HomeMy WebLinkAboutResolution 1992 - 0026RESOLUTION NO.92-26
APPROVING STIPULATION FOR JUDGMENT IN CONDEMNATION
RE LEASEHOLD INTERESTS,MINERAL RIGHTS AND ROYALTY
INTERESTS AT TREATMENT PLANT NO.2
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,
11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA,
APPROVING A STIPULATION FOR JUDGMENT IN CONDEMNATION
RELATIVE TO LEASEHOLD INTERESTS,MINERAL RIGHTS AND
ROYALTY INTERESTS IN CERTAIN REAL PROPERTY OWNED
BY THE DISTRICTS AT TREATMENT PLANT NO.2
WHEREAS,.the County Sanitation Districts of Orange County,California,are
the fee title owner of certain real property generally described as their
Treatment Plant No.2 facilities in Huntington Beach,California.Said real
property is specifically described in Exhibits “As and “B”of Resolution
No.91—37,a joint resolution of the Boards of Directors determining the
necessity of acquiring said property,duly adopted by the Boards of Directors on
March 13,1991;and,
WHEREAS,the Districts,by their Special Legal Counsel,have filed a
complaint in eminent domain in the Superior Court of the State of California,
County of Orange,Case No.653248,on March 26,1991,seeking to acquire the
leasehold interests,including all mineral rights and royalty interests,in each
of the parcels described in said Resolution No.91-37;and,
WHEREAS,the Districts,at the time of filing the action in eminent domain
in Superior Court,filed a written appraisal for the total value of the
leasehold,mineral and royalty interests in that certain real property not owned
by the Districts and owned by the Defendants to the proceedings described in
Resolution No.91—37;and,
WHEREAS,Special Legal Counsel for the Districts and counsel for each of
the Defendants have recoiTmended that a Stipulation for Judgment in Condemnation,
be filed with the Court and that upon approval of said stipulation,a judgment
in accordance therewith be entered by the Court granting to the Districts all of
the legal rights,title and interest in the parcels sought to be acquired by the
action of eminent domain in exchange for the payment of detemined sums as set
forth below.
NOW,THEREFORE,the Boards of Directors of County Sanitation Districts
Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California,
DO HEREBY RESOLVE DETERMINE AND ORDER:
Section 1 That the certain Stipulation for Judgment in Condemnation,by
and between County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of
Orange County,California,as Plaintiffs in Orange County Superior Court Case
No.653248,and Defendants,Daniel W.Elliott,Jr.,sued as “D.W.Elliott,Jr.”,
James E.Herley,David lvi.Herley,as Trustee of Blanche Herley Trust,Betty
Elliott Field and Placenta Partners,herein collectively referred to as
“Elliott”;and the Orange County Flood Control District,a public agency,a copy
of which is attached hereto as “Attachment A”and incorporated herein by this
reference,is hereby approved;and,
Section 2 That payment to Daniel W.Elliott,Jr.,James E.Herley,
David M.Herley,as Trustee of Blanche Henley Trust,Betty Elliott Field and
Placenta Partners,in the amount of $378,675.00,and to the Orange County Flood
Control District in the amount of $98,600.00,plus interest at the rate set by
the court,is hereby authorized,in accordance with said stipulation for
judgment;and,
Section 3 That the Districts’General Manager,General Counsel and
Special Legal Counsel are hereby authorized to execute any and all documents to
carry forth the provisions of said stipulation for judgment in condemnation,
judgment in condemnation and this resolution.
PASSED AND ADOPTED at a regular meeting held March 11,1992.
ORANGE COUNTY SANITATION )
DISTRICT NO.1 OF ORANGE COUNTY,)
CALIFORNIA,a public agency,et )
al.,
Plaintiffs,
D.W.ELLIOTT,JR.,an
individual;et al.,
Defendants.
CASE NO.65—32—48
(AP Nos.114-160—36 and
114—160—40)
Judge James P.Gray
Department 29
)
STIPULATION FOR JUDGMENT IN
)CONDEMNATION’.
MSC Date:3/20/92
MSC Time:’1:30 P.M.
PALMIERI,TYLER,\WIENER,WILHELM &WALDRON
Robert F.Waidron,Bar #26376
Gary C.Weisberg,Bar #132092
Suite 1300 -East Tower /
2603 Main Street /
Irvine,California 92714
(714)851—7282
Attorneys for Plaintiffs Orange County
Sanitation Districts Nos.1,2,3,5,6,\’7,
11,13 and 14 of Orange County,Californi’&
/
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
1
2
3
41
5
6
7
8
10
11
12
13
14
15~
16
17
18
19
20
21
22
23
24
25
26
27
28
V.
IT IS HEREBY STIPULATED by and’between plaintiffs Orange
County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14
of Orange County,California,public agencies (herein
collectively referred to as “plaintiffs”),and defendants Daniel
W.Elliott,Jr.,sued herein as “D.W.Elliott,Jr.”,James E.
Herley,David M.Herley,as Trustee for Blanche Herley Trust,
Betty Elliott Field and Placenta Partners •(herein collectively
referred to as “Elliott”),and Orange County Flood Control
District,a public agency,as follows:
“ATTACHMENT A”to Resolution No.92-26
1 1.Judgment in Condemnation as to the leasehold
2 interests,including ailmineral rights,arid royalty interests in
3 the real property described in plaintiffs’complaint in eminent
4 domain (herein referred to as “subject property”)may be made arid
5 entered containing the terms and conditions of the attached
6 proposed Judgment in Condemnation marked as Exhibit “A”and by
7 reference made a part of this Stipulation as though fully set
8 forth herein.
9
10 2.plaintiffs shall assume the responsibility for all
ii.utility pipelines constructed on the subject property by
12 plaintiffs.
13
14 3.Plaintiffs shall indemnify Elliott from liability with
15 respect to the abandonment of the wells on the subject property.
16
17 4.Notice of entry of judgment and final order of
18 condemnation is hereby waived.
19
20
21.Dated:February i3
,
1992
22 PALMIERI,TYLER,WIENER,
WILHELM &WALDRON
23
!~
24 By.~—~CJ1
Gary q(Weisberg N.
25 Attor~(eys for P1ain~4~fs
Orange County Sanitation
26 Districts
27
28
—2—
1
ELLIOTT
2
3 By______________________
DanielW.Elliott,Jr.
4
5
6 James E.Herley
7
8
________________________________
David M.Herley,Trustee of
9 Blanche Herley Trust
10
11
________________________________
Betty Elliott Field
12
13
Placenta Partners
14
15
5
By___________________________
16
17
18
TERRY C.ANDRUS,COUNTY COUNSEL
19
5
EDWARD N.DURAN,DEPUTY COUNTY
COUNSEL
20
21
S
By______________________________
22
5 Edward N.Duran,Deputy
Attorneys for Defendant
23 Orange County Flood Control
District
24
25
26
27
28
—3—
1 PALMIERI,TYLER,WIENER,WILHELN &WALDRON
Robert F.Waidron,Bar #26376
2 Gary C.Weisberg,Bar #132092
Suite 1300 -East Tower
3 2603 Main Street
Irvine,California 92714 -
4 (714)851—7282
5 Attorneys for Plaintiffs Orange County
Sanitation Districts Nos.1,2,3,5,6,7,
6 11,13 and 14 of Orange County,California
7
8 SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
10’
j~.ORANGE COUNTY SANITATION )CASE NO.65-32-48
DISTRICT NO.1 OF ORANGE COUNTY,)
12 CALIFORNIA,a public agency,et )(AP Nos.114-160-36 and
al.,)114—160—40)
13
Plaintiffs,)Judge James P.Gray
14 )Department 29
v.
15 )JUDGMENT IN CONDEMNATION
D.W.ELLIOTT,JR.,an )
16 individual;et al.,)
MSC DATE:3/20/92
17 Defendants.)MSC TIME:’1:30 P.M.
____________________
)
18
19 It appearing to the Court that the above—named plaintiffs
20 and defendants Daniel W.Elliott,Jr.,sued herein as “D.W.
21 Elliott,Jr.”;James E.Herley;David M.Herley,as Trustee for
22.Blanche Herley Trust;Betty Elliott Field;Placenta Partners
23 (herein collectively referred to as “Elliott”),and Orange County
24 Flood Control District,a public agency (“hereinafter sometimes
25 referred to as “Flood Control District”),have stipulated that
26 Judgment By Condemnation may be entered herein with respect to
27 the leasehold interests,including all mineral rights,and
28 royalty interests,in the real property described in plaintiffs’
EXHI’EIT ‘A
1 complaint in eminent domain;and have waived notice of entry of
2 judgment and final order of condemnation.
3
4 It further appearing to the Court that on March 26,1991
5 plaintiffs deposited with the Court the sum of $338,600 pursuant
6 to the provisions of Section 1255.010 and 1255.020 Code of Civil
7 Procedure for the acquisition of the interests in the real
8 property described in plaintiffs’complaint.No part of the
9 court deposit has been withdrawn.
10
11 It further appearing to the Court that pursuant to an order
12 for prejudgment possession made on March 29,1991,plaintiffs
13 were authorized to take possession of the subject property on
14 July 1,1991,or 90 days after service of the order for
15 prejudgment possession,whichever was later.Service was made on
16 April 3,1991.The effective date of possession is July 2,1991.
17
18 It further appearing to the Court that the action has been
19 dismissed as to defendants Aileen M.Elliott,an individual;A.
20 J.Mickle,an individual;James G.Creed,Trustee,Blanche T.
21 Herley,an individual;and County of Orange,a political
22 subdivision of the State of California;and that said dismissals
23 have been made and entered.
24
25 It further appearing to the Court that Elliott and Flood
26 Control District had interests in the subject property,and that
27 the agreed amount of compensation for the acquisition of said
28 interests is as follows:
EXE!BIT A
1 •$98,600 to Flood Control District for royalty
2 interests plus interest as allowed by law;and.
3
4 •$378,675 to Elliott for leasehold interests,including
5 mineral rights,plus interest as allowed by law.
6
7 Based on the foregoing and good cause appearing theref or IT
8 Is HEREBY ORDERED,ADJUDGED AND DECREED as follows:
9
10 1.Upon payment to defendants Elliott of the sum of
11 $378,675,plus interest thereon as allowed by law,and upon
12 payment to defendant Flood Control District of the sum of
13 $98,60O,~plus interest thereon as allowed by law,the interests
14 in the real property’described in plaintiffs’complaint shall be
15 condemned to plaintiffs and against defendants Daniel W.Elliott,
16 Jr.,sued herein as “D.W.Elliott,Jr.”,James E.Herley,
17 David M.Herley,as Trustee for Blanche Herley Trust,Betty
18 Elliott Field,Placenta Partners,and Orange County Flood
19 Control District,a public agency,for the uses and purposes
20 described in plaintiffs’complaint,to wit:for the
21 construction,operation and maintenance of plaintiffs’interplant
22 pipeline and utility corridor joint treatment works project 1-9
23 and related public uses;and all interests of said defendants in
24 and to said real property shall be terminated.
25
26 2.The uses and purposes~for which said interests in said
27 real property are condemned are public uses authorized by law and
28
EXH.i~T A
i the taking thereof in the estates described hereinabove is
2 necessary for such uses.
3
4 3.The payment of said sums of money as specified
5 hereinabove shall be in full payment for the interests in the
6 real property,together with any and all improvements thereon
7 pertaining to the realty,interest,litigation expenses,costs,
8 precondemnation damages,loss of business goodwill,right to take
9 objections and for all damages of every kind and nature which may
10 have been suffered by defendants by reason of the taking of said
ii.interests in real property.
12
13 4.The payment of said sums of money specified
14 hereinabove shall terminate,cancel and extinguish all liens,
15 leaseholds and encumbrances of whatever kind and nature held by
16 defendants on the real property described in plaintiffs’
17 complaint.
18
19 5.All taxes and tax liens,the lien of the County of
20 Orange for general and special taxes,penalties and costs shall
21 be terminated,cancelled and extinguished as of July 2,1991,the
22 effective date of possession as specified herein.
23
24 6.The Clerk of the Court shall pay plaintiffs its court
25 deposit of $338,600 together with accrued interest thereon from
26 the date of deposit (March 26,1991)until date of payment.The
27 payment check shall be transmitted to County Sanitation Districts
28 of Orange County,do Thomas M.Dawes,Director of Engineering,
tXFH~IT A
1 10844 Ellis Avenue,P.0.Box 8127,Fountain Valley,California
2 92728—8127.
3 Dated:
_________________
4
__________________
Judge of the Superior Court
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
x~9~!IT A
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Board Secretary of the Boards of Directors of
CountySanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange
County,California,do hereby certify that the foregoing Resolution No.92—26
was passed and adopted at a regular meeting of said Boards on the 11th day of
March,1992,by the following vote,to wit:
AYES:Fred Barrera,Buck Catlin,John Collins,John C.Cox,Jr.,
Norman E.Culver,Barry Denes,Burnie Dunlap,Richard B.Edgar,
James V.Evans,James H.Flora,DOn R.Griffin,Dan Griset,
John M.Gullixson,Evelyn Hart,Frank Laszlo,Don MacAllister,
William D.Mahoney,Robert H.Main,Eva G.Miner,Carrey J.
Nelson,Glenn Parker,Richard Partin,Ruthelyn Plumer,
Charles E.Puckett,Miguel Pulido,Robert Richardson,Don R.
Roth,Phil Sansone,Sal A.Sapien,Roger R.Stanton,Peer A.
Swan,Charles E.Sylvia,James A.Wahner,Henry W.Wedaa,
Grace H.Winchell
NOES:None
ABSENT:William D.Ehrle,Arthur G.Newton,Irv Pickler,
Sally Anne Sheridan,Jim Silva
IN WITNESS WHEREOF,I have hereunto se.t my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nós.2,3,5,6,7,11,13 and 14 of Orange County,.California,this 11th day
of March,1992.
c~cz~
Brow~oar~Secretar~
Boards of Directors,County
Sanitation Districts Nos.1,2,3,5,
6,7,11,13 and 14 of Orange County,
California