HomeMy WebLinkAbout1992-01-28; City Council; 11542; SettlementSETTLEMENT OF LAWSUIT ENTITLED
MTQ. 1/28/92 CITY V. MURPHY, CASE NO. N48064
RECOMMENDED ACTION:
CITY A
CITV MQR.,%
If the Council concurs, your action is to approve Resolution No. q&--yz which authorizes the City, through its counsel, to
stipulate to judgment in the case City v. Murphy.
ITEM EXPLANATION
This is a condemnation action to secure the Alga Road sewer/storm
drain easement which was a condition of approval to the Aviara
development. This case was settled before the Honorable Ronald L.
Johnson, judge of the superior court. At that time a settlement
was entered and the parties stipulated to judgment, subject to City
Council approval, to acquire the necessary parcel for the sum of
$335,000. Both the City Engineer and the City Attorney recommend
that the Council authorize the entry of a stipulated judgment in
accordance with the stipulation for judgment attached to this
agenda bill.
FISCAL IMPACT
There will be no fiscal impact as a result of this stipulated
judgment since the developer is required to defray all costs
associated with the acquisition of this property in connection with
a condition of approval of the Aviara project.
EXHIBIT
Resolution No. 9 a-Y%
Stipulated Judgment
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RESOLUTION NO. 92-42
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. MURPHY, CASE NO.
N48064
WHEREAS, on recommendation of the City Attorney and
special condemnation counsel the City Council of the City of
Carlsbad, California has determined that a settlement in the case
entitled City of Carlsbad v. Murphy is in the public interest;
and
WHEREAS, the City Council approves the settlement
reached in court to acquire this parcel for $335,000 and approves
the stipulated judgment to resolve this condemnation action. The
developer will pay for the acquisition pursuant to a previous
agreement in connection with the approval of the Aviara project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
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
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lawsuit entitled City of Carlsbad v. Howard F. Murphy. et al, San
Diego Superior Court Case No. N48064 in the form attached hereto.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 28th day
of January , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
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3ON 8ALL, Acting Xy Attorney
1200 Etrn Avenue
2arlrbud, CA 92008
GAR0 & KEAQY, Special Counsel 3y: ROSCOE 0. KEAGY
3y: RICHARD R. FREELAND Eourth Floor, 3170 Fourth Avenue San Olego, CA 92103 (el Q) 297-31 70
httorneya for Plaintiff CITY OF CARLSBAD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNty OF BAN DlEOd
CITY OF CARLSBAD, a Municipal Corporation,
1 NO, N 48064
1 Plaintiff, 1 1
1 JUDGMENT V. 1 STIPULATXON FOR
HOWARD F. MURPHY, et al.
Dafendante.
IT 18 HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, through
itr attorneys of racord, RON BALL, Acting City Attocney and ASARO
& KEAGY, Speaial Counsel, by RICHARD R, FREELAND, and Ddmdanto
MXCHAEL X. MURPHY and HOWARD F. MURPHY, through thmir attorney,
GOEBEL & SHENSA, by LOUIS E, dOEBEL, as followrr
I. That the Judgmmnt attached herato a8 Exhibit "A" and
incorporated herein by this reference, ohall be ontorod forthwith.
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JUDQE: MUAPHY.8TP 01 1592 1
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2. That Defendants MICHAEL K, MURPHY and HOWARD F. MURPHY
hereby waive trial, the right to trial, hearing on the i88U.1, the
making and filing of a Statement of Decision, Notice of Entry of
Judgment, Notic8 of Recording Final Order of Condemnation, and thr
right to move for a new trial or appeal.
Datad :
Dated:
JUDOE: MURPHY.6TP 01 1- 2
RON BALL, Acting City Attorney
MAR0 & KEAGY, Spacial Counrel
By:
Attorneys for Plaintiff * Richard R. Freeland
GOEBEL & SHENSA
By ;
Attornaye for Dofendants
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It appoatinq to the Court th&t Plaintiff CITY OF CARLSBAD,
thtouqh its attornoyr of ceoord, RON BALL, Aatinq City Attotney, and
ASARO a KEAGY, 6~0cia.l COUIIB@L, by RICHARD R. FREELAND, and
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Dafendantr MICHAlEL IC. MURPHY, owamr a8 to 404 intereat, and HOWARD
SUPERIOR COURT Of THE STATE OF CALIFORNIA
F. MUROHY and MICHAEL R. MURPHY, Co-Tzusteer of the Howard F, Murphy
ron THE coum or AN DIBOO
by LOUIS E. GOEBEL, have rtipulated thm Judgment ar horrinaftrr rat
forth may be antored; it further: rppaaring th8t Dofendrntr RANCHO
JUDQPMUWHY,JOQ 01 rm TWl ";"T 1 'A
CITY OF CARLSBAD, a Municipal Corporrtlon,
Plrlntllt,
V.
HOWARD F. MURPHY, et al.
Ddendrnts.
Trust for the Benofit of Howard F. Murphy dated Oetobor 6, 1989,
ownorr as to 60% interest, through their attotney, GOEBEL & BHENSA,
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IA COSTA, a Limited Partnarrhip, SAN DIEGO GAS & ELECTRIC CbMPANY,
and PACIFIC TELEPHONE AND TELEGRAPH COMPANY have bean dirmirred; it
further appearing that befondant ROE MURPHY, the rpoura of Mbhaal
g, Muxphy, wm dofaultod for failure to appear at tho taquhrly
noticod diaporition conforonce, rnd it Purthor appearing to bo L
proper car0 thorofori
IT IS ORDERED, ADJmMED AND DBCRESD:
1. That Plaintiff rooks to taka, acquit. and condomn tho
rightr, title snd intetest in roal proporty as dorcrlbod in thr
Rorolution of Nocossity ahown as Exhibit "AIt to Blrintfft'r
Complaint, to which referance Is hereby made and by thir roformno,
raid dercriptionr afe made a part hweof as if fully art forth;
2. That the condamnation and taking thereof io for tho pubZLc
purporer ret forth in the Complaint heroin and nocemraty for ruch
public urea
3. That tho payment to Defandants MICHAEL K, MURPHY, ownax
a8 to 409 intmcmrt, and HOWARD F. MURPHY and MICXABL A. MURPHY, Co-
Tmtrtoor of tha Howud F. Murphy Trust for thr Bonefit of Howard F.
Murphy dated Oatobor 6, 1989, ownorr as to 605 interrrt in tho rum
of $33S,000.00, toqathar with intarset at tho apportionment rrtr 81
provided in California Cod. of Civil. Procedure Soction 1268.3S0, on
tha rum of $339,000.00, ftom July 23, 1990, tho dato on which
Plaintiff took poasea8ion of tho property, to entry OC judgnrant,
which total amount is $43,595.25, plur $79.08 qer day after Fobruary
1, 1992 until paid, for a total gum of $378,595.25; for tho takinq
of the zeal property and intsmsts in teal proparty, mhalf
conrtitute Cull and final payment for thr condomnation and taking
of said roal property and intoroats in roal proporty, and
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oxtinguL8hoo all Defendants' claims which could havo beon made in
thir ration, including, but not Limited to, intoroot, fmoa, aortm,
litigation o~~enre~, pmcondemnation damages, 01: othor damagar;
4. That DOfenddnt8 RANCHO LA COSTA, a Limitod Partnarrhip,
IAN DIEGO GAS & ELECTRIC COMPANY, and PACIFIC TELEPHONE AND
TELEGRAPH COMRANY hrvo been dismissed and 8ro no longer partiam te
tho action and that Defendant ROE MURPHY, the rpouro of Michrml R.
Murphy, war defaulted for failure to appear at tho tsgularly noticod
dirporition oonferonce.
5. Th8t said payment ai hereinabove rpoaifiod rhrll
tarminata, canc.1, and oxtinguieh all 1ionm, learrholdr, and
ancumbrancer of whatroaver nature on said rral property.
IT IS FURTHER ORDERED, ADJUDGED MtD DECREED:
6. That maid total rum of $33$.000,00, togrthor with Lntarrrt
at the apportionmont rata as providod in California Code of Civil
Procodure Section 1268.350, on the sum of l$335,000,00, from July 23,
1990, th8 data oa which Plaintiff took possesrion of tha ptoparty,
to ontry of judgmant, which total amount ir $43,595.25, plur 879.08
POE dry after Fobrua~y 1, 1992 until paid, far a total sum of
8378,595.2); ba distributed to Dofendants MICHAEL A. MURPHY, owarr
a8 to 40% intorest, and HOWARD F, MURPHY and MICHAEL K. MURPHY, Co-
Trust008 of tho Howazd F. Murphy Trust for tha Bsnefit of HOW8rd F.
Murphy dated October 6, 1989, owners as to 604 lntorort in aarm of
thair attorney#, LOUIS E. GOEBEL of GOEBEL & SHENSA, as toUow8:
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JUWE:MURPHY.JW 01 1- 3
FROM nsnRo KEQGY 1-22.1992 13105
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I)* That tho Court orders tha County Troarurar to issue
a wasrant mde payable to Defendants MICHAEL K. MURPHY,
and HOWARD F. MURPHY, in the sum of $254,776.00;
21. That Plaintiff pay directly to Dsfrndantr MICHAEL
E. MURPHY, and HOWARD F. MURPHY, the gum of $123,819.2S,
plur intorart at tho rate of $79.08 from Fobruary 1,
1992 until paid;
7, That the County Tterrurrr is heroin authotizod to irruo
a warrant to Plaintiff CITY OF CARLSBXD for tho balaaoo of thr
principal rum previously depositod with the Court, if any, plur all
accruad intorert to the date of the Withbrawal8;
8. That Plaintiff aooks to tako, aoquiro, condomn and own the
intoroatr in raid real ptoporty rrfrrred to and dorcribod horoini
9. That Borsearion having bean rakon by Plaintiff oh July 23,
1990 , all tax.8, prnaltirr, colt$, lirn8, learoho~dr, and
onoumbrancaa of whatsoever nature which ate a lion on raid parcel
and whioh are apportioned to that portion of tho fircal year aftar
arid dato are hareby cancoled pursuant to roctfonr 3001 at arq. of
tho Ravanue and Taxation Code.
10. That trial, tha right to trial, hoating on tho irruor,
tho making and filing of a Ststomont of Deaision, the right to mow
for a now trial or appeal, Findings of Faat, Conclurionr of Law,
Notice of Entry of Judgmsnt and Notice of Rooording Final Ordmr of
Condomnation arm waived, and that upon paymant of $333,000.00,
JUOOE:MURPHY.JW 011402 4
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togethrr with interest at the apportionment rata a8 providod in
California Cod. of Civil Procedure Section 1268.390, on tha rum 02
8335,000,00, fton July 23, 1990, the date on which Plaintiff took
parrarrion Of tha propetty, t8 antty of judgment, which total amount
i# $43,995.25, plus $79.08 psr day after February 1, 1992 until
paid, for a total run of $378,995.25, a8 herain speoifiod, that
PLainttCC 8haLl bo antitlad to a Final Order of Conarmnation,
Dated 1
Judga of tha Sugoriot Court
JUOQEMUWJ06 01 1-