Final Order of Condemnation 1989-617929
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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
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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)
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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.
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,.'.__.__.__' .J
,
lA, COUNTY OF SAN DIEGO
16.3~
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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)
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