09/22/1931-004i
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIX
AUTHORIZING EXECUTION OF STIPULATION*
BE IT RESOLVED by the City Council of the City of Anaheim
that the attorneys for plaintiffs In that certain action now
pending in the Superior Court of the State of Caaalifornia,
County of Orange entitled. E. E. Campbell et al., i ncluding the
City of Anaheim plaintiff, vs. The Irvine -Company, a corporation
et all., defendant, be and they are hereby authorised to enter
into that certain Stipulation, a copy of which is hereunto annexed
and made a part hereof.
The foregoing Resolution to signed and approved this 22nd
day of September, 1931.
Mayor of the City of Anaheim.
Attest:
I
STATE OF CALIFORNIA
COUNTY OF ORANOX SS.
CITY OF ANAHEIM
I EDWARD S. IaMITT, City C lerk of the City of Anaheim,
dad hereby certify that the foregoin Resolution was duly
passed and adopted at a regu lar meet of said City C
of the Olt of Anaheim held on the 22nd day of Repte ,
2931, by t o fallowing vote of the members thereto
AYES: Councllaa
NOES: Counoi3, qaa �
ABSENT AND NOT 'DOTING Cotusdi�.men �`a�i --
AND I FUR !`HER CERTIFY that the error of the City of Anaheim
signed said Resolution on the 22nd day of Septsuber, 1931,
IN WITNESS WHEREOF$ I have hereunto set my hand and affixed
the seal of the said City of A this 32nd day of 2epteamb*r,'
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY 4F ORA' ZO
. .. . 000 . *w
E. E. CAMPBELL L. J. BUSHARD
J. H. POPE, R. A. CHAf`M and
MABEL E. CHAYFZX husband and
wife W. O. MAUR'# E N and ANNA
C. MAUREHAX hasbazd and wife
R. J. MoFADW and MARY A.
McFADDEN * husband and wife J.J.
DWY'ER H. D. ME YER SANTA ANA
VALLEY IRRIGATION COMPANY a
Corporat ion * ANAHZIM UNION
WATER COMPANY a Corporation
THE CITY OF AN'AHEIM a munioipa l
corporati and THE CITY OF
FULLERTON * a Municipal oorpors.
Lion
Plaintiffs
...ys..
THE IRVINE CWANT a Oorporstion }
16AGUNA BEACH COUNTY WATER DI
TRICT THE CITY OF NEWPORT BEACH,
a municipal corporation, FAIRVIEW
YAM WATER 00XPAXT : a ,. aa%-
tion* . THE NEWPORT A IRRIGATION
DISTRICT
Defendants.
No.
WHERM the above entitled, aiotion has been fully 80tt
csompromised and adjusted by and between nch and all of the plain -
tiffs above massed and the Laguna Beach Conntg Water District one
of the defendants above named and it is the desire of the parties
to this stipulation that a decrte should be entered herein in aea.-
oordancae with mid eomproa lse and settlement;
NOW THEREFORE IT IS HEREBY STIPULATED by and between
AND ALL OF SAID PLAINTIFFS on the one part and the said defer
LAGUNA BEACH COUNTY WATER DISTRICT, on the other* that a decree
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11 shall be prepared and entered in the above entitled matter, deems -1
21 ing and adjudging the respective rights of,the:paxties hereto in
31 accordance with the terns, conditions and provisions hereinaf'ttz
41 contained, as follows, td —wit:
5 (1) The said defendant Laguna Beach County Water Distria
8 ae against said plaint iffy , and each of them, their successors an
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y assigns,, and without interference or ob j eta ion on the part of the
8 said p laintiffe, or their successors or assigns$ has the right
9 is entitled to pump, take, divert and/or *Wry MW water from t
10 underground waters lying and being and percolating through the 8
11 Ana River Basin as said basin is described in paratgraPh V. of the
12 complaint on file herein at such time or times, and at such orate
13 or rates, as said defendant, Laguna Beath 00=ty Water Districts
14 desire, in sufficient amount, and in not more that a sufficient
15 the time of taking said waters to supply the inhabitant
amount at g
16 at that time within the present boundaries of said Laguna Beach
17 County water District with water for domestics and other benefici
18 purposes, but in no event to excess of 1950 acre feet of water
19 ing any calendar year, or in excess of an average of 125 gallnnS
20 water per day for each of said inhabitants in any one calendar ye
21 measured as hereinafter provided; for the purpose of determining
22 the number of inhabitants of said district at any time the total.
23 number of meter connections installed as a part of the d.stri.but
24 system of said defendant district within the present boundaries a
25 said district, and through which water has been delivered for whi
261 charges have been made by said district can or prior to the first P
27 d of duly immediately preceding, shall be multiplied by five
28 the number se obtained shall, f the purposes of the decree to b
29 entered herein, be deemed to be the number of the inhabitants of
30 the district as of the time of said determination; said district
31 also has the right to transport said quantity of water so pumped,
32 taken, diverted or carried away by said County Water District to
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1 upon the land within the boundaries of said Laguna Beach County
2 j pater District, as said boundaries are now or bereaftesr may be do-
3 s fined, for use in said district for said purposes. It is further
4 agreed that if at any time within a calendar year the maximuss
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8 s quantity of water permitted to be taken by said defendant district
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during said year shall have been diverted from said basin, then
7 said defendant district shall be limited to the use of one -half
8 of the aforesaid average rate of consumption of water per capita �
9 during the remainder of said calendar year, and shall Likewise be
10 limited to said amount last mentioned for an equal period during
11 the First part of the succeeding calendar year.
12 (2) Said decree shall perpetually enjoin and restrain
13 said defendant, Laguna Beach County Water Bi sstri of , its argent or
14 agentsss offla -eror office director or directors, manager or
15 managers, employee or sssmployees $ and any person or persons or
16 corporation or corporationssss$ acting under it or for or in its be.
17 half, from pumping water Lying in or percolating through said
18 Santa Ana River Basin,, for the purpose of taking, diverting or
19 carrying it away to the lssss`nd or lands within said County Rater Di
20 trios, in excess of the amounts hereinabove in Paragraph (1) of
21 this stipulation specified; provided, however, that in the event
22 said defendant district sss'hall, as a member of what Is known as
23 the Metropolitan water District of Southern California, or as a
24 member of any other seater district importing water from ssourcesss
25 outside 611 watersh of the Santa Ana River, have or acquire the
26 right to pump, take, divert or transport any of said imported wate ,
27 then its right so to do sxbsall not be impaired by any c o ndition or
28 provisions of the decree - bi,oh shall be entered in accordance with
29 this stipulation.
30 (3) The defendant district shall install and maintain a
31 continuous recording water meter, of such a oharacster as is in ao.
32 oordancse with the accepted engineering practice relative to the
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1 me of grater in the State of California, and which meter �
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2 or meters shall be installe at a point in the pipeli of said
3 defendant dist*10t :o as to measure all water taken, from the wells
4 of said defendant district in said Santa Ana Basin. The defendant
5 Laguna Beach County Water District, shall keep a daily record of
s
a all water taken or diverted by it from each of its wells bored In
7 I the said Santa Ana River Basin, and shall keep said record perman-
8 ently filed in its office and shall furnish to the went of the
9 plaintiffs herein designated, a cony of said records for Bach *al
10 dar m o nth, on or before the 10th day of the succeeding calendar
11 month, and shall allow said agent to in"Ot said original records
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12 at reasonable times and during business hours; the said agent of
13 the plaintiffs shall have the right and authority from time to ti
14 to enter upon the premises of said Laguna Beach County 'dater Die-►
15 triat situated in said Santa Ana Rive Basin, and examine all of t
16 means and instrumentalities used by it for making such records and
17 ; to verify the accuracy of the same by making measurements of mater
18 so taken, and in so doing may have the assistance of an engineer �
19 saleoted by said agent; provided the said examination and inspsctU
20 and verifioatim shall be made in the presence of a representative
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21 of the defendant district; and provided further, that if, after
22 written n otice served upon said defendant district of not less tbaz
23 forty-eight (e8) hours, stating the time and place at which such
24 examination and verification is desired to be made, said district
2 5 fails to have a representative p resent , then said examination and
26 verification may be made at such time and place as the agent of aw
27 plaintiffs desires, without the nresenoe of said representative of
28 the defendant district; the secretary of the plaintiff, Anaheim
29 Union Water Comrpauy, a Corporation, shall be and act as agent of t'
30 plaintiffs for the purposes herein provided; said agent may be re.
31 moved at any time by plaintiffs and successive agents seleected by
32 written notice to said Laguna Bauch County Water District signed b
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a maj ority of the plaintiffs which are municipal or private corpo-
rations, or their successors. Said defendant district shall prom
ly remedy any defect or inaccuracy which met develop in the aforerr
said measuring devices so that the amount of water taken by said
defendant from said basin may be determined with reasonable ac+x- i
amy
(4) Findings of fact are waived in the above entitled mat
ter insofar as the defendant Laguna Bead C Water D istriot,
is co n cerned,
( Bach of the rarties her ' "shhll 'beef his, her or its
own coats,
IN IITNE68 WHIREOF, the said'd$f*vAaaaLt, a Beach Count
Water District, has caused this stip tlatian to be executid by its
attorney W, . Irving, of Riverside„ g4 4, and by its ?real
dent and Secretary, and its corporate ,Heal to be hereunto annexed,
by resolution of the Board of Directors of said district, duly ado
ad on the 8th day of Sentember, 1931,
Dated: September 8th, 1931,
LAGMTA BZAOH COUNTY WATER DISTRICT,
By John L. 3riokel
President.
By Leslie C. Waisger'bet
Secretary,
W. 0. Irving
Attorney for Defandant Laguna
County Water District,
Attorneys for Plaintiffs,
RESOLVED by the City Council
o f
th City of
Anaheim
that Attorneys Funsaker & Cosgrove, H.
C.
Head, and
- 1-jutan &
Mize, be and they are hereby authorized to act as attorneys for
said City and to join the said City as one of the plaintiffs in a
' S . Uit I be brought and f iled in the Superior Court Of orange
I Jounty,�Caljfornia, against Thne a U Company and others,
or t , purpo�Se of preventing $Oaw:*a12ex rtation of water
o fe
m t e Santa Ana River Mater' Siff; Witt ithout monetary Obli-
such sums as it way
B,tio on the part of said Cit th
U
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ee fi voluntarily to contrib e ense of said suit.
or
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=16 AG NT M40 and entered Into this ii. ' of
111ty, 1931 by and between OITY Of AN fit, & l O*xPOx&t1OR
Ot ,* q $,y b rx*J301 4*xipated as first paw#
organs xod &VA OXIO ng Ubdol by '3131" US Of the law* Of - *0
state of Oalifoxmi *„ her f u d *:L 'hod as "Oond paxtyt
MYSSED MANT BIXBY h*T*13 f%sT 4041 t*d as the thixt
e gg.
WITMMMI
001"i fete as "a, > or less of l oad
bls:r0twter dss oAbl l Ovi loy the fl rst pa4ltty, for the tg33>*
r Ate"" a U* B knowls, " Ova ta.
Mavorsitys; 04
first party
IOW THj RVORZ, it is mutually ape* by 9 bQtl
j P"ti*s hereto as followat
( I The sesead party agrees to convey to first party the �
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Inn str1al fraot in the Cit of A ejm$, ftaft of Cali,fomi.a, soars
pairtiftlarly d000ldbod, at follow t l
A t of 'land In the South asst a arter of the southeast
the north st 0OXW of mid lot; USA*a *as*.* 1300.9 foot 4oft the
north Uno of Lot* 19 to dd Imolwtiv IIt, of sai subdivislost, to the
tt east oi ty toundavy line of the 01ty of A olm; the noe north
said city boundar line 334. 09 toot; thoaeo crest, parallel
12 V14h ** 9erth Ubs of "Id lots In sod MONUVislou 11W. 05 toot
13 1 to the pre sul, east Uno of pate s tt ost i thenoo southvaxdly
14 1i , i
,Oaxa with disUat uniformly 30 toot t from the momm
lei I*Wtov Line of pa's atir t, U4 .00 , foot to they PJA06 of
16 tip` of all #a , ra to s.
17 1 of 'e4auvo vy aqo part' to
18 iaret 1wrlys first party agress to Oonvoy to third pa rt70 for
19 1 11##* p mp 000 s,. " s following dtoo ribod real p"Porty owned b
?-0 I � Iv *t s tu& in tx# tro t tt U of aliforniea 1 �� i tT of Ora
21 �i That portion of Lot IS Aaahein X t+ Waft as SIMM Oft
22 gap uAdO by 111111am R AW01 on filet U th OMOO Of the 00uts0
23 R 000rder of Taos Aa elos Co apaty parti arly deetoribed as
24 olums
251 Begiiukl at the northwesterly oa=or of 044 Teat 18; thoUao
26 outtvardly along 00 westerly lino of said lot, 5 toot then**
27 Imstivardly parallsl with the northerly Lines of mid left, 3.237.91
28 0#t nor* or lose to ea point *a the oast liana of raid lot; th0noo
z9 rah along said 040% UA0 665.9+1 feast, #ore err 1090, to the port
30 ' sst oornor of said lot; thernoo Wesuardly aloac the northerly liner
:31 f said lot, 936. foot, mo re ear 1082, to a Point 629 :toot Oast—
Z f'e measured along said nortbo rly lines from the northwesterly
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QO MW3t of said lot; th nc@ Soutvardly, paxallol Vith said wooterlY
2 lino of said lot W. 66 feet thence wesihmi 'dly, Pavallox with
3 said northerly lint of said lot 508 feet; mite nortbVatdlyp
parallel vith said w#Ste l y line of . said lot, $86 feet; then**
5 re ostwaxuy a mid mosshway lino of I said 3#t 20 feet to ter pla4
, 6 it of beginning.
7 I tJo $0 the 'Yeats, conditlaus# ro serVationoll
I � restrictions Of record.
9 I Not aroa, 12.40 & est, mo or loss, . after deducting i road
1 eenti #.
11 dread of coo" ee mill provide that e44 p xOpolty IS to be
12 �ju ty third Par1w for The pwrP of oonstZoting j% ooluge the
Iftevis r said property for any puTpOre, nor e 11 :that this :'tys
22 any his & *si s* pomit w 11011 of kind ovs r to a
23 I the said property until after Tbird party has expended th
24 1[ of taso.W0 for isprovexono to be p A sai property
25 is a he rJ,A P rOvidou t"he said A#*d Is to be doll"Ted In 090VO r Upon
26 itbe OX#Mtjon Of Vkig a grog nt, upon the foUOwing eenditiOnSt
27 That the ,*= SWI be haeld in *$GUM Until the third paXtyf
28 1 U# " s i o sUll deposit, in said osoxow than SUS b
29 �Inwmd i f ty c ( , ' .00 ) D o ll&rs $ vbJeh I*e Hundred
3 I ,ft Thy+ saj (#50 Doll&&M sU ll he deposited with i tr
3i tiows to a $OTOw holder to 13" the same out fader Permanent improvements
32 14o, to said land by third party, , nr Me assigns, and &hall
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d B kind and w 4 fr,.. requ mar be w. '<: 4
at 00 prevailing Market price for Wh.iCh said Osterialo may be PUX-
t'� t.': o t t h e deed S$ a a av ': h 9:: F: s Ad R P arty
first p arty Sha d in the escrow a d t o o " `.
;.. said d s bo be z .: - .v_1 a x.o C 3 €. w i t h d x, : ..b O
first p ar ty to s w. s par and th i n t he }'. t h i r d m ;,,
f or n y reAka rtiek, #p ,i1 f H 'mu 004
# I '
Its w d f ur t her e h and as*
that be will deposit Two H=dr*dnfty ThousmA (3250
llaa►rae, # ozeta ape to be dope slt , in Aali# row, within one year
4.1 33C3=
will 00000 :aa roVearent of Sa property # whi
I f
�, " .asp ♦ , M € � � �+� # � .� �:'�k t w a ., � .: � �p:� .; � � .�s
a `Mr z
a , d .
pure a►aso the reversion interest of the first party in and to the
and f*ur*4*a tbs a rer above described for the sum theroin
24 sp ooMed o that tsbo first Marty $haaGll In aaUOh OVOR* Pay to the
26 s000nd party the SM of Eight fhOuGt-nd 0 8,000 , -00) Doll9ers out of
26 I tbe soney r000ived by the first party.
27 Is tur$her understood and agre by and baet"en the
28 � � Partios hereto Chalk time is the essence of this agreement.
29 i IN WITUBSO WHZMF the City of Anaheim ei has caused this
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30 as st sent to be �essouted by its m a r anal a rtes od by the a lerr
31. vtacatg been duly author by the City Ore oil of said eity, and
32
� hw Goxam lty Industrial. Land Company, Incorporated, bas caused
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the day and year tixst a vo written.
OI TY OF AN AHZIN
B
s
OUX UNITY INDTR14 UO
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