HomeMy WebLinkAbout1996-03-12; City Council; Resolution 96-811
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RESOLUTION NO. 96-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
APPROVAL OF THE SETTLEMENT OF THE LAWSUIT
ENTITLED CITY OF CARLSBAD V. BONS, CASE NO.
N68254-1
WHEREAS, on recommendation of the City Attorney ai
special condemnation counsel, the City Council of the City (
Carlsbad, California has determined that a settlement in thc
entitled Citv of Carlsbad v. Bons is in the public interest,
WHEREAS, the City Council approves the settlement
reached in court to acquire this parcel for $30,000 and appi
the stipulated judgment to resolve this condemnation action
developer will pay for the acquisition pursuant to a previoi
agreement in connection with the approval of the Villa Loma
affordable housing project.
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California, as follows:
1. That the above recitations is true and correct
2. That the City Council approves the stipulated
judgment and authorizes its attorney to so stipulate in the
lawsuit entitled City of Carlsbad v. Bons, et al, San Diego
Superior Court Case No. N68254-1 in the form attached heretc
3. That the City Council authorize the City Cler)
record the judgment.
4. That the City Council direct the responsible
departments to maintain the acquired easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting
the City Council of the City of Carlsbad on the 12th d;
of MARCH , 1996, by the following vote, to wit:
AYES : Council Members Lewis, Finnila, Hall
NOES : None
ABSENT: Council M
ATTEST:
ALETHA L. wvlerk
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‘3 A;-J 2 ’VI: -
Jer”
FEB 2 0 1996
Sy: S ZEF’,\AFC‘ -j- i
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, ) NO. 68254-1
A Municipal Corporation, 1
1
) STIPULATED JUDGMEIS
Plaintiff, ) 1
V. 1 1
ANTHONY BONS; DICKY BOW; 1 ANTHONY BONS AND DICKY 1
KOOREVAAR BONS, CO-TRUSTEES 1 UNDER THAT CERTAIN REVOCABLE 1
DECLARATION OF TRUST, DATED 1 MAY 25, 1982 AND DESIGNATED 1
THE ANTHONY BONS AND DICKY )
KOOREVAAR BONS REVOCABLE )
LIVING TRUST; SOUTHERN CITIES 1 ESCROW COMPANY, A Corporation; 1
HENRY SILVER; EDITH SILVER; 1 DOROTKY STEVENS, &a 1
SUNFRESH ROSES FLORIST; 1
PONTO FLORAL, INC. ; 1 and, DOES 1 Through 50, 1
Inclusive, 1 1
Defendants. ) 1
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It appearing to the Court that Plaintiff CITY OF CJ
through its attorneys of record, RONALD R. BALL, City AttorI
ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel, by RI(
FREELAND, and Defendants ANTHONY BONS, DICKY SONS, ANTHONY I
DICKY KOOREVAAR BONS, CO-TRUSTEES 'JNDER THAT CERTAIN REVOCI
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE
BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, throuc
attorney, MICHAEL B. MCDONNEU, have stipulated that Judc
hereinafter set forth may be entered; that Defendants HENRY
EDITH SILVER, DOROTHY STEWS &a SUNFRESH ROSESpORIST, ai
FLORAL, INC. were defaulted; that Defendant SPRING MOUNTAI?
CORPORATION, successor in interest to SOUTHERN CITIES
COMPANY, A Corporation filed a disclaimer of interest;
further appearing to be a proper case therefor;
IT IS ORDERED, ADJUDGE33 ANI) DECREED:
I. That Plaintiff seeks to take, acquire and cond
rights, title and interest in real property as described in
"A1* to Plaintiff's Complaint, to which reference is hereby r
by this reference, said descriptions are made a part herec
fully set forth;
2. That the condemnation and taking thereof is for tht
purposes set forth in the Complaint herein and necessary f
public use;
3. That the payment to Defendants ANTHONY BONS, DICE
ANTHONY BONS AND DICKY KOOREVAAR BONS, CO-TRUSTEES UND
CERTAIN REVOCABLE DECLARATION OF TRUST, DATED MAY 25, 1982
Jdg:CASSIA.ord C145.16(02/20/96 L:4Sprn) 2
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DESIGNATED THE ANTHONY BONS AND DICKY KOOREVAAR BONS RE
LIVING TRUST, in the sum of $30,000.00, for the taking of tt-
property and interests in real property, shall constitute f
final payment for the condemnation and taking of said real E
and interests in real property, and extinguishes all Defe
claims which could have been made in this action, including,
limited to interest, fees, costs, litigation e,
precondemnation damages, or other 'damages;
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4. That said payment as hereinabove specifiec
terminate, cancel, and extinguish all liens, leaseholc
encumkrances of whatsoever nature on said real property;
5. That Defendants XENRY SILVER, EDITH SILVER,
STEVENS dba SUNFRESH ROSES FLORIST, and PONTO FLORAL, 15
served with a Summons and Complaint In Eminent Domain, anc
failed to respond were defaulted and having been default€
defendants are not entitled to any compensation herein;
6. That Defendant SPRING MOUNTAIN ESCROW CORP(
successor in interest to SOUTHERN CITIES ESCROW COMl
Corporation, filed a disclaimer of interest and is not ent
any compensation herein;
IT IS E'URTEER ORDERED, ADJUDGED AND DECREED:
7. That said total sum of $30,000.00 be distrik
Defendants ANTHONY BONS, DICKY BONS, ANTHONY BONS AN
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABLE DEC
OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE ANTHONY I
DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, in care c
attorneys, MICHAEL B. MCDO"EU, as follows:
Jdg:CASSIA.ord C145.16(02/20/96 1:4Spm) 3
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(a) . That the sum of $20,400 - 00 has previously bee
deposited with the Court, and the County Treasurer i
herein authorized to issue a warrant to Defendant
ANTHONY BONS, DICKY BONS, ANmONY BONS AND DICE
KOO€?EVA?& BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABI
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATE
THE ANTHONY BONS AM) DICKY KOOREVAAR BONS REVOCABI
LIVING TRUST, in the sum of $20,400.00;
(b). That Plaintiff pay directly to Defendant
ANTHONY BONS, DICKY BONS, ANTHONY BONS AND DICI
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABI
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATI
THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCABI
LIVING TRUST, the sum of $9,600.00;
8. That Plaintiff seeks to take, acquire, condemn
the interests in said real property referred to and dc
herein;
9. That trial, the right to trial, hearing on the iss
making and filing of a Statement of Decision, the right to m
a new trial or appeal, Notice of Entry of Judgment and Nc
Recording Final Order of Condemnation are waived, and that
payment to Defendants as herein specified, that Plaintiff
entitled to a Final Order of Condemnation.
Dated: FEB 2 0 9% Tlla!HMRMURPHY
Judge of the Superior Court
Jdg:CASSIA.ord C145.16(02/20/96 1:45pm) 4
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RONALD R. BALL, City Attorney CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad; CA 92008-1989 FEB 2 0 1996
ASARO, KEAGY, FREELAND & MCKINLEY 'L"z ::,\:;--'E; qe\,,Ty
;<F!...z'.. ? '$,IkS ,"E 1' F c,2,: \I -.. -a . -' '
By:
By: Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(619) 297-3170
Attorneys for Plaintiff CITY OF CARLSBAD
ROSCOE D. KEAGY, State Bar No. 325418Y.s -'-
RICHARD R. FREE=, State Bar No. 64092
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR TH6 COfTNTy OF SAN DIEGO
NO. 68254-1 1 CITY OF CARLSBAD, 1
A Municipal Corporation, 1
1 1 Plaintiff, 1
1
1 ANTHONY BONS; DICKY BONS; 1
ANTI-IONy BONS AND DICKY 1
KOOREVAAR BONS, CO-TRUSTEES 1
UNDER THAT CERTAIN REVOCABLE 1
DECLARATION OF TRUST, DATED 1 MAY 25, 1982 AND DESIGNATED
1 THE ANTHONY BONS AND DICKY
1 KOOREVAAR BONS REXOCABLE 1
LIVING TRUST; SOUTHERN CITIES 1 ESCROW COMPANY, A Corporation; 1
HENRY SILVER; EDITH SILVER; 1
DOROTHY STEVENS, &a 1
SUNFRESH ROSES FLORIST; 1
pONT0 FT,LIF?AL, INC. ; 1 and, DOES I Through 50,
1 Inclusive, 1
1 1
STIPULATION FOR JU
V. 1
Defendants.
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IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, t:
its attorneys of record, RONALD R. BALL, City Attorney, and
KEAGY, FREELAND & MCKINLEY, Special Counsel, by RICm
FREEL,,A"D, and by Defendants ANTHONY BONS, DICKY BONS, NHON
AND DICKY K0OEVAA.R BONS, CO-TRUSTEES UNDER WT CERTAIN RE\
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE 1
BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, througl
attorney, MICHAEL B. MCDONNELL as follows:
That the Stipulated Judgment attached hereto as
"A" and incorporated herein by this reference, shall be
forthwith.
1.
2. That Defendants ANTHONY BONS, DIC'KY BONS, ANTHO
AND DICKY KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN RE
DECLARATION OF TRUST, DATED MAY 25, 1982 ANI) DESIGNATED THE
BONS AND DICKY KOOEtEVAAR BONS REVOCABLE LIVING TRUST, here1
trial, the right to trial, hearing on the issues, the mak
filing of a Statement of Decision, Notice of Entry of J1
Notice of Recording Final Order of Condemnation, and the
move for a new trial or appeal.
Dated: p-a. 20- 1996 ASARO, KEAGY, FEU3ELAND 6c MC
@QQm.KL( BY Richard R. Freeland
Attorneys for Plaintiff
@? 19% Dated:
JDG:CASSIA-STP c14s.16(01/24/96 8:41am) 2
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SUPERIOR COURT OF THE STAm OF CALIFORNIA
FOR TSX CO- OF sm DxEW
WO. 68254-1 1
1 A Municipal corporation, )
) 1 STIPULATED JUDGmP.
Plaintiff, )
1 v. )
1
) 1 1
DECLARATION OF TRUST, DATED 1 my 25, 1982 AND DESIGNATED 1 THE. .~NTHONY a0NS AND DICa
) ~00~~ EONS REVOCABLE 1 LIVING TRUST; SO- CITIES 1 ESCROW COMPANY, A Corporation; 1
my SILVEX; EDITH SILVER; 1 DOROW STEVENS, &a 1 sTJ"FRESH ROSES FLORIST; 1 po~T0 !TiLORAL, INC. ; 1 and, DOES 1 Tfurough 50, 1 Inclusive, 1 1 1
crn OF CARLSBAD,
-0Ny BONS; DICKY BONS;
~~ONy BONS AND DICKY
EtOOREvAAR BONS, CO-TRUSTEES mER WT CERTAIN ~O~L~ 1
Defendants.
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EXHIBIT I&t
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e e
It appearing to the Court that PLaintiff CITY OF CAR
through its attorneys of record, RONALD R. BALL, City Attorne
ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel, by RICH
FREELAND, and Defendants ANTHONY BONS, DICKY BONS, ANTHONY BC
DrCKY KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCAE
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE j
BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, throug
attorney, MICHAEL B. MCDONNELL, have stipulated that Judgn
hereinafter set forth may be entered; that Defendants HENRY (
EDITH SILVER, DOROT= STEVENS &a SmmSH ROSES FLORIST, an
FLORAL, INC. were defaulted; that Defendant SPRING MOUNTAIN
CORPORATION, successor in interest to SOUTHERN CITIES
COMPANY, A Corporation filed a disclaimer of interest;
further appearing to be a proper case therefor;
ST IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and conc
rights, title and interest in real property as described in
"Af1 to Plaintiff's Complaint, to which reference is hereby
by this reference, said descriptions are made a part here
fully set forth;
2. That the condemnation and taking thereof is for tk
purposes set forth in the Complaint herein and necessary
public use;
3. That the payment to Defendants ANTHONY BONS, DI(
ANTHONY EONS AND DICKY KOOWAAR BONS, CO-TRUSTEES UN
CERTAIN REVOCABLE DECLARATION OF TRUST, DATED lyAY 25, 198
Jdg:CASSIA.ord C145.16(02/20/96 1:43pm) 2
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DESIGNATED "HE ANTHONY BONS AND DICKY KOOREVM BONS mvc
LIVING TRUST, in the sum of $30,000.00, for the taking of the
property and interests in real property, shall constitute fu
final payment for the condemnation and taking of said real prc
and interests in real property, and extinguishes all Defeni
claims which could have been made in this action, including, k
limited to interest, fees, costs, litigation e-
precondemnation damages, or other damages;
4. That said payment as hereinabove specified
terminate, cancel, and extinguish all liens, leasehold.
encumbrances of whatsoever nature on said real property;
5. That Defendants EIEMiY SILVER, EDITH SILVER,
STEVENS dba SUNFRESH ROSES FLORIST, and PONTO FLORAL, IN(
served with a Summons and Complaint In Eminent Domain, and
failed to respond were defaulted and having been defaulte
defendants are not entitled to any compensation herein;
6. That Defendant SPRING MOUNTAIN ESCROW CORN
successor in interest to SOUTHERN CITIES ESCROW COM
Corporation, filed a disclaimer of interest and is not ent
any compensation herein;
IT IS F7JRTEER ORDERED, ADJUDGED ANI) DECRgD:
7. That said total sum of $30,000.00 be distri
Defendants ANTHONY BONS, DICKY BONS, ANTHONY BONS AT
KOOREXAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABLE DE'
OF TRUST, DATED MAY 25, 1982 AM) DESIGNATED THE ANTHONY
DICKY KOOREVAlUi BONS REVOCABLE LIVING TRUST, in care
attorneys, MICHAEL B. MCDONNELL, as follows:
Jdg:CASSIA.ord C145.16 (02/20/96 l:42pm) 3
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(a) . That the sum of $20,400.00 has previously been
deposited with the Court, and the County Treasurer is
herein authorized to issue a warrant to Defendants
ANTHONY EONS, DICKY BONS, ANTHONY BONS AND DICKY
KOOREVAAR BONS, CO-TRUSTEES UNDEX THAT CERTAIN REvOCABI;E
DECLPLRATION OF TRUST, DATED MAY 25, 1982 AM3 DESIGNATED
THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCABLE
LIVING TRUST, in the sum of $20,400.00;
(b). That Plaintiff pay directly to Defendant5
ANTHONY BONS, DICKY BONS, ANTHONY BONS AND DICK'
KOOREXAAF!. BONS, CO-TRUSTEES UNDER THAT CERTAIN ~OCABL
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATE
THE ANTHONY SONS AND DICKY KOOREVAAR BONS REVOCXIL
LIVING TRUST, the sum of $9,600.00;
8. That Plaintiff seeks to take, acquire, condemn
the interests in said real property referred to and d
herein;
9. That trial, the right to trial, hearing on the iss
making and filing of a Statement of Decision, the right to n
a new trial or appeal, Notice of Entry of Judgment and N
Recording Final Order of Condemnation are waived, and that
payment to Defendants as herein specified, that Plaintiff
entitled to a Final Order of Condemnation.
Dated:
Judge of the Superior Cour
Jdg:CASSIA.ord C145.16(01/25/96 LZ:USpm)4