HomeMy WebLinkAbout1996-03-12; City Council; 13540; SETTLEMENT OF LAWSUIT ENTITLED CITY V. BONS, ET AL., CASE NO. N68254-1W w -71
CITY OF CARLSBAD - AGENDA BILL -
AB# j?. 5Y 8 DEPT. t TITLE:
MTG. :? - i2 -9b
CITY MC DEPT. CA
CITY A1 SETTLEMENT OF LAWSUIT ENTITLED CITY V. BONS, ET AL., CASE NO. N68254-1
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RECOMMENDED ACTION:
If council concurs, your action is to approve Resolution No. 96-8 l which authoriz
through it counsel, to stipulate to judgment in the case CiW v. Bons.
ITEM EXPLANATION:
This is a condemnation action to secure acquisition of a right of way regarding the
affordable housing project. This case was settled before the Honorable Thomas R. MI
of the superior court. At that time a settlement was entered and the parties s
judgment, subject to City Council approval, to acquire the necessary easement for
$30,000. Both the City Engineer and the City Attorney recommend that the Council a
entry of a stipulated judgment in accordance with the stipulation for judgment attal
agenda bill.
FISCAL IMPACT
There will be no fiscal impact as a result of this stipulated judgment since the develc
Housing Corporation, is required to defray all costs associated with the acquisition of 1
in connection with a condition of approval of the Villa Loma affordable housing proj
EXHIBITS:
1. Resolution No. 96 -81
2. Stipulation for Judgment
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1 RESOLUTION NO, 96-81
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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
6 special condemnation counsel, the City Council of the City
7 Carlsbad, California has determined that a settlement in t
8 entitled Citv of Carlsbad v. Bons is in the public interes
9 WHEREAS, the City Council approves the settlemen
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reached in court to acquire this parcel for $30,000 and ap
developer will pay for the acquisition pursuant to a previ 12
the stipulated judgment to resolve this condemnation actic
om $tu? m>
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affordable housing project. $034 14
agreement in connection with the approval of the Villa Lon a08 ow2 ?I,,
OQU. 15 2;sz NOW, THEREFORE, BE IT RESOLVED by the City Counc
ZLU(D" o a=%o z oa -1 - 16 the City of Carlsbad, California, as follows: L2J
>2% 17 bo aoA 1. That the above recitations is true and corn
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judgment and authorizes its attorney to so stipulate in tl 19
2. That the City Council approves the stipulate
20 lawsuit entitled Citv of Carlsbad v. Bons, et al, San Dies
21 Superior Court Case No. N68254-1 in the form attached herc
22 3. That the City Council authorize the City Clc
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record the judgment.
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departments to maintain the acquired easement. 25
4. That the City Council direct the responsible
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PASSED, APPROVED AND ADOPTED at a Regular Meetinc
the City Council of the City of Carlsbad on the 12th (
of MARCH , 1996, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Hall
NOES : None
ABSENT: Council Me
ATTEST :
A-
ALETHA L. RAUTENKRANZ, City tlerk
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FEB 2 0 1996
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SUPERIOR COURT OF TBE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD,
A Municipal Corporation,
Plaintiff,
V.
ANTHONY BONS; DICKY BONS;
ANTHONY BONS AND DICKY
KOOREVAAR BONS, CO-TRUSTEES
UNDER THAT CERTAIN REVOCABLE
DECLARATION OF TRUST, DATED
MAY 25, 1982 AND DESIGNATED THE ANTHONY BONS AND DICKY
KOOREVAAR BONS REVOCABLE
LIVING TRUST; SOUTHERN CITIES ESCROW COMPANY, A Corporation;
HENRY SILVER; EDITH SILVER;
DOROTHY STEVENS, dba
SUNFRESH: ROSES FLORIST;
FONT0 FLORAL, INC. ;
and, DOES 1 Through 50, Inclusive,
Defendants.
1 NO. 68254-1 1 1 1
) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
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) 1 1 1
STIPULATED JUDGME
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It appearing to the Court that Plaintiff CITY OF C
through its attorneys of record, RONALD R. BALL, City Attor
ASARO, WGY, FREELAND & MCKINLEY, Special Counsel, by RI
FREELAND, and Defendants ANTHONY BONS, DICKY SONS, ANTHONY
DICKY KOOREVAAR BONS, CO-TRUSTEES 'JNDER THAT CERTAIN REVOC
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE
BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, throc
attorney, MIC€IAEL B. MCDONNEU, have stipulated that Jud
hereinafter set forth may be entered; that Defendants HENRE
EDITH SILVER, DOROTHY STEVENS dba SUNFRESH ROSES FLORIST, E
FLORAL, INC. were defaulted; that Defendant SPRING MOUNTAI
CORPORATION, successor in interest to SOUTHERN CITIEh
COMPANY, A Corporation filed a disclaimer of interest;
further appearing to be a proper case therefor;
IT IS ORDERED, ADJUDGED AND DECREZD:
1. That Plaintiff seeks to take, acquire and con
rights, title and interest in real property as described ir
"A" 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 tl
purposes set forth in the Complaint herein and necessary
public use;
3. That the payment to Defendants ANTHONY BONS, DI(
ANTHONY BONS AND DICKY KOOREVAAR BONS, CO-TRUSTEES UN
CERTAIN REVOCABLE DECLARATION OF TRUST, DATED MAY 25, 198:
Jdg:CASSIA.ord C145.16(02/20/96 1:45pm) 2
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DESIGNATED THE ANTEIONY EONS AND DICKY KOOREVAAR BONS RE
LIVING TRUST, in the sum of $30,000.00, for the taking of t1
property and interests in real property, shall constitute j
final payment for the condemnation and taking of said real I
and interests in real property, and extinguishes all Deft
claims which could have been made in this action, including,
limited to interest, fees, costs, litigation e:
precondemnation damages, or other 'damages;
4. That said payment as hereinabove specifiec
terminate, cancel, and extinguish all liens, leasehol
encumbrances of whatsoever nature on said real property;
5. That Defendants HENRY SILVER, EDITH SILVER,
STEVENS dba SUNFRESH ROSES FLORIST, and PONTO FLORAL, 11
served with a Summons and Complaint In Eminent Domain, ant
failed to respond were defaulted and having been defaultt
defendants are not entitled to any compensation herein;
6. That Defendant SPRING MOUNTAIN ESCROW CORPl
successor in interest to SOUTHERN CITIES ESCROW COM
Corporation, filed a disclaimer of interest and is not ent
any compensation herein;
IT IS ETR-R ORDEIZED, ADJIR)GED AND DECREgD:
7. That said total sum of $30,000.00 be distril
Defendants ANTHONY BONS, DICKY BONS, ANTHONY BONS AB
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABLE DEC
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~ OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE ANTHONY
DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, in Care (
attorneys, MICHAEL 8. MCDONNEU, as follows:
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3dq: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 :
herein authorized to issue a warrant to Defendant
ANTHONY BONS, DICKY BONS, ANTHONY BONS AND DIG]
KOOREVAAR BONS, GO-TRUSTEES UNDER THAT CERTAIN REVOCAB
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNAT'
THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCAB
LIVING TRUST, in the sum of $20,400.00;
(b) . That Plaintiff pay directly to Defendan
ANTHONY BONS, DICKY BONS, ANTHONY BONS AND DIC
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCAE
DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNA'I
THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCAE
LIVING TRUST, the sum of $9,600.00;
8. That Plaintiff seeks to take, acquire, condem
the interests in said real property referred to and c
herein;
9. That trial, the right to trial, hearing on the is,
making and filing of a Statement of Decision, the right to
a new trial or appeal, Notice of Entry of Judgment and T
Recording Final Order of Condemnation are waived, and tha
payment to befendants as herein specified, that Plaintiff
entitled to a Final Order of Condemnation.
Dated: FEB 2 0 199g mEMuRPHy
Judge of the Superior Cour
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Jdg:CASSfA.ord C145.16(02/20/96 1:45pm) 4
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RONALD R. BALL, City Attorney
CITY OF CARLSBAD
Carlsbad; CA 92008-1989
1200 Carlsbad Village Drive
- F :<Fn;.;?:TT;>. : :\,qki:- 3.- :; Qar;, ,. -": '* - I '
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FEB 2 0 1996
ASARO, KEAGY, FREELAND & MCKIULEY By; ROSCOE D. KEAGY, State Bar No. 325419'8 s. ;~:~~2i;;~~~?: celli
Bi: RICHARD R. FREELAND, State Bar NO. 64092 Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(619) 297-3170
Attorneys for Plaintiff CITY OF CARLSBAD
SUPERIOR COURT OF TBE STATE OF CALIFORNIA
FOR THE! COUNTY OF SAN DIEGO
CITY OF CARLSBAD, 1 NO. 68254-1
A Municipal Corporation, 1 1
Plaintiff,
V.
ANTHONY BONS ; DICKY BONS;
ANT€IOJ!JY BONS AND DICKY
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABLE DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCABLE
LIVING TRUST; SOUTHERN CITIES
ESCROW COMPANY, A Corporation;
HENRY SILVER; EDITH SILVER;
DOROTHY STEVENS, dba
SUNFRESH ROSES FLORIST; PONTO FLORAL, INC. ; and, DOES 1 Through SO, Inclusive,
Defendants.
1 STIPULATION FOR 1 1 1 1 1 1
) 1 1 1 1
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IT IS HERGBY STIPULATED by Plaintiff CITY OF CARLSBA
I I its attorneys of record, RONALD R. BALL, City Attorney,
I ' mAGY, FREE;- 6s MCKImEY, Special Counsel, by R
FREELAND, and by Defendants ANTHONY BONS, DICKY BONS, AN
AND DICKY KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN
DECLARATION OF TRUST, DATED MA.Y.25, 1982 AND DESIGNATED T
BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, thr
attorney, MICHAEL E. MCDONNELL as follows:
1. That the Stipulated Judgment attached hereto
"A" and incorporated herein by this reference, shall :
forthwith.
2. That Defendants ANTHONY BONS, DICKY BONS, AN
AND DICKY KOOREVAAR, BONS, CO-TRUSTEES UNDER THAT CERTAIN
DECLARATION OF TRUST, DATED MAY 25, 1982 AM3 DESIGNATED 'I
BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, he
trial, the right to trial, hearing on the issues, the
filing of a Statement of Decision, Notice Of Entry Of
Notice of Recording Final Order of Condemnation, and. th
move for a new trial or appeal.
Dated: p-d. 2u /?94 ASARO, KEAGY, FREELAND &
BY @Q Ricgr9L. <-
Attorneys for Plaintiff
Dated: .&aE:!lsa
Attdrneys for Dgfendants-
JDG:CASSIA.STP c14~.16(01/24/96 8:41am) 2
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STJ~&RIOR COURT OF THE STATE OF CALIFORNIA
FOR TSE Corn OF Sm DIEGO
l2 CITy OF WSBAD, 1 XO. 68254-1
13 A Municipal Corporation, 1
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) STIPULATED JrJDGMEl 14
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plaintiff ,
V.
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-0NY BONS; DfCXY BONS;
pLNTHONY BONS AND DICn
I(OOR.€VAAR EONS, CO-TRUSmES UNDER "KAT CERTAIN EtEvO~~
DEcSARA,TION OF TRUST, DATED
MAY 25, 1982 AND DESIGNATED
KOOREZAAX EONS REVOCABLE
ESCROW COMPANY, A Corporation;
SUNFRESH ROSES FLORIST;
and, DOES 1 Through 50)
THE .ANTEIONY BONS AND DICa
LIVING TRUST; SO- CITIES
my SILVER; EDIm SILVER;
DOROW STEVENS, dba
PONTO FLORAL, SNC. ;
1 Inclusive ,
25 I Defendants.
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1 1 1 1 1
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EXHIBIT 'X
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It appearing to the Court that Plaintiff CITY OF
through its attorneys of record, RONALD R. BALL, City Attc
ASARO, KEAGY, FREELAND S: MCKINLEY, Special Counsel, by I
FREELAND, and Defendants ANTHONY BONS, DICKY BONS, ANTHON
DICKY KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REV(
DECLARATION OF TRC'ST, DATED MAY 25, 1982 AND DESIGNATED T
BONS AND DICKY KOOREXAAR BONS REVOCABLE LIVING TRUST, thri
attorney, MICHAEL B. MCDONNELL, have stipulated that JI
hereinafter set forth may be entered; that Defendants HEN
EDITH SILVER, DOROTHY STEVENS dba SUNFRESH ROSES FLORIST,
FLORAL, INC. were defaulted; that Defendant SPRING MOUNT.
CORPORATION, successor in interest to SOUTIERN CITI
COMPANY, A Corporation filed a disclaimer of interes,
further appearing to be a proper case therefor;
IT IS ORDERED, ADJUDGgD AND DECREED:
1. That Plaintiff seeks to take, acquire and cc
rights, title and interest in real property as described
"A" to Plaintiff's Complaint, to which reference is hereb
by this reference, said descriptions are made a part he:
fully .set forth;
2. That the condemnation and taking thereof is for
purposes set forth in the Complaint herein and necessar
public use;
3. That the payment to Defendants ANTHONY BONS, D
ANTHONY BONS AND DICXY K00REXAA.R BONS, CO-TRUSTEES 1
CERTAIN REVOCABLE DECLAfiATION OF TRUST, DATED MAY 25, 19
Jdg:cAsSIA.ord Ci45.16(02/20/96 1:43pm) 2
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DESIGNATED THE ANTHONY BONS AND DICKY KOOREVAAR BONS
LIVING TRUST, in the sum of $30,000.00, for the taking of
property and interests in real property, shall constitute
final payment for the condemnation and taking of said rea.
and interests in real property, and extinguishes all Dc
claims which could have been made in this action, includin
limited to interest, fees, costs, litigation
precondemnation damages, or other damages;
4. That said payment as hereinabove specif:
terminate, cancel, and extinguish all liens, leasehl
encumbrances of whatsoever nature on said real property;
5. That Defendants HENRY SILVER, EDITH SILVER
STEVENS dba SUNFRESH ROSES FLORIST, and PONTO FLORAL,
served with a Summons and Complaint In Eminent Domain, i
failed to respond were defaulted and having been defau:
defendants are not entitled to any compensation herein;
6. That Defendant SPRING MOUNTAIN ESCROW CO1
successor in interest to SOUTHERN CITIES ESCROW CC
Corporation, filed a disclaimer of interest and is not e:
any compensation herein;
IT IS FWRTEER ORDERED, ADJUDGED AND DECRZgD:
7. That said total sum of $30,000.00 be distr
Defendants ANTHONY RONS, DICKY BONS, ANTHONY BONS
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN RZVOCABLE D
OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE ANTHON!
DICXy KOOR,EWUR BONS REVOCABLE LIVING TRUST, in care
attorneys, MICHAEL B. MCDONNELL, as follows:
Jdg:CASSIA.ord C145.16(02/20/96 1:42pm) 3
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deposited with the Court, and the County Treasure 2
(a) . That the sum of $20,400.00 has previously
31 herein authorized to issue a warrant to Defend
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KO()- BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOC 5
ANTHONY BONS, DICKY BONS p ANmONY BONS AND 0
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DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGN
TWE mQm BONS AND DICKY KOOEtEVAAR BONS REVOC
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1 I LIVING TRUST, in the sum of $20,400.00;
(b) . That Plaintiff pay directly to Defend
ANTHONY BONS, DICKY BONS, ANTHONY BONS AND D
KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN WOC
DECLARATION OF TRUST, DATED MAY 25', 1982 AND DESIGN
THE ANTHONY BONS AND DICKY KOOREVM BONS REVOC
UVING TRUST, the sum of $9,600 -00;
8. That Plaintiff seeks to take, acquire, conde
18 I the interests in said real property referred to and
19 I herein;
20 9. That trial, the right to trial, hearing on the i
27 making and filing of a Statement of Decision, the right tc
22 a new trial or appeal, Notice of Entry of Judgment ad
23 Recording Final Order of Condemnation are waived, and th
24 papent to Defendants as herein specified, that Plaintif
25 entitled to a Final Order of Condemnation.
26 Dated:
27 I Judge of the Superior Cou
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Jdg: CASSSA.otd Cf45.16 (Ol/tS/96 LZ : USpm)4
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RONALD R. BALL
CITY ATORNEV
D. RICHARD RUDOLF
ASSISTANT CITY ATTORNEY
JANE MOBALDI
DEPUTY CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(619) 434-2891
FAX: (61 9) 434-8367
4
March 18, 1996
Richard Freeland, Esq. Asaro, Keagy, Freeland ti McKinley Fourth Floor
3170 Fourth Avenue San Diego, California 92103
RE: CITY V. BONG
Dear Mr. Freeland:
Enclosed please find Resolution No. 96-81 authorizing the
approval of the settlement in the above referenced case. Although the adoption of Resolution No. 96-81 authorizes the CI Clerk to record the judgment, I understand you will be doing tl as a matter of course.
Please be kind enough to send copies of all correspondence and documents to both me and the City Clerk so that she may close 1 file on this matter.
Thank you for your assistance in this regard.
Ver truly yours,
RONALD LnL R. BALL
City Attorney
rmh enclosure
c: City Clerk