HomeMy WebLinkAbout5502; San Diego Gas and Electric Company; 2012-0420469; Condemnation-
PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
CITY OF CARLSBAD
1
9f) 'u
AND WHEN RECORDED MAIL TO: )CJ)("-J
OFFICE OF THE CITY ATTORNEY f'\f
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
DOC tt 2012-0420469
1111111111111111111111111111111111111111111111111111111111111111111111
JUL 19, 2012 3:29PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr .• COUNTY RECORDER
FEES: 0.00
PAGES: 13
1111111111111111111111 IIIII 11111111111111111111 11111111111111111111111111111111111111
THIS SPACE FOR RECORDER'S USE ONLY
FINAL ORDER OF CONDEMNATION-PORTIONS OF ASSESSOR PARCEL NO. 210-010-40
9195
Rec.Form #R25
(Please fill in document title( s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
1 Ronald R. Ball, City Attorney
Ronald C. Kemp, Assistant City Attorney
2 California State Bar No. 170639
Office of the City Attorney
3 1200 Carlsbad Village Drive
Carlsbad, California 92008
4 Telephone: (760) 434-2891
Facsimile: (760) 434-8367
5 E-Mail: ronald.kemp@carlsbadca.gov
6 Attorneys for Plaintiff
City of Carlsbad, a municipal corporation
7
Exempt from filing fees per Gov 't Code § 6103
F I L E D
Clerk of the Superior Court
MAY 16 2012
By: P. DIETRICH, Depu~'
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION
10 CITY OF CARLSBAD, a municipal
corporation,
11
12
v.
Plaintiff,
Case No. 37-2012-00051202-CU-EI-NC
Judge: Hon. Timothy M. Casserly
Dept: N-31
FINAL ORDER OF CONDEMNATION
13 PORTIONS OF ASSESSOR PARCEL
SAN DIEGO GAS & ELECTRIC COMPANY, NO.: 210-010-40
14 a California corporation; All Persons Unknown
Claiming an Interest in the Property Described in
15 ·the Complaint; and DOES 1 through 100,
16
17
inclusive,
Defendants.
18 Plaintiff City of Carlsbad and Defendant San Diego Gas and Electric Company, a
19 California corporation, having previously stipulated to a Final Judgment in Condemnation
20 ("Judgment"), and having waived a Statement of Decision; Judgment having been entered; no
21 other party or person having or claiming to have an interest in the property being acquired or the
22 compe~s-~tion to be paid for the property; and good cause appearing:
23 . .'.NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
24 AS FOLLOWS:
25 1. The property and property interests described in the attached Exhibit "A"
26 ("Property") is hereby condemned to the City for the construction and.operation of the Terramar
27 Sewer Lift Station Project, and for public uses.
28
1
FINAL ORDER OF CONDEMNATION
1 2. The use for which the Property is sought to be condemned is for the Project, and
2 for public uses.
3 3. The San Diego Gas and Electric Company has been paid the sum of Ten
4 Thousand Five Hundred and no/100 Dollars ($10,500), as full payment of just compensation
5 pursuant to the judgment.
6 4. A certified copy of this Final Order of Condemnation shall be recorded in the
7 Office of the County Recorder of the County of San Diego, State of California, and thereupon
8 the easement in the Property shall vest in the City.
9 IT IS SO ORDERED.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: -=5:..._. _/_( 6_,, 2012
CLERK'::, ~cl{flFlCAfE
"illdoregoin& document, COBiiltial oi ~ap~aat1111lWC.IDd~
cop)' of the~igineiO copy on fllc lf
this office.
FINAL ORDER OF CONDEMNATION
...
EXHIBIT A
TO FINAL ORDER OF CONDEMNATION
RECORDING REQUESTED FOR THE
BENEFIT OF THE CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 210-010-40 ~~~~~--------Project ID: _C.::.:P:..__::5.::..50::..:2=-------
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
Project Name: Terramar Lift Station
and Force Main Replacement Project
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad, and
GRANT DEED OF WASTEWATER UTILITY EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The San Diego Gas & Electric Company, a California corporation
the owner of real property described herein located in the City of Carlsbad, San Diego County,
.California hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California:
an easement for Wastewater j.Jtilities.
PURPOSES: the construction, operation, repair, reconstruction and all activities necessary to
construct, reconstruct, operate, maintain and repair a wastewater lift station facility designed for
the general purpose of collecting wastewater flowing into, and pumping wastewater out of said
facility.
Said facility may include pumps, pipelines, fittings and appurtenances, as well as structures
designed to contain and control the flow, and all utilities, facilities and structures associated
with said use which are designed to facilitate the use and protect the facility from natural and
other forms of damage. The use shall also include a means of access to and from said facility
forth~ purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing
said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no
buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor
may the easement be used by the Grantor or any other person or entity, including other utilities,
whether public or private, for uses whether compatible or incompatible with the uses described
herein without the express written approval of the Grantee.
The easement granted herein shall be located within and upon the properties more particularly
described as Parcel "A" in Exhibit "A" and Exhibit "8" attached hereto and by this reference
made a part hereof.
H:\RON KEMPILITIGATIONISDGE Terramar Sewer LS\Deed SEWR PIPELINE EASEMENT.docx REV 4115110
OWNER:
By:
(Sign Here)
DATED ________________ __
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY
OWNER(S) MUST BE ATIACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND
THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN
FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. -----=-----...,...,..-.,...-------ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE
(Print Name Here) BOARD OF DIRECTORS THAT IS SIGNED BY THE
SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL
(Title)
By:
(Sign Here)
(Print Name Here)
(Title)
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED .IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT
AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATIER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION
OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR
ATIORNEYS WITH RESPECT THERETO.
H IRON KEMPILITIGATIONISDGE Terramar Sewer LS\Deed SEWR PIPELINE EASEMENT.docx REV 4/15/10
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~eiCSftB¥'51
State of California
Coun~m __________________________ __ }
On -----::-::.,.,...----before me,
0$1$ Hllre Insert Name and Trtle ol the Officer
personally appeared ----------------:N;::;aine:!t. .. :'l:ls~lo~ts!O'r:~g:'!:'~~r<~s>-------------
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument an<;i acknowledged to me that
he/she/they eJ<Bcuted the same in his/her/their authorized
capacity(ies}, and that by his/her/their signature(s) on the
instrument the person(s), or the enti~ upon behalf of
!Nhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ___ _;__-::--:-:-:--:-:-=--=-=------Stgnatvre Cll NCIIary Public
---------------------OPTIONAL-------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:--------------------------------
Document Date:------------------Number of Pages:--------
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:-------------
0 Individual
0 Corporate Officer -Title(s):
0 Partner -0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: ________ _
Signer ls Representing: ___ _
RIGm THU~.1BPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
0 Individual
0 Corporate Officer-Title(s): --------
0 Partner-0 Limited 0 General
0 Attorney in Fact
OTrustee
0 Guardian or Conservator o Other: _________ _
Signer fs Representing: ____ _
RIGHTTHUf,1BPRINT
OF SIGNER
Top of thumb here
• ~2007 Na1ional Notruy Association • 9350 De Soto Ave .• P.O. Box 2402 • Chah;worlll, CA 91313-2402• www.NalionaiNotary.org llem 115907 Reon:ler: CaUToi~Ffee l.aoo-876-6827
H:IRON KEMPILITIGATIONISDGE Terramar Sewer LS\Deed SEWR PIPELINE EASEMENT.docx REV 4/15/10
..
Exhibit A to Grant Deed
EXHIBIT "A"
LEGAL DESCRIPTION
OF
SEWER EASEMENT
CITY OF CARLSBAD
PR 11-
TIIAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, ACCORDING TO
.PARTITION MAP THEREOF NUMBER 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COlJNTY NOVEMBER 16, 1896, DESCRIBED IN A DEED
TO SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, DATED
SEPTEMBER23, 1948t AND RECORDED OCTOBER 8, 1948, IN BOOK 2974ATPAGE
493 OF OFFICIAL RECORDS OF SAID COUNTY AT SAN DIEGO,. EXCEPTING
THEREFROM THAT CERTAIN PORTION THEREOF DESCRIBED IN A DEED
RECORDED IN BOOK 4722 AT PAGE 359 Of SAID OFFICIAL RECORDS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID
EASEMENT BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS:
C0?\111ENCING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF CANNON
ROAD AS SHOWN PER RECORD OF SURVEY MAP l'HJMBER 17350 RECORDED
APRIL 12, 2002 AS FILE NUMBER 2002-0308512 AND DESCRIBED IN PARCEL 2 OF
THAT CERTAIN EASEMENT DEED GRANTED TO THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION, AS DOCUMENT NUMBER 303347, RECORDED
l'v1A Y 13, 1972 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1039.50 FEET, A RADIAL THROUGH SAID
POINT BEARS NORTH 22°26'48" WEST; THP.NCE NORTHEASTERLY ALONG SAID
CURVE AND SAID NORTHERLY RIGHT"OF~ WAY OF C.~ ON ROAD, THROUGH A
CENTRAL ANGLE OF 6°58'50" A DISTANCE OF 126.65 FEET (6°58'50:~ A DISTANCE
OF 126.65 FEET PER SAID RECORD OF SURVEY MAP) (6°59'00" A DISTANCE OF
126.70 FEET PER SAID DEED) TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 2960.50 FEET, A RADIAL BEARS
SOUTH 15~7'58" EAST: THENCE EASTERLY ALONG SAID CURVE AND SAID
NORTHERLY RIGHT-OF-WAY OF CANNON ROAD THROUGH A CENTRAL ANGLE
OF 0°04'22" A DlSTANCE OF 3.76 FEET TO THE TRUR POINT OF BEGIN"NING, SAID
POINT HAVING A RADIAL OF SOUTH 15°32'20" EAST; THENCE LEAVING SAID
CURVE A.'l\!D NORTHERLY RIGHT-OF-WAY, NORTHWESTERLY, NORTH 15°32'20"
\VEST 8.50 FEET~ THENCE NORTHEASTERLY, NORTH 67°24'46'' EAST 55.66 FEET;
THENCE SOUTHEAS!ERL Y, SOUTH 14°35'39" EAST 14.83 FEET TO A POINT ON
SAID 2960.50 FOOT RADIUS CURVE, SAID POINT BEING ON SAID NOR.THERL Y
PAGE 1 OF 2 PR 11-
RIGHT-OF-WAY OF CANNON ROAD~ SAID POINT HAVING A RADIAL OF SOUTH
16°36~12" EAST; THENCE \VESTERLY ALONG SAID CURVE AJ\.q) SAID NORTHERLY
RIGHT-OF·WAY THROUGH A CENTRAL ANGLE OF 1°03'52" A DISTANCE OF 55.00
FEET TO THE TRUE POINT OF BEGINNING.
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS
A PLAT LABELED EXHIBIT "B".
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY lviE, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
CONTAINING: 653.19 SQUARE FEET
DOUGLASR.·
P.L.S. 4611
LICENSE EXPIRES 9/30/2012
(-17 ~ 1ol(
DATE
PAGE 2 OF 2
0.015 ACRFS MORE OR LESS
PR 11·
Exhibit B to Grant Deed
DA.TA TABLE
CD N 15'32'20"' w
(2) N 67"24'46" E
d) N 14'35'39• W
@ t\::01 "03'52"
R:::2960.50'
L=55.00'
@ 6=00"04'22"
R=2960.50"
L=3.76'
@ 6=01'08'14"
R=2960.50'
l=58.76'
(f) N 67'33'12" E
1St ~.?·., ~6''
o::i + ,..._
c.:.. II <.0 u, (.) 0~ 0..
8.50'
55.66'
14.83'
537.45
0 In + ,.....
~~-----------
EXHIBIT
[!! EX£ST1NG CITY OF CARLSBAD
SEWER EASEMENT
PER DOCf66049
REC. 4-14-1965 O.R. liD EXISTING CITY Of CARLSBAD
PUBUC STRITT EASEMENT
PER 00Cf62682
REC. 4-7-1964 O.R. I£1 EXISTING CITY OF CARLSBAD
PUBLIC STREET EASEMENT
PER DOCf11178
REC. 6-24-1964 O.R
.[ID EXJSnNG CITY Of CARLSBAO ROAD
AND PUBLIC UTIUTY EASEMENT
PER DOC#303347
REC. 11-13-1972 O.R.
-t -,_
0 •0 + ao
LEGEND APN 210-016-01 LOT 94 ~ = INDICAlES MAP 2867
~ SEWER EASEMENT
TO CtTY OF CARLSBAD
AREA 653.19 SQ. fT. ±
BBNG 0. 015 ACRES ±
P.O.C. = INDICATES POINT OF COMMENCENENT
. T.P.O.B. = INDICATES 1RUE POINT OF BEGINING
(R) = INDICATES RADIAl BEARING
,, B"
OCEAN
VICINITY MAP
NO SCALE:
P.ARCEL 5 Of c OF c
APN 210-010-40
fA1
Lo··r ? 1 ? -\ r;t --\:)'0
t·!IAP 5 37 4 \ \l,t;<
APN 210-016-25 \
STAllONING PER
CITY OF CARI.SWJ IUPROVENENT PLANS
ORAWNGS FOR CANNON ROAO
DRAYING NO. 157-1. PA'cf$ £.& 3 OF 5 PAGES
THIS PLAT WAS PREPARED BY hAE
OR n M DIRECllON
BASTS OF BEAIUNCS:
. )
DATE: 01-17-1\
SCALE: 1";::30'
A.P.N. 210-010-40
3292-SEWER.ODGG
TH£. BAStS OF BEARINGS FOR iHIS SURVEY IS A UNE BETWEEN
CITY OF CARLSBAD FIRST ORDER CONlROL POSITIONS CLSB 138
& CLSB 057, PER ROS 17271.
I.E. N 30i7'19" W 4978.85' GRIO SHEET 1 OF 1 SHEETS
CITY OF CARLSBAD
SEWER EASEMENT PLAT DRAWN BY: R CROSS
CANNON ROAD
IN THE CITY OF CARLSBAD PR 11-
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RE\115£0:
ATIORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)·
Ronald R. Ball, City Attorney
Ronald C. Kemp, Assistant City Attorney (SBN 17063
Office of the City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
TELEPHONE NO .. 760-434-2891 FAX NO. (Optional). 760-434-8367
E-MAIL ADDRESS (Optional).
ATIORNEY FOR (Name). CITY OF CARLSBAD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
sTREET ADDREss 325 S. Melrose
MAILING ADDRESS
CITY AND z1P coDE Vista, CA
BRANCH NAME North County Division
PETITIONER/PLAINTIFF: CITY OF CARLSBAD
RESPONDENT/DEFENDANT: SAN DIEGO GAS & ELECTRIC COMPANY
POS-030
FOR COURT USE ONLY
CASE NUMBER:
PROOF OF SERVICE BY FIRST -CLASS MAIL-CIVIL 3 7-20 12-00051202-CU-EI-NC
(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing
took place.
2. My residence or business address is: 1200 Carlsbad Village Drive, Carlsbad, CA 92008
3. On (date): April23, 2012 I mailed from (city and.state):Carlsbad, CA
the following documents (specify): Stipulation for Judgment
CJ The documents are listed in the Attachment to Proof of Service by First-Class Mail-Civil (Documents Served)
(form POS-030(0)). ·
4. I served the documents by enclosing them in an envelope and (check one):
a. CJ depositing the sealed envelope with the lJnited States Postal Service with the postage fully prepaid.
b. CXJ placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the l,Jnited States Postal Service in
a seated envelope with postage fully prepaid.
5. The envelope was adq~essed and mailed as follows:
a. Name of person served: C. Larry Davis, Managing Attorney
. b, Address of person served: San Diego Gas & Electric, Office of the General Counsel, 101 Ash Street, San Diego, CA
92101
CJ The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail-Civil (Persons Served) (POS-030(P)).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: April23, 2012 ~~·
Flora Waite
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
Form Approved for Optional Use
Judicial Council of California
POS-030 [New January 1, 2005]
PROOF OF SERVICE BY FIRST-CLASS MAIL-CIVIL Le a} Code of Civil Procedure,§§ 1013, 1013a
(Proof of Service) Solut¥gns· L(h.Plus