Loading...
HomeMy WebLinkAbout2003-02-11; City Council; 17071; City v. Liew, Case No. GIN015983-1CITY OF CARLSBAD -AGENDA BILL 3 AB# 17,071 m: REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD. MTG. 2-11-03 CITY V. LIEW, CASE NO. GlNO15983-1 CITY ATTY. THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN RECOMMENDED ACTION: There is no action the Council needs to take. ITEM EXPLANATION: At the closed session hearing of July 9, 2002, 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 $40,000 including interest and costs which is paid from Bridge and Thoroughfare District #2 funds. There is no fiscal impact to the General Fund. . ., .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,,. . . :"? EXEMPT': FR&f:,FgEj I .. DALEY & HEFT, ATTORNEYS AT LAW DENNIS W. DALEY, ESQ. (BAR #070569) JAMES D. MATHISON, ESQ. (BAR #149387) ANDREW K. MUCH, ESQ. (BAR #137657) 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CA 92075 TELEPHONE: (858) 755-5666 FACSIMILE: (858) 755-7870 Associated With: !L ' i PER' Govi' CODE,, 'is .:61d! .. I "'i \5 1:: 1'. I /$ t' 8 h ',i.l ,. - (.~. , *!,r;.'pi~-):, "1 ,., , , . . .., \I L, ,i?r i_ ~ ..,,. i.. ,/I V.' ,, ,. ,,. RONALD R. BALL ~ ~ ~ ~ ~~ ~~~~ CITY OF CARLSBAD CITY ATTORNEY 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 TELEPHONE: (760) 434-2891 FACSIMILE: (760) 434-8367 Attorneys for Plaintiff CITY OF CARLSBAD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY DIVISION CITY OF CARLSBAD, a municipal ) corporation, ) Plaintiff, V. FAH S. LIEW; POLLY LIEW; ) SAN DIEGO GAS AND ELECTRIC ) COMPANY; FIELDSTONE/LA COSTA ) ASSOCIATES LIMITED ) PARTNERSHIP, a California ) limited partnership; THE ) COUNTY OF SAN DIEGO, a ) municipal corporation; all ) persons unknown claiming any title or interest in or to 1 the within described ) property; and DOES 1 through ) 50, inclusive, ) ) Defendants. 1 Case No. GIN015893-1 STIPULATED JUDGMENT IN CONDEMNATION Assessor's Parcel No. 223-170-33 (One Parcel) Judge : THOMAS P. NUGENT Dept . : 30 Trial Date: March 21, 2003 /// I STIPULATED JUDGMENT IN CONDEMNATION 1 I .. . , ./ 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 Plaintiff CITY OF CARLSBAD (hereinafter also referred to as "CITY"), defendant FAH S. LIEW and defendant POLLY LIEW (said defendants collectively also referred to herein as IILIEW") hereby stipulate and agree as follows: 1. Plaintiff CITY filed its Complaint in Eminent Domain on October 2, 2001, in the Superior Court of the State of California, County of San Diego, Case No. GIN015893-1, for the condemnation of property interests described in the exhibits to the Complaint for purposes of road widening and public improvements in the City of Carlsbad. The subject property is described in the Complaint and for identification purposes is known as Assessor's Parcel No. 223-170-33. 2. On October 2, 2001, CITY deposited with the court the amount of $9,500.00, said sum representing the amount of the appraised value of the property interests to be acquired. 3. Also, on October 2, 2001, the court issued its Order for Possession, authorizing CITY to take possession of the subject property interests as of November 5, 2001. Pursuant to the said Order for Possession, and subsequent stipulation of the parties, the CITY has taken possession of the property since November 5, 2001. 4. On or about October 12, 2001, defendants LIEW filed their Answer to Complaint in Eminent Domain in this action. In said Answer, defendants LIEW alleged that they were (at the time of filing their Answer) the owners of the subject property and that they each claimed therein to have some right, title, Ind/or interest in or to the property and property interests sought to be acquired by plaintiff CITY. Defendants LIEW STIPULATED JUDGMENT IN CONDEMNATION 2 .I 4 ,, ., , , t t 5 1( 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereby deny that any other person, firm or corporation has or claims any valid right, title or interest in and to the subject property. 5. On or about December 4, 2001, defendant SAN DIEGO GAS AND ELECTRIC COMPANY disclaimed any right, title or interest in or to the real property being acquired by CITY in this action. Said defendant was dismissed from this action on December 31, 2001. 6. On or about December 12, 2001, defendant THE COUNTY 3F SAN DIEGO disclaimed any and all interest in the property vvhich is the subject matter of this condemnation proceeding or in the compensation to be awarded herein. The disclaimer was zonditioned upon the CITY'S compliance with Sections 5082.1, j084(b) and 5091 of the Revenue and Taxation Code. The CITY ?as fully complied with the provisions of said statutes. Said iefendant was dismissed from this action on January 18, 2002. 7. On or about February 4, 2002, defendant FIELDSTONE/ LA COSTA ASSOCIATES LIMITED PARTNERSHIP disclaimed any right, :itle or interest in or to the real property being acquired by lITY in this action or in or to the compensation to be awarded lerein. Said defendant was dismissed from this action on larch 1, 2002. 8. There are no claims of interest in the subject xoperty of record or known to any party other than those set iorth hereinabove. 9. Defendants LIEW hereby accept THIRTY-EIGHT THOUSAND IND N0/100 DOLLARS ($38,000.00) as full and final settlement lor all claims that were or could have been asserted by said 3 STIPULATED JUDQMENT 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 defendants for the acquisition of the of the property described in CITY'S Complaint in Eminent Domain. Also, defendants LIEW waive all claims for further compensation as against CITY, including any additional compensation for the subject real property, improvements thereon or related thereto, attorney's fees, litigation costs, precondemnation damages, severance damages, loss of business goodwill, business reestablishment and/or relocation benefits, abutter's rights and any and all claims that were made or could have been made in this case, and further waive all rights to appeal. The parties stipulate that this is not a voluntary purchase on the open market, but rather is forced by the necessity for plaintiff to acquire this particular property for a public project. The compensation paid is not the fair market value of the subject property, but represents a compromise or settlement of legal claims in order to avoid the delay, uncertainty, and expense in continuing with this litigation. Defendants further waive any claim to interest or costs other than set forth herein below. 10. In addition to the $38,000.00 set forth in paragraph 8 (above), CITY shall pay defendants LIEW "interest and costs." For the purpose of this Stipulation and Judgment thereon, the term "interest and costs" shall be defined as set forth in this paragraph. "Interest" shall be calculated from the date of possession, November 5, 2001, pursuant to Code of Civil Procedure section 1268.310(b). Interest for the period from November 5, 2001, through December 31, 2001, shall be at the apportionment rate defined in Code of Civil Procedure section 1268.350(a) (1). The parties stipulate that this rate (1 , a. t f 5 1( I1 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is 5.731 percent per annum for the period ending December 31, 2001. Further, the parties stipulate that interest for this first period shall be $334.13. The interest for the period of January 1 through June 30, 2002, shall be at a rate of 3.993 percent per annum. Total interest for the six-month period ending June 30, 2002, shall be $754.86. The parties further stipulate that all interest for both periods, from date of possession to June 30, 2002, is $1,088.98. Daily interest which shall accrue for each day after June 30, 2002, shall be $4.28. Interest shall accrue until CITY places its payment to 3efendants in the U.S. mail to the address set forth herein Delow. Therefore, by way of explanation and example, if CITY nails its payment on July 30, 2002, total "interest," as that :erm is used in this stipulation, shall be $1,217.38, said sum aeing the total interest through June 30, 2002 ($1,088.98), ?lus $128.40 (30 days at daily interest of $4.28 per day). "Costs" for the purpose of this Stipulation and Judgment :hereon shall be defendants' filing fee of $386.00. CITY 3grees to be responsible for the payment of the mediator's fee lor services rendered at the mediation session which shall not ,e part of defendants' "costs. 1' No other costs or interest shall be paid by CITY to iefendants LIEW other than set forth herein above. 11. The parties stipulate that the settlement funds of 338,000.00, plus interest and costs, shall be paid in the iollowing manner: Plaintiff CITY shall pay directly to iefendants LIEW the amount of $38,000.00, plus interest and :osts (as defined above), via check payable to "FAH S. LIEW and 5 STIPULATED JVDGMENT IN CONDEMNATION < '. I - 1 - 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ., POLLY LIEW." Said check referenced in this paragraph shall be nailed in care of: Polly Liew Fah 3. Liew 9889 Blackgold Road La Jolla, CA 92037 12. The parties hereto stipulate that following execution 2f this stipulation and on payment being made by plaintiff iirectly to defendants LIEW of $38,000.00 plus interest and zosts (as defined above), any and all funds on deposit, including any and all accrued interest in the court account lrom the date of initial deposit forward shall be withdrawn on Iehalf of the CITY OF CARLSBAD. The parties further stipulate :o the Court issuing an order directing the County Treasurer to :awe a warrant to be drawn on the Court's Trust Fund for said imounts, payable to the "CITY OF CARLSBAD" with the warrant to ,e mailed in care of: DALEY & HEFT Dennis W. Daley, Esq. 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 :he parties further agree that counsel for CITY shall submit a &quest for Payment of Trust Funds from the Court's Trust iccount following entry of this Stipulated Judgment, and )ayment of the settlement amount. 13. Upon payment of $38,000.00, plus interest and costs :as defined above), by CITY to defendants LIEW, CITY shall be mtitled to a Final Order of Condemnation in these proceedings. I portion of the subject property, described in "Exhibit A" [Exhibit 1 to Complaint) attached hereto, is taken for and 1 L i f - I E 5 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 condemned to plaintiff CITY for a public purpose. Specifically, that real property described in "Exhibit B" attached hereto (said exhibit being Exhibit 3 to plaintiff's Complaint) is taken for and condemned as a permanent, exclusive easement in favor of CITY for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real property. That real property described in "Exhibit C" attached hereto (said exhibit being Exhibit 4 to plaintiff's Complaint) is taken for and condemned as a permanent easement for ROADWAY SLOPE PURPOSES over, under, upon and across said real property. Defendants LIEW shall retain their rights to develop the area within the ROADWAY SLOPE easement ("Exhibit C") subject to obtaining the appropriate written project approvals from the CITY OF CARLSBAD. A map depicting, as far as practicable, these easements is attached hereto as "Exhibit D" (said exhibit being Exhibit 5 to plaintiff's Complaint). Defendants LIEW further stipulate that the use for which the property is taken is authorized by law and is a public use, and that the taking in condemnation by CITY is necessary for that public use. CITY and defendants LIEN stipulate that upon entry of the Final Order of Condemnation, CITY shall be entitled to record'said Order with the County Recorder. The parties also hereby agree that title to said property shall vest in CITY upon recordation sf said Final Order of Condemnation. 14. After the Final Order of Condemnation (described above) is recorded with the County Recorder, the CITY shall record a withdrawal of the Lis Pendens Notice related hereto. 15. This stipulation may be executed in counterparts, STIPULATED JUDDMENT IN CONDEMNATION 7 , 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 which shall be effective as if signed as a single document. IT IS SO STIPULATED. Dated: (Jo,/6 3 , %+" DALEY & HEFT ANDREW K. RAU aintiff CITY DATED : 1- (0- 03 DATED : 1- /o - 03 ORDER Based upon the stipulation of the parties reflected above, and FOR GOOD CAUSE APPEARING, Judgment on the terms stipulated by the parties is hereby entered, The Court retains jurisdiction to enforce the terms of the Stipulated Judgment in. Zondemnation. IT IS SO ORDERED. JAN ]I 7 2003 DATED : THOMAS P. NUGENT JUDGE OF THE SUPERIOR COURT STIPULATED JUDGMENT IN CONDEMNATION 8 ATTORNEY 'OR PARTY WITHOUT ATTORNEY /NW,m, Sfclte barnuhber; and adU&/: , DALEY & HEFT, Attorneys at Law DENNIS W. DALEY, ESQ. JAMES D. MATHISON, ESQ. BAR x070569 ANDREW K. RAUCH, ESQ. BAR bl37657 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 BAR 11 49387 TELEPHONE NO.: (858) 755-5666 FAX NO.: (8581 755-7870 ATTORNEY FOR INamei: CiTY OF CARLSBAD FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO - HALL OF JUSTICE, 330 W BROADWAY, SAN DIEGO, CA 92101-3827 COUNTY COURTHOUSE, 220 W. BROADWAY, SAN OIEGO, CA 92101-3914 FAMILY COURT, 7501 KTH AYE.. SAN DIEGO, CA 92101-3295 - MADGE BRADLEY BLDG.. 1409 4TH AVE., SAN DIEGO. CA 92101-3105 XEARNY MESABRANCH, 6950 CLAIREMONT MESA BLVO., SAN OIEGO, CA 92123-1 167 - JUVENILE COURT, 2651 MEADOW LARK DR.. SAN DIEGO, CA 92123.2792 - X NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92083.6643 JUVENILE COURT, 325 S. MELROSE DR., VISTA, CA 92083-6634 IIAMONA BRANCH, 1429 MONTECITO RD., RAMONA, CA 92065-5200 EAST COUNTY DIVISION, 250 E. MAIN SI., EL CAJON. CA 920203841 SOUTH COUNTY DIVISION, 5M) 3RD AVE.. CHULA VISTA, CA 91910-5649 - - - - - - , PLAINTIFFlS)/PETITIONERlS) CITY OF CARLSBAD JUDGE: THOMAS P. NUGENT DEFENDANTlSl/RESPONDENTlS) FAH s. LIEW, et d. DEPT: 30 DATE: TIME: PROOF OF SERVICE BY MAIL CASE NUMBER (CCP 1013a(l) & (3) & Local Rules, Division II, Rule 5.X) GIN01 5893-1 I, the undersigned, declare that: I am over the age of 18 years and not a party to the case; I am employed in, or am a resident of, the County of San Dieqo. California, where the mailing occurs; and my businesshesidence address is: 462 Stevens Avenue, Suite 201. Solana Beach, California 92075. n X I further declare that i am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service; and that the correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business. FILED): STIPULATED JUDGMENT IN CONDEMNATION by placing a true copy of each document in a separate envelope addressed to each addressee, respectively, as follows: (For civil cases, specify the name of the so served, the nature and status of the party's involvement in the case, i.e. plaintiff, defendant, cross-complainant, etc.; and the name, address and phone number of the party's counsel of record, if any) I caused to be served the following documentls): (SET FORTH THE EXACT TITLE OF THE DOCUMENTIS) SERVED AND SEE ATTACHED SERVICE LIST n I then sealed each envelope and, with postage thereon fully pre-paid, X i deposited each in the United States Postal Service at: Solana Beach, California. c I placed each for deposit in the United States Postal Service, this same X day, at my business address shown above, following ordinary business practices. I declare under penalty of perjury under the laws of the State ' is true and correct. Urorn! \?I * zm3 SDSC CIV-SA [Rev. 3-001 PROOF OF SERVICE BY MAIL SD-SA .. I1 City of Carlsbad v. Fah S. Liew, et ai. Case No. GIN01 5893-1 I .. Rev. April 12, 2002 asr SERVICE LIST Page Ronald R. Ball City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 760-434-2891 Fax 760-434-8367 Associated Attorney for Plaintiff CITY OF Fah S. Liew Polly Liew 9889 Blackgold Road La Jolla, CA 92037 858-546-8088 Fax 858-546-0055 Defendants in Pro Per D I c.' . C' . . .. .. N GUAFL4hTE.E E A (REV. 1.2/15/95) EXHIBIT "A" 'RDER NO. 1259715-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DLEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 249 OF LA COSTA VALE LJNITNO. 1, ACCORDING TO MAP THEREOF NO. 7457, OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CENTELLA STREET AS SHOWN ON MA? NO. 7457, SAD POINT BEING ON THE ARC OF A 730.00 FOOTRADIUS CURVE, CONCAVE SOUTHWESTERLY, ARADW TO SAID PONT BEARS NORTH 84"17'15" EAST, SAD POINT ALSO BEING ON THE SUBDIVISION BOUNDARY OF SAID MAP NO. 7457; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE ZIIROUGHA CFl*TTRAL ANGLE OF 3O40'42" A DISTANCE OF 46.87 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID TRUE POINT OF BEGINNING BEARS NORTH 8OD3G'33" EAST; WCE ALONG THE EASTERLY RIGHT OF WAY OF CENTELLA STRBET, THE SOUTHEAST'kRLY RIGKT OF WAY LINE OF LEVANTE STREET, THE SOUTHWESTERLY RIGHT OF WAY LINE OF LA COSTA AVENLiE AND THE NORTHWESTER&.Y RIGHT OF WAY LINE OF RANCHO SANTA THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON FLE li? 131E OFFICE FE ROAD AS SHOWN ON SAID MAP NO. 7457, THE FOLLOWG COURSES: THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAD CURVE THROUGH A.CENTRAL ANGLE OF 16"36'33" A DISTANCE OF 21 1.62 FEET TO A POTNT OF REVERSE CURVATURE OF A 20.00 FOOT RADIUS CURVE, CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 88'36'09''; THENCE NORTHERLY ALONG THE ARC OF SAD CURVE A DISTANCE OF 30.93 FEET TO A POINT OF REVERSE CURVATURE OF A 2030.00 FOOT RADIUS THROUGH A CENTRAL ANGLE OF 3'3609" A DISTANCE OF 127.64 FEET THENCE TANGENT TO SAID CURVE NORTH 59°00'00" EAST, 366.99 FEET TO THE BEOINNING OF A TANGENT20.00 FOOT RADIUS CENTRAL ANGLE OF 86"40'29" A DISTANCE OF 30.26 FEET TO A POlNT OF REWE CURVATURE OF A CURVE CONCAVE SOUTHERLY; THENCEEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 842.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TKROUGH A CENIXAL ANGLE OF 16"50'26" A DISTANCE OF 247.48 FEET TO A POINT OF REVERSE CURVATURE OF A 20.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90"00'00", A DISTANCEOF31.42FEET;THENCETANGE~TOSAIDCURVESOUTH.38"50'03"WEST,311.97FBETTO THE BEGINNDJG OF A TANGENT 1551.00 FOOTRADIUS CURVE CONCAVE SOUTHEASTEBLY; THENCE DISTANCE OF 67.71 FEET TO A POINT, A RADIAL TO SAID POTNT BEARS NORTR 53"40'01" WEST; SOUTHWESTERLY ALONG THE ARC OF SAD CURVE THROUGH A CENTRAL ANGLE OF 2"30'04" A THENCE LEAVING SAID CURVENORTH 84"17'50" WEST, 332.61 FEETTO THE TRUEPOMT OF CURVE CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE . BEGINNING. 7 PR 01-23 PARCEL "A" LEGAL DESCRIPTION STREET DEDICATION A.P.N. 223-170-33 THAT PORTION OF LOT 249, MAP NO. 7457, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTHERLY END OF A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 51°09'5?" NEST, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF- WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'03", 31.42 FEET TO A POINT AT THE BEGINNING OF A REVERSE 842.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 38°50'00" EAST, SAID POINT BEING ON THE SAID MAP NO. 7457; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY SOUTHWESTERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE AS SHOWN ON LINE THROUGH A CENTRAL ANGLE OF 16'50'29", 247.50 FEET TO A POINT AT THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 55"40'29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'40'29", 30.26 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT- OF-WAY LINE OF LEVANTE STREET AS SHOWN ON SAID MAP NO. 7457; WEST, 6.01 FEET TO A POINT OF CUSP AT THE BEGINNING OF A 20 .OO THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY' LINE, SOUTH 59'00' 00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE mrus POINT BEARS SOUTH 31"OO' 00" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'41'52", 30.26 FEET TO A POINT AT THE BEGINNING OF A REVERSE 848.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 55'41'52'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY CENTRAL ANGLE OF 16°32'11", 244.75 FEET TO A POINT AT THE WHOSE RADIUS POINT BEARS SOUTH 39O09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'40 ' 22", 39.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT.-OF-WAY LINE OF RANCHO SANTA FE ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 3B050'03" EAST, 10.99 FEET TO THE POINT OF BEGINNING. STUART ENGINEERING STUART PEACE, RCE 27232 EXP 3-31-05 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 No 27232 Exp. 3-31-05 PAGE 1 OF 1 111-00-01 PsULDhllN\1ll\ld4BI.dos wwaom .. PR 01-62 PARCEL "B" LEGAL DESCRIPTION SLOPE EASEMENT A.P.N. 223-170-33 THAT PORTION OF LOT 249, MAP NO. 7457, IN THE CITY OF WLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTHERLY END OF A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 38'50' 03" WEST, 10.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 46D23'33" WEST, 98.16 FEET; THENCE NORTH 46'33'03'' WEST, 59.80 FEET; THENCE NPRTH 31'37'31'' WEST, 43.27 FEET; THENCE NORTH 33'25'.19" WEST, 30.22 FEET; THENCE NORTH 29O11'52" WEST, 53.52 FEET; THENCE NORTH 79'18'16" WEST, 15.58 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LEVANTE STREET AS SHOWN ON SAID MAP NO. 7457, SAID POINT BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 31°00'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'41' 52", RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE WIUS POINT BEARS NORTH 30.26 FEET TO A POINT AT THE BEGINNING OF A REVERSE 848.00 FOOT 55'41'52'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTAL ANGLE OF 16'32'11", 244.75 FEET TO A POINT AT THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS SOUTH 39'09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'40'22", 39.13 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINS 0.1172 ACRES, MORE OR LESS) n STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 EXHIBIITC PAGE 1 OF 1 A=86O 4j' 52" 50 25 C3 R~20.00 Le30.26' SCALE IN mT C4 R=25.00 A=89O 49' 22" L=39.13' mq INDICATES SLOPE EASEMENT -4 INDICATES STREET DEDICATION INDICATES ACCESS RIGHTS RELINQUISHED AND WAIVED ,_ f " - . RECORDING REQUESTED BY DALEY & HEFT, ATTORNEYS AT LAW MATHISON/ANDREW K. RAUCH 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CA 92075 WHEN RECORDED MAIL TO DENNIS w. DALEY/JAMES D. b NAME DALEY & HEFT, DENNIS W. DALEY/ JAMES D. MATHISON/ANDREW K. RAUCH MtLlNG 462 STEVENS AVENUE 4 'ADDRESS SUITE 201 \ "CCITY, STATE SOLANA BEACH, CA A\ ZIP CODE 92 0 7 5 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE T I T L E(S) FINAL ORDER OF CONDEMNATION [Code Civ. Proc., section 1268.0301 ,.' ? c 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 - 72972 DALEY & HEFT, ATTORNEYS AT LAW EXEMPT FROM FEES DENNIS W. DALEY, ESQ. (BAR #070569) PER GOV. CODE, I 6103 JAMES D. MATHISON, ESQ. (BAR #1493871 ANDREW K. RAUCH, ESQ. (BAR #137657) 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CA 92 075 TELEPHONE: (858) 755-5666 FACSIMILE: (858) 755-7870 Associated With: RONALD R. BALL CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CPLRLSBAD, CA 92008-1989 TELEPHONE: (760) 434-2891 FACSIMILE: (760) 434-8367 MAR 2 5 2003 BY A. LUM Attorneys for Plaintiff CITY OF CARLSBAD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COuNm OF SAN DIEGO NORTH COUNTY DIVISION CITY OF CARLSBAD, a municipal ) corporation, Plaintiff, 1 1 V. FAH S. LIEW; POLLY LIEW; SAN DIEGO GAS AND ELECTRIC COMPANY; FIELDSTONE/LA COSTA ) ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership; THE ) COUNTY OF SAN DIEGO, a 1 municipal corporation; all 1 persons unknown claiming any ) title or interest in or to ) the within described ) property; and DOES 1 through ) 50, inclusive, 1 ) Defendants. 1 /// Case No. GIN015893-1 FINAL ORDER OF CONDEMNATION [Code Civ. Proc., si 1268.0301 Assessor's Parcel No. 223-170-33 (One Parcel) Judge : THOMAS P. NUGENT Dept. : 30 1 [Code CLV. Proc., S 12b8.0301 , '8 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 72973 It appearing to the Court that the sum of money assessed by the Stipulated Judgment entered on January 17, 2003, in this proceeding has been paid.to defendants FAH S. LIEW and POLLY LIEW, It further appearing to the Court that possession was taken by plaintiff on November 5, 2001; now, therefore, IT IS HEREBY ORDEFUED, ADJUDGED AND DECREED that a portion of the real property described in Exhibit A attached hereto and made a part hereof, situated in the County of San Diego, State of California, be condemned to plaintiff for a public purpose. Specifically, the real property described in Exhibit B, attached hereto and made a part hereof, is condemned to plaintiff for a permanent, exclusive easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real property; and the real property described in Exhibit C, attached hereto and made a part hereof, is condemned to plaintiff for public purposes as a permanent easement for ROADWAY SLOPE PURPOSES over, under, upon and across said real property, defendants LIEW retaining their rights to develop the area within the ROADWAY SLOPE easement subject to obtaining the appropriate written project approvals from plaintiff, A map depicting, as far as practicable, the easements hereby condemned is attached hereto and marked as Exhibit D. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Order be recorded in the office 'of the County Recorder of the County of San Diego, State of California, and thereupon title to said property described in /// 2 FIPSLL ORUJU OF C- [code CLV. PrOCOr § 1268.03Ol 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 72974 Exhibits B and C shall vest in plaintiff, its successors, and its assigns. DATED : .MAR 2 5 2003 THOMAS P. NUGENT JUDGE OF THE SUPERIOR COURT The Wegoirta instrument is a full. Wand corrd copy ofthe original on fils in this office. A. LUM 2 .. , -A N GUARAN'TEE E A (REV. 12/15/95) - ,. . I. , ._ ! %PER NO, 2259715-20 72975 EWIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DLEGO, AND rs DESCR~BED AS FOLLOWS: . THAT PORTION OF LOT 249 OF LA COSTA VALE UNITNO, I, ACCORDING TO ht4P THEREOF NO. 7457, M THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON FLE IN THE OFFICE FOLLOWS: OF THE COUNTY RECORDER OF SAN DLEGO COUA", BETNG MORE PARTICULARLY DESCRlBED AS . COMMENCING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CENTELLA STREET AS SHOWN ON MAP NO, 7457, SAD POMT BEIN6 ON THE ARC OF A 730.00 FOOT.RADNS CURVE, CONCAVE SOUTHWESWY, A RADIAL TO SAID'PONT BEARS NORTH 84'17'15" EAST, ,SAID POINT ALSO BEING ON THE SUBDMSION BOUNDARY OF SAID MAP NO. 7457; THENCE NORTHERLY ALONG TH€ ARC OF SAID CURVE TEELOUGH A CENW ANGLE OF 3'40'42" A DISTANCE OF 46.87 FEET TO TEE TRUE POINT OF BEGDINING, A WL4L TO SAID TRUE? POINT OF BEGmG BEPLRS NORTH 80"36'33" EAST; THENCE ALONG 'TEE3 EASTERLY RTGHT OF WAY OF CENTELLA STREET, THE SOUTKEAST'%RL.Y "GET OF WAY LINE OF LEVAHIE STREET, THE SOUTHWESTERLY RIGHTOF WAY LINE OF LA COSTA AVENUE AND THE N0R"WESTBRL.Y RIGHT OF WAY LINE OF RANCHO SANTA NORTHERLY ALONO TKE ARC OF SAID CURVE THROUGH A.CENTRr9L ANGLE'OF lG"36'33" A DISTANCE OF 21 1,62 FEET TO A POINT OF REVERSE CURVATURE OF A 20.00 FOOT RADrtTS CURVE, CONCAVE ' EAS'ERLY WTH A CENTRAL ANGLE OF 88"36'09"; THENCE kORTHERLY ALONG ARC OF SAID CURVE A DISTANCE OF 30.93 FEET TO A POINT OF REVERSE CURVATURE OF A 2030.00 FOOT RADIUS THROUGH A CENTRAL ANOLE OF 3"36'09" A DISTANCE OF 127.64 FEET: T"NCE TANGENT TO SAID CURVE NORTH 59"OO'OO" EAST, 366,99 FEET TO TKE BEGINNING OF A TANGW 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG TKE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'4029'' &DISTANCE OF 30.26 FEET TO A POMT OF REVERSE CURVATURE OF A 842,OO FOOT RADIUS CURVE CONCAVE NORTKEASTEUY; THENCE SOUTHEASTERLY ALONG THE ' ARC OF SAID CURVE TEIROUGH A Cl?NTML ANGLE OF 16"50'26" A DISTANCE dF 247.48 FEET TO A POMT OF REVERSE CURVATURE OF A 20.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTKERLY ALONG THE ARC OF SAlD CURVE THROUGH A CENTRAL ANGLE OF 90"00'00", A DISTANCE OF 3 1,42 FEET; THENCE TANGENT TO SAID CURVE S0U'TR.38°50'03'1 WEST, 31 1.97 FEET TO THE BEGMNING OF A TANGENT 1551.00 FOOTR4DlUS CURVE CONCAVE SOuTfIi3ASTERLY; THENCE SOUTHWESTERtY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAt ANeLZ OF 2"30'04" A DISTANCE OF 67.71 FEETTO A POINT, A RADIAL TO SAID POTNT BEARS NORTH 53O40'01" WEST; THENCE LEAVMG SAID CURVENORTH 84'17'50" WEST, 332.61 FEET TO THE TRUE POW OF BEGINNMG. m ROAD AS SHOWN ON SAID MAP NO. 7457, THE FOLLOWING cowms: THENCE CONTINUING CURVE CONCAVE NORT'HWBSTEmY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID (TLTRVE . 7 PR 01-23 PARCEL %A'' LEGAL DESCRIPTION 72976 STREET DEDICATION A.P.N. 223--170-33 TKAT PORTION OF LOT 2 4 9, MAP ,NO, 74 5 7 I IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTHERLY END OF A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH 51'09' 57'' WEST, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF- WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457 ; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'03", 31.42 FEET TO A POINT. AT THE BEGINNING OF A REVERSE 842.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 3 BO50 ' 00" EAST, SAID POINT BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE AS SHOWN ON SAID MAP NO. 74 5 7 ; THENCE NORTHWESTERLY ALONG SAID RIGHT -OF -WAY LINE THROUGH A CENTRAL ANGLE OF 16'50'29", 247.50 FEET TO A POINT AT THE BEGINNING OF A REVERSE 20.00 FOOT 'RADIUS CUR.VE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 55'40'29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTIUUl ANGLE OF 86'40'29'', 30.26 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT- OF-WAY LINE OF LEVANTE STREET AS SHOWN ON SAID MAP NO. 7457; THENCE ALONG SAID SOUTKEASTERLY RIGHT-OF-WAY' LINE, SOUTH 59'00' 00 WEST, 6 . 01 FEET TO A POINT OF CUSP AT THE BEGINNING OF A 2 0.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 3 1'0 0 0 0" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'41'52", 30.26 FEET TO A POINT AT THE BEGINNING OF A REVERSE 84 8.0 0 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 55'41'52" EAST; THENCE SOUTHEASTZRLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'32' 11" I 244.75 FEET TO A POINT AT THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS SOUTH 39O09' 41" WEST; TKENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENT- ANGLE OF 8 9'40 ' 22 I 39.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT,-OF-WAY LINE OF RANCHO SANTA FE ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 38'50'03'' EAST, 10.99 FEET TO THE POINT OF BEGINNING. (CONTAINS 0 .A41 ACRES , MORE OR LESS) A /L /f- 4-0s STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX (619) 296-9276 PAGE 1 OF 121-00-01 11/04/2002 P1\~IN\l2l\ld484.doc 1 PR 01-62 PARCEL "B" LEGAL DESCRIPTION SLOPE EASEMENT A.P.N. 223-170-33 THAT PORTION OF LOT 249, MAP NO. 7457, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE SOUTI-IERLY END OF A 20.00 FOOT WIUS CURVE CONCAVE WESTERLY, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457; THENCE ALONG SAID RIGHT-'OF-WAY LINE SOUTH 3 8'5 0 03 WEST, 10.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 46'23'33" WEST, 98.16 FEET; THENCE NORTH 46'33'03". WEST, 59.'80 FEET; TEENCE NORTH 31'37'31" WEST, 43.27 FEET; THENCE NORTH 33'25'.19" WEST, 30.22 FEET; THENCE NORTH 29'11'52" WEST, 53.52 FEET; .THENCE NORTH 79'18'16'' WEST, 15.58 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LEVANTE STREET AS SHOWN ON SAID MAP NO. 7457, SAID POINT BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 31'00'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8 6'41 52" , 3 0.26 FEET T.0 A POINT AT THE BEGINNING OF A , REVERSE 848.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 55'41'52" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTAL ANGLE OF 16'32' ll,', 244.75 FEET TO A POINT AT THE BEGINNING OF A REVERSE 25.00 FOOT RADIUS CIDtVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS SOUTH 39'09'41'' WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENT€?.?& ANGLE OF 89'40'22", 39.13 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINS 0.1172 ACRES, MORE OR LESS) STUART PEACE, RCE 27232 EX? 3-31-05 STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX (619) 296-9276 PAGE 1 OF 1 lal-oo-ol ~l/or/aooa Pt\AM.lfN\12l\ld484.dOC 1 40' 29" C2 R=20.00' L=30.26' I"= 50' A=Mo 4i ' 52" C3 R=20.00' L=30.26' A=89O 40' 22" C4 R=25.00' L=39.13' INDICATES SLOPE EASEMENT INDICATES STREET DEDlCAllON INDlCATES ACCESS RIGHTS RELINQUISHJED AND .WAIVED