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HomeMy WebLinkAbout36022; |A. K. OLIVER|CAL-WEST MORTGAGE CO|DEALY, RUTH H|DEALY, WILLIAM JR|LEUCADIA COUNTY WATER DIST|; 87-310745; Condemnation1451 RBCORDMG REQUESTED IV VINCENT F. BIONDO. JR. City Attorney. City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 (619) 438-5531 RETURN TOsl ASARO £ KEACY, Special Counsel By: ROSCOE D. KEACY 5 By: RICHARD R. FREELANO Fourth Floor, 3170 Fourth Avenue ell San Diego. CA 92103 (619) 297-3170 87 3I0.7.45 l-l l.CHPI DINon.::;.'.[. Hui:<i)H itCli.i'.'CCUNIf.i:.'.. Q87 JUN -li FH 12= 23 I vi'CA L.L'I ; r IICOUNIY KLtOiiiiljj I 8 9 10 11 12 13 Attorneys for Plaintiff CITY OF CARLSBAD SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO NO FEE CITY OF CARLSBAD, Plaintiff, v. No.N 37200 A. K. OLIVER, a 15 Limited Partnership; LEUCADIA COUNTY WATER DISTRICT; CAL-WEST MORTGAGE COMPANY, 17 a California Corporation; C. WILLIAM DEALY, JR.;RUTH H. DEALY; DOES 1 through 50. Inclusive, NOTICE OF PENDING ACTION (CCP 55 009, 1250.150) 18 19 20 21 22 23 24 25 26 27 28 Defendants. 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 public highway, grading, landscaping, and irrigation easements for the La Costa Avenue widening and mitigation project. l\ -r~> II EXHIBIT :%M:J1=: •o CO>—k.3~1 4-tn *- 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The real property affected by this action Is situated in the County of San Diego, State of California, and more particularly described In Exhibit "A" to this Notice. Said exhibit is incorporated herein by this reference. The property and property interests being condemned are more particularly described in Exhibit "B" to this Notice. Said Exhibit is Incorporated herein by this reference. The names of those per»ons owning, occupying, claiming an interest in, or lien upon the property described herein are as follows: Name A. K. OLIVER, a LimitedPartnership LEUCADIA COUNTY WATER DISTRICT CAL-WEST MORTGAGE COMPANY a California Corporation C. WILLIAM DEALY. JR. RUTH H. DEALY Dated: June 3. 1987 Possible Interest Owner Easement Holder Trustee of Deed of Trust Beneficiary of Deed of Trust Beneficiary of Deed of Trust VINCENT F. BIONDO. JR., City Attorney ASARO £ KEACY, Special Counsel By : . ROSCOE D. Attorneys for Plaintiff DK:MDPDC«/052?87lpc -2- .1 . -1 /I •*- /1 «£? !>•'. ^,^i EXHIBIT "A" West Half of Lot 7 of the Northwest Quarter of Southeast Quarter of Section 34, Township 12 South, Range 4 West. San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved May 3, 1983. WORK/CARLSBAD1 RE: Oliver l\ -jp * EXHIBIT D J454 WHEN RECORDED. PLEASE MAIL THIS NSTRUMENT TO: ( CITY CLERK CITY OFCARLS8AO 1200 ELM AVENUE CARLSBAD, CA 92008 MO TRANSFER TAX DUE 'SPACE ABOVE FOR RECORDER'S USE ONI EASEMENT FOR GRADING, LANDSCAPING AND IRR.GATION Assessor's Parcel No. 216-110-05 A. K. OLIVER, a limited partnershic Project LA COSTA AVENUE MITIGATIONW.O. No. 36022 hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and Irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described asfollows: That portion of Lot 7 of Section 31, Township 12 South. Range 1 West. San Bernadino 8«M and Meridian, in the City of Carlsbad. .County of San Diego, State of California,•ccording to the Official Plat thereof, described as follows: Commencing at the Southwest corner of Lot IS of said Section 34; thence Easterly alongthe Southerly lint of laid Lot 15, South 86e50'50" East, 338.09 feet; thence North 83°13'13" KMt. M.M feet to the TRUE POINT OF BEGINNING; thence continuing North 83°«I3M3" EMt, «5.7« feet; thence South 69°00'00" East. 2Q.OH feet; thence North 88°19'07" West,JS.t7 ft«t; thence North 87°06'01" West, 28.36 feet to the TRUE POINT OF BEGINNING. TOGETHER with the right of access to Ingress and egress over, under, and across said'' Crantor'f land to install (including his successors and assigns), construct, maintain, repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. All M shown for convenience sake on Exhibit "A" attached hereto and made a part heretoby thl» reference. \\ T~> H EXHIBIT , O _ -._*f i •-•"-" ' - "*' < '":" * '' 1455 ® 0»ttd this day of '«*!*m Hi$&is* .r,Jf*»^' iip^isi^ls';;:.,., jss. STATE Of County of " On 19 10 •B3 lcr »»'d ^«nty and State. personalTy' Known io me (or rmTt'h7i'hL'/.^K n'me($) l$/ar« «°b*' •»• Iftat he/she/they executed the same Witness my hand and official seal. a Tor said County and State the undersigned, a Notary Public evidence' «•ln«fi"n«nt «nd acknowledged Dated d the Grantee consents ,0 reeorda«,on thereof By 4^'*" PROPOSED GRADING EASEMENT AREA : 2