Reso 0157-05/1961 RESOLUTION No. 157
A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN MARCOS
COUNTY WATER DISTRICT, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY SITUATED IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORlA
BE IT RESOLVED by the Board of Directors of SAN MARCOS COUNTY
WATER DISTRICT, as follows:
Section 1: That the public interest, convenience and neces-
sity of SAN MARCOS COUNTY WATER DISTRICT, a state agency of the
State of California, and the inhabitants thereof, require the
construction, operation and maintenance of facilities for the
treatment of sewage and of sewer pipelines, facilities and appur-
tenances upon certain lands in the County of San Diego, State of
California, hereinafter more particularly described.
Section 2. That the public interest, convenience and neces-
sity of the above named County Water District and its inhabitants
demand the acquisition and taking of said lands for the construc-
tion, operation and maintenance of facilities for the treatment
of sewage and of sewer pipelines, facilities and appurtenances.
Section 3. That the property over which rights of way are
to be taken by said County Water District, hereinabove referred
to, is in the County of San Diego, State of California, and is
described as follows:
Lot 3, Block 74 of Rancho Los Vallecitos de San Marcos,
in the County of San Diego, State of California, according
to Map thereof No. 806, filed in the Office of the Comity
Recorder of San Diego, County, December 21, 1895.
EXCEPTING therefrom that portion of said lot conveyed
to Will Meyer of Deed recorded in Book 184, page 63 of
Deeds, described as follows:
Commencing at a. oint on the Northern Boundary line of
said Lot, situated 442 feet from the Northwest corner of
said Lot; thence running Westerly 442 feet to the Northwest
corner of said Lot; thence Southeasterly 833.70 feet to the
Southwest corner of said Lot; thence Easterly along the
Southerly boundary line 342.00 feet; thence Northwesterly
to the point of beginning.
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ALSO EXCEPTING therefrom that portion excepted in
the Deed of Salvador Gonzales, et ux, to C. A. Ross and
Trix Ninde Rosse, recorded in Book 619, page 462 of
Deeds, described as follows:
Commencing at the corner common to Lots 1, 2, 3, and 4
of Block 74, and running thence in a Northerly direction
along the line between said Lots 3 and 4, 759.00 feet to
the center of the road; thence at right angles in a Westerly
direction along the road 20.00 feet; thence at right angles
in a Southerly direction 439.00 feet; thence at right
angles in a Westerly direction 130.00 feet; thence in a
Southerly direction 320.00 feet to the Southerly line of
said Lot 3; thence at right angles on said Southerly line
of said Lot 3, 150.00 feet to the point of commencement.
ALSO EXCEPTING THEREFROM that portion which lies
Easterly of a line described as follows:
Beginning at a point in the Northerly line of said
Lot 3, said point being North 73°20' East 442.00 feet from
the Northwesterly corner thereof; thence North 73°20' East
along the Northerly line of said Lot, a distance of 801.76
feet to the TRUE POINT OF BEGINNING; ti~ence leaving said
line South 16°38'15~ East 406.51 feet; thence South 73°11'20~
~vest 106.00 feet; thence South 16°38 10~' East 320.00 feet to~
a point in the Southerly line of said Lot 3, said point being
South 73°11'20~' I~est 200.00 feet from the Southeasterly
corner ti~ereof.
An easement and right-of-way, 12 feet wide, the center
line of which is more particulary described as follows:
Beginning at the most Northerly corner of Lot 1 of
Block 74 as shown on said Map 806; then South 16°48'40~
East 5.00 feet; thence South 73°37'20'~ '~jest 1137.30 feet,
to the TRUE POINT OF BEGINNING; thence N 16°37 '40:~ West
335 feet; thence N 73°11'28'' East 80 feet thence N 16°37 '40~'
'{,~est 371.40 feet thence S 73°17 '10~ ~est 184.45 feet thence l.
N 16°37 '40~ West 22.50 feet thence .-S 73°17 '10~ West 235.15
feet thence N 46°42'50~ ~.;Yest 46.19 feet.
The basis of bearings for the above description is
the Northerly (Northwesterly) line of Lot 1 Block 74,
at North 73°11~20~' East as shown on Record gf Survey 4819.
Section 4. That immediate possession shall be taken of the
rights of way described in Section 3 hereof.
Section 5. That the taking and acquiring by said County
~,jater District of the rights of way herein described is deemed
to be necessary for the construction, operation and maintenance
of facilities for th~treatment of sewage 'l'and of ~er pipelines,
facilities and appurtenances. That such use is a public use and
that for such public use it is necessary that said County
District condemn and acquire said rights-of-way.
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Section 6: That the law firm of PO~ELL & MARTINSON, 365
Broadway, Vista, California, be and they are hereby authorized
and directed to commence an action in the Superior Court of the
State o~ California, in and for the County of San Diego, in tl~e
name of and on behalf of the SAN MARCOS COUNTY '~!~TER DISTRICT
against all owners and claimants of the above described right-
of-way for the purpose of condemning and acquiring said right-
of-way for tl~e use of said ~N FARCOS COUNTY i~{TER DISTRICT; that
said condemnation action shall be prosecuted in accordance with
the provisions of the law applicable thereto.
PASSED, ADOPTED AND Ai~PROVED this 1st day of ~ay, 1961, by
the following vote:
AYES: Directors Blanchard, Dodd~, Mahr, Smith and Trussell
NOES: Directors None
ABSENT: Direc tots None
Fresident, ' Sa~'~ Count~~
'~jater District
ATTEST:
'Secretary, San ~rcos Coanty Water
District