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HomeMy WebLinkAbout; Fernandez, Victoria; 1998-0339280; CondemnationRECORDING REQUESTED BY: ASARO, KEAGY, FEELAND & MCKINLEY By: RICHARD R. FREELAND, ESQ. 3 170 Fourth Avenue, Fourth Floor ) Sari Diego, CA 92103 1 (6 19) 297-3 170 ) ) ) By: RICHARD R. FREELAND, ESQ. ) Sari Diego, CA 92103 ) AND WHEN RECORDED MAIL TO: ASARO, KEAGY, FREELAND & MCKINLEY 3 170 Fourth Avenue, Fourth Floor ) (6 19) 297-3 170 Exempt From Filing Fees Per Govt. Code 8 6103 This Space for Recorder's Use Only FINAL ORDER OF CONDEMNATION SAN DIEGO SUPERIOR COURT CASE NO. N 78250-1 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 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CO~TY OF SAN DIEGO CITY OF CARLSBAD, NO. N78250-1 A Municipal Corporation, Plaintiff, V. FINAL ORDER OF CONDEMNATION VICTORIA FER"DE2, etc., et al., Defendants. It appearing to the Court that judgment in condemnation has been entered in the above-entitled action on August 21, 2001, adjudging that Plaintiff is entitled to take by condemnation the property described in the judgment on file herein and more llly described hereafter and in accordance with this judgment, Plaintiff has paid the sum of money due; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the real property and real property interests situated in the County of San Diego, State of California, and more particularly described in Exhibit "A" attached hereto and made a part hereof, be condemned to Plaintiff for the purpose ofits Poinsettia Lane ExtensiodBrigantine Drive Project in the manner proposed by Plaintiff in fbrtherance of public and general welfare. //I Ill Ill G.kWC.4RLSBAD\Fnnmd.\ficOrd.wd '2145.24 (1OTuI1 3:32PY) FINAL ORDER OF 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 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 herein shall vest in Plaintiff. Dated: /0 -25-0( G:\kmk\CARLSBAD\Femande\fin-Ord.wpd lOR2/01 2:13 PM Judge of the Superior Court FINAL ORDER CF CONDEMNATION REcOEDING REQUESTED BY AND WHEN'RECORDED, PtEASE MAIL TO: City Clerk City of Carisbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: The undersigned grantar(s) dec!are(s): Documentary transfer tax is Se ( ) computed on lull value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: ( x )City of Carlsbad. and encumbrances remaining at time of sale. Assessor's Parcel No.: APN 215070-14 DOCUMENT NO.: 020FERN - Space above this line for Recorder's Use - NO RECORDING FEE REQUIRED: mis DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane 8 Aviara Park,vay Reference: RW/OZOFERN INDIVIDUAL GRANT DEED - FOR A VALUABLE CONSIDEMTION, receipt of which is hereby acknowledged, VICTORIA FERNAND= AS TRUSTEE UNDER THE FERNANOEZ TRUST DATED APRIL 21, 1982 iereby GRANTS to the be following described real property which is situated in the City of Carlsbad, County of San Diego, State of California, as more padjculady described in the attached Exhibit "A" and as shown on the ittached Exhibit "8". The Grantor understands that the present intention of the Grantee is to construct and maintain 1 public highway on the lands hereby conveyed in fee 2nd the Grantor, for the Grantor's successors tnd assigns, hereby wsjves any claims for any and all damages to grantor's remaining propeq :ontiQuous to the property hereby conveyed by reason of the !OCatiOn, construction, landscaping or naintenance of said highway. (AS used above, the tern "Grantof shall include the PlurZlCdS well 2s the singular number.) BY: V1CTORIA FERNANDEZ L 1 STATE OF )ss. 1 COUNTY OF I (NOTARY JURAT) On before me. personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be me penon(s) whose namefs) idam subscribed lo me within kIsLrument and acknowledged to me that helshelthey executed the Same in hihermeir authorized capacjpy(ies). and that by hisiherftheir dgnalUR(S) On the instrument the penon(s) - or the entiv upon behalf of which the penon(s) aced. executed the Instrument. WITNESS my hand and oficial seal. Signature: (This area for official notarial seal) EXHIBIT "A" . LEGAL DESCRIPTION FERNANDEZ FAMILY TRUST PR. 3.4.315 (POINSETTIA LANE & BRlGAN77NE DRIVE) HEiiElN LYING WITHIN PARCEL "A" (OWNERSHIP PARCEL) DESCRIBED HEREIN. TKOSE PORTIONS OF PARCELS 1 AND 2 (DEDICATION PARCELS) DESCRIBED PARCEL (OWNERSHIP PARCEL) THE NORTHEAST QUARTER OF THE SOUTFWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOVOW" 12 SOUTH, RANGE 4 WEST, SAN BERNARDlNO MERIDIAN, AS DESCRIBED IN QUITcMtM DEED RECORDED NOVEbIBER 10, 1982 AS Flk NO. 82-348161 OF OFFICIAL RECORDS OF SAN D~EGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. 4 . ‘L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINS~lA LANE, NORTH 72012‘46“ EAST (NORTH 72047’00” EAST PES MAP 12972), 185.00 FEET 70 THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE THROUGH A CENTWL ANGLE OF 02041’01” A DISTANCE OF 65.57 FEET (02a41’72”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27050’53”, A DISTANCE OF 680.46 FEn; THENCE NORTH 41040’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A SAID CURVE THROUGH A CENTRAL ANGLE OF 08.1 1’26” A DISTANCE OF 200.13 FEET TO A POINT HEilEINAkTER REFERRED TO As POINT “A”; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42036’00” A DiSTANCE OF 1040.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “8” OF CERTlFiCATE . NORTHEASTERLY ALONG SAjD CENTERLINE AND THE ARC OF SAID CURVE k RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF OF COMPLIANCE RECORDED MARCH 11, I997, FILE NO. 1997-010631 OF OFFICIAL RECORDS; T~ENCE A,LONG SAID SOUTHERLY LINE, SOUTH 87031’42” EAST, 134.77 FEn TO THE SOUTHEAST CORNER OF SAID PARCEL “E”, SAD POINT BEING OCCUP]ED BY A 3/4“ IRON PIPE MARKED “RCE 8210“. PARCEL 2 (DEDICATION PARCEL - BRlGANTINE DRIVE) COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" SAID POINT BEING Oh THE ARC OF A 1400.00 FOOT fUDNJS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH $0'07'42" WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40"07'42" WEST, 51.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF 'THE HEREINAGOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40"07'42" WEST, 727.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°2J'29", AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22"38i13t1 WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1-jo33i05ta, AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL 'E" OF CERTIFICATE OF COMPL~ANCE RECORDED MARCH 11, 1997 FILE NO. 1997- FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTiNUATlON OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTE r" ,L Y LINE OF SAKI PARCEL "a", - 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87"27'43" EAST, 3.54 FEET PAGE 3 OF 4 JOHN W. HILL, JR. HUNSAKER a ASSOCIAYES SAN DIEGO. INC. LS. 5669 I SCALE 1" = 100' .' FERNANDEZ FAMILY TRiJST 275-070- 74 KCLLJKUINC~ HEQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Or. Cadsbad, California 92008 MAIL TAX STATEMENTS TO: (c EXEMPT The undersigned granlor(s) deciare@): Documentary transfer tax is SO.UJ ( ) computed on full value of property conveyed. or ( ) computed on full value less value of liens and ( ) Unincorporated area: ( x ) Cily of Carlsbad, and encumbrances remaining at time of sate. Assessor's Parcel No.: APN 215-070-14 DOCUMENT NO.: 021 FERN - Space above this line for Recorder's Use - NO RECORDING FEE REQUIRED: THIS OOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALfFORNlA GOVERNMENT CODE Prcjec!: Poinsettia Lane Extension Location: Poinsettia Lane 8 Aviam Parkway Reference: RW1021 FERN OR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21 , 1982 xeby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, tsernents for the constm&n and maintenance of slopes and incidents thereto, upon, over and across that :dah real property hereinafter described, together With; sements for temporary anstmctjon purposes and incidents thereto, upon, over, and across that certain real 3perty hereinafter described. This document was executed this day of ,1998. BY: VICTORIA FERNANDEZ (NOTARY JURAT) 1 STATE OF )ss. 1 COUNN OF 1 On before me. personal!y appeared personally known to me (or proved lo - (This area for oiTcfa1 notarial sea/) (JAWJAC. INC.. Expropnation Consultants) EXHlBIT "A" LEGAL DESCRIPTION FERNANDEZ FAMILY TRUST PR. 3.2.103 (SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN QUITCLAIM DEED RECORDED NOVEMBER 70, 1982 AS FILE NO. CARLS8AD, COUNTY OF SAN DIEGO, STATE OF CALlFORNfA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING -MORE PARTICULARLY DESCRIBED AS FOLLOWS: 82-348161 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF THE BEGI~NING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50"47"26" A DISTANCE OF 1241.05 F.'E~ TO A POINT ON THE SOUTHERLY LINE OF PARCEL "8" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1?97, FILE NO. SOUTH 87O31'42" EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B", SAID POINT GEING OCCUPIED BY A 314" IRON PIPE MARKED "RCE 821 0". 1997-01063I OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF L4ND TO BE SHORTENED OR EXTENDED so AS TO TERMINATE SOUThWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL '8" OF SAID CERTIFICATE OF COMPLIANCE AND &4STERLY IN THE WESTERLY LINE OF HACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12,1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. . WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40'07'42" WEST, 51.00 FEET TO A POW ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRlBED PARCEL I SAID POINT SEfNG THE TRUE POlN7' OF BEGINNING; THENCE CONTINUING NORTH 40"Q7'42" WEST, 727.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17"29'29", AN ARC LENGTH OF 91.58 FEFT; THENCE .1 NORTH 22'38'13" WEST, -117.75 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADlUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°33~05i0, AN AX LENGTH Of 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PA_RCEL "B" OF CERTIFICATE OF COFT/1PLIANCE RECORDED MARCH 17, 1997 FILE NO. fgS7- 0106631 OF OfFICIAL RECORDS AND LYING SOUTH 87"27'43" EAST, 3.54 FEET FROM THE SOUThWEST CORNER OF SAID PARCEL '8", THE CONTINUATION OF SAlD CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF - SAID PARCEL "B". THE SiDELlNES OF SA~D 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTEWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE AND TflE SOUTHERLY LINE OF PARCEL "A" OF CERTIFJCATE OF COMPLIANCE RECORDED MARCH 11, 7997 FILE NO. 1997-0106633 OF OFFICIAL RECORDS. ' RECORDED MARCH 17, 7997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS LANE) SAID POINT BEING THE TRUE' POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORM 87"37'28" WEST, 149.88 FEET; THENCE L~V~NG SAID SOUTHERLY LINE, NORTH 71'28'42" EAST, 133.39 FEET; THENCE NORTH 53044'32" EAST, 183.78 FEn To A POINT ON THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SA15 SKTlON 22; THENCE ALONG SAID EASTERLY LINE, SOUTH OZ"23'14" EAST, 16.23 FEET TO AN lNTERSEC?lON WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL -l (PROPOSED POINSETTIA LANE); THENCE ALONG SAlD NORTHERLY LINE, SOUTH 41~40'52" WEST.188.87 FEET TO THE TRUE POINT OF BEG INNING. - THE HEREINAB OVE-DESCRl8ED PARCEL OF LAND CONTAlNS 0.218 ACRE MORE OR LESS. TRUE POINT OF BEGINNING. THE HERhNABOVE DESCRfBED PARCEL OF LAND CONTAfNS 0.182 ACRE MORE OR LESS. PARCEL 5 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEQIST CORNER OF PARCEL 'A" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 7897-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 87"42'26" WEST, 8.79 FEET TO A POINT IN THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTlNUtNG ALONG SAID SdUTHERL)' LINE, NORTH 87'42'26" WEST, 30.13 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 23'22'44" EAST, 108.26 FEET TO A POINT ON THE EASTE.SLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, NORTH 02O23'14" WEST, 57.33 FEET TO A POINT IN SAID WESTERLY SIDELINE OF PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A 372.00 FEET A F$,DlAL LINE TO SAlD POINT BEARS SOUTH 71'43'15" WEST; CENTRAL ANGLE OF 07'43'12" A DISTANCE Of 42.04 FEET TO THE TRUE POINT OF BEGINNING. FXGE 5 OF 6 PARCEL 6 (TEMPORARY CONSTRUCTION BSEMENf) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL .A" OF CERTIFICATE OF COMPLIANCE RECORDED. MARCH 11, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE CONTINUING ALONG SAID SOUTHERLY LINE,' NORTH 8742'26" WEST, 30.13 FEET TO THE TRUE POiNT OF BEGJNNING; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 23°22'44" EAST, 108.26 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH OZ"23'14" EAST, 54.88 FEET; THENCE LEAVING SAjD EAST& LINE, NORTH 29'41'10" WEST, 3.09 FEET; THENCE ALONG A LINE THAT 1s PARALLEL WITH AND 20.00 FEET SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF SAID PARCEL 4, NORTH 23"22'4" WEST, 166.04 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "A OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997- 0106633 OF OFFjClAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87'42'26'' EAST, 22.1 9 FES TO THE TRUE POINT OF BEGINNING. SOUTHERLY LINE THEREOF, NORTH 87042'26" WEST, 8-79 FEET; THENCE . . - THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.064 ACRE MORE OR LESS. 9-49 3-3-78 JOHN W. HILL, JP,. HUNSAKER a ASSOCIF\TES SAN DIEGO, INC. L.S. 5669 .. !e. CA 92714 CONSTAUCTION 1) 251-51W EXPIRE 9/30/99 EXHIBIT "3" E;6suIEjvTs i'c 4CU g&L% 3-3-40, FR. 3.2.703 mpuu JCHN W. HIU, JR LS. 5663 PARCEL 0.064 ACRE IY I ri J-A tn 0 30 60 90 . SCALE I’ = 30’ August 28,2001 TO: City Clerk FROM: Secretary to City Attorney CITY V. FERNANDEZ Attached, is the Stipulation for Judgment and Stipulated Judgment in the above referenced case. Please make them attach men ts ASARO, KEAGY, FREELAND & MCKJNLEY ATTORNEYS AT LAW ROSCOE D KEAGY FOURTH FLOOR RICHARD R. FREELAND STEVEN A. MCKINLEY. 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE 1619) 297-3170 FACSIMILE 16191 299-4266 .ALSO ADMITTED IN NEVADA _-- FRANK L. ASARO OF COUNSEL MI-. Ronald Ball City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: City of Carlsbad v. Victoria Femandez Dear Mr. Ball: Enclosed for your records are conformed copies of the Stipulation for Judgment and the Stipulated Judgment in the above-captioned matter. Also enclosed is a memorandum of costs submitted by Mi. Detisch seeking the total sum of $1,073.50 as and for costs in this matter and the related matters of Carlsbad v. Baker and Carlsbad v. Atchison. Pursuant to the terms of the stipulated judgment, I would appreciate it if you would provide me with a check from the City in the amount of $101,073,50 payable to Victoria Fernandez as Trustee under The Fernandez Family Trust dated April 21, 1982, representing the principal amount and the costs due in this matter. Upon receipt of this sum, I will then calculate interest and request an additional check for the interest due Mrs. Fernandez. Please feel fiee to call should you have any questions. Very truly yours, ASARO, KEAGY, WELAND & McKINLEY w 'chard R. Freeland RRF/jlr Enclosure ' .- 4-. , d # 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 le 1s 2c 21 2: 2: 2r 2. 21 3 7 - ..) !'. .. 1.7 8. ONKD R B&L, City Attorney, State Bar f74105 arlsbad, CA 92OCS-1989 ,- ~. -\*- 5 1 7 . . q- , ,+si ~ ,%% ITY OF CARLSBAD 200 Carlsbad Villase Drive SARO, KEAGY, FREJUND & I\/IcKm.uy, Specid Counsel .OSCOE D. KEAGY, SBS 32541 3cHARD R FREELAW, SEI# 64092 170 Fourth Avenue, Fourth Floor an Diego, California 92103 'eiephone: (61 9) 297-3 170 acsimile: (6 19) 299-4265 Lttorneys for Plaintiff CITY OF CARLSBm :.I r . - , L2-+ v-- IN THE SUPERIOR COURT OF THE STATE OF CALIFORNM 1 No. N 75250-1 1 1 1 1 1 1 1 1 1 1 XTY OF CARLSBAD, a aunicipal corporation, STIPULATION FOR JUDGMENT I/C Judge Michael hello Dept: 26 Plaintiff, v. JTCTORIA FERNANDEZ, Trustee, etc. Defendant s. IT IS HEIIEBY STIPULATED by Plaintiff CITY OF CARLSBD, through its attorneys 3f record, RONALD ?L BALL, City Attorney, a-qd ASls-RQ, EAAGY, FREELAND & MXINLEY Special Counsel, by mCI.wRD R. FREELAW, and by Defendant VICTORIA FER"DEZ a: Trustee under the Fernandez Family Trust dated April 21, 1952 (hereinafeer ''FER.lVANDEZ'; through her attorney, DETISCH & CHRISTENSEN, by D0NAL.D W. DETISCH, as follows: 1. That Judgment in the within action may be entered in the sum and containing the term and conditions of tfie attached proposed judgment marked Exhibit "A" and by this reference mad a part of this stipulation; and that litisation expenses, and precondemation damages or othe damages are waived. ;': r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7.L 2: 2c 7' -c e. isues, the making and filbg L of a Statement of Decision, Notice of Entry of Judgment, Notice of kecording Final Order of Condemnation, and the right to move for a new trial or appeal. ASARO, KEAGY, FREELAND & MCKTNLEY Special Counsel n Attorneys for Plaintiff DETISCH & CHRISTENSEN -- Attorneys for Defendants KELLY / Defendant WCTORIA FERbIANDEZ as Trustee under the Fernandez Famlly Trust dated 04/2 1/52 1 2 3 4 5 6 7 a ia 9 11 12 13 14 15 1C 1; It 15 2( 21 2: 2: 21 2: 21 2 2 >::.. i SUPERIOR COURT OF THE STATE OF CALIFORNlA FOR THE COUNTY OF SAN DIEGO ZITY OF CARLSBAD, 4 Municipal Corporation, P1aint.q V. VICTORIA FER”DEZ, Trustee, etc. Defendants. NO. N78250-1 STIPULATED JUDGMENT 26 Hon. Michael Anello It appearing to the Court that Plaintiff CITY OF CARLSBAD (hereinafter “CARLSBAD”), by and through its attorneys of record, RONALD R BACL, City Attorney, and ASARO, IEAGY, FREELAND & MCKINLEY, Special Counsel, by RICHARD R FREELAND, and Defendant VICTORIA FERNANDEZ as Trustee under the Fernandez Family Trust dated April 21, 1952, (hereinafter “FERNANDEZ”), through her attorneys, DETISCH & CHRISTENSEN, by DONALD W. DETISCH, have stipulated that Judgment as hereinafter set forth and as stipulated to by and between the parties on June 13,2001, before the Honorable Michael B. Orfield, Department 10 ofthe above-entitled Superior Court, may be entered; and it fbrther appearins to be a proper case therefor; If/ 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 i‘ IT IS ORDERED, ADJUDGED AND DECREED: 1. That Plaintiff seeks to take, acquire and condemn the rights, title and interest in real property as descnjed and depicted in Exhibit “1” to Plaintifps complaint, to which reference is hereby made and by this reference, said descriptions are made a part hereof as if klly 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 defendant FERfWNDEZ, of the sum of $100,000.00 plus interest pursuant to Code of Civ. Proc. 3 1268.350 on the principal sum of $100,000 &om July 9, 1998 to the date of payment and ordinary court costs (ordinary court costs shall include ordinary court costs in Carlsbad v. Aifchison, San Diego Superior Court Case No. N7825 1 - 1 and Carkbad v. Baker, San Diego Superior Court Case No. N78249-l), for the taking of the real property and interests in real property, shall constitute full and hal 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, litigation expenses, precondermation damages, other damages, and all defendants’ claims relating to this action; 4. Payment as hereinabove specified is based on the project as planned and constructed and 3s reflected in the “As bilt” plans on file in the office of the Department of Public Works of the City of Zarlsbad. 5. That said payment as hereinabove specified shall terminate, cancel, and extinguish all liens, easeholds, and encumbrances of whatsoever nature on said real property; 6. That defendants SAN DIEGO GAS & ELECTRIC COMPANY, AALERT REALTY, md TITLE INSURANCE AND TRUST COMPANY filed disclaimers and having filed disclaimers, said Mendants are not entitled to any compensation herein; 7. In addition to the real propem described in the Complaint herein, Defendant FERNANDEZ shall convey by Grant Deed to the CITY OF CARLSBAD fee title in and to that real xoperty depicted on Exhibit “A” attached hereto and incorporated herein by this reference; Vf 2 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 FURTHER ORDERED, ADJUDGED AND DECREED: 8. That said total sum of $100,000.00 plus interest as allowed by law and ordinary court costs (ordinary court costs shall include ordinary court costs in CarIsbad v. Aitchison, San Diego Superior Court Case No. N78251-1 and Carlsbad v. Baker, San Diego Superior Court Case No. N78249-1) be paid directly to Defendant FERNANDEZ, c/o her attorneys, DETISCH & CHRISTENSEN, and mailed to DETISCH & CHRISTENSEN, 444 West C Street #200, San Diego, CA 92101; and 9. That the County Treasurer is herein authorized to issue a warrant to Plaintif€ for the balance of the principal sum previously deposited with the Court, if any, plus all accrued interest to the date .of the withdrawals; 10. That Plaintifftake, acquire, condemn and own the interests in said real property referred to and described herein; 11. 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 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; 12. That trial, the right to triatphearing 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, Plaintif€ shall be entitled to a Final Order of Condemnation. Dated: Judge ofthe Superior Court LEGEND: v7A INDICA ES STRED DEDlcll n0N 0.0 I2 ACRE ( INQIC4TES RECORD DATA PER WP NO. 12096 INDICA ES PORnON OF BRIMNE DRIVE PER SUPERIOR COURT CllSE NO. N78250, RECORDED 06-05-199a, AS flLE NO. 1998-0339280 O.R. A n LEGAL DESCRIPTION BASIS OF BEARINGS: PORnON OF fBlCllOh'AL SEC. 22, T12S R4W, S.B.M. INDICA ES PORTION OF BRlG4NlWE DRIVE. PER SUPERlOR COURT CASE NO. N78249, RECORDED 06-05-rg98, AS LE NO. r 998-033930 r O. R. THE MIS OF BEARINGS IS A PORTION OF THE NORTHERLY UNE OF FX%CIlOML SECnON 22, T12S, R4W, S.B.M., PER M' NO. 13429, 1.E N 89'57'43-E 8 n HUNSAKER & ASSOCIATES s~n DIICO. INC cucn- 1 nt= 1 DEDICATION (A u sali =-a15 I On 00-97 I EXHIBIT "B" I I rn. I -- I 6 3/3/02 I. 5 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 . .. .( -\ I. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO ‘. CITY OF CARLSBAD, A Municipal Corporation, Plaintif€, V. VICTORIA FER”DEZ, Trustee, etc. Defendants. NO. N78250-1 STIPULATED JVDGMENT 26 Hon. Michael Anello It appearing to the Court that PlaintiffCITY OF CARLSBAD (hereinafter “CARLSBAD”), by and through its attorneys of record, RONALD R BALL, City Attorney, and ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel, by RICHARD R. FREELAND, and Defendant VICTORIA FERNANDEZ as Trustee under the Fernandez Family Trust dated April 21, 1982, (hereinafter “FERNANDEZ”), through her attorneys, DETISCH & CHRISTENSEN, by DONALD W. DETISCH, have stipulated that Judgment as hereinafter set forth and as stipulated to by and between the parties on June 13,200 1, before the Honorable Michael B. Orfield, Department 10 of the above-entitled Superior Court, may be entered; and it hrther appearing to be a proper case therefor; Ill Ill 1 1. 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 ORDERED, ADJUDGED AND DECREED: 1. That Plaintiff seeks to take, acquire and condemn the rights, title and interest in red property as described and depicted in Exhibit ‘I 1 ‘I to Plaintiffs Complaint, to which reference is hereby made and by this reference, said descriptions are made a part hereof as if filly 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 defendant FERWANDEZ, of the sum of$100,000.00 plus interest pursuant to Code of Civ. Proc. 9 1268.350 on the principal sum of %100,000 from July 9, 1998 to the date of payment and ordinary court costs (0rdmu-y court costs shall include ordinary court costs in Carlsbad v. Aitchison, San Diego Superior Court Case NO. N7825 1-1 and Carlsbad v. Baker, San Diego Superior Court Case No. N78249-1), 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, litigation expenses, precondemnation damages, other damages, and all defendants’ claims relating to this action; 4. Payment as hereinabove specified is based on the project as planned and constructed and as reflected in the “As bilt” plans on file in the office of the Department of Public Works of the City of Carlsbad. 5. That said payment as hereinabove specified shall terminate, cancel, and extinguish all liens, leaseholds, and encumbrances of whatsoever nature on said real property; 6. That defendants SAN DIEGO GAS & ELECTRIC COMPANY, AALERT REALTY, and TITLE INSURANCE AND TRUST COMPANY filed disclaimers and having filed disclaimers, said defendants are not entitled to any compensation herein; 7. In addition to the real property described in the Complaint herein, Defendant FERNANDEZ shall convey by Grant Deed to the CITY OF CARLSBAD fee title in and to that real property depicted on Exhibit “A” attached hereto and incorporated herein by this reference; fll 2 STIPULATED Km- *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 IT IS FURTHER ORDERED, ADJUDGED AND DECREED: 8. That said total sum of $100,000.00 plus interest as allowed by law and ordinary court costs (ordinary court costs shall include ordinary court costs in Cadsbad v. Aitchison, San Diego Superior Court Case No. N78251-1 and CarZsbad v. Baker, San Diego Superior Court Case No. N78249-1) be paid directly to Defendant FERNANDEZ, do her attorneys, DETISCH & CHRISTENSEN, and mailed to DETISCH & CHRISTENSEN, 444 West C Street #ZOO, San Diego, CA 92101; and 9. That the County Treasurer is herein 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 withdrawals; 10. That Plaintifftake, acquire, condemn and own the interests in said real property referred to and described herein; 1 1. That Possession having been taken by Plaintif€ on July 9, 1998, all taxes, penalties, costs, liens, leaseholds, and encumbrances of whatsoever nature which are a lien on said parcel and which are apportioned to that portion ofthe fiscal year after said date are hereby canceled pursuant to section 508 1 et seq. of the Revenue and Taxation Code; 12. 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, Plaintiffshall be entitled to a Final Order of Condemnation. Dated: 2001 GCfdAEL RS. Judge of the Supenor Court The foregoing inatrumsnt 13 a lull. true and correQt copy of the original an file In thlr office. Attest 8 -a( -d Clerk of the Superior Gourt of the Stat. of California. in and for ihe County of ST;^ Gio~o. *.* Deputy c. I .I PARCEL ?lm LEGEND: v7A INDIGIES S?REET DEDlC4TION 0.012 ACRE ( 1 INDICATES RECORD DATA PER MP NO. 12096 INDIGITES PORTION OF BRIGANTINE DRlVE PER SUPERIOR COURT CASE NO. N78250, RECORDED 06-05-1998, AS NLE NO. 7998-0339280 O.R. INOIOITES PORTION OF BRIGANTINE DRIVE PER SUPERIOff COURT CASE NO. N78249. A n RECORDED 06-05-1998, AS FILE NO. 1998-033930 1 O.R. INDICATES SLOPE GSEMENT PER SUPE?lOR COURT CASE NO. N78250, RECORDED 06-05- 1998, AS FILE NO. 1998-0339280 0. R. A HUNSAKER Cj, ASSOCIATES SAM oitca INC c1 2020’42’ 372.00 I 110.79 c2 0743’12* 312.00 142.04’ LEGAL DESCRIPTION PORnON OF fR4CnOML SEC. 22, T12S. R4W, BAS’S OF BEARINGS: JHE &ISIS OF BGMNGS IS A PORTION OF THE NORWERLY UNE of FR4CnONAL SECnON 22. TlZS, R4W, SB.M., PER hMP NO. 13429, I.€ N 89’57’432 VICINITY w Now [ 0 v) lY I S. 8. M. SHEET 1 OF 1 STREET DEDICATION PUT - CIly OF WLSBW PREPARED By: I PROJECT: I A.P.N.: November 5,2001 TO: City Clerk FROM: City Attorney CITY V. FERNANDEZ Attached is a copy of the Final Order of Condemnation in the above referenced action. Please make this a part of your permanent records. As soon as it is available, I will send you the recorded information. SECRETARY TO CITY ATTORNEY attach men t