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13_0220515Recording requested by the COUNTY OF RIVERSIDE when recorded return to: BEST BEST & KRIEGER LLP 3390 University Avenue, 5th Floor P. O. Box 1028 Riverside, CA 92502 Attention: Marvin I. CohenS ORIGINAL DOC # 2013-0220515 05/09/2013 11:52A Fee:NC Page 1 of 31 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder l 1111111111111 IN 1 R I U I PAGE I SIZE I DA I MISC I LONG LRI M I A I L 1 465 1 426 1 PCOR This document is recorded at the request of the—COUNTY OF RIV 27383 of the Government Code, No fee shall be charged therefor 60580.0000317953052.1 '2-390-045 -01413] ., et al. 24 J ction 1 2 3 4 5 6 7 8 9 10 Il 1 L 13 14 15 16 17 18 19 20 21 22 23 24 7 ORIGINAL KENDALL H. MACVEY, Bar No. 057676 MARK A. EASTER, Bar No. 143435 MONA M. NEMAT, Bar No. 234050 Best Best & Krieger LLP 3390 University Avenue, 5th Floor P.O. Box 1028 Riverside, California 92502 Telephone: (951) 686-1450 Facsimile: (951) 686-3083 PAMELA J. WALLS, Bar No. 123446 COUNTY COUNSEL ANNA W. WANG, Bar No. 225085 AWWang@co.rivcrsidc.ca.us DEPUTY COUNTY COUNSEL 3960 Orange Street, Suite 500 Riverside, CA 92501 Telephone: (951) 955-6300 Facsimile. (951) 955-6363 Attorneys for Plaintiff COUNTY OF RIVERSIDE SUP *! ct4xrior Ccul t �at� �teca+ved: Exempt from Recording Fees, Pursuant to Government Code section 27383 IF d COUNTY OF RI V ERSI, U Plaintiff, t V. HINDI -MEC.. A IFDIA CORDO DOES ALL AN 1 T 60580.0000317896130.1 [PROPOSEDI FINA ;AND CLAIMING OPERTY, Case No. RIC 1216524 ON D � RN � 4 OD Na tlu W [P,CD] FINAL ORDER OF CONDEMNATION AS TO PORTIONS OF ASSESSOR PARCEL N0. 172-390-045 [PROJECT PARCEL NOS. 0784-014A AND 0784-014B] Judge: Commissioner Paulette D. Barkley Dept.. 01 [Filed concurrently with: 1. Stipulation for Judgment in Condemnation; 2. [Proposed] Judgment in Condemnation; 3. Application for Withdrawal of Funds; and 4. [Proposed] Order to Disburse Funds.] Complaint Filed: November7, 2012 Trial Date: None Set FR OF CONDEMNATION A5 TO PORTIONS OF APN 172-390-045 IP PARCEL. NOS, 0784-014A AND 0784-014B] I Judgment having been entered in the above -entitled action, and it appearing to the 2 satisfaction of the Court that Plaintiff County of Riverside ("County"), pursuant to said Judgment, 3 has paid to Defendant Hindi -Mex, Inc., a California corporation ("Hindi -Mex"), total sum 4 awarded by the Court as just compensation, for all claims and demands against the my on 5 account of the taking of the permanent road and temporary construction easem re sin 6 portions of that certain real property located in an unincorporated are f Riv 1 e Co 7 California, described in the County's Complaint affecting Assessor o -390-045 8 (Project Parcel Nos. 0784-014A and 0784-014B), more part' y s i i xhibit "A," 9 attached hereto and incorporated herein. 10 NOW, THEREFORE, IT IS HEREBY ERED, D AND DECREED that Ja11 the Property described in Exhibit "A" attache h eto is cond ed to the County as against In J N o W W © 12 llindi-Mex as follows: Permanent road and temp tion easement interests in portions V�z0s Q o 2 13 of that certain real property identiiie ssessor Parcel No. 172-390-045 (Project Parcel Nos. S'c 14 0784-014A and 0784-014B. In addition, t my shall have, for a period of twenty-four (24) LJZ n 15 months commencing on August 1 13 ose temporary construction easement 16 ("TCE") for construct! oi4�q ed i i es, ' luding but not limited to access, parking, and 17 staging/stockpiling ore a al on the remaining land area of Assessor Parcel No. 18 172-390-045 (the "Par '), exe th the County shall not have any rights to access any 19 building or' o ne r I the County have any obligation to maintain or demolish any 24 buildin r ve n the Parcel, and the County shall have the right to extend the all 21 purpos or ix months, at a cost of One `thousand Five -Hundred and 00/100 22 Dollars ) per month. 23 U -HER ORDERED, ADJUDGED AND DECREED that the Property is 24 co ned f r construction to remove the existing Magnolia Avenue/BNSF at -grade crossing, csfruct a new four -lane overhead bridge over the existing BNSF tracks between 500 feet west o incoIn Street, to approximately 550 feet east of Buchanan Street in the community of 4r e Gardens, in an unincorporated area of Riverside County, California (the "Project"), and for such other uses as are permitted by Section 25350.5 of the California Government Code; Section 60580.0006317896130.1 - 1 - [PROPOSED] FINAL ORDER OF CONDEMNATION AS TO PORTIONS OF PARCEL NOS. 0784-014A AND 0784-014B1 72-390-045 [PROJECT 0 1 2 3 4 5 6 7 8 9 d 10 r 8 0 11 N 12 OWWO_ N k: 13 3s�Qo 14 S I 15 Ir 16 17 18 19 20 21 22 23 24 760 of the Streets and Highways Code; and Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.410, 1240.510 and 1240.610 of the California Code of Civil Procedure, which is a public use authorized by law, and the taking of the Property is necessary r id use and purpose. IT 1S FURTHER ORDERED, ADJUDGED AND DEC a upon re ing a certified copy of the Final Order of Condemnation in the Offie o he Rec r er of verside County, Califomia, all interests of Hindi -Mex in and to th o and described in Exhibit "A" are hereby subject to the permanent road d tempor cons tion easements condemned, along with the all purpose TCE deco rein. �1 60580.000030896130.1 -2- [PROPOSED] Z_ [PROPOSED] FINAL ORDER OF CONDEMNATION AS To PORTIONS OF APN 172-390-045 [PROJECT PARCEL NOS. 0784-014A AND 0784-014B] Leapt Definiiionj of Rights robe Acquired The following is a list of definitions of legal rights to be acquired byte County of Riverside: "Permanent Roadway Easement" refers to a non-exclusive pe a rpetual easement and right of way in favor of the County, and to its successors, asst ter described together with the right to forever construct, maintain, implocate, ect, occupy, and use for the construction and maintenance of streets a ndergr� line wer poles. public utilities, and other public uses, as determined necess the nty, together with all necessary rights incidental thereto, on, over, under, and a t in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or 3e 't be ere t or constructed, any building, structure or improvement on, over, or u e po n ement. or plant trees or any other vegetation on nny portion of the a ent excep a prior written consent of the County, its successors and assigns. The County shall have the right to tri or cle ay any trees, brush. or other vegetation from time to time as determined in its a t' , without payment of additional compensation. No other easements shall be n, under or over the easement without the prior written consent of the County, its sucte sors signs. Property Owner shall not e, i indirectly or negligently. any interference with or harm to the rights coned he d "Temporary C tie meat" or '"TCE" refers to the right of the County, its successors. and ass o enga a 'n construction and related activities related to the grade separation pro' tog with a ecessary rights of ingress and egress to the non- exclusive easement c�tt exercise of any of the easement rights described herein. E 1 nce after the owner is provided 30 calendar days advanced written notice y t f th aunty's intent to utilize the TCE area The use of the TCE area shall no c Z y owever, the cert of the TCE may be extended month to month, for a period o o ix ad ' onal months, at the County's sole discretion, upon payment by the Count e y Owner of the monthly value of the TCE identified in the County's appy s u as the basis of the offer probable compensation. The 0 r shall not erect or construct, or permit to be erected or constructed, any it re or improvement on, over or under any portion of the easement, not shall ers plant any tree or trees or plant any other vegetation or flora on any portion of the c nt except at the written consent of the County, its successors and assigns. 16117.1 EXHIBIT A, PAGE 1 r� No other easement or easements shall be granted on, tinder, or over this easement without obtaining the prior written consent of the County, its successurs and assigns. The County shall be entitled to trim, cut, or clear away any trees. brush, or other vegetation or flora From time to time as plaintiff determines in its sole diS�n without payment of any additional compensation to property owners. Property Owner shall not cause, directly, indirectly or negligently, or harm to the rights conveyed hereunder. with f eXHISIT "A" MAGNOLIA AVENUE (GRADE SEPARATION) _ LEGAL DESCRIPTION EASElVa OTH-014A BEING A PORTION OF PARCE4 2 AS SHOWN ON PARCEL MAP 23359, ON FILE IN BOOK 1 3, AGES 53 THROUGH 55, sNCLUSIVE, RECORDS OF THE RECORDER OF RIVERSIDE COUNTY. CALIFORNU. L W IMN RANCHO EL SOBRANTE OE SAN JACINTO, DESCRIBED AS FOLLOW$: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF MAGNOLIA A NORTHWESTERLY HALF -MOTH) AS DESCRIBED BY DEED REC0RDE0 FEEMARY 546 AND 549, OFFICIAL RECORDS OF THE RECORDER OF SAN BERNARDINO COI CENTERLINE OF LINCOLN AVENUE AS SHOWN ON SAID PARCEL MAP 23359•, THENCE N 33'38'46' W ALONG THE N0RTIRWESTERLY PROLONGATION OF TERL OF LINCOLN AVENUE, A INSTANCE OF 66.00 FEET TO IT'S INTERSECTION WITH THE GHT-OF.WAY LINE OF SAID MAGNOLIA AVENUE; THENCE H 56'IF1 V EALCIN4G SAID NORTHWESTERLY RIGHT -OF -WA TWF_A DI CEO .88 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2, SAID CORNER N THE TR P0INT0F 13EGINNIMG; THENCE N 3736'48' W ALONG THE SOUTHWESTERLY 10 PA L TANCE OF 4.50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12. F 6T NORTH F, AS MEASUREfl AT RIGHT ANGLES TO. S/VO CENTERLINE OF MAGNOLIA AVEN THENCE N 56nr1 Y E AL0NG SAID PARALLEL LINE, O TANCE OF 69 5 FEET; THENCE S 33'37'49' E. A DISTANCE OF 4 50 FENT T A FEET NORTHWESTERLY OF. AS MEASUREDATRIGH TANGLES TO, SAID CF-NTERL04EOF VENUE; THENCE N 5IN"OTO5' E. A DISTANCE OF ET TO A POINT ON SAID NORTHWESTERLY RIGHT-OF-WAY UNE OF SAID MAGNOLIA AVENUE; THENCE S 56'2x11' W ALONG SAID NORT ES L IGHT-OF-WAY UNE, A DISTANCE OF 1SS.12 FEET TO THE TRUE POINT OF BEGIN14ING C0NTANNINM 646 SQUARE FEET, 0 15 E 0R LESS. THE BEARINGS AND DISI E VE DESCRIPTION ARE BASED, ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 8. (STANCES SHOWN BY 1.000027271 T008TAINGROUND DISTANCE, REFERENC E IS HEREBY N6 RFV 1 COUNTY MAP NUMBER 955 -NM, ON FILE IN THE OFFICE OF rHE COUNTY SURVEYOR OF RSIoEl bU CAI_IMPNIA 2 m/ ATTACHED EXHIBIT -S- PAGE 1 OF 1 EXHIBIT IL, PAGE 3 /\1 Rri PER 90OX "R" PG 548, EXHURT "B" OF DEEDS, SEC. Miti!77 SAH BERNARDINO CD. Z�SRW VACATED PER 800m 386 PGS 2.19-250 REC 11/26/1913 d 4UiTCLAIIIE0 TO FAC. ELEC. RT. CO. REC.I I of/1913. IN 8OOr1 795 PGS. 232.239, OF DEEDS 21M N0. 6, RW PER DCOK 395 HEGS C. 353 225, OF DEEDS, 1 it Y g Ln Q' 1'r7ry L J L �o J 1 (] N 33'3 T N 55'ZZ' Q DATA 9.59' 69" E Sa' 15" E 11" Y1 I � I b*17 ioln w 0 AKA -�3� LINCOLN AVE 4 161 5 FT.0.N 036'4G'rr2'390045 P.O.C. OISIAKES SHORN ARE GRID MIANCES. GRUMO DISTANCES MAY AGE OBTAINED BY JALL hULTIPLYInG THE GRIO 0151. BY A COMBINATION FACTOR OF 1.000027271. COUM OP RIVERSID9 TIANISPORTATION DEPT, SURVEY DR. PAR. NO -3 0784.014A PROJECT: U4rvVOL2 AVE(QFVMSEPARA }" PREPARED 9Y: DGO IIII% PLAT IS in all IN lochl1w, 11R llwmc{SI aEMANKO IN IN( ✓'I[CICINC SCAL(: N. T. S. oocuErl. qs aglmMl LOLLS UK IMAI(o IN IIIE ARI1IEr oEscnlrrp■ GATE: FE�D4RY, 2012 aPPROVEO 8n DATE: Z%xo R.o. ryo.: er-U78a SHEET 1 OF 1 SHEET EXHIOIT k PAGEI 4 TG EXHISfT "A" lPCR,IR'y r`ONs'< R t''+� U �� i?Ozl RIP MAGNOLIA AVENUE (GRADE SEPARATION) C, _ y LEGAL DESCTION i`A96VENT 07844148 AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES, BEING A POR7ION OF PARCE S SHOWN ON PARCEL MAP 23369, ON FILE IN BOOK 153, PAGES 63 THROUGH 55, INCLUSIVE. RECORDSOF ORDER OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN RANCHO EL SOBRANTE OE SAN J INTO, RIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF K NORTI4W ESTERLY HALF -WIDTH) AS OESCRISEO BY DEED RECORDED FEBRL AND 549, OFFICIAL RECORDS OF THE RECORDER OF SAN BERNARDINO CENTERLINE OF LINCOLN AVENUE AS SHOWN ON SAID PARCEL MAP 73359 THENCE N 33'38'46' W ALONG THE NORTHWESTERLY PROLONGATION AVENUE, A GI STANCE OF 80.00 FEET TO ITS INTERSECTION WITH TH LINE OF SAID MAGNOLIA AVENUE; THENCE N 58'2711' E ALONG SAID NORTHWE=RLY RIGH wQF-W1 DISTANCE OF 408.86 FEET TO THE MOST SOUTHERLY PIER*bF THENCE N 33'3E'48' W ALONG THE SOUTHWESTEROF SAID THIS TRUE POINT OF 13EGINNMO: THENCE N 33.38'48' W CONTINUING ALONG 5AID STERLY POINT ON A UNE PARALLEL WITH AND DISTANT 81, NORM ANGLES TO, SAID CENTERLINE OF MAGNOLIA AVEMNUE: OF N R. P548 RNIA, THE OF LINCOLN IGHT-OF • WAY OLIA AVENUE, A DISTANCE. OF 8.50 FEET TO A DISTANCE OF 9.50 FEET TO A :RLY OF, AS MEASURED AT RIGHT THENCE N 38',12'11' E ALONG SAID P L LINE, A OISTAN ICE OF 449.2s FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2: THENCE N S7'S9 W E ALONG SAID NORTkr Rt OF PARCEL 2, A DISTANCE OF 73.OS FEET TO THE NORTHEASTERLY CORKER THEREOF, T SAID NORTHWESTERLY RK3HT-OF-WAY LINE OF MAGNOLIA AVENUE: THENCE 3 58'2Y1 V W ALOW MD RL IGHT-OF-WY LINE, A OISTANCE OF 387.88 FEET; THENCE S W OT06' W. A OTS E FE O A POINT 83.00 FEET NORTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES D E OF MAGNOLIA AVE; THENCE N 33'3T49" W, AE FEET TO A POINT ON A LINE PARALLEL VWTH AMD DISTANT T150 FEET NORTHWESTERLY 7 RIGHT ANGLES TO, SAID CENTERUNE OF MAGNOLIA AVE; THENCE S 36 1' W 0 SAID LLEL LINE, A DISTANCE OF 89.59 FEET TO THE TRUE POINT OF BEGINNING U CONTAI E R 0.152 ACRES. MORE OR LESS. THE OI 9 USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA C D_ OF 1 , ZONE S. MULTIPLY DISTANCES SHOWN Bi 1.000027271 TO OBTAIN GROUND TRADE TO RIVERSIDE COUNTY MAP NUMBER 95&M, ON FILE IN THE OFFICE OF TM RIVERSIDE COUNTY, CAUFORNM. SEE ATTACHED EXHISIT'W PAGE 1 OF 1 OXHIB1T A, PAON 5 IA RMI PER 80OK "R' PG 548, EXHIBIT ,B,, OF DEEDS,REC. 2/8/1811 SAN BERNARDINO CO. 0 Rw VACATED PEA 80OK 386 PCS I 2 249-250 REC 11/26/1913 & OUI7CLA{11ED TO PAC. ELM RY, f CO. REC.II/5/1913, IN 800K 365 PCS. 232-239, OF DEEDS A PCL 140. 6, AN PER BOOK 385 0 PGS 393-3SS, OF DEEDS, AEC. 11/22/1913 INE Det � J N • '46" v 5.00' •�' �w ;% N 56 't I- E - 406.86' v 6.50' AFM 172-390-045 PARC£i � �. '� y`f •36.46• x - e.so' 4784-4148 5 5 Or w - 55.56' z H 33°37'44" we - 4.50' 6,64$ SOFT. = i S 56'22'11" w - 89.59' 0.1 52 AC. H 411 , N N i� T ./1 C� S • �+ Ln 81 • iy A Y <a a r- � 72. 1 . i 1 50' 41 • . LINCOLN AVE 3 36'4G' It P.O.C. ALL DISTANCES SHon ARE -01D DISTANCES. GRotm 815T,u10ES MAY 8E 06TAINED BY - �S F,IAJLTIPLYING THE GRID DIST; BY A COIBIMATION _ FACTOR OF 1.DOCD272.71. FIo. : MUM OF MPSI E TUNWOR ATKM DWr.SUIVL?y DIV. PAR. ND.: 0784-014B P. I - I Z -g PRO4 CT$ MAGNCL IA AVE(GRADE SEPARAT ION )PREPAREO BY: DGO "I pul a m all m Local" IK FUULIM mupsf it n[ MtCTA1K SCALE: N.T.S. can". ALL FAIN I CALLS .N LOCA110 14 T,4 MjIItW OtUftt711p►. DATE= JANUARY, 201? W 0. NO.: 87-0184 APPROVED BY: WE: / ?v 1r-- SHEE1 i OF I SHEET EXHI81T A, PAGE s 4