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HomeMy WebLinkAbout1990-08-07; City Council; 10753; SETTLEMENT CITY V MORGAN/PALOMAR INDUSTRIAL N41292 - PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT31 >* CI’ - OF CARLSBAD - AGEN -- AB# /HI 753’ TITLE: SETTLEMENT OF CITY V. MORGAN/PALOMAR IDE~. HU.1- - INDUSTRIAL (N41292) - (PALOMAR AIRPORT MTG..AZ&~- ROAD ASSESSMENT DISTRICT) 1 CITY AT&!$ DEPT. ca CITY MGR. Rf33MMENBED ACTION: That the City Council adopt Resolution No. ?fl-An’gx, approving a settlement and stipulated judgment in the case of City of Carlsbad v. Moraan/Palomar to conclude the right of way acquisition for the Palomar Airport Road assessment district. ITEM EXPLANATION We have reached agreement on a negotiated price to acquire approximately one acre of right of way for the Palomar Airport Road assessment district. The district will pay $85,000 plus interest for total of $100,237.91 Funds are available in the right of way contingency which is maintained as a part of the district. If the Concii concurs your action is to adopt Resolution No. %-272. -- EXHIBITS Resolution No. $@#a 72 ORIGINAL AB FILMED (SEE FICHE FILE 41) ORIGINAL AB IN STORAGE BOX 121 e 0 90-272 RESOLUTION NO. I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSEAD, CALIFORNIA APPROVING A SETTLEMENT IN THE CASE OF CITY OF CARLSBAD V. MORGAN/PALDMAR. WHEREAS, on recommendation of the City Attorney and special counsel the City Ccuncil has determined that it is in the public interest to agree to ?I negotiated resolution of the City's eminent domain action againat Morgan/?alomar, Supericr Court No. N41292 by approving a stipulation for judgment and stipulated judgment . 1 2 3 4 5 6 7 8 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 10 /I City of Carlsbad, California, as follows: 11 12 < I 1. That the above recitations are true and correct. 0) w4 13 2. That the stipulation for judgment attached as Exhibit 2 ! A in the above referenced matter is hereby approved and the City , Engineer is authorized to spend the funds necessary from the property acquisition account of the Palomar Airport Road assessment // district An the amount necessary to make the aqreed payment after E: g: 52 I1 55 ad do 16 sz g3 e5 14 1 15 'I - nk ma mu 17 1 18 19 utilizing the funds already on de?osition with the caurt. 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of August 1990, by the followinq vote, to wit: 20 /j AYES: Council Members Lewis and Kulchin I NOES: None 23 ,I 'I 24 25 26 I' 27 28 ASETHA L. RAUTENKRANZ, CityFlerk I, ABS~NT: Council N MSTAIN: Ccuncil M ATTEST : - /I I1 I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '6 17 18 19 20 21 22 23 24 25 26 27 28 -*< VINCENT F. BIONDO, JR. City Attorney Carlsbad, CA 92008 ! (619) 438-5531 ASARO & KEAGY, Special Counsel By: ROSCOE D. KEAGY By: RICHARD R. FREELANE Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 Attorneys for Plaintiff CIV OF CARLSBAD 1200 Elm Avenue I SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN ClEGO CITY OF CARLSBAD, a ) NO. N 41292 Municipal Corporation , 1 1 1 1 j ) 1 STIPULATION FOR JUDGMENT Flaintiff, V. MORGAN/PALOMAR INDUSTRIAL I, 1 et AI., 1 ) Defendants. j IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, throu5h its attorneys of record, VIXCEPJT F. BIONDO, JP.., City Attorney and ASARO & KEAGY, Special Counsel, by XICHARD R. Defendant M@RGAN/PALOMAR INDUSTRIAL I, a California liqited partnership, through its attorneys, M'LI'SICK, PEELER & GARRETT, by DAVID R. CLARK, as follows: That %he Judgment attached hereto as Exhiblt "A" and incorporated herein by thls reference, shall be entered forthwith. anc I FREELAND, 1. 1 .. EXHOBIT A 1 2 3 4 5 6 i 8 9 10 I 1 12 13 14 15 I 2. That Defendant MORGAN/PAEOMAX INDUSTXIAL I hereby waives trial, the right to trial, hearing on the issues, the making and filing of a Statement of Decision, Notice of Entry of Judgment, Notice oi Rscordinq Final Order of Condemnation, and the right to move for a new trial or apgeal. Dated: rL./, I 20 / /99 9 VINCENT F. BIONSO, JX. City Attorney ASXRO & KEASY, Special Counsel RyL nQ Ricnard Q A R. Freelan kttorneys for Plaintiff MUEICK, PEELER & GARRETT uM 2?/?4Q Dated : BY z- d. 6ada David R. Clark Attor”r,eys for Defendant MORGFN/PALOMAR INDUSTRIAL I 18 19 20 21 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 le 17 l8 l9 2o 21 22 23 24 25 26 27 28 -.. 0 0 StrPERiOR COURT OF THE STATE OF CAUFORNIA FOR THE COUNTY OF SAN DIEGO NO. N 41292 1 CITY OF CARLSBAD, a 1 Municipal Corporation, 1 Plaintiff, ) STIPULATED JUDGMENT 1 1 V. 1 MORGiUl/PALOMAR IYDUSTRIAL I, ) 1 et al. l 1 1 Defedants. 1 It appearing to the Court that Plaintiff CITY OF CARLSBAD, 1 through its attorneys of zecord, VINCENT F. BIONDO, JR., City Attorney, and ASARO & KEASY, Special Counsel, by RICHARD R. FREELAND, and Defendant MORGPNiPALOMAR INDUSTRIAL I I through its attorneys, MUSICK, PEELER & GARRETT, by DAVID R. CLARK, have stipulated that Judgment as hereinafter set forth may be entered; it further appearing that Defendants FIRST NATIONAL BANK, a national bank association, TICOX TITLE INSUrWNCE COMPANY, TBICAL, I INCORPORATED, and RAIN FOR RENT, IZJC. have filed disclaimers; Ft /llllil “4 ” EXiii3 IT JUDGE: MORGAN.J% (072590) 1 L. ’ 2 3 4 5 further appeaririy that Defendant RIO VISTA LIMITED DBA GIUPARRA OF CARLSBAD has been defaulted; and it further agpearing to be a proper case therefor; IT IS ORDERED, *ADJUDGED AND DECREED: 1. That Plaintiff seeks to take, acquire and condemn the 9 10 ” said descriptions are made a part hereof as .if fully set forth; i 2. That the condemnation and taking thereof is for the public i purposes set forth in the Complaint herein and necessary for such l2 I 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 20 public use. 3. That the payment to Defendant MORGAS/PALOMAR IKDUSTRIAL I, in the sum of $85,000.00, plus intsrest in the amount of $15,237.91, for a total sun of $100,237.91, for the taking of the real property and interests in real ;?ropezty, shall constitute fuil and final payment for the condemnation and taking of said rcal property and interests in real property, and extinguishes all Defendant’s claims which could have been made ii this action, including, but not limited to, interest, fees, costs, litigation expenses, precondemnation damages, or other daaages; 4. That Defendants FIRST NATIONAL BANK, a national bank association, TICOR TITLE INSURANCE COMPANY, TRICAL, INCORPORATED, and W.IN FOR RENT, INC. have. filed disclaimers disclaiming any right, title, or interest in or to any or all of tCe real property and interests in real property the subject of chis action; // JUDGE: MORGAN.JOG (072590) 2 1 * 3 4 !3 6 7 8 9 lo 'I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 5. That Defendant RI3 VISTA LIMITED DBA GIUMARRA OF CXRLSBAD having been served with the summons and complaint in eminent domain and having failed to appear, have been defaulted; 6. That said payment as hereinabove spacified shall terminate, cancel, 2nd extinguish al.1 liens , leaseholds , and encumbrances of whatsoever nature on said real property. IT IS FURTHER QRDEIUD, ADJUXED AND DECREED: 7. That said total sum of $100,237.91 as hereinabove specified be distributed to Defendant MORGAN/PALOMAR INDUSTRIAL I, in care of its attorneys, DAVI~ R. CLARK of MUSICK, PEELER & GARRETT. 8. That the County Treasurer is hereby authorized to issue a warrant to Plaintiff CITY OF CARLSBAD for the balance of the principal sum of $62,876.00, previously deposited with the Court, plus all zccrued interest to the date of the withdrawals; 9. That Plaintiff seeks to take, acquire, condemn and own the interests in said real property referred to and described hsrein; 10. That Possession having been taken by Plaintiff on August 27, 1988, 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 arb, hereby canceled pursuant to sections SO81 et seq. of the Revenue and Taxation Ccdte. 11. That triai, 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, Findings of Fact, Conclusions of Law, Notice of Entry of Judgment and Notice of Recording Final Order of JUDGE: MOAGAN.JDG (072590) 3 1 * 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 0 Condemnation are waived, ayd that upon payment of the sum due Defendant as herein specified, that Plaintief shall be entitled to a Final Order of Condemnation. Dated: Judge of the Superior Court JUGGE: MORGAN.Jffi (Onsw) 4 I. 1 I