HomeMy WebLinkAbout1991-02-19; City Council; Resolution 91-611
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RESOLUTION NO. 91-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A STIPULATED JUDGMENT IN THE CASE CITY OF CARLSBAD V.
SHERMAN AND APPROPRIATING $2,551,324 TO
COMPLETE THE ACQUISITION OF THE ALTA MIRA
COMMUNITY PARK.
WHEREAS, the City Attorney, special condemnation c
and the City Manager join in recommending that the City (
complete the acquisition of the Alta Mira Community P
approving a stipulated judgment to resolve the condemnation
of City of Carlsbad v. Sherman,
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations is true and correc
2. That the Stipulation for Judgment and Stir
Judgment in the case Citv of Carlsbad v. Joseph Sherman, Ci
200405 is attached as Exhibits A and B, respectively, and
part hereto are approved.
3. That the City Council authorizes the expendit
$2,551,324 to fund said judgment as follows:
The amount of $2,550,000 shall be loaned to the Pz
Lieu - Southwest Quadrant from the General Fund Unreserw
Balance - Designated for Approved Capital Projects, and this
shall be appropriated to account no. 330-840-1823-3295 to :
this acquisition.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting
day of z City Council of the City of Carlsbad on the 19th
1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard an
NOES: None
ABSENT : None
St ant on
ATTEST :
WTHA d. (&UWKRANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk (SEAL)
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VINCENT F. BIONDO, JR.
CITY AlTORNEY
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ROSCOE D. KEAGY, ESQ., SPECIAL COUNSEL
RICHARD R. FREELAND, ESQ.
ASARO & KEAGY
3170 Fourth Avenue 4th Floor
San Diego, CA 92103
(619) 297-3170
DANIEL S. HENTSCHKE
BROWN &. DIVEN
12770 Highbluff Drive, Suite 240
San Diego, CA 92130
Attorneys for Plaintiff CITY OF CARLSBAD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
CITY OF CARLSBAD, 1 NO. 200405
Municipal Corporation, 1 1
Plaintiff, 1
1
JOSEPH SHERMAN, and DOES 1 1 through 50, Inclusive, and All 1
Persons Unknown Claiming an 1 Interest in the Iroperty Described )
in the Complaint. 1 1
Defendants. 1 1
1 STIPULATION FOR
V. 1 JUDGMENT
IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, tl
its attorneys of record, VINCENT F. BIONDO, City Attorney and
& KEAGY, Special Counsel, by ROSCOE D. KEAGY, and Defendant I
SHERMAN, through his attorney, DRAPER & PHERSON, by DOUG Dl
as follows:
Resolution
T JUDGE: SHERMANSTP (0201 91/C145.02) 1
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1. That the Stipulated Judgment attached hereto as E
l1Al1 and incorporated herein by this reference, shall be e
forthwith.
2. That Defendant JOSEPH SHERMAN hereby waives tria
right to trial, hearing on the issues, the making and filinl
Statement of Decision, Notice of Entry of Judgment, Noti
Recording Final Order of Condemnation, and the right to move
new trial or appeal.
Dated:
VINCENT F. BIONDO, JR.
City Attorney
ASARO & KEAGY, Special
Counsel
By :
Attorneys for Plaintiff
CITY OF CARLSBAD
Roscoe D. Keagy
DRAPER & PHERSON
Dated: F@4&%?&99 g/!?f/
JOSEPH SHERMAN
JUDGE: SHERMANSTP (020191 Cl45.02) 2
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e a
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
NO. 200405 1 CITY OF CARLSBAD,, a
Municipal Corporation, 1 1 1 Plaintiff,
1
V. 1 1
JOSEPH SHERMAN, and DOES 1 1 through 50, Inclusive, and All 1
1
in the Complaint. 1
) Defendants. 1
1
STIPULATED JUDGMENT
Persons Unknown Claiming an
Interest in the Property Described )
It appearing to the Court that Plaintiff CITY OF CAR1
through its attorneys of record, VINCENT F. BIONDO, City Attc
and ASARO & KEAGY, Special Counsel, by ROSCOE D. KEAGY
Defendant JOSEPH SHERMAN, through his attorney, DRAPER & PHE
by DOUG DRAPER, have stipulated that the Stipulated Judgme
hereinafter set forth may be entered; it further appearing
taxes are due and owing to the COUNTY OF SAN DIEGO on the st
property to the date of possession; it further appearing
JUDGE: SHERMAN.JDG (0201 91 :cw/C145.02) i-XH,B,T '14 '' Resolution c
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Defendant ABA RECOVERY SERVICE, INC. has been defaulted; i
further appearing to be a proper case therefor;
IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condei
rights, title and interest in real property as described :
Resolution of Necessity shown as Exhibit "A" to Plain
Complaint, to which reference is hereby made and by this refe
said descriptions are made a part hereof as if fully set for
2. That the condemnation and taking thereof is for the
purposes set forth in the Complaint herein and necessary fo.
public use.
3. That tie payment to Defendant JOSEPH SHERMAN in tl
of $5,250,000.00, less the sum of $2,695,000.00 heretofore wit:
by Defendant, an2 less the sum of $3,676.00 for taxes due and
to the COUNTY OF SAN DIEGO to and including March 1, 1991,
net payment of $2,551,324.00 to Defendant JOSEPH SHERMAN,
constitute full and final payment for the condemnation and
of said real property and interests in real property
extinguishes all Defendant's claims which could have been mi
this action, including, but not limited to, interest, fees, I
litigation expenses, precondemnation damages, or other damagc
payment as specified herein is not made on or before March 1,
simple interest on the sums due will be due Defendant at tht
of 10% per annum thereafter;
4. That said payment as hereinabove specified
terminate, cancel, and extinguish all liens, leaseholds
encumbrances of whatsoever nature on said real property.
JUDGE: SHERMAN.JDG (020191 :crw/C145.02)
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IT IS FURTHER ORDERED, ADJUDGED AND DECMED:
5. That said total sum of $2,551,324.00 be distribute
to Defendant JOSEPH SHERMAN, in care of his attorney, DOUG D
Esq., DRAPER & PHERSON, 3435 Wilshire, #2925, Los Angelc
90010; if payment as specified herein is not made on or before
1, 1991, simple interest on the sums due will be due Defend
the rate of 10% per annum thereafter;
6. That the State Treasurer is herein authorized to
a warrant to Plaintiff CITY OF CARLSBAD for the principE
remaining on deposit, plus all accrued interest, if any.
7. That ABA RECOVERY SERVICE, INC., having been serve
the summons and complaint in eminent domain and having fai.
appear, has been defaulted;
8. That Plaintiff seeks to take, acquire, condemn ai
the interests in said real property referred to and des
herein;
9. That from either the date of possession of the
property and real property interests taken by Plaintiff , or th
of transfer of title of the real property and real pr
interests from Defendant JOSEPH SHERMAN to Plaintiff, whi
occurs first, all taxes, penalties, costs, liens, leasehold
encumbrances of whatsoever nature which are a lien on said .
and which are apportioned to that portion of the fiscal year
said recording date, are hereby canceled pursuant to section
et seq. of the Revenue and Taxation Code.
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JUDGE: SHERMAN.JDG (020191 :cnrv/C145.02)
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10. That trial, the right to trial, hearing on the i
the making and filing of a Statement of Decision, the right t
for a new trial or appeal, Findings of Fact, Conclusions 0:
Notice of Entry of Judgment and Notice of Recording Final Or!
Condemnation are waived, and that upon payment to DefendE
herein specified, that Plaintiff shall be entitled to a Final
of Condemnation.
11. Upon receipt of the funds, Defendant JOSEPH SHERMA
forthwith forward tc Plaintiff's counsel a Satisfaction of Zu
which Plaintiff will file with the court.
Dated:
Judge of the Superior Co
JUDGE: SHERMAN.JDG (020191 :crw/C145.02)
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