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Home My WebLink AboutDeeds & Easements-16-2002E_CCv0001.pdf PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: 3ruce W. Beach, Esq. - 3est Best & Krieger LLP Recorded In Official Records, 402 West Broadway, 13th Floor County of San Bernardino Dock: 2002-0463937 San Diego, CA 92101-3592 910412002 3:48 PM AND WHEN RECORDED MAJ.TO: Bruce W. Beach, Esq. Best Best & Krieger LLP 402 West Broadway, 13th Floor San Diego, CA 92101-3592 SPACE ABOVE FOR RECORDER'S USE ONLY EXEMPT FROM FILING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 STIPULATED JUDGMENT T-dJe of Document ::::u{••e<',.';:,ti ra - k :::?i'Sr>. :>{;.��•'•:;.;;off• �;.;..;5:,` t ?ry;; ;:< OR °4` y:. Vim.Vit•& � .;.. .,`.��•:� :#'-.``..IR:a?:'< '�.�.SJt...<'ti.::r;;'M :;-:+,,c;h" -;;- '::f5i:-+' :4 ;;::-,.- :.;M:•,rr.*:,.*f ...:�.:,3gi,<. :;:t,�:�t•.. ^o-::'£+5"i. 0-10' 4:.- • 311 h 'r ? :y:}i•`'r '*' .n<,f,. ""'itt?}$:e" .:}}Yi�J. 'YS ff "I , , -:0 %,gg ,V1111 mj% }f,{ 01 * •�,: -$Aid ^"� :3�F ' 5L �u{--fib hS .>�3.�� ..:<.v}s3n.t�� .�...`�'�"�'f :4'}�??+ +'d�P.��'4 •:{i�' 4s L E 0 S sPEAlOf�Gt OF t'N IAF?D tNO 2 4UG 2 3 r 5 �✓ 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN BERNARDINO 9 10 11 CITY OF REDLANDS, a municipal } Corporation, } CASE NO. SCVSS 078488 12 } 13 Plaintiff, } STIPULATION FOR JUDGMENT } 14 vs. } Portion of Parcel NO. 298-061-19 for } an Easement 15 WILLLkM J. LOCKLIN and all other } PERSONS UNKNOWN CLAIMING AN } Dept.: S-2 16 INTEREST IN THE PROPERTY; DOES i } Judge: Hon. Christopher J. Warner 17 Through 50,Inclusive, } } 18 Defendants } } 19 20 Plaintiff City of Redlands ("Redlands"), by its attorneys Daniel J. McHugh, City Attorney, 21 City of Redlands and Best, Best & Krieger, LLP, by Bruce W. Beach; and defendant, William J. 22 Locklin C Locklin"), by his attorney, Fullerton, Lemann, Schaefer & Dominick, by Michael R. 23 24 Schaefer, hereby stipulate that judgment in the form attached hereto as Exhibit "A" to this 25 stipulation may be entered in the above entitled action, and that Locklin waives trial, the right to 6 trial, hearing on the issue of compensation, the making of service and filing of findings of fact, 27 and conclusive of law, notice of entry of judgment and the right to move for a new trial or 28 1 STIPULATION FOR JUDGMENT 2 3 4 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN BERNARI)INO 9 10 11 CITY OF REDLANDS, a municipal 12 Corporation, CASE NO. SCVSS 078488 13 Plaintiff, STIPULATED JUDGMENT 14 VS. Portion of Parcel NO. 298-061-19 for an Easement 15 WILLIAM J. LOCKLIN and all other PERSONS UNKNOWN CLAIMING AN Dept.: S- 16 INTEREST IN THE PROPERTY; DOES I Judge: Hon. Christopher J. Warner 17 Through 50, Inclusive, 18 Defendants 19 20 This matter has been assigned to the Honorable Christopher J. Warner, Judge of the Superior 21 Court, Plaintiff City of Redlands, ("Redlands") is represented by Daniel J. McHugh, City 22 Attorney, City of Redlands and Best, Best & Krieger LLP, by Bruce W. Beach, and defendant 23 24 William J. Locklin, ("Locklin"), by Michael R. Schaefer, Esq., Fullerton, Lemann, Schaefer & 25 Dominick. The parties have stipulated that judgment as hereinafter set forth may be entered. 26 Defendants Does I through 50, inclusive and all persons unknown claiming an interest in the 27 property have been dismissed without prejudice. It further appearing to be a proper case 28 therefore, STIPULATED JUDGMENT I IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 2 1. Redlands seeks to take, acquire, and condemn the rights, title, and interests hereinafter 3 described in and to the real property designated as a portion of Parcel No. 298-061-19 referred. to 4 in Redlands's complaint and described in Exhibit "A" to this judgment and that the 5 6 condemnation and taking is for the public purposes set forth in the complaint and is necessary to 7 such public uses. 8 2. Upon direct payment to Locklin of the total sum of$4,000.00, inclusive of interest, 9 costs and fees, there shall be condemned to Redlands an easement described in Exhibit "A" 10 attached hereto. Said sum shall be in full payment for the condemnation and taking of said real 11 property, together with any and all improvements thereon pertaining to the realty and for all 12 damages of every kind and character which have accrued to or will accrue to the portion of 13 14 defendants' property not sought to be condemned, if any, by reason of its severance from the 15 portion condemned and the construction of the improvement in the manner proposed or 16 accomplished by Redlands. Said sum shall include compensation on account of Redlands's 17 possession of said real property prior to the entry of this judgment. 18 3. Said sum constitutes the full and final payment for the condemnation an4aking of the 19 easement described in Exhibit "A" and extinguishes all of the Locklin's claims for interest, costs 20 and attorney's fees, and any other claim which could have been made in this action. 21 22 4. The payment of$4,000.00 terminates, cancels and extinguishes all liens, leaseholds, 23 and encumbrances of whatsoever nature on said real property being acquired. Locklin shall be 24 responsible for payment of any liens or encumbrances on the property so as to insure title is 25 transferred free and clear of all liens, leaseholds and encumbrances. Said sum for a portion of 25 Parcel No. 298-061-19 shall be paid to defendants as follows: 27 a. To the County of San Bernardino for taxes owing to the date of April 2, 2002 (the 28 date of possession), the sum of$-0-, 2 STIPULATED JUDGMENT t a. To Locklin, the sum of $4,000.00, less taxes owing, if any and inclusive of interest, costs and fees, to be paid as follows: 2 William J. Locklin C/o Fullerton, Lemann, Schaefer&Dominick 4 Attention: Michael R. Schaefer, Esq. 215 North "D" Street 5 San Bernardino, CA 92401-1712 6 5. The sum of$650.00 deposited into court by Redlands as probable compensation for 7 the taking of a portion of Parcel No, 298-061-19 and any interest earned thereon, shall be subject 8 to withdrawal by Redlands and returned to Redlands as follows: 9 City of Redlands 10 c/o Bruce W. Beach, Esq. 11 Best,Best &Krieger LLP 402 West Broadway, 13th Floor 12 San Diego, CA 92101-3542 13 6. Upon payment of$4,000.00, Locklin shall execute an acknowledgment of satisfaction 14 of judgment and there shall be entered in favor of the Redlands, a Final Order of Condemnation 15 for the real property described as Exhibit"A". 16 17 18 Dated: July 2002 CVR1S*TC)Ip"FRj.WARNER,19 20 JUDGE OF THE SUPERIOR COURT 21 22 23 IT IS AGREED: 24 25 By: 26 William J. Locklin 27 Dated: July_, 2002 28 3 STIPULATED JUDGMENT PERMANENT EASEMENT A permanent easement and right-of-way at any time, or from time to time, to Construct, maintain, operate, replace and renew a pipeline and appurtenant structures in, upon, and across said easement or any part thereof, and ingress and egress over the following described real property in the County of San Bernardino, State of California, described as follows: SDI.I a W B\263"3 ' f EXHIBIT-A- EASEMENT IN APN 298-061-19 ALL ''NAT PORTION OF LOT 7, BLOCK 3, STRETCH MAP OF MENTONE AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 81, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A 20 FOOT NOE STRIP OF LANO THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON RECORi30F SURVEY RECORDED IN BOOK 20 OF RECORDS OF SURVEY, PAGE 14, OFFICIAL.RECORDS OF SAID COUNTY, THENCE ALONG THE SOUTH LINE OF SAID SECTION 19 SOUTH 89`34'26' EAST 144.W FEET, THENCE NORTH 00.06'02'EAST 27.00 FEET; THe CE NORTH 22'26'34'WEST 14.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF COLTON AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING NORTH 22`2MO WEST 9.48 FEET; THENCE NORTH 02'45"29TAST 124.12 FEET TO THE SOUTHEASTERLY LINE OF THE PARCEL OF LAND GRANTED TO SAN BERNARDINO ASSOCIATED GOVERNMENTS BY INSTRUMENT NO. 93-137W, OFFICIAL.RECORDS OF SAO COUNTY, SAID POINT BEING THE TERMINATION OF SAID STIP OF LAND. THE SLOE LINES OF SAO STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO TERMINATE ON SAID SOUTHEASTERLY LINE OF THE SAN BERNARDINO ASSOCIATED GOVERNMENTS PARCEL AND ON SATO NORTH RIGHT-QF-WAY OF COLTON AVENUE. PREPARED BY: 4r J HAROLD R. L.S.NO o.,,y yrs•S •r� 1 � f Om.CAi•�� ~NMC r f I f f ! ! J t ' I t ! 1 ! I � t � ! 1 � ! ON 296-061-19 ! ! ! N ! Loclom t'0E. Xnk AWL ! ! PIED JMM CA. OW4 ! +tt' ! ! v am-ARM It ! F 4.01 1 ! 40' !IV IC! COT. R,v sw Cat. KC. it PC R.=. 20/14 27.w _ Sf0'34'21i'E t4i.w _ _ ' WJTH UNE SEC It. 115. R3W At IE C XT*4 AVC PD R.S. 20114 r t — r ! ptAw •r ,.�' DAX PWOM aa,llW APN 298-0$1-19 000M sc". t' BEAR VALLEY MUTUAL WATER CO. IRRIGATION EASEMENT , a 1