Reso 0444-09/1976 RESOLUTION NO. 444
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
(Douglas M. Field Land)
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 particu-
larly described.
Section 2: That the public interest, convenience and nec-
essity of the above named County Water District and its inhabitants
demand the acquisition and the 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 des-
cribed 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 the
Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT, after
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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 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
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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, DowandMichel
NOES: DIRECTORS None
ABSTAIN: DIRECTORS None
ABSENT: DIRECTORS Mahr
ATTEST:
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PIPELINE EASEMENT
PARCEL I
Beginning at a point on the Southerly line of the Northerly
418.00 feet of the Easterly 435.00 feet of the Southwest
Quarter of the Southwest Quarter of said Section 24 distant there-
from N89°21'34" East 107.66 feet to the Southwesterly corner
thereof. Thence S17°35'59" East 111.17 feet; thence S06~37'15''
West 112.75 feet; thence S55°18'18'' East 11.70 feet to a point
in the Southerly line of the Northerly 643.00 feet of the
Easterly 435.00 feet of the Southwest Quarter of the South-
west Quarter of said Section 24;
The sidelines of said easement shall be foreshortened or
lengthened so as to terminate Northerly in the Southerly line
of said Northerly 418.00 feet and Southerly in the Southerly
line of said Northerly 643.00 feet.
TEMPORARY EASEMENT
PARCEL II
A temporary construction easement 40.00 feet in width lying
westerly of and contiguous with the Westerly sideline of
Pipeline Easement hereinabove described.
EXHIBIT A