Reso 0563-09/1980 RESOLUTION NO. 563
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
(WOHLFARTH EASEMENT - REFERENCE NO. 104)
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 construc-
tion, 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 particularly described.
Section 2: That the public interest, convenience and necessity of the
above nemed SAN MARCOS COUNTY WATER DISTRICT and its inhabitants demand the acqu-
isition 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 2, 1980, wherein
all persons entitled to appear and be heard were afforded an opportunity to be
-1-
Resolution No. 563
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 the greatest public good and the 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 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 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 Corp-
oration, 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 the said condemnation action shall be prosecuted in
accordance with the provisions of the law applicable thereto,
-2-
Resolution No. 563
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
ATTEST:
r ry of the Sa arcos County
C
-3-
R3 W R~ W
E×HIBIT "A"
15 f4 14 13
2423
~, ~'~
,_, "'J ,,' / )--_,-/j)' \,,
I
I I
e3w R3W N '
A PPROX. SCALE I i
1":1600'
t I L._,~
tx--~- /_
TI2S -J___L_ [ ] r- 19
.l_+_ ,
'rl2s I ~ , r -
i I 20
"'\\ I 1 I
2? ,,~ + i
I I
"'r'T""' '1 i /L.,.
, '~ i~-- ,,/"-~" I t
~ / I I
_ // I
[ ~ \ ~ L .U
.... |
27 I ,,// I :
I
T ,
A~SESSMENT DISTRICT ,, .......·EXISTING WATERLINE ~) EXISTING TANK
m~o~-, BOUNDARY
[] PUMP STATION pROPOSED WATERLINE ~ PROPOSED TANK SITE
+ FiRE HYDRANT .... PARCEL BOUNDARIES
ASSESSMENT DISTRICT 76-2
SHOWING EXISTING AND
PROPOSED WATER FACILITIES
REV. Io -22