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Final Order of Condemnation 1989-617929 _'i t 'i -'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 < . 8 ~ 61 7 9 29 . 1630 -, RECORDING REQUESTED Bf,,?iE(i~r}&~li(2tj AND WHEN RECORDED MAIL TO: pld 3"45 89NO\l 14 n . STEPHEN M. ECKIS ' , VfEtA L. LYL~ \ TAMARA A. SMITH \ _CQl["f'{E;:'CGR[;~R , McDOUGAL, LOVE, ECKIS,~NDLE , O'COlmOR Four Sixty North Magnolia Avenue Drawer 1466 El Cajon, California 92022-1466 (619) 440-.4444 NO FEE ,; , l E U Rob"t O. Zum"I~"",,k m SEP 1 5 1989 BY J A. Pl;Tl;fj:;O" Dl;PUTY Attorneys for the CITY OF POWAY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF POWAY, a Municipal ) CASE NO. 597858 Corporation, ) ) FINAL ORDER Plaintiff, ) OF CONDEMNATION ) v. ) [C.C.P. Sl268.030J ) JAMES M. STELL, et al. , ) APN 317-652-07 ) Defendants. ) ) ) JAMES M. STELL, et al., ) ) Plaintiff, ) ) v. ) ) CITY OF POWAY, et al., ) ) Defendant. ) ) Judgment in condemnation having been entered in the above- entitled action on August 24, 1989, at Book 1937, Page 157, in San Diego County, 'California, order ing that Plaintiff is enti tled to take by condemnation the property described in Plaintiff's Comp1:aint on file and more fully described herein, and it -1- ;1' . . I, ! I iJ i 1- , 1, , . . 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 ; J i . 1631 ~ appear ing to the cour t.' s satisfaction that Plaintiff, CITY OF POWAY, under that judgment has paid the Defendants JAMES M. STELL and CHRISTINE A. STELL, the total sum of Twenty Thousand Dollar!;! ($20,000.00) as just compensation for the property so taken, and IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The property descr ibed below is taken for and condemned by Plaintiff for the public purpose of acquiring right of way for public street pur.poses and slope easement, together with a temporary e'asement for the performance of the work duri::ng; construction. The land referred to herein and made subject to said easement of right of way is situated in the City of poway, County of San Diego, State of California, and is more particularly described on Exhibit III attached hereto and made a part hereof by this reference. On filing a certified copy of this Final Order of Condemnation with the San Diego County Recorder, title in the interest so taken shall vest in plaintiff, its successors and assigns. SE.~ i 0 _. JUDl'fHUCCON'N"ELL JUDGE OF THE SUPERIOR COURT Dated: , 1989 FINL-ORD.STL(kpm) -2- t' .....J -: "'" - . ,. r " I , i'/.'.;,' i"',\;\; & -e553' . & 1632- EXHIBIT U PARCEL 1 - SLOPE EASEMENT IN APN 317-652-07 ~HAT PORTION OF LOT 17 OF CASA REAL POWAY - UNIT 1, ACCORDING TO !#.l\P THEREOF NO. 6944 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OI-EGO COUNTY MAY 27, 1971 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS fOLLOWS: BEGINNING AT THE SOUTHWESTERY CORNER OF SAID LOT 17 OF SAID MAP SO. 69M, SAID CORNER BEI'NG ON THE. EASTERLY. LINE OF THE RIGHT-OF- WAY OF POMERADO ROAD AS DEDICATED PER SAID .MAP NO. 6944; THENCE ALONG SAID EASTERLY LINE, NORTH 06 DEGREES 46' 47" WEST (RECORD N. 07 DEGREES 13' 5.1" W. PER SAID MAP NO. 6944), 53.74 FEET; THENCE LEAVING SAI!> Jl}GHT-OF-WAY OF SAiD POMERADO ROAD, SOUTH 41 DEGR.EES 53' 07 u ~A~T ,99.77 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 6944, SAIi)POINT BEING ALSO ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO ROBERT W WOLINSKI AND PATRICIA L. WOLINSKI, HUSBAND AND'WIFE, RECORDED APRIL 22, 1974 AS FILE NO. 74-101196 OF OFFICIAL RECORDS; THENCE ALONG SAID !\lORTHERLY LINE ANJ) SOUTHERLY BOUNDARY, NORTH 70 DEGREES 51' 49" WEST (RECORD S. 71 DEGREES 23' E. PER SAID DEED AND N. 71 DEGREES 18' 35" W. PER SAID MAP NO. 6944), 63.79 'FEET TO THE POINT OF BEGINNING. SAID PARCEL 1 CONTAINING AN AREA OF 0.035 ACRE, MORE OR LESS. ..- . ~ ._, " "'- ,.'.__.__.__' .J , lA, COUNTY OF SAN DIEGO 16.3~ , SUPERioR COURT OF CAL FOR COURT USE ONLY TITLE t)FiCASEIAbbr"i.todl CIW OF PdWAY v. ,JAMES M.STELL, et al. ~ R,~.n D. l,m..I~ q.,~ ill SEP 15 1989 ATTORNEYISINAME'AND.ADDRESS TELEPHONE STEPHENM. ECKIS/TAMARA A. SHITH (619') 440-4444 46'6 N. Magnolia Ave., Drawer 1466 El Cajon, CA 92022-1466 6Y J. A. PETtt(~O"'OEPUTY ATTCiRNEYIS),F,OR: CITY OF I'OWAY HEARiNG DATE.TlME-OEPT CASE NUMBER 597858 DECLARATION OF SERVICE BY MAIL I, Kathleen McDade declare that: I am over the age of eighteen years and not a party to the action; I am employed in, or am a resident of the County of San Diego, California; where themailingoccurs;andmy~ml.la<etbusiness address is 460 N. Magnolia Ave., El Cajon, CA.92020 I further (No., Street) (City, State) declare that I am readily familiar with the business' practice for collection and processing of corres'pondence for mailing with the 'United States Postal ServiCE! pursuant to which practice the correspondence will be deposited with the United Statl!~ Eostlll Service this same day in the ordinary course of business. I caused to be served the 'following document(s): FINAL ORDER OF CONDEMNATION lsetforth exact title of document(slJ placing a copy thereof in a separate envelope for each addressee respectively as follows: by_ Richard R. Freeland ASARO & KEAGY 3170 Fourth Ave. San Diego, CA 92103 Brian Frasch LILLICK & McHOSE 101 West Broadway, Ste. 1800 San Diego, CA 92101 I then sealed each envelope and, with the postage thereon fully prepaid, either deposited 'each in the United 'States Postal Service or placed each Jor collection and 'mailing on Auqust -48 19 89 , at El Cai on , California, following ordinary busi- ness practices. I declare under penalty of perjury going is true and correct. Executed on August fill under the laws of the State of California that the fore- ~Yh~ KATHLEEN MCDA~ifnature) PROOF OF SERvIcE BY MAIL (C.C.P. 10138 and 2015.5) , 19 89 Co. Clk. form'9A (Rev; 7/1/88) ':,... ~!;,::t.~.~:~; ~;'...... --'.~': ,~.,