HomeMy WebLinkAbout; |Gilbert J and Mary Ann|Kaiser|; 1991-0123078; Condemnation^ P, _»^ j="t i J i .-=*. -.•** J ^ ^ .-=--== -•«. ia-: ",nnr it! iv9i-iu/i!i/u
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After recording, please return to:
Bruce W. Beach
JENNINGS, ENGSTRAND & HENRIKSON
A Professional Law Corporation
501 West Broadway, Suite 1400
San Diego, California 92101
(619) 557-7626
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1785
SUPERIOR COURT OF THE
COUNTY OF SAN DIEGO,
CARLSBAD MUNICIPAL WATER )
DISTRICT, )
Plaintiff, )
v. )
GILBERT J. KAISER and MARY ANN )
KAISER, Trustees of the KAISER )
FAMILY TRUST; and DOES 1 )
through 20, inclusive, )
Defendants . )
This cause came on regularly
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By: s}lSH ^
•Deouty
STATE OF CALIFORNIA
NORTH COUNTY BRANCH
Case No. N 44067
JUDGMENT IN CONDEMNATION
AFTER JURY TRIAL [Code of
Civil Procedure §§ 1235.130,
1260.210, 1260.230, 1268.010]
(PARCEL NO. 1)
(One Parcel)
for trial on December 7, 1990,
in Department G of the above-entitled Court, the Honorable
Franklin J, Mitchell, Jr., Judge
Municipal Water District appeared
presiding. Plaintiff Carlsbad
by Jennings, Engstrand &
Henrikson, by Bruce W. Beach; Defendants GILBERT J. KAISER and
MARY ANN KAISER, Trustees of the
Al J. Tarvyd, attorney of record.
KAISER FAMILY TRUST appeared by
A jury was impaneled and sworn to value the real property
sought to be condemned and described as Parcel No. 1 in paragraph
- 1
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III of the complaint herein. Witnesses on the part of both
plaintiff and defendants were sworn and examined. Both oral and
documentary evidence were introduced on behalf of the
respective parties and, the evidence having been duly taken and
heard, the cause was argued by counsel of the respective parties.
After being instructed by the Court as to the law of the
case, the jury retired to consider their verdict, subsequently
returned to Court after being called, and duly rendered their
verdict in writing, and words and figures as follows:
We, the jury in the above-entitled case, find
the fair market value of the property
condemned as of June 19, 1989 to be the sum
of $497,555.00.
DATED: December 14, 1990 /s/ Janice L. Wright
FOREPERSON
It appearing to the Court that the use to which the property
sought to be condemned and taken is a public use authorized by
&
law, and that the taking of the property is necessary for the
use;
It further appearing to the Court that on June 19, 1989, the
sum of $222,500.00 was deposited into Court by plaintiff as the
amount of probable compensation pursuant to Code of Civil
Procedure sections 1255.010 through 1255.080, and subsequently
withdrawn on or after September 11, 1989.
It further appearing to the Court that, pursuant to an Order
of Possession, plaintiff was authorized to take possession of the
real property described in its complaint on August 10, 1989.
WHEREFORE, by virtue of the law, and by reason of the
property previously described,
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IT IS ORDERED, ADJUDGED AND DECREED that:
1. Upon payment of the balance of the condemnation award
(the difference between the jury verdict of $497,555.00 and the
court deposit withdrawn of $222,500.00, plus interest provided by
law on this amount from August 10, 1989, until deposited with the
Court and interest on $222,500 from August 10, 1989 to September
11, 1989, as provided by law) for the benefit of defendants
GILBERT J. KAISER and MARY ANN KAISER, Trustees of the KAISER
FAMILY TRUST, the real property described in plaintiff's
complaint shall be condemned in fee for the uses and purposes
described in the Complaint, to wit: A water reservoir site; and
all interests of defendants in and to said real property shall be
terminated.
2. The real property condemned is legally described in
Exhibit "A" attached hereto.
*
3. The fair market value of the real property described as
Parcel No. 1 as determined by the jury was the sum of $497,555.00
on June 19, 1989, the date of valuation.
4. The above-described property is hereby taken and
condemned in fee for a public use by plaintiff Carlsbad Municipal
Water District for the uses and purposes described in the
complaint.
5. Payment of the balance of the condemnation award in the
sum as to be calculated and stated in paragraph 1, plus interest
thereon as permitted by law, shall be made and transmitted as
follows:
"Gilbert J. Kaiser, c/o Al J. Tarvyd"
530 "B" Street, Suite 900, San Diego, CA 92101
28 "
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6. Defendants shall be entitled to their costs of suit
incurred herein in the sum of $•
IT IS FURTHER ADJUDGED, ORDERED AND DECREED that on payment
of the sum of $497,555.00 plus interest
law, plaintiff shall be entitled to and
thereon, as provided
the Court shall make
by
a
final order of condemnation in the manner provided by law, which
final order of condemnation shall describe the property condemned
and identify the judgment authorizing the taking.
Dated: FEES 25 1991
JUDGE OF
APPROVED AS TO FORM:
JENNINGS, ENGSTRAND & HENRIKSON
A Professional Law Corporation
By:
BRUCE W. BEACH
Attorneys for Plaintiff
Carlsbad Municipal Water District
s/&Y /&/faS^rfTs
'AL J. TARVYD CX
Attorney for Defendants
Gilbert J. Kaiser and
"T^fSimHBltL
THE SUPERIOR COURT
Mary Ann Kaiser, Trustees
of the Kaiser Family Trust The foregoing Instrument's a full, true and con ect
copy of the original OM i;i;' m this office.
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FEB 25 1991
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1789
. " - - EXHIBIT "A"
CARLSBAD MUNICIPAL WATER DISTRICT
TANK SITE ACQUISITION
LEGAL DESCRIPTION
Parcel No. 1
.• That port-ion of the North Half of the Southwest Quarter of the
Southeast Quarter of Section 22, Township 12 South, Range 4
West, San Bernardino Meridian, located in the City of Carlsbad,
County of San Diego, State of California, according to Official
Plat thereof, more particularly described as follows:
The Westerly 544 feet of the North Half of the Southwest Quarter
of the Southeast Quarter of said Section 22.
EXCEPTING THEREFROM the following described land:
•BEGINNING at the.South Quarter Corner of said Section 22; thence
Northerly along the North-South centerline of said Section North
2[18'55" East 1041.37 feet to a point designated as Point "A"
for the purposes of this description, said Point "A" also being
the TRUE POINT OF BEGINNING; thence South 89[55'47"'East 250,00
feet; thence South 0[04'13" West to the South line of said North
Half of the Southwest Quarter ef the Southeast Quarter of said
Section 22; thence Westerly .along said South line to the
Southwest corner of said North Half; thence Northerly along said
North-South centerline of Section 22 to the TRUE POINT OF
• BEGINNING.
ALSO EXCEPTING THEREFROM all that portion of the above described
land lying Northerly of the following described line:
BEGINNING at the above described Point "A"; thence South
89[55'47" East 542.82 feet,- more or less, to a point on the East
line of said Westerly 544 feet of the North Half of the
Southwest Quarter of the Southeast Quarter of said Section 22,
I said point being the point of terminus for this line.
i The above described land contains g.65 acres, more or less.
EXHIBIT A