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Reso 0965-05/1994 RESOLUTION NO. 965 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT DETERMINING AND DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF REAL PROPERTY FOR A RESERVOIR FACILITY AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN WHEREAS, it is proposed that the Vallecitos Water District will acquire the real properties as shown on attached Exhibit "A", for the purpose of providing a reservoir facility in the unincorporated area of the County of San Diego (San Marcos); and WHEREAS, the Vallecitos Water District may exercise in its own name the right of eminent domain for the acquisition of real properties or interest therein for use as a reservoir facility pursuant to Water Code section 31040 and Code of Civil Procedure sections 1240.010, 1240.110, and 1240.120; and WHEREAS, the real properties or interests therein sought to be acquired are necessary for the proposed project; and WHEREAS, the Vallecitos Water District has established the amounts which it believes to be the just compensation for properties or interests therein sought to be acquired as determined by an independent appraiser; and WHEREAS, the Vallecitos Water District has offered to the owners of said real properties or interests therein the full amounts established as just compensation for each of said real properties or interests therein sought to be acquired; and WHEREAS, the Vallecitos Water District has provided said owners of said real properties or interests therein a written statement of and summary of the basis for the amount established as just compensation for each of the real properties or interests therein sought to be acquired; and WHEREAS, the owners of the real properties or interests therein sought to be acquired have refused the offer of the amounts established by the Vallecitos Water District as just compensation for each of such real properties or interests therein; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure section 1245.235, the owners of the real properties or interests therein sought to be acquired whose names and addresses appear on the current equalized County assessment roll have been sent a Notice of Intention to Adopt a Condemnation Resolution and have been provided with an opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure section 1240.030. NOW, THEREFORE, BE IT RESOLVED that this Board finds and determines and hereby declares as follows: The public interest and necessity require the acquisition and development, by the Vallecitos Water District, of the proposed reservoir facility. Resolution No. 965 The proposed reservoir facility is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. The real properties or interests therein described in Exhibit "A" are necessary for the proposed reservoir facility. The use of all and each and every part of said properties or interests therein for the use and purpose of a reservoir facility is a public use and a use authorized by law. The public interest and necessity require that there be taken and acquired in fee title, for reservoir purposes, the parcels of real property described in Exhibit "A". BE IT FURTHER RESOLVED by this Board that all appropriate officers, representatives, and attorneys are authorized and empowered and directed in the name of the Vallecitos Water District such suit or suits in the proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said properties for a reservoir facility. PASSED, APPROVED, AND ADOPTED at a regular meeting held on this 18th day of May 1994 by the following roll call vote: AYES: Cruz, Ferguson, Gregoryk, Mason NOES: Newport ABSTAIN: ABSENT: Mike Gregoryk, President Board of Directors Vallecitos Water District ATTEST: William W. Rucker, SeCretary Board of Directors Vallecitos Water District DESCRIPTION OF THE PROPERTY TO BE ACQUIRED The property to be acquired is a fee single interest in approximately 29.32 acres which can be legally described as follows: A portion of the Northeast Quarter of the Northeast Quarter of Section :22, Township 11 South. Range 3 West, San Bemardino Base and Meridian, in the County of San Diego, State of California, according to the official plat thereof more particularly described as follows: Beginning at the Northeast corner of said Section :22; thence along the northerly line of Section 22 South 87°42'26' West 1195.7:2 feet to the Northwes~ corner of the Northeast quarter of the Northeast Quarter of Section 22: thence along the westeriy line thereof South 0°59'16' East :2:21.1:2 feet to the TRUE POINT OF BEGINNING; thence North 88°41 '42' East 436.46 feet; thence South 1 °18'18' East 38.00 feet; thence North 88°41 '42' East 760.95 feet to the east line of Section 2:2: thence along said east line South 01 °:27'25' East 1047.44 feet to the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 2:2: thence along the southerly line thereof South 88°33'37' West 1:206.31 feet to the Southwest corner of the Northeast Quarter of the Northeas~ Quarter of Section 22; thence along the westerly llne thereof North 0°59'16' West 1088.29 feet to the TRUE POINT OF BEGINNING. EXHIBIT A · ~ t L = 320,95' ~ ~ ~ ~1*18'18=~ 38,00' ,~' / ZOO O 400 i S 66' 33' 37' W 1106.31' I I ~ I I I ~ I ' I I EI/~ COR,~ BASIS OF BEARINGS 1 N 87' ~2' ~G' E DEED RECORDED 12/12/80 AS FILE NO. 80-~858~ O.R. AND PM 13700 I YALLECITOS WATER 01STRICT PLAT ~P PROPOSED SAN MARCOS. CALIFOR~A SAN DIEGO COUNTY TW~ OAKS RESERVOIR ~r 6k~,e~, ~ -,~e~ ~ CALIFOR~A PORTION OF APN 178-080-78 ~'~,~'~ ~DM- _ ..........................