HomeMy WebLinkAbout; Anderson, John; 222614; Condemnation(SPACE BELOW FOR FILING STAMP ONLY)
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TO
STUART C. WILSON
ATTORNEY AT LAW
29O6 STATE STREET
CARLSBAD. CALIFORNIA
TELEPHONE 729-59O1
Attorney for_
Plaintiff
HU
D£C121968
JAMES,
•"••»
D
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, CALIFORNIA,
A Municipal Corporation,
vs.
Plaintiff, )
)
JOHN A. ANDERSON, et al,
NO. 299 418
FINAL ORDER OF CONDEMNATION
REGARDING DEFENDANT JOHN A.
ANDERSON
Defendants. )
Judgment of Condemnation having been heretofore entered in the
above entitled action on PEG 1 2 1968 1968, in the office of
the County Clerk of the County of San Diego, State of California,
and it appearing to the satisfaction of the Court that the above
named Plaintiff, deposited $12,125,00 on January 17, 1967, which
said sum was withdrawn by Defendant JOHN A. ANDERSON on or about
November 14, 1967, and that the above named Plaintiff, pursuant to
the Judgment of Condemnation herein has paid into Court the
additional sum of $4,375.00, bringing the total deposited by
Plaintiff on behalf of Defendant JOHN A. ANDERSON to the sum of
$16,500.00, to be disbursed in accordance with the Judgment of
Condemnation on file herein as follows:
To Defendant JOHN A. ANDERSON, the balance of the amount
deposited on his behalf in accordance with the Judgment of
Condemnation herein, to wit: The sum of $4,375.00, as just compen-
sation for the real property herein condemned:
IT IS ORDERED AND ADJUDGED:
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Easements in the following described parcels of real property,
situate in the City of Carlsbad, County of San Diego, State
of California, more particularly described as follows:
PARCEL 1
That portion of Tract 119 of Carlsbad Lands in the City of
Carlsbad, County of San Diego, State of California, accord-
ing to Map thereof No. 1661, on file in the office of the
County Recorder of San Diego County, described as follows:
Beginning at a point in the center line of Highland Street
distant thereon North 33*59'51" West (Record North 34*33'
West) 533.33 feet from the intersection of said center line
of Highland Street with the center line of Oak Avenue;
thence South 56*05'36" West 407.27 feet (Record South 55*27'
West 409.30 feet) to a point in the Northeasterly line of
that certain portion of said Tract 119 conveyed by South
Coast Land Company, a corporation, to J. H. Deardorff and
Alice H. Deardorff, his wife, by Deed dated August 12,
1922, and recorded in Book 934, Page 259 of Deeds; thence
along said Northeasterly line North 33*59'51" West (Record
North 34*33' West) 23.94 feet to a point in the arc of a
1242 foot radius curve concave Southeasterly, a radial line
of said curve bears North 48*12'54" West to said point;
thence Northeasterly along the arc of said curve 307,77
feet through a central angle of 14*11'S3"; thence tangent
to said curve North 55*58'S9" East 62.65 feet to the
beginning of a tangent 10 foot radius curve concave North-
westerly; thence Northeasterly along the arc of said curve
15.70 feet through a central angle of 89*58'50" to a point
of tangency with the Southwesterly line of Highland Street
60 feet wide; thence radial to said curve North 56*00'09"
East 30.00 feet to a point in the center line of said
Highland Street; thence along said center line South
33*59*51" East (Record South 34*33' East) 72.65 feet to
the point of beginning,
and
PARCEL 2
An easement for slope construction purposes over Parcel B,
above said easement being a strip of land 10 feet wide,
the Southeasterly line of said strip being described as
follows:
Beginning at a point in the centerline of Highland Street,
distant thereon, North 33*59'51" West (Record North 34*33'
West) 605.98 feet from the intersection of said centerline
of Highland Street with the centerline of Oak Avenue;
thence leaving said centerline of Highland Street at right
angles thereto South 56*00*09" West 30.00 feet to the TRUE
POINT OF BEGINNING, being a point in the arc of a 10 foot
radius curve, concave Northwesterly, said last mentioned
course being radial to said curve; thence Southwesterly
along the arc of said curve 15.70 feet through a central
angle of 89*58'SO"; thence tangent to said curve South
55 58*59" West 62.65 feet to the beginning of a tangent
1242 foot radius curve, concave Southeasterly; thence
Southwesterly along the arc of said curve 307.77 feet
through a central angle of 14*11'53" to the Southwesterly
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1 terminus of said line being a point in the Northeasterly line
of that certain portion of said Tract 119, conveyed by South
2 Coast Land Company, a corporation to J. H. Deardorff and
Alice H. Deardorff, his wife, by Deed dated August 12, 1922,
3 and recorded in Book 934, Page 259 of Deeds.i
4 are hereby condemned to and taken for the public uses stated
5 in the Complaint herein,
2. Easements in said real property are hereby condemned and taken
7j for the following public uses:
8 In PARCEL 1 for a permanent easement and right at any time, or
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9 from time to time, to construct, reconstruct, maintain,
10 operate, replace, remove, renew, and enlarge a public street
11 and right of way, and appurtenant structures, equipment,
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12j fixtures, including access and the right to keep said PARCEL 1
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13| free from all materials and otherwise protect the same from
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14| all hazards;
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16 In PARCEL 2 for a permanent easement and right at any time, or
IV from time to time, to construct, reconstruct, maintain,
18 operate, replace, remove, renew, and enlarge embankment slopes
191 and appurtenant structures, equipment, and fixtures, in, upon,i
20j over, and across PARCEL 2, including access and the right to
21 keep said PARCEL 2 free from all materials and otherwise
22 protect the same from all hazards.
23 3. That possession of the above described real property was taken
24 by Plaintiff herein on February 15, 1967, pursuant to
25 California Code of Civil Procedure Section 1243.5, and that
2" said date is hereby determined to have occurred before the
%f time of transfer of title to Plaintiff herein.
28 4. That upon the recording of a certified copy of this FINAL
29 ORDER OF CONDEMNATION REGARDING DEFENDANT JOHN A. ANDERSON in
30 the office of the recorder of the County of San Diego, State
*Z"1 1I of California, title to the above described easements and
rights of way in the above described real property shall vest
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in Plaintiff herein, its successors and assigns, for the above
stated public uses, and Plaintiff's portion of any pro-rated
current property tax thereon is hereby ordered cancelled.
DATED: DEC 1 2 1968
RICHARD B. AULI
JUDGE OT THE SUPERIOR COURT
•M <r ins-urn-^ Js a f"U, true and correct copy of
' 'the Grigi-"1 on {I1lin ;'-:i Cjt!l-e^ , ^ > &
19**
the State
Sa
BARBARA J. KIYA
.... ..
RECORDED AT REQUEST OF x
AT.Z::OIINUTES PAST. ______ .. .
SERHS 9 COOK 1968
OFFICIAL RECORDS
SAM DIEGO COUNTY, CALIFORNIA
A. S. GRAY. COUNTY RECORDER
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