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*Exempt Per Govt Code $6103*
JEANNE E. SCHERER, Chief Counsel
JERALD M. MONTOYA, Deputy Chief Counsel
[LD
LISA A. BRAHAM, Assistant Chief Counsel APR { 8 2017
STEVEN J. DADAIAN, Assistant Chief Counsel
ERICK L. SOLARES, Assistant Chief Counsel FRESNO COUNTY SUPERIOR COURT
CHRISTOPHER HIDDLESON, Assistant Chief Counsel By Ol EPUTY
100 South Main Street, Suite 1300 RECEIVED VIA EFILE
Los Angeles, California 90012-3702
Telephone: (213) 687-6000 4111/2017
FRESNO COUNTY SUPERIOR COURT
Facsimile: (213) 687-8300
By: C Prendergast, Deputy
WILLIAM T. KAMIZOLAS, Deputy Attorney, Bar Number 164291
CHRISTINE A. SAHAKIAN, Deputy Attorney, Bar Number 301 199
Attomeys for Plaintiff
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF FRESNO
12 THE STATE OF CALIFORNIA, acting by Case No.: 1SCECG01554
and through the State Public Works Board,
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Parcels: MF-10-0087-
14 Plaintiff, MF-10-0087-2.
MF-10-0087-3.
15 -vs- MF-10-0255-
16 MF-10-0255-2, and
DERREL’S MINI STORAGE, L.P., a MF-10-0255-3
17 California limited partnership; DERREL’S
18 MINI STORAGE, LTD., a California
general partnership; FIDELITY
Mes
19 NATIONAL TITLE COMPANY: ORDER ON WRIT OF POSSESSION
20 CALRICA LIFE INSURANCE
COMPANY, a Canadian corporation:
21 DOES ONE through FIFTY, inclusive, Date: April 11, 2017
22 Time 3:30 p.m.
Defendants. Dept. 501
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25 TO ALL PARTIES, THEIR ATTORNEYS OF RECORD, THE FRESNO
26 COUNTY SHERIFF’S OFFICE, AND THE COUNTY OF FRESNO:
27 1 After carefully examining and considering the papers on file in this
28 proceeding, including all papers in support and opposition to this application for Writ of
1
ORDER ON WRIT OF POSSESSION
~
Possession, hearing oral argument, and the court being fully advised in this matter, and
GOOD CAUSE AND URGENT CIRCUMSTANCES APPEARING THEREFOR,
2. IT IS ORDERED that a Writ of Possession issue to the Sheriff of the County
of Fresno, State of California, and to the plaintiff The State of California, acting by and
through the State Public Works Board, to put plaintiff The State of California, acting by
and through the State Public Works Board in possession of the real property, and all
improvements located thereon, described in plaintiff's complaint in eminent domain as
Parcels MF-10-0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, MF-10-0255-2,
and MF-10-0255-3, (more fully described below and in the complaint in eminent domain
10 on file in this proceeding) with said Parcels located at 4783 N. Golden State Boulevard,
11 Fresno, California and described as follows:
12
MF-10-0087-1 (FEE)
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14 For rail purposes, that portion of Parcel A of Parcel Map No. 2354,
situated in the City of Fresno, County of Fresno, State of California,
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according to the map thereof recorded in Book 17 of Parcel Maps, at
16 Page 51, Fresno County Records, lying in Section 14, Township 13
South, Range 19 East, Mount Diablo Meridian, said portion described as
17 follows:
18
COMMENCING at a 3.5 inch Fresno County Brass Disk in hand
19 well marking the northwest comer of said Section 14, per Comer
20 Record No. 6121 on file with the Fresno County Surveyor's Office;
thence along the north line of said Section 14, South 89°37'17" East,
21 781.28 feet to the beginning of a non-tangent curve, concave
southwesterly, to which point a radial line bears North 45°44'17" East;
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thence southeasterly along said curve having a radius of 27958.25
23 feet, through a central angle of 01°11'23", an arc length of 580.57
feet; thence along a non- tangent line, South 43°02' 16" East, 17.61
24 feet to the northerly line of said Parcel A and being the POINT OF
25 BEGINNING; thence along said northerly line, South 89°37'17" East,
16.88 feet to the northeasterly comer of said Parcel A, said comer
26 also being on the southwesterly right of way line of North Golden
27 State Boulevard (90 feet wide); thence along the northeasterly line of
said Parcel A, South 41°01'56" East, 267.34 feet to the westerly line of
28 Parcel B as described in Application For tot Line Adjustment No.
2
ORDER ON WRIT OF POSSESSION
2010-13 recorded October 5, 2011 as Document No. 2011-0133784,
Fresno County Records; thence along said westerly line, South
00°03'45" West, 15.15 feet; thence leaving said westerly line, North
41°01'53" West, 212.68 feet; thence North 43°02'16" West, 77.29 feet
to the POINT OF BEGINNING.
Lands abutting said rail shall have no right or easement of access thereto.
MEF-10-0087-2 (FEE)
For rail purposes, that portion of Parcel A of Parcel Map No. 2354,
situated in the City of Fresno, County of Fresno, State of California,
according to the map thereof recorded in Book 17 of Parcel Maps, at
10 Page 51, Fresno County Records, lying in Section 14, Township 13
South, Range 19 East, Mount Diablo Meridian, said portion described
11 as follows:
12
COMMENCING at a 3.5 inch Fresno County Brass Disk in hand
13 well marking the northwest comer of said Section 14, per Comer
14 Record No. 6121 on file with the Fresno County Surveyor's Office;
thence along the north line of said Section 14, South 89°37'17" East,
15 781.28 feet to the beginning of a non-tangent curve, concave
16 southwesterly, to which point a radial line bears North 45°44' 17" East;
thence southeasterly along said curve having a radius of 27958.25
17 feet, through a central angle of 01°11'23", an arc length of 580.57
feet; thence along a non- tangent line, South 43°02' 16" East, 17.61
18
feet to the northerly line of said Parcel A and being the POINT OF
19 BEGINNING; thence continuing along last said course, South
43°02'16" East, 77.29 feet; thence South 41°01 '53" East, 212.68 feet to
20 the westerly line of Parcel B as described in Application For Lot Line
21 Adjustment No. 2010-13 recorded October 5, 2011 as Document No.
2011-0133784, Fresno County Records; thence along said westerly
22 line, South 00°03'45" West, 151.00 feet; thence leaving said westerly
23 line, North 41°04'20" West, 347.82 feet to the beginning of a tangent
curve, concave southwesterly; thence along said curve having a radius
24 of 4953.00 feet, through a central angle of 01°39'24", an arc length
of 143.21 feet to aforesaid northerly line of Parcel A; thence along
25
said northerly line, South 89°37' 17" East, 131.96 feet to the POINT OF
26 BEGINNING.
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ORDER ON) wile OF POSSESSION
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— ~ 2
MEF-10-0087-3 (TCE
A temporary easement for construction purposes, that portion of
Parcel A of Parcel Map No. 2354, situated in the City of Fresno,
County of Fresno, State of California, according to the map thereof
recorded in Book 17 of Parcel Maps, at Page 51, Fresno County
Records, lying in Section 14, Township 13 South, Range 19 East,
Mount Diablo Meridian, said portion described as follows:
COMMENCING at a 3.5 inch Fresno County Brass Disk in hand
well marking the northwest comer of said Section 14, per Comer
Record No. 6121 on file with the Fresno County Surveyor's Office;
thence along the north line of said Section 14, South 89°37'17" East,
781.28 feet to the beginning of a non-tangent curve, concave
10 southwesterly, to which point a radial line bears North 45°44' 17" East;
thence southeasterly along said curve having a radius of 27958.25
11 feet, through a central angle of 01°11'23", an arc length of 580.57
12 feet; thence along a non- tangent line, South 43°02' 16" East, 17.61
feet to the northerly line of said Parcel A; thence continuing South
13 43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East,
14 212.68 feet to the westerly line of Parcel B as described in
Application For Lot Line Adjustment No. 2010-13 recorded October
15 5, 2011 as Document No. 2011-0133784, Fresno County Records;
16 thence along said westerly line, South 00°03'45" West, 151.00
feet to the POINT OF BEGINNING; thence continuing along said
17 westerly line, South 00°03'45" West, 30.40 feet; thence leaving said
westerly line, North 41°04'20" West, 113.06 feet; thence North
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48°55'40" East, 20.00 feet; thence South 41°04'20" East, 90.16 feet to
19 the POINT OF BEGINNING.
20 This easement shall become null and void and the rights to the
21 above described temporary easement shall cease and terminate on
March 12,2020. Such rights may also be terminated prior to the above
22 date by STATE upon notice to OWNER.
23
24 MF-10-0255-1 (FEE)
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For rail purposes, that portion of Parcel A of Parcel Map No. 2354,
26 situated in the City of Fresno, County of Fresno, State of California,
according to the map thereof recorded in Book 17 of Parcel Maps,
27 at Page 51, Fresno County Records, lying in Section 14, Township
28
ORDER ON WRIT OF POSSESSION
13 South, Range 19 East, Mount Diablo Meridian, said portion
described as follows:
COMMENCING at a 3.5 inch Fresno County Brass Disk in hand
well marking the northwest comer of said Section 14, per Comer
Record No. 6121 on file with the Fresno County Surveyor's Office;
thence along the north line of said Section 14, South 89°37'17" East,
781.28 feet to the beginning of a non-tangent curve, concave
southwesterly, to which point a radial line bears North 45°44' 17" East;
thence southeasterly along said curve having a radius of 27958.25
feet, through a central angle of 01°11'23", an arc length of 580.57
feet; thence along a non- tangent line, South 43°02' 16" East, 17.61
feet to the northerly line of said Parcel A; thence continuing South
43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East,
10 212.68 feet to the westerly line of Parcel B as described in
Application For Lot Line Adjustment No. 2010-13 recorded October
ll 5, 2011 as Document No. 2011-0133784, Fresno County Records and
12 being the POINT OF BEGINNING; thence along said westerly
line, North 00°03'45" East, 15.15 feet to the northeasterly line of said
13 Parcel A, also being the southwesterly right of way line of North
14 Golden State Boulevard (90 feet wide); thence along said northeasterly
line, South 41°01'56" East, 309.04 feet to the southeasterly comer of
15 said Parcel A; thence along the southerly line of said Parcel A, North
16 89°38'27" West, 13.28 feet; thence leaving said southerly line, North
41°01 '53" West, 288.84 feet to the POINT OF BEGINNING.
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Lands abutting said rail shall have no right or easement of access thereto.
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19
MF-10-0255-2 (FEE)
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21 For rail purposes, that portion of Parcel A of Parcel Map No. 2354,
situated in the City of Fresno, County of Fresno, State of California,
22 according to the map thereof recorded in Book 17 of Parcel Maps, at
23 Page 51, Fresno County Records, lying in Section 14, Township 13
South, Range 19 East, Mount Diablo Meridian, said portion described as
24 follows:
25
COMMENCING at a 3.5 inch Fresno County Brass Disk in hand
26 well marking the northwest comer of said Section 14, per Comer
Record No. 6121 on file with the Fresno County Surveyor's Office;
27 thence along the north line of said Section 14, South 89°37'17" East,
28 781.28 feet to the beginning of a non-tangent curve, concave
5
ORDER ON WRIT OF POSSESSION
southwesterly, to which point a radial line bears North 45°44'17" East;
thence southeasterly along said curve having a radius of 27958.25
feet, through a central angle of 01°11'23", an are length of 580.57
feet; thence along a non- tangent line, South 43°02'16" East, 17.61
feet to the northerly line of said Parcel A; thence continuing South
43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East,
212.68 feet to the westerly line of Parcel B as described in
Application For Lot Line Adjustment No. 2010-13 recorded October
5, 2011 as Document No. 2011-0133784, Fresno County Records and
being the POINT OF BEGINNING; thence continuing along last said
course, South 41°01'53" East, 288.84 feet to the southerly line of said
Parcel A; thence along the southerly line, North 89°38'27" West,
132.21 feet; thence leaving said southerly line, North 41°04'20"
West, 87.62 feet to aforesaid westerly line of Parcel B; thence along
10 said westerly line, North 00°03'45" East, 151.00 feet to the POINT OF
BEGINNING.
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12
MF-10-0255-3 (TCE)
13
14 A temporary easement for construction purposes, that portion of
Parcel A of Parcel Map No. 2354, situated in the City of Fresno,
15 County of Fresno, State of California, according to the map thereof
16 recorded in Book 17 of Parcel Maps, at Page 51, Fresno County
Records, lying in Section 14, Township 13 South, Range 19 East,
17 Mount Diablo Meridian, said portion described as follows:
18
COMMENCING at a 3.5 inch Fresno County Brass Disk in hand
19 well marking the northwest comer of said Section 14, per Comer
Record No. 6121 on file with the Fresno County Surveyor's Office;
20 thence along the north line of said Section 14, South 89°37'17" East,
21 781.28 feet to the beginning of a non-tangent curve, concave
southwesterly, to which point a radial line bears North 45°44' 17" East;
22 thence southeasterly along said curve having a radius of 27958.25
23 feet, through a central angle of 01°11'23", an arc length of 580.57
feet; thence along a non- tangent line, South 43°02' 16" East, 17.61
24 feet to the northerly line of said Parcel A; thence continuing South
43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East,
25
212.68 feet to the westerly line of Parcel B as described in
26 Application For Lot Line Adjustment No. 2010-13 recorded October
5, 2011 as Document No. 2011-0133784, Fresno County Records;
27 thence along said westerly line, South 00°03'45" West, 151.00 feet to
28 the POINT OF BEGINNING; thence leaving said westerly line,
ORDER ON WRIT OF POSSESSION
South 41°04'20" East, 87.62 feet to the southerly line of said Parcel A;
thence along said southerly line, North 89°38'27" West, 26.68 feet;
thence leaving said southerly line, North 41°04'20" West, 47.07 feet to
aforesaid westerly line of Parcel B; thence along said westerly line,
North 00°03'45" East, 30.40 feet to the POINT OF BEGINNING.
This easement shall become null and void and the rights to the
above described temporary easement shall cease and terminate on
March 12, 2020. Such rights may also be terminated prior to the above
date by STATE upon notice to OWNER.
Bearings and distances are based on the California Coordinate System
of 1983, Zone 4, as shown on Record of Survey, Book 58, Pages 71-72,
Fresno County Records. Distances are U.S. Survey Feet. Multiply grid
10 distances shown hereinabove by 1.00006895 to obtain ground level
distances.
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3 FURTHERMORE, IT IS ORDERED that the SHERIFF OF THE COUNTY
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OF FRESNO, is to IMMEDIATELY maintain and defend the plaintiff The State of
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California, acting by and through the State Public Works Board, in possession of Parcels
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MF-10-0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, MF-10-0255-2, and MF-
17
10-0255-3 (“Parcels”), with said Parcels located at 4783 N. Golden State Boulevard,
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Fresno, California, from time to time, and after receiving this WRIT OF POSSESSION to
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IMMEDIATELY go to and enter upon the real property described as Parcels MF-10-
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0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, MF-10-0255-2, and MF-10-0255-
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3, to eject and remove DERREL’S MINI STORAGE, L.P., a California limited
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partnership, DERREL’S MINI STORAGE, LTD, a California general partnership, and
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DERREL’S MINI STORAGE, INC., the parties currently occupying and in possession, as
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well as any and all other persons, obstacles, improvements or structures of every kind and
25
nature situated on Parcels MF-10-0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1,
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MF-10-0255-2, and MF-10-0255-3, and to put plaintiff The State of California, acting by
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and through the State Public Works Board in rightful possession of said Parcels pursuant
28
ORDER ON WaT OF POSSESSION
to the Court’s order, and keep the plaintiff in possession of these Parcels from time to
time, and maintain, keep and defend, or cause to be maintained, kept and defended, the
plaintiff in possession according to the intent of the.order of this court.
DATED: Apel [¥, 72)7 JUS,
JUDGE OF THE SUPERIOR COURT
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ORDER ON WRIT OF POSSESSION
DECLARATION OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the
age of eighteen years and not a party to the within action.. My business address is 100
South Main Street, Suite 1300, Los Angeles, California 90012-3702.
On April 11, 2017, I served (a) true copy(ies) of the following document(s),
[PROPOSED] ORDER ON WRIT OF POSSESSION, on the interested party(ies) to the
said action:
[SEE ATTACHED SERVICE LIST]
By the following means:
10
il
O By Mail: I am readily familiar with this office’s practice of collection and
processing correspondence and legal documents for mailing. Under that
12 practice it would be deposited with U.S. Postal Service on that same day in a
sealed envelope with postage thereon fully prepaid at Los Angeles, in the
13 ordinary course of business.
5SZVI| By Personal Service: By causing a true copy thereof, enclosed in a sealed
14
envelope, to be delivered by hand to the addressee(s) shown.
15 By Overnight Courier Service: I caused such envelope(s) to be delivered
via overnight courier service to the addressee(s) designated.
16
By Facsimile: By transmitting a true copy(ies) thereof by facsimile
17 transmission from facsimile number (213) 687-8300 to the interested
party(ies) to said action at the facsimile number(s) shown.
18 DSAI
VI| By Email: By transmitting a true copy thereof by e-mail transmission from
19 joanne.kyles@dot.ca.gov, of the Legal Division, Department of
Transportation, State of California, Los Angeles, California to the party(ies)
20 to said action indicated.
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22 I declare under penalty of perjury that the foregoing is true and correct. Executed
23 on April 11, 2017 at Los Angeles, California.
24 \a
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Joarin ek
26 \ larant
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ORDER ON war OF POSSESSION
mo
re
SERVICE LIST
By: Personal Delivery, Fax and Email
Mr. C, William Brewer Attorney for Defendant(s),
Mr. Wesley Hansen DERREL’S MINI STORAGE, L.P., a
Motschiedler, Michaelides, Wishon, California limited partnership;
Brewer & Ryan LLP DERREL’S MINI STORAGE, INC.;
1690 West Shaw Ave., Suite 200 DERREL’S MINI STORAGE, LTD.
Fresno, CA 93711
cwb@mmwbr.com
wbh@mmwbr.com
Facsimile: (559) 439-5654
10 By: Email
Mr. Stephen L. Backus Attorneys for Defendant,
ll Backus & Ernst, LLP SUN LIFE ASSURANCE COMPANY
12 444 South Flower Street, Suite 2160 OF CANADA
Los Angeles, CA 90071
13 sbackus@belawca.com
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15 By: Email
Ms. Marlene Allen-Hammarlund Attorneys for Defendant,
16 Mr. Michael Davis Lamar Central Outdoor, LLC, a
17 Gresham Savage Nolan & Tilden, PC Delaware LLC
550 East Hospitality Lane, Suite 300
18 San Bernardino, CA 92408
19 marlene.allen@greshamsavage.com
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ORDER ON WRITOF POSSESSION
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- *Exempt Per Govt Code $6103* JEANNE E. SCHERER, Chief Counsel JERALD M. MONTOYA, Deputy Chief Counsel [LD LISA A. BRAHAM, Assistant Chief Counsel APR { 8 2017 STEVEN J. DADAIAN, Assistant Chief Counsel ERICK L. SOLARES, Assistant Chief Counsel FRESNO COUNTY SUPERIOR COURT CHRISTOPHER HIDDLESON, Assistant Chief Counsel By Ol EPUTY 100 South Main Street, Suite 1300 RECEIVED VIA EFILE Los Angeles, California 90012-3702 Telephone: (213) 687-6000 4111/2017 FRESNO COUNTY SUPERIOR COURT Facsimile: (213) 687-8300 By: C Prendergast, Deputy WILLIAM T. KAMIZOLAS, Deputy Attorney, Bar Number 164291 CHRISTINE A. SAHAKIAN, Deputy Attorney, Bar Number 301 199 Attomeys for Plaintiff 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF FRESNO 12 THE STATE OF CALIFORNIA, acting by Case No.: 1SCECG01554 and through the State Public Works Board, 13 Parcels: MF-10-0087- 14 Plaintiff, MF-10-0087-2. MF-10-0087-3. 15 -vs- MF-10-0255- 16 MF-10-0255-2, and DERREL’S MINI STORAGE, L.P., a MF-10-0255-3 17 California limited partnership; DERREL’S 18 MINI STORAGE, LTD., a California general partnership; FIDELITY Mes 19 NATIONAL TITLE COMPANY: ORDER ON WRIT OF POSSESSION 20 CALRICA LIFE INSURANCE COMPANY, a Canadian corporation: 21 DOES ONE through FIFTY, inclusive, Date: April 11, 2017 22 Time 3:30 p.m. Defendants. Dept. 501 23 24 25 TO ALL PARTIES, THEIR ATTORNEYS OF RECORD, THE FRESNO 26 COUNTY SHERIFF’S OFFICE, AND THE COUNTY OF FRESNO: 27 1 After carefully examining and considering the papers on file in this 28 proceeding, including all papers in support and opposition to this application for Writ of 1 ORDER ON WRIT OF POSSESSION ~ Possession, hearing oral argument, and the court being fully advised in this matter, and GOOD CAUSE AND URGENT CIRCUMSTANCES APPEARING THEREFOR, 2. IT IS ORDERED that a Writ of Possession issue to the Sheriff of the County of Fresno, State of California, and to the plaintiff The State of California, acting by and through the State Public Works Board, to put plaintiff The State of California, acting by and through the State Public Works Board in possession of the real property, and all improvements located thereon, described in plaintiff's complaint in eminent domain as Parcels MF-10-0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, MF-10-0255-2, and MF-10-0255-3, (more fully described below and in the complaint in eminent domain 10 on file in this proceeding) with said Parcels located at 4783 N. Golden State Boulevard, 11 Fresno, California and described as follows: 12 MF-10-0087-1 (FEE) 13 14 For rail purposes, that portion of Parcel A of Parcel Map No. 2354, situated in the City of Fresno, County of Fresno, State of California, 15 according to the map thereof recorded in Book 17 of Parcel Maps, at 16 Page 51, Fresno County Records, lying in Section 14, Township 13 South, Range 19 East, Mount Diablo Meridian, said portion described as 17 follows: 18 COMMENCING at a 3.5 inch Fresno County Brass Disk in hand 19 well marking the northwest comer of said Section 14, per Comer 20 Record No. 6121 on file with the Fresno County Surveyor's Office; thence along the north line of said Section 14, South 89°37'17" East, 21 781.28 feet to the beginning of a non-tangent curve, concave southwesterly, to which point a radial line bears North 45°44'17" East; 22 thence southeasterly along said curve having a radius of 27958.25 23 feet, through a central angle of 01°11'23", an arc length of 580.57 feet; thence along a non- tangent line, South 43°02' 16" East, 17.61 24 feet to the northerly line of said Parcel A and being the POINT OF 25 BEGINNING; thence along said northerly line, South 89°37'17" East, 16.88 feet to the northeasterly comer of said Parcel A, said comer 26 also being on the southwesterly right of way line of North Golden 27 State Boulevard (90 feet wide); thence along the northeasterly line of said Parcel A, South 41°01'56" East, 267.34 feet to the westerly line of 28 Parcel B as described in Application For tot Line Adjustment No. 2 ORDER ON WRIT OF POSSESSION 2010-13 recorded October 5, 2011 as Document No. 2011-0133784, Fresno County Records; thence along said westerly line, South 00°03'45" West, 15.15 feet; thence leaving said westerly line, North 41°01'53" West, 212.68 feet; thence North 43°02'16" West, 77.29 feet to the POINT OF BEGINNING. Lands abutting said rail shall have no right or easement of access thereto. MEF-10-0087-2 (FEE) For rail purposes, that portion of Parcel A of Parcel Map No. 2354, situated in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 17 of Parcel Maps, at 10 Page 51, Fresno County Records, lying in Section 14, Township 13 South, Range 19 East, Mount Diablo Meridian, said portion described 11 as follows: 12 COMMENCING at a 3.5 inch Fresno County Brass Disk in hand 13 well marking the northwest comer of said Section 14, per Comer 14 Record No. 6121 on file with the Fresno County Surveyor's Office; thence along the north line of said Section 14, South 89°37'17" East, 15 781.28 feet to the beginning of a non-tangent curve, concave 16 southwesterly, to which point a radial line bears North 45°44' 17" East; thence southeasterly along said curve having a radius of 27958.25 17 feet, through a central angle of 01°11'23", an arc length of 580.57 feet; thence along a non- tangent line, South 43°02' 16" East, 17.61 18 feet to the northerly line of said Parcel A and being the POINT OF 19 BEGINNING; thence continuing along last said course, South 43°02'16" East, 77.29 feet; thence South 41°01 '53" East, 212.68 feet to 20 the westerly line of Parcel B as described in Application For Lot Line 21 Adjustment No. 2010-13 recorded October 5, 2011 as Document No. 2011-0133784, Fresno County Records; thence along said westerly 22 line, South 00°03'45" West, 151.00 feet; thence leaving said westerly 23 line, North 41°04'20" West, 347.82 feet to the beginning of a tangent curve, concave southwesterly; thence along said curve having a radius 24 of 4953.00 feet, through a central angle of 01°39'24", an arc length of 143.21 feet to aforesaid northerly line of Parcel A; thence along 25 said northerly line, South 89°37' 17" East, 131.96 feet to the POINT OF 26 BEGINNING. 27 28 ORDER ON) wile OF POSSESSION _ — ~ 2 MEF-10-0087-3 (TCE A temporary easement for construction purposes, that portion of Parcel A of Parcel Map No. 2354, situated in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 17 of Parcel Maps, at Page 51, Fresno County Records, lying in Section 14, Township 13 South, Range 19 East, Mount Diablo Meridian, said portion described as follows: COMMENCING at a 3.5 inch Fresno County Brass Disk in hand well marking the northwest comer of said Section 14, per Comer Record No. 6121 on file with the Fresno County Surveyor's Office; thence along the north line of said Section 14, South 89°37'17" East, 781.28 feet to the beginning of a non-tangent curve, concave 10 southwesterly, to which point a radial line bears North 45°44' 17" East; thence southeasterly along said curve having a radius of 27958.25 11 feet, through a central angle of 01°11'23", an arc length of 580.57 12 feet; thence along a non- tangent line, South 43°02' 16" East, 17.61 feet to the northerly line of said Parcel A; thence continuing South 13 43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East, 14 212.68 feet to the westerly line of Parcel B as described in Application For Lot Line Adjustment No. 2010-13 recorded October 15 5, 2011 as Document No. 2011-0133784, Fresno County Records; 16 thence along said westerly line, South 00°03'45" West, 151.00 feet to the POINT OF BEGINNING; thence continuing along said 17 westerly line, South 00°03'45" West, 30.40 feet; thence leaving said westerly line, North 41°04'20" West, 113.06 feet; thence North 18 48°55'40" East, 20.00 feet; thence South 41°04'20" East, 90.16 feet to 19 the POINT OF BEGINNING. 20 This easement shall become null and void and the rights to the 21 above described temporary easement shall cease and terminate on March 12,2020. Such rights may also be terminated prior to the above 22 date by STATE upon notice to OWNER. 23 24 MF-10-0255-1 (FEE) 25 For rail purposes, that portion of Parcel A of Parcel Map No. 2354, 26 situated in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 17 of Parcel Maps, 27 at Page 51, Fresno County Records, lying in Section 14, Township 28 ORDER ON WRIT OF POSSESSION 13 South, Range 19 East, Mount Diablo Meridian, said portion described as follows: COMMENCING at a 3.5 inch Fresno County Brass Disk in hand well marking the northwest comer of said Section 14, per Comer Record No. 6121 on file with the Fresno County Surveyor's Office; thence along the north line of said Section 14, South 89°37'17" East, 781.28 feet to the beginning of a non-tangent curve, concave southwesterly, to which point a radial line bears North 45°44' 17" East; thence southeasterly along said curve having a radius of 27958.25 feet, through a central angle of 01°11'23", an arc length of 580.57 feet; thence along a non- tangent line, South 43°02' 16" East, 17.61 feet to the northerly line of said Parcel A; thence continuing South 43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East, 10 212.68 feet to the westerly line of Parcel B as described in Application For Lot Line Adjustment No. 2010-13 recorded October ll 5, 2011 as Document No. 2011-0133784, Fresno County Records and 12 being the POINT OF BEGINNING; thence along said westerly line, North 00°03'45" East, 15.15 feet to the northeasterly line of said 13 Parcel A, also being the southwesterly right of way line of North 14 Golden State Boulevard (90 feet wide); thence along said northeasterly line, South 41°01'56" East, 309.04 feet to the southeasterly comer of 15 said Parcel A; thence along the southerly line of said Parcel A, North 16 89°38'27" West, 13.28 feet; thence leaving said southerly line, North 41°01 '53" West, 288.84 feet to the POINT OF BEGINNING. 17 Lands abutting said rail shall have no right or easement of access thereto. 18 19 MF-10-0255-2 (FEE) 20 21 For rail purposes, that portion of Parcel A of Parcel Map No. 2354, situated in the City of Fresno, County of Fresno, State of California, 22 according to the map thereof recorded in Book 17 of Parcel Maps, at 23 Page 51, Fresno County Records, lying in Section 14, Township 13 South, Range 19 East, Mount Diablo Meridian, said portion described as 24 follows: 25 COMMENCING at a 3.5 inch Fresno County Brass Disk in hand 26 well marking the northwest comer of said Section 14, per Comer Record No. 6121 on file with the Fresno County Surveyor's Office; 27 thence along the north line of said Section 14, South 89°37'17" East, 28 781.28 feet to the beginning of a non-tangent curve, concave 5 ORDER ON WRIT OF POSSESSION southwesterly, to which point a radial line bears North 45°44'17" East; thence southeasterly along said curve having a radius of 27958.25 feet, through a central angle of 01°11'23", an are length of 580.57 feet; thence along a non- tangent line, South 43°02'16" East, 17.61 feet to the northerly line of said Parcel A; thence continuing South 43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East, 212.68 feet to the westerly line of Parcel B as described in Application For Lot Line Adjustment No. 2010-13 recorded October 5, 2011 as Document No. 2011-0133784, Fresno County Records and being the POINT OF BEGINNING; thence continuing along last said course, South 41°01'53" East, 288.84 feet to the southerly line of said Parcel A; thence along the southerly line, North 89°38'27" West, 132.21 feet; thence leaving said southerly line, North 41°04'20" West, 87.62 feet to aforesaid westerly line of Parcel B; thence along 10 said westerly line, North 00°03'45" East, 151.00 feet to the POINT OF BEGINNING. 11 12 MF-10-0255-3 (TCE) 13 14 A temporary easement for construction purposes, that portion of Parcel A of Parcel Map No. 2354, situated in the City of Fresno, 15 County of Fresno, State of California, according to the map thereof 16 recorded in Book 17 of Parcel Maps, at Page 51, Fresno County Records, lying in Section 14, Township 13 South, Range 19 East, 17 Mount Diablo Meridian, said portion described as follows: 18 COMMENCING at a 3.5 inch Fresno County Brass Disk in hand 19 well marking the northwest comer of said Section 14, per Comer Record No. 6121 on file with the Fresno County Surveyor's Office; 20 thence along the north line of said Section 14, South 89°37'17" East, 21 781.28 feet to the beginning of a non-tangent curve, concave southwesterly, to which point a radial line bears North 45°44' 17" East; 22 thence southeasterly along said curve having a radius of 27958.25 23 feet, through a central angle of 01°11'23", an arc length of 580.57 feet; thence along a non- tangent line, South 43°02' 16" East, 17.61 24 feet to the northerly line of said Parcel A; thence continuing South 43°02'16" East, a distance of 77.29 feet; thence South 41°01'53" East, 25 212.68 feet to the westerly line of Parcel B as described in 26 Application For Lot Line Adjustment No. 2010-13 recorded October 5, 2011 as Document No. 2011-0133784, Fresno County Records; 27 thence along said westerly line, South 00°03'45" West, 151.00 feet to 28 the POINT OF BEGINNING; thence leaving said westerly line, ORDER ON WRIT OF POSSESSION South 41°04'20" East, 87.62 feet to the southerly line of said Parcel A; thence along said southerly line, North 89°38'27" West, 26.68 feet; thence leaving said southerly line, North 41°04'20" West, 47.07 feet to aforesaid westerly line of Parcel B; thence along said westerly line, North 00°03'45" East, 30.40 feet to the POINT OF BEGINNING. This easement shall become null and void and the rights to the above described temporary easement shall cease and terminate on March 12, 2020. Such rights may also be terminated prior to the above date by STATE upon notice to OWNER. Bearings and distances are based on the California Coordinate System of 1983, Zone 4, as shown on Record of Survey, Book 58, Pages 71-72, Fresno County Records. Distances are U.S. Survey Feet. Multiply grid 10 distances shown hereinabove by 1.00006895 to obtain ground level distances. 11 12 13 3 FURTHERMORE, IT IS ORDERED that the SHERIFF OF THE COUNTY 14 OF FRESNO, is to IMMEDIATELY maintain and defend the plaintiff The State of 15 California, acting by and through the State Public Works Board, in possession of Parcels 16 MF-10-0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, MF-10-0255-2, and MF- 17 10-0255-3 (“Parcels”), with said Parcels located at 4783 N. Golden State Boulevard, 18 Fresno, California, from time to time, and after receiving this WRIT OF POSSESSION to 19 IMMEDIATELY go to and enter upon the real property described as Parcels MF-10- 20 0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, MF-10-0255-2, and MF-10-0255- 21 3, to eject and remove DERREL’S MINI STORAGE, L.P., a California limited 22 partnership, DERREL’S MINI STORAGE, LTD, a California general partnership, and 23 DERREL’S MINI STORAGE, INC., the parties currently occupying and in possession, as 24 well as any and all other persons, obstacles, improvements or structures of every kind and 25 nature situated on Parcels MF-10-0087-1, MF-10-0087-2, MF-10-0087-3, MF-10-0255-1, 26 MF-10-0255-2, and MF-10-0255-3, and to put plaintiff The State of California, acting by 27 and through the State Public Works Board in rightful possession of said Parcels pursuant 28 ORDER ON WaT OF POSSESSION to the Court’s order, and keep the plaintiff in possession of these Parcels from time to time, and maintain, keep and defend, or cause to be maintained, kept and defended, the plaintiff in possession according to the intent of the.order of this court. DATED: Apel [¥, 72)7 JUS, JUDGE OF THE SUPERIOR COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER ON WRIT OF POSSESSION DECLARATION OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within action.. My business address is 100 South Main Street, Suite 1300, Los Angeles, California 90012-3702. On April 11, 2017, I served (a) true copy(ies) of the following document(s), [PROPOSED] ORDER ON WRIT OF POSSESSION, on the interested party(ies) to the said action: [SEE ATTACHED SERVICE LIST] By the following means: 10 il O By Mail: I am readily familiar with this office’s practice of collection and processing correspondence and legal documents for mailing. Under that 12 practice it would be deposited with U.S. Postal Service on that same day in a sealed envelope with postage thereon fully prepaid at Los Angeles, in the 13 ordinary course of business. 5SZVI| By Personal Service: By causing a true copy thereof, enclosed in a sealed 14 envelope, to be delivered by hand to the addressee(s) shown. 15 By Overnight Courier Service: I caused such envelope(s) to be delivered via overnight courier service to the addressee(s) designated. 16 By Facsimile: By transmitting a true copy(ies) thereof by facsimile 17 transmission from facsimile number (213) 687-8300 to the interested party(ies) to said action at the facsimile number(s) shown. 18 DSAI VI| By Email: By transmitting a true copy thereof by e-mail transmission from 19 joanne.kyles@dot.ca.gov, of the Legal Division, Department of Transportation, State of California, Los Angeles, California to the party(ies) 20 to said action indicated. 21 22 I declare under penalty of perjury that the foregoing is true and correct. Executed 23 on April 11, 2017 at Los Angeles, California. 24 \a 25 Joarin ek 26 \ larant 27 28 ORDER ON war OF POSSESSION mo re SERVICE LIST By: Personal Delivery, Fax and Email Mr. C, William Brewer Attorney for Defendant(s), Mr. Wesley Hansen DERREL’S MINI STORAGE, L.P., a Motschiedler, Michaelides, Wishon, California limited partnership; Brewer & Ryan LLP DERREL’S MINI STORAGE, INC.; 1690 West Shaw Ave., Suite 200 DERREL’S MINI STORAGE, LTD. Fresno, CA 93711 cwb@mmwbr.com wbh@mmwbr.com Facsimile: (559) 439-5654 10 By: Email Mr. Stephen L. Backus Attorneys for Defendant, ll Backus & Ernst, LLP SUN LIFE ASSURANCE COMPANY 12 444 South Flower Street, Suite 2160 OF CANADA Los Angeles, CA 90071 13 sbackus@belawca.com 14 15 By: Email Ms. Marlene Allen-Hammarlund Attorneys for Defendant, 16 Mr. Michael Davis Lamar Central Outdoor, LLC, a 17 Gresham Savage Nolan & Tilden, PC Delaware LLC 550 East Hospitality Lane, Suite 300 18 San Bernardino, CA 92408 19 marlene.allen@greshamsavage.com 20 21 22 23 24 25 26 27 28 ORDER ON WRITOF POSSESSION