HomeMy WebLinkAbout; San Diego Gas & Electric Company; 1999-0007536; CondemnationRECORDING REQUESTED BY:
ASARO, KEAGY, FREELAND & MCKINLEY
By: RICHARD R. FREELAND, ESQ.
Fourth Floor, 3 170 Fourth Avenue
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ic6$3i
San Diego, CA 92 103 )
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(6 19) 297-3 170
AND WHEN RECORDED MAIL TO:
ASARO, KEAGY, FREELAND & MCKINLEY
By: RICHARD R. FREELAND, ESQ.
Fourth Floor, 3 170 Fourth Avenue
San Diego, CA 92 103
)
(6 1 9) 297-3 170
OFFICIflL RECORDS SA14 DIEGO COUNTY RECORDER ' S OFFICE GREGORY J. SbfITHr COUNTY RECORREK FEES: 0.00 E: NA
1999-0007536
This Space for Recorder's Use Only Exempt From Filing Fees Per Gov. Code Sec. 6103
F6 top FINAL ORDER OF CONDEMNATION
bma SAN DIEGO SUPERIOR COURT CASE NO. N 75923-1 NF
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f 6832
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, A Municipal Corporation,
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V.
1 NO. N75923-1 1 1
FINAL ORDER OF CONDEMNATION
1 1 1 1 ) j GUY S. MOORE, JR.; 1 FRANK H. AYRES AND SON, ) A CORPORATION; ) SAN DIEGO GAS & ELECTRIC CO.; )
PACIFIC TELEPHONE AND ) TELEGRAPH COMPANY; 1 and, DOES 1 Through 100, Inclusive, 1 1 De fendant s . ) 1
It appearing to the Court that judgment in condemnation has been entered in the above-entitled
action on November 24, 1998, adjudging that Plaintiff is entitled to take by condemnation the property
described in the judgment on file herein and more fully described hereafter and in accordance with this
judgment, Plaintiff has paid 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 described in Exhibit "A" attached hereto and made a part hereof, be condemned to
Plaintiff for the purpose of the "Black Rail Road Project" in the manner proposed by Plaintiff in
F \WPDOCS\CRYWUDGE!MOORE.FOC
C14522 (IznuSS 941arn) 1
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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: /+-S/- 7 i?
7 Judge of the Superior Court
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LEGAL DESCRIPTION OF BLACK RA1L ROAD
MOORE PARCEL
PR. 3.4.263
THOSE PORTIONS OF PARCEL 3 AND 4 (DEDICAT1ON PARCELS) DESCRlBED HEREIN
LYING WITHIN PARCELS 1 AND 2 (OWNERSHIP PARCELS) DESCRIBED HEFIEIN.
PARCEL 1 (OWNERSHIP PARCEL)
THE NOSTHERLY 180.00 FEET OF THE WESTERLY 257.00 FEET OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTEF? OF FRACTIONAL
SECTION 22. TOWNSHIP 12 SOUTH,.RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF CARLS8AD. COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY:
PARCEL 2 (OWNERSHIP PARCEL)
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLS8AD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PIAT THEREOF, DESCRIEELI
AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22; THENCE NORTHEFLY
ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 22. NORTH 2018'55" WEST,
1041.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'55'47" EAST
250.00 F €ET; THENCE SOUTH 0'04'13' WEST TO THE SOUTH LINE OF SAID NORTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST . .. QUARTER: THENCE WESTERLY
ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID NORTH HALF;
THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTER LINE OF SECTION 22 TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS:
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cc6835 h' ,-
BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIED LAND WHICH IS
DISTANT THEREON SOUTH 0'04'13' WEST 350 FEET FROM THE NORTHEAST CORNER
THEREOF; THENCE NORTH 87'51' WEST 235.93 FEET TO THE NORTH-SOUTH CENTER
LINE OF SECTION 22.
PARCEL 3 (DEDICATION PARCEL)
A STRIP OF LAND 60.00 FEET WOE WlTHIN SECTION 22, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN 8ERNARDINO MERIDIAN, IN THE ClTf OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 21, 1890, LYING 30.00 FEET ON EACH SiDE QF THE
FOLLOWING DESCRIBED CENTERLINE:
r r
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT
BEARS SOUTH 00'00'14m EAST, 2377.59 FEET (SOUW 00'33'33" WEST, 2377.60 FEET
PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF S€CTION 22 AS
SHOWN AND OESCRlEED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE
OFFICE OF THE COUNPl RECORDER AUGUST 11, 1994 SAID CORNER BEING
MONUMENTED BY A 2 INCH IRON PIPE MARKED "L.S. 6287" SAID SOUTH QUARTER
CORNER ALSO BEARS SOUTH 02'02'03" EAST, FROM A 2" IRON PIPE STAMPED 'L.S.
3189 1/2M AHR 1979', SAID 2" IRON FlFE LIES NORTH 89'57'43" EAST, 2550.19 FEET
(SOUTH 89'28'34' EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG WE SOUTH
LINE OF RANCHO AGUA HEDIONOA PER MAP NO. 823 RECORDED NOVEMBES 16,1896,
IN THE OFFICE OF THE COUNN RECORDER OF SAID COUNTY FROM A r IRON PIPE
STAMPED 'L.S. 4525 AHR S21 S22 T12N R5W CC 1980" MARKING THE NORTHWEST
*.
CORNER OF SAID SECTION 22; THENCE LEAVING SAID .- SOUTH QUARTER CORNER OF
SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02'02'03' EAST, FROM SAID 2"
IRON PIPE STAMPED '1s. 3189 1/2M AHR 1979", NORTH 02'02'03" WEST (NORTH
01'28'00" WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF
THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEE7' TO A TANG€NT CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENC€ NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23'35'W A DISTANCE OF
123.51 FEET TO A POINT ON THE SOUTH LINE SAID RANCHO AGUA HEDIONDA, SAID
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POINT BEARS SOU7 i i 89'57'43" WEST (SOUTH 89'28'34" EAST PEZ R OF S MAP NO. .I
14608), 25.09 FEET FROM SAID 2' IRON PIPE STAMPED 'L.S. 3189 1IZM AHR 1979.
THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SKTION
22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA.
AREA EAST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.151 ACRES MORE
OR LESS; AREA EAST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PEX
RECORD OF SURVEY 14608 CONTAINS 0.046 ACRES MORE OR LESS.
PARCEL 4 (DEDICAT1ON PARCEL SLOPE EASEMENT)
A STRIP OF LAND 5.00 FEET WDE, THE EASTERLY LINE Of WHICH IS PARALLEL WlTH
AND 5.00 FEET EASTERLY OF THE EASTERLY SIDELINE OF THE HEREfNABOVE
DESCRIBED PARCEL 3.
JOHN W. HILL, JR.
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
L.S. 5669
H&A BLACK RAIL FiLE NO. 11 8
CHICAGO nu ORDER NO. 99306 1-50
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February IO, 1999
TO: City Clerk
FROM: City Attorney
CITY OF CARLSBAD V. MOORE - CASE NO. N75923-I
Attached to this memorandum, please find the recorded copy of the “Final Order of
Condemnation’’ in this case which was recorded on January 6, 1999. Please make this
copy part of your permanent files which vests as property in the City of Carlsbad which
was required for Black Rail Road.
I appreciate your cooperation and courtesy in Rard.
RONALD R. BALL
City Attorney
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c: City Manager