Reso 0562-09/1980 RESOLUTION NO. 562
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/CLARK EASEMENT - REFERENCE NO. 091)
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 the inhabitants thereof demand
the acquisition and the taking of permanent easements in said lands for the
construction, operation and maintenance of facilities for transmission and dis-
tribution 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
-1-
Resolution No. 562
all persons entitled to appear and be heard were afforded an opportunity to be
heard on me 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 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
said 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 abo~e described rights-of-way for the use of said SAN MARCOS
COUNTY WATER DISTRICT, and that said condemnation action shall be prosecuted in
-2-
Resolution No. 562
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
ATTEST:
-3-