Reso 0564-09/1980 RESOLUTION NO. 564
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
(SANUDO/GUCKENBURG EASEMENT - REFERENCE NO. 119)
BE IT RESOLVED by the Board of Directors of the SAN MARCOS COUNTY WATER
DISTRICT as follows:
Section l: That the public interest, convenience and necessity of SAN
MARCOS COUNTY WATER DISTRICT and the inhabitants thereof require the construction,
operation and maintenan(e 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
acquisition and the taking of permanent easements in said lands for the construc-
tion, 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.
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 pro-
visions;ef Section 1245.235 of the Code of Civil Procedure on September 2, 1980,
wherein all persons entitled to appear and be heard were afforded an opportunity
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Resolution No. 564
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 loca-
tion 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 porject.
6.4 That the property sought to be acquired is
necessary as a part of a project to increase
water supply with 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 the 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, Califonria 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
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Resolution No. 564
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 2nd day of September, 1980, by the
following roll call vote:
AYES: Directors: Holm, Mason, Waller, Mahr, Ferguson
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
of San Marcos County Water District
ATTEST:
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