Reso 0676-11/1983 RESOLUTION NO. 676
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
(MARY E. BRESSI EASEMENTS - OUTFALL INTERCEPTOR
LINE - REFERENCE NO. 41)
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 and continued to November 7, 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.
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RESOLUTION NO. 676, 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, 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 Novembez , 1983, by the
following roll call vote:
AYES: Directors: Newport, Mason, Holm, Ferguson, Mahr
NOES: Directors: None
' ABSTAIN: Directors: None
ABSENT: Directors: None
San Marcos County Water District
ATTEST:
s F. McKay. Secretary
oDsi Water Di strict
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EXHIBIT "A'
The land:; in which said easement of right of way is hereby
9ranted are siriusfled in the County of San Diego, State of
California, and are particularly described as follows, to wit:
That portion of Parcel 2 in the County of ~an
Diego, State of California, as shown at Page 1188 of
Parcel Maps filed jn the Office of the County .Recorder
of San Diego County, December 2], 1972 lying Westerly
of the Northwesterly boundary of that part of County
Road Survey No. 1800-1 (known as E1 Camino Real) as
described in Parcel 68373A in deed to the County of San
Diego, r~.c'or'd{~d July 24, 1970 as File No. 130797.
EXHIBIT "A"
PAI~CI-]T, ]
The lands; iN which said easement of right of way is hereby
granted are sittreated in the County of San Diego, State of
California, and are particularly described as follows, to wit:
That portion of Parcel 2 in the County of ~an
Diego, Siat:~· of California, as shown at Page 1188 of
Parcel Maps f~]ed in the Office of the County.Recorder
of San Dieqo County, December 2], 1972 lying Westerly
of the Northwesterly boundary of that part of County
Road Survey No. 1800-] (known as E1 Camino Real) as
described fin Parcel 68373A in de~d to the County of San
Diego, rec<>~ded ,~u].y 2~ , ] 970 as Fj ]e No. 130797.
Said eastum>nt of righi-of-way in the aforesaid ]ands is
particularly do.~{'ril~ed as follows:
The nl}Nther],y 20.00 feet of t-he lands first above
described.
EXHIBIT "h"
PARCEL I I
COXSTRUCTIOI4
EASE>lENT
I~F, FL. jREN'CE PARChL NO. 41
An easement for a temporary working strip of land. Said
easement shall include, but not be limited to, the right and
· privilege of workme:~., contractors, and any and all agents
employed by the Grar. toe herein, to use and occupy said tem-
'.porary working strip for the purpose of constructing a pipe-
line, and any and all appurt'enances 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.
Said temporary working strip being described as follows:
The Southerly 10.00 feet of the Northerly 30.00 feet of
.that portion of Parcel 2 in the County of San Diego, State Of
CalifOrnia, as shown on Page 1138 of Parcel Maps filed in the
Office oz the Connty Recorder of San Diego County, December
21, 1972, ]ying Westerly cf the Northwestc~rly boundary of
that part o~ County Road Survey No. 1800-1 (known as E1
Camino Real ) as dbscribed in Parcel 68373A in deed to the
County of San Diego, recorded July 24, 1970 as File No.
130797.
It i~ hereby understood and agreed upon by the Grantor
and Grantee herein, that the right and privilege set forth
for the use of the above described temporary working strip
shall be in full force and effect fron~ the date of execution
of this instrument, and shall continue in full during the
construction of said pipeline and that upon completion, final
inspection, and rccordaticn of notice of completion of said
pipeline, the casement for the temporary working strip hereby
granted and described above, shall cease and terminate, and
become of no further force or effect.
EXHIBIT "B"
bOY. ~ ~oHO. ~ A~L/A HED/OND, q
_ CON_~T~L)CT/OA/Z_,4SE, ffENT
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PROPERTY
No. 41 APPRO/. 20.¢GAC.
CONSTRUCFIOAI DRAWING
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A k'/IOO[4/ EXHIBIT "C"
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