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HomeMy WebLinkAbout; San Dieguito National Bank; 1998-0691665; CondemnationRECORDING REQUESTED BY: ASARO, KEAGY, FREELAND & MCKINLEY By: ROSCOE D. KEAGY, ESQ. Fourth Floor, 3 170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 AND WHEN RECORDED MAIL TO: ASARO, KEAGY, FREELAND & MCKINLEY By: ROSCOE D. KEAGY, ESQ. Fourth Floor, 3 170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 1387 ~ ~ . . 1998-0691 666 Exempt from filing fees pursuant to Gov. Code Sec. 6103 ClFFICIflL RECORNS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 FINAL ORDER OF CONDEMNATION SUPERIOR COURT CASE NO. N 075924 This Space for Recorder's Use. Only F\WPWCSKR~COYER.PO Case# .01 10119/98 I:3Spm) 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 1388 OCT 2 1 1998 By: c. KUGER,Uepury VISTA BRANCH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, 1 NO. NO75924 A Municipal Corporation, 1 Plaintiff, V. SAN DIEGUITO NATIONAL, BANK; CAL WEST MORTGAGE CO.; and, DOES 1 Through 100, Inclusive, FINAL ORDER OF CONDEMNATION 1 ) 1 Dept: Judge J. Morgan Lester Defendants. \ It appearing to the Court that judgment in condemnation has been entered in the above-entitled action on September 10, 1998, 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 "Black Rail Road Project'' in the manner proposed by Plaintiff in furtherance of public and general welfare. 1 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 1389 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 described herein shall vest in Plaintiff. Dated: OCT 2 0 1998 Judge of the Superior Court APPROVAL AS TO FORM: F:\WPDOCS\CRWWUDGE\SANDIEG.FOC C145.22 (08/10/98 10:25am) 2 ASARO, KEAGY, FREELAND & MCKINLEY Special Counsel n Attorneys for Plaintiff i6mG. Grrllagher4Trustee of ge Ndrman G. Gallagher and Debra L. Gallagher Family Trust Catherine Ann Cameron Tho foregoing instrument is a full. hue and caract Attest I KENNETH E. MARTONE Clerk of the Superior Court of the State of California, RECORDING REQUESTED BY AN0 WHEN RECORDED, PLEASE MAIL TO: , 1390 1- City Clerk City of Carisbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above this line for Recorder‘s Use Project No. & Name The undersigned grantorts) declare($): Assessor‘s Parcel No., 21 5-070-1 0 Oocumentary transfer tax is $O.OQ PR 3.4.290 ( ) computed on full value of property conveyed, or J ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carisbad. and - GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby aCknOW(edged. hereby GRANTS to City of Carisbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public utility purposes over, under, upon and across said real property as described in Exhibit -A‘ consisting of two (2) pages, attached hereto and made a part hereof (Exhibit “8” consisting of two (2) pages is attached for clarity only); together with access rights in and to Black Rail Road from those parcels as described in Instrument recorded July 21, 1958 in Book 7174 page 298 and hStIUment recorded February 19,1993 as document number 1993-Ol05125 Of Official records. DATED: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On I before me, (here insert name and title of officer), oersonallv appeared , personally known to me (or proved to me on the basis of satisfac!orv evidence) to be the oersonk) whose name(s) islare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in hislherltheir authorized capacitv(ies). and that by hislherltheir signature(s) on the instrument the penon(s), or the entity upon behalf of which the penon(s1 acted. executed the instrument. (Name of Companv) By: Name: (Signature) (Type or Print) Title: * -. . -- (Tyue or Print) - -. By: (Signature) Name: (Type or Print) Witness my hand and official seal. Title: (Twe or Print) Signature - 1391 EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD . SAN DIEGUITO NATIONAL BANK PARCEL PR 3.4.290 THAT PORTION OF PARCEL 2 (DEDICATION PARCEL) DESCRIBED HEREIN LYING WITHIN PARCEL 1 (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL 1 (OWNERSHIP PARCEL) r THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE - r SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 191 5. PARCEL 2 (DEDICATION PARCEL) A STRIP OF LAND 60.00 FEET WIDE, WITHIN SECTlON 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT BEARS SOUTH 00”00’14” EAST, 2377.59 FEET (SOUTH OO”33’33” WEST, 2377.60 FEET PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FLED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 11,1994 SAID CORNER BEING MONUMENTED BY A 2 INCH \RON PIPE MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02”02’03” EAST, FROM A 2” IRON PIPE STAMPED “L.S. 3189 ll2M AHR 1979”, SAID 2” IRON PIPE LIES NORTH 89”57’43” EAST, 2550.19 FEET (SOUTH 89”28’34” EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG THE SOUTH LINE OF RANCH0 AGUA HEDIONDA PER MAP NO. 823 RECORDED -. - -.__ - PAGE 1 OF 2 1392 NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECOkdER OF SAID COUNTY FROM A 2:’ IRON PIPE STAMPED ‘‘L.S. 4525 AHR S21 S22 T12N RSW CC 1980” MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02”02’03” EAST, FROM SAID 2” IRON PlPE STAMPED “L.S. 3189 112M AHR 1979”, NORTH OZ”O2’03” WEST (NORTH 01°28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23”35’22” A DISTANCE OF 123.51 FEET TO A POINT ON THE SOUTH LlNE SAID RANCHO AGUA HEDIONDA, SAID POINT BEARS SOUTH 89’57’43” WEST (SOUTH 89”28’34” EAST PER R OF S MAP NO. 14608), 25.09 iEET FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”. r r THE SIDELINES OF SAJD 60.00 FOOT WlDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA. AREA WEST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.228 ACRES MORE OR LESS; AREA WEST OF THE NORTHSOUTH CENTERllNE OF SAID SECTION 22 PER RECORD OF SURVEY 14608 CONTAINS 0.455 ACRES MORE OR LESS. 9!! % t- 2 8 47 JOHN W. HILL, JR. HUNSAKER & ASSOCIATES SAN DIEGO, INC. L.S. 5669 H&A BLACK RAIL FILE NO. 124 CHICAGO TITLE ORDER NO. 991767-52 PAGE 2 of 2 I I 1393 200 400 Oro 2' IRON PIPE MARKED RANCHO K;uA HEOIONM 6203?4 1/4 CORN€?. Na939'33-E 84.29' WE RHO. ACLU HEDIONOA _.- % 60' (#DICATION & N-S CEMU SECRCH UNE PER R.0.2 NOS. 584. 4m. 4773. 5715. 6269, N-S -SECTION UNE PG? NO SCALE 10774. 12096.& 14630. OClZWEWIWP- ROI NO. 14608 --- 21 5- U 70- I6 SAN OtEGuITO NA 77ONAL EA 2 15- 070- r o .*.- .e '*, .a , .. -* ..---.-e,.... ..e. -. c. # # et #..a I # .a.- .. *.a. , .*a. UWuIpI;QRTIzrLMI-~ 2 15- 070- 09 BASIS OF BE".GS C. C.. -. .. .* .-.a. 0 OEDICATION PUT - CllY OF CARlS8AD PPUCANT : (PREPARED gl: * I PROJECT: -- -- SAN DIEGUITO NA 77ONAL 2 15- 070- IO PARCEL I (NO BUILDINGS) SHEET 2 OF 2 SM'ETS .I 1394 -- I EXIST. 12' EASEMENT TO I -- CARlS8AD MUNICIPAL WATER OISTRICT, REC. BANK 11-6-61, F/P 192019, 0.R. - ------- ------------------------- ---- EXIST. 30' EASEMENT TO 1 CARLSBAD MUNICIPAL WATER DISTRICT ? 0 a: 2 Y k rp 1 WT TO SCALE D€DICATlON PUT - CITY OF CARLSW PUCANT : IPREPAREO By: - I PROJECT: XONE HOMES 5 EAsf RINCON, TE 150 ?OW CA 91719 A.P.N.: 2? 5-070- 10 EXHIBIT 'JB IGUITO -NATlONAL 8ANK # i RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Or. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is Sm 1395 Space above this line for Recorder's Use Assessor's Parcel No. 21 5-070-1 0 Project No. & Name ' PR 3.4.290 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carfsbad, and I encumbrances remaining at time of sale. - r - GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real prope an easement for slopes constructzin conjunc*Jon with publc streetsand public utility purposes over, under, upon and across said real ro e as desqbed in Exhlblt 'A" cpnslsbng of two (2) pages, attached hereto and made a part hereof. (&hi{it%" consisting of .two (2) pages IS attached for qarity only.) Reserving unto owners of the above-described parcel of land, their successors or asslgns, the nghts at any time to remove such slopes or portions thereof upon removlng the necesslty for maintaining such slopes or portions thereat or u on providin in lac8 thereof other adequate lateral support, the design and construction of which shall in the City of Carfsbad, County of San Diego,.State of California: be R rst approvdby &e City of Carisbad, for the protection and support of said roadway. DATED: STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) On before me, (here insert name and title of officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whoss name@) islare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the penon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (Name of Company) By: (Signature) Name: (Type or Print) -. -..- _. . Title: (Twe or Print) By: (Signature) Name: (Twe or Print) Title: (Type or Print) Witness my hand and official seal. Signature Rav. CYTH Exhibit 3 to Resolution 97-596 9 .. 1396 EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD SAN DIEGUITO NATIONAL BANK PARCEL PR 3.4.290 (SLOPE EASEMENT) THAT PORTION OF PARCEL 3 (SLOPE EASEMENT) DESCRIBED HEREIN LYING WITHIN PARCEL 1 (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL 1 (OWNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17,1915. w - t PARCEL 2 (DEDICATION PARCEL) (FOR REFERENCE ONLY) A STRIP OF LAND 60.00 FEET WIDE WlTHlN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BIERNARDIN0 MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, LYING 30.00 FEET ON EACH SlDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAlD SECTION 22 SAlD POINT BEAR: SOUTH OO”OO’14” EAST, 2377.59 FEET (SOUTH OO”33’33” WEST, 2377.60 FEET PER R OF S MAF NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWN ANI: DESCRlBED ON RECORD OF SURVEY MAP NO. 14608, ElLED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 11,1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IRON PlPE MARKED “L.S. 6287“ SAlD SOUTH QUARTER CORNER ALSO BEARS SOUTH 02”02’03” EAST FROM A 2” IRON PIPE STAMPED “L.S. 3189 112M AHR 1979”, SAID 2” IRON PIPE LIES NORTF 8937’43” EAST, 2550.19 FEET (SOUTH 89”28’34” EAST, 2550.23 FEET PER R OF S MAP NO 14608) ALONG THE SOUTH LINE OF RANCHO AGUA HEDIONDA PER MAP NO. 823 RECORDEL NOVEMBER 16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A -- - -. PAGE 1 OF 2 1397 2” IRON PIPE STAMPED NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER L J. 4525 AHR S21 S22 T12N RSW + 1980” MARKING THE CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 0Z002’03” EAST, FROM SAID 2” IRON PlPE STAMPED “L.S. 3189 1I2M AHR 1979”, NORTH 02°02’03” WEST, (NORTH 01’ 28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVlNG A RADIUS OF 300.00 FEET; THENCiZ NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23O35’22” A DISTANCE OF 123.51 FEET TO A POINT ON THE SOUTH LINE SAID RANCHO AGUA HEDIONDA, SAID POINT BEARS SOUTH 89O57’43” WEST (SOUTH 89O28’34” EAST PER R OF S MAP NO. 14608), 25.09 FEET FROM SAlC 2” IRON PIPE STAMPED “L.S. 3189 1I2M AHR 1979”. l- - - w THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR €XTENDEE: SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTlON 22 ANL NORTHERLY IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA. AREA WEST OF THE HEREIN DESCRlBED CENTERLINE CONTAINS 0.228 ACRES MORE OF LESS; AREA WEST OF THE NORTH-SOUTH CENTERLINE OF SAID S€CTION 22 PER RECORS OF SURVEY 14608 CONTAINS 0.455 ACRES MORE OR LESS. PARCEL 3 (DEDICATION PARCEL SLOPE EASEMEN73 A STRIP OF LAND 10.00 FEET WIDE, THE WESTERLY LINE OF WHICH IS PARALLEL WITH ANI 10.00 FEET WESTERLY OF THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRlBEi PARCEL 2. JOHN W. HILL, JR. HUNSAKER 8 ASSOCIATES SAN DIEGO, INC. LS. 5669 H&A BLACK RAIL FILE NO. 124 CHICAGO TlTLE ORDER NO. 991767-52 PAGE 2 OF 2 Rev. 06J19/95 , 77 AIRPORT I DEDICATION PLAT - CIIY OF CAR- SPUCANT : I PREPARED g(: . 1 PROJECT- I A.P.N.: 1399 -- -- SAN DIEGUITO NA nUNAL 215-070-10 PARCEL I (NO BUIWINGS) I I BANK 11-6-61, F/P 192019, 0.R: I - --- EXIST. 12' EASEMENT TO I CARLSBAO MUNICIPAL WATER OISTRICT, REC. CARLSBAO MUNiCIPAL WATER OlSTRlCT NOT TO SCALE -. .-.. _. PAACEL 2 \ OEDlCATlON PLAT - CITY OF CARLSaAD 'PUCANT : IPREPARED gl.. PROJECT: I A.P.N.: EXHIBIT "B" ASARO KE FRANK L. ASARO ROSCOE D. KEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY. CARL E. SIZEMORE *ALSO ADMITTED IN NEVADA Mr. Ronald Ball City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 AGY, FREELAND ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 921< TELEPHONE (619) 297-3170 FACSIMILE (619) 299-4268 December 7, 1998 & MCKINLEY 33 kahu+ v* Re: Carlsbad v. Sun Dieguito National Bank Superior Court No. N 75924- 1 @ cc: LJi+g H& . Dear Ron: Enclosed is the original Final Order of Condemnation recorded in the above- referenced matter on October 26, 1998, as Document No. 1998-069 1665. We have closed our file. Very truly yours, ASARO, KEAGY, FREELAND & McKINLEY Richard R. Freeland RRF/mad Enc.