Reso 0559-09/1980 RESOLUTION NO. 559
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SAN MARCOS COUNTY WATER DISTRICT
AUTHORIZING AND DIRECTING THE CONDEMNA-
TION OF CERTAIN REAL PROPERTY SITUATED
IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA
(FOLEY EASEMENT - REFERENCE NO. 035)
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 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 named SAN MARCOS COUNTY WATER DISTRICT and its inhabitants demand the
acquisition 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 neces-
sary 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 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.
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Resolution No. 559
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 neces-
sary for the project.
6.4 That the property sought to be acquired is neces-
sary 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 Corpora-
tion, 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 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:
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