HomeMy WebLinkAbout1990-08-07; City Council; Resolution 90-2721
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RESOLUTION NO. 90-272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A SETTLEMENT
IN THE CASE OF CITY OF CARLSBAD V.
MORGAN/PALOMAR.
WHEREAS, on recommendation of the City Attorney
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special counsel the City Council has determined that it is il
public interest to agree to a negotiated resolution of the C:
eminent domain action against Morgan/Palomar, Superior Court
N41292 by approving a stipulation for judgment and stipu:
judgment .
NOW, THEREFORE, BE IT RESOLVED by the City Council o
City of Carlsbad, California, as follows:
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1. That the above recitations are true and correc
2. That the stipulation for judgment attached as Ex
A in the above referenced matter is hereby approved and the
Engineer is authorized to spend the funds necessary fron
property acquisition account of the Palomar Airport Road asses
district in the amount necessary to make the agreed payment
utilizing the funds already on deposition with the court.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting c
City Council of the City of Carlsbad on the 7th day of &
1990, by the following vote, to wit:
22 I! AYES: Council Members Lewis and Kulchin
23 !I NOES: None
ABSENT: Council M
24 ABSTAIN: Council M
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ATTEST:
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VINCENT F. BIONDO, JR.
City Attorney
1200 Elm Avenue
Carlsbad, CA 92008
(61 9) 438-5531
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ASARO & KEAGY, Special Counsel
By: ROSCOE D. KEAGY
By: RICHARD R. FREELAND
Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(61 9) 297-31 70
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Attorneys for Plaintiff CITY OF CARLSBAD
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CITY OF CARLSBAD, a 12
FOR THE COUNTY Of SAN DlEGO 11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
1 1 13 1 Plaintiff, 1 14 STIPULATION FOR
1 JUDGMENT
15 1 1 l6 et al., 1 1 1 1
NO. N 41292
Municipal Corporation,
V. 1
MORGAN/PALOMAR INDUSTRIAL I,
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Defendants.
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ASARO & KEAGY, Special Counsel, by RICHARD R. FREELANI 21
IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, t
20 its attorneys of record, VINCENT F. BIONDO, JR., City Attorr
22 Defendant MORGAN/PALOMAR INDUSTRIAL I, a California 1
23 partnership, through its attorneys , MUSICK, PEELER & GARRE
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DAVID R. CLARK, as follows:
1. That the Judgment attached hereto as Exhibit 'I
26 incorporated herein by this reference, shall be entered fori
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2. That Defendant MORGAN/PALOMAR INDUSTRIAL I hereby wl
trial, the right to trial, hearing on the issues , the makinc
filing of a Statement of Decision, Notice of Entry of Judg
Notice of Recording Final Order of Condemnation, and the rig'
move for a new trial or appeal.
Dated: 7-1- ?a /990 VINCENT F. BIONDO, JR.
City Attorney
ASARO & KEAGY, Special
Counsel
BY @QRCQC * Richard R. -Freelam /
Attorneys for Plaintiff
Dated : uM q/940 MUSICK, FEELER & GARRETT
By : Lafla David R. Clark
Attorneys for Defendant
MORGAN/PALOMAR INDUSTRIA1
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SUPERIOR COURT OF THE STATE OF CALIFORNIA 91 FOR THE COUNTY OF SAN DlEGO
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CITY OF CARLSBAD, a Municipal Corporation,
Plaintiff,
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NO. N 41292
STIPULATED JUDGMENT
V. 1
1 MORGAN/PALOMAR INDUSTRIAL I, 1
et al. , 1 1 Defendants. 1 1
It appearing to the Court that Plaintiff CITY OF CAR
through its attorneys of record, VINCENT F. BIONDO, JR.
Attorney, and ASARO & REAGY, Special Counsel, by RICH2
FREELAND, and Defendant MORGAN/PALOMAR INDUSTRIAL I, throu
attorneys, MUSICR, PEELER & GARRETT, by DAVID R. CLARK
stipulated that Judgment as hereinafter set forth may be er
it further appearing that Defendants FIRST NATIONAL BANK, a n;
bank association, TICOR TITLE INSURANCE COMPANY, 1
25 INCORPORATED, and RAIN FOR RENT, INC. have filed disclaim€
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20 EX!W~B\T JUDGE: MORGANJOG (072590) 1
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1 I further appearing that Defendant RIO VISTA LIMITED DBA GIUMAR
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case therefor; 3
CARLSBAD has been defaulted; and it further appearing to be a p
4 IT IS ORDERED, ADJUDGED AND DECREED:
5 1. That Plaintiff seeks to take, acquire and condem
6 rights, title and interest in real property as described i
7 I Resolution of Necessity shown as Exhibit "A" to Plaint
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purposes set forth in the Complaint herein and necessary fo: l1
2. That the condemnation and taking thereof is for the 1 10
said descriptions are made a part hereof as if fully set fort 9
Complaint, to which reference is hereby made and by this refel
l2 I public use.
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3. That the payment to Defendant MORGAN/PALOMAR INDU;
I, in the sum of $85,000.00, plus interest in the amou
$15,237.91, for a total sum of $100,237.91, for the taking f
real property and interests in real property, shall constitut
and final payment for the condemnation and taking of saic
property and interests in real property, and extinguishc
Defendant's claims which could have been made in this a
2o I including, but not limited to, interest, fees, costs, liti
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expenses, precondemnation damages, or other damages;
4. That Defendants FIRST NATIONAL BANK, a nationa
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association, TICOR TITLE INSURANCE COMPANY, TRICAL, INCORPC
and RAIN FOR RENT, INC. have filed disclaimers disclaimi
right, title, or interest in or to any or all of the real pl
and interests in real property the subject of this action;
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JUDGE: MORGAN.JDG (072590)
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5. That Defendant RIO VISTA LIMITED DBA GIUMARRA OF CAE
having been served with the summons and complaint in eminent d
and having failed to appear, have been defaulted;
6. That said payment as hereinabove specified
terminate, cancel, and extinguish all liens, leaseholds,
encumbrances of whatsoever nature on said real property.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
7. That said total sum of $100,237.91 as herei~
specified be distributed to Defendant MORGAN/PALOMAR INDUSTR:
in care of its attorneys, DAVID R. CLARK of MUSICX, PEE
GARRETT.
8. That the County Treasurer is hereby authorized to
a warrant to Plaintiff CITY OF CARLSBAD for the balance (
principal sum of $62,876.00, previously deposited with the
plus all accrued interest to the date of the withdrawals;
9. That Plaintiff seeks to take, acquire, condemn and c
interests in said real property referred to and described he
10. That Possession having been taken by Plaint:
August 27, 1988, all taxes, penalties, costs, liens, lease
and encumbrances of whatsoever nature which are a lien 0:
parcel and which are apportioned to that portion of the fisca
after said date are hereby canceled pursuant to sections 5
seq. of the Revenue and Taxation Code.
11. That trial, the right to trial, hearing' on the j
the making and filing of a Statement of Decision, the right 1
for a new trial or appeal, Findings of Fact, Conclusions c
Notice of Entry of Judgment and Notice of Recording Final 0:
I JUDGE: MOAGAN.JDG (072590)
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Condemnation are waived, and that upon payment of the SUI
Defendant as herein specified, that Plaintiff shall be entitl
a Final Order of Condemnation.
Dated:
Judge of the Superior Court
JUDGE:
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MORGANJDG (072590)
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