Reso 0965-05/1994 RESOLUTION NO. 965
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT
DETERMINING AND DECLARING THE PUBLIC NECESSITY
FOR THE ACQUISITION OF REAL PROPERTY FOR A RESERVOIR FACILITY
AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN
WHEREAS, it is proposed that the Vallecitos Water District will
acquire the real properties as shown on attached Exhibit "A", for the purpose of
providing a reservoir facility in the unincorporated area of the County of San
Diego (San Marcos); and
WHEREAS, the Vallecitos Water District may exercise in its own name
the right of eminent domain for the acquisition of real properties or interest
therein for use as a reservoir facility pursuant to Water Code section 31040 and
Code of Civil Procedure sections 1240.010, 1240.110, and 1240.120; and
WHEREAS, the real properties or interests therein sought to be
acquired are necessary for the proposed project; and
WHEREAS, the Vallecitos Water District has established the amounts
which it believes to be the just compensation for properties or interests therein
sought to be acquired as determined by an independent appraiser; and
WHEREAS, the Vallecitos Water District has offered to the owners of
said real properties or interests therein the full amounts established as just
compensation for each of said real properties or interests therein sought to be
acquired; and
WHEREAS, the Vallecitos Water District has provided said owners of
said real properties or interests therein a written statement of and summary of
the basis for the amount established as just compensation for each of the real
properties or interests therein sought to be acquired; and
WHEREAS, the owners of the real properties or interests therein
sought to be acquired have refused the offer of the amounts established by the
Vallecitos Water District as just compensation for each of such real properties
or interests therein; and
WHEREAS, pursuant to the provisions of California Code of Civil
Procedure section 1245.235, the owners of the real properties or interests
therein sought to be acquired whose names and addresses appear on the current
equalized County assessment roll have been sent a Notice of Intention to Adopt
a Condemnation Resolution and have been provided with an opportunity to appear
and be heard on the matters referred to in California Code of Civil Procedure
section 1240.030.
NOW, THEREFORE, BE IT RESOLVED that this Board finds and determines
and hereby declares as follows:
The public interest and necessity require the acquisition and
development, by the Vallecitos Water District, of the proposed reservoir
facility.
Resolution No. 965
The proposed reservoir facility is planned and located in a manner
which will be most compatible with the greatest public good and the least private
injury.
The real properties or interests therein described in Exhibit "A" are
necessary for the proposed reservoir facility.
The use of all and each and every part of said properties or
interests therein for the use and purpose of a reservoir facility is a public use
and a use authorized by law.
The public interest and necessity require that there be taken and
acquired in fee title, for reservoir purposes, the parcels of real property
described in Exhibit "A".
BE IT FURTHER RESOLVED by this Board that all appropriate officers,
representatives, and attorneys are authorized and empowered and directed in the
name of the Vallecitos Water District such suit or suits in the proper court
having jurisdiction thereof as are necessary to condemn, take, and acquire said
properties for a reservoir facility.
PASSED, APPROVED, AND ADOPTED at a regular meeting held on this 18th
day of May 1994 by the following roll call vote:
AYES: Cruz, Ferguson, Gregoryk, Mason
NOES: Newport
ABSTAIN:
ABSENT:
Mike Gregoryk, President
Board of Directors
Vallecitos Water District
ATTEST:
William W. Rucker, SeCretary
Board of Directors
Vallecitos Water District
DESCRIPTION OF THE PROPERTY TO BE ACQUIRED
The property to be acquired is a fee single interest in approximately 29.32 acres which can
be legally described as follows:
A portion of the Northeast Quarter of the Northeast Quarter of Section :22, Township
11 South. Range 3 West, San Bemardino Base and Meridian, in the County of San
Diego, State of California, according to the official plat thereof more particularly
described as follows:
Beginning at the Northeast corner of said Section :22; thence along the northerly line
of Section 22 South 87°42'26' West 1195.7:2 feet to the Northwes~ corner of the
Northeast quarter of the Northeast Quarter of Section 22: thence along the westeriy
line thereof South 0°59'16' East :2:21.1:2 feet to the TRUE POINT OF BEGINNING;
thence North 88°41 '42' East 436.46 feet; thence South 1 °18'18' East 38.00 feet;
thence North 88°41 '42' East 760.95 feet to the east line of Section 2:2: thence along
said east line South 01 °:27'25' East 1047.44 feet to the Southeast corner of the
Northeast Quarter of the Northeast Quarter of Section 2:2: thence along the southerly
line thereof South 88°33'37' West 1:206.31 feet to the Southwest corner of the
Northeast Quarter of the Northeas~ Quarter of Section 22; thence along the westerly
llne thereof North 0°59'16' West 1088.29 feet to the TRUE POINT OF BEGINNING.
EXHIBIT A
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t L = 320,95'
~ ~ ~ ~1*18'18=~ 38,00'
,~' /
ZOO O 400
i
S 66' 33' 37' W 1106.31'
I I ~ I
I I ~ I
' I I EI/~ COR,~
BASIS OF BEARINGS 1
N 87' ~2' ~G' E DEED RECORDED 12/12/80
AS FILE NO. 80-~858~ O.R.
AND PM 13700
I
YALLECITOS WATER 01STRICT PLAT ~P PROPOSED
SAN MARCOS. CALIFOR~A SAN DIEGO COUNTY TW~ OAKS RESERVOIR
~r 6k~,e~, ~ -,~e~ ~ CALIFOR~A PORTION OF APN 178-080-78
~'~,~'~ ~DM- _ ..........................