HomeMy WebLinkAboutCARLSBAD MUNICIPAL WATER DIST.V.KAISER; 1991-04-16;0 G a
JENNINGS, ENGSTRAND & HENRIKSON
A PROFESSIONAL LAW CORPORATION
501 WEST BROADWAY
PAUL D ENGSTRAND JEAN E SKRIPEK SUITE 1400 W H JENNIN JOHN H WHITNEY
CHARLES F GORDER. SR DEARING D ENGLISH WALLACE R PECK NANCY FULLER JACOBS ROSS M PYLE KEVIN0 BUSH URBAN J SCHREINER SUSAN C STEVENSON ANTON DlMlTROFF ROBERT C HAWKINS LARRY L MARSHALL PATRICIA JO CUSTER DIANE M SULLIVAN SHELDON A WILENSKY C MICHAEL COWETT VICTOR MlZRACHl GEORGE J BERGER KERIA BUCK BRUCE W BEACH LISATORRES -
JOSEPH L MARSHALL SUSAN K WEAVER
MICHAEL A VAN HORNE LINDA J HOOVER CRAIG S ENGSTRAND ANDREW L KOZLOWSKI
ANN POPPE CHARLES L STOTT
TELEPHOI GERARD SMOLIN. JR KAREN M STUCKEY DAVID E HUSTWICK GENE ROMAN
WILLIAM A JOHNSON. JR SHEILA O'HARE (619) 557 71 ELIZABETH C ELDRIDGE LINDA P LUCAL -
FAX' (619) 557 SHERYL TATAR DACSO BRUCE D POOLE LINDA G HOBBS JOHN M APPELBAUM
GERALD N SlMS GREGORY V MOSER DEBRA K MAURER JORDAN D WARSHAW
PETER L DUNCAN STEPHEN D LIPKIN JANETE SOBEL
WILSON A SCHOOLEY less 198:
SAN DIEGO, CALIFORNIA 92101 -
LEO P B HENRI
OF COUNSI -
HON JAMES L I
OF COUNSI
ARLENE PRATER PAULA N GRAHAM n KENNETH BR/
OF COUNSI
RICHARD G OPPER KELLl LYNN April 16, 1991 -
ROSS FRANK H A HYSLOP HlGGlNS p, E c E \ v q c -
WRITER'S DIRE i
(619) 55:
Mr. Vincent Biondo, Jr. City Attorney City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Re: Carlsbad Municipal Water District v. Gilbert J. Kaiser San Diego County Superior Court Case No. N 44067
Dear Mr. Biondo:
Enclosed please find a copy of the Final Order of Condemnation and Judgment in Condemnation After Jury Trial
recorded on March 20, 1991, Recorder's File Nos. 91-0123077 and
91-0123078, respectively. We are forwarding these documents to
you for keeping with the City of Carlsbad's records inasmuch as they evidence ownership in the property acquired through condemnation.
Should you have any questions regarding this matter, please
contact the undersigned at your convenience.
Very truly yours,
JENNINGS, ENGSTRAND & HENRIKSON
A Professional Law Corporation
a2u-kLc3. w Bruce W. Beach
BWB:EJ Enclosures
CA:\biondo)
,1784 ~- m .,
“3” Paar * gSEL3 , ‘ 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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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH
CARLSBAD MUNICIPAL WATER ) Case No. N 44067
DISTRICT, 1 1 Plaintiff, 1 JUDGMENT IN CONDEMNATION 1 AFTER JURY TRIAL [Code of
V. ) Civil Procedure §§ 1235.1
GILBERT J. KAISER and MARY A" ) KAISER, Trustees of the KAISER ) FrAMILY TRUST; and DOES 1 1 (PARCEL NO. 1)
through 20, inclusive, ) (One Parcel)
) 1260.210, 1260.230, 1268. (
1 Defendants. 1
)
This cause came on regularly for trial on December 7, 19'
in Department G of the above-entitled Court, the Honorable
Franklin J, Mitchell, Jr., Judge presiding. Plaintiff Carlsb<
Municipal Water District appeared by Jenningis, Engstrand &
Henrikson, by Bruce W. Beach; Defendants GILBERT J. KAISER an(
MARY ANN KAISER, Trustees of the KAISER FAMILY TRUST appeared
A1 J. Tarvyd, attorney of record.
A jury was impaneled and sworn to value the real propert]
sought to be condemned and described as Parcel No. 1 in paragj
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I11 of the complaint herein.
plaintiff and defendants were sworn and examined. Both oral (
documentary evidence were introduced on behalf of the
respective parties and, the evidence having been duly taken ai
heard, the cause was argued by counsel of the respective part
After being instructed by the Court as to the law of the
case, the jury retired to consider their verdict, subsequentl;
returned to Court after being called, and duly rendered their
verdict in writing, and words and figures as follows:
Witnesses on the part of both
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/ Janic:e L. Wriqht FOREPERSON
It appearing to the Court that the use to which the propt
sought to be condemned and taken is a public: use authorized b!
law, and that the taking of the property is necessary for the
use;
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It further appearing to the Court that on June 19, 1989,
sum of $222,500.00 was deposited into Court by plaintiff as tl
amount of probable compensation pursuant to Code of Civil
Procedure sections 1255.010 through 1255.0801, and subsequentl]
withdrawn on or after September 11, 1989.
It further appearing to the Court that, pursuant to an 01
of Possession, plaintiff was authorized to t.ake possession of
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 tha.t:
1. Upon payment of the balance of the condemnation awa:
(the difference between the jury verdict of $497,555.00 and tl
court deposit withdrawn of $222,500.00, plus, interest provide(
law on this amount from August 10, 1989, until deposited with
Court and interest on $222,500 from August 10, 1989 to Septeml
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; 2
all interests of defendants in and to said real property shall
terminated.
2. The real property condemned is legally described in
Exhibit "Ag1 attached hereto.
I
3. The fair market value of the real property describec
Parcel No. 1 as determined by the jury was the sum of $497,55E
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 Municj
Water District for the uses and purposes described in the
complaint.
5. Payment of the balance of the condemnation award in
sum as to be calculated and stated in paragraph 1, plus inter€
thereon as permitted by law, shall be made and transmitted as
fOllOWS:
"Gilbert J. Kaiser, c/o A1 J. Tarvyd''
530 "B" Street, Suite 900, San Diego, CA 92101
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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 pap
of the sum of $497,555.00 plus interest thereon, as provided
law, plaintiff shall be entitled to and the Court shall make
final order of condemnation in the manner provided by law, wl-
final order of condemnation shall describe the property condc
and identify the judgment authorizing the taking.
FEB 25 199% Dated:
JUDGE OF THE SUPERIOR COURT
APPROVED AS TO FORM:
JENNINGS, ENGSTRAND & HENRIKSON
A Professional Law Corporation
By: BRUCE W. BEACH - Attorneys for Plaintiff
Carlsbad Municipal Water District
/%? /-d AL J. TARVYD u
Attorney for Defendants
Gilbert J. Kaiser and
Mary Ann Kaiser, Trustees
of the Kaiser Family Trust 7he foregoing instrtlrmn? ;$ a full, trucl and coriect
__ I_- , CC:\099\bub\carlsbad.jud)
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- EXHIBIT ’A” 0 --
TANK SITE ACQUISITION
LEGAL DESCRIPTION
CA LSBAD MUNICIPAL WATER DISTRICT a e--
-- .
Parcel No. 1
That porCY<on of the North Half of the 6outhwest Quarter of t)7
Southeast Quarter of Sectlon 22, Township 12 South, Range
west, Sm Berncrdjno Meridian, located in the City cf Carlsbad
County of San Diego, State of Califomfa, accordinG to Oifdcfa
Flet thereo?, more partfcularly descrfbsd ts follows:
The Westerly 544 feet Of the North Half of the Southwest Quarte
of the Southeast Qunrter of said Section 22.
EXCEPTING THEREffiOM the following described land:
BEGINNING at the South Quarter Corner of said Section 22; thenct
Northerly along the North-South centerline of 33eid Section Nortt
2[18’55“ East 1041.37 fest to et point designsted 8s Pofnt “A‘
for the purposes of tiis descri?tion, sErid Point “A“ also bein;
the TRUE POINT OF BEGINNING; thence SOL)~~ eS[55’4i” Eest 250,OC
feet; thence South 0[04’13“ West to th8 SoEth line cf said Nortf
H~lf of the Gouthwest QUErtBr cf the Southeast; Quwter of salc
Section 22; thence Westerly .=Ions said South llne to tjl~
Southwest corner of said North Helf; thenc6 Northerly along said
North-South centerline of Sectfon 22 ts the TRUE POLNT OF
BEGINNING.
--
I
ALSO EXCEPTfNG THEXZEFROM a71 thet portion of the above described
’land lylns Northerly of the following described line:
BEGINNING st tha above described Psfnt ‘*A“; thence South
89155’47” Ecst 542.82 feet, more or less, to z? point cn the Est
fine 07 said Westerly 544 fast of the North Half of the
Southwest Quarter of the Southeast Quarter of seid Sectfon 22,
said point being the point of terminus for thls line.
r: E”” The zbove described land contains ,?.e, u l “6, nore or less. i 1
EX+[iBiT A
i .y780 m
c &Y*UESEC2 g$
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
+ I t,
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0 d *.f78 1 0 !
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH
CARLSBAD MUNICIPAL WATER ) Case No,, N 44067
DISTRICT , 1 1
Plaintiff, 1 1
V. ) 1 GILBERT J. KAISER and MARY A” ) (One Parcel)
KAISER, Trustees of the KAISER )
FAMILY TRUST; and DOES 1 1
through 20, inclusive, 1
) Defendants. 1
1
FINAL ORDER OF CONDEMNATI
(PARCEL NO. 1)
FEB 25 cgq On ---, 34-90; the Court made and entered its
Judgment After Jury Trial against defendants GILBERT J. KAISE
and MARY ANN KAISER, Trustees of the KAISER FAMILY TRUST, whe
the Court adjudged and decreed the amount of just compensatic
and damages to be paid by plaintiff for the condemnation and
taking by plaintiff of Parcel No. 1.
It appearing to the Court that plaintiff has made all
payments that are required by law or orders or judgments or
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decrees of this Court, and that this is not a case where any
need be given; and
The Court having considered the law andl the property bei
acquired, and good cause appearing therefor,
IT IS ORDERED, ADJUDGED AND DECREED:
1. There is hereby taken and condemned by plaintiff
Carlsbad Municipal Water District the fee ti-tle in and to the
real property hereinafter described and desi-gnated Parcel No.
2. A certified copy of this Final Order of Condemnatiol
recorded in the Office of the Recorder of the County of San
Diego, State of California, and thereupon there shall vest in
plaintiff Carlsbad Municipal Water District the hereinabove
described and designated Parcel No. 1.
3. The plaintiff Carlsbad Municipal Water District too
possession of the hereinafter described parcel of real proper
pursuant to an Order for Possession dated June 19, 1989, with
possession effected on August 10, 1989.
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4. The parcel of real property referred to hereinabove
described in plaintiff's complaint and therein designated Pari
No. 1 is situated in the County of San Diego, State of
California, and is described in Exhibit 'IAI1 attached hereto a
incorporated herein.
9%
FEE3 25 5991 Dated: .. A.
JUDGE OF THE~UPERIOR COURT
CC:\099\bwb\carlsbad.foc> The foregoing instrument is a full, true and correct
COPY of the origrrio! on file :fi t~ls offlce.
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CA S3AD MUNICIPAL WATEF? DiSitlICT TANK SITE ACQUISITION
LEGAL DESCRXPTION
1R 4. r - ,*
.L
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Parcel No. 1
That port$on of the North Helf Of the 63uthwest Quarter of th
Southeast Quarter of Section 22, Township 12 South, Range
west, sen Elernardjno Meridian, located in the City of Carlsbad
County of Sari Diego, State of Calffornja, according to Offjcla
Plet thereof, more partjcularly described ES follows:
The Westerly 544 feet of the North Hetlf of the Southwest Quarte
of the Southeast Qunrter of seid Section 22.
EXCEPTING THEREFROM the following described land:
BEGINNING Et the South Quarter Corner of scid !j6CtfOfl 22; thence
Northerly along the North-South centerline of 53aib Section Nortk
2f18'55" East 1041.37 feet to a pojnt designsted as Point "A'
- -- for the 7urposes of this description, said Fo'lnt "A" also beins
the TRUE POINT OF BEGINNING; thence South 83iS5'47" Eest 250,OC
feet; thence South 0[04'13" West to the So~th liine of said Nortt
Hc'tf of the Southwest QuErter of the Southeast; Quarter of: saic
Section 22; thEnce Westerly elon5 said Scwth line to %:?E
- &3Uthwest Carner of said North Hclf; chenc6 Northerly along szic
North-South centertlns of Sectfon 22 to the TRUE POLNT Of
BEGINNING.
t
ALSO EXCEFTING THEXFROM a71 the? portion of the above described
land 7ydns Northerly of the foiiowing described line:
BEGINNING st the abovs described Pcfnt "A"; thence South
89f55'47" Esst 6$5.$2 feet, more cr less, to a point on the East
fine OP said Westerly 644 fast of the North Half of the
Southwest Quarter of the Southeast Quarter of seid Sectfon 22,
said point being :be point of terminus for this line.
E: c*- The &hove described land contains ,?.E, k I e&, more 5r less.
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EXHIiaT A