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.
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EXEMPT': FR&f:,FgEj
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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:
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PER' Govi' CODE,, 'is .:61d!
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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
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STIPULATED JUDGMENT IN CONDEMNATION 1
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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
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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
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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
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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
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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
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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 ,
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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
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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
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City of Carlsbad v. Fah S. Liew, et ai.
Case No. GIN01 5893-1
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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.
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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
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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
,.'
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- 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
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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
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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