Reso 0699-09/1984 RESOLUTION NO. 699
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 (UNIVERSITY SAN MARCOS VILLAGE)
OUTFALL INTERCEPTOR LINE - REFERENCE NO. 35
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 transmission of
sewage 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 easements to a parcel of land for the
construction, operation and maintenance of facilities for transmission of
sewage.
Section 3: That the easements to be taken by eminent domain by
said SAN MARCOS COUNTY WATER DISTRICT, hereinafter referred to, are in the
County of San Diego, State of California, and are 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
easements described in Section 3 hereof.
Section 5: That the taking and acquiring by said SAN MARCOS
COUNTY WATER DISTRICT of the easements herein-described is deemed to be
necessary for the construction, operation, and maintenance of facilities for
the transmission of sewage. That the Board of Directors to 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 September
25, 1984, wherein all persons entitled to appear and be heard were afforded an
opportunity to be heard on the matters referred to in Section 1240.030 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.
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 easements described in the Resolution are necessary for the
project.
6.4 That the easements sought to be acquired are necessary as a
part of a project to increase sewer capacity within the SAN
MARCOS COUNTY WATER DISTRICT and facilitate transmission of
sewage for treatment.
6.5 That compliance with the provisions of Government Code Sections
7267.1 and 7267.2 is not required in this taking.
Section 7: That the taking of property 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.
Resolution No. 699 , continued
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 and on behalf of the SAN MARCOS COUNTY WATER
DISTRICT against all owners and claimants of the above-described real property
for the use of said SAN MARCOS COUNTY WATER DISTRICT, and that said
condemnation 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 25th day of September, 1984, by the
following roll call vote:
AYES: Directors: Mason, Newport, Mahr, Ferguson, Rutherford
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
Board of Directors
San Marcos County Water District
ATTEST:
GRANT OF TEMPORARY EASEMENT
(10 Feet Wide)
An easement for a temporary working strip of land. Said
easement shall include, but not be limited to, the right and
privilege of workmen, contractors, and any and all agents em-
ployed by the Grantee herein for construction of the Land Outfall
Interceptor, San Marcos County Water District SWRCB Project No.
C-06-1571-100, to use and occupy said temporary working strip in
conjunction with the construction of a pipeline, and any and all
appurtenances incidental thereto, within the above described
easement of right of way. Said temporary working strip shall
include the right and privilege to place and operate any and all
machinery on said strip which the Grantee, or any agent or
contractor employed by said Grantee, deems necessary for the
construction of said pipeline. The location of said temporary
easement is particularly described as follows:
Commencing at the point of intersection of
the Southwesterly boundary line of Rancho los
Vallecitos de San Marcos with a line parallel
with the centerline. at San Marcos Boulevard
as shown on Parcel Map No. 5457, recorded in
the Office of the County Recorder of San
Diego County December 31, 1976, and lying
51.00 feet Northerly thereof measured at
right angles thereto as said point of
intersection is shown on said Parcel Map
No. 5457;
Thence along said parallel line North
89o37'34" West (record South 89°19'50'' West
per Parcel Map No. 5457) 611.88 feet to the
TRUE POINT OF BEGInnING;
Thence continuing North 89°37'34" West 477.51
feet;
Thence North 29°05'01'' East 24.69 feet toa
point hereafter known as "Point A";
Thence North 82~23'04'' East 126.14 feet to
the beginning of a non-tangent curve concave
Northerly and having a radius of 305.00 feet,
a radial line to the beginning of said curve
bears North 27~12'47'' East;
Thence Easterly along said curve through an
angle of 25005'32" a distance of 133.57 feet;
Thence South 87°52'45'' East a distance of
212.42 feet to the TRUE POINT OF BEGINNING.
EXCLUDING THEREFROM any portion thereof lying
within Parcel Map No. 11996 recorded in the
Office of the County Recorder of San Diego
County, March 12, 1982, File No. 82-068467.
-2-
GRANT OF TEMPORARY EASEMENT
(180 Feet Wide)
An easement for a temporary working strip of land. Said
easement shall include, but not be limited to, the right and
privilege of workmen, contractors, and any and all agents em-
ployed by the Grantee herein for construction of the Land Outfall
Interceptor, San Marcos County Water District SWRCB Project No.
C-06-1571-100, to use and occupy said temporary working strip for
the purpose of constructing a pipeline, and any and all appurte-
nances incidental thereto. Said temporary working strip shall
include the right and privilege to place and operate any and all
machinery on said strip which the Grantee, or any agent or con-
tractor employed by said Grantee, deems necessary for the con-
struction of said pipeline. The said temporary easement is
located in the City of San Marcos, County of San Diego and
particularly described as;
Commencing at the point of intersection of the South-
westerly boundary line of Rancho los Vallecitos de San Marcos
with a line parallel with the centerline at San Marcos Boule-
vard as shown on Parcel Map No. 5457, recorded in the Office
of the County Recorder of San Diego County December 31, 1976,
and lying 51.00 feet Northerly thereof measured at right
angles thereto as said point of intersection is shown on said
Parcel Map No. 5457;
Thence along said parallel line North 89°37'34'' West
(record South 89°19'50" West per Parcel Map No. 5457)
1089.39 feet;
Thence North 29°05'01'' East 39.66 feet to the TRUE POINT
OF BEGINNING;
Thence continuing North 29°05'01'' East 238.93 feet;
Thence South 60~54'59" East 180.00 feet;
Thence South 29~05'01'' West 144.48 feet to the beginning
of a non-tangent curve concave Northerly and having a radius
of 285.00 feet, a radial line to the beginning of said curve
bears North 10~55'29" East;
Thence Easterly along said curve through an angle of
08°48'14" a distance of 43.79 feet;
Thence South 87~52'45'' East 212.12 feet;
Thence South 89~37"34' East 590.28 feet;
Thence South 46~25'22'' East 14.61 feet;
Thence North 89°37'34'' West 601.08 feet;
Thence North 87~52'45" West 212.27 feet to the beginning
of a tangent curve concave Northerly and having a radius of
295.00 feet;
Thence Westerly along said curve through an angle of
26~21'41'' a distance of 135.73 feet;
Thence South 82°23'04'' West 117.58 feet to the TRUE
POINT OF BEGINNING.
EXCLUDING THEREFORM any portion thereof lying within
Parcel Map No. 11996 recorded in the Office of the County
Recorder of San Diego County, March 12, 1982, File
No. 82-068467.
'"~/,~ EXHIBIT C