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Reso 0674-10/1983 RESOLUTION NO. 674 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 (MAYSAK INVESTMENT CORPORATION EASEMENTS - OUTFALL INTERCEPTOR LINE - Reference No. 42) 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 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. -1- RESOLUTION NO. 674 , 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 17th day of October , 1983, by the following roll call vote: AYES: Directors: Mason, Newport, Ferguson, Mahr NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: Holm San Marcos County Water District ATTEST: a F. Mc. Kay ecretary -2- EXHIBIT A The lands in which said uasement of right of way is hereby granted are situated in the County of San Diego, State of California, and ,ire particularly described as follows, to wit: The Northwest Quarter of the Southwest Quar'ter of Section 23, Townshjp 12 South, Range d West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, and being more particularly described by metes and bounds as Beginning at the Northwest corner of said Section 23, as shown on Record of Survey Map No. 6269, filed in the office of the County Recorder of San Diego County, September 25, ]963; thence along the Westerly line of said Section 23, South 00°00']1" East, 117].08 feet to the Southwest corner of said Northwest Quarter of the Southwest Ou,~rtur; thence a]ong the boundary of said Northwest Quarter of the Southwest Quarter as follows: North 89o54'45" East, 1348.31 feet to the Southeast corner of said Northwest Quarter of the Southwest Quarter; and North 00000'22" West, 1169.91 feet to the Northerly line of said Section 23; thence along said Northerly line South 89°57'43'' West, 1348.24 feet to the Point of Beginning. PARCEL I The lands in which said easement of right of way is hereby 'granted are situated in the County of San Diego, State of C~lifornia, and are particularly described as follows, to wit: The Northwest Quarter of the Southwest Quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Dieg6, State of California, according to the Official Plat thereof, and being more particularly described by metes and bounds as follows: Beginning a[ the Northwest corner of said Section 23, as shown on Record of Survey Map No. 6269, filed in the office of the County Recorder of San Diego County, September 25, 1963; thence along the Westerly line of said Section 2], South 00°00'11'' East, 117].08 feet to the Sout]~west corner of said Northwest Quarter of the Southwest Quartc~r; thence along the boundary of said Northwest Quarter uf the Southwest Quarter as follows: North 89°54'45" East, 1348.31 feet to the Southeast corner of said Northwest Quarter of the Southwest Quarter; and North 00000'22" West, 1169.91 feet to the Northerly line of said Section 23; thence along said Northerly line South 89°57'43" West, 1348.24 feet to the Point of Beginning. Said easement of t'ight-of-way in the aforesaid lands is particularly describod as follows: That portion of the Northerly 20.00 feet of the lands first above described which lies Easterly of the following described line: EXHIBIT "B" Beginning at a [~oint in the Northerly line of the lands first above described distant thereon South 89026'43" East 755.04 feet from the Northwest corner thereof; Thence South 57°55'47'' East. EXIIIBIT "B" CONSTRUCTION EASEMENT REFERENCE PARCEL NO. 42 An eascmLu~t 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 occup~ said tem- porary working strip for the purpose of constructing a pipe- line, and any and all appurtenances incideneal thereto, within the above described easement of right-of-way. Said temporary working strip shall incldde 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, duems necessary for the construction of said pipeline. Said tcmporary working strip being described as follows: That portion the Southerly 10.00 feet of the Northerly '30.00. feet of the Northwest Quarter of the Southwest Quarter of SectiOn 23, 'Fownship 12 South, Range 4 West, San Bernardino Meridian in the County of San Diego, State of California, according to the official plat thereof, lying Easterly of the following described line: Beginning at a point in the Northerly line of said Northwest Quarter of the Southwest Quarter distant thereon South 89°26'43" East 755.04 feet from the Northwest corner thereof; Thence South 57°55'49" East. It is 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 from 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 recordation of notice of completion of said pipeline, the easement for the temporary working strip hereby EXHIBIT "B" Page 1 of 2 9/29/83 granted al~,] =!e'_:{r~ribod above, shall cease and terminate, and become of no 'I u~ ther for~.e or effect. Page 2 of 2 9/29/83 · ~ 2'0. O0 FOOT E'ASEM_f'NT TO t~E ACG~UII~D ~Y S.M .C.I,V:.O. SCALa: .' I"= 4'00 APP,qO,,K. ,~.,f ,~ XiC. , --CONST,~Y.,ICTION EASEiYIEArT' I0. O0 FOOT H/O,~K/N6 57'teVP. APP, qOX:. 0.14 AC. 5. Z}OV. ,_ 755.04' .~HO.' A 6UA HEDIONDA · 9,~,,5,., , /346.3I' ' P,~OP/SfaTy ,~EFE~oENCE No. 42 APPI~OX. J6.?OAC. CONSF, qUCT/OIv' DRAWIA/6 5t-/EET NO./6 A 55E550t~ 3 PH,~CEL A/o. 215- 020- 0 / C,4LCLILATED AND COAIP/LED FA~Ohl RECORD DATA S. A~. C ~ ~ LZND OUTF~L L/NrE~OEPTOR EA 5E~ENT PLAT ~ M~ YS'H k/ IN VE 5TMENT CO~PO~ T/ON A CHL/FORMIA CORPORATION EXHIBIT "C"