Agreement - Eminent Domain
I ., t
AGREEMENT
Without prejudice to any rights accruing to the parties
hereto concerning or by virtue of the condemnation action filed by
the POMERADO COUNTY WATER DISTRICT in San Diego County Superior
Court, Proceeding No. 327294 , the parties hereto agree as follows:
1. The POMERADO COUNTY WATER DISTRICT may have immediate
possession of the real property described in the Complaint in
Eminent Domain filed in San Diego County Superior Court Proceeding
No. 327294 in order to commence construction of a sewer pipeline
to be installed and maintained by POMERADO COUNTY WATER DISTRICT;
and
Z. The undersigned defendant in said action acknowledges
that he has received a copy of the following documtnts pertaining
to said San Diego County Superior Court Proceeding No. 327294
.
a. Summons
b. Complaint in Eminent Domain
c. Order for Immediate Possession
IN WITNESS WHEREOF, the parties hereto have set forth
their signatures on the date indicated: /
Dated: August 18, 1971
TITLE INSURANCE AND TRUST COMPANY
as Administrator of the Estate of
Leonard H. Friedrichs, deceased
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Dated: August ~. 1971 By
. HINRICHS, Vice-President
ust Of'f'icer
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1 SMITH 1\ PELTZER
Attorneys at Law
2 365 E. Br.oadway E, -, ~. ....!"., J....; lID
Vista, California 92083
:3 Telephone: 726-2260 AUG 1 8 19'
4 Attorneys for Plaintiff .,,_ I)
-. ..........,.
5
6
"I
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN DIEGO
10 POMERADO COUNTY WATER DISTRICT, ) No. 327294
a St~t~ Agency, )
11 " )
~ ,
. Plaintiff )
j
12 )
vs .. ) ORDER FOR IMMEDIATE
,. , , 13 , , ~ ) POSSESSION
TITLE ~SURANCE AND TRUST' GOMPANY, )
14 as Administrator of the Estate of )
Leopard., II. Friedrichs, Dece.ased" )
15 SAN; DI~OO GAS AND ELECTRIC CQMPANY, )
a corporation, CHARLES J. FRI'EDRICHS )
16 and JOSEPHINE C. FRIEDRICIIS, the )
UNITED SIATES OF AMERiCA, the STATE )
17 OF CALIFO~~IA, DOE I, DOE II, DOE III, )
DOE IV, DOE V, DOE VI, DOE VII, DOE )
18 VIII, DOE IX, DOE X, and JOHN DOE )
CO~PORATION, )
19 )
Defendants )
20 )
21 In accordance with the prayer of the Complaint in the above
22 en~i~led case and upon reading the affidavit of Vernon A. Peltzer
23 on file herein, and in accordance with the laws of the State of
24 California, and good cause appearing therefor:
25 IT IS HBREBY ORDERED AND ADJUDGED that plaintiff be and is
26 hereby permitted and authorized to enter upon the parcel of real
27 property described in plaintiff's complaint, and to devote the
28 same to the public use specified in the Complaint on file herein,
SMITH 81 PEL.TZER
AnORNEVS AT LAW
3611 EAST I!IROADWAY
VISTA, CALIFORNIA 8208$
TELEPHONE 7.6...60 I -1-
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1 to wit: sewer pipeline purposes and to do such work thereon as
2 may be required for the purpose for which said premises are sought
:; to be condemned, according to the nature thereof.
4 IT IS FURTHER ORDE~ED, ADJUDGED AND DECREED that before
5 entering upon or occupying said premises, the plaintiff shall
6 deposit the sum of Seven Hundred Dollars ($700.00) with this Court
7 for further deposit with the County Treasurer. Such amount is
8 hereby determined to be the probably just compensation for the
9 taking of the property rights sought to be condemned in this pro-
10 ceeding, and any damage incident thereto.
11 The' right of immediate posseuion as to any particular parcel
12 described in the Complaint shall be utilized only after the plain-
13 tiff shall have caused to be served upon the defendants having an
14 interest in said parcel, as set forth in the Complaint on file
15 herein, a notice specified in Section 1243.5 of the Code of Civil
16 Procedure.
1? Plaintiff is authorized to take possession of the real prop-
.. ;18 erty described in the Complaint twenty (20) days after having
19 served a copy of this Order on the record owner or owners of the
20. ,property, and on the occupants of the property if other than the
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,'21 owners. Such service of this Order shall be made in accordance
22 with S.ction"1243.5 of the Code of Civil Procedure.
23 .oa ted: AUG "1971 "
24 ' . IE
25 ~ A, k1I.GAIUF
?6 JUDGE OF THE SUPERIOR t15U~-
2?
28
SMITH (Ie PEL.TZER
ATTORNEYS AT LAW
385 I:AST BROADWAY
VISTA, C:ALIPORNIA szoe3
TEL'PHON' 7'.-".0 \ -2-
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1 SMITH & PELTZER ~ 0 ~
Attorneys at Law n: ID~
2 365 E. Broadway ,.... lJ;
Vista, California 92083 /lUG 18 19
:3 Telephone: 726-2260 .....I 11
It 8 )
4 Attorneys for Plaintiff . . JAMES, CI...~-
BY -~
5 c:PI.I'!:Y-
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFO~~IA
9 COUNTY OF SAN DIEGO
10 pmfERADO COUNTY WATER DISTRICT, ) No. 327294
a State Agency, )
11 )
Plaintiff )
12 )
vs ) COI>IPLAINT IN
13 ) EMINENT DOMAIN
TITLE INSURANCE AND TRUST COMPANY, )
14 as Administrator of the Estate of )
Leonard H. Friedrichs, Deceased, ) .
15 SAN DIEGO GAS AND ELECTRIC COMPANY, )
a corporation, CHARLES J. FRIEDRICHS )
16 and JOSEPHINE C. FREIDRICHS, the )
UNITED STATES OF AMERICA, the STATE )
17 OF CALIFORNIA, DOE I, DOE II, DOE III, )
DOE IV, DOE V, DOE VI, DOE VII, )
18 DOH VIII, DOE IX, DOE X, and JOHN DOE )
CORPORATION, )
19 )
Defendants )
20 )
21 Comes now POMERADO COUNTY WATER DISTRICT, a state agency, for
22 cause of action alleges:
23 I
24 That plaintiff, POMERADO COUNTY WATER DISTRICT, is a state
25' agency acting and existing under and by virtue of the laws of the
26 State of California governing county water districts, and is by
"
27 law vested with authority to exercise in its own name the power
28 of eminent,domain for the purpos~' of acquiring real property and
SMfTH a PEL.TZER
ATTORNEYS AT LAW
.:!IS!! EAST BROADWAY .
VISTA, CALIFORNIA. .2.083
nUPHOHIl: 726-2260 I
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1 easements of rights-of-way for sewer pipelines maintained and
2 operated by plaintiff, POMERADO COUNTY WATER DISTRICT.
:3 II
4 That prior to the commencement of this action, the Board of
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5 Directors of the POMERADO COUNTY WATER DISTRICT, at a regular
6 meeting held on July 14, 1971, duly passed and adopted by unanimous
7 ~ete of all its members present, Resolution No. 72-2 declaring that
8 the public interest, convenience, and necessity require the con-
9 struction, operation, and maintenance of sewer pipeline and
10 appurtenances and related structures across portions and under the
11 surface of the property described in Resolution No. 72-2, a copy
12 of which, marked Exhibit "A", is attached hereto and incorporated
13 herein by reference thereto as though set forth in full herein.
14 Further, that said resolution authorited the condemnation of a
15 sewer pipeline easement upon and under the parcel of real property,
16 so as to acquire for permanent use an exclusive easement for sewer
17 pipeline within the real property described in the POMERADO COUNTY
18 WATER DISTRICT.
:19 III
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, . 20 .. A description of the property sought to be condemned by this
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proc'eeding is. set {or(,th as 'Parcel I below and a descript ion of the
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22 property sou~ht to be condemned as a temporary working easement is
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set. forth as Parcel II below.
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SMITH ~ PELTZER
ATTORNEva AT LAW
36S EAST BROADWAY
VISTA, CALII"ORNIA .2083
TELEPHONE 726-2260 -2-
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1 PARCEL I
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2 An easer.1en t 10 feet in width for sewer purposes. over, under, along
and across that portion of Lot 3 - Northeast 'Quarter of the North-
:3 west Qu~rter- Section 2, Township 14 South, Range 2 West, San
Bernardino Meridian, accordirig to the Official Plat thereof, the
4 center line of said easement being described as follows:
5 Beginning at the Northwest corner of Rancho Verde Unit No. 1,
according to Map thereof No. ~746 on file in the Office of the
6 County Recorder of San Diego County, State of California, said
point also being on the centerline of the main public highway,
7 Route No.3; thence South 88011' 35" East along the Northerly line
of Rancho Verde Unit No.1, 37.07 feet to the True Point of
8 Beginning; thence North 5047'49" Eas.t, 209.66 feet; thence North
2006' 27" Eas t, 285.85 feet to a point in the Northerly line' of
9 the Southerly 495 feet of the Northerly 825 feet of said Lot 3,
said point being 45.00 feet, measur.ed at right angles, from the
10 centerline of public highway Route No.3, the side lines of said
easement to be lengthened or shortened to terminate on the
11 Northerly line of the Souther.1y 495 feet of the Northerly 825
feet of said Lot 3 and the Northerly line of Rancho Verde Unit
12 No. 1.
13
14
15
16 PARCEL I I
17 A construction easement 30 feet in width for sewer purposes over,
under, along and across that portion of Lot 3 - Northeast Quarter
18 of the Northwest Quarter- Section 2, Township 14 South, Range 2
West, San Bernardino Meridian, according to the Official Plat
19 thereof, the center line of said easement being described as
follows:
20
Beginninli at the Northwest corner of Rancho Verde Unit No. I,
21 according to Nap thereof No. 6746 on file in the Office of the
County Recorder of San Diego County, State of California, said
22 point also being on the centerline of the main public highway,
Route No.3; thence South 88011'35" East along the Northerly line
23 of Rancho Verde Unit No. 1, 37.07 feet to the True Point of
Beginning; thence North 5047'49" East, 209.66 feet; thence North
24 2006'27" East, 285.85 feet to a point in the Northerly line of
the Southerly 495 feet of the Northerly 825 feet of said Lot 3,
25 said point being 45.00 feet, measured at right angles, from the
centerline of public highway Route No.3, the side lines of said
26 easement to. be lengthened or ,shortened to terminate on the
Northerly line of the Southerly 495 feet of the Northerly 825
27 feet of said Lot 3 and the Northerly line of Rancho Verde Unit
No.1.
28
:SMI'TH 6' PEL.TZER Thi~ t6n~truction easement shall terminate upon acceptance of the
ATTORNEYS AT LAW sanitary sewer by the Pomerado County Water District.
!l6!1'I!:A8T-IlIROAOWAY
VISTA, CU.1FORNIA .a083
Tl!:LI!:PHONl!: ,726-2260
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1 IV
2 That the public interest, convenience and necessity demand
:3 the acquisition and taking of a permanent easement for the purposes
4 aforesaid and the property described in said Resolution No. 72-2.
5 That the use of said easeMent for sewer pipeline is a public use
6 authorized by law, and that the taking of said property is necessftr
7 for the public use. Further, each and every matter, fact, and thin
8 stated and set forth in said Resolution was and is true.
9 V
10 Resolution No. 72-2 described a parcel in Exhibit A thereto,
11 being the permanent easement necessary for the installation and
12 the perpetual maintenance, operation and repair of said sewer
13 pipeline.
14 VI
15 That the public interest, convenience and necessity demands
16 the acquisition of a temporary easement necessary for the working
17 strips of land for the purpose of constructing the pipeline or
18 pipelines, including the right and privilege to operate any and
19 all machinery on said strips necessary for the construction of
20 said pipeline or pipelines. The said temporary working strip is
21 particul~rly described in paragraph III above as Parcel II.
22 VII
}23 . :That by this action Plaintiff intends to take, acquire, and
24 ,
condemn, and own an easement of right-of-way through, under and
25 across the hereinafter described real property for the installa-
26 tion, .construction; operation,. maintenance, rcpair, replacement
27 and reconstructio~ of sewcr pipelines and all structures incidental
28 thereto, together with the 'perpetual right to remove buildings,
SMITH 6 PEl..TZER
ATTORNEYS AT LAW
368 EAST BROADWAY
VISTA. CALIF'ORNIA 82083
T!:L.EI"HONE 726.2260
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1 structures, fences, pavement, trees, bushes, undergrowth, flowers
2 and any other obstruction interfering with the construction,
:3 operation, repair or replacement of sewer pipelines therein by the
4 POMERADO COUNTY WATER DISTRICT, its successors or assigns.
5 VIII
6 The location, general route and termini of the easements
7 sought to be condemned herein, insofar as involved in this pro-
8 ceeding, are as shown on the map marked Exhibit "B", attached
9 hereto and by reference made a part hereof.
10 IX
11 That the defendants named as DOE and JOHN DOE CORPORATION
12 named above have, or claim to have, or in the very near future
13 will have an interest in certain parcels of land; the exact nature
14 of such interest is unknown to plaintiff. The true names or
15 capacities, whether individual, corporate, associate, or otherwise,
16 of defendants DOE I through DOE X are unknown to plaintiff, and the
17 true name of JOHN DOE CORPORATION is unknown to plaintiff, who
18 therefore sues said defendants by such fictitious names, and will
19 seek leave to amend this complaint to show the true names and
20 state" of incorporation, if any, when the same have been ascertained
II 21 X
.
22 Each and every matter, fact and thing stated and set forth
23 in said resolution was and is true.
24 XI
25 The names of all owners of and claimants to the property
26 sought to be condemned herein, insofar as known to plaintiff, are
27 hereinafter set forth in this paragraph. Each defendant named has,
28 or claims to have, some right, title or interest in or to the
SMITH tic PELTZER
AnORNEYS AT LAW
36111!AST BItOADWAY
VISTA, CAUFORNIA 82088
TEU"HONE, 726-2280
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1 parcels of real property heretofore described. For the convenience
2 of the Court and parties, and not as allegations to which plaintiff
:3 intends to be bound, plaintiff has set out the names of each de-
4 fendant and opposite each name a stattment of the interest in said
5 parcel:
6 TITLE INSURANCE AND TRUST COMPANY - interest as administrator
7 of the Estate of Leonard II. Friedrichs, deceased, in the fee title
8 to the property for the heirs and devisees of the Estate of Leonard
9 H. Friedrichs.
10 SAN DIEGO GAS AND ELECTRIC COMPANY - interest as grantee of
11 an easement for poles, wires and anchorage for the transmission
12 and distribution of electricity and incidental purposes by deed
13 recorded December 9, 1947, in Book 2574, page 247, San Diego County
14 Records.
15 ,
CIIARLES J. FRIEDRICHS and JOSEPHINE C. FRIEDRICHS - interest
;
16 in an easement for ingress and egress for roadway, pipelines and
17 all public utilities reserved in document recorded April 16, 1951,
18 in ~oQ,k.4QS4, pa~e 372, San Diego County Records.
19 I '
UNITED S~ATES OF AMERICA . interest by lien for federal estate
20 tax payable by reason of the death of Leonard H. Friedrichs.
.
21 STATE OF CALIFORNIA. interest by lien for state inheritance
22 tax payable by reason of the death of Leonard H. Friedrichs.
23 XII
24 Plaintiff is informed and believes and basing such allegation
25 on information and belief plaintiff alleges that Title Insurance
26 and Trust Company is the duly appointed, qualified and acting
27 administrator of the estate of Leonard H. Friedrichs.
28 WHEREFORE, plaintiff prays judgement:
SMITH !II PELTZE.R
"TICRNEY. AT LAW
3GIl 'lE"AlIT IlItOAOWAY
VISTA, CALI"'ORNIA. 8208*
"","PHO." 7'0-2200 I -6-
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1 1. Condemning the hereinabove described real property for
2 the purposes set forth in this complaint.
3 2. Ascertaining and assessing the just compensation for the
4 condemnation, the taking of said real property and any damages
5 incidental thereto.
6 3. That plaintiff be let into immediate possession of said
7 property for the purposes hereinbefore set forth.
8 4. That all liens and encumbrances against said property be
9 deducted from said judgment.
10 5. Upon payment by plaintiff to defendants or upon payment
11 into court of the sum of money found in said judgment to be just
12 compensation to be paid to said defendants and each of them for
13 said easements or other property rights, and upon compliance by
14 plaintiff with requirements of said judgment, and with the pro-
15 visions of Title 7, part J of the Code of Civil Procedure of the
16 State of California relating thereto, plaintiff may havc a final
17 decrce of condemnation of said easements and vesting the same in
18 plaintiff .
19. 6. For such other and furth~r relief as the Court may deem
20 proper in the pTemises.
21 Dated: August 18. 1971
22 1
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23 By ;:.' F:li.~rney for
24 .
POMERADO COUNTY WATER DISTRICT
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SMITH a PELTZER
ATTORNE.... AT LAW
3611 EAST eROAOwAY
VISTA. CALIFORNIA 82083
l'ELEPHOHll 726-2260
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RESOLUTION NO. 72-2
RESOLUTION OF THE BOARD OF DIRECTORS OF POMERADO
COUNTY WATER DISTRICT AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY SITUATED
IN THE COUNTY.OF SAN DIEGO, STATE OF CALIFORNIA
BE IT RESOLVED by the Board of Directors of the Pomerado-,
County Water District as follows:
Section 1: That the public interest, convenience and
necessity'of Pomerado County Water District, a State agency of the
State of California, and the inhabitants thereof require the con-
struction, operation and maintenance of facilities for collection
and treatment of sewage, facilities and appurtenances upon certain
lands in the County of San Diego, State of California, hereinafter
more particularly described.
Section 2: That the public interest, convenience and
necessity of the above-named county water district and its in-
habitants demand the acquisition and taking of said lands for the
construction, operation and maintenance of facilities for collection
and treatment of sewage, facilities and appurtenances.
Section 3: That the property over which rights of way
are to be taken by said county water district, hereinafter referred
to, is in the County of San Diego, State of California, and is
described in Exhibit A, attached hereto and made a part hereof by
reference.
.
Section 4: That immediate possession shall be taken of
the rights of way described in Section 3 hereof.
Section 5: That the taking and acquiring by said county
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water district of the rights of way herein described is deemed to
be necessary for the construction, operation and maintenance of
facilities for the collection and treatment of sewage, facilities
and appurtenances. Said use is a public use and that for said
public use it is necessary that said county water district condemn
and acquire said rights of way. .
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EXHIBIT "A"
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Section 6: That the law firm of SMITH & PELTZER, Attor-
'neys at Law, 365 East Broadway, Vista, California 92083, be' and,
is he!eby authorized and directed to commence an action in the
Superior Court of the State of California, in and for the County
of San Diego, in the name of and on behalf of the Pomerado County
Water District against all owners and claimants of the above-
described rights of way for the purpose of condemning and acquiring
said rights of way for the use of said Pomerado County Water Dis-
trict and that said condemnation action shall be prosecutBd in
accordance with the provisions of the law applicable thereto.
PASSED, ADOPTED AND APPROVED this 14th day of July, 1971 ,
by the following roll call vote:
AYES: Directors Goddard, Hensley, Miranda, Todd, Courtier
NOES: Directors none
ABSTAIN: Directors none
ABSENT: Directors none
d J d(1.' Yc
I'-*-{A.-J :c flU .C/>-A<-C.-
I President of the Board of Directors
Pomerado C~unty Water District
, \,
ATTEST:
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Secretary of the Board of Directors
Pomerado County Water District
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(. Job No. 2020 April 28, 1971
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LEGAL DESCRIPTION
SEWER EASID1ENT - FRIEDRICHS
An easement ten feet (10 I) in width for sewer purposes over, under
along, and across that portion of Lot 3 (Northeast l.I.uarter at the
Northwest Quarter) Seotion 2, Township 14 South, Range 2 Wost, San
Bernardino Meridian, acoording to United States Government SUrvey
approved April 22, 1876, the centerline of said easement being de-
scribed as follows:
Beginning at the Northwest corner of Rancho Verde Unit No.1, ec-
cording to Map thereof Xo. 6746 on file in tho offioe of the County
Recorder of San Diego County, State of California, said point also
being on the oenterline of the main Publio Highway, Route No.3;
thence South 88011' 35" Eost along the }:ortherly line of Rancho.
Verde Unit No.1, 37.07 feo't to the THLJE POINT OF BEGINNING; thonce
North 50lf7'l.9" East, 209.66 feot; thenoe North 2006'27" East, 285.85
fee t to a point in the Northerly 1 in,) of the Sou the r1y 1.95 fee t of
the Northerly 825 foet of said Lot ), said point baing 45.00 feet,
measured at right anglos, fron the centorline of Public Highway
Route No.3, the side linos of said easement to bo lengthened or
shortened to terminate on tho Northarly line of the Southerly 495
feet of the Northerly 825 foot of saId Lot) and the Northerly line
of Ranoho Vordo Unit No. I,
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EXHIBIT A
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STATE OF CALIFORNIA)
c ) 55
County of San Diego)
I, ~~x C. TAYLOR, Secretary of the Pomerado County Water
District, DO HEREBY CERTIFY that the foregoing is a full, true
and correct copy of Resolution No. 72-2 of the Board of Directors .-
of said District, duly adopted on the 14th day of July, 1971, by
the following roll call vote:
AYES: Directors Goddard, Hensley, Miranda, Todd, Courtier
NOES: None
ABSTAIN: None
ABSENT: None
and that the same has not been amended or repealed.
Dated: July 15, 1971
MA~l{~'sfu~t the
Pomerado County Water District
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