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HomeMy WebLinkAbout; |Gilbert J. and Mary Ann|Kaiser|; 1991-0123178; Condemnation*«*JU*OI*G REQUESTED if r~ r H>L L ft6 i77i~Ui£.J< ,1784 20-11AR-1991 01 = 34 Pfl After recording, please return to: bHN OiEffl LOuhH KEtUKU RMHtlit tVHilS? UuUHiT Bruce W. Beach ^—! JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation 501 West Broadway, Suite 1400 San Diego, California 92101 (619) 557-7626 1785 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 /£'-' KE/V/VET P^D' CJ.J BV: S- to SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH CARLSBAD MUNICIPAL WATER ) Case No. N 44067 DISTRICT, ) ) /issH* © ) e- * o 199? SH DeDU Plaintiff, ) JUDGMENT IN CONDEMNATION ) AFTER JURY TRIAL [Code of v. ) Civil Procedure §§1235.130, ) 1260.210, 1260.230, 1268.010] GILBERT J. KAISER and MARY ANN ) KAISER, Trustees of the KAISER ) FAMILY TRUST; and DOES 1 ) (PARCEL NO. 1) through 20, inclusive, ) (One Parcel) Defendants. ) This cause came on regularly for trial on December 7, 1990, in Department G of the above-entitled Court, the Honorable Franklin J, Mitchell, Jr., Judge presiding. Plaintiff Carlsbad Municipal Water District appeared by Jennings, Engstrand & Henrikson, by Bruce W. Beach; Defendants GILBERT J. KAISER and MARY ANN KAISER, Trustees of the KAISER FAMILY TRUST appeared by Al J. Tarvyd, attorney of record. A jury was impaneled and sworn to value the real property sought to be condemned and described as Parcel No. 1 in paragraph - 1 - 1 2 3 4 5 6 7 8 9 10 11 of $497,555.00. 12 DATED: December 14, 1990 /s/ Janice L. Wright 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1786 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 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, - 2 - 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 1787 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 - 3 - 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 1788 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 $497,555.00 plus interest thereon, as provided law, plaintiff shall be entitled to and the Court shall make by a final order of condemnation in the manner provided by law, which final order of condemnation shall describe the property condemned and identify the judgment authorizing the taking. Dated: FEE 25 1991 ...— ,„-.«. .,,.\.* J.MWMU, JUDGE OF THE SUPERIOR COURT APPROVED AS TO FORM: JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation By: BRUCE W. BEACH Attorneys for Plaintiff Carlsbad Municipal Water District ^/frY / <3/i*s~>*ris 'AL J. TARVYD ^ Attorney for Defendants Gilbert J. Kaiser and Mary Ann Kaiser, Trusteesof the Kaiser Family Trust The foregoing testrunwnt '$ a full, true and correct copy of the original on ;•*;• in this office. {C:\099\bwb\carlsbad.jud} r ,., P£B 25 199 i ___ y'l^'fiV I} PIJ'J {:••; i;->; {'„, ';?!(.'-' 0V SeT; -.J.C^Q. - 4 - 1789 EXHIBIT "A" CARLSBAD MUNICIPAL WATER DISTRICT TANK SITE ACQUISITION LEGAL DESCRIPTION Parcel No. 1 That portion 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 center!ine 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[55T47" 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 center!1ne 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 642.82 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, said point being the point of terminus for this line. The above described land contains g.65 acres, more or less. EXHIBIT A