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Reso 0673-10/1983 RESOLUTION NO. 673 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 (SAN MARCOS PARTNERS - OUTFALL INTERCEPTOR LINE - Reference No. 35) 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 September 6, 1983 and continued to 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. 673 , continued Section 8: That the law finn 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: Neport, Mason, Ferguson, Mahr NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: Holm ATTEST: am retary aS%ranMar~ter District -2- EXHIBIT "A" The lands in which said easement of right of way is hereby gran- ted are 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" EXHIBIT "B" ' Parcel 1 A strip of land 10.00 feet in width, the Southerly line of which is described as follows: Beginning 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 above referenced Parcel Map No. 5457 and lying 51.00 feet Northerly thereof measured at right angles thereto as said point of intersect~.'on 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; Thence North 87*52'45" West 212.42 feet to the beginning of a tangent curve concave Northerly and having a radius of 305.00 feet; Thence Westerly along said cu~Fe through an angle of 25*05'32" a distance of 133.57 feet; The Northerly line of said strip shall be foreshortened or lengthened so as to terminate Easterly in the aforementioned Southwesterly line of Rancho los Vallecitos de SAn Marcos and so as t6 terminate Westerly in a line bearing North 05'45'37" West from'the Westerly terminus of the above described Southerly line. Parcel 2 A strip of land 12.00 feet in widLh, the Southerly line of which is described as follows: Beginning at the Westerly terminus of the Southerly line of Parcel 1 above described; Thence South 82°23'04" West to a point in the Northerly line of that strip of land shown on said Parcel Map No. 5457 as "portion of San Marcos Boulevard dedicated hereon." The sidelines of said strip shall be foreshortened or lengthened so as ~o termi- nate Easterly in'Parcel 1 above described and so as to terminate Southwesterly in the Northerly line of said portion of San Marcos Boulevard dedicated on said Parcel Map. CONSTRUCTION EASEMENT REFERENCE PARCEL NO. 35 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 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 pipeling. = Said temporary working strip being described as follows: That portion of Parcel D of Parcel Map 5457, records of San Diego County, California, described as follows: Parcel 1 Commencing at the point of intersection of the South- westerly boundary line of Rancho los Vallecitos de San Marcos with a line parallel with the centerline at San Marcos Boule- vard as s~own on above referenced Parcel Map No. 5457 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 N~rth 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 here-. after 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 Page 1 of 2 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 Point of Beginning. Parcel 2 Commencing at the above described "Point A"; Thence North 29~05'01'' East 14.97 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 ~f 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; Thence South 89°37'34" East 590.28 feet; Thence South 46~25'22" East 14.61 feet; Thence North 89~37'34'' West 601.08 feet; Thence North 87~52'45'' 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 26~21'41'' a distance of 135.73 feet; Thence South 82~23'04'' West 117.58 feet to the Point of Beginning. Page 2 of 2 t80.00 ,cOOT P,/QRIC'IiVG ,ST, eI, R - APP, eOZ 1,20l AC. (NOT I, VCLUDI/VG PORTIONS WtTtBN EASEmENT pAt~CELS t AND __10* TEMPORARY CONSTRUCTION EASEMENT PROPERLY IVQ ~5 p~. 5457 PARCEL ~ -- IO'U~EMEIVT~ ~e ACqUIReD ' PARCEL f ~ECORO DATA · 12'E~SEM F ~ ~E A~UIRED . ~ N 4Z'3Z '~. 206' BY S./~ C.~D. N. ~'19' 50" e. CONSTRUCT/ON D~A~t~S 5H695 35 ~ 3G ASSESSOt?~ PARCEL AI-° ZZI-031- t~, CALCULATED ,zIND COMPILED FROA, f RF=CORD DATA 8. M.C.W.D. LAND OUTFALL /NTERCEPTOF< EASEME:NT PLAT g I