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Home My WebLink About2013 CON (Encroachment Agreement Final Order of Condemnation) Thrifty Oil - 1606 East Plaza BlvdPLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: LAW OFFICE OF DON DETISCH AND WHEN RECORDED MAIL TO: (n;` ' 1010 Second Ave., Suite 1770 ', 1 ( San Diego, CA 92101 9/95 Rec.Form 11R25 D O C ## 2013-0328634 111111111111111113111111111111111111111111111111011111111 MAY 24, 2013 3:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 10337 PAGES 11 111111111111111111111111111111111111111111111011111 I I I I 111111111111111111111 I I I I I I I I THIS SPACE FOR RECORDER'S USE ONLY FINAL ORDER OF CONDEMNATION (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fcc applies) • 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 28 103: F tithe L E VAY 15 2013 By: K. Mulligan, Deputy IN TILE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO — CENTRAL DIVISION CITY OF NATIONAL CITY, a public agency, Plaintiff, ) ) v. ) ) ORKIN, INC., a California Corporation; ) THRIFTY OIL COMPANY, a California ) Corporation; ARCO PRODUCTS ) COMPANY, a Division of Atlantic Richfield ) Company, a Delaware Corporation; PACIFFIC TELEPHONE AND ) TELEGRAPH COMPANY, a Public Utility; ) COUNTY OF SAN DIEGO, a Public Entity; ) and DOES 1 through 50, inclusive, ) Defendants. ) CASE NO.37-2010-00077981-CU-EI-SC FINAL ORDER OF CONDEMNATION Portion of Assessor's Parcel Number: 557-410-15 Address: 1606 E. Plaza Blvd., National City, CA 91950 Action Filed: June 29, 2010 Judge: Hon. Ronald L. Styn Dept.: C-62 Trial Date: None Set 8 Judgment in Condemnation having been entered in the above -entitled action on April 10, 2013 in the Office of the County Court Clerk of San Diego County, State of California, and it appearing to the Court's satisfaction that the above -named plaintiff, under that judgment, has paid to the defendant, THRIFTY OIL CO., a California Corporation, just compensation in the sums set forth and disbursed in accordance with the Stipulation for Judgment in Condemnation and Judgment in Condemnation on file in this action: NOW THEREFOR IT IS HEREBY ORDERED AND ADJUDGED: The temporary, permanent easements and right of way on and across portions of that parcel of property, situated in the City of National City, County of San Diego, State of California, FINAL ORDER OF CONDEMNATION 1 10339 1 .more particularly described in Exhibit "A" attached hereto and incorporated herein, is hereby 2 condemned to and taken for the public uses stated in the Complaint as amended in this action. 3 On filing a certified copy of this Final Order of Condemnation with the County Recorder 4 of the County of San Diego, State of California, the temporary and permanent easements on and 5 across a portion of the parcel of property described herein and in Exhibit "A" attached hereto and 6 incorporated herein shall finally and completely vest in Plaintiff, its successors and assigns. 7 IT IS FURTHER ORDERED AND ADJUDGED that Defendants shall pay any and all 8 unpaid taxes (and penalties, if any) on those portions of the real property condemned herein up to 9 the date of this order and that taxes thereafter be cancelled in accordance with the California 10 Revenue and Taxation Code 5084. 11 12 DATED: MAY, 1 5' 2013 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDGE OF THE SUPERIOR COURT RONALD L. STYN FINAL ORDER OF CONDEMNATION 2 10340 ATTACHME\ T 1 ' emp CONSTRUCTION EASEMENT PI 4 3E VD BOILLARD- CANOPY-' SUPPORT 52 PROPOSED R/W Exist BACK OF SIDEWALK -Exist R/W BACK OF NEW SIDEWALK PROPOSED CURB AT BACK OF SDEWALK 53 -Exist CURB AT PLAM ER Ir ^/ t,,/ j� (/ G \ 29, PI / `` °k° °$F° bR•ivEw4V �7 BOLLARD Exist CONCRETE `'AD -Exist CANOPY 10342 Exhibit "A" EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-15 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 22°36'25" EAST 186.26 FEET TO. A POINT IN A 30.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY IN THE NORTHERLY LINE OF LAND PER DEED RECORDED NOVEMBER 8, 1972 AT FILE/PAGE NO. 297183 OF OFFICIAL RECORDS, A RADIAL LINE TO SAID POINT BEARS NORTH 53°46'05" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69°00'54" A DISTANCE OF 36.14 FEET TO A POINT ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE, BEING SAID SOUTHERLY LINE OF PLAZA BOULEVARD, SOUTH 74°45'10" EAST (SOUTH 75°14'37" EAST PER SAID DEED) 123.71 FEET TO THE NORTHEAST CORNER OF SAID LAND; 3. THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 17°50'40" EAST 11.34 FEET; 4. THENCE LEAVING SAID EASTERLY LINE NORTH 74°59'42" WEST 138.66 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'48" A DISTANCE OF 22.03 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.033 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 (Q, 5-,52-6 E RCE 27648 oQROFESS/0,va w Z 9m m No.27649 m Exp.03131/10 10343 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-15 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 22°36'25" EAST 186.26 FEET TO THE NORTHERLY LINE OF LAND PER DEED RECORDED NOVEMBER 8, 1972 AT FILE/PAGE NO. 297183 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT 25,00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 35°28'30" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'48" A DISTANCE OF 22.03 FEET; 2. THENCE SOUTH 74'59'42" EAST 138.66 FEET TO THE EASTERLY LINE OF SAID LAND; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17'50'40" EAST 10.81 FEET; 4. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°21'16" WEST 18.38 FEET; 5. THENCE NORTH 75°08'17" WEST 38.62 FEET; 6. THENCE NORTH 15'17'05" EAST 16.14 FEET; 7. THENCE NORTH 75°29'05" WEST 36.96 FEET; 8. THENCE SOUTH 15°16'44" WEST 11.29 FEET; 9. THENCE NORTH 74'55'25" WEST 50.68 FEET; 10. THENCE SOUTH 26'06'07" WEST 29.02 FEET; 11. THENCE SOUTH 72°12'40" WEST 7.90 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 30.00 FEET OF SAID LOT 2, SAID LINE ALSO BEING THE EASTERLY LINE OF PALM AVENUE; 12. THENCE ALONG SAID NORTHEASTERLY LINE NORTH 17'47'20" WEST 13.15 FEET TO THE BEGINNING OF A TANGENT 30.00-FOOT RADIUS CURVE CONCAVE EASTERLY; 13. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°01'15" A DISTANCE OF 28.29 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.060 ACRES, MORE OR LESS. MI KEY B. AG I fRRU RCE 2 648 /a -/o -12 10344 10345 Exhibit "B" 10346 UTILITY AND ACCESS EASEMENT REC. 3/1/57 IN BK. 6477 PG. 575 O.R. PERMANENT ACQUISITION AREA = 0.033 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.060 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 z9� PDR, NW 1/4 oF W 1/2 LOT 2 IN rUARTr" -12J Jr RHO, DE LA NAriON MAP NC 166 NATIONAL CITY PERMANENT ACQUISIi1ON AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-15 ORKIN, INC. C r.AR CERTIFICATE of ��s�• document, correct copy of the WoriginaltM copy on file in this office. Clerk of the Superior C • orttJ 2_2011 °ePutX. MULL! ' N RAUCH DETISCH & STEINKE A PROFESSIONAL LAW CORPORATION Donald W. Detisch, Attorney at Law Andrew K. Rauch, Attorney at Law Kristen S. Steinke, Attorney at Law June 11, 2013 VIA U.S. MAIL Steve Manganiello City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Re: City of National City v. Orkin, et al. SDSCC# 37-2010-00077981-C U-EI-SC Dear Steve: 1010 Second Ave., Suite 1770 San Diego, California 92101 Tel: (619) 515-1140 Fax: (619) 235-9100 E-mail: fir oi lawrds.com Please find enclosed the original Final Order of Condemnation recorded on May 24, 2013 as Document No. 2013-0328634. Please ensure that this original is retained in the appropriate City Department which oversees and maintains City ownership records. The Final Order of Condemnation is the equivalent of a deed. Should you have any questions or co rns please co -.ct me. DWD:mdb Cc: City Atty Encl. D. aid W. Detisch