Reso 0685-02/1984 RESOLUTION NO. 685
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
(GENERAL PRECISION, INC. EASEMENTS - OUTFALL
INTERCEPTOR LINE - REFERENCE NO. 39)
BE IT RESOLVED by the Board of Directors of the SAN MARCOS COUNTY
WATER DISTRICT as follows:
Section l: 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 a permanent easement and 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 October
17, 1983, 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.
228
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 6th day of February, 1984, by the following
roll call vote:
AYES: Directors: Mason, Newport, Mahr, Ferguson, Rutherford
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
/
Dale Mason, ~rr~sident
Board of Directors
San Marcos County Water District
ATTEST:
m . '~ cretary
~~i[~ter District
Parcel I of Parcel Map No. 8267, filed in the office of the
County Recorder of San Diego County on January 9, 1979 as
Document No. 101137, being a division of a portion of Lots 1, 4, 5
and 6 in Block 76 of Rancho Los Vallecitos de San Marcos, in the
County of San Diego, State of California, according to the Map
thereof No. 806.
EXHIBIT A
PARCEl, I
REFERENCE PAPCEI. NO. 39
The land.~; in which said easement of right of way is situated
in the County of '.4an Dieqo, Stain of California, are particularly
described as fo].lov.~s, to ~,:it:
Parcel 1 of Parcel Map No. 8267, fi]ed in the office of the
County Recorder of San Diego County on January 9, 1979 as
Document No. 10837, being a division of a portion of Lots 1, 4, 5
and 6 in Block 76 of Rancho Los Val]ecitos de San Marcos, in the
County of San Diego, State of California, according to the Map
thereof No. 806.
Said easement of right-of-way in the aforesaid lands is
particularly described as follows:
That portj~n ~>f l-lu, lands first above described lying
Southerly of a line which is para].]_el with and distant 10.00
feet Norther].v of the following described line.
Beginning at that point shown on above described Parcel Map
No. 8267 as being South 16037'45" East 890.15 feet from the
most Northerly corner of Parcel 1 of said Parcel Map; thence
along the line shown on said map South 73~20'00'' West 333.83
feet to the beginning of a 1749.00 foot radius curve and
along the arc of said curve through a central angle of
16~55'34'' to the Southwesterly boundary of Los Vallecitos de
San Marcos ar shown on said Parcel Map.
The Northerly line of said easement of right-of-way shall be
foreshortened or lengthened so as to terminate in the
boundary ]inc.~ ef the ]and first above described.
,-7
PARCEL II
CONSTRUCTION
EASEMENT
REFERENCE PARCEL NO. 39
An easement for a temporary working strip of land.
Said easement .~hall include, but not be limited to, the
right and privilege of ~/orkmen, contractors, and any and all
agents employed by the Grantee herein, to use 'and occupy
said temporary working strip for. the purpose of constructing
a pipeline, and any and all appurtenances incidental there-
to, within the a~ve described easement of right-gf-way.
Said temporary working strip shall include the right and
privilege t.o [~]ace and operate any and all machinery on said
strip whic]~ t.}~c~ Grantee, or any agent or contractor employed
by said Grantc<~, deems necessary for the construction of
said pipeline.
Said temporary working strip ~ing described as fol-
lows:
A stri[~ of land 5.00 fect of even width, said 5.00 foot
strip of land lying Northerly of and adjacent to the ease-
ment of r~ghtc-of-~ay as described abve.
It it; ]lC~'{=])y u~derf:to,~] and agreed upon by the Grantor
and Grantee b{~:~tn, that the right and privilege set forth
for the use of the above described temporary working strip
shall be in f~:] ! force and effect from the date of executio~
Page 1 of 2
EXHIBIT B
of this instru:.'..2nt, a;:d shall cc~ntinue in full during the
construction of said pi[~eline and that upon completion,
final inspection, a:kt rucordation o~ no~icc of completion of
said pipeline, ~!~e easement for the temporary working strip
hereby granted and describe~ a~ve, shall cease and termi-
nate, and bc~.~:~: of no further force or effect.
Page 2 of 2
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