Reso 0680-12/1983 RESOLUTION NO. 680
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 (McREYNOLDS EASEMENTS
OUTFALL INTERCEPTOR LINE - Reference No. 3)
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 the SAN MARCOS COUNTY WATER DISTRICT and the inhabitants thereof require
the construction, operation and maintenance of facilities for transmission of
sewage 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 SAN MARCOS COUNTY WATER DISTRICT and its inhabitants demand
the acquisition and the taking of a permanent easement and temporary
construction easements in said lands for the construction, operation and
maintenance of facilities for transmission of sewage.
Section 3: That the property over which rights-of-way are to be
taken by said SAN MARCOS COUNTY WATER DISTRICT, hereinafter referred to, is in
the County of San Diego, State of California, and is described in Exhibits
"A", "B", and "C", 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 SAN MARCOS
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 of sewage. 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 October
17, 1983, 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 Exhibits "A", "B", and "C" hereto.
Section 6: That the Board of Directors, after considering the
evidence oral and documentary presented at the said hearing, finds that:
6.1 The public interest and necessity require the proposed
project.
6.2 The proposed 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 described in the Resolution is necessary for
the project.
6.4 That the property sought to be acquired is necessary as
part of a project to increase sewer capacity within the
SAN MARCOS COUNTY WATER DISTRICT and facilitate
transmission of sewage for treatment.
6.5 That pursuant to Government Code Section 7267 compliance
with the provisions of Government Code Sections 7267.1 and
7267.2 is not required.
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 and Section 1240.010 of the Code
of Civil Procedure of the State of California.
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Resolution No. 680, continued
Section 8: That the law firm of SMITH & PELTZER, a Professional
Corporation, Attorneys at Law, 751 East Rancheros Drive, San Marcos,
California, 92069 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
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 by the Board of Directors of the SAN
MARCOS COUNTY WATER DISTRICT this 5th day of December, 1983, by the following
roll call vote:
AYES: Directors: Mason, Mahr, Ferguson, Newport, Rutherford
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
Dale Mason, P~e~s~ent
Board of Directors
San Marcos County Water District
ATTEST:
~ Mc~a , Secretary
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