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.
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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
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