HomeMy WebLinkAbout2001-05-08; City Council; 16181; Poinsettia Lane Extension Proposed Settlement8 is % ft
CITY OF CARLSBAD -AGENDA BILL 3
AB# /bj \sf TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD.
THESE~~LEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. CITY V. BAKER AND CITY V. RUDVALIS RE: POINSE-ITIA s- s-- 0 1 CITY AIN.
LANE EXTENSION
DEPT. CA CITY MGR. a
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At the closed session hearing of March 6, 2001, 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 an Interlocutory 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 makes 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 Interlocutory Judgment attached is provided for public review.
FISCAL IMPACT:
The cost of the settlement is approximately $325,400, which is paid from Bridge and Thoroughfare District #2 funds. There is no fiscal impact to the General Fund.
EXHIBITS:
Interlocutory Judgment
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
3. 19
20
21
22
23
24
25
26
27
28
I..? II l!¶ Is, j=J clafkoflhesu~~ L
APR 2 6 2001
BY: L. LIMON
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD,
PIai.llti@
1
V. 1
WI$IAMBAKER, DONNAMARIEBAKER, 1 ‘, ; Defendants. 1
CITY OF CARLSBAD, ! 1 Plairl~
1 V. 1
1 1OSEPH A. RUDVALIS and BARBARA G. RUDVALIS, etc., et al., 1
Defendants. !
IT HAVING BEEN STIPULATED by and between:
No. N78249- 1
Complaint Filed 06/03/98 Judge: Moon, Dept. 24
No. N 78252-l
Complaint Filed 06/03/98 Judge: Moon, Dept. 24
INTERLOCUTORY JUDGMENT IN CONDEMNATION
Plaintiff CITY OF CARLSBAD, by and through its counsel of record, ASARO, KEAGY,
FREELAND & MCKINLEY, Special Counsel, by Richard R. Freeland, Esq.; and Defendants
WlLLIAM BARER and DONNA MARIE BARER (hereinafter collectively “BAKER”), by and
through their counsel of record, PALMIERI, TYLER WIENER .WILHELM & WALDRON, LLP,
by Ronald M. Cole, Esq., that a Partial Interlocutory Jud_ment in Condemnation as to all claims and
%b&ZARLSBAl3Baku’,TRL4X.Ubc-Jdgmtwpd US/O1 IZ:l4PM IXIERLOCTJTORY JUDGMEljT IN CONDEMNAnON
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
interests of Defendants BAKER in the real property described in Plaintiffs complaint on file herein,
including but not limited to the claims of Defendants BAKER for just compensation,
precondemnation damages, litigation expenses, and any damages or injury to business goodwill,
improvements pertaining to the realty, machinery, furniture, fktures, equipment, inventory, and
relocation benefits, may be entered in the sum and containing the terms and conditions specified
herein, and that a Statement of Decision and Notice of Entry of Judgment are waived,
AND GOOD CAUSE APPEABING THEREFOR,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
L
The total compensation herein assessed for all claims and interests of Defendants BAKER in
the real property described in PlaintifTs complaint on file herein, including but not limited to the
claims OfDefendants BAKER for just compensation, damages, precondemnation damages, litigation
expenses, or in@ry to business goodwill, improvements pertaining to the real@, machinery, furniture,
fixtures, equipment, inventory, and relocation benefits, is the sum of $3 25,000.00, plus interest and
ordinary costs, less the sum of $79,600.00 withdrawn by BAKER, for a net sum to be paid to
Defendants BAKERinthe amount of $245,400.00, plus interest and ordinary costs. BAKER further
disclaims any and all entitlement to any funds remaining on deposit.
IL
The payment to Defendants BAKER of the above-specified sum shah be in full payment for
all claims and interests of Defendants BARER in the real property described in Plaintiffs complaint
on file, including but not limited to the claims of Defendants BAKER for just compensation,
precondemnation damages, litigation expenses, and any other damages, or injury to business goodwill,
improvements pertaining to the realty, machinery, fbmiture, fixtures, equipment, inventory, and
relocation benefits, and shah be in fi.tIl payment for all damages of every kind and nature suffered or
to be suffered by Defendants BAKER by reason of the acquisition of said parcel and the construction
and use of the project in the manner proposed by PlaintifEI
I. 2 INTERL.OCUTORY IUDGMENT. IN CONDEMNATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
lIL
The sum of $325,000.00, less the sum of $79,600.00 withdrawn by Defendants BAKER,
for a net sum to be paid to Defendants BAKER in the amount of $245,400.00 plus interest and
ordinary costs, shah be payable to Defendants BAKER and shah be paid and distributed to
Defendants BAKER. PlaintifFis hereby directed to cause a warrant to be drawn for said sum and
to pay the same directly to Defendants BAKER, with the warrant to be mailed by PlaintiEto:
William Baker and Donna Marie Baker c/o Pahnieri, Tyler, Wiener, Wilhelm & Waldron, LLP 2603 Main Street, Suite 1300 Irvine, California 926 14-6228
Iv.
Upon payment of the above-specified sum for the benefit ofDefendants BAKER all interests
of Defendants BAKER in and to said property the subject of this condemnation action shall be
condemned to PlaintifFas against Defendants BAKER in fee simple absolute, unless a lesser estate
is described, and all interests of Defendants BAKER in and to said parcel shall be terminated.
V.
The purpose for which said property the subject of this condemnation action is sought to be
taken is a public use author&d by law, and the taking of said parcel is necessary for such use.
VI.
Possession having been taken by Plaintiff fromDefendants BAKER on July 9,1998, all taxes,
penalties, and costs which are a hen on said parcel and which are apportioned to that portion of the
fiscal year after said date are hereby canceled pursuant to Section 508 1, et seq. of the Revenue and
Taxation Code.
I//
I//
/II
G:WC~BAo\BakdTRlALk-Jmt.wpd 4WOI 12114 PM 3 KSTERLOCLJTORY JUDGMENT IN CONDEMNATION
21
22
23
24
25
26
27
28
I
VII.
The parties agree and understand that this Interlocutory Judgment between Plaintiff CITY
OF CARLSBAD and Defendants BAKER shall be incorporated into the Final Judgment and the Final
Order of Condemnation.
@I?26 2@l Dated:
E)AVlD B. MOON, JR.
Judge of the Superior Court
ri~ARLSB~~~~Ul~-J~t.wpd 41YO11214 PM 4 JNTERLOCUTORY JUDGMENT IN CONDEMNATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
u I4 Is L.
CIerkof tha Supwtor court L ’
RONALD BALL, CITY ATTORNEY ApR 2 e 2001 1200 CARLSBAD VILLAGE DlUW
CAE2LSBAQ CA 92008 BYL.LIMo~
fiSAR0, KEGtGY, FREELAND & MCKINLEY, Special Counsel ROSCOE D. KEAGY, SB# 32541 RJCHARD R FREELAND, SB# 64092 STEVEN A. MCKINLEY, SB# 89656 3 170 Fourth Avenue, Fourth Floor San Diego, California 92103 Telephone: (6 19) 297-3 170 Facsimile: (619) 299-4268
Attorneys for PlaintifF
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
l-N AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, 1 1 Plaintiff,
j
V. 1
1 ZLIAMBAKER DONNAMARIEBAKER, j
-2 1 Defendants. )
CITY OF CARLSBAD, j
Plaintiff 1 1
V. 1
JOSEPH A. RUDVALIS and BARBARA G. ! RUDVALIS, etc., et al., 1
Defendants.
‘//
‘ff
iAkmlr\C~SBAD\BAKFR\T~lip-lloc.wpd YYOI 12’14 Pbf
No. N78249-1
Complaint Filed 06/03/98 Judge: Moon, Dept. 24
No. N 78252-l
Complaint Filed 06/03/98 Judge: Moon, Dept. 24
STIPULATION FOR INTERLOCUTORY JUDGMENTIN CONDEMNATION
Trial Date: April 6,200l Time: 8:30 am Dept. : 24
STIPULATION FOR INTERLOCUTORY
JUDGMENT IN CONDEMNAlTON
1
2
3
4
5
6
7
8
9
10
11
. 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, by and through its
counsel of record, ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel, by Richard R
Freeland, Esq.; and Defendants WILLIAM BAKER and DONNA MARIE BAKER (hereinafter
collectively “BAKER”), by and through their counsel of record, PALMIERI, TYLER WIENER
WILHELM & WALDRON, LLP, by Ronald M. Cole, Esq.:
1. That the Interlocutory Judgment in Condemnation attached hereto as Exhibit “A” and
incorporated herein by this reference, shall be entered forthwith; and
2. That any and all references contain in said Interlocutory Judgment in Condemnation
to the release of claims of Defendants BAKER for compensation for “any damages or injury to
business goodwill, improvements pertaining to the realty, machinery, furniture, fixtures, equipment,
inventory and relocation benefits” are the ckims of Defendants BAKER solely and shall not apply to
the claims of Defendant PAM KOIDE dba BIRD ROCK TROPICALS for just compensation. The
parties hereto recognize that Defendant PAM KOIDE dba BIRD ROCK TROPICALS is claiming
in the action just compensation for damages for injury to improvements pertaining to the realty,
ma&inery, furniture, fixtures, equipment, and inventory relating to the business BIRD ROCK
TROPICAJS located on the real property and owned by Defendants BAKER Defendants BAKER
hereby disclaim any interest in and to the compensation to be awarded herein for the claims being
made by PAM KOlDE dba BIRD ROCK TROPICALS.
/I/
/If
/II
GXmkV2ARLSBADU3AKER\TiialUtip~o.wpd 4’5/01lz:14 PM
STIF’UJLATION FOR INTERLOCUTORY
JUDGMENT IN CONDEMNATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3 That Defendants BAKER hereby waive trial, the right to trial, hearing on the issues,
the making ‘and filing of a Statement of Decision, Notice of Entry of Judgment, Notice of Recording
Final Order of Condemnation, and the right to move for a new trial or appeal.
Date: d%r/o/ /
Date: zJ/2(/~ ’
APPR&ED:
Date: 4-23 -0 I By:
Date: & lt, 1
;:~MARL~BA~BAKER\~S~@~.~ 4117m11235 Phi
ASARO, KEAGY, FREELAND & MCKINLEY
- ROSCOE D. KEAGY RICHARDR FREELAND STEVEN A. MCKINLEY Special Counsel for Plaintiff CITY OF CARLSBAD
;%ym& WZENER, WILHELM &
/
By: RONALD M. COLE Attorneys for Defendants
‘- DONNA MARIE BAKER, Defendant
2 STIFWLATION FOR INTERLOCUTORY
JUDGMENT IN CONDEMNATION