Reso 0641-10/1982 RESOLUTION N0. 641
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
(Prohoroff Poultry Farms, a Limited Partnership, 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 con-
struction, operation and maintenance of facilities for transmission and dis-
tribution 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 lease 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 evi-
dence, oral and documentary, presented at the said hearing, finds that:
6.1 The public interest and necessity require the
proposed project.
Resolution No. 641, 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 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, 751 E. Rancheros Drive, San Marcos, California
92069, be and is hereby authorize~ 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:
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:
That portion 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 and that portion of
Lot 2 within Section 14, Township 12 South, Range 3 West, San
Bernardino Meridian, described in Deeds recorded Spetember 25, 1980,
at Recorder's File/Page No. 80-313033 and recorded September 25, 1980,
at Recorder's File/Page No. 80-313035 both of Official Records of
said County of San Diego.
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EXHIBIT"B"
The said easement in the aforesaid land shall be 6.00 feet in
width, being 3.00 feet measured at right an~l'es on each side ofthe
following described center line:
Beginning at a point on the Easterly line
of said Lot 1 in Block 65 of Rancho Los
Vallecitos de San Marcos, distant thereof
North 09°20'00'' East from the Southeast
corner of said Lot 1, Said Southeast
corner also being corner 17 of said Rancho
Los Vallecitos de San Marcos; thence from
said POINT OF BEGINNING South 44o42'20''
West, 991.30 feet to the beginning of a
tangent 815.00 foot radius curve concaved
Easterly; thence Southwesterly and
Southerly along the arc of said curve
through a central angle of 50o55'30'', a
distance of 724.38 feet.