Reso 0642-10/1982 RESOLUTION NO. 642
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
(V-2 Investment 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 transmission
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 is 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 trans-
mission and distribution of natural gas. 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 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.
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.
Resolution No. 642; Page 2
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
with 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 an Section 1240.120 of the Code of
Civil Procedure of the State of California.
Section 8: That the law firm of SMITH & MELTZER, A Professional
Corporation, Attorneys at Law, 751 E. Rancheros Drive, San Marcos, Califor-
nia 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 DIS-
TRICT 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 condem-
nation 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:
397
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 Northeast Quarter of the Northwest
Quarter of Section 23, Township 12 South,
Range 3 West, San Bernardino Meridian.
399
EXHIBIT "B"
The easement in the aforesaid lands shall be 6.00 feet in width,
being 3.00 feet measured at right angles on 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 TRUE POINT OF
BEGINNING of the center line herein
described said TRUE POINT OF BEGINNING
also being point on the arc of a 815.00
foot radius curve concave Easterly; thence
from said TRUE POINT OF BEGINNING
Southwesterly and Southerly along the arc
of said curve through a central angle of
50o55'30'', a distance of 724.38 feet;
thence tangent South 06°13'10'' East,
1184.63 feet.