Airways Water Co. v. County of Los Angeles

DRAPEAU, J.

The facts in this case have been stipulated by the parties.

Plaintiff is a public utility water company, supplying water near the city of Inglewood, in the county of Los Angeles. Easements for plaintiff’s water mains were granted by owners of the real property, and the mains were placed underground along Anza Avenue prior to its dedication as a public highway. All of the places mentioned are in unincorporated territory in the county.

Dedication of the highway was by filing subdivision maps, in accordance with section 11590, Business and Professions Code. On these maps appeared a certificate executed by plaintiff and the title owners of the property, as follows:

“We hereby certify that we are the owners of an interest in the land included within the subdivision shown on the annexed map and that we are the only persons whose consent is necessary to pass a clear title to said land, and we consent to the making and recordation of said map and subdivision as shown within the colored border line, and we hereby dedicate to public use all the streets, places and avenues shown on said map within said subdivision. ’ ’

There were no reservations or exceptions in the certificates of dedication and the subdivision maps indicate an 80-foot right of way designated as Anza Avenue, with no portion of it set apart for a parkway. Section 11590, Business and Professions Code, requires reservations, if any, to be set forth in the offer.

Prior to the dedication, the County Road Department proposed and recommended that Anza Avenue be improved as a secondary highway, with a parkway 12 feet wide on either side of the paved portion thereof. Plaintiff, knowing the proposed plan, placed its water mains underneath the parkway, where they would not be disturbed by such improvement. Had Anza Avenue been maintained under the original plan, plaintiff’s mains would not have been .affected.

But the plan was changed, and the county contracted with contiguous property owners to make Anza Avenue a primary highway of such width as to require paving and curbing over

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most of the 12-foot parkway. It thus became necessary to relocate certain of plaintiff’s water mains. Upon request of the county, plaintiff did so, at a cost of $5,598.34. Claim for reimbursement was duly presented to the county, which claim was rejected.