GLENN & WRIGHT 1434 Fifth'Avenue San Diego, California 92101 239-3571
4 Attorneys for Defendant, Palomar Mutual Water Company
6 7
a SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO
10 PETER MICHAEL STRUB, NO. 1 62 6 5 0 et al, 11. Plaintiffs, ORDER PRESCRIBING NOTICE TO BE 12 vs. GIVEN OF THE Fiurp AND HEARING UPON THE APPLICATION OFDEFENDANT 13 PALOMAR MUTUAL WATER PALOMAR MUTUAL WATER COMPANY COMPANY, et al, FOR AN ORDER MODIFYING JUDGMENT 19: Defendants. 16
16 Upon reading and filing the application of defendant, PALOMAR
17 MUTUAL WATER COMPANY, for an order modifying the judgment of 18 November 10, 1953, herein, the Declaration of Leroy A. Wright, attorney for
9 defendant, PALOMAR MUTUAL WATER COMPANY and good cause appearing, 20 IT IS ORDERED that notice of the filing and the hearing upon the
21 application of PALOMAR MUTUAL WATER COMPANY, above referred to, be
22 given to Pauma Municipal Water District as agent for certain of the original 2 plaintiffs herein, Messrs. Clayson, Stark, Rothrock & Mann, attorneys for
24. Patna Municipal Water District and to the persons, firms and corporations
25 listed in the Exhibit A attached hereto who appear , to be the many plaintiffs 26 or the present owners of lands formerly belonging to the original plaintiffs.
27 IT IS, FURTHER, ORDERED, that such notice be given by depositing 28 a copy of the application of defendant, PALOMAR MUTUAL WATER COMPANY,
29 together with the notice in the United States mail at least fifteen days before
30 the date fixed for hearing upon said application.
31 DATED: August 6, OM
32 VERNE 0, WARNER Judge of the Superior Court
Exhibit C, Page 46
under the agreement referred to in Paragraph I above (Paragraph VDa, Page
2 5, lines 22-30): 3 "That Defendant, PALOMAR MUTUAL WATER COW:l'ANY,
4 by virtue of the foregoing, has water rights or the right to • ' develop, produce, divert and control the water rights and water
owned by the respective owners of said Rincon Ranch and to
7 distribute and deliver said waters to said landowners for all
8 beneficial and useful purposes on their respective lands,
9 subject to the limitations imposed by law and by those herein-
10 after set forth which are imposed for the purpose of limiting 11 defendants' use of said waters as against the Plaintiffs in 12 this action, which limitations shall inure solely to the benefit
13 of Plaintiffs 'and their respective heirs, successors and
14 assigns."
15 III
16 'Paragraph IX of said judgment (Page 15, line 32, .et seq.) provided 17 generally that all waters which the Company might develop or derive from
18 sources upon or underlying Rincon Ranch or from sources lying upstream 19 on the San Luis Rey River from the County Highway generally known as Cole
20 Grade Road "shall be used by defendants (Company) or persona claiming under
21 or through them on (no more than nine hundred (900) acres of said
22 Rincon Ranch". Further by said Paragraph, Company was directed to amend 23 It s By-laws so as to provide that its outstanding shares should be made
24 appurtenant to particular tracts or parcels of land within said Rincon Ranch 2 "the area of which shall not exceed, in the aggregate, nine hundred (900) 26 acres". Company was further enjoined not to issue any additional shares of
27 Its stock or change its stock structure or By-laws in any manner which would
28 authorize the use of water derived from the sources referred to on more than
29 900 acres of said R incon Ranch or the use thereof on any lands other than
30 Rincon Ranch unless such changes should have firat been approved by order o
31 this Court made on notice to plaintiffs or the owners of record of plaintiffs' 32 lands, said Paragraph rx further provided (Page 17, lines 18-30):
Exhibit C, Page 47 a. said Rincon Ranch for usethereori. All water obtained, by said Defendants from said sources shall be taken only in
3 conformity with the previsions of this judgment." (Page 19,
4 line 27, et seq.)
5
6 By Paragraph XIV of said judgment of November 10, 1953, the Court
7 reserved and retained jurisdiction to enforce or modify said judgment upon
the filing of a petition and an order of the Court to fix and prescribe the
9 notice to be given, the manner of service and the time of hearing thereon.
10 VI
11 Following the entry of the judgment of November 10, 1953, YUIN1A 12 MUNICIPAL WATER DISTRICT, a municipal water district formed under the
. 13 Municipal Water District Law of 1911 (here referred to as "Yuima") was
14 formed February 25, 1963. Its territory was then annexed to San Diego
15 County Water Authority and The Metropolitan Water District of Southern
16 California. Company, on February 28, 1961, filed herein,its application for
17 a modification of the judgment so as to permit it to issue additional shares of
18 stock for the purpose of enabling Company to deliver water which Company
19 might be able to obtain from Yuima from other than local sources. The
20 application of Company was granted by order of this Court dated June 4,
21 1964, and the allegations contained in Company's application and the terms of
22 the order of this Court modifying the judgment are referred to and incorporated
23 herein by such reference.
24 VII 211 By proceedings had in conformity with the Municipal Water District
26 Law of 1911, .Yuima, on November 13, 1967, formed a Special improvement 7 district known as IMPROVEMENT DISTRICT "A" OF YUI MUNICIPAL 8 WATER DISTRICT. (Such special Improvement District is herein referred to 29 as "ID "A" ". ), The territory included with ID "A" comprises the same
30 territory as is described in the agreement (referred to in Paragraph I of this 31 application) between Company and Rossmoyne Village, Inc., and constitutes the
32 service area of Company. The purpose for which ID "A" was formed is set
Exhibit C, Page 48
1 "Sk'ction 7. Future Water Service. 2 "a. Water Service and Rules and Regulations, Yuirna
3 agrees for the express benefit of the lands ,comprising its
4 Improvement District A to continue to render water service to
5 all properties within said Improvement District and to perform
6 fully the obligations of Palomar under the agreement of
7 'February 11, 1948, between Rosernoyne Village, Inc. and 8 palomar, in conformity with the provisions of the judgment in
9 Strub v, Palomar Mutual Water Company as the same may be
10 modified at date of closing or thereafter. Yuima, for Improve-
ment District A, shall adopt such reasonable rules and 12 regulations in connection with the operation of Palcrmar's
13 system within Improvement District A as shall be necessary
14 or desirable to carry out its duties and obligations under the 15 agreement with Rossmoyne Village, Inc. and the judgment
16 above referred to." 17 "Section 8. Dedication of Assets and Properties Acquired 18 +. from Palomar, 19 * * *
20 "b. Operating Properties. All operating properties 21 which Yuima acquires under this agreement from Palomar,
22 including, but not limited to the lands known as 'watershed lands',
23 • reserVoirs, well sites, pumping stations,, pipelines and
24 appurtenances, together with the water rights of Palomar 25 and those appurtenant to Palomar's Service Area and described
26 in the agreement with Rossmoyne Village, Inc. (Exhibit 1)
27 shall be used and devoted solely to the benefit of the territory 28 comprising Improvement District A. 29 * * *
30 "d. Scope of Dedication. The dedication of the 31 ',operating properties which Yuima acquires from Palomar under
32 this agreement or which it may conatnict out of the funds of
Exhibit C, Page 49
I, operation of Company's water system and its activities as agent for the
2 successors in interest of Rosarnoyne Village, Inc. would be required to make 3 3 such looal water as can be developed from the sources presently available to 4 Company under the judgment herein to all lands encompaaaed -within ID "A".
. • -, • 5 The limitation contained in said judgment restricting the use oi local water to
6 no more than 900 acres of Rincon Ranch is one which could not feasibly or
7 legally be observed by Yuinrui in its operation of said ID "A s.
X
9 Company alleges that under present circumstances the provisions of
10 the judgment of November 10, 1953 1 imposing said 900 acre limitation unduly restricts the rights of the successors in interest to Rossmoyne Village, Inc,
12 and serves no real or useful purpose in enforcing or carrying out the general
13 purpose and intent of said judgment. The rights of plaintiffs and their
14 successors in interest in and to the waters of San Luis Rey River can and will
15 be adequately protected by the basic limitation contained in said judgment 16 whereby Company, as agent a Rosamoyne Village, Inc., is enjoined from 17 withdrawing more than 1,.350 acre feet of local water in any one calendar year.
18 Provisions restricting the use of that water on no more than 900 acres merely
9 duplicate the basic limitation as to the total amount of local water than can be '20 developed and, since imported water is now available and is being used on
21 lands within Company's service area comprising a total of more than 900
.22 acres, render the said 900 acre limitation naeaninglese, contusing and 23 ineffective.
24 XI 25 Company is informed and believes and upon such information and
26 belief alleges that Yuirna, for the benefit of ID "A", intends to and will if said 27 judgment is modified as herein requested appear in this action and consent to
28 be bound by the terms of the judgment of November 10, 1953, as the same may 29 be modified.
30 XI I
3 'Company's shareholders at their meeting held March . 3, 1968„ author.
. 32 ized and approved the agreement with Yuinia referred to in Paragraph VIII and
Exhibit C, Page 50 1
1 benefit of its ID "A", 2 (b) modifying the judgment entered herein November 10, z 1953; hi the following respects: 4 (i) eliminate the limitations and restrictions 5 contained in Paragraph DC of said judgment and else- 6 where therein restricting the use of local waters which 7 may be developed under the agreement between Company 8 and Rossmoyne Village, Inc. to no more than 900 acres 9 of Rincon Ranch; 10 (ii) eliminating the provisions contained in said 11 judgment respecting the stock structure, articles or 12 by-laws of Company; and 13 WO dismissing this action as to Company and 19 substituting ID "A" of Yuiroa in place and instead of 15 Company and requiring yuima, for ID "A", to comply 16 with and conform to all provisions of said judgment 17 as it may be modified. 18 3. Make such other and further orders respecting the rights and 29 obligations of the parties or of Yuirna for ID "A" as may be proper or 20 necessary in order to carry out and effectuate the basic provisions of said 21 judgment and afford full protection to the rights and interests of the parties 22 and their successors in interest all of which may to the Court appear proper 23 or equitable in the premises, 24 GLENN & WRIGHT 25
26 By 27 DECLARATION 28 I, the undersigned, ,say: 29 I am an attorney at law, a partner in the firm of Glenn & Wright and 30 the attorney of record for PALOMAR MUTUAL WATER COMPANY, the 31. applicant herein and ana authorized to make, on behalf of said Company, the 32 foregoing application; that the matters set forth in the foregoing application are
-1 0-
Exhibit C, Page 51 GLENN & WRIGHT 1 Attorneys fox. Defendant, Palomar Mutual:Water Company SEPERIOR COLTRT OF TRE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO PETER MICHAEL STRUB, ) NO 162650 et al, ) ) Plaintiffs, ) ORDER PRESCRIBING NOTICE TO BE vs. ) GIVEN OF THE FILING AND HEARING ) UPON THE APPLICATION OF DEFENDANT PALOMAR MUTUAL WATER ) P.ALOMAR MUTUAL WATER COMPANY COMPANY, et al, ) FOR AN ORDER MODIFYING JUDGMENT ) Defendants, ) - Upon reading and filing the application of defendant, PALOMAR MUTUAL WATER COMPANY, for an order modifying the judgment of November 10, 19534 herein the Declaration. of Leroy A. Wright, attorney for defendant, P:AWMAR. MUTUAL WATER COMPANY and good cause appearing, IT IS ORDERED that ,notice Of the filing and the hearing upon the application :6f PALOMAR MUTUAL.WAtER COMPANY, above referred to, be gl;ven to Paunaa Municipal Water District is agent for certain of the original plaintiffs herein, MeSsrs. Clayson, Stark, Rothrock & Mann, attorneys for Pampa Municipal Water District and to the persons, firms and corporations listed in the Exhibit A attached hereto Who appear to be the many plaintiffs or the.-Pre.sent' owners of lands formerly belonging to the original plaintiffs. rr IS, FURTHER, :ORDERED, that such notice be given by depoSiting a copy of the application of defendant, PALOMAR MUTUAL WATER COMPANY, together with the notice in the United States mail at least fifteen days before the date fi*ed:fOr -pe:aring upon said apPlication. DATED;Ct-k-c, 4„ Judge of the 'Superior Court vERNE U. \VARNER Exhibit C, Page 52 0. EXHIBIT A STRUB, et al. vs. PALOMAR MUTUAL WATER COMPANY, et al.. NAMES AND ADDRESSES OF PRESENT OWNERS OF LANDS FORMERLY BELONGING TO ORIGINAL PLAINTIFFS 4 1. KENNETH E. WANT and EVELYN NI, WYANT Route 4, Box 83 Vista, California 92083 • 7 2. COUNTRY HOMES 4333 East Live Oak Avenue 8 Arcadia, California 91006 3. UTAH CONSTRUCTION & MINING CO., a corporation P. 0.. Box 385 10 Pauma. Valley, California 92061 11 4. ELLS WORTH M. ST.ATLES P. 0. Box 1171 12j El Cajon, California 92020 . 13 5. WALKER BROWNLEE P. O. Box 87 . 14 . pauma Valley, California 92061 15' 6. PAUMA MUTUAL WATER CO, , P. 0, Box 423 16 • •Pauma Valley, Ca1ifonia 92061 17 7.. PAUMA VALLEY COMMUNITY SERVICES DISTRICT P. 0. Box 424 18 Pauma Valley, California 92061 19 8. MAS.ASHI KARIYA and KAYOKO T. KARIYA,_YON:L3 KARIYA and MARY N. KARIY.A 20 P. 0. Box 433 . Paunia Valley, California 92061 21 2211 9. UN.:TED CALIFORNIA BANK, LEONA H. IDE, and RUTH IDE HARBOUR, ,as Co-Trustees, of the Trust created 231 under the Will of CORSON W. IDE 1 600 South Spring Street .24 Los Angeles, California 90054 251 10. TITLE INSURANCE AND TRUST COMPANY, Trustee under ,1 Declaration of Trust PP-466'98. . 2611 P. 0. Box 1150 San Diego, California 92112 2711 Attention: W. Y. Loch, Trust Department .28 it 11. THE PLANTERS CaINC. P.. 0, Box 308 29 Pauma. Valley, California 92061 30 h 12 RANCHO PAUMA MUTUAL WATER COMPANY P. 0. Box 423 11 Paurna ValleY, California 92061 32 ' 11 ,•EXHIBI,T Exhibit C, Page 53 ii Exhibit A - Names and Addresses of Present Owners of Lands Formerly Belonging to Original 21aintiffs 13. WILLIAM FRANKLIN GRAHAM and RUTH GRAHAM 'c/o Dr. L. Nelson Bell 4 Montreat, North Carolina 28757 5 14. BEN WEINGART, Trustee under the Will of STELLA WEINGART P. 0. Box 90395 Los Angeles, California 90009 7 15. RA-;!. -24",, TISSUE P. 0. Box 90395 Los Angeles, California 90009 9 16, THE DEUTSCH- COMPANY, a partnership P. 0.. Box 503i5 Los Angeles, California 00009 ' 11 17. FRANKLIN W. ROBINSON 27627 Silver Spur Road 12 Rolling Hills, California 90274 13 18. THEODORE C. ROBINSON and BARBARA H. ROBINSON 27627 Silver Spur Road 14 Rolling Hills, California 90274 15 19. • PAUMA VALLEY COUNTRY CLUB ESTATES HOME OWNERS ASSOCIATION NO. 1 16! P. 0. Box 485 Pauma. Valley, :California 92106 17 18 20, THOMAS N. WARNER and SUZANNE B. WARNER 1231 Fleetridge Drive 19 . San Diego, California 92106 20 21, HOWARD C. PYLE and LINDA K. PYLE P. 0. Box 550 21 Los Angeles, California 90017 22 22, LOUIS H. HTJNTE and EMILY F. HUNTE 1205 Muirlands Drive 23 La Jolla, California 92037 24 23, W. BREWSTER DAVISON and EDNA C. DAVISON 1000 Mason Street, Apartment 403 25 San Francisco, California 94003 26 I 24: MARY B. FERREY .•_,55 Tourmaline, Apartment 34 g7 San Diego, California 92109 • 281 25, JOSEPH R. SHIRLEY and MERCEDES M. SHIRLEY 11819 West Olympic Boulevard 29 Los Angeles, California 30 26; ROBERT WANAMAKER 610 Citizens Bank Building 31 Pasadena, California 91101 32 Exhibit C, Page 54 1 Exhibit A - Names and Addresses of Present Owners of Lands Forrnerly Belonging to Original Plaintiffs 27. 1AY1'.10ND C. FORSNAS and OLIVE W. FORSNAS 3 1556 Royal Boulevard Glendale, California 4 28, ROLLIN P. ECKIS and CAROLINE C. ECKIS 5 555 South , Flower Street Los Angeles, California 90017 6, 29, JACK B. BEARDWOOD and GUNHILD F. BEARDWOOD 4734 J. Stanford Avenue Marina del Rey, California 8, 30.. EDWARD Mc L. TITTMANN and MARY TIT7MANN. 9 45 Sutton ?lace, South New York, New York 10 . . . 31. DOROTHY V. HILL 11 i c/o Kenneth E. Hill Chase Manhattan Plaza 12 1 New York, New York 10005 32, THOMAS E. FELLOWS and PEGGY S. FELLO VS - 1737 Earlmonte Ave= :3 14 La Canada, Califora'...L 15 33, SECURITY FIRST NATIONAL BANK P. 0. Box 2097, Terminal Annex Los Angeles, California 90054' 34. MAXWELL E. COREY and ALICE L. COREY P. 0. Box 141 Pauma Valley, California 92031 19 1 35. PHILO K. HOLLAND P. 0. Box 216 20 Pauma Valley, California 92061 .21 36, KENNETH J. LANGLEY P. 0. Box 414 221 • Paunaa Valley, California 02061 23 37. WILLIAM R. SIDEN.FADEN and MAXINE BETTY SIDENFADEN 2021 North Towne Avenue 24 Pomona, California 25 33. COUNTRY HOMES INC. 4333 East Live Oak Avenue 26 AL.-c., adia, California 01006 27 FAIR FIELD HOMES INC, 4333 East Live Oak Avenue ,28 Arcadia, California 91006 I 291 40, WILLIAM M. HODGE and EDNA L. HODGE . • P. 0. Box 767 Pau-ma Valley,. California 92081 41. RALPH N. ROBERTS and IULMA ROBERTS P. 0. Box 146 - Pauma Valley, California 92081 A 3 Exhibit C, Page 55 1 - Exhibit A - Names and Addresses of l?resent Owners of Lands Formerly Belonging to Original Plaintiffs 3 42, MAR LESTA INC. P. 0, Box 424 Pauma Valley, :California 92061 43, PATRICIA C_ALHOON 3109 Palm Crest Terrace k? 1 Vista, California 92083 7! 44. LLNDBURG ENTERPRISES 2330 1V1::.7-71ziet Street 8 St. Lo- Missouri 63103 9 45. ;REGINA LD WATSON RAC,LAN'D P. O.- Box 467 10' paurna Valley, California 92051 46. SECURITY FIRST NATIONAL BANK 425 South Main Street Los Angeles, California 90054 Attention: Wallace Gordon 13 14 it 47. JIMMY HINES and IRENE C. HINES 242 East Third Avenue 15 1 Escondido, California 92025 16 I 48. ROLLIN P. ECKIS and CAROLINE C. ECKIS cio Nor..-..an F. Simmonels 17 555 South Flower Street Los Angeles, California 90017 18 11 19 49, NORMAN F. SIMMONDS and JEANETTE C. SIM1VIONDS 555 South Flower Street 2011 Los Angeles, California 90017 21! 50. CHARLES L. HAYNES and ELIZABETH 1-TJLIYINIES 4027 Dover Way 2211 Pasadena ., C alifornia. 23 51, 'ELLIOTT E. BRAINARD and L 3-S S. BRAINARD I 900 Sierra Madre Boulevard 24 San Marino, California 91103 251! 52, JOHN D. FRENCH and DOROTHY K. FRENCH !! 10800 Chalon Road 2511 Los Angeles, California 90024 i; 27 53. JOHN LEEPER an.d ANNE F. LEEPER 3825 Via Palomino 28 Palos Verdes Estates, California 90274 t 29 ,1 54. THOMAS D. DEE fl, Trustee for Lawrence T. Dee Trust if 2764 Foothill Drive 30 !I Ogden, Utah -;; 31 it 55,. S. BARTLEY CANNELL, JR. and IVLARJORIE CANNELL 3000 Wilshire Boulevard 52 Los Angeles, California 90005 I 1; EXHIBIT A Exhibit C, Page 56 1 1 Exhibit 'A - Names and Addresses of Present Owner I of Lands Formerly Belonging to Original Plaintiffs 3 56. ROBERT STIMPF 417 South Hill Street Los Angeles, California 90013 57. PAUIVLA VALLEY COUNTRY CLUB ESTATES HOME OWNERS ASSOCIATION No. 2-A P. 0. Box 385 Paur,7'. Valley„ California 92061 53.. ERNEST CLARK„ JR. and X-ELLIE E. CLARK 300 South Spring Street Los Angeles:, California 90014 59. F7iGAR H. REEVE and GENEVIEVE P. REEVE -200 Cielo Place Arcadia; California 01006 12 1 60. ARTHUR D. MacDON2-_ LD and KATHRYN A. MacDONAT ,T) • 1102 Fairview Avenus J Arcadia, California 91007 ;14; Si.. DAVID M. HARNEY and EVELY:\.; T. HARNEY 650 South Grand Avenue 151 Los Angeles„ California 161 52, JOHN W. and MARGUERITE CAMPHOUSE 650 So: 17 ..th- Grand Avenue Los Angeles, California 11 18 68, FRED M. MANNING, „JR. and KATHERINE J. MANNING 102 Kies. Court 191 r Pauraa Valley, California 82051 20 II 64, CAMPBELL DEVE.LORMENT INC. 2111 1315 North Manchester Traffieway Kansas City, Mis S curd 64141 65, .VAL .A. BROWNING- and ANN C. BROWNING 1515 Beverly Drive Ogden., Utah 84403 1 66, RICHARD A. MeMAPIAN and JOANNE S. McM.AHAN , P. O. Bor. 1011 251 Ramona, California 26 I 67, PAUMA VALLEY COUNTRY CLUE ESTATES HOME 27 OWNERS ASSOCIATION NO. 2-B 1 P. 0, Box 385 Pau,rna- .28 Valley„ California 92061 291 • 68., NORMAN G. LARSON and ANN A. LARSON 7240 Hayvenhurst Avenue 30 Van Nuys, CE.lifornia 91406 31 ; 69, STAN-LES H. HOED and L,OIS A, HOED 10453 Wilshi,re Boulevard 32 Los AngeI....,„ California 90024 EXHIBIT A -5- Exhibit C, Page 57 °quell ;1 11 111 Exhibit A - Names and Addressee of Present Owners of Lands Formerly ,Be1oa7ing to Original Plaintiffs 70. IDA DAVIS KING 1860 Carla Ridge Beverly Hills, California 90210 5 71. . LEONARD 111,, BERGHA USER 01 Kings Road Newport Beach, California 92660 72, STAN.TON G. HALE and.DORIS N. HALE 523 West Sixth Street 3 Los An -eles, California 911 73. ADOLF K. THIEL and FRANCES N. THIEL 841 Rivers. Place 10 _los Verdes Estates, Ca1iforni2. 1111 ERNEST W. HAHN and JEAN E. HAHN 28 Saddleback Road Rolling Hil1S California 90274 21 0 2211 2311 24.11 2511 25 ! I 31 3211 E XHIBIT • - 6- Exhibit C, Page 58 Superimr Cougt a die 6iclke .of Cal° FOR 7.11-11E COUNTY OF SAN DIEGO DATE...WURADATI_AP2TEMBER1S, 1968 MTNUTES:DEPT::_ ...... PRESENT: HON, RICHARD B. AULT JUDGE REPORTER X. BAILIFF_. BARRIE. 162650 PETER MICHAEL STRUB vs. PALOMAR MUTUAL WATER- CO. This being the time previously set for hearing Defendant's Motion for Modification of Judgment and for approval of agreement for transfer of water rights and water system, comes now LEROY A. WRIGHT of the firm of GLENN & WRIGHT, attorneys for defendant Palomar Mutual Water Company. BY THE COURT: The Minute Order of August 29 1968 is altended to sh that no one, appeared in response to the notice-, and that at the equest of Donald D. Stark, attorney from Corona, California, this matter be continued to September 18, 1968. Defendant's Exhibit #1, Map, and Exhibit #2, Agreemeht.for acquisi- tiOn of Water System, are received in evidence. BY THE COURT: Defendantls-motion is granted; order modifying judgment and approving agreement for transfer of water rights and water syste is signed and filed. All exhibits offered and received during hearing are returned to Mr. Wright upon oral motion and order of court; receipt signed and filed. -row- MICR dL MINUTES DEPT. 1 __DATE_9-18-68 F01111 15 CO. CDC, 4-67 1011 Exhibit C, Page 59 GLENN & WRIGHT 1434 Fifth Avenue San Diego, California 92101 284-3571 Attorneys for Defendant, Palomar Mutual Water Company SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR, THE COUNTY OF SAN DIEGO ) NO. 1 6 2 6 5 0 ) ) ORDER MODIFYING JUDGMENT AND Plaintiffs, ) APPROVING AG MENT FOR 12 ) TRANSFER OF WATER RICrIrrS AND ) -WATER, SYSTEM' 13 PALOMAR MUTUAL WATER ) COMPANY, et al., ) 14 ) ) 15 ) 16 Defendant, PALOMAR MUTUAL WAThRCOLANY, having filed 17 herein its application fQx, further modification of the judgment entered herein 18 November 10, 1953, as modified by order of this Court dated June 4, 1964, so, 19 as to eliminate from the prohibitions of said udgneent as so modified the 20 prohibitions contained therein as to the use of certain waters on no more than 21 900 acres of the property known as Rincon Ranch and so as to approve the 22 transfer by said defendant of its water rights and other properties to Yuirna 23 Municipal Water District, a municipal water district, formed under the Munici 24 Water District Law of 1911 and said application coming on regularly to be hear 2 5 before the above-entitled Court, Honorable Richard B. Ault presiding, and gs defendant, PALOMAR MUTUAL WATER COMPANY, appearing by its attorney 2? Messrs. Glenn & Wright, and no one appearing on behalf of the original pIainti 28 in the above-entitled action or their successors in interest and oral and 29 documentary evidence having been introduced, the Court makes the following 30 findings of fact: 31 Notice of the filing of the application by defenr ,PALOMAR- MU% $2 WATER COMPANY, and of the hearing thereon has been given to the original' Exhibit C, Page 60 1. plaintiffs, their agents and representatives and the successors in interest of 2 said original plaintiffs in accordance With the order of thiae -durt'dated' Au t 3 6, 1968, prescribing the notice to be given. 4 The agreement entered into between PALOMAB 1 TIJALWATER, 5 COMPANY and Yuima Municipal Water District dated,Aptil15,. 1968,. is fair 6 and reasonable and affords adequate protection for and recognitiOn'scii , the,rights '7 of plaintiffs and their successors in interest in and to the waters ,of the San Luis 8 Rey River and the underground basin which underlieS the lands 4,the original 9 plaintiffs. Such rights will not be prejudiced Or advereely affected by the 10 transactions that are contemplated in said reement or the operation of the 11 properties of PALOfvf.AR MUTUAL WATER COMPANY by Yuima Municipal 12 ' Water District for the -benefit of its itaPTdVent.ent District A. 13 The lands comprising Improvement District A Of tuirna Municipal 14 water District are substantially the same lands.. that are described in Paragraph. 15 VDI of the judgment dated November 10, 1853, and in the agreement dated 16 February 11, 1948, between Rossmoyne Village, Inc. and PALO R 1VIUTUAL 17 WATER. COMPANY therein referred to. 18 The use of any and all water which might be derived from sources upo n 19 or underlying said Rineon Ranch or from sources lyingupstream on the San 20 Luis Rey River from the County Higlaway.genera known as Cole Grade Road, 21 upon any and all properties lying withitt ,IMProyenient District A of Yuinaa 22 , Municipal Water District should be permitted and any contrary. restrictions 23 (other than quantitati,ve) imposed by the judgment herein ef NOvenaber 10, 1953, 24 or the modification thereof dated June - 4, 1964, should be eliminated. 251 IT IS, THEREFORE, ORDERED, ADJUDGED A(L) DECREED as g61 follows: 271 1. Defendant, PALOMAR MUTUAL WATER COMPANY, is authorized 281 and empowered to carry out 011 transactions as . et forth and as are contemplated 29 in its agreement dated April 15, 1968, with yuiraa MunkiPal, Water District and • 301 to assign and traxiSfer to Yaima Municipal Water District its, lands, water syste 31 and water rights, together with its rights, functions.anci duties under the agree- 32 ment dated February 11' 1948, between"said PALOMAR morum, WATER Exhibit C, Page 61 1 COMPANY and Rossnaoyne Village, Inc, 2. All conveyances, assignments and transfera Which defendant' 3 PALO R MUTUAL WATER co ANY, may make in carrying Out the purpose - 4 and intent of said agreement with Yuiros, Municipal Water District shall ; be made 5 subject to the terms and provisions of the judginent-enteredherein November 10, 1953, as modified by the order dated June 4,. 1964, and VAS Order.. 7 3. From and after the consummation of:the tratisaetiona.centemplat 81 by the agreement of April 15, 1968, above referred to', any oi'the waters 91 derived from sources upon or underlying the territory known asRincon Ranch 10 1 and comprising the area of Improvement District A Of Yuirria. Municipal Water 111 District or from sourceslying'.upstreninonthe''.8an:Lnis:ReyRiver from the 121 County Highway, generally known as'dole " .e •Itoad,, .Ma"; he used onany and „I 131 all portions of the lands Included within Saidlniproveinent'District A of Yeinia- 14 Municipal Water District. 15 4. Any and all limitations contained in said judgment of November 10, 16 1953, or the order of this Court dated June 4, 1964, purporting to restrict the 17 use of water derived from sources identified in the preceding paragraph upon no more than 900 acres of said Rineon Ranch are eliminated and stricken from said 19 judgment and order of modification and shall beOf.no further force and affect. 20 6. The provisions of this order of rahdificatien respecting the use of 21 waters from the sources identified above shall be effective when yuirna 22 Municipal Water District shall have appeared herein, subjected itself to the 23 jurisdiction of this Court and shall have filed herein an undertaking and ree- 24 ment to be bound by the terms and conditions of the judgment of November 10, 25 1953, as said judgment has been modified in accordance with the order of June 26 4, 1964, and this order. 27 6, When Yuima Municipal Water District Shall have 'appeared„ herein 281 for the purposes and in accordance with the - preceding paragraph, the defendant, 29. 1 PALOMAR MUTUAL WATER CO ,i•ANY, shall, on application to this Court 30 without further notice to any party, be entitled to be dismissed from this action 311 and there upon be relieved of any and all burdens or obligations of said judgmen 324 DATED: September 18, 1968. e Of the Supe - or Coo.r RICHAttl Exhibit C, Page 62 FILED two 252111 1 GLENN & WRIGHT R. L it4ES, CLERK 2 1434 Fifth Avenue 8Y San Diego, California 92101 EP1117 3 234-3571 4 Attorneys for Defendants, Palomar Mutual Water Company and Yuima 6 Municipal Water District 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 PETER MICHAEL STRUB, NO. 1 6 2 6 5 0 et al., 11 Plaintiffs, ORDER DISMLSSING DEFENDANT, 12 VS PALOMAR iviuTtrALWAtER COMPANY, AND SUBSTITUTING YUIMA MUNICIPAL 13 PALOMAR MUTUAL WATER WATER DISTRICT AS A DEFENDANT COMPANY, et al„ 14 Defendants. 15 16 MUNICIPAL WATER DISTRICT, a public agency formed under 17 the Municipal Water District Law of 1'911, having Made its voluntary appear- 18 ance as a defendant herein and having consented to the jurisdiction of the Court 19 and having agreed to be bound by the terms and conditions of the judgment of 20 this Court dated November 10, 1953, as modified by the orders dated June 4, 21 1964 and September 18, 1968, and defendant, PALOIvrAR MUTUAL WATER 22 COMPANY, having filed herein its application for a dismissal and good cause 23 appearing, 24 IT IS ORDERED, ADJUDGED AND DECREED: 25 1. Defendant, PALOMAR MUTUAL WATER COMPANY, is dismissed 26 and absolved from any further liability or obligation under the terms of the 27 judgment entered herein NO/ember 10, 1953, as said judgment has been 23 modified. 9 2. YUIMA 1VIUNICIPAL: WATER DISTRICT ii substituted asa 30 defendant herein in place and instead of said PALOMAR MUTUAL WATER 1 COMPANY and is ordered and directed to comply with the terma and conditions 32 of the judgment of this Court dated November 10, 1953, as said judgment has Exhibit C, Page 63 been modified in accordance with the orders dated June 4, 1964 and 2 September 18, 1968, 3 DATED: m OV 20 1968 11 12 13 14 15 Exhibit C, Page 64 • f.; I 2 o 8 1968 R. B. JA ES, Clerk 9y rif,RiTY PyTeA, Yilk"civu 6, • • :2,•••• " • • ,••••7'., C•.&:-.:•'.•. ,,' SEP 18 1968 ...:•'••••• Exhibit C, Page 65 F7 tY 1 JOHN R. SCHELL ESQUIRE 1-pA 6 SCBELL Cis GLENN.WRIGHT JACOBS kY 2320 Fifth Suite 2 Avenue. 390 San Dieg CA .9210 3 239-1211 Attorneys for Defendant Yuima Municipal Water District. 5 Ism 8 7 STATE 8 SUPERIOR COURT OF THE OF..CALIFO FOR THE COUNTY OF SAN D78G0 PETER MICHAEL STRUB et No. 16.2650 10 al. 11 Plaintiffs I STIPULATION MODIFYING JUNG ERTHHEEREON-12vs.. ... PALOMAR MUTUALWATER 13 COMPANY QV @1. rrw 14 _ .yrp . Defendants. 15 16 THIS STIPULATION is made by and between the Plaintiffs throng. 17 their attorney DONALD D. STARK and Defendant through its attorney 1s GLENN WRIGHT JACOBS 6 SCHELL by JOHN R. SCHELLin view of the 19 following facts and representations of.Defendantr. 20 A. By a Judgment entered herein onNovember .1 1953 at Book 21 21 Page 118 of Judgments PALOMAR MUTUAL WATER COMPANY was placed 22 under certain restrictions in the exercise of water rights claimed 23 by it in the waters--of the San LuisRey River and the Rincon Basin That has Orders of 24 Judgment been modifjedE byssubsequent this Court i -f .2 dated June 4 1964. abd September 18 1968. By.Order herein dated 26 November 20 1968 defendant PAALOMAR t6UTgAI WATER COMPANY was di6-27missed and absolved from favtJler fiability..or othigat-ion under said 28 Judgment as modified and YUIMA.MUNI I AL S ASER.DISTRICT was sub- I Exhibit D, Page 66 1 stituted in the plane and stead of PALOMA$MUTUAL.WATER COMPANY 2 with the duty to comply with the terms and conditions of said 3 Judgment as modified.. 4 B Said Judgment of...November 10 1953 bye.-Paragraph XI joined defendants as follows. en-56 Defendants and each of them their employees 7 agents and persons. claiming under or through them 8 are forbidden to and enjoined from withdrawing.more g than one thousand threehundred fifty .135 10 feet of water in any one calendar year fromthat% inPlaintiffs-Com-1211 portion of the area. designated plaint as the Rincon Basin lying outside the boun-13daries of saidRincon Ranch and upstream on the San 14 Luis ReyRiverfrom the Cole Grade Roadexclusive 15 of and in addition to any water which may.be.deve-18loped and under said Rincon Ranch. for upon use there. 17 on. All. water obtained by said Defendants from said. 18 sources shall be taken only inconformity with the 19 provisions. o this judgment. Page 19 line 27 et 20 seq. 21 C. Said Judgment by Paragraph Xalso provided.-.22Following completion of the three. 3 addition-23al.wellson the Rincon.Rahphor the development of 24 said seven hundred fifty 750 gallons. per minute of 25 additional supply and-upon compliaijce lidththe_pro-. 26 visions of Paragraph IIX of this Decree and whenDef-27endant PALOMAR MUTUAL WATER shall have filed COMPANY-t .2 the Certiicatehereinaftee mentioned. Defendants may 2 Exhibit D, Page 67 not to exceed four wells 1 develop .4additiona within of the kinodn Basin 2 that portion -lying. from Cole Grade Road and the 3 upstream outside boundaries Ranch none be 4 of.Rincon of.which shall located within hundred feet 5 seven 700 from.any 6 existingwell nowlocated uponany lands ofPlan-7tiffs Provided however. that in. so doing. deen-Bdants shall not equip or pump more than three 3 that.. 9 wells at anyone time. and Provided further said wells of shall 10 defendants besodrilled .o 11 located and operated that their con depres-12sion shall not materially affect any wells now 13 locatedon any lands of Plaintiffs. .Page.1 14 line 28.et seq. Defendant 35 D Since the entryof said Judgment and its jr predecessor have annually filed certificates of.compliance as 17 required by said Judgment. Said certificates show.ad-Defendant 18 hereby further represents that since.1966. Defendant has has 19 imported more water fotuse on- the Rincon Ranch than rit. with Basin outside the boundaries of - the 20 drawn from theRincon lying 21 Rincon Ranch and upstreamont21e San touIsRey RisErfrom the Cole 2 Grade Road and b during the calendar years 1973 through 1978 it .2 bas only been able to annually wi4hdra$ beLeep 53% and 90% of its 24 entitled to 1350 acre. feet from said basin. 25 E. Defendant representsrthat the capacities of the most pro 26 ductive of the three wells which .Defendan is permittedtooperate insufficient Zq. pursuant to Paragraph.X of said .ludgment.ar to enable Rg Defendant to utilize its alfoted1350 acre feet during its peak 3 Exhibit D, Page 68 I service demand periods thereby requiring Defendantand its. customers 2 to purchase far more expensive imported water from the.-San Diego 3 County Water Authority and in addition is preventing Defendant from 4 serving additional lands within its boundaries. Said Judgment does 5 not prohibit Defendant from enlarging the capacities-of any of the 6 three wells it is permitted to operate. 7 F. Defendant represents that it would be far less expensive 8 and more efficient to withdraw its annually allowed 1350 acre feet 9 through five wells at any one time than it would be to enlarge three 10 wells to enable Defendant to obtain the. same rate of production. 11 Defendant further represents that withdrawal through five wells will 12 not materially affect any wells located on any lands of Plaintiffs 13 and that Defendant will not withdraw more than the allowed 1350 14 acre feet annually. 16 G. Plaintiffs in reliance upon the foregoing representations 16 of Defendant hereby stipulate with Defendant that said Judgment of 17 November 10 1953 be modified as follows 18 1. Notwithstanding the provisions of Paragraph X of .1 the Judgment of November 10 1953 entered herein from and after 20 the date hereof Defendant may develop two 2 additional wells 21 within that portion.pf the.Rinc6n Basin lying upstream from Cole 22 Grade Road outside the boundaries of Rincon Ranch provided how-23ever that at no time will Defendants equip or.pumpmore than five 24 5 wells thereon at any one time and provided further that said 25 wells of Defendants shall be so drilledlocated and operated that 26 their cones of depression shall not materially affect any wells now 27 located on any lands of Plaintiffs. 128 2. Except as modified by the previous paragraph and by prior Exhibit D, Page 69 1 orders made herein all of the terms and provisions of said 2 Judgment shall remain in full force and afect 3 DATED July 16 1979 dated 1979 4 GLNNy. W HT JA S ELL B/ J n R. Sc ell Donald DStark . 8 - A orneys for DefendantYuima Attorney for Plaintiffs Municipal Water Distric 7 8 ORDER MODIFYING JUDGMENT 9 .Upo reading the foregoing stipulation and representations5of. 10 Defendant and good cause-appearing therefore. IT IS. HEREBY ORDERED 11 ADJUDGED AND DECREED as follows 12 1. Notwithstanding..the.provisions ofParagraph Xofthe JUdg4 13 ment of November 101953entered herein Defendant -may develop two 14 2 additional wells within that portion of the Rincon Basin lying 16 upstream from Cole Grade Road outside the boundaries of Rincon Ranch 16 provided however that at no time will Defendants equip or pump 17 more than five 5 wellsthereon atlany one.time and provided 18 furtherthat said wells of Defendants shall be so drilled located 19 and. operated that their cones of 4pression shall not materially 20 affect.any. wells now located oh any lands of Plaintiffs. 21 2. Except asmodified .b the previous paragraph1and by prior .2 orders made herein all of the.teimsand.pxovisions f said 1 Judg-23ment shall remain in full force and effect 24 25 DATED NOV 51979 Ju ga.o.z Superior Court 2G 27 5 e k Exhibit D, Page 70 Speer Below for Um of Court auk Only iJu aiiiifa b SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO 162650 CASE NUMBER Plaintiff/Petitioner NOTICE OF ENTRY OF JUDGMENT OR SIGNING OF AN ORDER Section 6845C.CP. PETER MICHAEL STRUB etal Defendant/Respondent STIPULATION MODIFYING JUDGMENT AND ORDER THEREON PALOMAR MUTUAL WATER COMPANY Judgment has been entered in the above action as follows DATE Soon PAGE JUDGE 11-5-79 1251 227 WILLIAM A. YALE Q An order has been signed and filed in the above action -- t DATE JUDGE I CLERK DECLARATION OF MAILING first-class mail or a of this Notice to the On the date stated below. I caused to be mailed by airmail postage prepaid copy parties addressed. 8 1979 i NJ/rw1e /.---NOVEMBER------CJ CLERK JOHN R. SCHHELL ESQ. DONALD D. STARK 2320 Fifth Ave. Ste 300 206 201 San Diego CA 92101 2061 Business Ctr Dr. Irvine CA 92715 L J. L J FermllTCO. ak . Exhibit D, Page 71 Exhibit E, Page 72 F- • ,f1.411 .. GLENN & WRIGHT 1434 Fifth Avenue San Diego, California 92101 -- • 3 234-3571 4 .Attorrieys for Defendant, Palomar Mutual Water Company 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 PETER MICHAEL STRUB, ) NO . 1 6 2 6 5 0 et al, ii- .) DEtLAIIA17014...OF. wt0I-17: Plainti I s, .REpp$TigQ, ■11;rfick. TO BE GIVEN' QN 12 vs. ) APPLICATION LoMAR-MUTUAL ) WATER COMPANY FOR AN ORDER 13 PALOMAR MUTUAL WATER ) MODIFYINMTAIDGMEINM' COMPANY, et al, 14 Defendants. ) 15 16 1, the undersigned; Say: 17 I am an attorney at law, a partner in the firm 'of Glenn & Wright and 18 attorney of record for PAIX:MIAR MUTUAL WATER COMPANY; one of the 19 defendants in the above-entitled matter. By a stipulated jtidgineitt made and 29 entered in the above matter November 10, 1953,, the water rights Of 21 defendant, PALOMAR MUTUAL WATER compANy, in the Waters of the San 22 Luis Rey River were adjudicated -and the COUrt -retained jitrisdletion for the 23 purpose' of enforcing its judgment and also forthe.purpoae of changing and 24 modifying the provisions of that judgment in the light of changed circumstances. 25 By previous„orders of thiS CoUrt, Pauma-Municipal Water District, a 26 district formed under the Municipal Water District Law of 1911, was 27 designated as agent for certain of the original plaintiffs. Messrs. Clayson, 28 ' Stark, Rothrock 8z. Mann have been sUbstituted in this action as counsel for 20' those plaintiffs for whom said Pauma Municipal Water District acts as agent. 30 The judgment of November 10, 1953, has, inured to the benefit of the 31 , several plaintiffs whose lends are more fully:AO:scribed in Paragraphs III, 32 iv, v and VI. Because of the many changes in ownership 'of saidJands which , Exhibit F, Page 73 Mr' "MI d ,° • • have occurred since the entry of the judgment above referredt to, service of notice of the hearing upon the application of defendant, PALOMAR MUTUAL z WATER COMPANY, upon ClaYsek: Stark, Rothrocic 8.E Mann would be 4 insufficient and would place an undue burden on said attorneys for plaintiffs In informing all persons who are successors in interest of the scope and 6 tenor of defendant's application. Declarant requests that this Court, pursuant 7 to the power reserved by it in its judgineht of November 10, 4953, :.make its order directing that notice Of the filing of the application of defendant,. 9 PALOIVIAR MUTUAL WATER COMPANY,, b giVentn.plaintiffs and their 10 Successors in interest who appear to be the present owners of retord of ii plaintiffs lands and that such notice be given to them by United states mail, 12 postage prepaid, addressed WI them at their addresses, shown on the last 13 equalized assessment roll Of the County Of San,Diego. '.§ach mailing to be 14 made at least fifteen days prior to the date fixed for hearing. , 15 Attached as Exhibit A to this Declaration are the nathes and addresses 16 of the present owners of the lands formerly belonging to the original plaintiffs in this action. The names and addresses were furnished Declarant by Title Insurance and Trust Company who made an exathinaticin of the . Official records of the County Recorder of San Diego County for the purpose of determining the identities of such present owners and also an examination of the last equalized assessment roll of the County of San Diego. Declarantis informed and believes and upon such information and belief states that the persons, firths , and corporations named. In the attached Exhibit A comprise the present owners of the lands formerly belonging to the original plaintiffs and described in the 25 judgment above referred to. 26 WHEREFORE, Declarant prays for an order of this Court fixing and 27 prescribing the notice to be given of the filing of the aPplication of defendant, 28 PALOMAR MUTUAL WATER COMPANY, and of the hearing thereon and the 29 manner of service of such notice upon the present owners of the lands 30 formerly belonging to the original plaintiffs. - 31 I declare under penalty of perjury that the foregoing is true and corre 32 Executed at San Diego, California,. nat"5, 1908. , Exhibit F, Page 74 1 EXRIBIT A STRUB, et al. vs. PALOMAR MUTuAt, WATER .COMPA , NAMES AND ADDRESSES OF PRESENT OWNERS OF LA! FORMERLY BELONGING TO ORIGINAL PLAINTIFFS 4 5 1. KENNETH E. WYANT and EVELyN M, •WONT Route 4, Box 83 6 Vista, CaLifOrnia 92083 7 2. COUNTRY HOMES 4333 East Live Oak Avenue a Arcadia, California 91006 9 3. UTAH CONSTRUCTION & MINING CO., a corporation P. 0. Box 385 10 Paunaa Valley,- California 92061 11 4, ELLSWORTH Ms. STATLES P. 0, Box 1171 12 El Cajon, California 92020 13 5. WALKER BROWNLEE P. O. Box 87 14 Pau= Valley, California 92061 15 PAUIVIA MUTUAL WATER CO.. P. O. Box 423 161 Pal-nna Valley, California 92061 17 7. PAU1VIA VALLRY COMMUNITY SERVICES DISTRICT P. 0. Box 424 18 Paurna Valley, California 92061 19 8. IVIASASHI KARIYA and KAYOKO T. KARIYA, YONEO KAMYA and MARY N. KARIYA . 20 P. 0.- Box 433 , Pauma Valley, California. 9206 • 21 • 22 8. UNITED CALIFORNIA BANK, -LEON:A-II. IDE, and RIITA IDE HARBOUR, as Co-Trustees, of the Trust created , 23 under the Will of CORSON Vi,, • IDE 600 South Spring Street 24 Lo S Angela's.; CalifOrhia 90054 25 10, TITLE INSURANCE AND TRUST COMPANY Trustee under Declaration of Trust PP-46698 26 P. O. Box 1150 San Diego, California 92112 2.7 Attention: LOdh, TrUst DePart ene ' 28 11. THE PLANTERS 60.1NC. P. 0. Box 308 29. Fauna Valley, California '92061, 12, RANCHO PAUMA'YOTUAL WATER COMPANY P. O. Bor 423 . 31 Pauina Valley, California 9 2061- . 32. E XHIBIT 'A Exhibit F, Page 75 tr' • 1 Exhibit A - Names and Addresses of Present 0%; riers. of Lands Formerly Belonging to Original Plaintiffs 2 3 13. WILLIAM FRANKLIN GRAHAM and RUTH GRAHA c/o Dr. L. Nelson Bell 4 Montreat, North Carolina 28757 5 14. BEN WEINGART, Trustee under the Will of sirELLA P. 9.. Box 90395 ' 6 Los Angeles, California 90009 7' 15. RAY F. TISSUE P. 0. Box 90395 8 Los Angeles, California. 90009 9 16. THE DEUTSCH COMPANY, a partnership P. 0. Box,90805, _ 10 Los Angeles, California 90009 11 17. FRANKLIN W. ROBINSON 27627 811yer Spur'ROad 12 Rolling Hills, California 90274: 13 18. THEODORE O. ROBINSON.and BARPARA 27627 Silver Spur Road , 14 Rolling Hills, California 90274 „ 15 19. PAUMA VALLEY COUNTRY CLUB ESTATES HOME OWNERS ASSOCIATION NO, 1 - 16 P. 0, ' Box 485 Patirna Valley, dalifOrnia 92106 17 18 20, THOMAS N. WARNER and SUZANNE IL WARNER 1231 Fleetridge Drive 19 San Diego, California 92106 20 21. HOWARD C. PYLE and LINDA K. PYLE' P.: 9.136x,550 , 21 Los Angeles, California 90917 22 22. LOUIS H. HUNTE and EMILY F. liUNTE 1205 M arlanda Drive 23 fl IA Jolla, California 92037 24 23. W. BREWSTER DAVISON and EDNA C. DAVISON 1000 Mason Street, .Apartment 403 25 San Francisco, California 94008 26 24. IVIARY B. FERRE'Y , 655 Tourmaline, Apartment 34 27 1- . San Diego, California 92109 28 1 25. JOSEPH a. SHIRLEY and MERCEDES.. 11819 West Olympic Boulevard 29 1 Los Angeles, calitbrnia - , 32 :1 26. ROBERT WAN MAKER 610 Citizens Bank Building 31 1 Pasadena, California 91101 Exhibit F, Page 76 1 Exhibit A - Names and Addresses of Present Owners - of Lands Formerly Belonging to Original Plaintiffs 27, RAYMOND C. FORSNAS and OLIVE W. FORSNAS 3 1556 Royal Boule-vard Glendale, California 4 28, ROLLIN P. ECKIS and CAROLINE C. •ECKIS' 5 555 South Flower Street Los Angeles, 'California 90017 6 29. JACK B. BEARDVirOOD and GUNHILD F. BEARDWOOD 7 4734 J, Stanford Avenue Marina del Rey, California 30, EDWARD Mc L. TITTMANN and MARY TITT1VIANN 9 45 Sutton Place, South New York, New York 10 31. DOROTHY V. HILL 11 cio Kenneth E. Hill 1 Chase Manhattan Plaza 12 New York, New York 10005 13 32. THOMAS E. FELLOWS and PEGGY S. EE IiLWS 173'7 Earlmonte Avenue 14 La Canada, California 15 38. SECURITY FIRST NATIONAL BANK P. 0. Box 2097, Terminal Annex 16 Los Angeles, California 90054 17 34. MAXWELL E. COREY and ALICE L. COREY P. 0, Box 141 18 Pauraa Valley, California 92061 19 35. PHILO K. HOLLAND P. O. Box 216' 20 Pauma Valley, California 9206i 21 36. KENNETH J. LANGLEY P. 0, Box 414 22 Paunia Valley, California 92061 23 37, WILLIAM R. SIDENFADEN and MAXINE BETTY SIDENFADEN 2021 North Towne Avenue 24 Pomona, California 25 33. COUNTRY HOMES INC. 4333 East Live Oak Avenue 26 Arcadia, California 91006 27 39. FAIR FIELD HOMES INC, 4333 East Live Oak Avenue 28 Arcadia, California. 91006 29 40, WILLIAM M. HODGE and EDNA L. HODGE P. O. Box 767 30 Fatima Valley, California 92061 31 41. RALPH M. ROBERTS and HILlvIA ROBERTS P. 0. Box 146 32 Pannia Valley, California, 92061 EXHIBIT A Exhibit F, Page 77 1 Exhibit A - Names and Addresses of Preaent OAraers of Lands Formerly Belonging to Original Plaintiffs 2 42. MARLESTA INC. P. 0. Box 424 41 1 Pauma Valley, California 92061 5 43. PATRICIA CALHOON I 3109 Palm Crest Terrace 5 Vista, California 92083 44. LINDBURG ENTERPRISES 2330 Market,Street. a St. Louis, MissOuri 63103 9 45. REGINALD WATSON RAGLAND P. 0, Box 467 10- Pauma Valley, California 92061 11 46. SECURITY FIRST NATIONAL BANK 425 South Main Street 12 Los AngeleS, California 90054 Attention; Wallace Gordon 13 14 47. JIMMY IIINES and IRENE C. HINE,S 242 East Third Avenue 15 Escondido, California 92025 16 48. ROLLIN P. ECKL5 and CAROLINE C. ECK1S c/o Norman F. Siinrxi °ads 17 555 South Flower Street Los Angeles, California 90017 18 19 49. NORMAN F. SIMMONDS'and JEANETT 555 South Flower Street 20 Los Angeles, Califernia 90017 21 50. CHARLES L. HAYNES and ELIZABETH B.AYNES 4027 Dover Way 22 pas ad ena, California 23 51. ELL1071'T E. BRAINARD and LOS S. BRAINARD 900 Sierra Madre Boulevard 24 San Marino, California 91108 25 52. JOHN D. FRENCH and DORCYTHY K. FRENCH 10800 Chalon Road 25 Los Angeles, California 90024 27 53. JOHN LEEPER and ANNE F. LEEPER 3825 Via Palomino 28 Palos Verdes Estates, California 90274 29 54. THOMAS D. DEE III, Trustee for Lawrence T. Dee Trust 2764 Foothill Drive 30 Ogden, Utah 31 55. S. BARTLEY CANNELL, JR. and MARJORIE CANNELL 3000 Wilshire Boulevard 32 Los Angeles, California 90006 EXHIBIT Exhibit F, Page 78 Exhibit A - Names and Addresses.of Present Owners of Lands Formerly Belonging to Original Plaintiffs 2 3 56. ROBERT SUMPF 417 South Hill Street • 4 Los Angeles, California 90013 5 57. PAUNIA VALLEY COUNTRY CLUB ESTATES HOME OWNERS ASSOCIATION No. 2-A 6 P. 0. Box 385 Pauma Valley, California 92061 7 a 58. ERNEST M. CLARK, JR. and NELLIE E. CLARK 600 South Spring Street 9 Los Angeles, California 90014 10 59. EDGAR IL REEVE and GENEVIEVE P. REEVE 2200 Cielo Place 11 Arcadia, California 91006 12 60. ARTHUR D. MacDONALD and KATHRYN A. IVIacDONA LD 1102 Fairview Avenue 13 Arcadia, California 91907 14 61. DAVID M. HARNEY and EVELYN T. HARNEY 650 South Grand Avenue 15 Los Angeles, California 16 62. JOHN W. CAMPHOUSE and MARGUERITE CAMPHOUSE 650 South Grand Avenue 17 Los Angeles, California 18 63. FRED Nr. MANNING, JR. and KATHERINE J. MANNING 102 Kica Court 19 Pauma Valley, California 92061 20 64. CAMPBELL DEVELOPMENT INC. 1315 North Manchester Trafficway Kansas City, Miasouri 64141 22 65. VAL A. BROWNING and ANN C. BROWNING 1515 Beverly Drive 23 Ogden, Utah 84403 24 66. RICHARD A. McMAHAN and JOANNE S. McMAHAN P. 0. Box 1011 25 Ramona, California P6 67. PAUMA VALLEY COUNTRY CLUB ESTATES HOME OWNERS ASSOCIATION NO. 2-B 27 P. 0. Box 385 ne Pauma Valley, California 92061 29 68. NORMAN G. LARSON and ANN A. 'LARSON 7240 Hay-venhurst Avenue 30 Van Nuys, California 91406 31 69. STANLES H. KORD and LOIS A. KORD 10433 Wilshire Boulevard 32 Los Angeles, California 90024 EXHIBIT A - 5 - Exhibit F, Page 79 1 Exhibit A - Names and Addresses -Of Preae, of Lands Formerly Belonging, to Original Plairitiffs 2 3 70, IDA DAVIS KING 1860 Carla Ridge Beverly Hills, California 90210 71. LEONARD E. BERGHAUSER 801 Kings Road Newport Beach, California 92660 72. STANTON G. HALE and DORIS N. HALE 523 West Sixth Street 8 1 Los Angeles, California 9,1 73. ADOLF K. THLEL and FRANCES N THIEL. 841 Rivera Place 10 Palos Verdes Estates, California 11 74. ERNEST W. HAHN and BANE. KAHN 28 Saddleback Road 12 Rolling Hills, California 90274 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 301 31 EXHIJ3IT A Exhibit F, Page 80 „ 0 0 0 1 GLENN & WRIGHT 2 1434 Fifth Avenue San Diego, California 92101 BY 3 234-3571 t EPUTY 4 Attorneys for Yuinia Municipal Water District 5 6 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 PETER MICHAEL STRUB, ) NO. 1 62 65 0 et al., ) 11 ) Plaintiffs, ) VOLUNTARY APPEARANCE OF YUIMA 12 vs . ) MUNICITAL WATER DISTRICT AS A ) DEFENDANT AND CONSENT TO 13 PALOMAR MUTUAL WATER ) JURISDICTION OF COURT COMPANY, et al„ ) 14 ) Defendants ) 15 ) 16 Conies now YUIMA MUNICIPAL WATER; DISTRICT, a public agency 17 formed under the Municipal Water District Law. of 1911 (California Water 18 Code Section 71000, et seq.) having its principal office on RincOn Ranch Road, 19 Pauma Valley, in the County of San Diego, State of California, and makes its 20 voluntary appearance as a defendant in the abOve-entitled action and consents 21 to the jurisdiction of the Court in said matter. In making this voluntary 22 appearance and consent, YUIMA MUNICIPAL WATER DISTRICT .represents: 23 (a) YUIMA MUNICIPAL WATER DISTRICT has acquired from 24 PALOMAR MUTUAL WATER COMPANY, one of the original defendants in the 25 above matter, the properties, water system and water righta formerly held 26 and operated by said PALOMAR MUTUAL WATER COMPANY tdgether with the 27 rights, functions and duties of said water company under the agreement dated 28 February 11, 1948, between said water company and Rossmoyne Village, Inc„ 20 all in accordance with and under the terms and conditions of an agreement 30 dated April 15, 1968, and entitled "Agreement for Acquisition of Water 31 *stem" between YUIIVIA MUNICIPAL WATER DISTRICT and said PALOMAR 32 MUTUAL WATER COMPANY Exhibit G, Page 81 3. (b) YUMA MUNICIPAL WATER DISTRICT has beenlurn 2 copies of and is familiar with the STIPULATED JUDGMENT: 'entered 3 above-entitled matter November in, 1953, the ORDER modifying said 4 made June 4, 1964 and the ORDER MODIFYING Said judgment and APPRO 5 AGREEMENT FOR TRANSFER OF WATER ANDWATERSySTEM.:' 6 dated September 18, 1968. 7 (c) All convey.,.nCes, assignments arid transfers which ha-ye been 8 made to YUIMA MUNICIPAL WATER.. DISTRICT1;ty p4to:WAR-muruAx:WATE. COMPANY have been made subject to .lhaterina aXid provisions . of the judgraent 10 herein of November 19, 1953, as modified by.'tliel*der'.d.p.ted.'ifuse 4, 1964 11 anctthe order ,dated September 18; 1968. 12 (d)... YUMA MUNICIPAL WATER:DISTRICT. bas. employed,.and 13 hereby designates Glenn 4 Wright, 1434 Fifth Avenue; San Diego, . California 92101, as its attorneys of record in this act•on:. 15 NOW, THEREFOM in view of the foregoing and for-the purpose of 16 complying With the provisions of Paragraph 5 of the order herein dated 17 September 18, 1968, YUIMA MUNICIPAL WATER Disnuct consents to and 18 agrees to be bound, as a defendant in the abci ,ie action, by the terms and conditions of the judgment of this Court dated November 10„ 1953, as said 20 judgment has been modified in accordance with the orders dated June 4, 21 1964 and September 18, 1968. 22 DATED: October 4, 1968. 23 YUIMA MUNICIPAL WATER'DISTRICT 24 25 BY .1 Horace 3. St ens, Jr. sident 26 27- GLENN & WRIGHT 28 29 By or e r yuim 39II Waistrict .31 32 - 2 - Exhibit G, Page 82 DECLARATION I, HORACE S. STEVENS, JR. , state:, 3 That I am President of YUIMA MUNICIPAL WATER DISTRICT and of 4 the Board of Directors of said District and I am authorized to make this declaration on its behalf. I have read the foregoing Voluntary Appearance of 6 Yuima Municipal Water District as a Defendant and Consent to TUrisdiction of 7 Court and an familiar with its contents. I certify that the matters set forth a therein are trUe and correct. 9 Executed on October 4, 1968, at Pauma Valley California 10 11 4-6 $11 ac -4J Steve J 12 13 14 15 16 17 18 3.9 20 21 22 23 24 25 26 27 28 29 30 31 32 Exhibit G, Page 83 1 1`!,ENT FOSTER CfVP 1.- LENN, WRIGHT, JACOBS & SCHELL 2 ttorneys at Law • fl11 APR 1 West Broadway, Suite 1300 All; 01 3 an Diego, California 92101-8214 KENNETH C.LERM -SLTEMORE. MAR TONt. !I 4 elephone No. (619) 239-1211 COATI: CA 5 ttorneys for Defendant uima Municipal Water District 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 11 ETER MICHAEL STRUB, et al., ) NO. 162650 12 Plaintiffs, ) CERTIFICATE OF COMPLIANCE BY ) YUIMA MUNICIPAL WATER DISTRICT, 13 ) AS SUCCESSOR IN INTEREST TO ) PALOMAR MUTUAL WATER COMPANY, 14 ALOMAR MUTUAL WATER COMPANY, ) FOR CALENDAR YEAR 1996 1., 15 Defendants. ) 16 17 By a Judgment entered herein on November 10, 1953, at Book 21 18 age 118 of Judgments, PALOMAR MUTUAL WATER COMPANY was placed 19 nder certain restrictions in the exercise of water rights claimed 20 y it in the waters of the San Luis Rey River and the Rincon 21 Basin. That judgment has been modified by subsequent Orders of 22 this Court dated June 4, 1964, September 18, 1963 and November 5, 23 979. By Order herein dated November 20, 1968, defendant, PALOMAR 24 bli TUAL WATER COMPANY was dismissed and absolved from further 25 Ii lability or obligation under said Judgment, as modified and YUIMA 26 NICIPAL WATER DISTRICT was substituted in the place and stead of 27 ALOMAR MUTUAL WATER COMPANY with the duty to comply with the 28 t erms and conditions of said Judgment as modified. '' w/s s.strub Exhibit H, Page 84 1 In compliance with the requirements of said Judgment, as 2 odified, YUIMA MUNICIPAL WATER DISTRICT, defendant, certifies as 3 110Ws: 4 1. For the calendar year 1996, the total amount of water pro 5 • uced by YUIMA MUNICIPAL WATER DISTRICT, or purchased by them, was 6 follows: (a) From wells located outside of Rincon Ranch but 8 thin the Rincon Basin on the San Luis Rey River, measured at 9 • efendant's deaeration tank: 1285.9 acre feet 10 (b) From wells located on Rincon Ranch: 1153.6 acre 11 eet. 12 (c) By purchase of both local and imported water throug 13 UIMA MUNICIPAL WATER DISTRICT and used on lands within Improve- 14 ent District "A" of YUIMA MUNICIPAL WATER DISTRICT: 1645.9 acre 15 feet. 16 (d) Total available water: 4085.4 acre feet 17 2. YUIMA MUNICIPAL WATER DISTRICT has fully complied with sa 18 ovember 10, 1953 Judgment, as modified, during calendar year 1996. 19 3. To the best knowledge, information and belief of YUIMA 20 NICIPAL WATER DISTRICT no party not bound by said Judgment has 21 eveloped or taken additional water from Rincon Ranch for use 22 pon land outside said Rincon Ranch, nor has any party not bound 23 y said Judgment developed or taken additional water from lands 24 iying in the Rincon Basin outside the boundaries of the Rincon 25 Ranch and also upstream on the San Luis Rey River from Cole Grade 26 /// 27 /// 28 wis s,strub Exhibit H, Page 85 1 oad for use upon Rincon Ranch. 2 3 ated: January 17, 1997 4 5 YUIMA MUNICIPAL WATER DISTRICT 6 7 By: 9 By::0 10 Secretary 11 12 GLENN, WRIGHT, JAcoBS & SCHELL 13 14 By: ent Foster, Attorney for 15 Yuima Municipal Water District 16 17 18 19 20 21 22 23 24 25 26 27 28 wis s.strub Exhibit H, Page 86 SUPEIZOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO, SAN DIEGO BRANCH p*www PETER WIC L STRUE, et al, v. PALO WATER.S.1k. et a oud Tetrydopi Kent H, Foster, Ca. Bar #076433 Glenn, Wright, Jacobs & Schell 101 West Broadway, Suite 1300 San Diego, California 92101-9214 (619) 239-1211 m..opbc Defendant YUIMA UnarbigNmailsOlf Mibr 162650 MUNICIPAL WATER DISTRICT DECLAJ ATiON CIT SERVICE I, Sharon Lapinski-Richardson, declare under penalty of perjury that the following facts are true and correct: I am a citizen of the United States, over the age of 18 years, and not a party to or interested in the within entitled . I am an employee of Glenn, Wright, J. tbs & Schell, and my business address is 101 West Broadway, Suite 1300, San Diego, California. I further declare that I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service pur.. t to which practice the correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I caused to be served the following documents in the following manner: CERTIFICATE OF COMPL "CE BY IPA MUNICIPAL DIS 'CT, AS SUCCESSOR IN r ST TO PALOMAR MUTUAL WATER COW FOR CAL JAR YEAR 1996 by placing a copy thereof in a separate envelope for each addressee respectively as follows: BY MAT,: By placing a copy thereof in a separate sealed envelope with postage thereon fully prepaid, either deposited each in the United States Postal Service or placed each for collection and mailing on April 4, 1997, in the City and County of San Diego, State of California, following ordinary business practices to each addressee respectively as follows: Guido Roy Smith, Esq. 1940 W. Orangewood Ave., #110 Orange, CA 92668-2050 Exhibit H, Page 87 I Y F:_CS11 IL: On April 4, 1997, the d ents *ere transmitted by facsimile teansialissiw, and the transmission was reported to be complete and without errtir. -A copy of the 117"Migibii re.r tr.:: is attached hereto, The transmission repakt was prop3rly.i .i:We,-d .by'.ibe reporting f siuk ma.c.hine, And by placing a copy thereof iu a separate sealed envelope with postage thereon fally pirepaid, either deposited each in the United states Postal Se rvice or pl ^ d for collection and mailing on April 4, 1997, in the City and County of San Diego, State of California, following ordinary business practices to each addres respectively as follows: El BY PERSONAL VICE: On April 4, 1997, 1 personally served the above described documents on the addressee(s) listed below: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on April 4, 1997. Sharon .Lapinski-Richardson Exhibit H, Page 88 3 IriTtDam', , K,EJ71 Bar o, 0364331 FEB 25 1999 WRIGH. T,- JACOBS & SCHELL 4 1::B Street, Suite 2409 aric7mmll an California 92101-4200 IgaPhone: (619) .239-1211 Fax:(61923,9. 1719 rSOPER;i6R COURT OF THE STATE OF CALIFORNIA JFOR THE COUNTY OF SAN DIEGO NO 162650 CERTIFICATE OF COMPLIANCE BY YUMA MUNICIPAL WATER DISTRICT, AS SUCCESSOR IN INTEREST. TO PALQYAR MUTUAL WATER COMPANY, PALOMAR MUTUAL WATER COMPANY, FOR CALENDAR YEAR 1998 'Defendant By a Judgment entered herein on November 10, 1953 at Book 21, Page 118 of ,,Jrild • exits, PALOMAR MUTUAL WATER COMPANY was laced under certain restrictions in the exercise of water right claimed by it the waters of the San Luis Rey River and the •incen Basin. That judgment has been modified by subsequent Orders of this Court dated June 4, 1964, September 18, 1963 and 114or 5, 1979. By Order herein dated November 20, 1968, defendant, PALOMAR MUTUAL WATER COMPANY was dismissed and solved from further liability or obligation under said SiglMent, as modified and YEJIMA MUNICIPAL MUNICIPAL WATER ...5;/AAtr:or4/strilb PaTa 1 Exhibit H, Page 89 .• , - D]STRICT as -substituted in the place and stead of PALOMAR MUTU ATER COMP With the duty to -comply with the terms and Conditiontof.said Judgment as mndified, In compliance with the requirements of said Judgment, as YUIMA'MUNICIPAL WATER DISTRICT, defendant, certifies as follost. 1 - For the calendar year 1998, the total amount of water roduced by YUMA mUNICIPAL WATER DISTRICT, or purchased by them, was as follows: (a) From wells located outside of Rincon Ranch but within the Rincon Basin on the San Luis Rey River, measured at defendant's deaeration tank: 1284.62 acre feet. (b) From wells located on Rincon Ranch: 1094.14 acre • (c) By purchase of both local and imported water through YUIMA MUNICIPAL WATER DISTRICT and used on lands within mprovement. District of YUIMA MUNICIPAL WATER DISTRICT: 1031-2 acre feet. (d) Total -0ai1able water: 3409.96 acre feet. AL WATER DISTRICT has fully complied wi said November 10 1 1953 Judgment, as modified, during calendar year 1998. To the best knowledge, information and belief of YUIMA MUNICIPAL WATER DISTRICT no party not bound by said Judgment ha developed or taken additional' water from Rincon Ranch for use 26 upon land outside said Rincon Ranch, nor has any party not bound z/ by said Judgment developed or taken additional water from lands lying in the Rincon Basin outside the boundaries of the Rincon Page 2 Exhibit H, Page 90 *and- also iii)str6a1o. on the San Luis Rey River from Cole Grad had for- -d0aAliion,Rindpn Ranch. 1999. YUIMA MUNICIPAL WATER DISTRICT By Secretary GLENN, WRIGHT, JACOBS & SCHELL By: Kent Foster, Attorney for Yuima Municipal Water District 2-1 24 2 27 28 Page Exhibit H, Page 91