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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 ,~1 ( ~ ~°4~'5o'~- } To ey i'~ &/~/. ~ ~ ' ,,,,,,., ,~/ -:.~ ,-, c.-~.. ~-~.~~, .~-~-~ ~: ',~ ,,-.y'~ ~ .~.~ ......... .... . ...~ ~ 5. 55 ,-," ~ ' ".;' 6'~~/ ,") ~ ' .' ~ ,, -' ', , '-..2~ '~ ~ ~ , , '., ~ . ~ ~ -. ~. 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