HomeMy WebLinkAbout1999-10-19; City Council; 15436; Settlement Poinsettia LN extension (N78509-1)c IJ CITY OF CARLSBAD - AGENDA BILL
AB# 15,436
MTG. 10/19/99
DEPT. CA
TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD.
THESETTLEMENT As REQUIRED BY THE BROWN ACT lN
CITY V. CARLSBAD PROMENADE RE: POINSETTIA LANE
EXTENSION
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At the closed session hearing of July 20, 1999 the City Council discussed and approved a
proposed settlement of the above referenced case subject to approval of the court. The court
has now approved the settlement in the form of a Stipulated Judgment and this item satisfies
the Brown Act requirement to report the fact of a settlement of litigation approved in a prior
closed session, and make the terms and conditions of the settlement available to the public.
This condemnation action was for purposes of a right of way easement, slope easement,
drainage easement and a temporary construction easement related to the Poinsettia Lane
Extension/Brigantine Drive Project. The funds for acquisition of the 6.3 acres are from the
Bridge and Thoroughfare District #2 Aviara Parkway/Poinsettia Lane Project.
The Stipulated Judgment attached is provided for public review.
FISCAL IMPACT:
The cost of the settlement is approximately $519,300 which is paid from Bridge and
Thoroughfare District #2 funds. There is no fiscal impact to the General Fund.
EXHIBITS:
Stipulated Judgment
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F II R E /) Chuff h supsnor tour, D
SEP 20 1999
BY C. KOGER
IN TFIE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, a municipal corporation, CASE NO. N 78509-l
Plaintiff,
V.
CARLSBAD PROMENADE PARTNERS, LLC, a Delaware Limited Liability Company,
Defendant.
i
STIPULATED JUDGMENT
1 Complaint Filed 07/02/98
) Hon. David B. Moon, Jr.
;
Dept: 24 Trial: July 16,1999
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! 1
It appearing to the court that plaintiff CITY OF CARLSBAD, through its attorneys of
record RONALD R. BALL, City Attorney and ASARO, KEAGY, FREELAND & MCKINLEY
by RICHARD R FREELAND, and defendant CARLSBAD PROMENADE PARTNERS, LLC,
a Delaware Limited Liability Company, through its attorneys THE LAW OFFICES OF LOUIS
E. GOEBEL, by ROBERT M. MILLER, have stipulated that judgment as 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 take, acquire and condemn the rights, title and interest in real
property as described and depicted in Exhibit “1” to plaintiffs Complaint, to which reference is
hereby made and by this reference, said description is made a part hereof as if fully set forth.
E.\MADUX~LSBADWRO~~~~~ @54 4199 k49AM) Stipula~cd hdgmmr
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2. That the condemnation and taking thereof is for the public purposes set forth in
the Complaint and is necessary for such public use.
3. That the payment to defendant CARLSBAD PROMENADE PARTNERS, LLC, a
Delaware Limited Liability Company of the sum of %625,000.00 for the taking of the real
property and interests in real property, shall constitute full and final payment for the
condemnation and taking of said real property and interests in real property, and extinguishes all
defendants’ claims which could have been made in this action, including, but not limited to
compensation for improvements, severance damages, interest, fees, costs, litigation expenses,
precondemnation damages, other damages, and all defendants’ claims relating to this action.
4. That said payment as hereinabove specified shall terminate, cancel, and
extinguish all liens, leaseholds, and encumbrances of whatsoever nature on said real property;
5. At such time as the CITY OF CARLSBAD accepts the Poinsettia Lane roadway
improvements through the CARLSBAD PROMENADE property, the CITY OF CARLSBAD
shall quitclaim to CARLSBAD PROMENADE, at no cost to CARLSBAD PROMENADE, the
slope easements and temporary construction easements being taken pursuant to this
condemnation action. The CITY OF CARLSBAD shall prepare the necessary deeds for these
conveyances and will record the same with the San Diego County Recorder.
6. This judgment shall not be a bar to defendant and its successors in interest to
object to a condition of the development of its remainder property relating to the completion of
Poinsettia Lane to its ultimate width.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
7. That said total sum of $625,000.00 be paid to defendant CARLSBAD
PROMENADE PARTNERS, LLC., a Delaware Limited Liability Company, as follows:
A. That the San Diego County Treasurer pay the sum of $105,700.00 to
defendant CARLSBAD PROMENADE PARTNERS, LLC from the funds
which were deposited on July 7, 1998, and send said payment in care of
defendant’s attorneys, THE LAW OFFICES OF LOUIS E. GOEBEL,
406 Maple Street, San Diego, California 92 103; and
EWADlCAlUSBADWROMENAD\judg.wpl
wxI4199 W9M.i) 2 Stipducd Judqmcm
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I B. That the City of Carlsbad pay the sum of $5 19,300.OO to defendant
CARLSBAD PROMENADE PARTNERS, LLC, and mailed to its
attorneys, THE LAW OFFICES OF LOUIS E. GOEBEL, 406 Maple
I Street, San Diego, California 92 103.
8. That the County Treasurer is authorked to issue a warrant to plaintiff for the
balance of the principal sum previously deposited with the court, if any, plus all accrued interest
to the date of the withdrawal.
9. That possession having been taken by plaintiff on August 12,1998, all taxes,
penalties, costs, liens, leaseholds, and encumbrances of whatsoever nature which are a lien on
said property and which are apportioned to that portion of the fiscal year after said date are
hereby canceled pursuant to Revenue & Taxation Code Section 508 1, et seq.
10. That trial, 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, notice of entry of judgment, and
notice of recording fmal order of condemnation are waived, and that upon payment to defendants
as herein specified, plaintiff shall be entitled to a final order of condemnation.
Dated: SEP 2 0 i939
DAVID 8. MOON, JR.
E:VMDUUSBALnPRom~udgwpd
(09/14/99 8:49AM) 3
Judge of the Superior Court
Sliplad Judynmt