Reso 0456-07/1977 RESOLUTION NO. 456
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
(Avedian-Barberio Property)
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 trans-
mission and distribution of water 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 County Water District and its inhabitants demand
the acquisition and the taking of permanent and temporary easements in
said lands and the taking of a parcel of said lands for a tank site for
the construction, operation and maintenance of facilities for transmission
and distribution of water.
Section 3: That the property to be taken and the property over
which rights-of-way are to be taken by said County Water District,
hereinafter referred to, is in the County of San Diego, State of Calif-
ornia, and is described in Exhibit "A" attached hereto and made a part
hereof 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 by said County Water
District of the rights-of-way herein described is deemed to be necessary
for the construction, operation and maintenance of facilities for the
transmission and distribution of water. 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 July 5, 1977, wherein all persons entitled to
appear and be heard were afforded an opportunity to be heard on the
-1-
Resolution No. 456
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 Exhibit "A" hereto.
Section 6: That the Board of Directors finds that:
6.1 The public interest and necessity require
the project.
6.2 The 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 sought to be acquired is
necessary for the project.
6.4 That the property sought to be acquired
is necessary to carry out the business
of the District.
Section 7: That the taking of property necessary to carry out
the business of the District is authroized by the provisions of Section
31040 of the Water Code of the State of California.
Section 8: 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 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 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 5th day of July, 1977, by the
following roll call vote:
AYES: Directors: Blanchard, Mahr, Michel
' NOES: Directors: None
ABSTAIN: Directors: Dow
ABSENT: Directors: Vanderbeck
-2-
EXHIBIT "A"
The North Half of the Southeast Quarter of Section 11, the
Northwest Quarter of the Southwest Quarter and the Southeast
Quarter of the Southwest Quarter of Section 12, and the North-
west Quarter of the Northeast Quarter of Section 13, all in
Township 11 South, Range 3 West, San Bernardino Meridian, in
the County of San Diego, State of California, according to the
official plat thereof.
Parcel 1.
An easement 30.00 feet in width, the centerline of which is
described as follows:
Beginning at a point on the Southerly line of the Northwest
Quarter of the Southwest Quarter of said Section 12, distant
thereon S88°57'54'' E, 15.00 feet from the Southwest corner
thereof; thence N00°36'58" East 544.22 feet; thence N44~02'23"
West 201.62 feet to a point on the Northerly line of the South-
erly half of the North half of the Southeast Quarter of said
Section 11; thence along said Northerly line N89~58'09" West
2478.93 feet to the westerly line of the Southeast Quarter of
said Section 11.
Parcel 2.
The Northerly 30.00 feet of the Southeast Quarter of the
Southwest Quarter of said Section 12.
Parcel 3.
The Westerly 30.00 feet of the Northwest one quarter of the
Northeast one quarter of said Section 13.
The location of easement No. 1 through No. 3 hereinabove
described to be based in part on the position of the Southwest
corner of said Section 12 as shown on parcel Map No. 2029
filed in the office of the County Recorder of San Diego County
November 1, 1973.
Resolution No. 456
SAN ~e~OS COUNTY WATER DISTRICT
ATTEST:
STATE OF CALIFORNIA)
) ss
County of San Diego)
I, JAMES F. McKAY, Secretary of the SAN MARCOS COUNTY WATER
DISTRICT do hereby certify that the foregoing is a true copy of Resolu-
tion No. 456 adopted by the Board of Directors of SAN MARCOS COUNTY
WATER DISTRICT at a regular meeting of the Board of Directors on
Tuesday, July 5, 1977, which Resolution is part of the official records
of the SAN MARCOS COUNTY WATER DISTRICT.
DATED: July 5, 1977.
JAMES F. McKAY, Secretary, Board
of Directors, SAN MARCOS COUNTY
WATER DISTRICT
-3-