Loading...
Fortune-Dry Creek Group - Final Order of Condemnation14386 �-9 Page IRECORDING REQUESTED BY 3149 DOCUMENT: 14386419 WHEN RECORDED MAIL TO: '��Q14s419�` G6, .8Q. 95j 13 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 ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) i n cc Qr-d e✓ 07"" Cz- eUl nG +► rorl DOCUMENTTITLE ri SEPARATE PAGE, PURSUANT TO GOVT_ CODE - 27361.6 14386419 t1 Wei 10 11 12 13 '14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, WJU16749.01 U-N2604706027 -1- 14 38 64,19 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 Z8 19 20 21 22 23 24 25 M. 27 28 Page _. 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 %RPM16749.01 61-082504706027 -2- 14386419 Page 3 4 5 6 Fee Interest: - 7 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 9 described as follows. 10 Beginning of the most Northerly corner of said Parcel 1; 11 1) thence along the North line of said Parcel 1, said line 12 also being the South line of Welburn Avenue, South 70 600100" West, 337.79 feet to the most westerly corner of 13 said Parcel 1; 0 14 2) thence along the southwesterly line of Parcel 1, .South 20 000'00" East, 5.00 feet; 15 3) thence leaving said southwesterly line_, and running 16 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 17 curvature; 18 4) thence along the curve to the right, with a radius of 10.00 feet, through a central angle of 45 000130 ", an arc 19 length of 7.86 feet to a point of tangency; 20 5) thence South 64 459130" East 32.09 feet to a point of curvature; 21 6) thence along the curve to the right, having a radius 22 of 10.00 feet, through a central angle of 44 0591301, an arc distance of 7.85 feet to a point on the northeasterly 23 line of said Parcel; 24 7) thence along said northeasterly line North 20 000,00" West, 37.69 feet to the Point of Beginning. .25 Temoorary Construction Easement: 26 27 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 28 fallowing described lines and extending the entire length thereof: -3- 4386419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5. 16 17 18 19 20 21 22 23 Page 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. 24 25 26 27 28 \264 \189293.1 52- 061206706027 -4- L4386419 . 'I . 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 2.1 22 23 24 25 26 27 28 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. %RPA301777.01 61 -030804706027 -1- 14386419 Page 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 Executed on August 27, 1996, at San Jose, alifornia. E sa Murphy WJ01777 .01 • -2 - 61 -030804706021 7 _ .. 14 38.6419 Page Q _ -�gYOR +, : rUSi'ICIA ThefClmdng' mentia800"d00wof the original an tie in this offt o ATTEST. SEP 111598 ST-!*PH,r � to,, Cka 6pW�y cUMN •IIf N tl C� C � :� 11.m