Reso 0557-09/1980 RESOLUTION NO. 557
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
(ODEGARD EASEMENT - REFERENCE NO. 010)
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, 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 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 heard on the matters referred to in Section 1240.030
of the Code of Divil Procedure concerning public interest, necessity, compatible
planning and location for greatest public good and least private injury of the
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Resolution No. 567
project for which the said property is to be taken and the neccessity of
acquiring the property described in Exhibits "A", "B", and "C" hereto.
Section 6: That the Board of Directors, after considering the evi-
dence 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
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 accordance with the provisions of the law applicable
thereto.
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Resolution No. 557
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.
SAN MARCOS COUNTY WATER DISTRICT
ATTEST:
' ary of rd of Directors
CO WATER DISTRICT
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