Reso 0643-10/1982 401
RESOLUTION NO 643
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
(Cerros Del Pacifico)
Easement
- 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
SAN MARCOS COUNTY WATER DISTRICT and the inhabitants thereof require the
construction, operation and maintenance of facilities for transmission and
distribution of natural gas 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 in said lands
for the construction, operation and maintenance of facilities for transmis-
sion and distribution of natural gas.
Section 3: That the property over which right-of-way is to be
taken by said SAN MARCOS COUNTY WATER DISTRICT hereinafter referred to, is
in the County of San Diego, State of California, and its described in
Exhibits "A" and "B" attached hereto and made a part hereof by reference
thereto.
Section 4: That immediate possession shall be taken of the
right-of-way described in Section 3 hereof.
Section 5: That the taking and acquiring by said SAN MARCOS
COUNTY WATER DISTRICT of the right-of-way herein described is deemed to be
necessary for the construction, operation and maintenance of facilities for
the transmission and distribution of natural gas. That the Board of Direc-
tors 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 4, 1982, 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" and "B" hereto.
403
Resolution No. 643, Page 2
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 and facilitate water supply
within the SAN MARCOS COUNTY WATER DISTRICT.
Section 7: That the taking of property necessary to carry out the
business of the District is authorized by the provisions of Section 71693 of
the Water Code of the State of California and Section 1240.120 of the Code
of Civil Procedure of the State of California.
Section 8: That the law firm of SMITH & PELTZER, A Professional
Corporation, Attorneys at Law, 751E. 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 right-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 this 4th day of October, 1982, by the
following roll call vote:
AYES: Directors: Newport, Mason, Holm, Ferguson, Mahr
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
ATTEST:
ar~t~~~tMarc°s
405
EXHIBIT "A"
The property in which this easement and right-of-way is hereby
granted is situated in the County Of San Diego, State of California,
described as follows:
The Southeast Quarter of the Northwest
Quarter of Section 23, Township 12 South
Range 3 West, San Bernardino Meridian.
407
EXHIBIT"B"
The easement in the aforesaid lands shall be 6.00 feet in width,
being 3.00 feet measured at right angles in each side of the following
described center line:
Commencing at the Southeast corner of Lot
1 in Block 65 of Rancho Los Vallecitos de
San Marcos, according to Map thereof No.
806, filed in the office of the County
Recorder of said County of San Diego, Said
corner also being corner No. 17 of said
Rancho Los Vallecitos de San Marcos;
thence along the Easterly line thereof
North 09o20'00'' East, 502.66 feet; thence
leaving said Easterly line South 44o42'20''
West, 991.30 feet to the beginning of a
tangent 815.00 foot radius curve concave
Easterly; thence Southwesterly and
Southerly along the arc of said curve
through a central angle of 50o55'30'', a
distance of 724.38 feet to the TRUE POINT
OF BEGINNING of the center line herein
described; thence from said TRUE POINT OF
BEGINNING South 06°13'10'' East, 1184.63
feet to the beginning of a tangent 1015.00
foot radius curve concave Easterly; thence
Southerly and Southeasterly along the arc
of said curve through a central angle of
11o42'20'', a distance of 207.37 feet;
thence tangent South 17o55'30'' East,
259.21 feet; thence South 62o55'30'' East,
35.36 feet; thence South 17o55'30'' East,
332.20 feet; thence South 21o27'30'' West,
249.36 feet.