hereby taken and condemned by plaintiff
CITY OF CARLSBAD, the fee simple title in and to the real property
hereinafter described and designated Parcel B, and that there is
hereby taken and condemned by plaintiff an easement and right of
way upon, through, over, under and across the real property herein*
after described and designated Parcel E for the installation, con-
struction, operation, maintenance, repair, replacement and recon-
struction of sewer pipelines and/or mains, manholes, sewer lateral
pipelines and all other structures incidental thereto together witl
the perpetual right to remove buildings, structures, trees, bushes
undergrowth, flowers and any other obstructions interfering with
the use of said easement and right of way by plaintiff CITY OF
CARLSBAD, its successors or assigns.
2. That said parcels of real property are condemned for the
purposes set forth in plaintiff's Second Amended Complaint and for
the purposes for which said easement and right of way may be used
as described above; and that said uses are public uses and uses
authorized by law.
3. That a certified copy of this Final Order of Condemnation
be recorded in the office of the Recorder of the County of San Die 30
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 designated
Parcels B & E.
4. That the plaintiff CITY OF CARLSBAD took possession of th
hereinafter described parcels of real property on August 17, 1964,
pursuant to an Order for Possession dated June 30, 1964.
5. That the parcels of real property referred to hereinabove
and described in plaintiff's Complaint and therein designated
Parcels B & E are situate in the County of San Diego, State of
California, and are more particularly described as follows;
-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
29
30
31
32
WALKER. WALKER
&GANN
ATTORNEYS AT LAW
56O VALLEY PARKWAY
SUITE 205
P. O. BOX 1827
ESCONOIDO.CALIFORNIA 92O2S
TELEPHONE
(714) 745-2322
PARCEL B
All that portion of Fractional Section 20, T. 12 S., R. 4 W ,
5.B.M., according to the U.S. Government Surveys approved
October 25, 1875 and September 17, 1915 described as followss
Beginning at the most Northerly corner of Lot 19 in Block 21
of La Costa Downs Unit No. 1, according to Map thereof No. 201J3
filed April 6, 1927 in the office of the Recorder of said
County, said corner being an angle point in the Northerly
boundary of said La Costa Downs Unit No. 1, thence along said
Northerly boundary S. 69«33'55" W., 69.29 feet (S. 63*53*20"
W., 68.75 feet, Hap 2013) to the Easterly line of the Right
of Way of the Atchison, Topeka and Santa Fe Railway Company,
Coast Lines, being the successor in interest of the California,
Southern Railroad Company, which was shown on a map approved
by the Secretary of the Interior, May 12, 1881; and constructed
in 1882 on the location shown on said map; thence along said
Easterly line N. 18»24'35" W., 1204.44 feet to a point in the
Southerly boundary of the Rancho Agua Hedionda, according to
the United States Government Resurvey of 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 the Recorder of said
county, June 21, 1920 as Miscellaneous Map 29 and also ac-
cording to Map marked "Plaintiffs Exhibit A in Superior Court
Document No. 16830, dated May 6, 1916," thence along said
boundary S. 89*27'10" E., 878.76 feet to a line which bears
N. 27°14'24" W., from a point being at coordinates
Y«346,551.44 feet and X»l,673,240.07 feet? thence along said
line S. 27°14'24" E., 652.95 feet to a line which bears N.
61°51'00" E., from the Easterly terminus of that 60 foot
radius curve on the Northerly line of La Lome Blvd., as shown
on said Map 2013; thence S. 61°51'00" W., 292.78 feet to
said Easterly terminus; thence Westerly and Southwesterly
along said curve 60.31 feet through a central angle of
57*35'50" to an intersection with a line which bears S.
61°51'00" W., from said Easterly terminus; a radial to said
curve at said intersection bears N. 56°56'55" W., thence
along said line S. 61°51'00" W., 484.04 feet to a line which
bears N. 18*24'35" W., from an angle point in the Northerly
line of San Luis Boulevard as shown on said Map No. 2013, said
angle point being the Westerly terminus of that line having a
bearing of "N. 89«58'20" E.", thence S. 18»24'35" E., 115.28
feet to said angle point? thence S. 51°00'55" W., (S. 50-20*
20M W., Map 2013), along said Map No. 2013, 42.19 feet to
the Point of Beginning.
Containing 17.74 acres, more or less.
The bearings, distances and coordinates used in the above
description are on the California Coordinate System, Zone 6.
Multiply all distances in the above description by 1.0000370
to obtain ground level distances,
1
2
3
4
5
6
7
8
9
10
11
12
15
14
, 15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
WALKER. WALKER
&GANN
ATTORNEYS AT LAW
86O VALLEY PARKWAY
SUITE 2O5
P. O. BOX 1827
ESCONDIDO,CALIFORNIA 92O2S
TELEPHONE
(714) 745-2322
<te>
PARCEL E
A perpetual easement and right of way upon, through, under,
over and across the hereinafter described real property for
the installation, construction, operation, maintenance, re-
pair, replacement and reconstruction of sewer pipelines and/
or mains, manholes, sewer lateral pipelines, and all struc-
ures incidental thereto, together with the perpetual right
to remove buildings, structures, trees, bushes, undergrowth.
Lowers and any other obstructions interfering with the use of
said easement and right of way by plaintiff City of Carlsbad,
its successors or assigns.
To have and to hold said easement and right of way unto itself
and unto its successors and assigns forever.
The real property referred to hereinabove and made subject to
dd easement and right of way is situated in the County of
San Diego, state of California, and is particularly describedas follows!
Fhat portion of Lot 1, Fraction Section 20, Township 12 South,
lange 4 West, S.B.M., in the County of San Diego, State of
California, according to U.S. Government Survey approved
October 25, 1875, lying within a strip of land 15.00 feet in
ridth, lying 7.5 feet each side of a center line described as
.lows: Beginning at a point of intersection of the Southerl
boundary of said Rancho Agua Hedionda with the Easterly line
the Atchison, Topeka and Santa Fe Railroad Company right
of way, said point being also the Southwest comer of that
: of land described as Parcel No. 1 in document No.
L90502, filed in the Office of the County Recorder of San
Diego County September 16, 1959; thence South 89*49'37" West
ilong said Southerly boundary 327.08 feet to a point in the
Westerly line of the Atchison, Topeka and Santa Fe Railroad
right of way? thence South 22°22'2Q» East along said Westerly
right of way line 255.29 feet to the TRUE POINT OF BEGINNING:
thence South 71-13'12" West, 250.75 feet to a point in the
Easterly boundary of State Highway, Division 7, Route 2,
Section B as said Highway boundary is described in Deeds
recorded December 31, 1951, in Book 4332, pages 306 and 310
of Official Records.
MAR IS 1968 &JCHARD B. AULT
DATEDa
Judge of.the Superior Court
and correct copy oi"'
R- B, JAMES,
The
the original «** 4l
,„.„,. Deputy