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HomeMy WebLinkAbout; |California First Bank|Delorm, Robert|Ebright, K E|Home Federal Savings and Loan Assoc|San Diego Gas and Electric Company|; 86-506396: Condemnation>".-* 1 2(*j 4 5w 6 7 8 9 10 11 8 12 u,» 13 g > | D -j4 t x £ 2 Bg§S 15|£0« J' ""!:§* 16"5 I 172 18 19 20 21 22 23 24 25 26 27 28 mc " ""- 86 5 AND MAIL TO: 1430 ~ , f i At VINCENT F. BIONDO, JR. -f '1l 06396 t, . t , ; i j C J1-) ^ L*. City Attorney, City of Carlsbad jggg f\jQy _g p^ y ^c; 1200 Elm Avenue Carlsbad, CA 92008 1 VFRA (619) 438-5531 . | COUNTY ASARO & KEAGY, Special Counsel By: ROSCOE D. KEAGY By: RICHARD R. FREELAND Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 Attorneys for Plaintiff CITY OF CARLSBAD L.LYU\ 1 NO FEE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, ) No. .No51 ) 23 Plaintiff, ) NOTICE OF PENDING ACTION ) (CCP §§ 409, 1250. v. ) ROBERT DELORM, K. E. EBRIGHT, ) CALIFORNIA FIRST BANK, ) HOME FEDERAL SAVINGS & LOAN ) ASSOCIATION OF SAN DIEGO, ) a Corporation; SAN DIEGO ) GAS & ELECTRIC COMPANY, and ) DOES 1 through 50, Inclusive, ) and All Persons Unknown ) Claiming an Interest in the ) Property Described in the ) Complaint, ) ) Defendants. ) ) 150) NOTICE IS HEREBY GIVEN that an action has been commenced in the Superior Court of the State of California, in and for the County of San Diego, by the above-named Plaintiff against the above-named Defendants. The purpose of the action is to condemn and take, by right of eminent domain, easements, more accurately described in the Complaint on file herein, for road easements for Palmer Way and the Barbour -1- 1431 >-ss no 5, « 5 S 6 < § ^ g 8 §<5 sS z « 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 Connection easterly of El Camino Real, and to construct road and attendant facilities within said easements. The real property affected by this action is situated in the County of San Diego, State of California. The property over which said easement and right of way is being condemned is more particularly described in Exhibit "A" to this Notice. Said Exhibit is incorporated herein by this reference. The names of those persons owning, occupying, claiming an interest in, or lien upon the property described herein are as follows: Name ROBERT DELORM HOME FEDERAL SAVINGS £ LOAN ASSOCIATION OF SAN DIEGO, a Corporation K. E. EBRIGHT CALIFORNIA FIRST BANK SAN DIEGO GAS & ELECTRIC COMPANY Possible Interest Owner Trustee of Deed of Trust Beneficiary of Deed of Trust Beneficiary of Deed of Trust Easement Holder Dated: November 3, 1986 VINCENT F. BIONDO, JR., City Attorney ASARO & KEAGY, Special Counsel By; < ROSCOE D. Attorneys for Plaintiff DK:MDPDG1/102986a -2- 1432 ASARO S KEACY Fourth Floor 3170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO No. Plaintiff: CITY OF CARLSBAD Defendant: ROBERT DELORM, et al. PROOF OF SERVICE BY MAIL I, Mary Anne Dominguez, declare: That I am, and was at the time of service of the papers herein referred to, over the age of eighteen years, and not a party to the action; and I am employed in the County of San Diego, California, in which county the within-mentioned mailing occurred. My business address is Fourth Floor, 3170 Fourth Avenue, San Diego, California. I served the NOTICE OF PENDENCY OF ACTION by placing a copy thereof in a separate envelope for each addressee named hereafter, addressed to each such addressee respectively as follows: See attached mailing list. I then sealed each envelope, and with the postage thereon fully prepaid, deposited each in the U. S. mail at San Diego, California, on November 4, 1986. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 4, 1986. '/'u -n-'Kt .fr.,f^;f,i/'tMary^Anne Dominguez /f7 V PROOF OF SERVICE BY MAIL (CCP 1013a and 2015.5) 1433 Mailing List City of Carlsbad v. Delorm Mr. Robert Delorm 2421 Dunstan Oceanside, CA 92054 Mr. K. E. Ebright Suite 201 2551 State Street Carlsbad, CA 92008 California First Bank 840 South Hill Street P. 0. Box 420 Oceanside, CA 92054 Home Federal Savings & Loan Association of San Diego P. O. Box 2070 San Diego, CA 92112 San Diego Gas & Electric Company Legal Department P. O. Box 1831 San Diego, CA 92112 DK:SERVE/102986b c ••-, .. v' 1434 C-672895 DESCRIPTION DESCRIPTION That portion of Lot "B" of RAKCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: - Commencing at the common corner of Lots "C" and "B" on the Northerly boundary line of said Lot "B" thence South 20° 19' 00" West 2273.70 feet; thence South 20° 31' 30" West, 2391.50 feet to an intersection with the Northerly right of way line of County Road A-13, 60.00 feet wide as shown on Record of Survey No. 517, filed in the office of the County Recorder of San Diego County, October 23, 1935; being an angle point in the boundary of land described in deed to K. E. Ebright, et ux, recorded February 18, 1966 as Instrument No. 29332 of Official Records; thence along said boundary South 80* 12' 00" East 3.54 feet and South 21° 35* 00" East to the most Southerly corner of said Ebright land, being the TRUE POINT OF BEGINNING; thence continuing along the boundary of said land North 58° 13' 32" East 680.00 feet and South 64* 00' 58" East 585.71 feet to an angle point in the boundary of land described in deed to Russell W. Grosse, et al, recorded May 26, 1966 as Instrument No. 87559 of Official Records; thence along said boundary South 3* 21' 49" East 207.82 feet and South 79° 32' 00" East 150.00 feet to the boundary of land described under Parcel 2 in deed to Arnold R. Brilhart, et al recorded June 1, 1965 as Instrument No. 96810 of Official Records; thence along said boundary South 10° 28' 00" West 491.01 feet; North 85° 22' 52" West 132.81 feet and North 12° 40' 58" West 594.53 feet to the most Easterly corner of Parcel 1 of said Brilhart's land; thence along the boundary of said Parcel 1, South 75° 35* 52" West 845.83 feet and North 21° 35' 00" West 253.33 feet, more or less, to the TRUE POINT OF BEGINNING.