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NOTICE OF INTENION TO SELL REAL PROPERTY AT PRIVATE SALE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO, PROBATE DIVISION
In re the McFETRIDGE FAMILY TRUST, dated August 27, 1987.
Case No. P189678
(Case Assigned to Hon. Julia C. Kelety)
Date: July 28, 2008
Time: 9:30 a.m.
Notice is hereby given that, subject to confirmation of this Court, on July 28, 2008, at 9:30 a.m., or thereafter within the time allowed by law, the undersigned, as Successor Trustee of the McFetridge Family Trust dated August 27, 1987, (hereinafter, the Trust), will sell at private sale to the highest and best net bidder on the terms and conditions hereinafter mentioned all right, title, and interest of the Trust in the real property located in San Diego County, California, as follows:
1. 8-unit apartment complex located at 12025 Poway Road, Poway, California, APN 316-070-39, along with the adjacent 1.09 acre parcel of vacant land, APN 316-070-23, and legally described as:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 15, AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE SOUTHERLY LINE OF COUNTY HIGHWAY (F.A.S. 729 (1)) AS SHOWN ON THE MAP OF THE RELOCATION OF ROAD SURVEY NO. 987 ON FILE IN THE OFFICE OF THE SURVEYOR OF SAID SAN DIEGO COUNTY, SAID POINT BEING AT THE WESTERLY TERMINUS OF A 4040 FOOT RADIUS CURVE, CONCAVE NORTHERLY, IN SAID SOUTHERLY LINE, AND OPPOSITE ENGINEER'S STATION 115 PLUS 01.19 B.C.; THENCE ALONG SAID SOUTHERLY LINE, EASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 1° 48' 07, A DISTANCE OF 127.06 FEET TO THE WESTERLY LINE OF LAND CONVEYED TO GEORGE B. MCFETRIDGE, ET UX, BY DEED DATED JANUARY 12, 1949 AND RECORDED IN BOOK 3158, PAGE 492 OF OFFICIAL RECORDS; THENCE SOUTH 13° 56' 13 EAST (RECORD SOUTH 13° 35' 53 EAST) ALONG SAID WESTERLY LINE 415.32 FEET TO THE CENTER LINE OF A 40 FOOT WIDE ROAD EASEMENT DESCRIBED IN PARCEL 2 IN DEED TO LAURENCE E. O'BRIEN, ET UX, DATED APRIL 20, 1954 AND RECORDED IN BOOK 5226, PAGE 364 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE SOUTH 54° 04' WEST 124.49 FEET AND SOUTH 62° 42' WEST 80 FEET; THENCE LEAVING SAID CENTER LINE NORTH 14° 00' 10 WEST 488.31 FEET TO THE SOUTHERLY LINE OF SAID COUNTY HIGHWAY; THENCE NORTH 78° 58' 40 EAST ALONG SAID SOUTHERLY LINE 67.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED SEPTEMBER 15, 1965 AS FILE NO. 167464 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS:PARCEL 64328-A:
THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 AND OF THE SOUGHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, ALL IN TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED IN DEEDS TO GEORGE B. MCFETRIDGE AND PHYLLIS B. MCFETRIDGE, HUSBAND AND WIFE, RECORDED APRIL 1, 1949 AS DOCUMENT 28560 IN BOOK 3158, PAGE 492 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND RECORDED OCTOBER 21, 1954 AS DOCUMENT NO. 141161 IN BOOK 5405, PAGE 176 OF SAID OFFICIAL RECORDS, LYING NORTHERLY OF A LINE THAT IS PARALLEL AND CONCENTRIC WITH AND DISTANT 50 FEET SOUTHERLY AT RIGHT ANGLES AND RADIALLY FROM THE CENTER LINE OF ROAD SURVEY NO. 987, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF THE COUNTY OF SAN DIEGO.PARCEL 64328-B:
THOSE PORTIONS OF SAID LANDS SO DESCRIBED IN SAID DEEDS TO GEORGE B. MCFETRIDGE AND WIFE, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL 64328-A, LYING NORTHERLY OF A LINE THAT IS PARALLEL AND CONCENTRIC WITH AND DISTANT 2 FEET SOUTHERLY AT RIGHT ANGLES AND RADIALLY FROM SAID SOUTHERLY LINE OF PARCEL 64328-A, AND LYING WESTERLY OF A LINE THAT IS DRAWN SOUTHERLY RADIALLY FROM THE CENTER LINE OF ROAD SURVEY NO. 1713, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, THROUGH ENGINEER'S STATION 115+50 P.O.C. OF SAID SURVEY.
2. 1.32 acres of vacant land fronting Poway Road in Poway, California, APN 316-062-29, and legally described as:
THAT PROTION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE 80 FOOT WIDE COUNTY HIGHWAY FAS 729 (1) AS SHOWN ON THE MAP OF THE RELOCATION OF ROAD SURVEY NO. 987 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, SAID POINT BEING OPPOSITE ENGINEER'S STATION 115+01.08 (RECORD 115+01.19 BC) ON THE CENTER LINE OF SAID COUNTY HIGHWAY; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 78° 58' 40 WEST, 67 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO GEORGE B. MCFETRIDGE, ET UX, RECORDED OCTOBER 21, 1954 AS DOCUMENT NO. 1411161 IN BOOK 5405, PAGE 176 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 14° 00' 10 EAST, ALONG THE WESTERLY LINE OF SAID LAND, 10.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 78° 58' 40 WEST, PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY LINE, 165.06 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 3450 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE, 75 FEET, MORE OR LESS TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO LESTER BERGLUND, ET UX, RECORDED MARCH 5, 1956 AS DOCUMENT NO. 29448 IN BOOK 6000, PAGE 346 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEASTERLY CORNER OF SAID LAND; THENCE NORTH 81° 13' 40 EAST, 25.46 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO HANS BENDIXEN, ET UX, RECORDED AUGUST 20, 1964 AS DOCUMENT NO. 150909 OF OFFICIAL RECORDS; THENCE NORTH 74° 46' 51 EAST, 236.44 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE NORTH 14° 00' 10 WEST, 214.99 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 11.0 FEET (MEASURED ALONG THE SOUTHERLY LINE).
The sale is subject to current taxes, covenants, conditions, restrictions, reservations, rights, rights of way, and easements of record, with any encumbrances of record to be satisfied from the purchase price.
The property is to be sold on an as is basis, except for title.
Bids or offers are invited for this property and must be in writing and will be received at the office of Mark D. Bitterlin of Bitterlin Companies, Inc. at 2245 San Diego Avenue, Suite 121, San Diego, California 92110, (619-851-8079) firstname.lastname@example.org
, or delivered to Mark D. Bitterlin personally, at any time after first publication of this notice and before any sale is made.
The property will be sold on the following terms: Cash, or part cash and part credit, the terms of such credit to be acceptable to the undersigned and to the Court, 10 percent (10%) of the amount of the bid to accompany the offer by certified check, and the balance to be paid on confirmation of sale by the Court. Taxes, rents, operating and maintenance expenses, and premiums on insurance acceptable to the purchaser shall be prorated as of the date of recording of conveyance. Examination of title, recording of conveyance, transfer taxes, and any title insurance policy shall be at the expense of the purchaser or purchasers.
The minimum overbid which will be accepted is $872,000.00.
The undersigned reserves the right to refuse to accept any bids.
Dated: July 7, 2008
/s/ Bonnie McFetridge Smolenski, Successor Trustee
LUCE, FORWARD, HAMILTON & SCRIPPS, LLP
By: /s/ Mary F. Gillick
Jeremiah J. Moffit
Attorneys for Bonnie McFetridge Smolenski,
Pub. July 10, 17, 21-00044033