HomeMy WebLinkAbout; Fernandez, Victoria; 1998-0339280; CondemnationRECORDING REQUESTED BY:
ASARO, KEAGY, FEELAND & MCKINLEY
By: RICHARD R. FREELAND, ESQ.
3 170 Fourth Avenue, Fourth Floor
)
Sari Diego, CA 92103 1
(6 19) 297-3 170 )
)
)
By: RICHARD R. FREELAND, ESQ. )
Sari Diego, CA 92103 )
AND WHEN RECORDED MAIL TO:
ASARO, KEAGY, FREELAND & MCKINLEY
3 170 Fourth Avenue, Fourth Floor
)
(6 19) 297-3 170
Exempt From Filing Fees Per Govt. Code 8 6103
This Space for Recorder's Use Only
FINAL ORDER OF CONDEMNATION
SAN DIEGO SUPERIOR COURT CASE NO. N 78250-1
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CO~TY OF SAN DIEGO
CITY OF CARLSBAD, NO. N78250-1 A Municipal Corporation,
Plaintiff,
V. FINAL ORDER OF CONDEMNATION VICTORIA FER"DE2, etc., et al.,
Defendants.
It appearing to the Court that judgment in condemnation has been entered in the above-entitled
action on August 21, 2001, adjudging that Plaintiff is entitled to take by condemnation the property
described in the judgment on file herein and more llly described hereafter and in accordance with this
judgment, Plaintiff has paid the sum of money due;
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
the real property and real property interests situated in the County of San Diego, State of California, and
more particularly described in Exhibit "A" attached hereto and made a part hereof, be condemned to
Plaintiff for the purpose ofits Poinsettia Lane ExtensiodBrigantine Drive Project in the manner proposed
by Plaintiff in fbrtherance of public and general welfare.
//I
Ill
Ill
G.kWC.4RLSBAD\Fnnmd.\ficOrd.wd
'2145.24 (1OTuI1 3:32PY) FINAL ORDER OF CONDEMNATION
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this
Order be recorded in the Office of the County Recorder of the County of San Diego, State of California,
and thereupon, title to said property described herein shall vest in Plaintiff.
Dated: /0 -25-0(
G:\kmk\CARLSBAD\Femande\fin-Ord.wpd lOR2/01 2:13 PM
Judge of the Superior Court
FINAL ORDER CF CONDEMNATION
REcOEDING REQUESTED BY
AND WHEN'RECORDED,
PtEASE MAIL TO:
City Clerk
City of Carisbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
The undersigned grantar(s) dec!are(s):
Documentary transfer tax is Se
( ) computed on lull value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: ( x )City of Carlsbad. and
encumbrances remaining at time of sale.
Assessor's Parcel No.: APN 215070-14
DOCUMENT NO.: 020FERN
- Space above this line for Recorder's Use -
NO RECORDING FEE REQUIRED: mis DOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE
Project: Poinsettia Lane Extension Location: Poinsettia Lane 8 Aviara Park,vay Reference: RW/OZOFERN
INDIVIDUAL GRANT DEED -
FOR A VALUABLE CONSIDEMTION, receipt of which is hereby acknowledged,
VICTORIA FERNAND= AS TRUSTEE UNDER THE FERNANOEZ TRUST DATED
APRIL 21, 1982
iereby GRANTS to the
be following described real property which is situated in the City of Carlsbad, County of San Diego,
State of California, as more padjculady described in the attached Exhibit "A" and as shown on the
ittached Exhibit "8".
The Grantor understands that the present intention of the Grantee is to construct and maintain
1 public highway on the lands hereby conveyed in fee 2nd the Grantor, for the Grantor's successors
tnd assigns, hereby wsjves any claims for any and all damages to grantor's remaining propeq
:ontiQuous to the property hereby conveyed by reason of the !OCatiOn, construction, landscaping or
naintenance of said highway.
(AS used above, the tern "Grantof shall include the PlurZlCdS well 2s the singular number.)
BY:
V1CTORIA FERNANDEZ
L
1 STATE OF )ss.
1
COUNTY OF I
(NOTARY JURAT)
On before me.
personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be me penon(s) whose namefs) idam subscribed lo me within kIsLrument and acknowledged to me
that helshelthey executed the Same in hihermeir authorized capacjpy(ies). and that by hisiherftheir dgnalUR(S) On the instrument the penon(s)
- or the entiv upon behalf of which the penon(s) aced. executed the
Instrument.
WITNESS my hand and oficial seal.
Signature:
(This area for official notarial seal)
EXHIBIT "A" .
LEGAL DESCRIPTION
FERNANDEZ FAMILY TRUST PR. 3.4.315
(POINSETTIA LANE & BRlGAN77NE DRIVE)
HEiiElN LYING WITHIN PARCEL "A" (OWNERSHIP PARCEL) DESCRIBED HEREIN.
TKOSE PORTIONS OF PARCELS 1 AND 2 (DEDICATION PARCELS) DESCRIBED
PARCEL (OWNERSHIP PARCEL)
THE NORTHEAST QUARTER OF THE SOUTFWEST QUARTER OF THE
SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOVOW" 12 SOUTH,
RANGE 4 WEST, SAN BERNARDlNO MERIDIAN, AS DESCRIBED IN QUITcMtM
DEED RECORDED NOVEbIBER 10, 1982 AS Flk NO. 82-348161 OF OFFICIAL
RECORDS OF SAN D~EGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
4
.
‘L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID
CENTERLINE OF POINS~lA LANE, NORTH 72012‘46“ EAST (NORTH 72047’00”
EAST PES MAP 12972), 185.00 FEET 70 THE BEGINNING OF TANGENT CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE
THROUGH A CENTWL ANGLE OF 02041’01” A DISTANCE OF 65.57 FEET
(02a41’72”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE
OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE
AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27050’53”, A
DISTANCE OF 680.46 FEn; THENCE NORTH 41040’52” EAST, 515.94 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A
SAID CURVE THROUGH A CENTRAL ANGLE OF 08.1 1’26” A DISTANCE OF 200.13
FEET TO A POINT HEilEINAkTER REFERRED TO As POINT “A”; THENCE
CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 42036’00” A DiSTANCE OF 1040.92
FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “8” OF CERTlFiCATE
.
NORTHEASTERLY ALONG SAjD CENTERLINE AND THE ARC OF SAID CURVE
k
RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF
OF COMPLIANCE RECORDED MARCH 11, I997, FILE NO. 1997-010631 OF
OFFICIAL RECORDS; T~ENCE A,LONG SAID SOUTHERLY LINE, SOUTH 87031’42”
EAST, 134.77 FEn TO THE SOUTHEAST CORNER OF SAID PARCEL “E”, SAD
POINT BEING OCCUP]ED BY A 3/4“ IRON PIPE MARKED “RCE 8210“.
PARCEL 2 (DEDICATION PARCEL - BRlGANTINE DRIVE)
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" SAID POINT
BEING Oh THE ARC OF A 1400.00 FOOT fUDNJS CURVE CONCAVE
SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH $0'07'42"
WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40"07'42" WEST, 51.00 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF 'THE HEREINAGOVE
DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 40"07'42" WEST, 727.52 FEET TO A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17°2J'29", AN ARC LENGTH OF 91.58 FEET; THENCE
NORTH 22"38i13t1 WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 1-jo33i05ta, AN ARC LENGTH OF 60.48 FEET TO THE POINT OF
TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL 'E" OF
CERTIFICATE OF COMPL~ANCE RECORDED MARCH 11, 1997 FILE NO. 1997-
FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTiNUATlON OF
SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTE r" ,L Y LINE OF
SAKI PARCEL "a",
-
0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87"27'43" EAST, 3.54 FEET
PAGE 3 OF 4
JOHN W. HILL, JR.
HUNSAKER a ASSOCIAYES SAN DIEGO. INC.
LS. 5669
I SCALE 1" = 100'
.'
FERNANDEZ FAMILY TRiJST
275-070- 74
KCLLJKUINC~ HEQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Or.
Cadsbad, California 92008
MAIL TAX STATEMENTS TO:
(c EXEMPT
The undersigned granlor(s) deciare@):
Documentary transfer tax is SO.UJ
( ) computed on full value of property conveyed. or
( ) computed on full value less value of liens and
( ) Unincorporated area: ( x ) Cily of Carlsbad, and
encumbrances remaining at time of sate.
Assessor's Parcel No.: APN 215-070-14
DOCUMENT NO.: 021 FERN
- Space above this line for Recorder's Use -
NO RECORDING FEE REQUIRED: THIS OOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 27383 OF
CALfFORNlA GOVERNMENT CODE
Prcjec!: Poinsettia Lane Extension
Location: Poinsettia Lane 8 Aviam Parkway Reference: RW1021 FERN
OR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED
APRIL 21 , 1982
xeby GRANTS to the
CITY OF CARLSBAD, a Municipal Corporation,
tsernents for the constm&n and maintenance of slopes and incidents thereto, upon, over and across that
:dah real property hereinafter described, together With;
sements for temporary anstmctjon purposes and incidents thereto, upon, over, and across that certain real
3perty hereinafter described.
This document was executed this day of ,1998.
BY:
VICTORIA FERNANDEZ
(NOTARY JURAT)
1 STATE OF )ss. 1
COUNN OF 1
On before me.
personal!y appeared
personally known to me (or proved lo -
(This area for oiTcfa1 notarial sea/)
(JAWJAC. INC.. Expropnation Consultants)
EXHlBIT "A"
LEGAL DESCRIPTION
FERNANDEZ FAMILY TRUST PR. 3.2.103
(SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS)
THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER, OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS
DESCRIBED IN QUITCLAIM DEED RECORDED NOVEMBER 70, 1982 AS FILE NO.
CARLS8AD, COUNTY OF SAN DIEGO, STATE OF CALlFORNfA, ACCORDING TO
OFFICIAL PLAT THEREOF, BEING -MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
82-348161 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF
THE BEGI~NING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50"47"26" A
DISTANCE OF 1241.05 F.'E~ TO A POINT ON THE SOUTHERLY LINE OF PARCEL
"8" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1?97, FILE NO.
SOUTH 87O31'42" EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL "B", SAID POINT GEING OCCUPIED BY A 314" IRON PIPE MARKED "RCE
821 0".
1997-01063I OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE,
THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF L4ND TO BE SHORTENED
OR EXTENDED so AS TO TERMINATE SOUThWESTERLY IN THE SOUTHERLY
LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE
SOUTHERLY LINE OF PARCEL '8" OF SAID CERTIFICATE OF COMPLIANCE AND
&4STERLY IN THE WESTERLY LINE OF HACK RAIL ROAD PER NOTICE OF
PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED
SEPTEMBER 12,1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS.
.
WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40'07'42" WEST, 51.00 FEET
TO A POW ON THE NORTHWESTERLY LINE OF THE HEREINABOVE
DESCRlBED PARCEL I SAID POINT SEfNG THE TRUE POlN7' OF BEGINNING;
THENCE CONTINUING NORTH 40"Q7'42" WEST, 727.52 FEET TO A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17"29'29", AN ARC LENGTH OF 91.58 FEFT; THENCE .1 NORTH 22'38'13" WEST, -117.75 FEET TO A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADlUS OF 300.00 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 17°33~05i0, AN AX LENGTH Of 60.48 FEET TO THE POINT OF
TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PA_RCEL "B" OF
CERTIFICATE OF COFT/1PLIANCE RECORDED MARCH 17, 1997 FILE NO. fgS7-
0106631 OF OfFICIAL RECORDS AND LYING SOUTH 87"27'43" EAST, 3.54 FEET
FROM THE SOUThWEST CORNER OF SAID PARCEL '8", THE CONTINUATION OF
SAlD CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF -
SAID PARCEL "B".
THE SiDELlNES OF SA~D 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTEWESTERLY
LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHERLY IN THE
SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE
AND TflE SOUTHERLY LINE OF PARCEL "A" OF CERTIFJCATE OF COMPLIANCE
RECORDED MARCH 11, 7997 FILE NO. 1997-0106633 OF OFFICIAL RECORDS. '
RECORDED MARCH 17, 7997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS
LANE) SAID POINT BEING THE TRUE' POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID SOUTHERLY LINE, NORM 87"37'28" WEST, 149.88
FEET; THENCE L~V~NG SAID SOUTHERLY LINE, NORTH 71'28'42" EAST, 133.39
FEET; THENCE NORTH 53044'32" EAST, 183.78 FEn To A POINT ON THE
EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SA15 SKTlON 22; THENCE
ALONG SAID EASTERLY LINE, SOUTH OZ"23'14" EAST, 16.23 FEET TO AN
lNTERSEC?lON WITH THE NORTHERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL -l (PROPOSED POINSETTIA LANE); THENCE ALONG SAlD
NORTHERLY LINE, SOUTH 41~40'52" WEST.188.87 FEET TO THE TRUE POINT OF
BEG INNING.
-
THE HEREINAB OVE-DESCRl8ED PARCEL OF LAND CONTAlNS 0.218 ACRE
MORE OR LESS.
TRUE POINT OF BEGINNING.
THE HERhNABOVE DESCRfBED PARCEL OF LAND CONTAfNS 0.182 ACRE
MORE OR LESS.
PARCEL 5 (SLOPE EASEMENT)
COMMENCING AT THE SOUTHEQIST CORNER OF PARCEL 'A" OF CERTIFICATE
OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 7897-0106633 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE
SOUTHERLY LINE THEREOF, NORTH 87"42'26" WEST, 8.79 FEET TO A POINT IN
THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTlNUtNG ALONG
SAID SdUTHERL)' LINE, NORTH 87'42'26" WEST, 30.13 FEET; THENCE LEAVING
SAID SOUTHERLY LINE, SOUTH 23'22'44" EAST, 108.26 FEET TO A POINT ON
THE EASTE.SLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE
ALONG SAID EASTERLY LINE, NORTH 02O23'14" WEST, 57.33 FEET TO A POINT
IN SAID WESTERLY SIDELINE OF PARCEL 2, SAID POINT BEING THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
372.00 FEET A F$,DlAL LINE TO SAlD POINT BEARS SOUTH 71'43'15" WEST;
CENTRAL ANGLE OF 07'43'12" A DISTANCE Of 42.04 FEET TO THE TRUE POINT
OF BEGINNING.
FXGE 5 OF 6
PARCEL 6 (TEMPORARY CONSTRUCTION BSEMENf)
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL .A" OF CERTIFICATE
OF COMPLIANCE RECORDED. MARCH 11, 1997 AS FILE NO. 1997-0106633 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE
CONTINUING ALONG SAID SOUTHERLY LINE,' NORTH 8742'26" WEST, 30.13
FEET TO THE TRUE POiNT OF BEGJNNING; THENCE LEAVING SAID
SOUTHERLY LINE, SOUTH 23°22'44" EAST, 108.26 FEET TO A POINT ON THE
EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE
ALONG SAID EASTERLY LINE, SOUTH OZ"23'14" EAST, 54.88 FEET; THENCE
LEAVING SAjD EAST& LINE, NORTH 29'41'10" WEST, 3.09 FEET; THENCE
ALONG A LINE THAT 1s PARALLEL WITH AND 20.00 FEET SOUTHWESTERLY OF
THE SOUTHWESTERLY LINE OF SAID PARCEL 4, NORTH 23"22'4" WEST, 166.04
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "A OF
CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-
0106633 OF OFFjClAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE,
SOUTH 87'42'26'' EAST, 22.1 9 FES TO THE TRUE POINT OF BEGINNING.
SOUTHERLY LINE THEREOF, NORTH 87042'26" WEST, 8-79 FEET; THENCE
.
.
-
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.064 ACRE
MORE OR LESS.
9-49 3-3-78
JOHN W. HILL, JP,.
HUNSAKER a ASSOCIF\TES SAN DIEGO, INC.
L.S. 5669
..
!e. CA 92714 CONSTAUCTION
1) 251-51W EXPIRE 9/30/99 EXHIBIT "3" E;6suIEjvTs i'c 4CU g&L% 3-3-40,
FR. 3.2.703 mpuu JCHN W. HIU, JR LS. 5663
PARCEL
0.064 ACRE
IY I
ri J-A
tn 0 30 60 90
. SCALE I’ = 30’
August 28,2001
TO: City Clerk
FROM: Secretary to City Attorney
CITY V. FERNANDEZ
Attached, is the Stipulation for Judgment and Stipulated Judgment in the above
referenced case. Please make them
attach men ts
ASARO, KEAGY, FREELAND & MCKJNLEY
ATTORNEYS AT LAW
ROSCOE D KEAGY FOURTH FLOOR
RICHARD R. FREELAND
STEVEN A. MCKINLEY. 3170 FOURTH AVENUE
SAN DIEGO. CALIFORNIA 92103
TELEPHONE 1619) 297-3170
FACSIMILE 16191 299-4266
.ALSO ADMITTED IN NEVADA _--
FRANK L. ASARO
OF COUNSEL
MI-. Ronald Ball
City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: City of Carlsbad v. Victoria Femandez
Dear Mr. Ball:
Enclosed for your records are conformed copies of the Stipulation for Judgment and the
Stipulated Judgment in the above-captioned matter. Also enclosed is a memorandum of costs
submitted by Mi. Detisch seeking the total sum of $1,073.50 as and for costs in this matter and the
related matters of Carlsbad v. Baker and Carlsbad v. Atchison.
Pursuant to the terms of the stipulated judgment, I would appreciate it if you would provide
me with a check from the City in the amount of $101,073,50 payable to Victoria Fernandez as
Trustee under The Fernandez Family Trust dated April 21, 1982, representing the principal amount
and the costs due in this matter. Upon receipt of this sum, I will then calculate interest and request
an additional check for the interest due Mrs. Fernandez.
Please feel fiee to call should you have any questions.
Very truly yours,
ASARO, KEAGY, WELAND & McKINLEY w 'chard R. Freeland
RRF/jlr
Enclosure
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8. ONKD R B&L, City Attorney, State Bar f74105
arlsbad, CA 92OCS-1989 ,-
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~ ,%%
ITY OF CARLSBAD 200 Carlsbad Villase Drive
SARO, KEAGY, FREJUND & I\/IcKm.uy, Specid Counsel .OSCOE D. KEAGY, SBS 32541 3cHARD R FREELAW, SEI# 64092 170 Fourth Avenue, Fourth Floor an Diego, California 92103 'eiephone: (61 9) 297-3 170 acsimile: (6 19) 299-4265
Lttorneys for Plaintiff CITY OF CARLSBm
:.I r . - , L2-+ v--
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNM
1 No. N 75250-1 1 1 1 1 1 1 1 1 1 1
XTY OF CARLSBAD, a aunicipal corporation,
STIPULATION FOR JUDGMENT
I/C Judge Michael hello Dept: 26
Plaintiff,
v.
JTCTORIA FERNANDEZ, Trustee, etc.
Defendant s.
IT IS HEIIEBY STIPULATED by Plaintiff CITY OF CARLSBD, through its attorneys
3f record, RONALD ?L BALL, City Attorney, a-qd ASls-RQ, EAAGY, FREELAND & MXINLEY
Special Counsel, by mCI.wRD R. FREELAW, and by Defendant VICTORIA FER"DEZ a:
Trustee under the Fernandez Family Trust dated April 21, 1952 (hereinafeer ''FER.lVANDEZ';
through her attorney, DETISCH & CHRISTENSEN, by D0NAL.D W. DETISCH, as follows:
1. That Judgment in the within action may be entered in the sum and containing the term
and conditions of tfie attached proposed judgment marked Exhibit "A" and by this reference mad
a part of this stipulation; and that litisation expenses, and precondemation damages or othe
damages are waived.
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isues, the making and filbg L of a Statement of Decision, Notice of Entry of Judgment, Notice of
kecording Final Order of Condemnation, and the right to move for a new trial or appeal.
ASARO, KEAGY, FREELAND & MCKTNLEY Special Counsel n
Attorneys for Plaintiff
DETISCH & CHRISTENSEN --
Attorneys for Defendants KELLY
/
Defendant WCTORIA FERbIANDEZ as Trustee under the Fernandez Famlly Trust dated 04/2 1/52
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i
SUPERIOR COURT OF THE STATE OF CALIFORNlA
FOR THE COUNTY OF SAN DIEGO
ZITY OF CARLSBAD, 4 Municipal Corporation,
P1aint.q
V.
VICTORIA FER”DEZ, Trustee, etc.
Defendants.
NO. N78250-1
STIPULATED JUDGMENT
26 Hon. Michael Anello
It appearing to the Court that Plaintiff CITY OF CARLSBAD (hereinafter “CARLSBAD”), by
and through its attorneys of record, RONALD R BACL, City Attorney, and ASARO, IEAGY,
FREELAND & MCKINLEY, Special Counsel, by RICHARD R FREELAND, and Defendant
VICTORIA FERNANDEZ as Trustee under the Fernandez Family Trust dated April 21, 1952,
(hereinafter “FERNANDEZ”), through her attorneys, DETISCH & CHRISTENSEN, by DONALD W.
DETISCH, have stipulated that Judgment as hereinafter set forth and as stipulated to by and between the
parties on June 13,2001, before the Honorable Michael B. Orfield, Department 10 ofthe above-entitled
Superior Court, may be entered; and it fbrther appearins to be a proper case therefor;
If/
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IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condemn the rights, title and interest in real
property as descnjed and depicted in Exhibit “1” to Plaintifps complaint, to which reference is hereby
made and by this reference, said descriptions are made a part hereof as if klly set forth;
2. That the condemnation and taking thereof is for the public purposes set forth in the
Complaint and is necessary for such public use;
3. That the payment to defendant FERfWNDEZ, of the sum of $100,000.00 plus interest
pursuant to Code of Civ. Proc. 3 1268.350 on the principal sum of $100,000 &om July 9, 1998 to the
date of payment and ordinary court costs (ordinary court costs shall include ordinary court costs in
Carlsbad v. Aifchison, San Diego Superior Court Case No. N7825 1 - 1 and Carkbad v. Baker, San Diego
Superior Court Case No. N78249-l), for the taking of the real property and interests in real property,
shall constitute full and hal payment for the condemnation and taking of said real property and interests
in real property, and extinguishes all defendants’ claims which could have been made in this action,
including, but not limited to compensation for improvements, severance damages, litigation expenses,
precondermation damages, other damages, and all defendants’ claims relating to this action;
4. Payment as hereinabove specified is based on the project as planned and constructed and
3s reflected in the “As bilt” plans on file in the office of the Department of Public Works of the City of
Zarlsbad.
5. That said payment as hereinabove specified shall terminate, cancel, and extinguish all liens,
easeholds, and encumbrances of whatsoever nature on said real property;
6. That defendants SAN DIEGO GAS & ELECTRIC COMPANY, AALERT REALTY,
md TITLE INSURANCE AND TRUST COMPANY filed disclaimers and having filed disclaimers, said
Mendants are not entitled to any compensation herein;
7. In addition to the real propem described in the Complaint herein, Defendant
FERNANDEZ shall convey by Grant Deed to the CITY OF CARLSBAD fee title in and to that real
xoperty depicted on Exhibit “A” attached hereto and incorporated herein by this reference;
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
8. That said total sum of $100,000.00 plus interest as allowed by law and ordinary court
costs (ordinary court costs shall include ordinary court costs in CarIsbad v. Aitchison, San Diego
Superior Court Case No. N78251-1 and Carlsbad v. Baker, San Diego Superior Court Case No.
N78249-1) be paid directly to Defendant FERNANDEZ, c/o her attorneys, DETISCH &
CHRISTENSEN, and mailed to DETISCH & CHRISTENSEN, 444 West C Street #200, San Diego,
CA 92101; and
9. That the County Treasurer is herein authorized to issue a warrant to Plaintif€ for the
balance of the principal sum previously deposited with the Court, if any, plus all accrued interest to the
date .of the withdrawals;
10. That Plaintifftake, acquire, condemn and own the interests in said real property referred
to and described herein;
11. That Possession having been taken by Plaintiff on July 9, 1998, all taxes, penalties, costs,
liens, leaseholds, and encumbrances of whatsoever nature which are a lien on said parcel and which are
apportioned to that portion of the fiscal year after said date are hereby canceled pursuant to section 508 1
et seq. of the Revenue and Taxation Code;
12. That trial, the right to triatphearing on the issues, the making and filing of a Statement of
Decision, the right to move for a new trial or appeal, Notice of Entry of Judgment and Notice of
Recording Final Order of Condemnation are waived, and that upon payment to defendants as herein
specified, Plaintif€ shall be entitled to a Final Order of Condemnation.
Dated:
Judge ofthe Superior Court
LEGEND: v7A INDICA ES STRED DEDlcll n0N 0.0 I2 ACRE
( INQIC4TES RECORD DATA PER WP NO. 12096
INDICA ES PORnON OF BRIMNE DRIVE PER SUPERIOR COURT CllSE NO. N78250, RECORDED 06-05-199a, AS flLE NO. 1998-0339280 O.R.
A n LEGAL DESCRIPTION
BASIS OF BEARINGS:
PORnON OF fBlCllOh'AL SEC. 22, T12S R4W, S.B.M.
INDICA ES PORTION OF BRlG4NlWE DRIVE. PER SUPERlOR COURT CASE NO. N78249, RECORDED 06-05-rg98, AS LE NO. r 998-033930 r O. R.
THE MIS OF BEARINGS IS A PORTION OF THE NORTHERLY UNE OF FX%CIlOML SECnON 22,
T12S, R4W, S.B.M., PER M' NO. 13429, 1.E
N 89'57'43-E
8 n
HUNSAKER & ASSOCIATES
s~n DIICO. INC
cucn- 1 nt= 1
DEDICATION
(A u sali =-a15 I On 00-97 I EXHIBIT "B" I I rn. I -- I 6 3/3/02
I. 5
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. .. .( -\
I.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
‘. CITY OF CARLSBAD, A Municipal Corporation,
Plaintif€,
V.
VICTORIA FER”DEZ, Trustee, etc.
Defendants.
NO. N78250-1
STIPULATED JVDGMENT
26 Hon. Michael Anello
It appearing to the Court that PlaintiffCITY OF CARLSBAD (hereinafter “CARLSBAD”), by
and through its attorneys of record, RONALD R BALL, City Attorney, and ASARO, KEAGY,
FREELAND & MCKINLEY, Special Counsel, by RICHARD R. FREELAND, and Defendant
VICTORIA FERNANDEZ as Trustee under the Fernandez Family Trust dated April 21, 1982,
(hereinafter “FERNANDEZ”), through her attorneys, DETISCH & CHRISTENSEN, by DONALD W.
DETISCH, have stipulated that Judgment as hereinafter set forth and as stipulated to by and between the
parties on June 13,200 1, before the Honorable Michael B. Orfield, Department 10 of the above-entitled
Superior Court, may be entered; and it hrther appearing to be a proper case therefor;
Ill
Ill
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IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condemn the rights, title and interest in red
property as described and depicted in Exhibit ‘I 1 ‘I to Plaintiffs Complaint, to which reference is hereby
made and by this reference, said descriptions are made a part hereof as if filly set forth;
2. That the condemnation and taking thereof is for the public purposes set forth in the
Complaint and is necessary for such public use;
3. That the payment to defendant FERWANDEZ, of the sum of$100,000.00 plus interest
pursuant to Code of Civ. Proc. 9 1268.350 on the principal sum of %100,000 from July 9, 1998 to the
date of payment and ordinary court costs (0rdmu-y court costs shall include ordinary court costs in
Carlsbad v. Aitchison, San Diego Superior Court Case NO. N7825 1-1 and Carlsbad v. Baker, San Diego
Superior Court Case No. N78249-1), for the taking of the real property and interests in real property,
shall constitute full and final payment for the condemnation and taking of said real property and interests
in real property, and extinguishes all defendants’ claims which could have been made in this action,
including, but not limited to compensation for improvements, severance damages, litigation expenses,
precondemnation damages, other damages, and all defendants’ claims relating to this action;
4. Payment as hereinabove specified is based on the project as planned and constructed and
as reflected in the “As bilt” plans on file in the office of the Department of Public Works of the City of
Carlsbad.
5. That said payment as hereinabove specified shall terminate, cancel, and extinguish all liens,
leaseholds, and encumbrances of whatsoever nature on said real property;
6. That defendants SAN DIEGO GAS & ELECTRIC COMPANY, AALERT REALTY,
and TITLE INSURANCE AND TRUST COMPANY filed disclaimers and having filed disclaimers, said
defendants are not entitled to any compensation herein;
7. In addition to the real property described in the Complaint herein, Defendant
FERNANDEZ shall convey by Grant Deed to the CITY OF CARLSBAD fee title in and to that real
property depicted on Exhibit “A” attached hereto and incorporated herein by this reference;
fll
2 STIPULATED Km-
*I,
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
8. That said total sum of $100,000.00 plus interest as allowed by law and ordinary court
costs (ordinary court costs shall include ordinary court costs in Cadsbad v. Aitchison, San Diego
Superior Court Case No. N78251-1 and CarZsbad v. Baker, San Diego Superior Court Case No.
N78249-1) be paid directly to Defendant FERNANDEZ, do her attorneys, DETISCH &
CHRISTENSEN, and mailed to DETISCH & CHRISTENSEN, 444 West C Street #ZOO, San Diego,
CA 92101; and
9. That the County Treasurer is herein authorized to issue a warrant to Plaintiff for the
balance of the principal sum previously deposited with the Court, if any, plus all accrued interest to the
date of the withdrawals;
10. That Plaintifftake, acquire, condemn and own the interests in said real property referred
to and described herein;
1 1. That Possession having been taken by Plaintif€ on July 9, 1998, all taxes, penalties, costs,
liens, leaseholds, and encumbrances of whatsoever nature which are a lien on said parcel and which are
apportioned to that portion ofthe fiscal year after said date are hereby canceled pursuant to section 508 1
et seq. of the Revenue and Taxation Code;
12. That trial, the right to trial, hearing on the issues, the making and filing of a Statement of
Decision, the right to move for a new trial or appeal, Notice of Entry of Judgment and Notice of
Recording Final Order of Condemnation are waived, and that upon payment to defendants as herein
specified, Plaintiffshall be entitled to a Final Order of Condemnation.
Dated: 2001
GCfdAEL RS.
Judge of the Supenor Court
The foregoing inatrumsnt 13 a lull. true and correQt copy of the original an file In thlr office.
Attest 8 -a( -d
Clerk of the Superior Gourt of the Stat. of California. in and for ihe County of ST;^ Gio~o. *.* Deputy
c. I
.I
PARCEL ?lm
LEGEND: v7A INDIGIES S?REET DEDlC4TION 0.012 ACRE
( 1 INDICATES RECORD DATA PER MP NO. 12096
INDIGITES PORTION OF BRIGANTINE DRlVE PER SUPERIOR COURT CASE NO. N78250, RECORDED 06-05-1998, AS NLE NO. 7998-0339280 O.R.
INOIOITES PORTION OF BRIGANTINE DRIVE PER SUPERIOff COURT CASE NO. N78249.
A n
RECORDED 06-05-1998, AS FILE NO. 1998-033930 1 O.R.
INDICATES SLOPE GSEMENT PER SUPE?lOR COURT CASE NO. N78250, RECORDED
06-05- 1998, AS FILE NO. 1998-0339280 0. R.
A
HUNSAKER
Cj, ASSOCIATES
SAM oitca INC
c1 2020’42’ 372.00 I 110.79
c2 0743’12* 312.00 142.04’
LEGAL DESCRIPTION
PORnON OF fR4CnOML SEC. 22, T12S. R4W,
BAS’S OF BEARINGS:
JHE &ISIS OF BGMNGS IS A PORTION OF THE NORWERLY UNE of FR4CnONAL SECnON 22. TlZS, R4W, SB.M., PER hMP NO. 13429, I.€
N 89’57’432
VICINITY w
Now
[ 0 v)
lY I
S. 8. M.
SHEET 1 OF 1
STREET DEDICATION PUT - CIly OF WLSBW
PREPARED By: I PROJECT: I A.P.N.:
November 5,2001
TO: City Clerk
FROM: City Attorney
CITY V. FERNANDEZ
Attached is a copy of the Final Order of Condemnation in the above referenced action.
Please make this a part of your permanent records. As soon as it is available, I will
send you the recorded information.
SECRETARY TO CITY ATTORNEY
attach men t