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HomeMy WebLinkAbout; |Lear|Virginia|; 44080; Condemnation44081: PLAINTIFF , (SPACE BELOW FOR FILING STAMP ONLY) Return to:15 i 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 29 30 31 32 WALKER. WALKER & GANN ATTORNEYS AT LAW 56O VALLEY PARKWAY. SUITE 2O5 P. O. Box 1827ESCONDIDO. CALIFORNIA 92O25TELEPHONE (714) 745-2322 1366 ClAU RECORDS- SAN DIEGO C01 NO FEE Attorneys for_Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO No. 258512 CITY OF CARLSBAD, a municipal corporation, Plaintiff, -vs- VIRGINIA LEAR, et al., r efendants. FINAL ORDER OF CONDEMNATION (Parcels B & E) IT APPEARING that heretofore, to wit* on February 26, 1968, the Court made and entered its Judgment and Decree in Condemnation (Judgment Book 628, Page 315) against defendants VIRGINIA LEAR, HENRY H. DRAEGER and GUY 1. WARD, as Executors of the Last Will and Testament of JESSIE I. SCHUYLER, deceased, whereby the Court ad- judged and decreed the amount of just compensation and damages to be paid by plaintiff for the condemnation and taking by plaintiff of Parcels B & E. IT FURTHER APPEARING to the Court that plaintiff has made all payments that are required by law or orders or judgments or decrees of this Court, and that this is not a case where any bond need be given; and ALL AND SINGULAR the law and the premises being by the Court understood and fully considered; NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: -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 29 30 31 32 WALKER. WALKER & GANN ATTORNEYS AT LAW 56O VALLEY PARKWAY SUITE 2O5 P. O. BOX 1827 ESCONDIDO.CALIFORNIA 92O25 TELEPHONE (714) 745-2322 1. That there ia hereby taken and condemned by plaintiff CITY OF CARLSBAD, the fee simple title in and to the real property hereinafter described and designated Parcel B, and that there is hereby taken and condemned by plaintiff an easement and right of way upon, through, over, under and across the real property herein* after described and designated Parcel E for the installation, con- struction, operation, maintenance, repair, replacement and recon- struction of sewer pipelines and/or mains, manholes, sewer lateral pipelines and all other structures incidental thereto together witl the perpetual right to remove buildings, structures, trees, bushes undergrowth, flowers and any other obstructions interfering with the use of said easement and right of way by plaintiff CITY OF CARLSBAD, its successors or assigns. 2. That said parcels of real property are condemned for the purposes set forth in plaintiff's Second Amended Complaint and for the purposes for which said easement and right of way may be used as described above; and that said uses are public uses and uses authorized by law. 3. That a certified copy of this Final Order of Condemnation be recorded in the office of the Recorder of the County of San Die 30 State of California, and thereupon there shall vest in plaintiff CITY OF CARLSBAD the hereinabove described easement and fee, in and to the real property hereinafter described and designated Parcels B & E. 4. That the plaintiff CITY OF CARLSBAD took possession of th hereinafter described parcels of real property on August 17, 1964, pursuant to an Order for Possession dated June 30, 1964. 5. That the parcels of real property referred to hereinabove and described in plaintiff's Complaint and therein designated Parcels B & E are situate in the County of San Diego, State of California, and are more particularly described as follows; -2- 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 29 30 31 32 WALKER. WALKER &GANN ATTORNEYS AT LAW 56O VALLEY PARKWAY SUITE 205 P. O. BOX 1827 ESCONOIDO.CALIFORNIA 92O2S TELEPHONE (714) 745-2322 PARCEL B All that portion of Fractional Section 20, T. 12 S., R. 4 W , 5.B.M., according to the U.S. Government Surveys approved October 25, 1875 and September 17, 1915 described as followss Beginning at the most Northerly corner of Lot 19 in Block 21 of La Costa Downs Unit No. 1, according to Map thereof No. 201J3 filed April 6, 1927 in the office of the Recorder of said County, said corner being an angle point in the Northerly boundary of said La Costa Downs Unit No. 1, thence along said Northerly boundary S. 69«33'55" W., 69.29 feet (S. 63*53*20" W., 68.75 feet, Hap 2013) to the Easterly line of the Right of Way of the Atchison, Topeka and Santa Fe Railway Company, Coast Lines, being the successor in interest of the California, Southern Railroad Company, which was shown on a map approved by the Secretary of the Interior, May 12, 1881; and constructed in 1882 on the location shown on said map; thence along said Easterly line N. 18»24'35" W., 1204.44 feet to a point in the Southerly boundary of the Rancho Agua Hedionda, according to the United States Government Resurvey of Subdivision of T. 12 S., R. 4 W., S.B.M., by Owen approved September 17, 1915, a copy of which was filed in the office of the Recorder of said county, June 21, 1920 as Miscellaneous Map 29 and also ac- cording to Map marked "Plaintiffs Exhibit A in Superior Court Document No. 16830, dated May 6, 1916," thence along said boundary S. 89*27'10" E., 878.76 feet to a line which bears N. 27°14'24" W., from a point being at coordinates Y«346,551.44 feet and X»l,673,240.07 feet? thence along said line S. 27°14'24" E., 652.95 feet to a line which bears N. 61°51'00" E., from the Easterly terminus of that 60 foot radius curve on the Northerly line of La Lome Blvd., as shown on said Map 2013; thence S. 61°51'00" W., 292.78 feet to said Easterly terminus; thence Westerly and Southwesterly along said curve 60.31 feet through a central angle of 57*35'50" to an intersection with a line which bears S. 61°51'00" W., from said Easterly terminus; a radial to said curve at said intersection bears N. 56°56'55" W., thence along said line S. 61°51'00" W., 484.04 feet to a line which bears N. 18*24'35" W., from an angle point in the Northerly line of San Luis Boulevard as shown on said Map No. 2013, said angle point being the Westerly terminus of that line having a bearing of "N. 89«58'20" E.", thence S. 18»24'35" E., 115.28 feet to said angle point? thence S. 51°00'55" W., (S. 50-20* 20M W., Map 2013), along said Map No. 2013, 42.19 feet to the Point of Beginning. Containing 17.74 acres, more or less. The bearings, distances and coordinates used in the above description are on the California Coordinate System, Zone 6. Multiply all distances in the above description by 1.0000370 to obtain ground level distances, 1 2 3 4 5 6 7 8 9 10 11 12 15 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WALKER. WALKER &GANN ATTORNEYS AT LAW 86O VALLEY PARKWAY SUITE 2O5 P. O. BOX 1827 ESCONDIDO,CALIFORNIA 92O2S TELEPHONE (714) 745-2322 <te> PARCEL E A perpetual easement and right of way upon, through, under, over and across the hereinafter described real property for the installation, construction, operation, maintenance, re- pair, replacement and reconstruction of sewer pipelines and/ or mains, manholes, sewer lateral pipelines, and all struc- ures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth. Lowers and any other obstructions interfering with the use of said easement and right of way by plaintiff City of Carlsbad, its successors or assigns. To have and to hold said easement and right of way unto itself and unto its successors and assigns forever. The real property referred to hereinabove and made subject to dd easement and right of way is situated in the County of San Diego, state of California, and is particularly describedas follows! Fhat portion of Lot 1, Fraction Section 20, Township 12 South, lange 4 West, S.B.M., in the County of San Diego, State of California, according to U.S. Government Survey approved October 25, 1875, lying within a strip of land 15.00 feet in ridth, lying 7.5 feet each side of a center line described as .lows: Beginning at a point of intersection of the Southerl boundary of said Rancho Agua Hedionda with the Easterly line the Atchison, Topeka and Santa Fe Railroad Company right of way, said point being also the Southwest comer of that : of land described as Parcel No. 1 in document No. L90502, filed in the Office of the County Recorder of San Diego County September 16, 1959; thence South 89*49'37" West ilong said Southerly boundary 327.08 feet to a point in the Westerly line of the Atchison, Topeka and Santa Fe Railroad right of way? thence South 22°22'2Q» East along said Westerly right of way line 255.29 feet to the TRUE POINT OF BEGINNING: thence South 71-13'12" West, 250.75 feet to a point in the Easterly boundary of State Highway, Division 7, Route 2, Section B as said Highway boundary is described in Deeds recorded December 31, 1951, in Book 4332, pages 306 and 310 of Official Records. MAR IS 1968 &JCHARD B. AULT DATEDa Judge of.the Superior Court and correct copy oi"' R- B, JAMES, The the original «** 4l ,„.„,. Deputy