Fortune-Dry Creek Group - Final Order of Condemnation14386 �-9 Page
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BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles:l / Pages: 9
Fees...., No Fees
Taxes...
Copies..
AMT PAID
RDE # 003
9/11/1998
2 :59 PM
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DOCUMENTTITLE
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LINDA A. CALLON, CA. STATE .BAR NO. 99450
GILROY CITY ATTORNEY
R. PRESCOTT JAUNICH, CA. STATE BAR NO. 164390
BERLINER COHEN
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN-JOSE, CALIFORNIA 95113 -2233
TELEPHONE: (408) 286 -5800
FACSIMILE: (408) 998 -5388
ATTORNEYS FOR PLAINTIFF CITY OF GILROY
a.
Fit „ --
• J
By- � � 'I
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
CITY OF GILROY,
Plaintiff,
Vs.
FORTUNE- DRY.CREEK GROUP, a
California limited partnership;
SUMITOMO BANK OF CALIFORNIA, a
California Banking Corporation;
MAURO STATIONERS, INC.; CORNISH
AND CAREY REAL ESTATE; FIRST
UNITED FEDERAL CREDIT UNION; JORGE
E. GOMEZ; VILLAGE CAR WASH;
ANTHONY GRANATA and BETTY GRANATA
dba GRANATA'S BAKERY; THE
PRUDENTIAL INSURANCE COMPANY OF
AMERICA; MARIA CRUZ CABALLERO and
ANGELICA SANDOVAL dba CRUZ BEAUTY
SALON; JOE HAILEY and RENEE
HAILEY; GRECO, FELICE AND
BLAETTLER, CPA's; CONNIE MAE
BLACKMORE dba GILROY GRAPHICS; and
DOES 1 through 50, inclusive,
Defendants.
No. CV750262
FINAL ORDER OF CONDEMNATION
[APN 790 -36 -0141
Pursuant to the Stipulation for Entry of Judgment in Eminent
Domain and Withdrawal of Court Deposit,-Judgment in Eminent Domain
( "Judgment ") was entered in the above entitled action on July 9,
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1996, and it now appearing to the Court's satisfaction that
Plaintiff CITY OF GILROY, under that Judgment, has paid to the
Defendants just compensation in the sum of Twenty -Six Thousand Five
Hundred Dollars (26,500.00);
IT IS ORDERED AND ADJUDGED that the real property or interests
in real property situated in Gilroy, California,.more particularly
described in Exhibit "A," attached hereto and incorporated herein,
(the "Property ")is or are hereby condemned to CITY OF GILROY.
IT IS FURTHER ORDERED AND ADJUDGED that a certified copy of
this order be recorded in the office of the Recorder of Santa Clara
County, State of California, and thereupon title to the Property
shall vest in CITY OF GILROY, its successors, and its assigns.
IT IS FURTHER ORDERED AND ADJUDGED that real property taxes
-for the Property, including all delinquencies, costs and interest,
if any, shall be prorated in accordance with Revenue and Taxation
i
Code Section 5082 as of July 9, 1995, the effective date of the
Order for Possession for the Property in this matter. Such portion
of such taxes as are attributable to the period from and after said
date shall be canceled.
Dated: August 1996.
JUD _f!)rHZ S P RIOR COU
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Fee Interest: -
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A Parcel of land in the City of Gilroy, Santa Clara
County, California, Being a portion of Parcel 1 as shown
e
upon that map ' recorded in Book 356 of Maps, at page 7,
records of said County, and being more particularly
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described as follows.
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Beginning of the most Northerly corner of said
Parcel 1;
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1) thence along the North line of said Parcel 1, said line
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also being the South line of Welburn Avenue, South
70 600100" West, 337.79 feet to the most westerly corner of
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said Parcel 1; 0
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2) thence along the southwesterly line of Parcel 1,
.South 20 000'00" East, 5.00 feet;
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3) thence leaving said southwesterly line_, and running
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parallel with and 5.00 feet southerly .o.f:the northerly line
of Parcel 1 North 70000,00" East 305.11 `feet to a point of
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curvature;
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4) thence along the curve to the right, with a radius of
10.00 feet, through a central angle of 45 000130 ", an arc
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length of 7.86 feet to a point of tangency;
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5) thence South 64 459130" East 32.09 feet to a point of
curvature;
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6) thence along the curve to the right, having a radius
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of 10.00 feet, through a central angle of 44 0591301, an
arc distance of 7.85 feet to a point on the northeasterly
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line of said Parcel;
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7) thence along said northeasterly line North 20 000,00"
West, 37.69 feet to the Point of Beginning.
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Temoorary Construction Easement:
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Being a temporary easement for construction purposes
over, on and across a strip of land 3.00 feet in width,
adjoining the southerly and southwesterly lines of the
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fallowing described lines and extending the entire length
thereof:
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Beginning at the most Westerly corner of Parcel 1 as
shown upon that map recorded in Book 356 of Maps, at page 7
records of Santa Clara County,
thence along the westerly line of said Parcel 1
South 20 000100" East, 5.00 feet to a point;
thence leaving said westerly line, and running parallel
with and 5.00 feet southerly of the northerly line of said
Parcel 1 Forth 70 000100" Bast, 295.11 feet to the True
Point of Beginning;
1) thence continuing running parallel with and 5.00 feet
southerly of the northerly line of said Parcel 1,
North 70000100" Bast, 10.00 feet to a point of curvature;
2) thence along a curve to the right•,,having a radius of
10.00 feet, through a central angle of 45 °00130 ", an arc
length of 7.86 feet to a point of tangency;
3) thence South 64 059130" East 32.09 feet to a point of
curvature;
4) thence along a curve to the right, having a radius of
10.00 feet, through a central angle of 45059130", an arc
length of 7.85 feet to a point along the northeasterly' line
of said Parcel 1.
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City of Gilroy v. Fortune Dry Creek, et al Case No. CV750262
CERTIFICATE OF SERVICE
I, Lisa Murphy, declare under penalty of perjury that the
following facts are true and correct:
I am a citizen of the United States, over the age of eighteen
years, and not a party to the within action. I am an employee of
BERLINER COHEN, and my business address is Ten Almaden Boulevard,
Suite 1100, San Jose, CA 95113. On August 27, 1996, I served the
following documents:
FINAL ORDER OF CONDEMNATION
in the following manner:
by transmitting via facsimile the document(s) listed above to
the fax number(s) set forth below, or as stated on the
attached service list, on this date at .m. from
the sending facsimile machine telephone number of (408) 998
5388. The transmission was reported as complete and without
error by the machine. Pursuant to California Rules of Court,
Rule 2008(e)(4), I caused the machine to print a transmission
record of the transmission, a copy of which is attached to
this declaration.
X by placing the documents) listed above in a sealed envelope
with postage thereon fully prepaid, in the United States mail
at San Jose, California addressed as set forth below.
by overnight mail by placing the document(s) listed above in a
sealed overnight mail envelope with postage thereon fully
prepaid, addressed as set forth below.
by personally delivering the document(s) listed above to the
person(s) at the address(es) set forth below.
Steven B. Mains
Leland, Parachini, Steinberg, et al.
333 Market Street, 27th Floor
San Francisco, CA 94105
I am readily familiar with my firm's practice for collection
and processing of correspondence for mailing with the United States
Postal Service /Express Mail, Federal Express and other overnight
mail services, to wit, that correspondence will be deposited with
the United States Postal Service /overnight mail service this same
day in the ordinary course of business.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
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Executed on August 27, 1996, at San Jose, alifornia.
E
sa Murphy
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