Reso 0567-09/1980 RESOLUTION NO. 567
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
(GOODE EASEMENT - REFERENCE NO. 049)
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, herein-
after 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 acqui-
sition and the taking of permanent easements in said lands for the construction,
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 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 and
distribution of water. 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 September 15, 1980, wherein
all persons entitled to appear and be heard were afforded an opportunity to be
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Resolution No. 562
heard on the matters referred to in Section 1240o030 of the Code of Civil Pro-
ceedure concerning public interest, necessity, compatible planning and location
for greatest public good and least private injury of the project for which 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 lease 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 a part of a project to increase
water supply within the SAN MARCOS COUNTY WATER DISTRICT.
Section 7: That the taking of property necessary to carry out the
business of the District is authorized by provisions of Section 71693 of the
Water Code of the State of California.
Section 8: That the law firm of SMITH & PELTZER, A Professional
Corporation, Attorneys at Law, 365 E. 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 for the use of said SAN MARCOS
COUNTY WATER DISTRICT, and that said condemnation action shall be prosecuted in
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Resolution No. 567
accordance with the provisions of the law applicable thereto.
PASSED, ADOPTED AND APPROVED this 15th day of September 1980, by the
following roll call vote:
AYES: Directors: Holm, Waller, Mahr, Ferguson
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: Mason
ATTEST:
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