Reso 0446-09/1976 RESOLUTION NO. 446
RESOLUTION OF THE BOARD OF DIRECTORS OF SAN
MARCOS COUNTY WATER DISTRICT AUTHORIZING AND
DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA
(Glen Echo Land and Development 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 transmission 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 inhabi-
tants demand the acquisition and taking of said lands for the con-
struction, operation and maintenance of facilities for transmission
and distribution of water.
Section 3: That 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 California, and is
described in Exhibit "A" attached hereto and made a part hereof by
reference thereto.
Section 4: That immediate possession shall be taken to
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 the distribution of water. That
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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 September 7,
1976, 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 Exhibit "A" hereto.
Section 6: That the Board of Directors finds that:
6.1 The public interest and necessity re-
quire 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 authorized 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 and for the County of San Diego, in
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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 20th day of September ,
1976, by the following roll call vote:
AYES: DIRECTORS Blanchard, Vanderbeck, Dow and Michel
NOES: DIRECTORS None
ABSTAIN: DIRECTORS None
ABSENT: DIRECTORS Mahr
ATTEST:
PIPELINE EASEMENT
PARCEL I - Glen Echo Land & Development
The Northerly 30.00 feet of the Westerly 55.00 feet of the
Southeast One Quarter of the Northeast One Quarter of Section 13,
TllS, R3W, S.B.B.M.
Containing 0.04 acres more or less.
ROAD/ACCESS EASEMENT
PARCEL II - Glen Echo Land & Development
The Southerly 40.00 feet of the Northerly 70.00 feet of the
Westerly 55.00 feet of the Southeast One Quarter of the
Northeast One Quarter of SEction 13, Township 11 South,
Range 3 West, S.B.B.M.
Containing 0.05 acres more or less.
EXHIBIT A