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Home My WebLink About; Bramelea California Inc; 1996-0578777; Condemnation.I , A PLEASE COMPLETE THIS INFORMATION: RECORDING REQUESTED BY: ASARO, KEAGY, FREELAND & MCKINLEY By: RICHARD R. FREELAND, Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (61 9) 297-31 70 AND WHEN RECORDED MAIL TO: ASARO, KEAGY, FREELAND & MCKINLEY By: RICHARD R. FREELAND, Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (61 9) 297-31 70 DOC W 1996-0578777 I630 1 15-MOW-1996 11:OO AH OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SflITH I COUNTY RECORDER FEES: 0.00 ' 1 This Space far Rmrdrn's Use Only FINAL ORDER OF CONDEMNATION. SUPERIOR COURT CASE NO. N 69946 . .-. L . .< 1 2 3 4 5 6 7 8 g 10 11 12 13 14; 15 16 1T 10 19 20 21 - 22 23 24 25 26 27 28 -\ OCT I6 1996 MICROFILM CC P668.5 / REEL ## 257;~. 1;:j- SUPERIOR COURT OB THE STATE OF CALIFORNIA FOR THE CO- OF SAN DIEGO CITY OF CARLSBAD, A Municipal Corporation, Plaintiff, 1 1 V. 1 1 BRAMAGEX CALIFORNIR, INC. , a 1 ClaIifornia corporation; 1 TICOR TlTLE INSuRANeE 1 CaTi f ornia Corporation ; 1 LENNAR HOMES, INC- ; 1 RICK ENGXNEERING COMPANY; 1 STATE OF CALI'FORNIA 1 FR#"ISE TAX BOARD; 1 HAROLD THOMPSON; 1 HARMON C. BROWN; 1 COUNTY OF SAN DIEGO FLOOD 1 CONTROL DISTRICT; 1 and, DOES f Through 100, 1 Inclusive, 1 1 Defendants. 1 INSURANCE7 COMPANY OF CALIFORNIA, 6 SAN DIEGO GAS & ELECTRIC COMPANY; 1 NO. N 69946 FINAL ORDER OF CONDEMNATI~' 1 It appearing to the Court that judgment in condemnation has been entered in the above-entitled action on September 12, 1996, adjudging that Plaintiff is entitled to take by condemnation the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 16 tT 18 19 20 21 .- 22 23 24 25 26 2? 28 described hereafter and in accordance with this judgment, Defendants have received the sum of money due; NOW THEREFORE, IT IS HEREBY ORDERIZD, ADJUDGED, AND DECREED that the real property and real property interests situated in the County of San Diego, State of California, and more particularly described in Exhibit "AN attached hereto and made a part hereof, be condemned to Plaintiff for the purpose of the "Alga Road Projectff in the manner: proposed by Plaintiff in furtherance of public and general welfare. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this Order be recorded in the Office of the County Recorder of the County of San Diego, State of California, and thereupon, title to said. property describe hereinAhall vest in Plaintif fT Jddge of the Superior Court APPROVAL U TO FORM: Dates: 4- ZX-~( ASARO, KEAGY, FREELAND & MCKINLEY BY Attorneys for Plaintiff /I/// ///// I//// m:BmEA.FOC T411.01(06/20/96 ll:55am) Attorneys f& Defendant BRAMAT.IEA CALIFORNIA, INC., a California corporation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 22 24 25 26 20 Dated: BRAMALEA CALIFORNIA, INC., a California corporation (Title) BRAMALEA CALIFORNIA, LLC f a California Limited Liability Company JDG:BRAMALEA.FOC T411.01(06/20/96 1l:SSam) d LEGAL DESCRIPTION ALGA ROAD SLOPE EASEMENT DEDICATION FOR ALGA ROAD FOR SAMBI SEASIDE HEIGHTS WI'PEIIN T.A.F. NG. 215-07-42 A PORTION OF "2W REAL PROPERTP DESCRIBED IN A GRANT DEED To A DOCUMENT RECORDED MARCH. 19, 1990 IN THE OFFICE OF THE COUNTY RECORDER OF SAWDIEGO COUNTY8 STaTE OF CALIFORNIA AS DOCUMENT NO. 90-14562s BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSS BRAMALEA CALIFORNIA8 INC. 8 A CALIFORNIA CORPORATION ACCORDING TO BEGINNING AT THEE SOUTIIEAST CORNER. OF THAT 68.558- ACRE PARCEL AS SHOW ON RECORD OF SURVEY NCL 9812 RECORDED IN! "E OFPICE Qp' THE COUNTY" RECORDER! OF SAID SAH DIEGO COUNTY ON 18 OCTOBER, 3384. THENCE ALONG !M3E SOUTN =NE OF SAID PARCEL NOR= 89 DEGREES- 13 MI-S 59 SECONDS WEST: A DISTANCE OF 220.41 FEET TCB TtE. *T&W POINT" 0 F BEGIWNING"; THENCE LEAVING SAID SOWE5 CINE, SOUTH a@ DEGREES za MINUTES 11 SECONDS EASIC; R DISTANCE OF 182-19 EEET; THENCE SOU!l!E 31 DEGREE8 09 MINUTES 54 SECONDS EAST A DISTANCE OF 314-70 BEET; THENCE SOTJTE! 7% DEGREES 42 MINUTES' 26 SECONDS EASI? 1p. DISTANCE CSF 96-57 PE&T;;., TEENCE som a2 DEGREES 52 MINUTES 49 SECO~S EAST A DISTBNCIZ OP' ~7.03 =ET; ~WCE SOUTIE 5a DEGREES- 22 MINUTES 56; SECONDS WSZ! R DISTANCE OF 80.56 FEET; THENCE SOOT& 17 DEGREES a2 MINUTES m SKCONDS EAST AC DISTANCE OF ~35~7~ FEET: T"CB! SOUTEE 62 DEGREES 33 &%INuTESi 14 SECONDS EAST b DZSTANa OF 107*,115 FEET; THEN- SOWI!€F. DEGREES 07 MINUTES 47 SECONDS WEST A DISTANm OP 11.25 EEgT; THENCE SOUTH 60 DEGREES 14 MINUTES; 26 MINWFES 34 SECOND§ EAST Ai DISTANCE OF 411.56 FEET; THENCE SOUTH 01 DEGREES; 33 MXNUTES 35 SECONDS EAST A DISTANCE OF 44.89 FEET; THENCE NORTH 86 DEGREES 59 MINUTES 29 SECONDS- WEST A DISTANCE OF 165,11 FEET; THENCE NORTH 37 DEGREES 59 MINUTES 25 SECONDS WEST k DISTANCE OF 37.13 FEET; THENCE NORTH 18 DEGREES 04 MINUTES 30 SECONDS WEST A DISTANCE OF 279.17 FEET; THENCE NORTH 00 DEGREES 33 MINUTES 30 SECONDS EAST A DISTANCE OF 139.83 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 01. SECONDS WEST R DISTANCE OF 33.73 FEET; THENCE NORTH 14 DEGREES 23 MINUTES 40 SECONDS: WEST A DISTANCE OF 180.66 FEET; THENCE NORTH 23 DEGREES 04 MINUTES 11 SECONDS WEST A DISTANCE OF . 126.63 FEET; !J!HENCE NORTH 26 DEGREES 01 MINUTES 40 SECONDS WEST A DISTANCE OF ii6.4a FEET; THENCE NORTH 31 DEGREES 19~ MINUTES 47 SECONDS WEST A DISTANCE OF 13T.25 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 11 SECONDS WEST A DISTANCE OF 290.81 FEET TO SAID SOUTH LINE; mNCE ALONG SAID SOUTH LINE8 SOUTH 89 DEGREES 13 MINUTES 59 BEGINNING" . SECONDS WEST A DISTANCE OF 7a-58 FEET; THBNCB SOUTH 14 DEGREES 24 SECONDS EAST A DISTANCE OF 221.63 FEET TO THE "TRUE' POINT 0 F FILE:C:LEGAL:ALGASE42.LGL I I I I I t I I I I I I I I I -- e-*-- I I I I I I I I I I I I I I I I I r I I I I I I’ 1 I I I 1 \I \‘ \I Y \ \ \ \ I I I I I I I I I I I I I I I I I I I LEGAL DESCRIPTION ALGA ROAD STREET DEDICATION FOR SAMBI SEASIDE HEIGHTS WITHIN T.A.P. NO. 214-14-42 A PORTION OF THAT REAL PROPERTY DESCRIBED IN A GRANT DEED TO BRAMALEA CALIFORNIA,, INC., A CALIFORNIA CORPORATION ACCORDING TO A DOCUMENT RECORDED MARCE 19, 1990 IN THE OFFICE OF THE COUNTY 90-145625 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RECORDER OF SALS DIEGO COUNTY, STATE OF CALIFORNIA AS DOCUMENT NO. BEGINNING AT THE SOUTHEAST CORNER OF THAT 68.558 ACRE PARCEL AS SHWN ON RECORD OF SURVEY NO. 9812 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTP ON 18 OCTOBER, 1984, THENCE ALONG THE SOuT& LINE OF SAID PARCEL NORTH 89 DEGREES 13 MINUTES 59. SECONDS WEST Ail DISTANCE OF 260.22. FEET TO "E "TRUE POINT OF BEGINNING"; THENCE SOUTH 40 DEGREES 20 MINUTES 11 SECONDS EAST A DISTANCE OF 71-65 FEET TO THEE BEGINNING OF A 1451.00 FOOT ALONG SAID CURVE, THROUGE RL CENTRAL ANGLE OF 25 DEGREES 36 mS 53 SECONDS AN 2UC DISTANCE OF 648.69 FEET; THENCE TANGENT Ta WD 560-32 PEET To THE BEGINNING OF A 25.00 FOOT TANGENT CURVE, THROUGE b CERCRXG ANGLE. OF 92 DEGREES 3Q MINUTES 55 SECONDS AN ARC' TANGENT CURVE, CONCAVE TO THE SOUTHWEST; TliENCE SOUTHEASTERLY', CURVE, SO- 14 DEGREES 43 MINUTES 18 SECONDS EAST A DISTANCE OF CONcELvg TO THE NORTEEST; THENCE SOUTHEASTERLY, ALONG SAID CURVE, DISTANCE OE" 40.37 =ET; THENCE TANGENT TO SAID CURVE, SO- 72 DEGREES 25 MINUTES or SECONDS WEST A DISTANCE OF 152. is FEET TO THE BEGINNXNG OF AI 25,OO POOT TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE' NORTHEASTERGY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF' 87 DEGREES 29 MINUTES 05 SECONDS AN ARC DISTANCE' OF 38.17 FEET; T"CK TANGERI! TO SAID CURVE', NORTH 14 DEGREES 43 MINUTES 18 SECONDS WEST A DISTANCE OF 567.00 FEET TO THE BEGINNING OF A NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL AN= OF 25 THENCE TANGENT TO SAID CURVE, NORTH 40 DEGREES 20 MINUTES 11 SECONDS WEST ADISTANCE OF 160.64 FEET TO SAID SOUTH LINE; THENCE SOUTH 89 DEGREES 13 MINUTES 59 SECONDS EAST A DISTANCE OF 135.36 FEET TO THE "TRUE POINT OF BEGINNING". 1349.00 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE DEGREES 36 MINUTES 53 SECONDS AN ARC DISTANCE OF 603.09 FEET; FILE : C : LEGAL tALGATP4 2. LGL f-' I h I '\ I\ I\ I I \ \ \ 1637 I i I I I- I I I I I 1 I I I I I I I I I I I I I I I I I I I . 2' 9 5 - 1017C2 02/20/96 REVISED 11/29/95 CMWD 89-504 I 1638 EXHIBIT "A" 30' WATER EASEMENT APN 214-140-42 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : PARCEL D COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE, ALONG THE EAST LINE OF SAID SECTION 21 NORTH OOO33'30" EAST 493.39 FEET; THENCE, SOUTH 66O26'15" WEST, 3.57 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD, THENCE CONTINUING SOUTH 66O26'15" WEST, 38.97 FEET; THENCE SOUTH 21O26'15" WEST 23.78 FEET TO A POINT ON THE NORTHERLY LINE OF A 30 FOOT WIDE EASEMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JULY 21, 1958, AS DOCUMENT NO. 116511 IN BOOK 7174, PAGE 308 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT AND ALONG A NON-TANGENT 1096.23 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS SOU"€€ 24O56'14" EAST; THENCE, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°19'22r1 A DISTANCE OF 44.44 FEET; THE RADIAL TO SAID POINT BEARS SOUTH 24O56'14" EAST; THENCE, NORTH 21O26'15" EAST, 68.99 FEET; THENCE, NORTH 66O26'15" EAST 56.03 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD; THENCE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF FUTURE ALGA ROAD, AND ALONG A NON-TANGENT 1349 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST THE RADIAL TO SAID POINT BEARS SOUTH 74O53'10" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE OF 00°23'30" A DISTANCE OF 9.22 FEET; THENCE SOUTH 14O43'20" EAST 21.13 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,810.4 SF = 0.0652 AC F:\WP\95- IO 17\LEGALS\WATER.002 . . __ . FRANK L. ASARO ROSCOE D. KEAGY > RICHARD R. FREELAND, , STEVEN A. MCKINLEY’ *ALSO ADMITTED IN NEVADA ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (6191 297-3170 FACSIMILE (6191 2994266 December 6, 1996 Office of the City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: City of Carlsbad v. Bramalea, et al. Ladies and Gentlemen: Enclosed for your records is a copy of the final order of condemnation which was filed and recorded in the above-captioned matter. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY &an. FO Richard R. Freeland crw Enclosure cc: Richard Allen