Reso 0790-07/1987 RESOLUTION NO. 790
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT
AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN REAL PROPERTY SITUATED IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
(LAKE SAN MARCOS - 153 PARTNERSHIP - VERA CRUZ TANK)
BE IT RESOLVED by the Board of Directors of the SAN
MARCOS COUNTY WATER DISTRICT as follows:
Section 1: That the public interest, convenience
and necessity of the SAN MARCOS COUNTY WATER DISTRICT and the
inhabitants thereof require the construction, operation and
maintenance of facilities for storage and transmission of water
upon certain lands in the County of San Diego, State of
California, hereinafter more particularly described.
Section 2: That the public interest, convenience
and necessity of the above-named SAN MARCOS COUNTY WATER
DISTRICT and its inhabitants demand the acquisition and the
taking of additional property and permanent easements in said
lands for the construction, operation and maintenance of a
water storage tank and facilities for transmission of water.
Section 3: That the total property to be taken
in fee and the right-of-way to be taken by said SAN MARCOS
COUNTY WATER DISTRICT, is in the County of San Diego, State of
California, and is described in Exhibits "A", "B", and "C",
attached hereto and made a part hereof by reference.
Section 4: That immediate possession shall be
taken of the property and the right-of-way described in Section
3 hereof.
Section 5: That the taking and acquiring by said
SAN MARCOS COUNTY WATER DISTRICT of the property and
right-of-way herein described is deemed to be necessary for the
construction, operation and maintenance of facilities for the
storage and transmission of water. That the Board of Directors
of the SAN MARCOS COUNTY WATER DISTRICT, after notice duly
given, did hold a hearing pursuant to the provisions of Section
1245.235 of the Code of Civil Procedure on July 6, 1987,
wherein all persons entitled to appear and be heard were
afforded an opportunity to be heard on the matters referred to
in Section 12.40.030 of the Code of Civil Procedure concerning
public interest, necessity, compatible planning and location
for greatest public good and least private injury of the
project for which the said property is to be taken and the
necessity of acquiring the property described in Exhibits "A",
"B", and "C" hereto.
790
Resolution No.
Page 2
Section 6: That the Board of Directos, after
considering the evidence oral and documentary presented at the
said hearing, finds that:
6.1 The public interest and necessity require the
proposed project.
6.2 The proposed project is planned or located in
the manner that will be most compatible with the greatest
public good and the least private injury.
6.3 The property described in the Resolution is
necessary for the project.
6.4 That the property sought to be acquired is
necessary as a part of a project to increase water storage and
distribution capacity within the SAN MARCOS COUNTY WATER
DISTRICT.
6.5 That pursuant to Government Code Section 7267
compliance with the provisions of Government Code Sections
7267.1 and 7267.2 is not required prior to proceeding in
eminent domain to obtain right-of-way for water pipelines for
this project. The SAN MARCOS COUNTY WATER DISTRICT has
complied with the requirements of Title I, Division 7, Chapter
16 of the Government Code of the State of California by
offering the appraised value for the site and any other
right-of-way to be taken in fee. (Government Code Section 7260
et sequens).
Section 7: That the taking of this property is
necessary to carry out the business of the District, is
authorized by the provisions of Section 31040 of the Water Code
of the State of California and Section 1240.010 of the Code of
Civil Procedure of the State of California.
Section 8: That the law firm of SMITH & PELTZER,
A Professional Corporation, Attorneys at Law, 751 East
Rancheros Drive, Suite 2, San Marcos, California 92069 be and
is hereby authorized and directed to commence an action in the
Superior Court of the State of California, in and for the
County of San Diego, in the name of and on behalf of the SAN
MARCOS COUNTY WATER DISTRICT against all owners and claimants
of the above-described rights-of-way for the use of said SAN
MARCOS COUNTY WATER DISTRICT, and that said eminent domain
action shall be prosecuted in accordance with the provisions of
the law applicable thereto.
PASSED, ADOPTED AND APPROVED by the Board of
Directors of the SAN MARCOS COUNTY WATER DISTRICT this 6th day
of July, 1987, by the following roll call vote:
Resolution No. 757
Page 3
PASSED, ADOPTED AND APPROVED by the Board of
Directors of the San Marcos County Water District this 5th day
of May, 1986 by the following roll call vote:
AYES: Directors: Newport, Mason, Rutherford, Ferguson, Mahr
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
San Marcos County Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
DESCEIPTION
- The Southeast Quarterror the North~/est Quarter; the Southueat Qu~rter of the
Northeast Quarter, the Northwest Quarter of the Southeast Quarter and the
Northeaat Quarter of the Southeast Quarter of Section 22, To~ship 12 South~
~an~e 3 We~t m San Bernardino Neridian, in the City of San Harcnsm County of
San Diego, State of CaS~fornia, according to Official Plat thereof,
EXC~;PTI~C THEREFRON that portion of the Northeast Quarter of the Southeast
Quarter of said Section 22, described as lollova:
Beginning ~t the Northeast toner of said Northerner Ourtar of the Southeast
Quartet; thence alfon~ the East line of said Northeast Quarter of the
Southeast Quarter of the Southeast corner thereof; thence Westerly alon~ the
South line thereof, a distance of 330.~ feet; thence Northeasterly ~n a
str~ht line to n point on the North line distant 125.00 feet West of said
)2oftbeast corner of the Southeast Quarter; thence nlon~ sa~d North line
Easterly, 125.00 feet ~o the Point of Beginning.
ALqO EXCEPTINC TtIEREFROH all oil, ~as, oil shale, coal, phosphate, ~od~um,
gold, silver and all other mineral deposits contained ~n said lands, and
further teservin~ to the State of California and persons authorized by the
State of California, the right to drill for and extract such deposits~of oil
and gas, or gas, and to prospect for, ~(ne and raneve such deposits of other
~tnerals from sa~d lands, end to occupy and use so mxch of the surface of said
lands as may be required therefore upon collators vtth the conditions and
subject to the provisions and limitations of ~npcerS, Part 1, Division 6 o~
the Public Resources Code and further teservin~ ~n ~he p~ople the Mbsolute
right to ~ish thereupon, ss provided by Section 25, Article I of the
Constitution of the State of California, ~s reserved by the State of
California In Deed recorded Au~zst 15, 1956, in ~ook 6223, Pa~e 168 of
0ftictal ~ecords.
Via Vera Cruz
Tank Site
T~at portion of the Northwest Quarter of the Soutb~st Quarter of Section 22,
Township 12 South, Range 3 West, San Bero~rdimo Base and Meridian in the City
of San Marcos, County of San Diego, State of California according to official
plat thereof described as follows:
Baginning at a point on tha Northerly line of said Northwest Quarter of the
Southeast Quarter as shown on Record of Survey No. 8489 filed in the Office of
the County Recorder of said San Di,e~.o County o~ April 24, 1980 as Doc,.~nt No.
80-139585, distant thareon South 89 50'56" Wesz 253.30 feet from the Northeast
Quarter of the Soumhaast Quarter;
Thence South 33~13'01'' East 259.27 feet;
Thence South 07~20'00'' East 40.00 feet;
Thence South 39~42'08'' West 128.15 feet;
Thence South 89~1~'40'' West 310.03 feet;
Thence North 38~47'00'' West 143.68 feet;
Thence North 00~31'Z~4'' West 246.29 feet to a point in the aforementioned
Northerly line of the Northwest Q~rIer of the Southeast Quarter;
Thence along said Northerly line North 89~50'56'' East 337.00 feet to the
Point of Beginning.
rev: 3-17-86
ACESS ROAD AND PIPELINE EASEMENT
~ strip of land 40.00 feet in width lying 20.00 feet cn each
side of the following described centerline.
Beginning at a pcint in the Northerly line of the North-
west Quarter of the Southeast Quarter of Section 22 cf the
aforesaid lands as shown on Record of Survey No. 8489 filed
in office of the County Reccrder of said San Diego County on
April 24, 1980 as Dcc'lment No. 80-139585, distant thereon
South 89°50'56'' West 253.30 feet from the Northeast corner of
said Northwest Quarter of the Southeast Quarter;
Thence South 33°13'01'' East 259.27 feet;
Thence South 07~20'00' East 20.00 feet to the beginning
of a 100.00 foot radius curve concave Northwesterly a radial
line to said point bears South 07°20'00' East which said
point is the TRUE POINT OF 5EGINNI~;G;
Thence E~sterly and Ncrtherly along the arc of said
curve though a central angle of 82°49'05" a distance of
144.54 feet;
Thence tangent to said curve North 00~09'05'' West 138.48
feet to the beginning of a 280.00 foot radius tangent curve
concave Westerly;
Thence Northerly along the arc of said curve thrcugh a
central angle of 27~02'33" a distance of ~32.15 feet;
Thence tangent tc said curve North 27~11'38'' West 53.91
feet to the beginning of. a 280.00 foot radius tangent curve
concave Easterly;
Thence Northerly along the arc of said curve through a
central angle of 21°26'13'' a distance of 104.76 feet;
Thence tangent tc said curve North 05°45'25'' West 380.00
feet to the beginning of a 400.00 foot radius tangent curve
concave Southwesterly;
Thence Northwesterly'along the arc of said curve through
a central angle of 45~29'48'' a distance of 317.63 feet;
Thence tangent to said curve North 51~15'13'' West 226.00
feet to the beginning of,a 100.00 foot radius tangent curve
concave Easterly;
Sheet ! of 2
Thence N~_therly along the arc of said curve through a
central angle of 55°23'31'' a distance of 96.68 feet to a
point of compound curvature with a 320.00 foot radius tangent
curve concave Easterly;
Thence Northerly along the arc of said curve through a
central angle of 24°03'27'' a distance of 134.36 feet to a
point of reverse curvature with a 240.00 fcct radius tangent
curve concave~Westerly;
Thence Northerly along the arc of said curve through a
central angle of' 10°21'41" a distance of 43.40 feet to a
point in the Northerly line of the Southwest Quarter of the
Northeast Quarter of aforementioned Section 22.
The sides of said strip of land shall be foreshortened
or lengthened so as to terminate at the Southerly end of said
strip in a line bearing North 07°20'00'' West through the TRUE
POINT OF BEGINNING and so as to terminate at the Northerly
end of said strip in the aforementioned Northerly line of the
Southwest Quarter of the Northeast Quarter.
Sheet 2 of 2
40' ';~OADWAY EASEIvJENT~k' ~'~ J
~'o S.M.C.w.D \ \ \ \ ""~,\
LAKE 5'AN MARCOS- 1~3 PAR~. ~ J
A.R N. 222-080-16 ~ ~ J
NATURAL~ J
DRAINAGE
S..33e13'O' 'E S 89'50' 56~W
N 89' 50' 56' E 2 59.27 2 53.~0'
337.00' CORNER
..... NIW QLIARTER
SIE QUARIER
N 0'31' 44" SEC, 22~ T 12
246.29'
3.365 ACRES 3 W
N 38'47'00~ S 07"20'
143.66' 40.00'
S ~9'15' 40' W
310.03' S 39'42~ OB'W
LAKE SAN MARCOS- ~53 PARTN.
A,RN. 222- 081-02
EXHIBIT C
I~o. d}E,'I~IA/~ DIST',4A/CE
i ~lortl~ 52'34'21" West 309,00 feet
"North'43*40'31" West 213.00 feet
North 15°01'23" I~est 143.00 feet
tlorth 11°09'48'' East 449.00 feet
tlorth 14"57'24" T, lest 139.00 feel:
North 38°07'14" ~rest 355.00 feet
{forth 48"27'31" 14est 248.00 feet
' {{orth 43"21'43" ~(est 17Z.O0 feet
North 20"29'55" 14es+. 118.00 feet
North 44°53'23" {4est 296.00 feet
North 60"57'05" ~est 6Z.O0 feet
North 17~5U'51'' %lest '301.00 f~et
_ IIor~h 14"15'20" East 282.00 feet
~9 No~th 28"01'56" East 142.00 feet.
FLO I, VA Ge 6/1 SEMEN/"
LAKE 5AFI IYI,4t?COS 155 PARTHFI?,~I-I/P
A strip ef land 40.00 feet in width ~ying 20.00 feet on each side of the
following described centerline.'
Beginning at a point in the ~ortherly line o~ the Northwest Quarter'
of the Southeast Quarter of Section 22 of the aforesaid lands a~ shown on
Record of Survey No. 8489 filed in office of the County Recorder of said
San Diego County on April 2~, 1980 as Document rio. 80-139585, distant
thez'eon South 89°50'5~" West 253.30 feet from the Northeast corner of
said NorthweSt Quarter of the Southeast Quarter; Thence South 33°13'01" East 259.27 feet;
Thence South 07°20'00* East 20.00 feet to the beginning of a Z00.00
foot radius curve concave ~orthwesterly a radial line to said point bears
South 07°20'00' East ~hich said point iS the TRUE POINT OF BEGINflING;
Thence Easterly and Northerly along the arc of said curve though a
central angle of 82°49'05~ a distance of Z44.54 feet;
Thence tangent to said curve North O0°Og'OS" West ~38.48 feet to the
beginning of a 200.00 foot radius tangent curve concave ~esterly;
1hence Northerly along the arc of said curve through a central angl~
of 27°0~'33" a distance of 13Z.Z5 feet;
ll~ence tangent to said curve North 27°~]'38" ~est S3.9[ feet'to the
beginning of a 280.00 foot radius tangent curve concave Easterly;
Thence Northerly along the arc of said curve through a central angle
of 2Z°26']3" a distance of ~04.76 feet~
Thence tangent to sa~d curve North 05°4S'25" West 380.00 feet to the
beginning of a 400.00 foot radtus tangent curve concave Southwesterly;
Thence Northwester!~ along the are of said curve through a centril
angle of 45°29'48'' a distance of 3Z7.63 feet;
Thence tangent to said curve North Sl°ZS'Z3" West 226.00 feet to the
beginning of a lO0.OQ foot radius tangent curve ~oncave Easterly;
Thence Northerly along the arc of said curve through a central angle
of S5°~3'31" a distance of 9~.~8 feet to a point of compound curvature
~ith a 320.00 foot radius tangent
curve concave Easterly;
Thence Northerly along the arc of said curve through a central angle
of 24°03'27" a distance of Z34.36 feet to a point of reverse curvature
with a 240.00 foot radius tangent curve concave Mesterly;
1hence Northerly along the arc of said curve through a central angle
of ~0°2Z'4~" a distance of 43.40 feet to a point in the Northerly line of
the Southwest Quarter of the Northeast quarter of aforementioned Section.
The sides of said strip of land shall be for°shortened or lengthened
so as to terminate at the Southerly end of said strip in a line bearing
North 07°20'00" ~est through the TRUE POINT OF BEG[N~ZNG and so aS ta .
terminate at the Northerly end of said strip in the aforementioned
Northerly line of the Southwest Quarter of the Northeast quarter.
Together with the right and privilege to spill ~ater into natural
drainage channel ~hich crosses the said lands. The approximate route of..
said natural drainage channel is described as follo~s:
Beginning at a Point in the Southerly Line of the Southwest Quarter
of the Northeast Quarter of aforementioned Section 22 Oistant thereon
South 89050'5~'' West a distance of 282.50 feet from the Southeast Corner
of said Southwest Quarter of the Northeast Quarter or said Section 22;
Thence [iorth 52°34'21" West a distance of 309.00 feet;
Thence North 43°40'31" West a distance of 213.00 feet;
Thence |lorth 15°01'23'' West a distance of 143.00 feet;
Thence North 1I"09'48" East a distance of 449.00 feet;
Thence North 14°57'24" West a distance oF 139.00 feet;
Theelee tierib 38°07'14" West a distance of 355.00 feet;
Thence North ]5°45'18'' West a distance of 303.00 feet;
Thence North 48°27'31" ~est a distance of 248.00 feet;
Thence North 43021'43" West a distance of 172.00 feet;
Thence North 20°29'55" West a distance of 118.00 feet;
Thence North 44053'23" West a distance of 296.00 feet;
Thence North 60°57~05" West a distance of 62.00 feet;
Thence North 17°58'51" ~est a distance of 301.00
lhence North 14°15'20'' East a distance of 282.00 feet;
Thence North 28°01'56" East a distance of 142.00 feet.