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Home My WebLink About; MURPHY, HOWARD F; 1992-0146085; Condemnationf 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 #j-ffir01o4 zi5pn/0 RON BALL, Acting City Attorney 1200 Elm Avenue Carlsbad, CA 92008 (619) 438-5531 WHEN RECORDED RETURN TO: 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 OFFICIAL RECORDS SftH DIEGO COUNTY RECORDER'S OFFICE ANNETTE EUftHS, COUNTY RECORDER FEES' 0. •r-U SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, a Municipal Corporation, Plaintiff, v. HOWARD F. MURPHY, at al. NO. N 48064 FINAL ORDER OF CONDEMNATION Defendants. ) It appearing to the Court that judgment in condemnation has been entered in the above-entitled action on February 14, 1992 j adjudging that Plaintiff is entitled to take by condemnation the property described in Plaintiff's Complaint on file herein and more fully described hereafter and in accordance with this judgment, Defendants have received 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 JUDGE: MURPHY.FO P060.02 (021092) 1 1396 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 described in Exhibit "A" attached hereto and made a part hereof, be condemned to Plaintiff for the purpose of the "Alga Road Sewer/Storm Drain Easement" in the manner proposed by Plaintiff in furtherance of public and general welfare. 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: MAR t 3 1992 RONALD L JOHNSON APPROVED AS TO FORM: RON BALL, Acting City Attorney ASARO & KEAGY, Special Counsel Judge of the Superior Court Ti'o ijrcs;ci^7 iriSifument is a full, true cno' £-,"?:', copy of tSio original on file in this oiiice. attftf MAR 1 ^ 1999 KENNETH E. MARTONE Clerk of the Superior Court of the State of California, in and for the Counjy of San Diego. Richard R."Freeland Attorneys for Plaintiff GOEBEL & SHENSA Louis E . Goeb Attorneys for Defendants By-flp-v.' P. FRANK JUDGE: MURPHY.FO P060.02 (021092) c 1397 5/15/90*EN123.10 I00,10*sv 1A EXHIBIT "A" LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT 'Being a portion of the South half off the Southwest quarter of the Southwest quarter of Section 26, and the North. 20 acres of lot 1 in. Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad,. County of San Diego, State of California, according to Official Plat thereof, being more particularly described as follows: Commencing at the Northeast corner of the South; half of the Southwest quarter of the Southwest quarter of said Section; 26; thence along the North line of said South, half of the Southwest quarter of the Southwest quarter, North W55f37n West, 124.71 feet to the THUS POIBT OP BEGINNING,- thence leaving said North line, South 10 '54' 45* West,. I89.4p. feet; thence South 11*17 '"33* West,' Zlflf.fcl" feet; tHe'nce South. 17*S7'49* Bast, 154.25 feet; thence South. 29*54'll"t East, 312.29 feet to a- point on the Easterly line of said Lot 1; thence along said Easterly line South. 00*30 '19* Westr 11. oo feet? thence leaving said Easterly line South. 0£*11'19* West, 202.55 feet; thence South 33*48 '41" East, 13.00 feet? thence- South OS'tI'191" West, $0.00 feet; thence North; »3*4S'4lw West, 77.00 feet; thence North 27 -05 '11* East, 53.S7 feat; thence South S3* 43 '41* East, '3.00 feet; tnence North, 06 -11' 19" East', 223.97 feet; thence North. 29'54'H* West, 305.29 feet; thence North 17* 57 '49" West, 17S.S7 feet; thence North, 11*17'33* East, 227.8* feet; thence North Q7-22'31't> East, 18L.9& feet to a point art the North line of the South, half of the Southwest quarter of the Southwest quarter of said Section 2S; thence along said North; Line, South. 33* 55 '37* Bast, 52.00 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 1.145 acres, of land more or less. This legal description was prepared by me or under ny direction in confonnance wittt the Land Surveyors Act inflav1990. Dale A. Davis L*S. 5394 r 1398 5/15/90*EN128.10 300,10*sv 1A S2HIBIT "A'» LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT 'Being- a portion of the South half of the Southwest quarter of the Southwest quarter of Section 2S, and the Worth 20 acres of lot L in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian,, in the City of Carlsbad, 'County of San Diego, state of California, according to Official Plat thereof, being more particularly described as follows: Commencing at the Northeast corner of the South, half of the Southwest quarter of the Southwest quarter of said Section 26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North 33* 55 '37 "• West, 124-. 71 feet to the THUS BOIirr Of BBStSNIKG; thence leaving said North line, South 10*54'45W West, 189. 4fr feet; thence South 11* 17 '-3 a* West,' 2T.ff.ai feet,* t'h'e'nce South 17'57'49'» Bast, 1S4.25 faat; thence South 29'54'H1* East, 312.29 feet to a point on the Easterly line of said Lot 1; thence along said Easterly line South 00-30'19" West, 11.00 feet; thence leaving said Easterly line South OS'll'W West, 202,35 feet; thence South 83*48 '41* East, 13.00 feet; thence- South 06*11/19" west, 80.00 feet; thence North S3B48'41* West, 77.00 feet? thence North. 27"05'11» East, 53.87 feet; thence South S3*48'41» East, '3.00 feet; thence North 06'11'19» East', 223.97 feet; thence North 29'54'H1* West, 305.29 feet; thence North 17*57'49«* West, 173.37 feet; thence North H'17'38* East, 227.83 feet; thence North 07*22'31" East, 181. 9$ feet to a point on the North line of the South. half of the Southwest quarter of the Southwest quarter of said Section 26; thence along said North; line, South. 83 *55 '37* East, 52,00 feet to the- TRUE POINT OF BEGINNING. The hereinabove described parcel contains 1.145 acres at land more or less. This legal description was prepared by me or under my direction in confonuance with, the Land Surveyors Act Dale A. Davis L.S. 5894 EXHIBIT. S/02/90*EN123.10 300,10*sv IB EXHIBIT* "A'» LEGAL DESCRIPTION SLOPE EASEMENTS Being a portion of the South half of the Southwest quarter aS. the Southwest quarter of Section. 26, and the North 20' acres of lot 1 in Section 35, Township 12 south, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad,: County of San Diego, State of California/ according to Official Plat thereof, being more particularly described as follows: PASCEL, 13 Commencing at the Northeast corner of the South half of the Southwest quarter of the Southwest quarter of said Section 26; thence along the- Worth, line- of said South half of the Southwest quarter of the Southwest quarter, North 98*55'IT* West,. 176.72 feet to- the TRUE P.OIHT OF BBSXiomrQ; thence leaving said North line, Souths 07*22'31* West, 131.96 feet; thence North 03*21'41» West, 181.40 feet to a point on the Korth. line of said South half of the Southwest quarter of the- Sauthwest quarter of said Section 26; thence along said North line. South: 8S"55''37» Bast, 34.OO feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel contains 0.071. acres of-land more or less. PARCEL, 1C Commencing at the Northeast corner of lot l of said Section 35,* thence along the> East line of said lot 1, South 00*30'19'* West, 4S1.S4 feet; thence leaving said East line, North. 33'43'41* West, 92*12 feet to the TRUE POINT OF BEGINNING; thence North IO*3Q/04I* East, 54.00 feet; thence North. 67*23-'ll" West, 40.00 feet; thence North. OQ'30'19* East, 20.00 feet; thence North 76'29'SO"1 East, 46.S3 feet; thence North- 10*30/04'r East, 178.46 feet; thence South 39*29'41" East, 3.00 feet; thence South oe'll'lS* West, 223.97 feet; thence North 33*43'41* West, 3.00 feet; thence South. 27*05'llir West, 58.87 feet to. the TROE POINT OF BEGINNING. The hereinabove described parcel contains 0.101 acres of land more, or less. c 1400 9XRCEZ» ID Commencing at the Northeast corner of lot 1 of said Section 35; thence along; the Bast line of said lot 1, South 00'30'19" West, 177. B-9 feet; TROTS POIHT QT BEGINNING; thence continuing along said Bast line, South 00*30'19* West, 283.95 feet;- thence leaving said Bast line, North 53*48'41" West, 13.12 feet; thence North Ofi'll'lS* Bast; 80.00 feet; thence North 33-43'4lw West, 13.00 feet; thence North OS'11'19" 2ast, 202.55 feet to the TROS POINT OF BEGINNING. The hereinabove described parcel contains 0.067 acres of land more or less. This legal description was prepared by me or under my direction in conforaanc* with 1jhe Land Surveyors Act inMay 1990. OaJTd A.L.S. 5394 1401 5/02/90*EN12S.LO 3OO,10*sv TC t EXHIBIT "A" LEGAI* DESCRIPTION TEMPORARY CONSTRUCTION EASEMENTS Being a portion of the South half of the Southwest charter of the Southwest quarter of Section 26, and the Worth 20 acres of lot 1 in- Section 35, Township 12 South, Range 4 West:, San Bernardino Base and Meridian, in the City of Carlsbad, County of San, Diego, State of California, according to Official Plat thereof, being more particularly described as follows: 9AXCEI* IS Commencing at the Northeast corner of the- South half of the Southwest quarter of the Southwest quarter of said Section 26r thence along the North line of said South half of the Southwest quarter of th* Southwest quarter, North 88'55'37" West, 103.49 feet to th* TRUB POINT OP BEGINNING; thence leaving said North*Tine, South, 10*54'45W West, 192.05 feet; thence South 11•17'33* West, 214.94 feet? thence South 17*S7'49lf Bast, 158.77 feet? thence South 29*54'11" East, 285.17 feet to a point on the Easterly line of said Lot l? thence along said Easterly line South 00*30r!9" West, 29.63 feet? thence- leaving said Easterly line North 29'54'lilf West, • 312.29 feet? tixence North 17"57'49" West, 164.25 feet; thence North 11*17'38" Bast, 213.31 feet? thence North 10'54'45" East, 189.40 feat to a point on the North line of said South half of the Southwest quarter of the Southwest quarter; thence along- said North line, South 83'55'37ir Sast, 15.22 Caet to the TRUE POINT OF* BEGINNING. The herainabove described parcel contains. 0.299- acres of land more or less* IP Commencing- *t the Northeast corner off the South half of the Southwest quarter of the Southwest quarter of said Section 26; thence along the North line of said South half of the Southwest quarter of the Southwest quarter, North. 33 '55'37" West, 210.72 feet to the TROB POINT OP BEGINNING; thenca leaving said North line, thence South 03*21'41* East, 181.40 feet; thence South 11"17'3a* West, 227.88 feet; thence South 17'57'49'*' East, 153.87 feet to a point hereinafter referred to as Point "A,"? thence South 66-*04'00'* West, 15.08 feet? thence North 17*57'49" West, 159.~36 feet; thence North llaL7'3S» East, 229.87 feet; thence North 03'21'41» West, 180.64 feet to at point on- the- North line of said South half of the Southwest quarter of the Southwest quarter; thence along said North line, South 88*S5'37* East, 15.05 feet to Che TRUE POINT OF BEGINNING. The hereinabove described parcel contains; 0.195 acres of land 1402 more or PARCEL IS Commencing at the hereinabove described Point '*A'*; thence South 17*57'49I* East, 25.00 feet; thence South 29*54' LI" East, 150.00 feet to the T1OTS POINT OF SESINKINS; thence South 29*54'11» Bast, 155.29 feet; thence North 39*29'4lre West, 3.00 feat; thence South lO'SO'CU1* West, 173.46 feet; thence South; 76*29'50W West, 16.42 feet? thence North 10*30'04* East, 183.6-1 feat; thence North. 29*54'lllfk West, 145.21 feet; thence North SO'05'49* East, 15.00 feet to the TRO2 POINT OF BE6IIWING. The hereinabove described parcel contains 0.114 acres of land more- or less. PXRCEI. 1IC Commencing at the Northeast corner of said lot 1 of Section 35; thence along the East line of said lot i, South 00*30'19" West, 461;84 feet to the TTHTB yoilTP QT BBGIHHIHG; thenca continuing along; said Sast lirie> Souttt 00'30'19W Wiest, 15.07 feet; thence leaving said East line, North 83 '43'41* West, 53.61 feet; thence North OS'll'lS* East, 15.00 feet; thence Soutfc S3"4a'4.1* East, 32.12 feet to til« TRUE POINT OF BEGINNING. The hereinabove' described parcel contains 0.029 acres of land more or less. This legal description was prepared by me or under my diraction in conforaance with, the Land Surveyors Act ijt,Hay 1990 Dale A.. Davis L.S. 5894 * f ""EXHIBIT "8 SHEET i OF 4 SHEETS 1 4 Q 3 TPQ9 i£ 2 PARCEL t€ SEE SHEE PARCEL If- OF THE 3 1/2, SWIM. SWL/*SSCTtON 2<5 SHEET PARCEL tC Ulen Q. I <Mirr- CO 02-c CCOLJ—<* Q. 01 <r* 7 >*—' t—>• !-• U PUKSL It* PARCSL 1H MAY U ; cnr OF CARLSSAO OBVQ£tf». PHOC. SOW, 01V. MURPHT ZASB4ENT PLA T 140'4 7 EXHIBIT "&" $H££T Z Of 4 PAff&t .M PARCEL 13 PAACELPARCEL PORTION OF TH£ 3W sgnsut, uriurr AOXSS SASB&T. 5S5" 5MSST J" PROJECT MURPHY EASEMENT PLAT PRZ337 1495 EXHIBIT "9SHEET 3 OF 4 sneersSEE SHEET 2 PORTION OF THE /e. 5W1/4. 3WOF SECTION 25 LOT L35, my,sasn SEE SHEET 4 NAH€: EASEMENT PLAT PROJECT NO PRZS.37 •*'• 1406 EXHIBIT "3" SHSEW 4.0- * SHGSTS *+**f** *TPOff SEE SHEET.3 SScft \a LOT I SECTION 35S38M SXTSTTNS so'smeer MO RIGHT oretjfen&fr raLA COST* P&asso 78- 12091 1 <3fr PWHSCTNO FRZ337 PROJECT .-4AMC: MURPHY EASEMENT PLAT