Reso 0691-05/1984 RESOLUTION NO. 691
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 CALIFORIA
(SAN MARCOS PARTNERS EASEMENTS - 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 temporary construction easements in said
lands for the construction, operation and maintenance of facilities for
transmission of sewage.
Section 3: That the property over 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
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 transmission of sewage. 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 7,
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 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 sewer capacity within the
SAN MARCOS COUNTY WATER DISTRICT and facilitate
transmission of sewage for treatment.
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.
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. 691 , continued
Section 8: That the law firm of SMITH & PELTZER, A Professional
Corporation, Attorneys at Law, 751 East Rancheros Drive, 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
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 7th day of May, 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:
M.
· cKay, cretary
1
ter District
EXHIBIT "A"
The lands in which said easement of right of way is hereby gran-
ted a~e situated in the County of San Diego, State of California
and are described as follows, to wit:
Parcel D of Parcel Map No. 5457, in the City of San
Marcos in the County of San Diego, State of California,
according to map thereof filed in the Office of the
County Recorder of San Diego County December 31, 1976,
being a division of a portion of Lot 2 and of Lot 3 of
Section 16 San Bernardino Meridian according to
official plat thereof.
EXHIBIT "A"
GRANT OF TEMPORARY EASEMENT (10 Feet Wide)
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
Va!lecitos 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
89=37'34'' 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 to a
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 25"05'32" 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.
EXHIBIT B- I
.' GRANT OF TEMPORARY EASEMENT
/-x (180 Feet Wide)
~'e 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
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 258.93
feet;
Thence South 60*54'59" East 180.00 feet;
Thence South 29*05'01"West 164.48 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;
EXHIBIT B- Z
Thence South 89037'34m East.590.28 feet~
Thence South 46°25'22m East 14.61 feet2
Thence North 89°37J34" West 601.08 feet~
Thence North 87°52a45~ 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 26~21J41w a distance of 135.73 feet~
Thence South 82.023t04~ West' 117.58 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.
EXHIBIT C