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Home My WebLink About; Carlsbad Promenade Partners LLC; 1999-0740360; Condemnation. f' RECORDING REQUESTED BY 1 CITY OF CARLSBAD 1 1 WHEN RECORDED MAIL TO: 1 RICHARD R. FREELAND, ESQ. *I ASARO, KEAGY, FREELAND & MCKINLEY 1 31 70 Fourth Avenue, Suite 400 1 San Diego, CA 92103 1 1 SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 DOCUMENTARY TRANSFER TAX $ - Computed on the consideration or value of property conveyed: OR - Computed on the consideration or value less liens or encumbrances remaining at the time of sale. Signature of Declarant or Agent determining tax - Firm Name FINAL ORDER OF CONDEMNATION 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 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CASE NO. N 78509-1 &7zt?&&A CITY OF CARLSBAD, a 1 municipal corporation, 1 1 Plaintiff, 1 1 V. 1 1 CARLSBAD PROMENADE 1 PARTNERS, LLC, a Delaware Limited 1 Liability Company, ) 1 Defendant. 1 1 1 FINAL ORDER OF CONDEMNATION Complaint Filed 07/02/98 Hon. David B. Moon, Jr. Dept: 24 Trial: 3uly 16, 1999 I. .. I 1. L 5 11 I< It appearing to the court that judgment in condemnation has been entersd in the above- &. I. 1.2 entitled action on September 20, 1999, adjudging that plaintiff is entitled to take,by condemnation the property described in the judgment on file herein and more fully described - -- hereafter and in accordance with this judgment, plaintiff has paid the sum of money due; NOW THEREFORE, IT IS HEREBY ORDERED, 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 "A" attached hereto and made a part hereof, be condemned to plaintiff for the purpose of the "Poinsettia Lane Extensioflallentine Drive Project" 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 Final Order of Condcrnnaiion 1 1 I 1 1 1 1: 1( 1: 1E IS 2C 21 22 23 24 25 26 27 28 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 described herein shall vest in plaintiff. DAVID 0. MOON, JR. Judge of the Superior Court DICARLSBADWROMENAnalord.wpd '199 3:59PM) 2 _a- <.' -. -. .. THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. QUX~TER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE. 4 WEST, SAN EXCEPTING THEREFROM THAT PORTION LYING WITHIN ALGA ROAD AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 22, 1997 AS FILE NO. 1997-0651331 OF OFFICIAL RECORDS. APN 2 15- 070 -26-00 ". , EXHIBIT "A" . LEGAL DESCRfPTlON SARKARIA .(POINSETIA LANE) PR 3.4338 . ,. 3-3 -72 LS. 5669 -5J-d-y JOHN W. HILL. JR. 1-7 LS. 5669 )"I \ I- - DEDICLZTION PLAT - ClTy OF C4RLs84D APPLICANT: IPREPARED By: 1 PROJECT: 1 AP.N.: xx p-? 3-3-pz . Po/NSrn 215-070-26 JOHN W. HRL JR. LI 5669 Drpm 9/m/99 CATELLUS RESIDENTIAL CjiCLR IRVIS. CA 92714 SUITE 400 5 PARK RAtA LANE PR. 3.4.318 EXHIBIT "B" . (714) 251-6100 1. JCANT: sX-2LUS RESICENTI& GiKxR IRViNE. CA 92714 3ITE 400 5 PARK RUA :714) 251-6100 I! PREPARED 8y: PROJECT: AP.N.: PoINSE7724 215-070-26 ME. %.../?-5l 3-7-4e JOHN W. HU, JR Ls. 5669 EXPIRES: 9/30/99 PR. 3.4.378 EXHIBIT "A"' * LEGAL DES CRlPTIO N S ARKARJA PR 3.2.106 (SLOPUfEMPORARY CONSTRUCTON AND DWPJAGE EASEMENTS) , ' TEOSE PORTIONS OF XE SOUTH HALF OF WE SOUTdbVEST QUAKE3 OF TEE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNAROINO MERIDIAN, AS DESCRIBED IN DEED 70 DALJIT AND ELAINE SARKARIA RECORDED FEBRUARY 6, 1981, FILE~PAGE CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALjFORfih ACCORDING TO PARTICULARLY DESCRIBED AS FOLLOWS: NO. 87-037884 OF OF+'ICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY' OF UNITED STATE GOVERNMENT SURVEY APPROVED, BEING MORE PARCEL 1 (DEDICATION PARCEL) BEING A 702.00 FOOT WOE STRIP OF LAND LYING 51-00 FEET ON EACH SIDE . .- OF THE FOLLOWING DESCRIBED CENTERLINE . -. . .- . . "I >. . . A=- , BEGINNING. i. . . ,. i. - - THE HEREINABOVE .. DESCRJBED PARCEL OF LAND CONTAINS 1.048 ACRES MORE OR LESS. MORE OR LESS. A . . ..;. . . .. c- . WE SOUTHEFILY LINE OF SAID SECTION 22 AND NORTHEASTERLY IN THE EASTERLY LlNE OF WE SOUTH HALF Of WE SOUTHWEST QUAfiTER OF THE “SOUTWWEST QUARTER OFSAID f. SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF MORE OR LESS. CONTAINS 0.442 ACRES PARCEL 6 (DRAINAGE EASEMENT) BEING A 15.00 FOOTW~DE STRIP of LAND LYING 7.50 FEET ON EACH SIDE OF PAGE 5 OF 7 6ElNG A 25.00 FOO-~WDE STRIP OF IAND LYING 12.50 FEE? ON EACH SIDE OF TO THE POINT OF TEilMINUS. 1 THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF MND TO 6E SZORENEI OR EXTENDED SO AS TO TEXMlNATE SOUTHmSTERLY IN THE NORTHEiiLY LINE OF THE HEREINABOVE: DESCRIBED PARCEL 1. F 7-3-78 JOHN W. HILL, JR. LS. 5563 .. 4PPLICANT: CATELLUS RESIMNTIAL CROUP IRVIE, CA 92714 %IT€ 400 5'PAIM FuzA (714) 251-6100 - PREPARE0 BY: . PROJECT: AP.N.: 215-070-26 SLOPE & TEMPORARY CONSTRUCTION E4SEMEMS ' EXHIBIT ~4% 3-3-78 JOHN W. HILL JR. LS. 5669 EXPIRES: 9/30/99 PR. 3.2.106 November 15, 1999 TO: City Clerk FROM: City Attorney CITY OF CARLSBAD V. CARLSBAD PROMENADE - CASE NO. N78509-I Attached to this memorandum, please find the recorded copy of the “Amended Final Order of Condemnation” in this case which was recorded on November 5, 1999. The original order is on file with the Court. Please make this copy part of your permanent files which vests as property in the City of Carlsbad which was required for the Poinsettia Lane Extension/Ballentine Drive project. I appreciate your cooperation and courtesy in this regard. RONALD R. BALL City Attorney rmh attachment c: City Manager