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HomeMy WebLinkAbout1996-03-12; City Council; Resolution 96-811 2 3 4 5 6 7 8 9 10 11 12 Om Su$ Yr rrrrcb 13 3 5U-U o Q Q P:2 QOJ an8 Ow8 14 >d2 dt5K ?on8 15 ZWOO “c%n OZJ - 16 >2% 17 18 19 20 21 22 23 24 25 26 27 28 UCSZ 60 0 0 RESOLUTION NO. 96-81 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. BONS, CASE NO. N68254-1 WHEREAS, on recommendation of the City Attorney ai special condemnation counsel, the City Council of the City ( Carlsbad, California has determined that a settlement in thc entitled Citv of Carlsbad v. Bons is in the public interest, WHEREAS, the City Council approves the settlement reached in court to acquire this parcel for $30,000 and appi the stipulated judgment to resolve this condemnation action developer will pay for the acquisition pursuant to a previoi agreement in connection with the approval of the Villa Loma affordable housing project. 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 lawsuit entitled City of Carlsbad v. Bons, et al, San Diego Superior Court Case No. N68254-1 in the form attached heretc 3. That the City Council authorize the City Cler) record the judgment. 4. That the City Council direct the responsible departments to maintain the acquired easement. ... 1.. ... 1 2 3 4 5 6 7 8 9 10 11 12 2m mu? qng Ow8 iU, $055 14 cA= d->K gong 15 rrrrzd 16 m> kZ& 13 sizs 021 002 LOW <OA 0 gq l7 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting the City Council of the City of Carlsbad on the 12th d; of MARCH , 1996, by the following vote, to wit: AYES : Council Members Lewis, Finnila, Hall NOES : None ABSENT: Council M ATTEST: ALETHA L. wvlerk 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 0 0 ‘3 A;-J 2 ’VI: - Jer” FEB 2 0 1996 Sy: S ZEF’,\AFC‘ -j- i SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, ) NO. 68254-1 A Municipal Corporation, 1 1 ) STIPULATED JUDGMEIS Plaintiff, ) 1 V. 1 1 ANTHONY BONS; DICKY BOW; 1 ANTHONY BONS AND DICKY 1 KOOREVAAR BONS, CO-TRUSTEES 1 UNDER THAT CERTAIN REVOCABLE 1 DECLARATION OF TRUST, DATED 1 MAY 25, 1982 AND DESIGNATED 1 THE ANTHONY BONS AND DICKY ) KOOREVAAR BONS REVOCABLE ) LIVING TRUST; SOUTHERN CITIES 1 ESCROW COMPANY, A Corporation; 1 HENRY SILVER; EDITH SILVER; 1 DOROTKY STEVENS, &a 1 SUNFRESH ROSES FLORIST; 1 PONTO FLORAL, INC. ; 1 and, DOES 1 Through 50, 1 Inclusive, 1 1 Defendants. ) 1 ///// ///// 1 2 3 4 5 6 7 a 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 It appearing to the Court that Plaintiff CITY OF CJ through its attorneys of record, RONALD R. BALL, City AttorI ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel, by RI( FREELAND, and Defendants ANTHONY BONS, DICKY SONS, ANTHONY I DICKY KOOREVAAR BONS, CO-TRUSTEES 'JNDER THAT CERTAIN REVOCI DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, throuc attorney, MICHAEL B. MCDONNEU, have stipulated that Judc hereinafter set forth may be entered; that Defendants HENRY EDITH SILVER, DOROTHY STEWS &a SUNFRESH ROSESpORIST, ai FLORAL, INC. were defaulted; that Defendant SPRING MOUNTAI? CORPORATION, successor in interest to SOUTHERN CITIES COMPANY, A Corporation filed a disclaimer of interest; further appearing to be a proper case therefor; IT IS ORDERED, ADJUDGE33 ANI) DECREED: I. That Plaintiff seeks to take, acquire and cond rights, title and interest in real property as described in "A1* to Plaintiff's Complaint, to which reference is hereby r by this reference, said descriptions are made a part herec fully set forth; 2. That the condemnation and taking thereof is for tht purposes set forth in the Complaint herein and necessary f public use; 3. That the payment to Defendants ANTHONY BONS, DICE ANTHONY BONS AND DICKY KOOREVAAR BONS, CO-TRUSTEES UND CERTAIN REVOCABLE DECLARATION OF TRUST, DATED MAY 25, 1982 Jdg:CASSIA.ord C145.16(02/20/96 L:4Sprn) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 0 0 DESIGNATED THE ANTHONY BONS AND DICKY KOOREVAAR BONS RE LIVING TRUST, in the sum of $30,000.00, for the taking of tt- property and interests in real property, shall constitute f final payment for the condemnation and taking of said real E and interests in real property, and extinguishes all Defe claims which could have been made in this action, including, limited to interest, fees, costs, litigation e, precondemnation damages, or other 'damages; L 4. That said payment as hereinabove specifiec terminate, cancel, and extinguish all liens, leaseholc encumkrances of whatsoever nature on said real property; 5. That Defendants XENRY SILVER, EDITH SILVER, STEVENS dba SUNFRESH ROSES FLORIST, and PONTO FLORAL, 15 served with a Summons and Complaint In Eminent Domain, anc failed to respond were defaulted and having been default€ defendants are not entitled to any compensation herein; 6. That Defendant SPRING MOUNTAIN ESCROW CORP( successor in interest to SOUTHERN CITIES ESCROW COMl Corporation, filed a disclaimer of interest and is not ent any compensation herein; IT IS E'URTEER ORDERED, ADJUDGED AND DECREED: 7. That said total sum of $30,000.00 be distrik Defendants ANTHONY BONS, DICKY BONS, ANTHONY BONS AN KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABLE DEC OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE ANTHONY I DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, in care c attorneys, MICHAEL B. MCDO"EU, as follows: Jdg:CASSIA.ord C145.16(02/20/96 1:4Spm) 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (a) . That the sum of $20,400 - 00 has previously bee deposited with the Court, and the County Treasurer i herein authorized to issue a warrant to Defendant ANTHONY BONS, DICKY BONS, ANmONY BONS AND DICE KOO€?EVA?& BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABI DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATE THE ANTHONY BONS AM) DICKY KOOREVAAR BONS REVOCABI LIVING TRUST, in the sum of $20,400.00; (b). That Plaintiff pay directly to Defendant ANTHONY BONS, DICKY BONS, ANTHONY BONS AND DICI KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABI DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATI THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCABI LIVING TRUST, the sum of $9,600.00; 8. That Plaintiff seeks to take, acquire, condemn the interests in said real property referred to and dc herein; 9. That trial, the right to trial, hearing on the iss making and filing of a Statement of Decision, the right to m a new trial or appeal, Notice of Entry of Judgment and Nc Recording Final Order of Condemnation are waived, and that payment to Defendants as herein specified, that Plaintiff entitled to a Final Order of Condemnation. Dated: FEB 2 0 9% Tlla!HMRMURPHY Judge of the Superior Court Jdg:CASSIA.ord C145.16(02/20/96 1:45pm) 4 *v .. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RONALD R. BALL, City Attorney CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad; CA 92008-1989 FEB 2 0 1996 ASARO, KEAGY, FREELAND & MCKINLEY 'L"z ::,\:;--'E; qe\,,Ty ;<F!...z'.. ? '$,IkS ,"E 1' F c,2,: \I -.. -a . -' ' By: By: Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 Attorneys for Plaintiff CITY OF CARLSBAD ROSCOE D. KEAGY, State Bar No. 325418Y.s -'- RICHARD R. FREE=, State Bar No. 64092 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TH6 COfTNTy OF SAN DIEGO NO. 68254-1 1 CITY OF CARLSBAD, 1 A Municipal Corporation, 1 1 1 Plaintiff, 1 1 1 ANTHONY BONS; DICKY BONS; 1 ANTI-IONy BONS AND DICKY 1 KOOREVAAR BONS, CO-TRUSTEES 1 UNDER THAT CERTAIN REVOCABLE 1 DECLARATION OF TRUST, DATED 1 MAY 25, 1982 AND DESIGNATED 1 THE ANTHONY BONS AND DICKY 1 KOOREVAAR BONS REXOCABLE 1 LIVING TRUST; SOUTHERN CITIES 1 ESCROW COMPANY, A Corporation; 1 HENRY SILVER; EDITH SILVER; 1 DOROTHY STEVENS, &a 1 SUNFRESH ROSES FLORIST; 1 pONT0 FT,LIF?AL, INC. ; 1 and, DOES I Through 50, 1 Inclusive, 1 1 1 STIPULATION FOR JU V. 1 Defendants. ///// ///// 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 e 0 IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD, t: its attorneys of record, RONALD R. BALL, City Attorney, and KEAGY, FREELAND & MCKINLEY, Special Counsel, by RICm FREEL,,A"D, and by Defendants ANTHONY BONS, DICKY BONS, NHON AND DICKY K0OEVAA.R BONS, CO-TRUSTEES UNDER WT CERTAIN RE\ DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE 1 BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, througl attorney, MICHAEL B. MCDONNELL as follows: That the Stipulated Judgment attached hereto as "A" and incorporated herein by this reference, shall be forthwith. 1. 2. That Defendants ANTHONY BONS, DIC'KY BONS, ANTHO AND DICKY KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN RE DECLARATION OF TRUST, DATED MAY 25, 1982 ANI) DESIGNATED THE BONS AND DICKY KOOEtEVAAR BONS REVOCABLE LIVING TRUST, here1 trial, the right to trial, hearing on the issues, the mak filing of a Statement of Decision, Notice of Entry of J1 Notice of Recording Final Order of Condemnation, and the move for a new trial or appeal. Dated: p-a. 20- 1996 ASARO, KEAGY, FEU3ELAND 6c MC @QQm.KL( BY Richard R. Freeland Attorneys for Plaintiff @? 19% Dated: JDG:CASSIA-STP c14s.16(01/24/96 8:41am) 2 1. 1 2 3 4 5 6 7 0 9 10 11 j2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e SUPERIOR COURT OF THE STAm OF CALIFORNIA FOR TSX CO- OF sm DxEW WO. 68254-1 1 1 A Municipal corporation, ) ) 1 STIPULATED JUDGmP. Plaintiff, ) 1 v. ) 1 ) 1 1 DECLARATION OF TRUST, DATED 1 my 25, 1982 AND DESIGNATED 1 THE. .~NTHONY a0NS AND DICa ) ~00~~ EONS REVOCABLE 1 LIVING TRUST; SO- CITIES 1 ESCROW COMPANY, A Corporation; 1 my SILVEX; EDITH SILVER; 1 DOROW STEVENS, &a 1 sTJ"FRESH ROSES FLORIST; 1 po~T0 !TiLORAL, INC. ; 1 and, DOES 1 Tfurough 50, 1 Inclusive, 1 1 1 crn OF CARLSBAD, -0Ny BONS; DICKY BONS; ~~ONy BONS AND DICKY EtOOREvAAR BONS, CO-TRUSTEES mER WT CERTAIN ~O~L~ 1 Defendants. ///// ///// EXHIBIT I&t 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e It appearing to the Court that PLaintiff CITY OF CAR through its attorneys of record, RONALD R. BALL, City Attorne ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel, by RICH FREELAND, and Defendants ANTHONY BONS, DICKY BONS, ANTHONY BC DrCKY KOOREVAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCAE DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATED THE j BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, throug attorney, MICHAEL B. MCDONNELL, have stipulated that Judgn hereinafter set forth may be entered; that Defendants HENRY ( EDITH SILVER, DOROT= STEVENS &a SmmSH ROSES FLORIST, an FLORAL, INC. were defaulted; that Defendant SPRING MOUNTAIN CORPORATION, successor in interest to SOUTHERN CITIES COMPANY, A Corporation filed a disclaimer of interest; further appearing to be a proper case therefor; ST IS ORDERED, ADJUDGED AND DECREED: 1. That Plaintiff seeks to take, acquire and conc rights, title and interest in real property as described in "Af1 to Plaintiff's Complaint, to which reference is hereby by this reference, said descriptions are made a part here fully set forth; 2. That the condemnation and taking thereof is for tk purposes set forth in the Complaint herein and necessary public use; 3. That the payment to Defendants ANTHONY BONS, DI( ANTHONY EONS AND DICKY KOOWAAR BONS, CO-TRUSTEES UN CERTAIN REVOCABLE DECLARATION OF TRUST, DATED lyAY 25, 198 Jdg:CASSIA.ord C145.16(02/20/96 1:43pm) 2 2 1 2 3 4 5 6 ' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e DESIGNATED "HE ANTHONY BONS AND DICKY KOOREVM BONS mvc LIVING TRUST, in the sum of $30,000.00, for the taking of the property and interests in real property, shall constitute fu final payment for the condemnation and taking of said real prc and interests in real property, and extinguishes all Defeni claims which could have been made in this action, including, k limited to interest, fees, costs, litigation e- precondemnation damages, or other damages; 4. That said payment as hereinabove specified terminate, cancel, and extinguish all liens, leasehold. encumbrances of whatsoever nature on said real property; 5. That Defendants EIEMiY SILVER, EDITH SILVER, STEVENS dba SUNFRESH ROSES FLORIST, and PONTO FLORAL, IN( served with a Summons and Complaint In Eminent Domain, and failed to respond were defaulted and having been defaulte defendants are not entitled to any compensation herein; 6. That Defendant SPRING MOUNTAIN ESCROW CORN successor in interest to SOUTHERN CITIES ESCROW COM Corporation, filed a disclaimer of interest and is not ent any compensation herein; IT IS F7JRTEER ORDERED, ADJUDGED ANI) DECRgD: 7. That said total sum of $30,000.00 be distri Defendants ANTHONY BONS, DICKY BONS, ANTHONY BONS AT KOOREXAAR BONS, CO-TRUSTEES UNDER THAT CERTAIN REVOCABLE DE' OF TRUST, DATED MAY 25, 1982 AM) DESIGNATED THE ANTHONY DICKY KOOREVAlUi BONS REVOCABLE LIVING TRUST, in care attorneys, MICHAEL B. MCDONNELL, as follows: Jdg:CASSIA.ord C145.16 (02/20/96 l:42pm) 3 i 1. a. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 @ 0 (a) . That the sum of $20,400.00 has previously been deposited with the Court, and the County Treasurer is herein authorized to issue a warrant to Defendants ANTHONY EONS, DICKY BONS, ANTHONY BONS AND DICKY KOOREVAAR BONS, CO-TRUSTEES UNDEX THAT CERTAIN REvOCABI;E DECLPLRATION OF TRUST, DATED MAY 25, 1982 AM3 DESIGNATED THE ANTHONY BONS AND DICKY KOOREVAAR BONS REVOCABLE LIVING TRUST, in the sum of $20,400.00; (b). That Plaintiff pay directly to Defendant5 ANTHONY BONS, DICKY BONS, ANTHONY BONS AND DICK' KOOREXAAF!. BONS, CO-TRUSTEES UNDER THAT CERTAIN ~OCABL DECLARATION OF TRUST, DATED MAY 25, 1982 AND DESIGNATE THE ANTHONY SONS AND DICKY KOOREVAAR BONS REVOCXIL LIVING TRUST, the sum of $9,600.00; 8. That Plaintiff seeks to take, acquire, condemn the interests in said real property referred to and d herein; 9. That trial, the right to trial, hearing on the iss making and filing of a Statement of Decision, the right to n a new trial or appeal, Notice of Entry of Judgment and N Recording Final Order of Condemnation are waived, and that payment to Defendants as herein specified, that Plaintiff entitled to a Final Order of Condemnation. Dated: Judge of the Superior Cour Jdg:CASSIA.ord C145.16(01/25/96 LZ:USpm)4