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Home My WebLink AboutDeeds & Easements-3-1998E_CCv0001.pdf NOW 001 Document 'Reurded oil HIM q as 3& 3 Dis S U P -t r, SAN , ;j �11 �cj Haz not been comorigi pared with nal. — TS CoLi iR 4 ,N4 0 y SAN C'MNARDIN'Ll COUNTY RECORDER 6 By 7 Deputy 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA Ij 9 it COUNTY OF SAN BERNARDINO 10 11 ! CITY OF REDLANDS, a public Case No. SCV 46091 entity, 12 FINAL ORDER OF CONDEMNATION Plaintiff, 13 � v. A Portion of Parcel 14 ESTHER J. SCHOTT, trustee of No . 169-281-34 the Esther J. Schott Trust of 15 1997; PHILIP M. SCHOTT; DONALD) Complaint Filed: 03/13/98 K. FURNESS AND HELEN F. Judge : Ludvigsen 16 FURNESS, Trustees of the D. K. ) Trial Date : None set Furness Inc . Retirement Plan; ) Dept : C 17 STANLEY L. BAUER; DOES 1 THROUGH 50, inclusive, 18 Defendants . 19 20 21 22 23 24 25 26 27 28 1 On June 5 , 1998 , the Court made and entered its Stipulated 2 Judgment against defendant Esther J. Schott, trustee of the Ester J. 3 f Schott Trust of 1997, whereby the Court adjudged and decreed the 4 � amount of just compensation and damages to be paid by plaintiff C1 -_Y 5 , of Redlands ("City") for the condemnation and taking by City of 6 1portions of Parcel No. 169-281-34 in fee simple absolute. All other i 7 ! defendants have either been dismissed or have filed disclaimers . 8 1 9 IT APPEARING TO THE COURT that City has made all payments that. 10 are required by law, orders, judgments or decrees of this Court , and 11 that this is not a case where any bond need be given; and 12 13 The Court having considered the law and the property being 14 ! acquired, and good cause appearing therefore, 15 16 IT IS ORDERED, ADJUDGED AND DECREED: 17 18 1 . There is hereby taken and condemned by City for public use 19 the fee simple absolute interest in and to real property designated 20 as portions of Parcel No. 169-281-34 and fully described in Exhibit 21 "A" attached hereto and incorporated herein by reference . 22 23 2 . A certified copy of this final order of condemnation shall 24 be recorded in the office of the Recorder of the County of San 25 iBernardino, State of California, and thereupon there shall vest in 26 City, the fee simple absolute interest in and to the real property- 27 designated as portions of Parcel No. 169-281-34 and fully described 28 in Exhibit "A" hereto. -1- s FINAL ORDER OF CONDEMNATION 1 3 . City was authorized to take possession of the property 2 described in Exhibit "A" on or about April 27, 1997, pursuant to an 3 order of Possession dated March 27, 1997 . 4 5 4 . The property described in Exhibit "A" hereto, being 6 portions of Parcel No. 169-281-34 , is situated in the City 0-f 7 Redlands, County of San Bernardino, State of California. 8 9DATED: CY 9s DATED 10 JU OF' TIDE SUPERIOR COURT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2- FINAL ORDER OF CONDEMNATION DESCRIPTION OF RIGHTS A fee simple absolute interest in the fallowing described and depicted property: Exhibit "A" APN 169-281-34 ESTHER J. SCHOTT EXHIBIT'A' THAT PORTION OF PARCEL NO.2 OF PARCEL MAP NO. W59,AS RECORDED IN PARCEL MAP BOOK 53, PAGES 90 AND 91, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF EUREKA STREET AND THE WESTERLY PROLONGATION OF THE NORTH LINE OF PARCEL NO,2 OF PARCEL MAP NO. 14891,AS RECORDED IN PARCEL.MAP BOOK 1$1,PAGES 88, 87,AND 88, RECORDS OF SAID COUNTY,'SAID POINT BEING AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL MAP NO. 14891;THENCE NORTH Or 4!I°3T EAST ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL MAP NO. 1489149.82 I =T TO AN INTERSECTION WITH THE EAST RIGHT-Ofr-WAY LINE OF EUREKA STREET AS SHOWN BY SAID PARCEL MAP, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL NO.2 OF SAID PARCEL MAP,SAID POINT BEING ALSO ON A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 300.00 FEaETI`;THENCE NORTHERLY ALONG SAID CURVE FROM AN INITIAL TANGENT THAT BEARS NORTH 4.21'Ur WEST WITH A RADIUS OF 380.00 FEET THROUGH A CENTRAL ANGLE OF 4-CW 25'AN ARC DISTANCE OF 25.49 FEET;THENCE NORTH wo 1T w WEST 14.18 FEET"TO THE TRUE POINT OF BEGINNING:THENCE CONTINUING NORTH or 1T or WC-,''3T;zoo FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 450AG FEET;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CE.T+II'TRAL ANGLE OF r 11'49'AN ARC DISTANCE OF 41L74 FEET.THENCE NORTH jr 2r w WEST 28.!39 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF OV 11'01'AN ARC DISTANCE OF 41.97 FEET TO A POINT WHICH IS SOUTH or 1r 53'EAST 27.00 FEET FROM THE CENTERLINE OF STUART AVENUE;THENCE NORTH 89'42'Or EAST PARALLEL WITH THE CENTERLINE OF SA0 STUART AVENUE 10.00 FEET;THENCE NORTH 00. 1 T Sr WEST 27.00 FEET TO A POINT ON THE CENTERLINE OF SAID=ART AVENUE;THEE SOUTH W 42'Or.WEST ALONG THE CENTERLINE OF SAID STUART AVENUE 93.08 FEET TO ANI ERS I N OF SAID STUART AVENUE AND THE EXISTING CENTERLINE OF`EUREKA STTR=t THENCE SOUTH 08'2r SC EAST ALONG THE CENTERLINE OF SAID EUREITSA S"1REE T 8&54 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS 398.995 FEET;THELE SOt.TRLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6'11`49"AN ARC DISTANCE OF 43.12 FEET;THENCE SOUTH 00. 17'05'mw ALm THE CENTERLINE OF&vo EUREKA STREET 43.03 FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADRS OF 399.79 FEET,THENCE ALONG SAID CURVE THROUGH A CENTRAS. ANGLE OF 1`25143'AN ARC DISTANCE OF 9.97 FET TO A POINT VVH104 IS SOUTH W 4Z 1."WEST 51.88 FEET FROM THE POINT OF BEGINNING;THENCE NORTH W 42112' EAST 51.88 FEET TO THE POINT OF BE INNII GOL EXCIPTING THEREFROM ANY PORTION OF EUREKA STREET OR STUART AVENUE PREVIOUSLY DEDICATED TO THE C . III LAND.. P BY' OLD Rwffl LS NO.2851 s t...�� {j; r� � _ - 4 •n��,a'.�.I/bw �t a yS T ' Part Taken . ' .. e Land _ AVE _ - ,�,PART , N f --------- --------------- -- ---------------- 1 it r r l '. [ 1 t 1 1 Hicks & Hartwick 1t cw. 00"M 11 . ileo SUWAYORS t 1 37 fact oftw Aww�r 1 _ 1 J`4. REOLA)C* CAL00011RA i W (Wei 70.1-3257 1 W i 140, N 1 } i G7j i 4 L ... s• —07 O� i 1 i Al APN 1851-281-34 c _ RED1tANOS RAILWAY & OEVELOPUENT CO. C/0 Ptd M. SCHOTT r r* P.O. BOX 240 REDLAMM CA. 92373 t r t At . 2M SQ FT. A2 • 1901 SO. FT. AOOITtONAL 0£tkCAMXi = 39,93 SQ. FT. t I 1 rLUy, - t I 1 �t Exhibit "A" E � it t i7 Page 3 of 4 1 � + 1 f 1 s 1 Plat M TA T J-11 Gr-1WA r l U 34 ® to O � i ♦O Q to Q t a V 20 N' ® 1 ' ` 34 SJ H �•--MSM �p�E7Kl---+d-_ sit is OD Ss® /4 LS% +o >t ' u 3109,171, SI ` so Ss se. IS O - all i 1 ` r AYC— II 2t t 1.0 .c. �~ �~ N : 11 t2 tS Per. 2 0 IS, I r . ♦• It .............. (� For. ` s: n r{/ at•(r-1/r.y. 14 off Nct ........ fit N L ... It ..._.... r.r}t.. •. �Irt•laar/, ry. St qt tot t�: 20 rt: _ ....... 24 _/t/�tl•li�r/ :; D 2� Sid NI t -2iF. ------------- { 1 s 2t .......... ,..,t.., " '� 1 '► ' w » w w '3 St t 1 - - - ��1t:MF-- (1}•KHN!-0(4ff} fS41ff-14C4"- - �` Exhibit "A" Copy i Bruce W.Beach,Bar No, 59122 EXEWT FROM FILING FEES Shawn Hagerty,Bar No. 182435 PURSUANT TO GOVERNMENT 2 j LAW OFFICES OF CODE SECTION 6103 11i BEST BEST & KRIEGER LLP 3 1 402 WEST BROADWAY, 13TH FLOOR rt SAIN DIEGO,CALIFORNIA 92101-3542 TELEPHONE(619)525-1300 4 5 Attorneys for Plaintiff 6 City of Redlands 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO 10 11 CITY OF REDLANDS, a public entity, Case No. SCV 46091 12 Plaintiff, PROOF OF SERVICE 13 V. A Portion of Parcel No. 169-281-34 14 ESTHER J. SCHOTT, trustee of the Ester J. (One Parcel) Schott Trust of 1997; PHILIP M. SCHOTT;) 15 DONALD K. FURNESS AND HELEN F. Complaint Filed: 03!13/1998 FURNESS, Trustees of the D.K. Furness Judge: McPeters 16 Inc. Retirement Plan, STANLEY L. Trial Date: None set BAUER,- DOES I through 50, inclusive, Dept: 4 17 Defendants. 18 19 20 21 22 23 Ij 24 25 26 27 28 CITY OF REDLANDS v, SCHOTT: S,B,S,C, Case No: SCV 46091 2 PROOF OF SERVICE 3 4 1 am a resident of the State of California, over the age of eighteen years, and not a party to the 5 within action. My business address is Best Best&Krieger LLP, 402 West Broadway, 13th Floor, San 6 Diego, California 92101-3 542 7 8 On June 16, 1998, 1 served by U.S. mail the following documents: Final Order of 9 Condemnation by placing a copy of the document(s)in a separate envelope for each addressee named 10 below and addressed to each such addressee as follows: 11 Richard L. Franck, Esq. Esther I Schott, Defendant 12 Carlo Sima, Esq. 60 North Michigan Street 0 w Parker Milliken Clark O'Hara& Samuelian Redland, California 92373 0 13 333 S- Hope Street, 27th Floor 0 W Los Angeles, California 90071 a T NW ; < 14 < Z U 3t M 0 0 < W r < 0 0 5 15 1 am readily familiar with the firm's practice of collection and processing correspondence for W U In W 0 0 16 mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with Mry 0 0 z < 17 postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the 18 party served, service is presumed invalid if postal cancellation date or postage meter date is more than 19 one day after date of deposit for mailing in affidavit. 20 1 declare under penalty of perjury under the laws of the State of California that the above is 21 true and correct. 22 Executed on June 16, 1998, at San Diego, C�il)rma. 23 Julie el 24 25 26 27 28 76916, PROOF OF PERSONAL SERVICE