HomeMy WebLinkAbout1958-04-25; Municipal Water District; Resolution 79A RESOLUTICII IIEPEWIDTG AND DIECULRIHG THAT THE PUBLIC Ill'lWEST, C0IWE"CE AND HEGESSITP
OF TfB CARLSBBD MUHICIPAZ WATER MSTRICT FEQUm TEE COBSTRUCTICli'l, OPERATION AND MAlUTEL
AlOCE OF PIPE LIl!ES, RESERVOIRS, FACILITIES AND APPuRTElW~S UF'm CERTAIN IAliD6 LOCATED
WITHIR TllE DISmICT IN TIB CouloTp OF SAN DIEGO, STATE OF CALIFclRNIA, AND THAT THE PUBLIC IIW!EREST, COPWENIENCE AND HEEESSITY DEXAKD TAE ACQUISITICW OF FUGWS-m-VAY, EASEIBHTS AND LANDS FOR SAID PIPE LIHES, RESERVOIRS, FACILITIES AND APPURTENANCES "ERETO AND E- CLARIIG THE INTENTION OF SAID CARLSBBD MUNICIPAL WATER DISTRICT TO ACQUIRE SBID IUGRTS-CF- UAY, EAsEWmS AND LANDS UTJIER EMINENT DOMAfH PROCEEDINGS AND DIRECTING THE CARLSBAD I4DL
ICIPAL WATER DISTRICT'S A!C!PORHEY TO COMM2TCE AN ACTION IM THE SPERICR COURT OF THE STATE
OF CALIFORNIA, IN ANTI FOR THE COUXTY OF SAN DIEGO, FOR THE PUFPOSE OF COEmEMIING SAID LANDS.
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BF, IT RESOLVED BY THE BOARD OF DIRECTORS OF CBRLSBAD MUNICIPAL WA'PER DISTRICT AS FOLLOWS:
1, a municipal water district organized and existing under the lrhnicipal Water District Act of 1911, as amended, and the inhabitants thereof, require the eonstructian, operation and main- tenance of pipe lines, reservoirs, facilities and appurtenances upon certain land Inemb- after more particularly described; said lands located within Imprt.avemnt District No, 2 of the Carlsbad Munlcipal Water District and said lands located within the bmty of SWB Diego, State of California,
That the public interest, comdence and neaessity of CARISBAD MUNICIPAL WATER DISTRICT,
2. That the public interest, ccmmnience and aboessity of said Carlsbad Municipal Ma* District and the inhabitants thereof de- the acquisition and taking of rights-of-way, easements and lands for the construction, operatiaol and maintenance of said pipe IlPes,
reservoirs, facilities and app~rtenances.
3, That the taking and acquiring by said Carlsbad bicipal Water dstrict of the rights- ofivay, ememnts and lands and property hereinafter descl.iM is deemed necessary for the
construction, operation and maintenance and the replacement of said pipe lines, reservoirs,
faeilities and appurtenances.
4. Carlsbad Municipal Water District conderm and acquire said rights-of-wey, sasamnts and land,
5. That the law firm of SMITH and SWIRSRS, Attornep at Law, be and they are hererbp. a-
thorised and directed t~ comnence an action in the Superior Court of the Stab of Cdifornia, in and for the County of Saul Die*, in the name of and on behalf of the Carlabad Municipal
Water Dfstrict against all owaers and claimsit? of the heminafter described properties for the use of said Ca~lsbad Municipal Water D strict; that said condenmatian aetian shall
be proaeeuted in accordance with the provisions of law applicable Wereto. attorneys are authoris& and instructed to make application to said Court for an order fixing the amount of security, bs. way of money deposita, and said Court may direct, and for dvi order permitting the Carlsbad Municipal Water D strict to take immediate possession
and use of said real woprty.
6. That the property to be taken by said Carlsbad MmicQml Water District includes the f ollowinglt
That such use is a publia use and that for such publit use it is necessary that said c-
That said
PARCEL "An (FOR RESERVOIR SIB)
A fee interest in aad to the follaJing desicrribed real property situated in the County of
Ssn Rego, State of California, particularly desdbed a8 follawat
That portion of the North Ralf of the Southwest Quarter of the Southeast Qtlartsr of Section
22, Tawnship 12 South, Range 4 West, San FMmwdim %ridian, deaeribd as f'ollawa:
I ' BelJfnning at the South Quarter camnor of mid Section 22, theme Northerly along the Iorth- South center line of said Section 22 North 2 18*55rWest ma037 feet to the hus Poiat of Beginning; tbnee South 89 55'47w East 250,OO feet; theme South 0 O4'W West 390.00 feet; thenae North 87 53Wm West 235.9 feet to a point in errrid Nerth~South center&@; thenee Norther* along said North-Seath centerline 3u.m feet, mre or less, to the Ruc, Point of Beginning, containing 1.93 acmes, mre QT lees.
TOGETIIER with the right to spill water into the natural drainage swale which crosses the
Easterly bouadary of the above described parcel.
An eesenmnt and right of way 30 febt in width in, upan, mr, under and aaross the land$ hereinaf'ter described, k, ere& ccmsfiruct, reconstruut, replaw, repair, maintain and
use a pipeline or pipelbe8 for any and zall purposes and allso undergromrd conduits and cables far telephone, si@, and eopaamicathm purposes, together with their necessary fixtures and appurtenances at such locations and elevations, upon, dong, over and under the hereinafter described rightaf-my as Catrlsbad Manidpal Wabr DIsMct my llow or
hereafter deem convenient and nece8- from tba to timre, together with the right of ingress thereto and egresra thcwefmm, to and alq said right-of-way by a practical route
or routes in, upon, over and mross the hereinafter described lands, together with the
right to claw 8.hd keep clear said rightof-way hm explosives, buildingrs and struct~z%s.
The lands are situated in the County of San Diego, State of California and are particular-
ly derperibd as followat
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The South Bau of the 2Jartlrasast Quarter of the Sontheast Bnarter of the Southwest Quarter,
and the North Half of the Ebuthwest Quarter of the southeast Quarter of Section 22, Tows- rhip U South, Range 4 West, Sari Bernauullrr, Meridian, in the Cowrty of Sen Mego, State of Oalifornia, acaording to United States Governnent Sumaye
Beginning at the South Quarter Comer of Section 22, Township 12 South, Range 4 West, an Bernasdino &midian, aaoording to Rmord of survey Hap No. 584, as filed in the
office of the CBVunty IEeGorder of Sa Diego County, California, April 29, 1937; thenee
North 1 511UW West lO56.06 feet to the TRUE POm OF BEGINNING; thenee South 89 55'47" East 93.64 feet to the beginning. of a tangent csumre) concave Northerly, having a mdi- of 500 feet; thence Easterly along said mrm through a aentral angle of 34 1690" an arc distance of 299.11 feet; thence tangent to said curve North 55 39Il'P' East me% feet to the beginning of a tangent curve, eoncam Sautherly, having a radius of 930 feet; thence Easterly along said 8wx-m through a central angle of 27 l4'Qw an arc distance of 237.75 feet; thence tangent to &d cume North 82 53'57W East lOl6.03 feet to the begi0- ning of a tangent cm, concave southerly, having a radius sf 930 feet; thence EarterRy
along said curre through an central angle of 32 4.6'0Ow an aro distance of 285.95 feet;
thence tangent to said curve South 64 P'03a East 609.67 feet to the beginning of a tangent mrw, concave Northerly, having a radius of 600 feet; thence Easterly along edd
curvd through a eentrd angle of 26 lQWQw an arc distance of Z4.06 feet; thence tangent
to said curve North 89 29157" East 576.92 feet. tion being the South line of said Section 22 as shown on said Record of Survey No. 584; Le., South 87 5103" East.
The basis of bearings for this descrip-
PARCEL WCw (FOR FYXUUHW PIPE LIm EILSMWT)
An esrsement and righhfaay 30 feet in width in, upon, over, under, and across the lands
hereinafter described, to emat, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes and also underground conduits and Gables for telephone, signal, ard Mcation purposes, together with their necessary fixtures and appurtenancss at suuh lacations and elevations, upon, alcmg, mer and under the hereinafter desaribed rightof-way as Carlabad Municipal Water District may now or hereafter deem corrvenient rind newssary from tim to tirae, togsther with the rig;ht of
ingress thereto and egress themfkom, to and along said rightof-way by a practiual roub or routes in, upon, Over and across the hereinafter described lands, together with the right to clear and keep clear said right-of-way fkonexplosfve~, buildings and structures.
The lands are sftuated in the mty of San Diego, State of CaHfornita, and are particular-
ly desoribd as follows:
The North Half of the Rortheast harter of the Southeast Quarter of the Southwest Quarter of Secttion 22, Township 12 South, Range 4 West, San MmmxUrm Yerldian, in the County of San Mego, State of California, according to United States Governarsnt Survey.
Beginning at the South barter Corner of Seation 22, Township 12 South, Range 4 West, San Bernardho Eksridian; according to Record of Surve~ Mtp &. 584 as filed in the office of the County Recorder of Ssn Mego Cuunty, California, April 29, 1937; thence North 1 51UW West 3356.06 feet to the l"E POIW. OF BEGIXNINff; thence Horth 89 55847" West 1286.55 feet to the beginning of a tangent CU~VB, concave mtbru, having a radius of 1,000 fed; thence Westerly along said curve through a central angle of 21, 30'38" an arc distance of 427.79 feet; thence tangent to said mrve South 65 33'35" Weat 1022.30 feet to the
beginning of a tangent curvs, cormam Southerlr, having a radius of 1,OOO feet; thence
Southerly along said m through a central angle of 34 08'80W an arc1 distance of 246.67
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feet; thenee tangent to said curve Sauth 51 25'35" West 349.64 feet to the beginning of a tangent curm, ooncave Northerly having a radius of 500 feet; thence Westerly alang
said curve through a cenhml angle of 38 30' 30w an arc &shoe of 335.98 feet; thenee tangent to said ~11178 South 89 %WJW West 309.27 feet.
The basis of bedngs for this desoription being the South line of said Seetian 22 as shown on said Receml of Survey No* 584; i.e., South 87 51*00w East.
CBRLsBdD IkJIlICIPAI, W&'ER DISTIUCT ATTEST:
STA'pli: OF CILLIFORNIA:
COUNlT OF SAH DIEGO: t EHI.
I, MAX 0. EWALD, Secretary of the Board of Directors of Carlsbad Mvlioipal
Water District, do hereby certify that the foregoing resolution was duly adopted the Board of Directors of said District at a speeial aeetimg of raid Baard held on the 25th
day of April, 1958, and tbat it was so adopted ty the following rollcall vote:
- AYES2 IIIRECTORSr EWALD, FFtY, GI?EEK, KELLY, PAm
KES: DIRECTORS: BO#E ABSENTt DII(ECT0RSr IQUJ
I Sem.t;ary of the Board of Dtm ctors CARLSBAD MTWICIPAL WATER DISTRICT