HomeMy WebLinkAbout1992-01-28; City Council; Resolution 92-421
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RESOLUTION NO. 92-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE APPROVAL OF THE SETTLEMENT OF THE LAWSUIT ENTITLED CITY OF CARLSBAD V. MURPHY, CASE NO. N48064
WHEREAS, on recommendation of the City Attorney and
special condemnation counsel the City Council of the City of
Carlsbad, California has determined that a settlement in 'the
entitled City of Carlsbad v. MurDhy is in the public interest
and
WHEREAS, the City Council approves the settlement
reached in court to acquire this parcel for $335,000 and appr
the stipulated judgment to resolve this condemnation action.
developer will pay for the acquisition pursuant to a previous
agreement in connection with the approval of the Aviara projec
NOW, THEREFORE, BE IT RESOLVED by the City Council (
the City of Carlsbad, California, as follows:
1. That the above recitations is true and correct.
2. That the City Council approves the stipulated
judgment and authorizes its attorney to so stipulate in the
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lawsuit entitled City of Carlsbad v. Howard F. Murphy, et a1
Diego Superior Court Case No. N48064 in the form attached he1
PASSED, APPROVED AND ADOPTED at a Regular Meeting (
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the City Council of the City of Carlsbad on the 28th
of January , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and E
NOES: None
ABSENT : None
ATTEST :
ALETHA L. RAUTEN-Z, City Clerk
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2 City Attorney RON BALL, Acting
Carlsbad, CA 92008 3
1200 Elm Avenue
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ASARO & KEAGY, Special Counsel
By: ROSCOE D. KEAGY 6y: RICHARD R. FREELAND Fourth Floor, 3170 Fourth Avenue San Dlego, CA 92103 I I ($10) 297-3170 '
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Attorneys for Plaintlff C1N OF CARLSBAD
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FOR THE COUNTY OF SAN DIEGO 11
SUPERIOR COURT OF THE STATE Of CALlFORNlA
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MUniCig8l Corporation, 13
CITY OF CARLSBAD, a
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Plaintiff,
v.
HOWARD F. MURPHY, et al.
1 NO. N 48064 1 1 1 1 1 GTfPULATION 1 JUDGMENT 1 1
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1 Defendants. )
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IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAS
its attorneys of record, RON BALL, Acting City Attorney
& KEAGY, Special Counsel, by RICHARD R, FREELAND, and L
22 I MICHAEL K, MURPHY and HOWARD F, MURPHY, through their
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GOEBEL & SMENSA, by LOUIS E. GOEBEL, as fo1Lowa:
1. That the Judgment attached hereto a8 Exhibil
incorporated herein by this reference, shall be enterad 1
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z8 JUDGE: MURPHY.STP 01 1582 1
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1 2, That Defendants MICHAEL K. MURPHY and HOWARD F, MU
2 hereby waive trial, the right to trial, hearing on the ISBUBS,
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right to move fof a new trial. or appeal. !3
Judgment, Notice of Recording Final Order of Condemnation, ant 4
making and filing of a Statement of Decision, Notice of Entr
6 I Datsd: 7 RON BALL, Acting
City Attorney
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ASARO & KEAGY, Special Counsel
By :
Attorneys for PLaintiff Richard R. Freeland
Dated: I/>%\ 9y
GOEBEL & SHENSA
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, JUNE: MURPW.STP 0115%
By ; ; Louis E. Goebel
Attorneys for Defendants
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
" I FOR THE COUNTY OF SAN DIEGO
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Clpl OF CARLSSAD, a Munidpd Corporation, 1 NO. N 48664 1
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Plaintlf?, )
V.
HOWARD F, MURPHY, et al.
Defendants
j 1 STIPULATED
) JUOOMENT 1 1 1 1 i
It appeating to the Court that Plaintiff CITY OF CAR
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ASARO & KEAGY, Special Counsel., by RICHARD R. FREELANI 22
thtough its attorneys o€ Eacord, RON BALL, Aoting City Attorns
forth may be entered; it further: appearing that Defendanta 28
by LOUIS E, GOEBEL, have stipulated the.Judgment as herainaft 27
owners as to 60% interest, through 'chair attorney, GOEBEL & E 28
Ttust for the Benefft of Howard F. Murphy dated October 6, 25
F. MURPHY and MICHAEL R. MURPHY, Co-Trustees of the Howard F, 24
Defendants MICHAEL K. MURPHY, owner a8 to 40% interest, and a
JUDQI%AUMHY,JOO 01 1692 r; , .;, !'., i ?dl f?-':-T 1 'A "
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LA COSTA, a Limited Partnership, SAN DIEGO GAS 8s ELECTRIC (201
and PACIFIC TELEPHONE AND TELEGRAPH COMPANY have been diSlfti881
furth@t appearing that Defendant ROE MURPHY, the rpeuse of M.
g, mxphy, waa defaulted for failure to aggear at the req’
noticed disgoaition conference, and it further appearing tc
proper case therefor;
IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff eeeks to take, acquit* and conW
rights, title and interest in real property as describad
Resolution of Necessity shown as Exhibit “AJt to Plain
Complaint, to which xeference is hereby made and by this refe
said descriptions am made a part hereof as ff fully get for
2. That the condemnation and taking thereof 18 for the
purgoees eat forth in the Complaint herein and neceaeary fo
public use.
3 I That the payment: to Defendants MICHAEL K, MURPHY,
Is) to 40% inte-st, and HOWARD F. MURPHY and MICHAEL X, MURPF
Trustees of the Howard F. Murphy Trust for the Benefit of Hoa
Murphy dated Oatober 6, 1989, omers as to 60% intereat in t
of $33S,OQ0,00, together with interest at the apportionment x
provided in CaliEarnfa Code of Civil. Procedure Section 1268,:
the Sum Of $395,000.00, fzom July 23, 1990, the date on
Plaintiff took posseasion of the property, to entry OF jud
which total amount is $43,595.25, plus $79.08 per day after Fa
1, 1992 until paid, for a total 8um of $378,595.25; for the
Of tho ceal property and interests in med property,
constitute full and final payment: fog the condemnation and
ai said real property and interests in real propert!
I JUDOE:MURPHY.JW dl 1 BOe 2
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1 1 exkinguishes all Defendants' claims which could have been mad
2 I this aotion, including, but hot Limited to, intereft, feo8, QC
3 I litigation expen888, pcocondemnation damagee, 61: other daaager 4l 4. That DeEendaPts RANCHO LA COSTA, a Limited Bartner
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Murphy, wag defaulted for failurs to appear at: the regularly nc 8
the action and that Defendant ROE MURPHY, the rgoure of Micha 7
TELEGRAPH COMPANY have been dismissed and Bra no Iongar parti 8
8AN DIEGO GAS & ELECTRIC COMPANY, and PACIFIC TEtEPHONE
9. diapoeition ooaferenca.
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11 '* enaumbrancea of whatsowel: nature on said rsal gropwty,
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5. That said payment, a8 heteinabove speaifisd
termjAat8, Cancel, and extinguiah all lien8, leaseholds
IT IS FURTHER ORDEHD, ADJUDGED AND DECREED:
6* That said total sum of $335 .000~00, together with in.
at the agportionfnent r&te as provided in California Cod8 of
Procedure Section L268.350 , on the sum of $335,000,00, from Ju
l7 I 1990, thO date on which Plaintiff took possession of the pro
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to entry of judgment, which total amount is $43,595.25, plu8
per day after FebruaEy 1, i992 until paid, fez a total
$378,S95.25; bo dtatributed to Defendants MICHAEL K. MURPHY,
as to 40% intefost, and HOWARD F. MURPHY and MICHAEL K. MUAPf
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Trustees of the Howard F. Murphy Trust foz the Benefit of HQI
Murphy dated OctobeE 6, 1989, owners a$ to 60% interest tn (
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their attorneys, LOUIS E. GOEBEL of GOEBEI; & SHENGA, as f01~
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I JUWE:MURPHY.JDG Ot 18oz 3
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I) . That .the Court orders the County Treasurer to issue
a warrant made payable to Defendants MICHAEL El. MURPHY,
and HOWARD F. MURPHY, in the aum of $254,776.00;
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2). That Plaintiff pay UrectSy to Defendant8 MICHAEL
' E. MURPHY, ,and HOWARD F, MURPHY, the 8ua Of $123,819.29,
plus intorerrt at the rate of $79.08 f!tom Februaxy 1,
1992 until, paid; 0
7. That the County Tteasurer is herein authatized to ia$ue ..
a warrant to Plaintiff CITY OF CARLSBAD for the balaace of 1=hb
principal, aum previously deposited with the Court, if any, plua a11
accrued interest to the data OC the withdrawala;
8. That Plaintiff geeks to take, acquire, condemn and own the
intereats in aaid real gxoperty 'referred to and descgibed herein;
9, That Possession having been taken by Plaintiff on July 23,
1990, all taxes, penalties, COB^^, liens, lesseholda, ant
.enoumbrances of whatsoever nature which are a lien on said. parcel
and which are apportioned to that portion of the fiacal year after
mid date are hereby canceled pursuant to aectfons 3081 et seq, oi
the Revenue and Taxation Code.
10. That trial, the right to trial, heazing on the iaeuea,
the making and filing of a Statement of Decision, the right to mdv~
for a new trial.or appeal, Findings of Fact, Conclusions ef Law,
Notice of Entry of Judgment and Notice of Recording Final Ordei of
Condemnation B'CB waived, and that upon paymant of $33S,000.00,
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I JUOOE:MUAPHY.JW3 01 1-
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togetheg with intezest at the appoztionment rate as providl
CsZifornia Code of Civif. Procedure Section 1268.350, on the s
8335,000.00, from July 23, 1990, the date on which Plafntiff
gUHae8f8ion of the groperty, to entzy of judgment, which tbtaf a
in $43,995.25, plus $79.08 per day after February I, 1992
paid, for a total BUM of $378,595.25, as herein speoified,
Plainti€€ shall be entitled to a Final Order of Condemnation.
Dated:
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Judge of the Sussriot Gout
JUW3E:MURPHY.JOQ 01 1- 5