HomeMy WebLinkAbout3190; |Gaspare|Oliveri|Pasquale|Santo|; 2004-1137562; CondemnationRECORDING REQUESTED BY:
ASARO KEAGY FREELAND McKINLEY & BARTZ LLP
By: RICHARD R. FREELAND, ESQ., SBN: 64092
3170 Fourth Avenue, 4™ Floor
San Diego, CA 92103
Telephone: (619) 297-3170
Facsimile: (619)299-4268
AND WHEN RECORDED MAIL TO:
ASARO KEAGY FREELAND McKINLEY & BARTZ LLP
By: RICHARD R. FREELAND, ESQ., SBN: 64092
3170 Fourth Avenue, 4™ Floor
San Diego, CA 92103
Telephone: (619) 297-3170
Facsimile: (619) 299-4268
EXEMPT FROM FILING FEES PER GOVT. CODE § 6103
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON DEC 02. 2004
DOCUMENT NUMBER 2004-1137562
GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
TIME: 2:48 PM
This Space for Recorder's Use Only
FINAL ORDER OF CONDEMNATION
GAljnk\FORM\lTNORDEK\COVER WPI>
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN DIEGO
10 NORTH COUNTY BRANCH
11 CITY OF CARLSBAD, ) CASE NO. GIN 032094-1
a Municipal Corporation, ) Complaint Filed: August 19,2003
12 )
Plaintiff, ) FINAL ORDER OF
13 ) CONDEMNATION
v- )
14 ) Assessor's Parcel No.
PASQUALE OLIVER; SANTO OLIVERI; ) 223-030-56
15 GASPARE OLIVERI; and all persons unknown )
claiming an interest in the property described in the ) Judge: Hon. Lisa Guy-Schall
16 Complaint; and DOES 1 through 100, inclusive, ) Dept.: 31
) Trial: August 6, 2004
17 Defendants )
18
19 It appearing to the Court that judgment in condemnation has been entered in the above-entitled
20 action on September 2, 2004, adjudicating that Plaintiff is entitled to take by condemnation the
21 property described hereinbelow and in accordance with said Judgment, Plaintiff has paid the sum
22 of money due;
23 NOW, THEREFORE, IT IS HEREBY ORDERED, AD JUDGED, AND DECREED that
24 the real property and real property interests situated in the County of San Diego, State of California,
25 and more particularly described in Exhibit A attached hereto and made a part hereof, be condemned
26 to Plaintiff for the purpose of the construction and operation of the Rancho Santa Fe Road Phase 2
27 Project.
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FINAL ORDER OF CONDEMNATION
G \kmk\CARLSBAD\Oliver\Pldg\Finil Ord wpd 8/13/03 3:25 PM 1
1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this
2 Order be recorded in the Office of the County Recorder of the County of San Diego, State of
3 California, and thereupon, the interests in said property as described in Exhibit A shall vest in
4 Plaintiff.
5 Dated: tM > 9 HH LISA SUY-SCHALL
Judge of the Superior Court
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«•;:/ offer $&,V:a on &? in this iiScs.
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i , C'srV d to: S'j5'i' tcr Court c-f tin Slate cf Cvi^r-;^,
^ ind for 6!^rafV!y c^sn uisav.
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FINAL ORDER OF CONDEMNATION
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EXHIBIT - A
PR 02-13
EXHIBIT "A*
OLIVER, OLIVERI AND OLIVERI
PROPERTY ACQUISITION
THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179. IN THE CfTY OF
CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 27,1980 AS
FILE NO. 80-204502 OF OFFICIAL RECORDS.
LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF RANCHO SANTA
FE ROAD AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF
QUESTHAVEN ROAD IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP
12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF CARLSBAD. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
AREA = 0.555 ACRES.
THE ABOVE DESCRIPTION IS BASED ON THE LEGAL DESCRIPTION IN THE
PRELIMINARY REPORT ISSUED BY FIRST AMERICAN TITLE INSURANCE
COMPANY DATED AUGUST 28,2000 AS ORDER NO. 1249539.
SIGNATURE /wMj DATE:
MICKEY B. AGLMRRE, RCE 27648
EXP. MAROH 3W. 2008
r - 100'
PAR, A
PM. 12104
LOT 1
MAP 7736
COUNTY HIGHWAY EASEMENT
PER DEED RECORDED APRIL 7.
1966 AS FILE NO. 50540 OJR.
\gl 20* ROAD AND UTILITY EASEMENT _
SAN MARCOS COUNTY WATER DISTRICT
RECORDED JULY 16. 1956 IN BOOK 7167.
PAGE 446 O.R.
(D R/W AND PIPELINE EASEMENT TO SAN MARCOS \
COUNTY WATER DISTRICT RECORDED SEPTEMBER \
23. 1980 AS FILE NO. BO-30B501 OR. x
3) WATER AND DRAINAGE EASEMENT TO SAN MARCOS
COUNTY WATER DISTRICT RECORDED AUGUST 20,
1981 AS RLE NO. 01-266030 O.R.
£) DRAINAGE EASEMENT TO SAN DIEGO COUNTY FLOOD
CONTROL DISTRICT, ZONE 1, RECORDED JULY 20, 1973
AS FILE NCX 73-202191 O.R.
SEWER EASEMENT TO SAN MARCOS COUNTY WATER
DISTRICT RECORDED AUGUST 27, 1973 AS FILE
NO. 73-241670 O.R.
ACUIRRE * ASSOCIATES
026S COMMERCIAL STREET. SUITE I
LA MESA, CA S1942
PH: (t11)464~B97e
"ML ENCINEinNC •SURVCTMC -LAND PLANNING
LEGEND
BOUNDARY APN 223-O3O-56
AREA - 37.220 SF CaO55 AC.)
RANCHO SANTA FE ROAD
PUT FOR PROPERTY ACQUISITION
OUVW. OUVCT AW OUVEM
DATE
PROJECT NO.
3190
PR 02-13
EXHIBH
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SHT. i or i
RONALD R. BALL, State Bar No. 74105 EXEMPT FROM FILING FEES PER GOVT. CODE § 6103
City Attorney
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
ROSCOE D. KEAGY, State Bar No. 32541
RICHARD R. FREELAND, State Bar No. 64092
ASARO KEAGY FREELAND McKINLEY & BARTZ LLP
3170 Fourth Avenue, 4th Floor
San Diego, C A 92103
Telephone: (619) 297-3170
Facsimile: (619) 299-4268
8 Attorneys for Plaintiff CITY OF CARLSBAD
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SAN DIEGO
11 NORTH COUNTY BRANCH
12 CITY OF CARLSBAD, ) Case No. GIN 032094-1
13 Plaintiff, ) DECLARATION OF SERVICE
14 v. )
15 PASQUALE OLIVER, et al., )
)16 Defendant. )
18 I, the undersigned, declare that I am over the age of 18 and not a party to the within action.
I am employed in the County of San Diego, State of California. My business address is: ASARO
19 KEAGY FREELAND McKINLEY & BARTZ LLP, 3170 Fourth Avenue, Fourth Floor, San Diego,
California 92103.
20
On December 1, 2004,1 served the document(s) described as:
21
FINAL ORDER OF CONDEMNATION
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_X__ (BY MAIL): I caused each such envelope(s), with postage thereon fully prepaid, to be
23 placed in the United States mail at San Diego, California. I am readily familiar with this
firm's business practice for collection and processing of correspondence for mailing with the
24 U.S. Postage Service pursuant to which practice the correspondence will be deposited with
the U.S. Postal Service this same day in the ordinary course of business (C.C.P. Section
25 1013(a); 2015.5):
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1 Thomas M. Tomlinson. Esq.
LEGLER & TOMLINSON
2 231 Fourth Avenue
Chula Vista, CA 91910
3 Telephone: (619) 426-9070
Facsimile: (619) 426-6666
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5 (BY FEDERAL EXPRESS): I caused the above-described document(s) to be delivered via
overnight delivery (Federal Express), by placing a copy in a separate Federal Express mailer
6 and attached a completed Federal Express air bill, with Standard Overnight delivery/Priority
Delivery requested, and caused said mailer to be deposited in the Federal Express collection
7 box at San Diego, California.
8 (BY PERSONAL SERVICE): I caused such envelope to be delivered by hand to the
offices of the addressee:
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(BY FACSIMILE): I caused such document(s) to be served on all parties to this action via
10 facsimile at facsimile number: (619) 426-6666. (C.C.P. Section 1012.5).
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I declare under penalty of perjury under the laws of the State of California that the foregoing
12 is true and correct. Executed on December 1, 2004 at San Diego^California.
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RONALD R. BALL, State Bar No. 74105
City Attorney
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, C A 92008-1989
ROSCOE D. KEAGY, State Bar No. 32541
RICHARD R. FREELAND, State Bar No. 64092
ASARO, KEAGY, FREELAND & McKINLEY
3170 Fourth Avenue, 4lh Floor
San Diego, C A 92103
Telephone: (619) 297-3170
Facsimile: (619) 299-4268
Attorneys for Plaintiff CITY OF CARLSBAD
EXEMPT FROM FILING PELS PER GOVT. CODE § 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
NORTH COUNTY BRANCH
CITY OF CARLSBAD,
a Municipal Corporation,
Plaintiff,
v.
PASQUALE OLIVER; SANTO OLIVERI;
GASPARE OLIVERI; and all persons unknown
claiming an interest in the property described in the
Complaint; and DOES 1 through 100, inclusive,
Defendants
CASE NO. GIN 032094-1
Complaint Filed: August 19, 2003
STIPULATION FOR
JUDGMENT
Assessor's Parcel No.
223-030-56
Dept.: 31
Judge: Hon. Lisa Guy-Schall
Trial: August 6,2004
IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, through its attorneys of
record, ASARO KEAGY FREELAND McKINLEY & BARTZ LLP, Special Counsel, by Richard
R. Freeland, Esq., and Defendants PASQUALE OLIVER (sic); SANTO OLIVERI; and GASPARE
OLIVERI (collectively "OLIVERI"), through their attorneys of record, LEGLER & TOMLINSON,
by Thomas M. Tomlinson, Esq., as follows:
1. That judgment in the within action may be entered in the sum and containing the
terms and conditions of the attached proposed judgment marked Exhibit "A" and by this reference
made a part of this stipulation; and
G:\kmk\CARLSBAD\Oliver\Pldg\Stip4 Jdgmt wpd 8/10/04 9:12 AM 1 STIPULATION FOR JUDGMENT
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2. That Plaintiff CITY OF CARLSBAD and Defendants OLIVERI hereby waive trial,
the right to trial, hearing on the issues, the making and filing of a statement of decision, notice of
entry of judgment, notice of recording final order of condemnation, and the right to move for a new
trial or appeal based on the terms of the stipulated judgment.
IT IS SO STIPULATED.
Dated: &>/ 3 !/*>*• ASARO KEAGY FREELAND McKINLEY
/ / LLP x N( \
^—^ j \S*~*\ X*""* S~\ I J
Bv: {T^t/l.^-Z^^*-^
Roscoe D. Keagy, Esq.
Richard R. Freeland, Esq.
/ / Special Counsel for Plaintiff
/ / CITY OF CARLSBAD
Date: fr/'^/d^ LEGLER & TOMLMSON
& BARTZ
/ </
Th6mas p.T'bmlinson, Esq.
Xlforneys/for Defendants PASQUALE OLIVER;
/SANTO-OLIVERI; and GASPARE OLIVERI
/] .r^? J //?
Dated: |0^ - J2 3 - 2&CV /C^7^' 6^C'l/^~-'
PASQUALE'OLIVERI
' JVC / ^^s^?~s?^l++^/ ^^^ '
Dated: Off- 2. 3 - 2** V J^^-/-/S?-__ <r^-~2>T <^
SANTO QUVERI ^)/? /—/Tr / //' jS/jf/1 .</, ^ /s*-fls7jrji?
Dated: 0 V~ ^ 3 ' Z*> ^ ^^^/f ^f^
GA^PARZOLIVERf' "
y
^^-J
^
i
G:\kmk\CARLSBAD\Oliver\Pldg\Stip 4 Jdgmt.wpd 8/10/04 9:12 AM 2 STIPULATION FOR JUDGMENT
EXHIBIT - A
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EXEMPT FROM FILING FEES PER GOVT. CODE § 6103RONALD R. BALL, State Bar No. 74105
City Attorney
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
ROSCOE D. KEAGY, State Bar No. 32541
RICHARD R. FREELAND, State Bar No. 64092
LINDA D. BARTZ, State Bar No. 125804
ASARO KEAGY FREELAND McKINLEY & BARTZ LLP
3170 Fourth Avenue, 4th Floor
San Diego, CA 92103
Telephone: (619) 297-3170
Facsimile: (619) 299-4268
Attorneys for Plaintiff CITY OF CARLSBAD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
NORTH COUNTY BRANCH
CITY OF CARLSBAD,
a Municipal Corporation,
Plaintiff,
v- )
PASQUALE OLIVER; SANTO OLIVER!; )
GASPARE pLIVERI; and all persons unknown )
claiming an interest in the property described in the )
Complaint; and DOES 1 through 100, inclusive, )
CASE NO. GIN 032094-1
Complaint Filed: August 19, 2003
STIPULATED JUDGMENT
Assessor's Parcel No.
223-030-56
Dept.: 31
Judge: Hon. Lisa Guy-Schall
Trial: August 6,2004
Defendants )
It appearing to the Court that Plaintiff CITY OF CARLSBAD, through its attorneys of record,
ASARO KEAGY FREELAND McKINLEY & BARTZ LLP, Special Counsel, by Richard R.
Freeland, Esq., and Defendants PASQUALE OLIVER (sic); SANTO OLIVERI; and GASPARE
OLIVERI (collectively "OLIVER!"), through their attorneys of record, LEGLER & TOMLINSON,
by Thomas M. Tomlinson, Esq., have stipulated that the Judgment as hereinafter set forth may be
entered; and it further appearing to be a proper case therefor;
G:\kmk\CARLSBAD\Oliver\Pldg\Stipd-Jdgmt.wpd 8/13/04 8:31 AM STIPULATED JUDGMENT
1 IT IS ORDERED, ADJUDGED AND DECREED:
2 1. That Plaintiff take, acquire and condemn the rights, title and interest in the real
3 property described and depicted in the Final Order of Condemnation, the form of which is attached
4 hereto as Exhibit A;
5 2. That the condemnation and taking thereof are for the public purposes set forth in the
6 Complaint on file herein, and are necessary for such public use;
7 3. That the payment to Defendants OLIVERI, of the sum of $70,000.00, plus interest
8 provided by California Code of Civil Procedure § 1268.310 and ordinary costs, for the taking of the
9 real property as described in the Final Order of Condemnation shall constitute full and final payment
10 for the condemnation and taking of said real property and interests in real property, and extinguishes
11 all Defendants' claims which could have been made in this action, including but not limited to, just
12 compensation for property taken, attorneys' fees, litigation expenses, precondemnation damages,
13 claims for inverse condemnation, and all other damages and claims relating to this action;
14 4. That said payment as hereinabove specified shall terminate, cancel, and extinguish
15 all liens, leaseholds and encumbrances of whatsoever nature against the property taken.
16 IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
17 That payment shall be made to Defendants OLIVERI, as follows:
18 1. Plaintiff CITY OF CARLSBAD shall pay to Defendants OLIVERI, within thirty (30)
19 days after the date of this Judgment, the principal sum of $70,000.00, plus interest in the amount of
20 $1,080.00 and ordinary costs in the amount of $2,810.84, for a total sum of $73,890.84.
21 2. That said total sum of $73,890.84. shall be distributed to Defendants as follows:
22 (A) That the sum of $ 11,100.00 has previously been deposited with the San Diego
23 Superior Court and the San Diego County Treasurer is hereby ordered to issue a warrant to
24 Defendants PASQUALE OLIVERI; SANTO OLIVERI; and GASPARE OLIVERI, in the sum of
25 $11,100.00, and mail same to LEGLER & TOMLINSON, Attn: Thomas M. Tomlinson, Esq., 231
26 Fourth Avenue, Chula Vista, CA 91910.
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G:\kmk\CARLSBAD\Oliver\Pldg\Slipd-Jdgmt.wpd 8/13/04 8:40 AM -^ STIPULATED JUDGMENT
1 (B) That Plaintiff pay directly to Defendants PASQUALE OLIVERI; SANTO
2 OLIVERI; and GASPARE OLIVERI, the sum of $62,790.84, and mail same to LEGLER &
3 TOMLINSON, Attn: Thomas M. Tomlinson, Esq., 231 Fourth Avenue, Chula Vista, CA 91910.
4 (C) That the San Diego County Treasurer is herein authorized to issue a warrant
5 to Plaintiff CITY OF CARLSBAD for the principal sum, if any, remaining on deposit, plus all
6 accrued interest, if any remaining on deposit, and direct said warrant to Plaintiff CITY OF
7 CARLSBAD, c/o ASARO KEAGY FREELAND McKINLEY & BARTZ LLP, Attn: Richard R.
8 Freeland, Esq., 3170 Fourth Avenue, 4th Floor, San Diego, CA 92103.
9 3. That upon payment of this Judgment as provided in Paragraph 1, Plaintiff shall be
10 entitled to a Final Order of Condemnation in the form attached hereto as Exhibit A, and upon
11 issuance of said Final Order, Plaintiff shall take, acquire, condemn, and own the interests in said real
12 property, referred to and described therein;
13 4. That possession having been taken by Plaintiff on September 27, 2003, as to the
14 property described in the Final Order of Condemnation, all taxes, penalties, costs, liens, leaseholds,
15 and encumbrances of whatsoever nature which are a lien on said property, and which are apportioned
16 to that portion of the fiscal year after said date are hereby canceled pursuant to Section 5081, et seq.
17 of the Revenue and Taxation Code; and
18 5. That trial, the right to trial, hearing on the issues, the making and filing of a statement
19 of decision, the right to move for a new trial or appeal, notice of entry of judgment, notice of
20 recording a final order of condemnation are waived, and that upon payment to Defendants OLIVER!,
21 as herein specified, Plaintiff shall be entitled to this Court's making of the Final Order of
22 Condemnation. USA GUY'SCHALi
23 Dated: SEP 0 2
Judge of the Superior Court
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EXHIBIT - A