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Reso 0613-08/1981 RESOLUTION NO. 613 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 (VANDERMATE EASEMENT - Reference No. 036) 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 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 acqui- sition 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", "C", and "D", 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 provi- sions of Section 1245.235 of the Code of Civil Procedure on August 17, 1981, 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 great- est public good and least private injury of the project for which the said property described in Exhibits "A", "B", "C", and "D" 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 proposal 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. -1- Resolution No. 613 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 31040 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, 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 de- scribed rights-of-way for the use of said SAN MARCOS COUNTY WATER DISTRICT, and that said condemnation action whall be prosecuted in accordance with the provisions of the law applicable thereto. PASSED, ADOPTED AND APPROVED this 17th day of August, 1981, by the following roll call vote: AYES: Directors: Holm, Waller, Mason, Mahr, Ferguson NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: President of the Board of Directors of San Marcos County Water District ATTEST: Secretary of the Board of Directors of San Marcos County Water District -2-