HomeMy WebLinkAbout1999-10-19; City Council; 15437; Settlement City v. Gallagher (N78253-1)_- --
c;rTY OF CARLSBAD -AGENDA BILL 41 0 ‘-I
AB# ~5~~37 TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD.
THE’ETTLEMENT As REQUIRED BY THE BROWN ACT IN
MTG. 10/19/99 CITY V. GALLAGHER RE: POINSETTIA LANE EXTENSION CITY ATTY.
DEPT. CA C1TYMGR.m
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, and
a temporary construction easement related to the Poinsettia Lane Extension/Brigantine Drive
Project. The funds for acquisition of the property 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 $431,000 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 camL&2L El
JUL 20 I999
‘BX A. LUM
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, A Municipal Corporation,
Plaintiff,
V. -
NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER
AND DEBRA L. GALLAGHER FAMILY
TRUST DATE 04/24/81; LAIRD CAMERON;
CATHERINE ANN CAMERON; and DOES 1 THROUGH 100, Inclusive,
- Defendants.
1 No. N 78253-l
; STIPULATED JUDGMENT
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Complaint Filed 06/03/98
Hon. Thomas P. Nugent
1 Department 27
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Trial: July 2,1999
j
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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 defendants NORMAN G. GALLAGHER, Trustee of the
Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/81; LAIRD CAMERON;
and CATHERINE ANN CAMERON, through their attorneys, DETISCH & CHRISTENSEN, by
DONALD W. DETISCH, have stipulated that judgment as hereinafter set forth may be entered;
and it further appearing to be a proper case therefor;
E.\OldDi*\WPWCS\MAD\CARLSBAD\GALLAGHE\rt
107/19/99 lO’5IAMI
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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;
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 defendants NORMAN G. GALLAGHER, Trustee of the
Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/8 1; LAIRD CAMERON;
and CATHERINE ANN CAMERON, of the sum of $200,000.00 for the property and property
interests being taken and $275,000.00 for severance damages to the remainder property, for a
total sum of $475,000.00, and other considerations set forth in Exhibit “A” attached hereto and
incorporated herein by this reference, 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;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
5. That said total sum of $475,000.00 be paid to defendants NORMAN G.
GALLAGHER, Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust date
04/24/g 1; LAIRD CAMERON; and CATHERINE ANN CAMERON as follows:
A. That the San Diego County Treasurer pay the sum of $44,000.00 to
defendants NORMAN G. GALLAGHER, Trustee; LAIRD CAMERON;
and CATHERINE ANN CAMERON fkom the funds which were
deposited on June 9,1998, and send said payment in care of defendants’
attorneys, DETISCH & CHRISTENSEN, 444 W. C Street, # 200,
E:\Ol~i*\WPWCs\MI\D\CARLSBAMOMLAGHEWpj ,“..#.nnn .A r. ..a\ 2 Sdpuhed Judgment
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San Diego, California 92 10 1; and
B. That the City of Carlsbad pay the sum of $43 1 ;OOO.OO to defendants
NORMAN G. GALLAGHER, Trustee; LAIRD CAMERON; and
CATHERINE ANN CAMERON.
C. That Plaintiff will use its best efforts to pay defendants promptly but in no
event later than the statutory time period.
4. That the County Treasurer is author&d 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.
5. That the rights, benefits, and obligations inuring to the parties pursuant to this
stipu&ion for judgment and stipulated judgment, including Exhibit “A” thereto, shall be binding
upon the parties, heirs, assigns, and successors in interest.
6. That plaintiff take, acquire, condemn, and own the interests in said real property
referred to and described herein.
7. That possession having been taken by plaintiff on July 9, 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 5081, et seq.
8. _ 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 final order of condemnation are waived, and that upon payment to defendants
as hereinspecifted, plaintiff shall be entitled to a final order of condemnation.
Dated: JUi201999
THQMN I? NUGENT
Judge of the Superior Court
E:\OldDi~k\WPWCS\MAA~SBAD\GMLA~ip~~~.~
(07/19/99 ILMIAM) 3 Stipulued Judgment
EXHIBIT “A”
In addition to the payment of $475000.00 from the City of Carlsbad to Norman G,
Gallagher, Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust Dated
04/24/8 1; Laird Cameron, and Catherine Ann Cameron (hereinafter collectively called
“Gallagher”) as set forth herein, the following items are part of the agreement between the
parties:
1. At such time as the City of Carlsbad accepts the Poinsettia Lane roadway
improvements through the Gallagher property, the City of Carlsbad shall, if requested by
Gallagher, quitclaim to Gallagher, at no cost to Gallagher, the slope easements being taken
pursuant to this condemnation action. The City shall prepare the necessary deeds for these
conveyances and will record the same with the San Diego County Recorder.
2. At such time as the Carlsbad Municipal Water District facilities, located within
the Poinsettia Lane right of way are completed and in service, so that the Water District facilities
located within the Water District easement running in an east-west diction along the southerly
portion of the Gallagher property are no longer necessary, the staff of the City of Carlsbad will
request the said Water District easement to be abandoned and quitclaimed to Gallagher. It is
anticipated that said abandonment will occur in the reasonably near future.
3. At such time as the temporary construction easements being taken pursuant to this
condemnation action across the Gallagher property are no longer necessary for the construction
of the project, the City of Carlsbad shall, upon the request of Gallagher, quitclaim to Gallagher,
at no cost to Gallagher, said temporary construction easements. The City shall prepare the
necessary deeds for these conveyances and will record the same with the San Diego County.
Recorder.
4. The City of Carlsbad shall cause to be replaced, at no cost to Gallagher, the
property comers that were in place prior to the construction of the project and which were
disturbed or destroyed as a part of the project. It is anticipated that the two northerly property
comers of the Gallagher property, and the southeasterly property comer will be required to be
replaced.
5. Gallagher shall not be required, now or in the future, to have any landscaping or
maintenance obligation with respect to the roadway slope constructed at the northwest comer of
the Gallagher property northerly of Poinsettia Lane. The areas of the slope easements, whether
quitclaimed to Gallagher or not, will be included for density allowances under any future
development proposal.
6. The City of Carlsbad will use its best efforts and cooperate with Gallagher relative
to the procurement of any grading permits that Gallagher may seek to obtain from the City of
Carlsbad to develop their remainder property.
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RONALD BALL, City Attorney 1200 Carlsbad Village Drive
Carlsbad, CA 92008
Ih’LEY) Special Counsel JUL 2 0 PW
By: A.. i.AfS:~ ASARO, KEAGY, FREELmD & McK
ROSCOE D. KEAGY, SB# 32541
RICHARD R. FREELAh’D, SB# 64092
3 170 Fourth Avenue, Fourth Floor
San Diego, California 92 103
Telephone: (6 19) 297-3 170 Facsimile: (6 19) 299-4268
Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUh’TY OF SAN DIEGO
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CITY OF CARLSBAD,
Plaintiff,
V.
> No. N 78253-l
1 STIPULATION FOR
;
JUDGMENT
NORVAN G. GALLAGHER, Trustee, etc., et al.,
Defendants.
1 Complaint Filed 06/03/98
> Hon. Thomas P. Nugent
j
Department 27
Trial: July 2, 1999
)
IT IS HEREBY STIPULATED by plaintiff CITY OF CARLSBAD, through its
attorneys of record, RONALD R. BALL, City Attorney, and ASARO, KEAGY, FREELAND &
MCKINLEY, by RICHARD R. FREELaD, and by defendants NOR?fAN G. GALLAGHER. -
Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/81; LAIRD
CA-MEROX; and CATHERlNE Ah% CAMERON, through their attorneys, DETISCH &
CHRISTENSEN, by DONALD W. DETISCH, as follows:
1. That Judgment in the within action may be entered in the sum and containing the
terms and conditions of the attached proposed judgment marked Exhibit “A” and by this
reference made a part of this stipulation; and that fees, costs, litigation expenses, interest and
precondemnation damages or other damages are waived.
-s-l I-..l~..--1C_.,.“,r.“. C”.n%C-ID--L- _...- .?.A..-a C.in*lznm ‘*- ,.,tv,-.t,j
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2. That Defendants hereby waive trial, the right to trial, hearing on the issues,
he making and filing of a Statement of Decision, Notice of Entry of Judgment, Notice of
iecording Final Order of Condemnation, and the right to move for a new trial or appeal.
Iated: ASARO, KEAGY, FREELAND & MCKINLEY
Dated: %& /$ fsfir DETISCH & CHRISTENSEN
Dated: 7-/9-5v
Dated:. ~d?bV
By: RICHARD R. FREELAND Attorkys for Plaintiff
. &
of the Norm& G. Gallagher and
Debra L. Gallagher Fa$ly Trust
date 04/24&
Dated: 7- w- 9 7
CATHERJXE ANY CAMERON
S,,:s.,con fcr kdemr
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
-
CITY OF CARLSBAD, A Municipal Corporation,
Plaintiff,
V.
NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLAGHER FAMILY
TRUST DATE 04/24/81; LAIRD CAMERON;
CATHERINE ANN CAMERON; and DOES 1 THROUGH 100, Inclusive,
Defendants. -
No. N 78253-l
> STIPULATED JUDGMENT
; Complaint Filed 06/03/98
> Hon. Thomas P. Nugent
> Department 27
;
Trial: July 2, 1999
i
;
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 defendants NORMAN G. GALLAGHER, Trustee of the
Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/81; LAIRD CAMERON;
and CATHERINE ANN CAMERON, through their attorneys, DETISCH & CHRISTENSEN, by
DONALD W. DETISCH, have stipulated that judgment as hereinafter set forth may be entered;
and it further appearing to be a proper case therefor;
L1 -. .= 4. _I I...-4
E.\OldDirk\WPDOCSLMAD\C~SBhD\GALLAGHE Stipulated ludgmenr
(07/19/99 I~5Iai)
1 IT IS ORDERED, ADJUDGED AND DECREED:
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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;
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 defendants NORMAN G. GALLAGHER, Trustee of the
Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/81; LAIRD CAMERON;
and CATHERINE ANN CAMERON, of the sum of $200,000.00 for the property and property
interests being taken and $275,000.00 for severance damages to the remainder property, for a
total sum of $475,000.00, and other considerations set forth in Exhibit “A” attached hereto and
incorporated herein by this reference, 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;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
5. That said total sum of $475,000.00 be paid to defendants NORMAN G.
GALLAGHER, Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust date
04/24/8 1; LAIRD CAMERON; and CATHERINE ANN CAMERON as follows:
A. That the San Diego County Treasurer pay the sum of $44,000.00 to
defendants NORMAN G. GALLAGHER, Trustee; LAIRD CAMERON;
and CATHERINE ANN CAMERON from the funds which were
deposited on June 9, 1998, and send said payment in care of defendants’
attorneys, DETISCH & CHRISTENSEN, 444 W. C Street, # 200,
E.\OldDisk\WPDOCS\MAD\CARLSBAD\GALLAGHEL
(07/19/99 Io’5IAM) 2 Stipulated Judgment
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San Diego, California 92 10 1; and
B. That the City of Carlsbad pay the sum of $43 1 ;OOO.OO to defendants
NORMAN G. GALLAGHER, Trustee; LAIRD CAMERON; and
CATHERINE AN-N CAMERON.
C. That Plaintiff will use its best efforts to pay defendants promptly but in no
event later than the statutory time period.
4. That the County Treasurer is authorized 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.
5. That the rights, benefits, and obligations inuring to the parties pursuant to this
stipulation for judgment and stipulated judgment, including Exhibit “A” thereto, shall be binding
upon the parties, heirs, assigns, and successors in interest.
6. That plaintiff take, acquire, condemn, and own the interests in said real property
referred to and described herein.
7. That possession having been taken by plaintiff on July 9, 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.
8 *-- 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 final 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:
Judge of the Superior Court
E ‘OldDisk\WPDOCSLWAD\CARLSBAD\CiALLAGHE\ (07119199 IO SIAM) 3 Sdpulued Judgment
EXHIBIT “A”
In addition to the payment of $475,000.00 from the City of Carlsbad to Norman G.
Gallagher, Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust Dated
04/24/S 1; Laird Cameron, and Catherine Ann Cameron (hereinafter collectively called
“Gallagher”) as set forth herein, the following items are part of the agreement between the
parties:
1. At such time as the City of Carlsbad accepts the Poinsettia Lane roadway
improvements through the Gallagher property, the City of Carlsbad shall, if requested by
Gallagher, quitclaim to Gallagher, at no cost to Gallagher, the slope easements being taken
pursuant to this condemnation action. The City shall prepare the necessary deeds for these
conveyances and will record the same with the San Diego County Recorder.
2. At such time as the Carlsbad Municipal Water District facilities, located within
the Poinsettia Lane right of way are completed and in service, so that the Water District facilities
located within the Water District easement running in an east-west direction along the southerly
portion of the Gallagher property are no longer necessary, the staff of the City of Carlsbad will
request the said Water District easement to be abandoned and quitclaimed to Gallagher. It is
anticipated that said abandonment will occur in the reasonably near f&u-e.
3. At such time as the temporary construction easements being taken pursuant to this
condemnation action across the Gallagher property are no longer necesszy for the construction
of the project, the City of Carlsbad shall, upon the request of Gallagher, quitclaim to Gallagher,
at no cost to Gallagher, said temporary construction easements. The City shall prepare the
necessary deeds for these conveyances and will record the same with the San Diego County
Recorder.
4. The City of Carlsbad shall cause to be replaced, at no cost to Gallagher, the
property comers that were in place prior to the construction of the project and which were
disturbed or destroyed as a part of the project. It is anticipated that the two northerly property
comers of the Gallagher property, and the southeasterly property comer will be required to be
replaced.
5. Gallagher shall not be required, now or in the future, to have any landscaping or
maintenance obligation with respect to the roadway slope constructed at the northwest comer of
the Gallagher property northerly of Poinsettia Lane. The areas of the slope easements, whether
quitclaimed to Gallagher or not, will be included for density allowances under any future
development proposal.
6. The City of Carlsbad will use its best efforts and cooperate with Gallagher relative
to the procurement of any grading permits that Gallagher may seek to obtain from the City of
Carlsbad to develop their remainder property.
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F II Lcif D Dlw*dbWOwre D
AIL 2 0 1999
BY A. Lm
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
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CITY OF CARLSBAD,
A Municipal Corporation,
Plaintiff,
V. -
NORMAN G. GALLAGHER, TRUSTEE
OF THE NORMAN G. GALLAGHER
AND DEBRA L. GALLAGHER FAMILY TRUST DATE 04/24/8 1; LAIRD CAMERON; CATHERINE ANN CAMERON; and DOES 1
THROUGH 100, Inclusive,
- Defendants.
>
; >
‘, > >
j
; 1 1 ? )
No. N 78253-l
STIPULATED JUDGMENT
Complaint Filed 06/03/98 Hon. Thomas P. Nugent Department 27
Trial: July 2, 1999
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 defendants NORMAN G. GALLAGHER, Trustee of the
Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/81; LAIRD CAMERON;
and CATHERINE ANN CAMERON, through their attorneys, DETISCH & CHRISTENSEN, by
DONALD W. DETISCH, have stipulated that judgment as hereinafter set forth may be entered;
and it further appearing to be a proper case therefor;
E \OldDisk\WPDOCS\MAD\CARLS&4D\GALLAGHElstipjudg.wpd
(07/19/99 IO SIAM)
Stipulated Judgment
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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;
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 defendants NORMAN G. GALLAGHER, Trustee of the
Norman G. Gallagher and Debra L. Gallagher Family Trust date 04/24/8 1; LAIRD CAMERON;
and CATHERINE ANN CAMERON, of the sum of $200,000.00 for the property and property
interests being taken and $275,000.00 for severance damages to the remainder property, for a
total sum of $475,000.00, and other considerations set forth in Exhibit “A” attached hereto and
incorporated herein by this reference, 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;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
5. That said total sum of $475,000.00 be paid to defendants NORMAN G.
GALLAGHER, Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust date
04/24/8 1; LAIRD CAMERON; and CATHERINE ANN CAMERON as follows:
A. That the San Diego County Treasurer pay the sum of $44,000.00 to
defendants NORMAN G. GALLAGHER, Trustee; LAIRD CAMERON
and CATHERINE ANN CAMERON from the funds which were
deposited on June 9, 1998, and send said payment in care of defendants’
attorneys, DETISCH & CHRISTENSEN, 444 W. C Street, # 200,
E \OldDisk\WF’DOCS!MAD\CARLSBAD\G~LAGHE~ipjudg.wpd
(07/19/99 IO 5lAM) 2 Stipulated Judgment
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8 balance of the principal sum previously deposited with the court, if any, plus all accrued interest
9 to the date of the withdrawal.
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.14 referred to and described herein.
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16 penalties, costs, liens, leaseholds, and encumbrances of whatsoever nature which are a lien on -
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20 statement of decision, the right to move for a new trial or appeal, notice of entry of judgment, and
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B.
C.
San Diego, California 92 10 1; and
That the City of Carlsbad pay the sum of $43 1 ,OOO.OO to defendants
NORMAN G. GALLAGHER, Trustee; LAIRD CAMERON; and
CATHERINE ANN CAMERON.
That Plaintiff will use its best efforts to pay defendants promptly but in no
event later than the statutory time period.
4. That the County Treasurer is authorized to issue a warrant to plaintiff for the
5. That the rights, benefits, and obligations inuring to the parties pursuant to this
stipukttion for judgment and stipulated judgment, including Exhibit “A” thereto, shall be binding
upon the parties, heirs, assigns, and successors in interest,
6. That plaintiff take, acquire, condemn, and own the interests in said real property
7. That possession having been taken by plaintiff on July 9, 1998, all taxes,
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 5081, et seq.
8. _ That trial, the right to trial, hearing on the issues, the making and filing of a
notice of recording final order of condemnation are waived, and that upon payment to defendants
as hereinspecified, plaintiff shall be entitled to a final order of condemnation.
Dated: JUL aOl9W
THOMAS P NUGENT
E \OldDiak\WPDOCS\MAD\CARLSBAD\GALLAGHE~tipjudg wpd
(07119199 10 5lAM) 3
Judge of the Superior Court
Stipulated Judgment
EXHIBIT “A”
In addition to the payment of $475,000.00 from the City of Carlsbad to Norman G.
Gallagher, Trustee of the Norman G. Gallagher and Debra L. Gallagher Family Trust Dated
04/24/8 1; Laird Cameron, and Catherine Ann Cameron (hereinafter collectively called
“Gallagher”) as set forth herein, the following items are part of the agreement between the
parties:
1. At such time as the City of Carlsbad accepts the Poinsettia Lane roadway
improvements through the Gallagher property, the City of Carlsbad shall, if requested by
Gallagher, quitclaim to Gallagher, at no cost to Gallagher, the slope easements being taken
pursuant to this condemnation action. The City shall prepare the necessary deeds for these
conveyances and will record the same with the San Diego County Recorder.
2. At such time as the Carlsbad Municipal Water District facilities, located within
the Poinsettia Lane right of way are completed and in service, so that the Water District facilities
located within the Water District easement running in an east-west direction along the southerly
portion of the Gallagher property are no longer necessary, the staff of the City of Carlsbad will
request the said Water District easement to be abandoned and quitclaimed to Gallagher. It is
anticipated that said abandonment will occur in the reasonably near future.
3. At such time as the temporary construction easements being taken pursuant to this
condemnation action across the Gallagher property are no longer necessary for the construction
of the project, the City of Carlsbad shall, upon the request of Gallagher, quitclaim to Gallagher,
at no cost to Gallagher, said temporary construction easements. The City shall prepare the
necessary deeds for these conveyances and will record the same with the San Diego County
Recorder.
4. The City of Carlsbad shall cause to be replaced, at no cost to Gallagher, the
property comers that were in place prior to the construction of the project and which were
disturbed or destroyed as a part of the project. It is anticipated that the two northerly property
corners of the Gallagher property, and the southeasterly property comer will be required to be
replaced.
5. Gallagher shall not be required, now or in the future, to have any landscaping or
maintenance obligation with respect to the roadway slope constructed at the northwest corner of
the Gallagher property northerly of Poinsettia Lane. The areas of the slope easements, whether
quitclaimed to Gallagher or not, will be included for density allowances under any future
development proposal.
6. The City of Carlsbad will use its best efforts and cooperate with Gallagher relative
to the procurement of any grading permits that Gallagher may seek to obtain from the City of
Carlsbad to develop their remainder property.
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