Reso 0757-1986 RESOLUTION NO. 757
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 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 property to be taken and
which rights-of-way are to be taken by said San Marcos County
Water District, hereinafter referred to, 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 thereto.
Section 4: That immediate possession shall be
taken of the property and the rights-of-way described in
Section 3 hereof.
Section 5: That the taking and acquiring by said
San Marcos County Water District of the rights-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 May 5, 1986, 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.
Resolution No. 757
Page 2
Section 6: That the Board of Directors, 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.
Resolution No. 790
Page 3
AYES: Directors: Mason, Rutherford, Mahr, Ferguson
NOES: Directors: None
ABSTAIN: Directors: Newport
ABSENT: Directors: None
Berneita~Y~Y~KJ~o~, PreSident
Board of Directors ~
San Marcos County Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
DESCRIPTION
TIle Southeast Quarter,of the Northwest Quarter; the Southwest Quarter of the
Northeast Quarter, the Northwest Quarter of the Southeast Quarter and the
Northeast Quarter of the Southeast Quarter of Section 22, Township 12 South,
~an~e 3 Weste San BernardInn Heridian~ in the City of San Harcns, County of ·
San Dl~Os State of California, according to Official Flat thereof.
EXCEPTIN~ THEREFROFI that portion of the Northeast Quarter of the Southeast
Quarter of said Section 22, described as fellova:
Beginning ~t the Northeast corner of said Northeast Ourtar oC the Southeast
Quarteft thence alfon~ the East line of paid Northeast Q~srter of the
Southcant Quarter of the Southeast corner thereof; thence Uesterly alerts the
South line thpreof, s distance of 330.OO feet; thence Northeasterly in a
strat~ht line to n point on the North line distant 125,O0 feet liest of said
?Zortheant corner of the Southeast Ouarterl thence along said North line
Easterly, 125.O0 feet to the Point of 3e~inninR.
AL~O EXCEPTING TII~REFP. Otl all oils gas, oil shale, coal, phosphate, sodium,
gold, silver and all other ~ineral deposits contained In said lands, and
further teservin~ to the State of California anti persons authorized by the
State o~ Cslifornts, the right to drill for and extract such deposits of
and gas, or gas, and to prospect for~ mine and retort such deposits of other
t~inerals frets said lands, and to occupy and use so ~tch of the surface of said
lands as may he required therefore upon co~plaince vith the conditions nnd
subject to the provisions and limitations of Chapter 5, Part 1, Division 6 of
the Public Resources (;ode and further reservin~ in the people the
right to fish thereupon, as provided by Section 25, Article I of the
Conntltution of the State of California, am reserved hy the State of
California in Deed recorded August 15, 1956, in ~ook 6223, 1'8~e 16~ of
Ofilcial Records.
!
TANK SITE
That portion of the Northwest Quarter of the Southeast
Quarter of Section 22, Township 12, South Range 3 West, San
Bernardino Base and Meridian in the City of San Marcos,
County of San Diego, State of California according to official
plat thereof described as follows:
Beginning at the Northeast corner of said Northwest Quarter
of the Southeast Quarter of Section 22 as shown on Record of
Survev No. 8489 filed in the office of the County Recorder of
said San Diego County on April 24, 1980 as Document No.
80-139585;
Thence Westerly along the Northerly line of said
Northwest Quarter of the Southeast Quarter of Section 22
South 89°50'56'' West a distance of 590.30 feet;
Thence South 00°31'44'' East a distance of 246.29 feet;
Thence South 38°47'00" East a distance of 143.68 feet;
Thence North 89°15'40'' East a distance of 190.03 feet;
Thence South 59°11'00'' East a distance of 310.99 feet;
Thence North 00°06'13'' East a distance of 290.00 feet to
a point on the arc of a 120.00 foot radius curve concave
Northwesterly a radial line to said point bears South
42~29'56" East;
Thence Northeasterly and Northerly along the arc of said
curve through a central angle of 47~39'08'' a distance of
99.80 feet;
Thence radial from said point North 89°50'56" East a
distance of 1.23 feet to a point in the East line of said
Northwest Quarter of the Southeast Quarter of Section 22 as
shown on said record of Survey No. 8489;
Thence Northerly along said East line North 00°06'!3''
East a distance of 137.91 feet to the Point of Beginning.
5.055 Acres
B
E73-028.059 Page 1 of 1
WC/Tank Site Rev. 4/2/87
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