HomeMy WebLinkAbout1997-11-18; City Council; 14427; TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN CITY V. SARKARIA N6894 ALGA ROAD RIGHT OF WAY EASEMENTc 0 .- -c, 2
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CITY V. SARKARIA N69894 MTG. 1 1 / 1 8 / 9 7 THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN DEPT. HD. - TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF
CITY MGR. 5 IDEPT. CA
c- ALGA ROAD RIGHT OF WAY EASEMENT CITY ATTY. G
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RECOMMENDED ACTION:
There is no action the Council needs to take. 1 ITEM EXPLANATION:
At the closed session hearing of August 26, 1997 the City Council discussed and apl
proposed settlement of the above referenced case subject approval of the court. T
has now approved the settlement in the form of a Stipulated Judgment and this item
the Brown Act requirement to report the fact of a settlement of litigation approved i
closed session, and make the terms and conditions of the settlement available to the F
The Stipulated Judgment attached is provided for public review.
FISCAL IMPACT:
The cost of the settlement is approximately $142,901 54.
EXHIBITS:
Stipulated Judgment
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F;O&E ID SUP&ORIMUNiCIPAL COUI:
my 24 1997
@I‘ “!\’CRS!nE COUFdTy
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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11 A Municipal Corporation, 1 CITY OF CARLSBAD, 1 NO. 288574 10
FOR THE COUNTY OF MUERSPDE
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Plaintiff,
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j STIPULATED JUDGMENT ) ? ) )
ELAINE SARKARIA: SECURITY PACIFIC 1 DALJIT S. SARKARIA;
NATIONAL BANK, a National Banking j Association; JAMES I. KUROMI; ) JUDGE: Gary B. Tranbarger MARY K. KUROMI; RAYMOND T. KURIHARA) DEPT: 15 TOSHIKO M. KURIHARA; YOSKIRO OISHI; ) SUEKO OISHI; TAMA OISHI; PAUL K. ) KAWAKAMI; VIRGINIA H. KAWAKAMI; ) MARY F. KAWAKAMI; PACIFIC TITLE ) GUARANTY COMPANY, a California 1 Corporation; SECURITY PACIFIC 1 NATIONAL BANK; COUNTY OF SAN DIEGO; ) WELLS FARGO BANK. National ) Association; SAN DIEGO GAS & ELECTRIC COMPANY; BANK C)F PJJENCA; MELINDA I. SMITH; and, DOES 1 Through 100, Inclusive,
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j 1 1 1 1 1 ) 24 Defendants. 1 1 25
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RONALD R. BALL, City Attorney, and ASARO, KEAGY, FREELAND & MCKINLI 27
It appearing to the Court that Plaintiff CITY OF CARLSBAD, through its attorney
Counsel, by RICHARD R. FREELAND, and by Defendants DALJIT S. SARKARIA ar 28
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1 SARKARIA, 'through their attorneys of record, VON ESCH & DICKSON, by ROBE]
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ESCH, JR., and Defendant BANK OF AMERICA NATIONAL TRUST AND
ASSOCIATION (erroneously sued herein as SECURITY PACIFIC NATIONAL BANK
Banking Association, SECURITY NATIONAL BANK and BANK OF AMERICA),
attorneys of record, WHITE & CASE, by BRIAN L. HOLMAN, have stipulated that J
hereinafter set forth may be entered; and it further appearing to be a proper case therefor;
IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condemn the rights, title and interest in I
as described and depicted in Exhibit '' 1 I' to Plaintiffs Compiaint and Exhibits I' I and 2" I
Amended Complaint, to which reference is hereby made and by this reference, said desc
made a part hereof as if fully set forth;
2. That the condemnation and taking thereof is for the public purposes set forth in th
and Amended Complaint and is necessary for such public use;
3. That the payment into San Diego County Superior Court (Case # N69894) 01
$1 11,501.54, in addition to the sum of $30,700.00 previously deposited into court on DI
1995, and the sum of $700.00 previously deposited into court on May 10, 1996, for a t
deposited into court in the sum of $142,901.54, less the sum of $2,320.21 for taxes due and (
COUNTY OF SAN DIEGO, for a net payment of $140,581.33, to defendants DALJIT S. :
and ELAINE SARKARIA, BANK OF AMERICA NATIONAL TRUST AND
ASSOCIATION, as their respective interests may appear; for the taking of the real F
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interests in real property, shall constitute full and final payment for the condemnation and ta
real property and interests in real property, and extinguishes all defendants' claims whick
been made in this action, including, but not limited to compensation for improvement,
damages, interest, fees, costs, litigation expenses, precondemnation damages, other dam;
defendant's claims relating to this action;
4. That said payment as hereinabove specified shall terminate, cancel, and extingu
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5. That defendants SAN DIEGO GAS & ELECTRIC COMPANY and MELIND 28
leaseholds, and encumbrances of whatsoever nature on said real property;
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were dismissed and having been dismissed, said defendants are not entitled to any compens;
6. That defendants JAMES I. KUROMI, MARY K. KUROMI, RAYMOND T. K
TOSHIKO M. KURIHARA, YOSKIRO OISHI, SUEKO OISHI, TAMA OISHI,
KAWAKAMI, VIRGINIA H. KAWAI(”I, MARY F. KAWAKAMI, PACIFIC TITLE G
COMPANY, a California Corporation, COUNTY OF SAN DIEGO, EQUITABLE DEED C
and LINO RAMOS filed disclaimers and having filed disclaimers, said defendants are not en
compensation herein;
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and complaint in eminent domain, hiled to respond within the time ailowed by law, said de 9
7. That defendant WELLS FARGO BANK, National Association, was served with
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8. That the County Treasurer is herein authorized to issue a warrant to Defendants 12
IT IS FURTHER ORDERED, ADJUDGED AND DECREED: 11
defaulted;
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To DALJIT S. SARKARIA, ELAINE SARKARIA, and BANK OF
AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION in
the sum of $140,581.33;
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I8 I1 That the County Treasurer is herein authorized to issue a warrant to Plaintiff for th
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the principal sum previously deposited with the Court, if any, plus all accrued interest to the
withdrawals;
21 9. That Plaintiff seeks to take, acquire, condemn and own the interests in said re
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canceled pursuant to sections 5081 et seq. of the Revenue and Taxation Code; 28
a lien on said parcel and which are apportioned to that portion of the fiscal year after said datr 27
herein, all taxes, penalties, costs, liens, leaseholds, and encumbrances of whatsoever natur 26
as to the property described in Exhibit “2” attached to the amended complaint in eminent d 25
described in Exhibit “A” attached to the complaint in eminent domain filed herein and on M 24
10. That Possession having been taken by Plaintiff on December 19, 1995 as to t 23
referred to and described herein;
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1 1. That trial, the right to trial, hearing on the issues, the making and filing of a S
Decision, the right to move for a new trial or appeal, Notice of Entry of Judgment an
Recording Final Order of Condemnation are waived, and that upon payment to defendar
specified, Plaintiff shall be entitled to a Final Order of Condemnation.
Dated: ,f$g 2 4 w GPt~;y- * ,c T;T; ,j ii 6 It b,':?; <& 1: bJ z At&...,.d ?-?i-l'" '3
Judge of the Superior Court
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