Reso 0684-02/1984 RESOLUTION NO. 684
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
(CARRILLO RANCHO PARTNERSHIP EASEMENTS - OUTFALL
INTERCEPTOR LINE - Reference No. 19-21-22)
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 necesity 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.
Resolution No. 684, 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 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
Board of Directors
San Marcos County Water District
ATTEST
J e . McKay, tary
EXHIBIT "A"
That portio~ of the following described property lying within the
Northwest Quarter of Section 19 and the West One-Half of the Southeast
One-quarter of Section 18, Township 12 South, Range 3 West, San Ber~ardino
Base Merld inn.
All t|la[ portion of Sections 18 and 19, Township 12 South, Range 3
West, San Bernardino Base and Meridian, according to the Official Plat
thereof, in the City of Carlobad, County of San Diego, State of California,
being more particularly described as follows:
Beginning at a 2-inch iron pipe uith disc ~rked "RCE 9416" accepted
as ~he Nor~h'desterly corner of ~ COSTA ~OWS UNIT NO.
said ~p No. 7076;
Thence North 0'52'06'' East along the West line of said Section 19 a
distance of 1337.52 feet;
Thence North 0'03'46" West a distance of 565.88 feet to a point
the arc of a nontangent 2000.00 foot radius curve concave Northerly, a
r~ial line to said point bears Sou~h 8'39'55" East;
Thence leaving said Westerly line of Section 19, Easterly along the
arc of said cu~e through a central angle of 16~29'25'' a distance of
575.62 fee~;
Thence North 64~50'40'' East 1165.58 feet to the beginning of a tan-
gent-2000.00 foo~ radius cu~e concave Southerly;
Thence Easterly along the arc of said cu~e through a central angle
of 21~00'00'' a distance of 733.04 feet;
Thence North 85~50'40'' East 92.05 fee~;
Thence North 4'09'20" West 688.38 feet;
Thence North 85'50'40" East a distance of 749.94 feet to the East
line of ~ha Northwest Quarter of said Section 19;
Thence North 0'20'46" East along said East line a distance of 498.91
feet to the Southeast corner of the Southwest QUarte-r of said Section 18;
Thence North 0'42'37" West along the East line of said Southwest
Quarter a distance of 291.42 feet;
Thence leaving said Eas~ line North 16"13'00" West a distance of
1640.18 feet to the centerline of Road Su~ey No. 757, Palo~r Airport
Ro~;
Thence North 68"33'29" East along said centerline a distance of
802.54 feet to the beginning of a ~angent 6000.00 foot radius curve con-
cave Southerly;
Thence Easterly along the arc of said cu~e through a central angle
of 5e39'05'' a distance of 591.8~ feet;
Thence North 74'12'34" East a distance of 454.40 feet to the begin-
ning of a tangent 3000.00 foot radius curve concave Southerly;
Thence Easterly along the arc of said cu~e through a central angle
of 0~52'58'' a distance of 46.22 feet to the Eas~ line of the West Half of
the Southeast Quarter of said Section 18;
~ence South 0e39'40'' West along said East line a distance of 2492.52
feet ~o the Northeast corner of the West Half of the Northeast Quarter
said Section 19;
Thence South 0'08'36'' West along the East line of said West Half of
the Northeast Quarter a distance of 2670.01 feet to a 2 inch iron pipe
marked ACP 1927 accepted as the Southeast corner of the Westerly Half of
the Northeast Quarter of Section 19;
Thence North 89"45'16'' West along the South line of said West half of
the No'rtheast Quarter a distance of 1308.48 feet to the North-South cen-
terline of Section 19;
, ,
Thence South O~20'46'' Wes~ along said North-South centerline a dis-
tance of 1336.03 fee~ [o the Southeas~ corner of the Northeast Quarter of
the Southwest Quarter of said Sac[ion 19;
Thence North 89~46'50'' Wes~ along the South line of the Northeast
Quarter of the South,dest Quarter to and along the North boundary of said
~ COSTA ~ZEADOWS UNIT NO. 3, Map 7076, a distance of 3097.45 feet to the
POINT OF BEGINNING.
EXCEPTING THEREFROM [hat portion granted to the City of Carlshad by
deed recorded February 24, 1977, File/Page 77-06808~, Book 1977, Official
Records.
Together wi~h ti~e West Half of the Northeast Quarter and the North-'
~est Quarter of the Southeast Quarter of Section 19, To~ship 12 South,
Range 3 West, San Bernardino Base and Meridian, according to ~he Official
Plat thereof, in ~he City of Carlshad, County of San Diego, S~ate of Call-
EXHIBIT "B"
Parcel 1
A strip of land 20.00 feet in width the centerline of which is more
particularly described as follows:
Commencing at the Southeast corner of t~e Southwest Quarter of the
Southeast Quarter of aforementioned Section 18 as shown on Record of Survey
Map No. 9112 recorded August 5, 1982 as File No. 82-24'1289 in the County of
San Diego, State of California;
Thence North 0°38'45'' East (record = NortiT 0°39'50'' East) along the East
line of the West One Half of said Southeast Quarter of Section 18 a distance
of 1,147.55 feet to the TRUE POINT OF BEGINNING;
Thence leaving said East line North 90°00'00'' West .a distance of
292,90 feet;
Thence South 14°41'50'' West 126.13'feet;
Thence South 62°01'14'' West a distance of 362.35 feet;
Thence South 75°24'53'' West a distance of 202.53 feet;
Thence South 54°27'44'' West a distance of 77.42 feet;
Thence South 33°03'43'' West a distance of 126.48 feet;
Thence South 45°16'41" West a distance of 173,52 feet to the beginning of
a tangent 600.00 foot radius curve concave Northwesterly;
Thence Southwesterly along the arc of said curve through a central angle
of 22°13'06'' a distance of 232,67 feet;
Thence tangent to Bald curve South 67n29~47'' West a distance of
33.72 feet;
Thence South 07°50'47" West a distance of 160.29 feet to the beginning of
a tangent 600.00 foot radius curve concave Northwesterly;
Thence Southwesterly along the arc of said curve through a central angle
of 23°36'24'' a distance of 247,21 feet;
Thence tangent to said curve South 31°27'11'' West a distance of
65.58 feet to the beginning of a tangent 2500.00 foot radius curve concave
Northwesterly;
Thence Southwesterly along the arc of said curve through a central angle
of 12°22'08'' a distance of 539.69 feet;
Thence tangent to said curve South 43°49'19'' West a distance of
90.04 feet to the beginning of a tangent 500.00 foot radius curve concave
Southeasterly;
Thence Southwesterly along the arc of said curve through a central angle
of 41°28'30'' a distance of 361.94 feet;
Thence tangent to ~aid curve South 02o20'49" West a distance of-'
357.49 feet to a point in the Northerly line of'an easement, 20.00 feet in
width, granted to the San Marcos County Water District and described in
Document-No. 170268, recorded October I, 1968 in Series 9 Book 1968 of ~he
Official Records of the County of San Diego, State of California,
The sidelines of said strip shall be lengthened or foreshortened so as to
terminate Southerly in the Northerly line of said easement to the San Marcos
County Water District and so as to terminate Easterly in the aforementioned
East line of the West One Half of the Southeast Quarter of Section 18,
Parcel 2
A strip of lat~d 10.00 feet in width, the Southerly line of said strip
being the Northerly line of that portion of an easement, 20.00 feet in width,
granted to the San Marcos County Water District and described in Document
No. 170268 and recorded October 1, 1968 in Series 9 Book 1968 of the Official
Records of the County of San Diego, State of California, the centerline of
said 20.00 foot easement being described as follows:
Beginning at a point on the common boundary between Section 19,
Township 12 South, Range 3 West, San Bernardino Meridian, and Section 24,
Township 12 South, Range 4 West, San Bernardino Meridian, all in the County of
San Diego., State of California, according to Official Plat thereof, which ~s
distant thereon North 0°03'05'' West 551.11 feet from the Quarter corner common
to said Sections 19 and 24, being Point "A" of this description;
Page 1 of 2
.- DAON
222-010-02
222-010-18
Thence South 72°32'47'' West 144.96 feet to the beginning of a tangent
500.00 foot radius curve concave Northerly;
Thence Westerly along said curve 8t.62 feet through an angle of 09°2~'11''
to a point on the Easterly line of Rancho Ague Hedionda as said Rancho line is
~hown on Uniued States Government Survey of Tow~nship 12 South, Range 4 West,
San Bernardino Meridian, approved September 17, 1915, distant North 02°38'10''
West 690.82 feet from Comer No. 5 of said Rancho, being the TRUE POINT OF
BEGINNING;
Thence retracing Easterly to said Point "A";
Thence North 72°32'47" East 425.99 feet to the beginning of a tangent
500.00 foot radius curve concave Northerly;
Thence Easterly along said curve 138.00 feet through an angle of
15°48'48";
Thence nangent to said cuF~e North 56°43'59'' East 48.56 feet to the
beginning of a tangent 200.00 foot radius curve concave Southerly;
Thence Easterly along said curve 134.26 feet through an angle of
38°17'41";
Thence tangent to said curve Sou~h 84°48'20'' East 381.08 feet to the
beginning of a tangent 200.00 foot radius curve concave Northwesterly;
Thence Northeasterly along said curve 236.89 feet through an angle of
67°51'51";
Thence tangent to said curve North 27°19'49'' East 70.07 feet to the
beginning of a tangent 250.00 foot radius curve concave Southeasterly;
Thence Northeasterly along said curve 123.96 feet through an angle of
28°24'31";
Thence tangent to said curve North 55~44'20'' East 53.12 feet to the
beginning of a tangent 400.00 foot radius curve Northwesterly;
Thence Northeas=er!y along sai~ curve 100.41 feet through an angle of
14o23,00,,; ,
Thence tangent to said curve North 41°21'20'' East 40.78 feet to the
beginning of a tangent 400.00 foot radius curve concave Southeasterly;
Thence Northeasterly along said curve 253.62 feet through an angle of
36°19'42";
Thence tangen~ to said curve North 77°4~'02'' East 606.59 feet to the
beginning of a tangent 250.09 foot radius curve concave Southerly;
Thence Easterly along said curve 43.21 feet through an a~gle of
09°54'13";
Thence tangent to said curve North 87°35'15'' East 9.98 feet to a point in
the Westerly line of Parcel I above described.
The sidelines of said strip shall be foreshortened or lengthened so as to
terminate Waster!y in the Westerly line of said Section 19 and terminate
Easterly in the Westerly line of Parcel I above described.
EXCEPTING THEKEFROM those portions thereof not lying within the lands
first above described.
TC~mi~F_2.~,i~a Const~nzction Ease,-~nt attached hereto and made a
part hereof.
Page 2 of 2
222-010-02
222-010-18
Ref. Nos.
PARCEL 2
CONSTRUCTION
EASEMENT
REFERENCE PARCEL NOS. 19R, 21R & 22R
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 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 above described . easement of right-of-way.
Said temporary working strip shall include the right and
privilege to ~lace 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 pipel inc.
Said temporary working strip being described as fol-
lows:
One strip of land 15.00 feet of even width, said 15.00
foot strip of land lying Northerly of easement of right-of-.
way as described in Parcel 2 above and two strips of land
10.00 feet of even width, said ]0.00 foot strips of land
lying on each side of the easement of right-of-way as
described in Parcel i above.
Lc~(TSTING 20.00 Foot
MENT TO 5~N 1v~44~co5
COUNTY WATE~ D/STR/CF
Cow~r~r,,czToAz ae,4~/~ss,, N~EEr I~6 £ ~. 2~, ~
~P2&~' ~ ~. - ,,-o~
~. ~- 22- ~~~ ~EL ~. 222 -~I0 - ~
~LCULAT~D AND C~PILED ~ R~ ~TA.
6.M.C. ~ D. LAND OUTFALL INTERCEP~
~5EM~NT ~AT
EXHIBIT ,C
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