Reso 0370-07/1973 RESOLUTION NO. 370
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN MARCOS COUNTY WATER DISTRICT AUTHORI-
ZING AND DIRECTING THE CONDEMNATION OF
CERTAIN REAL PROPERTY SITUATED IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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, a state agency of
the State of California, and the inhabitants thereof require the
construction, operation and maintenance of facilities for col-
lection and treatment of sewage, facilities and appurtenances
upon certain lands in the County of San Diego, State of Califor-
nia, hereinafter more particularly described.
Section 2: That the public interest, convenience and
necessity of the above-named county water district and its in-
habitants demand the acquisition and taking of Said lands for
the construction, operation and maintenance of facilities for
collection and treatment of sewage, facilities and appurtenances.
Section 3: That the property over which rights of way
are to be taken by said county water district, hereinafter refer-
red to, is in the County of San Diego, State of California, and
is described in Exhibit "A" attached hereto and made a part here-
of 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 of said
county water district of the rights of way herein described is
deemed to be necessary for the construction, operation and main-
tenance of facilities and appurtenances for the collection and
treatment of sewage. Said use is a public use and that for said
public use it is necessary that said county water district condemn
and acquire said rights of way.
RESOLUTION NO. 370
EXHIBIT "A"
DESCRIPTION:
In the State of California, County of San Diego, all that
portion of Lots 1 and 2 in Block 54 and of Lot 9 in Block 22,
of the Rancho Los Vallecitos de San Marcos, in the County of
San Diego, State of California, according to Map thereof
No. 806, filed in the Office of the County Recorder of said
San Diego County, December 21, 1895, described as follows:
Beginning at the most Westerly corner of said Lot 2; thence
South 62°15'00'' East along the Northeasterly line of said
Lot 2 a distance of 767.28 feet to the TRUE POINT OF BEGIN-
NING; thence leaving said Northeasterly line South 25°18'00''
West, 526.78 feet to a point in the Southwesterly line of
said Lot 9, being also the Northeasterly line of the Atchison,
Topeka and Santa Fe Railroad Right of Way, distant thereon
South 60°39'00'' East, 288.10 feet from the Southwesterly
corner of said Lot 2; thence along said Southwesterly line
of said Lot 9 South 60~39'00'' East, 362.60 feet; thence
leaving said Southwesterly line North 27°45'00'' East, 536.42
feet to the Northeasterly line of said Lot 1; thence along
said Northeasterly line North 62015'00" West, 384.87 feet to
the TRUE POINT OF BEGINNING.
VESTEE:
EXCEL-MINERAL COMPANY,
by deed executed by ROBERT E. CAMPBELL,
recorded January 20, 1971 as File No. 11717 IRS: $2.80.
-3-
Resolution No. 370
Section 6: That the Law Firm of SMITH & PELTZER,
Attorneys at Law, 365 East Broadway, Vista, California 92083,
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 claim-
ants of the above-described rights of way for the purpose of
condemning and acquiring said rights 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 16th day of
July , 1973, by the following roll call vote:
AYES: Directors:Dutton, Vanderbeck, Dow, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
Presi~e~n of the Board of Directors
SAN MARCUS COUNTY WATER DISTRICT
ATTEST:
-2-