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HomeMy WebLinkAbout3190; |Gaspare|Oliveri|Pasquale|Santo|; 2004-1137562; CondemnationRECORDING REQUESTED BY: ASARO KEAGY FREELAND McKINLEY & BARTZ LLP By: RICHARD R. FREELAND, ESQ., SBN: 64092 3170 Fourth Avenue, 4™ Floor San Diego, CA 92103 Telephone: (619) 297-3170 Facsimile: (619)299-4268 AND WHEN RECORDED MAIL TO: ASARO KEAGY FREELAND McKINLEY & BARTZ LLP By: RICHARD R. FREELAND, ESQ., SBN: 64092 3170 Fourth Avenue, 4™ Floor San Diego, CA 92103 Telephone: (619) 297-3170 Facsimile: (619) 299-4268 EXEMPT FROM FILING FEES PER GOVT. CODE § 6103 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON DEC 02. 2004 DOCUMENT NUMBER 2004-1137562 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:48 PM This Space for Recorder's Use Only FINAL ORDER OF CONDEMNATION GAljnk\FORM\lTNORDEK\COVER WPI> 1 2 3 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 NORTH COUNTY BRANCH 11 CITY OF CARLSBAD, ) CASE NO. GIN 032094-1 a Municipal Corporation, ) Complaint Filed: August 19,2003 12 ) Plaintiff, ) FINAL ORDER OF 13 ) CONDEMNATION v- ) 14 ) Assessor's Parcel No. PASQUALE OLIVER; SANTO OLIVERI; ) 223-030-56 15 GASPARE OLIVERI; and all persons unknown ) claiming an interest in the property described in the ) Judge: Hon. Lisa Guy-Schall 16 Complaint; and DOES 1 through 100, inclusive, ) Dept.: 31 ) Trial: August 6, 2004 17 Defendants ) 18 19 It appearing to the Court that judgment in condemnation has been entered in the above-entitled 20 action on September 2, 2004, adjudicating that Plaintiff is entitled to take by condemnation the 21 property described hereinbelow and in accordance with said Judgment, Plaintiff has paid the sum 22 of money due; 23 NOW, THEREFORE, IT IS HEREBY ORDERED, AD JUDGED, AND DECREED that 24 the real property and real property interests situated in the County of San Diego, State of California, 25 and more particularly described in Exhibit A attached hereto and made a part hereof, be condemned 26 to Plaintiff for the purpose of the construction and operation of the Rancho Santa Fe Road Phase 2 27 Project. 28 FINAL ORDER OF CONDEMNATION G \kmk\CARLSBAD\Oliver\Pldg\Finil Ord wpd 8/13/03 3:25 PM 1 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this 2 Order be recorded in the Office of the County Recorder of the County of San Diego, State of 3 California, and thereupon, the interests in said property as described in Exhibit A shall vest in 4 Plaintiff. 5 Dated: tM > 9 HH LISA SUY-SCHALL Judge of the Superior Court 6 7 8 «•;:/ offer $&,V:a on &? in this iiScs. 10 i , C'srV d to: S'j5'i' tcr Court c-f tin Slate cf Cvi^r-;^, ^ ind for 6!^rafV!y c^sn uisav. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF CONDEMNATION G:\krnk\CARLSBAD\Oliver\Pldg\Final Ord.wpd 9/8/04 8:23 AM 2 EXHIBIT - A PR 02-13 EXHIBIT "A* OLIVER, OLIVERI AND OLIVERI PROPERTY ACQUISITION THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179. IN THE CfTY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 27,1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS. LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF RANCHO SANTA FE ROAD AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF QUESTHAVEN ROAD IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. AREA = 0.555 ACRES. THE ABOVE DESCRIPTION IS BASED ON THE LEGAL DESCRIPTION IN THE PRELIMINARY REPORT ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY DATED AUGUST 28,2000 AS ORDER NO. 1249539. SIGNATURE /wMj DATE: MICKEY B. AGLMRRE, RCE 27648 EXP. MAROH 3W. 2008 r - 100' PAR, A PM. 12104 LOT 1 MAP 7736 COUNTY HIGHWAY EASEMENT PER DEED RECORDED APRIL 7. 1966 AS FILE NO. 50540 OJR. \gl 20* ROAD AND UTILITY EASEMENT _ SAN MARCOS COUNTY WATER DISTRICT RECORDED JULY 16. 1956 IN BOOK 7167. PAGE 446 O.R. (D R/W AND PIPELINE EASEMENT TO SAN MARCOS \ COUNTY WATER DISTRICT RECORDED SEPTEMBER \ 23. 1980 AS FILE NO. BO-30B501 OR. x 3) WATER AND DRAINAGE EASEMENT TO SAN MARCOS COUNTY WATER DISTRICT RECORDED AUGUST 20, 1981 AS RLE NO. 01-266030 O.R. £) DRAINAGE EASEMENT TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED JULY 20, 1973 AS FILE NCX 73-202191 O.R. SEWER EASEMENT TO SAN MARCOS COUNTY WATER DISTRICT RECORDED AUGUST 27, 1973 AS FILE NO. 73-241670 O.R. ACUIRRE * ASSOCIATES 026S COMMERCIAL STREET. SUITE I LA MESA, CA S1942 PH: (t11)464~B97e "ML ENCINEinNC •SURVCTMC -LAND PLANNING LEGEND BOUNDARY APN 223-O3O-56 AREA - 37.220 SF CaO55 AC.) RANCHO SANTA FE ROAD PUT FOR PROPERTY ACQUISITION OUVW. OUVCT AW OUVEM DATE PROJECT NO. 3190 PR 02-13 EXHIBH B SHT. i or i RONALD R. BALL, State Bar No. 74105 EXEMPT FROM FILING FEES PER GOVT. CODE § 6103 City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 ROSCOE D. KEAGY, State Bar No. 32541 RICHARD R. FREELAND, State Bar No. 64092 ASARO KEAGY FREELAND McKINLEY & BARTZ LLP 3170 Fourth Avenue, 4th Floor San Diego, C A 92103 Telephone: (619) 297-3170 Facsimile: (619) 299-4268 8 Attorneys for Plaintiff CITY OF CARLSBAD 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SAN DIEGO 11 NORTH COUNTY BRANCH 12 CITY OF CARLSBAD, ) Case No. GIN 032094-1 13 Plaintiff, ) DECLARATION OF SERVICE 14 v. ) 15 PASQUALE OLIVER, et al., ) )16 Defendant. ) 18 I, the undersigned, declare that I am over the age of 18 and not a party to the within action. I am employed in the County of San Diego, State of California. My business address is: ASARO 19 KEAGY FREELAND McKINLEY & BARTZ LLP, 3170 Fourth Avenue, Fourth Floor, San Diego, California 92103. 20 On December 1, 2004,1 served the document(s) described as: 21 FINAL ORDER OF CONDEMNATION 22 _X__ (BY MAIL): I caused each such envelope(s), with postage thereon fully prepaid, to be 23 placed in the United States mail at San Diego, California. I am readily familiar with this firm's business practice for collection and processing of correspondence for mailing with the 24 U.S. Postage Service pursuant to which practice the correspondence will be deposited with the U.S. Postal Service this same day in the ordinary course of business (C.C.P. Section 25 1013(a); 2015.5): 26 27 28 1 Thomas M. Tomlinson. Esq. LEGLER & TOMLINSON 2 231 Fourth Avenue Chula Vista, CA 91910 3 Telephone: (619) 426-9070 Facsimile: (619) 426-6666 4 5 (BY FEDERAL EXPRESS): I caused the above-described document(s) to be delivered via overnight delivery (Federal Express), by placing a copy in a separate Federal Express mailer 6 and attached a completed Federal Express air bill, with Standard Overnight delivery/Priority Delivery requested, and caused said mailer to be deposited in the Federal Express collection 7 box at San Diego, California. 8 (BY PERSONAL SERVICE): I caused such envelope to be delivered by hand to the offices of the addressee: 9 (BY FACSIMILE): I caused such document(s) to be served on all parties to this action via 10 facsimile at facsimile number: (619) 426-6666. (C.C.P. Section 1012.5). 11 .. I declare under penalty of perjury under the laws of the State of California that the foregoing 12 is true and correct. Executed on December 1, 2004 at San Diego^California. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 RONALD R. BALL, State Bar No. 74105 City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, C A 92008-1989 ROSCOE D. KEAGY, State Bar No. 32541 RICHARD R. FREELAND, State Bar No. 64092 ASARO, KEAGY, FREELAND & McKINLEY 3170 Fourth Avenue, 4lh Floor San Diego, C A 92103 Telephone: (619) 297-3170 Facsimile: (619) 299-4268 Attorneys for Plaintiff CITY OF CARLSBAD EXEMPT FROM FILING PELS PER GOVT. CODE § 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY BRANCH CITY OF CARLSBAD, a Municipal Corporation, Plaintiff, v. PASQUALE OLIVER; SANTO OLIVERI; GASPARE OLIVERI; and all persons unknown claiming an interest in the property described in the Complaint; and DOES 1 through 100, inclusive, Defendants CASE NO. GIN 032094-1 Complaint Filed: August 19, 2003 STIPULATION FOR JUDGMENT Assessor's Parcel No. 223-030-56 Dept.: 31 Judge: Hon. Lisa Guy-Schall Trial: August 6,2004 IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, through its attorneys of record, ASARO KEAGY FREELAND McKINLEY & BARTZ LLP, Special Counsel, by Richard R. Freeland, Esq., and Defendants PASQUALE OLIVER (sic); SANTO OLIVERI; and GASPARE OLIVERI (collectively "OLIVERI"), through their attorneys of record, LEGLER & TOMLINSON, by Thomas M. Tomlinson, Esq., as follows: 1. That judgment in the within action may be entered in the sum and containing the terms and conditions of the attached proposed judgment marked Exhibit "A" and by this reference made a part of this stipulation; and G:\kmk\CARLSBAD\Oliver\Pldg\Stip4 Jdgmt wpd 8/10/04 9:12 AM 1 STIPULATION FOR JUDGMENT 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 2. That Plaintiff CITY OF CARLSBAD and Defendants OLIVERI hereby waive trial, the right to trial, hearing on the issues, the making and filing of a statement of decision, notice of entry of judgment, notice of recording final order of condemnation, and the right to move for a new trial or appeal based on the terms of the stipulated judgment. IT IS SO STIPULATED. Dated: &>/ 3 !/*>*• ASARO KEAGY FREELAND McKINLEY / / LLP x N( \ ^—^ j \S*~*\ X*""* S~\ I J Bv: {T^t/l.^-Z^^*-^ Roscoe D. Keagy, Esq. Richard R. Freeland, Esq. / / Special Counsel for Plaintiff / / CITY OF CARLSBAD Date: fr/'^/d^ LEGLER & TOMLMSON & BARTZ / </ Th6mas p.T'bmlinson, Esq. Xlforneys/for Defendants PASQUALE OLIVER; /SANTO-OLIVERI; and GASPARE OLIVERI /] .r^? J //? Dated: |0^ - J2 3 - 2&CV /C^7^' 6^C'l/^~-' PASQUALE'OLIVERI ' JVC / ^^s^?~s?^l++^/ ^^^ ' Dated: Off- 2. 3 - 2** V J^^-/-/S?-__ <r^-~2>T <^ SANTO QUVERI ^)/? /—/Tr / //' jS/jf/1 .</, ^ /s*-fls7jrji? Dated: 0 V~ ^ 3 ' Z*> ^ ^^^/f ^f^ GA^PARZOLIVERf' " y ^^-J ^ i G:\kmk\CARLSBAD\Oliver\Pldg\Stip 4 Jdgmt.wpd 8/10/04 9:12 AM 2 STIPULATION FOR JUDGMENT EXHIBIT - A 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 FROM FILING FEES PER GOVT. CODE § 6103RONALD R. BALL, State Bar No. 74105 City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 ROSCOE D. KEAGY, State Bar No. 32541 RICHARD R. FREELAND, State Bar No. 64092 LINDA D. BARTZ, State Bar No. 125804 ASARO KEAGY FREELAND McKINLEY & BARTZ LLP 3170 Fourth Avenue, 4th Floor San Diego, CA 92103 Telephone: (619) 297-3170 Facsimile: (619) 299-4268 Attorneys for Plaintiff CITY OF CARLSBAD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY BRANCH CITY OF CARLSBAD, a Municipal Corporation, Plaintiff, v- ) PASQUALE OLIVER; SANTO OLIVER!; ) GASPARE pLIVERI; and all persons unknown ) claiming an interest in the property described in the ) Complaint; and DOES 1 through 100, inclusive, ) CASE NO. GIN 032094-1 Complaint Filed: August 19, 2003 STIPULATED JUDGMENT Assessor's Parcel No. 223-030-56 Dept.: 31 Judge: Hon. Lisa Guy-Schall Trial: August 6,2004 Defendants ) It appearing to the Court that Plaintiff CITY OF CARLSBAD, through its attorneys of record, ASARO KEAGY FREELAND McKINLEY & BARTZ LLP, Special Counsel, by Richard R. Freeland, Esq., and Defendants PASQUALE OLIVER (sic); SANTO OLIVERI; and GASPARE OLIVERI (collectively "OLIVER!"), through their attorneys of record, LEGLER & TOMLINSON, by Thomas M. Tomlinson, Esq., have stipulated that the Judgment as hereinafter set forth may be entered; and it further appearing to be a proper case therefor; G:\kmk\CARLSBAD\Oliver\Pldg\Stipd-Jdgmt.wpd 8/13/04 8:31 AM STIPULATED JUDGMENT 1 IT IS ORDERED, ADJUDGED AND DECREED: 2 1. That Plaintiff take, acquire and condemn the rights, title and interest in the real 3 property described and depicted in the Final Order of Condemnation, the form of which is attached 4 hereto as Exhibit A; 5 2. That the condemnation and taking thereof are for the public purposes set forth in the 6 Complaint on file herein, and are necessary for such public use; 7 3. That the payment to Defendants OLIVERI, of the sum of $70,000.00, plus interest 8 provided by California Code of Civil Procedure § 1268.310 and ordinary costs, for the taking of the 9 real property as described in the Final Order of Condemnation shall constitute full and final payment 10 for the condemnation and taking of said real property and interests in real property, and extinguishes 11 all Defendants' claims which could have been made in this action, including but not limited to, just 12 compensation for property taken, attorneys' fees, litigation expenses, precondemnation damages, 13 claims for inverse condemnation, and all other damages and claims relating to this action; 14 4. That said payment as hereinabove specified shall terminate, cancel, and extinguish 15 all liens, leaseholds and encumbrances of whatsoever nature against the property taken. 16 IT IS FURTHER ORDERED, ADJUDGED AND DECREED: 17 That payment shall be made to Defendants OLIVERI, as follows: 18 1. Plaintiff CITY OF CARLSBAD shall pay to Defendants OLIVERI, within thirty (30) 19 days after the date of this Judgment, the principal sum of $70,000.00, plus interest in the amount of 20 $1,080.00 and ordinary costs in the amount of $2,810.84, for a total sum of $73,890.84. 21 2. That said total sum of $73,890.84. shall be distributed to Defendants as follows: 22 (A) That the sum of $ 11,100.00 has previously been deposited with the San Diego 23 Superior Court and the San Diego County Treasurer is hereby ordered to issue a warrant to 24 Defendants PASQUALE OLIVERI; SANTO OLIVERI; and GASPARE OLIVERI, in the sum of 25 $11,100.00, and mail same to LEGLER & TOMLINSON, Attn: Thomas M. Tomlinson, Esq., 231 26 Fourth Avenue, Chula Vista, CA 91910. 27 /// 28 /// G:\kmk\CARLSBAD\Oliver\Pldg\Slipd-Jdgmt.wpd 8/13/04 8:40 AM -^ STIPULATED JUDGMENT 1 (B) That Plaintiff pay directly to Defendants PASQUALE OLIVERI; SANTO 2 OLIVERI; and GASPARE OLIVERI, the sum of $62,790.84, and mail same to LEGLER & 3 TOMLINSON, Attn: Thomas M. Tomlinson, Esq., 231 Fourth Avenue, Chula Vista, CA 91910. 4 (C) That the San Diego County Treasurer is herein authorized to issue a warrant 5 to Plaintiff CITY OF CARLSBAD for the principal sum, if any, remaining on deposit, plus all 6 accrued interest, if any remaining on deposit, and direct said warrant to Plaintiff CITY OF 7 CARLSBAD, c/o ASARO KEAGY FREELAND McKINLEY & BARTZ LLP, Attn: Richard R. 8 Freeland, Esq., 3170 Fourth Avenue, 4th Floor, San Diego, CA 92103. 9 3. That upon payment of this Judgment as provided in Paragraph 1, Plaintiff shall be 10 entitled to a Final Order of Condemnation in the form attached hereto as Exhibit A, and upon 11 issuance of said Final Order, Plaintiff shall take, acquire, condemn, and own the interests in said real 12 property, referred to and described therein; 13 4. That possession having been taken by Plaintiff on September 27, 2003, as to the 14 property described in the Final Order of Condemnation, all taxes, penalties, costs, liens, leaseholds, 15 and encumbrances of whatsoever nature which are a lien on said property, and which are apportioned 16 to that portion of the fiscal year after said date are hereby canceled pursuant to Section 5081, et seq. 17 of the Revenue and Taxation Code; and 18 5. That trial, the right to trial, hearing on the issues, the making and filing of a statement 19 of decision, the right to move for a new trial or appeal, notice of entry of judgment, notice of 20 recording a final order of condemnation are waived, and that upon payment to Defendants OLIVER!, 21 as herein specified, Plaintiff shall be entitled to this Court's making of the Final Order of 22 Condemnation. USA GUY'SCHALi 23 Dated: SEP 0 2 Judge of the Superior Court 24 25 26 27 28 G:\kmk\CARLSBAD\Oliver\Pldg\Stipd-Jdgmt.wpd 9/1/04 8:44 AM -> STIPULATED JUDGMENT EXHIBIT - A