Reso 0445-09/1976 RESOLUTION NO. 445
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
(Jones 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 nec-
essity 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 the taking of said lands for the
construction, operation and maintenance of facilities for trans-
mission 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 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
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 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 Blancard, Vanderbeck, Dow and Michel
NOES: DIRECTORS None
ABSTAIN: DIRECTORS None
ABSENT: DIRECTORS Mahr
ATTEST:
PIPELINE EASEMENT
PARCEL I
That portion of the Southeast Quarter of Section 12, Township 11
South, Range 3 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to official plat thereof:
Beginning at the Northwest corner of the Southwest Quarter of the
Southeast Quarter of said Section 12, thence South 88°57'54'' East
30.00 feet; thence South 00~38'33" East 29.57 feet to a point in
the Southerly line of subject ownership thence along said Southerly
line North 87~08'59'' West 30.04 feet to the Westerly line of the
Southwest Quarter of the Southeast Quarter of said Section 12,
thence along said West line North 00°38'33" West 38.62 feet to the
POINT OF BEGINNING.
TEMPORARY EASEMENT
PARCEL II
All that portion of the Southeast Quarter of Section 12, Township
11 South, Range 3 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to official plat thereof,
described as follows:
Beginning at the Northwest corner of the Southwest Quarter of the
Southeast Quarter of said Section 12; thence N00°38'33" West, 40.00
feet; thence S88°57'54'' East, 70.00 feet; thence S00~38'33'' East,
80.84 feet, to a point on the Southerly line of the subject owner-
ship, thence along said Southerly line N87°08'59" West, 70.09 feet
to the Westerly line of the Southwest Quarter of the Southeast Quarter
of said Section 12; thence along said Westerly line and the Northerly
prolongation thereof N00°38'33" West, 78.62 feet to the point of
beginning:
Excepting therefrom the hereinbelow described lands:
Beginning at the Northwest corner of the Southwest Quarter of the
Southeast Quarter of said Section 12, thence South 88°57'54" East
30.00 feet; thence South 00o38'33" East 29.57 feet to a point in
the Southerly line of subject ownership thence along said Southerly
line North 87°08'59'' West 30.04 feet to the Westerly line of the
Southwest Quarter of the Southeast Quarter of said Section 12, thence
along said West line North 00~38'33'' West 38.62 feet to the POINT
OF BEGINNING.
EXHIBIT A