Reso 0671-10/1983 RESOLUTION NO. 671
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. 16)
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 September
6, 1983 and continued to October 3, 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. 671, 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 3rd day of October, 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:
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RESOLUTION NO. 671
EXHIBIT "A"
The lands in which said easement of right of way is hereby
granted are situated in the County of San Diego, State of
California, and are particularly described as follows, to wit:
Parcel 1 of Parcel >lap No. 1763 filed in the Office of
the Count}' Recorder of San Diego County, State of
California, on Jul}- 20, 1973 as Document No. 202022.
EXHIBIT "A"
RESOLUTION NO. 671
EXHIBIT "B-1"
Said easement of right-of-way in the aforesaid lands is
particularly described as follows:
A strip of land 10.00 feet in width, the Southerly line
of said strip being the Northerly line of that
easement, 20.00 feet in width, granted to the San
Marcos County Water District and described in Document
No. 15564, recorded January 27, 1969 in Series 10 Book
1969 of the official records of the County of San
Diego, State of California.
The sidelines of said strip shall be foreshortened or
lengthened so as to terminate Easterly in the Easterly
line of the lands first above described.
EXCEPTING th~refrom that portion thereof not lying
v;ithin the lands first above described.
EXHIBIT "B-I"
RESOLUTION NO. 671
CONSTRUCTION
EASEMENT
REFERELCE PARCEL NO. 16
An easemcut for a tcmporary 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 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 temporarv working strip being described as fol-
lows:
Two strips of land 15.00 feet of even width, said 15.00
foot strips of land lying on each side of that easement
described in deed to the San Marcos County Water District
recorded January 27, 1969 in Series 10 Book 1969 of the
Official Records of the County of San Diego, State of Cali-
fornia as Document NO. 15564. Excepting from said temporary
Page 1 of 2
EXHIBIT "B-2"
· '- RESOLUTION NO. 671
working strip ti~at ~ortion thereof which lies within the
10.00 foot easement of right-of-way first above described.
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 a?~Dve described temporary working strip
shall be in full force and effect from the date of execution
of this instrun~ent, and shal 1 continue in ful 1 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 granted and described above, shall cease and termi-
nate, and become of no further force or effect.
Grantee hereby indemnifies and holds harmless Grantor
~ from and agai.'.~.st any and all obligations, claims and liabil-
ities, liens, d.ey.~ages, expenses Qr costs (including, without
limitation, reasonable attorneys' fees) arising out of or in
connection with. any claim based upon the exercise by Grantee,
or its agents or invitees, of its rights with respect to the
above descrilzed temporary working strip contained herein.
EXIIIBIT "B-2"
Page 2 of 2
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