HomeMy WebLinkAbout1991-02-19; City Council; 11028; SETTLEMENT CARLSBAD VS. BANCROFT CASE NO N40694 4676 PARK DRIVE>
f
ka
8 Bc a.
9
2
.. 2 0
4 E
g z 3 0 0
Y ClaOF CARLSBAD - AGENmBlLL
AB# /(oaf TITLE: DEPT.
MTG. 2/19/91 SETTLEMENT OF CITY OF CARLSBAD V. CITY E BANCROFT, CASE NO. N40694 DEPT. CA CITY m
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlerr this case by adopting Resolution No. y/-sL and authori
payment of the settlement amount from the general constructic
account.
ITEM EXPLANATION
This case is a condemnation action at 4676 Park Drive, Cai
The Stipulation for Judgment and Stipulated Judgment are at1
FISCAL IMPACT
The funds will be transfered from the general fund unappro] balance to the general construction cost fund account.
EXHIBITS
Resolution No. f#/ 5a
l I
1
2
3
4
5
6
7
8
9
10
11
12
Do,
a> SuF 13 &Ed %a:"% ow ouoa 14 0044 Z>AZ a-58 mGa, 15 u~a~ +>ma
$21 wao
'kg? c:z 17
Go 18
19
20
21
22
23
24
25
26
27
28
cc~d 16 2082
e W
RESOLUTION NO. 91-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED CITY OF CARLSBAD V. BANCROFT, CASE NO. N40694
WHEREAS, on recommendation of the City Attorney tl
City Council of the City of Carlsbad, California has determ:
that a settlement in the case entitled City of Carlsbad v.
Bancroft is in the public interest; and
WHEREAS, the City Council approves the transfer o
$42,875.36 from the general fund unappropriated balance to i
general construction cost fund acount number 300-820-1840-3:
NOW, THEREFORE, BE IT RESOLVED by the City Counci
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the City Council approves the settlement
authorizes disbursement of $42,875.36 from the general
construction cost account for City of Carlsbad v. Bancroft.
PASSED, APPROVED AND ADOPTED at a Regular Meeting
d the City Council of the City of Carlsbad on the
of February , 1991, by the following vote, to wit:
19th
AYES : Council Members Lewis, Kulchin, Larson, Nygaard :
NOES : None.
ABSENT: None.
St ant on.
A. +tEWfS, Mayor
ATTEST:
Z, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
1
2
3
4
5
6
7 .
8
9
10
11
12
13
14
15
l6
17
18
19
20
21
22
23
24
25
26
27
28
e W
VINCENT F. BIONDO, JR.
City Attorney
1200 Elm Avenue
Carlsbad, CA 92008
(619) 438-5531
ASARO & KEAGY, Special Counsel
By: ROSCOE D. KEAGY
By: RICHARD R. FREELAND
Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(619) 297-3170
Attorneys for Plaintiff CITY OF CARLSBAD
SUPERIOR COURT OF THE STATE OF CAUFORNIA
FOR THE COUNTY OF SAN DIEGO
NO. h’ 40694 1 CITY OF CARLSBAD, a
1 Municipal Corporation, 1
1 1 1 1 1 1 1 1 1
Plaintiff,
STIPULATION FOR
JUDGMENT V.
THOMAS R. BANCROFT and MARILYNN
BANCROFT, et al.,
Defendants.
IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD,
its attorneys of record, VINCENT F. BIONDO, City Attorney ar
& KEAGY, Special Counsel, by ROSCOE D. HEAGY, and Defendants
R. BANCROFT and MARILYNN BANCROFT, through their attorney,
K. BANCROFT, as follows:
1. That the Stipulated Judgment attached hereto as
shall be and incorporated herein by this reference, 11 A I1
forthwith.
1 JUDGE: BANCROFTSTP (1 21 190:crw/C1~.03)
1
2
3
4
5
6
7
8
9
lo
11
l2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e w
$15,000.00, previously deposited with the Court, plus all
interest to the date of the withdrawals;
7. That Plaintiff seeks to take, acquire, condemn and
interests in said real property referred to and described h
8. That Possession having been taken by Plaintiff I
23, 1988, all taxes, penalties, costs, liens, leaseholc
encumbrances of whatsoever nature which are a lien on said
and which are apportioned to that portion of the fiscal yea
said date are hereby canceled pursuant to sections 5081 et
the Revenue and Taxation Code.
9. That trial, the right to trial, hearing on the
the making and filing of a Statement of Decision, the right
for a new trial or appeal, Findings of Fact, Conclusions I
Notice of Entry of Judgment and Notice of Recording Final 0
Condemnation are waived, and that upon payment of $42,87E
Defendants as herein specified, that Plaintiff shall be enti
a Final Order of Condemnation.
Dated:
Judge of the Superior Cc
JUDGE: BANCROFT.JDG (121490:c1~/C145.03)
3
1
2
3
4
5
6
7
8
9
lo
11
l2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution of Necessity shown as Exhibit 18B11 to PlaiI
Complaint, to which reference is hereby made and by this ref6
said descriptions are made a part hereof as if fully set fol
That the condemnation and taking thereof is for the
purposes set forth in the Complaint herein and necessary fc
public use.
2.
3. That the payment to THOMAS R. BANCROFT and MI
BANCROFT in the sum of $35,000.00, plus interest in the amc
$7,875.36, for the taking of the real property and interests .
property, shall constitute full and final payment fc
condemnation and taking of said real property and interests :
property, and extinguishes all Defendants' claims which cod
been made in this action, including, but not limited to, in1
fees, costs, litigation expenses, precondemnation damages, 0:
damages;
4. That said payment as hereinabove specified
terminate, cancel, and extinguish all liens, leaseholds
encumbrances of whatsoever nature on said real property.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
5. That said total sum of $35,000.00, plus interest
amount of $7,875.36, for a total sum of $42,875.36, be distr
to THOMAS R. BANCROFT and MARILY" BANCROFT, in care of
attorney, DEIDEU K. BANCROFT, 30100 Town Center Drive
Niguel, CA 92677.
#368,
6. That the County Treasurer is herein authorized tc
a warrant to Plaintiff CITY OF CARLSBAD for the principal
///I/
JUDGE: 8ANCROFT.JOG (121490:crw/G145.03)
2
.
1
2
3
4
5
6
7
8
9
10
11
l2
13
14
15
16
17
18
19'
20
21
22
23
24
25
26
27
28
e W
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, a 1 NO. N 40694
Municipal Corporation, 1 1 Plaintiff, 1
V. 1 1
THOMAS R. BANCROFT and MARILYNN 1
BANCROFT, et al., 1 1 Defendants. 1 1
1 STIPULATED JUDGMENq
It appearing to the Court that Plaintiff CITY OF CAE
through its attorneys of record, VINCENT F. BIONDO, City Att
and ASARO & KEAGY, Special Counsel, by ROSCOE D. KEAG!
Defendants THOMAS R. BANCROFT and MARILYNN BANCROFT, through
attorney, DEIDRE K. BANCROFT, have stipulated the StiF
Judgment as hereinafter set forth may be entered; and it f
appearing to be a proper case therefor;
IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and conde
rights, title and interest in real property as described
JUDGE: 6ANCAOFT.JDG (12149o:cm/C145.03)
FXHIBITC,L!L
1
2
3
4
5 '
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. That Defendants THOMAS R. BANCROFT and MARILYNN BAI
hereby waive trial, the right to trial, hearing on the issue
making and filing of a Statement of Decision, Notice of En1
Judgment, Notice of Recording Final Order of Condemnation, a
right to move for a new trial or appeal.
Dated:
VINCENT F. BIONDO, JR.
City Attorney
ASARO & KEAGY, Special
Counsel
By:
Roscoe D. Keagy
Attorneys for Plaintiff
CITY OF CARLSBAD
Dated:
Deidre K. Bancroft
Attorney for Defendants BANCROFT
2 JUDGE. BANCROFTSTP (121 190:crw/C145.03)
r '
I& +/, #< ,-j;;, - \y,,7 L/,; -,-
---------.. --_-. ~ ...- ~ .___
\
J ,- - --
.. ~-~ --.~ -
.__--_.-- -~
'* It86
1.
Carlsbad, CA 92008
WHEN RECORDED RETURN TO:
By: ROSCOE D. KEAGY .
yx: K. KE$l;q,4 !l,Q
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FQR THE COUNTY OF SAN DIEGO
NO. N43918 CITY OF CARLSBAD, a 1
1 1 @ Plaintiff, 1
1 FINAL ORDER OF CONDEMNA?
1 i
KAREN R. THOMPSON; 1
1 1 1
1 DDT : "E"
It appearing to the Court that judgment in condemnati
ntitled action on Decerfber 5,
ntitled to take by condemnati
ff s Complaint on file herein ar
in accordance with this juc
m of money due;
MOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND I
property interests situated
California, and more partic
1 JUDGE: THOMPSON.FO (120490:Cflw)
<
1
2
3
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 1187 e
described in Exhibit "A" attached hereto and made a part herec
condemned to Plaintiff for the purpose of the Improveme
Poinsettia Lane in the manner proposed by Plaintiff in furthc
of public and general welfare.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a cer
copy of this Order be recorded in the Office of the County Rei
of the County of San Diego, State of California, and therc
title to said property described herein shall vest in Plaint
Dated: " r*' I' '1939
Judge of the Superior Court
APPROVED AS TO FORM:
ik foworhg wstttrment rs a full, true and ca
VINCENT F. BIONDO, JR., City Attorney
ASARO & KEAGY, Special Counsel
Clerk OS tie Stqxic: Ccui? of the St&? of Caldo
in acd for the Coun:y of Sa3 Diego. - e9 fl'.kA r- By: Richard R. Freeland Attorneys for Plaintiff
BRUNICK, ALVAREZ & BAT'TERSBY
By: (N L 'I hx
William J. Brunick
Attorneys fok- Defendants
2 JUDGE THOMPSON.FO (120490:CRW)
1 1)
1 k188 0
.-
PR 3.4.60/CT 85-jj
OWNER : THOMPSON
TITLo" RE?ORT NO. 117:;
EXIfI3IT "A'" .
LEGAL DESCRIPTION
PAACE1 2AI
THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH RANGE 4 WEST,
BZRNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIECO, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEXST CORNER OF SAID SECTION: TEIENCE: SO
OOO34'18" WEST 111.22 FEET ALONG THE EAST LINE OF SAID SECTIO
THENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING X RADIUS OF 1651.
FEET: THENCE SOUTH-WESTERLY ALONG SAID CURVE 392.91 FEET THROl
A CENTRAL ANGLE OF 13O38'07" TO A POINT ON THE NORTHERLY LINE THE LAND CONVEYED TO DAVID B. AND KAREN R. THOMPSON BY DEED
RECORDED AUGUST 8, 1984 AS DOCUMENT NO. 84-302057, BEING THE NORTH 7.50 ACRES OF THZ SOUTH 15.00 ACRES OF THE WEST HAL? OF
NORTHEAST QUARTER OF THE NORTHEXST QUARTER OF SAID SECTION,
DISTANT NORTH 89O03'23" WEST THERSON 46.21 FEET FROM THE
NORTHEAST CORNER OF SAID NORTH 7.50 ACRES,
POINT OF BECIiWING OF THIS DESCRXPTION;
SOUTHWESTERLY ALONG SAID CURVE 249.13 FEET THROUGH A CENTRAL ANGLE OF 08O38'45"; THENCE SOUTH 50°30'08" WEST TANGENT TO SA1
CURVE 513.66 FEET TO THE SOUTHERLY LINE OF SAID NORTH 7.50 XCS
THENCE SOUTH 99O03'23" EAST ALONG SAID SOUTHERLY LXNE 157.21
FEET: THENCE NORTH 50°30'08" EAST 393.99 FEET TO THE BECINNINC
X TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1549.
FEET, BEING CONCENTRXC WITH THE CURVE HEREINBEFORE MENTIONED d
HXVZNG X RADIUS OF 165t000 FEET; THENCE NORTHEASTERLY ALONG SA
CURVZ 225.60 FEET THROUGH A CENTRAL ANGLE OF 08°20'41" TO A PC
ON THE EASTERLY LINE OF THE WEST HALF OF SAID NORTHEAST QUARTZ OF THE NORTHEXST QUARTER OF SXXD SECTION; TXENCE NORTH OOO32'4
EAST ALONG SAID EASTERLY LINE 91.00 FEET TO SAID NORTHEAST COR
OF SAID NORTH 7.50 ACRES: THENCE NORTS 89O03'23" WEST 46.21 FE
ALONG SAID_ NORTHERLY LIME TO THE Porm OF BEGINNING OF THIS
DESCZIPTION.
S
SAID POINT BEING TI
THENCE CONTINUING
ABOVE DESCRXSED PARCEL 2A1 CONTAINS 72505.14 SQ.ZT. OR I.*- 057 x
MORE OR LZSS.
TO BE XNOWN AS POXNSETTIX LANE.
-
PMCEL 2x2
THAT ?ORTION OF THE NORTH 7.50 XCAES OF THE SOUTH 15.00 XCXS THZ WEST HAL? OF THE NORTHEAST QUARTER OF THE NORTXEXST QUXX'
OF SECTION 28, TOWNSHI? 12 SOUTH. RANGE 4 VEST, SXN 3tRlSXA3
CXLItORNiX DESCRI3ED AS FOLLOWS:
MERTgIXN, iN THE crry OF c.uLsaxa, COUNTY OF sm DE(
- &;- !EL+ LA 2ffr l- - _L -3
e 1189 e
r
EXHIBIT "X"
LtGAL DESCRT2TZCN ..
PARACEL-2A2-jCONT'D)
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE WEST HALE
SAID NORTHEAST QUARTER OF THE NORTHEAST QUAXTER OF SAID SZCTl
DISTANT SOUTH 00°32'47" WEST THEREON 91.00 FEET FROM
NORTHEAST CORNER OF SAID NORTH 7.50 ACRES; THENCE CONTINt
SOUTH 00°32'47" WEST ON SAID EASTERLY LINE 388.92 FEET TO
SOUTHERLY LINE OF'SAID NORTH 7.50 ACRES: THENCE NORTH 89O03'
WEST ALONG SAID SOUTHERLY LINE 30.00 FEET; THENCE NORTX OOO32'
EAST 72.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONC
WESTERLY, HAVING A RADIUS OF 270.00 FEET; THENCE NORTHERLY AI SAID CURVE 171.92 FEET THROUGH A CENTRAL ANGLE OF 36j29'C
TZZNCE NORTH 35O56'14" WEST TANGENT TO SAID CURVE 55.20 FEE'I
THE BEGINNING OF X TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVIb
RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 4C
FZET THROUGH A CENTRAL ANGLE OF 92°04'03" TO A POINT OF CUS? k
TXAT CERTAIN CURVE OF THE SOUTHEZLY LIYE OF ?X,ICZL
HEREINBEFORE DESCRIBED AS HAVING A RADIUS 3F 1549.00 FEE?
RADIAL LINE OF SAID CURVES TO SA13 POINT OF CUSP 9ZARS NC
38°00'lf'* WEST; THENCE NORTHEASTERLY ALONG SAID 1549.00 E
RADIUS CURVE 185.24 FEET THROUGH A CENTRAL ANGLE OF 06351'06'
THE ?OINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 2x2 CONTAINS 22958.59 SQ. FT. OR 0.
ACS. MORE OR LESS.
TO BE KNOWN AS ROSE DRIVE.
PREPARED BY:
CROSBY MEAD BENTCN & ASSOCIATES
---
-
0 LlYU
EXHIaIT "A"
LEGAL DESCRIPTION e
PARCEL 2 B ( EASEMENT 1
AN EASEMENT OVER, ACROSS AND THROUGH THAT PORTION OF THE 1
7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF 01
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, 11
CITY OF CARLSBAD, COlTNTY Of SAN DIEGO, CALIFORNIA, DESCRIBI
FOLLOWS :
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTH 7.50 A
DISTWT NORTH 89O03'23" WEST THEREON 46.21 FEET FROM
NORTHEAST CORNER OF SAID NORTH 7.50 ACRES, SAID POINT BEING
NON-TANGENT CURVE OF THE NORTHERLY LINE OF PARCEL
HEREINBEFORE DESCRIBED AS BEING CONCAVE SOUTHEASTERLY HAVI
RADIUS OF 1651.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID P
BEARS NORTH 30°51'07" WEST: THENCE SOUTHWESTERLY ALONG SAID C1
249.13 FEET THROUGH A CENTRAL ANGLE OF 08O38'45"; THENCE Sc
50°30'08" WEST TANGENT TO SAID CURVE 513.66 FEET TO THE SOUTH1
LINE OF SAID NORTH 7.50 ACRES: THENCE NORTH 89O03'23'* WEST AI
SAID SOUTHERLY LINE 16.37 FEET; THENCE NORTHEASTERLY ALONG
FOLLOWING COURSES: NORTH 48O05'23" EAST 162.60 FEET: N(
45031'24" EAST 129.93 FEET; NORTH 44O52'58" EAST 38.24 FL
NORTH 43O40'45" EAST 198.78 FEET AND NORTH 40°55'52'* EAST 134
FEET TO SAID NORTH LINE OF SAID NORTH 7.50 ACRES; THENCE SC
89O03'23" EAST ALONG SAID NORTH LINE 149.94 FEET TO THE POINT
BEGINNING OF THIS DESCRIPTION.
ABOVZ DESCRIBED PARCEL 28 CONTAINS 29011.67 SQ.FT. OR 0.666 A
MORE OR LESS.
PARCEL 2C (EASEMENT)
AN EASEMZ~T OVER, ACROSS AND THROUGH THAT PORTION OF THE NO
7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF OF '
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION .
TOWNSHIP 12 'SOUTH, RANG3 4 WEST, SAN BERNARDINO MERIDIAN, IN 1
CITY OF C-ARLSBAD, CALIFORNIA, COUNTY OF SA.N DIEGO, CALIFORN:
DESCRIBED AS FOLLOWS:
BEGINNING AT B POIANT ON THE SOUTHZRLY LINE OF SAID NORTE 7.
ACRES, DISTANT SOUTH 89jQ3'23" EAST THEREON 196.36 FEET FROM 1
SOUTHWEST CORNER OF SAID NORTH 7.50 ACRES, SAID POINT ALSO BE1
THE SOUTHEASTERLY CORNER OF PARCEL 2Al HEREINBEFORE DESCRIBE
TBENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARC 2A1 AS FOLLOWS: NORTH 50°30'08" EAST 393.99 FEET A
NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING X RAD1 OF 1549.00 FEET, A DISTANCE OF 40.36 FEET THROUGH A CENTRAL XNG
. OF 01O29'35" TO A POINT OF COMPOUND CURVATURS WITH THAT CERTA
AS BEING CONCAVE SOUTSWESTERLY XAVING A RADIUS OF 25-00 FSET,
RADIAL LINE OF SAID CURVBS TO SAID POINT OF COMPOUND CURVXTUI
BEARS NORTS 38OOO ' 17" UZST: TfIENCS SOUTHEASTERLY ALONG SAID CUR'
40.17 FEET THROUGH X CENTRAL ANGLL" OF 92O04'03"; THENCE SOU' 35QS6'14" EAST ALONG SAID WESTSRLY LINE 55.20 FEET: THEN(
CURVE OF THE WESTERLY LINE OF PXitCEL 2x2 HEREINBEFORE DESCA~~I
L 0, I191 -0
EXHIBIT "A"
LEGAL DESCRIPTION
SOUTHWESTERLY ALONG THE FOLLOWING COURSES: SOUTH 68°40'16i1 F
66.16 FEET; SOUTH 57°57'53" WEST 123.15 FEET: SOUTH 60°50' WEST 112.42 FEET; SOUTH 58O11'54" WEST 77.18 FEET AND SC
53009'25" WEST 69.39 FEET TO SAID SOUTHERLY LINE OF SAID NC
7.50 ACRES: THENCZ NORTH 89O03'23" WEST ALONG SAID SOUTHERLY L
18.21 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 2C CONTAINS 17563.14 SQ.FT. OR 0.403 A
MORE OR LESS.
PARCEL 2D (EASEMENT)
AN EASEMENT OVER, ACROSS AND THROUGH THAT PORTION OF THE NO1
7.50 ACRES OF THE SOUTH 15.00 ACRES OF THE WEST HALF OF :
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION :
TOWNSHIP 12 IN 1
CITY OF CXRLSBXD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED
FOLLOWS :
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID NORTH 7.
ACRES, DISTANT NORTH 89O03'23" WEST 30.00 FEET FROM THE SOUTHEA
CORNER OF SAID NORTH 7.50 ACRES, SAID POINT ALSO BEING 7
SOUTHWEST CORNER OF PARCEL 2A2 HEREINBEFORE DESCRIBED: THEE
ALONG THE WESTERLY LINE OF SAID PARCEL 2A2, NORTH 00°32'47" a
72.59 FEET AND NORTHERLY ALONG X TANGENT CURVE CONCAVE WESTERL
HAVING A RADIUS OF' 270.00 FEET A DISTANCE OF 171.92 FEET, THROU
A CENTRAL ANGLE OF 36°29'01"; THENCE LEAVING SAID WESTERLY LI
ALONG THE FOLLOWING CQURSES: SOUTH 68°40'16" WEST 66.16 FEE
SOUTH 76030'22'' EAST 17.13 FEET: SOUTH 41°22*45'* EAST 68.31 FEE
SOliTH 21O20'16" EAST 52.74 FEET AND SOUTH 11O28'13" EAST 107. FEET TO SAID SOUTHERLY LINE OF SAID NORTH 7.50 ACRES; THEN SOUTH 89°03'23" EAST ALONG SAID SOUTHERLY LINE 10.00 FEET TO T
POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 2D CONTAINS 7838.75 SQ.FT. OR 0.180 AC:
MORE OR tZSS.
PREPARED BY:
CROSBY MEAD-BEMION & ASSOCIATES
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
8
RSGISTUTION EXPIRES: 3-31-39
&A9 CA5
I I i
I i
j
i ! i
a ~~O@~.jQ~~&-~~*~~ a /NO~~~TES pomia,u OF PWSETTIA L
@ lNOfCAf€9 PORT/ON OF ?mUS€77Z9 1 OEOIcRrm PER MAP NO. /08i5.
O.goicaS€il PER MAP NO. 11510.
ZEC:S7'ArzCN sx?:BEs 3-2:
CrQSby MIQd 88tltOCr a RSS
EXHIBIT *' St'
-*r- *Lrm
PARCELS %I, 82, 8, c 80
PLAT
TO ACCOMPANY
LEGAL DESCRIPTION
naC.kWS1.wq --nom
,m . ! SHT
.--- -- . ----- -- -- -- .a . '* . . ,. -i
IL1 I
e 0 arwo**(~~~ u=s' c
I*<, c a A*6"S/'U&' R-/5.49' 1
T
AR€A TABUt,4r/Uh/ '.i -
-- - L667 At. * !
..
i
-1
i !
i 1
!
I ME* I w -/z -4 -
8
!
I
PROPOSED RIGHT-Of -WAY TO BE ACQUIR€D
I i
f
c n .. 0 e
ASARO & KEAGY
ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FLOOR
ROSCOE D. KEAGY
RICHARD R. FREELAND
3170 FOURTH AVENUE
SAN DIEGO, CA 92103
STEVEN A. McKINLEY
ARNOLD NEVES, JR.
TELEPHONE (619) 297-3170
TELECOPIER (619) 299-4268
STEVEN M. SHEWRY
WILLIAM J. HEALY
GARY L. SIROTA IN REPLY REFER TO:-
Zanuary 31, 1991
Office of the City Clerk CITY OF CARLSBAD
1200 Elm Street
Carlsbad, CA 92008-1989
RE: City of Carlsbad v. Porter. et al.
Ladies and Gentlemen:
Enclosed for your records is a copy of the Final Order
Condemnation which was recorded on January 2, 1991 regarding t
above-captioned matter.
Very truly yours,
ASARO & KEAGY
Richard R. Freeland
RRF: crw
cc: Vincent F. Biondo, Jr. Lloyd B. Hubbs
f 4.
1
2
3
4
5
6
7
8
9
10
11
l2
13
14
15
16
l7
l8
19
20
21
22
23
24
25
26
27
28
* 0. 1186 0
RECOROlffi REQUESTED BY
VINCENT F. BIONDO, JR.
12000 Elm Avenue
Carlsbad, CA 92008
City Attorney OLE F KENNETH E. MARTONE D Clerk of the Sumrrcr Court
DEC 2 1lm
By: Depu WHEN RECORDED RETURN TO:
ASARO & KEAGY, Special Counsel
By: ROSCOE D. KEAGY
By: RICHARD R. FREELAND
Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
VISTA BRANCH
(61 9) 297-31 70
Attorneys for Plaintiff CITY OF CARLSBAD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, ) NO. N 43920
Municipal Corporation, 1
) Plaintiff , )
V. 1
) MARVIN PORTER and MARGRET )
PENELOPE PORTER, Trustees of 1 the PORTER Family Trust dated )
November 21, 1985; and 1 NOBORU TABATA and WELYN )
TABATA, Co-trustees, or their 1
successors in interest pursuant ) to the Tabata Family Trust )
executed January 14, 1983; 1 ISOKAZU TABATA, EI single man; 1
and TABATA BROTHERS, a 1 partnership: WILLIAM E. ENGLER, )
a single man; WILLIAM EDGAR ENGLER, )
a single man; SAFECO TITLE INSURANCE )
husband and wife; TITLE INSURANCE AND 1
TRUST COMPANY, a California Corporation; 1
husband and wife; MARIANNE VANCE; 1 _--
and DOES 2 Through 50, Inclusive, ) 1
Defendants. )
)
) FINAL ORDER OF CONDE
The foregoing tsstrunent is a fgll, tri
COPY of the original on file in this of
Attest, DX '_ *
K53PU'E:TM E. I\llpjRTO
C:JYh ;I ;DE! 2 cartar C~U:: of the St31
in arid :si the Co~t
By R. Hum
) fq=f a, jaw rrWf COMPANY, a California Corporation; ~ ,IJC 83 lJ=?j.-L%U
;t7c-r 2q fi:-;ty-* X' ->----
/__I - - JAMES R. OWEN and JEAN 1.. OWEN,
LYNN HAL LOCKYER and SUSUAN K. LOCKYER, )
JUDGE: PORTER.FO (1 1130/90) 1
<
1
2
3
4
5
6
7
8
9
10
I'
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 1187 0
It appearing to the Court that judgment in condemnat
been entered in the above-entitled action on NOV~ 30,
1990, adjudging that Plaintiff is entitled to take by conde
the property described in Plaintiff's Complaint on file her
more fully described hereafter and in accordance with this ju
Plaintiff has paid the sum of money due the Defendant e
thereto;
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, ANI)
that the real property and real property interests situated
County of San Diego, State of California, and more parti
described in Exhibit "A" attached hereto and made a part her
condemned to Plaintiff for the purpose of the Improven
Poinsettia Lane in the manner proposed by Plaintiff in furt
of public and general welfare.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a ce
copy of this Order be recorded in the Office of the County R
of the County of San Diego, State of California, and the
title to said property described herein shall vest in Flair
Dated: :&, [.I. &S*m. ?$%3&.M
Judge of the Superior Court
2 JUDGE: PORTER.FO (1 1/30/90)
e 1188 e
PR 3.1.61/CT 85-35
PORTER
TITLE REPORT No. 1171
EXHIBIT "A"
LEGAL DESCRIPTION
?ARCEL 3A
THAT PORTION OF SECTIQN 28. TOWNSHIP 12 SOUTH, RANGE 4 WEST,
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE SC
0Q034'18" WEST 111.22 FEZT ALONG THE EAST LINE OF SAID SECT1
THENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING C
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1553
FEET: THENCE SOUTHWESTERLY ALONG SAID CURVE 339.30 FEET THROUC
CENTRAL ANGLZ OF 11O46'30" TO A POINT ON THE EASTERLY LINE OF
LAND CONVEYED TO MARVIN AND MARGARET PENELOPE PORTER BY I:
RZCORDED SEPTEXEER 3, 1986 AS DOCUMENT NO. 86-385614, BEING 1:
SOUTH 184.47 FEET OF THE EAST 264.14 FEET OF THE NORTH 5 ACRES
THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEXST QUXR
OF SAID SECTION, A RADIAL LINE OF SAID CURVE TO SAID POINT aE
NORTH 28O59'30'' WEST: SAID POINT ALSO BEING THE POINT
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHWZSTE
ALONG SAID CURVE 53.61 FEET THROUGH X CENTRAL ANGLE OF 01OS1'
TO A POINT ON TS€ NORTHERLY LINE OF THE SOUTH 15.00 ACRES OF
WEST EXALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUA;iT
THENCS SOUTH 89O03'23" EAST ALONG SAID NORTXERLY LIXE 46.21 F
TO SAID EASTERLY LINE OF THE LAND HEREIN DESCRIBED; THENCS NO
0Q032'47" EAST ALONG SAID EASTERLY LINE 27.50 FEET TO THE ?O
OF BEGINNING OF THIS DESCXIPTION.
ABOVE DESCRISED PARCSL 3A CONTAINS 637.33 SQ.FT. OR 0.015 X
MORE OR LZSS.
TO 3E KNOWN AS POINSETTIA LANE.
PXRCSL 3E- (E&SEMENT)
AH EASEMENT OVER THAT PORTION OF TXE WEST HALF OF THE NCRTSS
QUARTER OF THE NORTHEAST QUAilTER OF SECTION 28, TOWNSXI?
SOUTH, RANGE 4 WEST, SAN BERPfARDINO MERIDIAN, IN TSE CITY
CARLSEAD, -COUNTY OF SXN DIECO, CXLTPORNIX, DESCXISED AS FOLLOW
BEGIXNING AT X POINT ON TNE EASTERLY LINE OF SAID WEST HALF
SAID NORTHEAST QUARTER OF TSE NORTHZXST QUARTER OF SAID SZCTI(
DISTANT NORTS OOO32'47" EAST TSERSON 27.50 PEZT t3OM '
NORTHEXST CORNER OF TXE SOUTS 15.00 ACZIES OF SAID WEST XALZ
SAID NGRTHEXST QUARTER OF THE NORTHEXST QUMTER, SAID POINT X1
3EING ON TSE CURVZ OF TSE NORTHERLY LINE OF ?ARCEL
SERSINBEFORS DESCRI3ED AS BEXG CONCAVE SOUTSEXSTSRLY, HAV=N(
UDIUS OF t651.00 SEET, X RADIAL LINE OF SAID CURVE TO SAT3 ?O:
SEARS NOR% 28OS9'30'' 'WE3T; TSENCS SOUTHWESTERLY ALONG SXZS CUI
53.51 FEET THROUGX X CEWTUL XNGLL' OF 0loS1'37" TO X ?OIXT ON '1
'XIHIBIT b "A
HEY -- 0 li a
PXRC_EL-J.BJCONT'D)
NORTHERLY LINE OF SAID SOUTH 15.00 XCRZS THENCE NORTH 8900
WEST ALONG SAID NORTHERLY LINE 149.94 FEET; THENCS 1
45056'37'1 EAST 86.00 FEET; THENCE NORTH 49°46'00'1 ZXST 1
FEET: THENCS NORTH 54O20'25" EAST 85.56 FEZT TO SXED EAS'
LINE; THENCS SOUTH 00°32'17" WEST ALONG SAID EASTERLY LINE 14
E'EET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 38 CONTAINS 17025.34 SQ.FT. OR 0.391
MORE OR LESS.
PREPARED OY:
CROSBY MEAD BENTON C ASSOCiATES
2/24/8 9 , R.C.E. 14594
IRES: 3-31-93
-
t ..
I!
*i ! I i
!
!
I
I
I
I
!
!
I 1 I I i
---x - -
p RaF E SS/o, eo No. 14SM
/I -2 CIVIL *v
I %OF c&
S EC. 28
BouUDARV LIAX OF PORTER moamy PER om MCORLW 9-3-66 AS OK MO. 86-385614
25 'E~SEMWT TO mM(8 M. XRAUS C EUIT" A. KRAUS RLC. 11-4 - 74 AS Fh!€ M. 74- 29 2 549 FER 2&G &PUBLIC Ul/LfTY PURPN€S
,I
/ / / I /
/ 9 AaEA ra8ULAtlOJ d Pa. 3A 0.015 A& ROQOSED RIGHT-Of -WAY pCL.30(€5~d 0.39IAc.
/ " a TO @E XQUIRED 707'AL d.4oGAc.
i.' c 1 iwmms fimtrn aan
/
/'
0 40 ea I20 160
EXHI81f "8" XfCISfRAfION fX?:?.fS 3-1:
Crosby Mead Pknlocr a k~
PLAY mbkCICLI,lt* cIy--
To PICC~PAluY Pff
LEGAL OESCRIPTCN 91
-.-.- PARCELS 3A3 38