Reso 0697-08/1984 RESOLUTION NO. 697
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
(McWIN CORPORATION - OUTFALL INTERCEPTOR LINE
Reference No. 38)
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 an easemenet in a parcel of land for the
construction, operation and maintenance of facilities for transmission of
sewage.
Section 3:. That the property to be taken by eminent domain 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 real
property described in Section 3 hereof.
Section 5: That the taking and acquiring by said SAN MARCOS
COUNTY WATER DISTRICT of the easement 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 August
28, 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.
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Resolution No, 697, continued
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 easement sought to be acquired is 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 the SAN MARCOS COUNTY WATER DISTRICT has complied with the
provisions of Government Code Sections 7267.1 and 7267.2.
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.
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 SanDiego, 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.
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99
Resolution No. 697 , continued
PASSED, ADOPTED AND APPROVED by the Board of Directors of the SAN
MARCOS COUNTY WATER DISTRICT this 28th day of August, 1984, by the following
roll call vote:
AYES: Directors: Mason, Newport, Mahr, Ferguson
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Rutherford
Board of Directors
San Marcos County Water District
ATTEST:
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The lands is which the parcel to be acquired is located are
situated ill the County of Sail Diego, State of California, a~d are
particularly described as follows, to wit:
Parcel 1 of Parcel flap No. 763, in the City of
C&rlsbad, CounTy of San Diego, State of California,
filed in The office of the County Recorder of San
Diego County on ~iarch 17, 1972 as File No. 64219,
being a division of a portion of Lot H of Rancho
Aqua Hedionda, according to the Map thereof No. 823.
Said easement of right-of-way is described as follows:..
Beginning at the most Easterly corner of Parcel 1
of Parcel Map 763, thence N 28~44'59'' W, 15.00',
thence S 59~45'59", W 275.02', thence S 28°09'00"
E 5.00', thence N 61~51'00'' (Deed) 275.00' to the
point of beginning.
EXH!F3t'[ a
TEMPORARY
CONSTRUCTION
EASEMENT
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 employed
by the Crantee h~rein, to use and occupy said temporary working
strip for ~he purpose of constructing 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 con-
tractor employed by said Grantee, deems necessary for the con-
struction of said pipeline.
Said temporary working strip being described as follows:
A strip of land. 15.00' in Width lying adjacent to and parallel
with the Northerly line of the land, described as follows:
Beginning at the most easterly corner of
Parcel 1 of Parcel Map 763, thence N 28~
44'59" W, 15.00', thence S 59~45'59",
W 275.02', thence S 28~09'00" E 5.00',
thence N 61~51'00'' (Deed) 275.00' to
the point of beginning.