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Reso 0371-07/1973 RESOLUTION NO. 371 RESOLUTION OF THE BOARD OF DIRECTORS OF SAN MARCOS COUNTY WATER DISTRICT AUTHORIs ZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 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, a state agency of the State of California, and the inhabitants thereof require the construction, operation and maintenance of facilities for collection and treatment of sewage, facilities and appurtenances upon certain lands in the County of San Diego, State of Califor- nia, hereinafter more particularly described. Section 2: That the public interest, convenience and necessity of the above-named county water district and its in- habitants demand the acquisition and taking of said lands for the construction, operation and maintenance of facilities for collection and treatment of sewage, facilities and appurtenances. Section 3: That the property over which rights of way are to be taken by said county water district, hereinafter re- ferred to, is in the County of San Diego, State of California, and is described in Exhibit "A", 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 of said county water district of the rights of way herein described is deemed to be necessary for the construction, operation and main- tenance of facilities and appurtenances for the collection and treatment of sewage. Said use is a public use and that for said public use it is necessary that said county water district condemn and acquire said rights of way. Resolution No. 371 Section 6: That the Law Firm of SMITH & PELTZER, Attorneys at Law, 365 East 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 purpose of condemning and acquiring said 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 16th day of July, 1973, by the following roll call vote: AYES: Directors Dow, Vanderbeck, Dutton, Mahr, Blanchard NOES: Directors None ABSTAIN: Directors None ABSENT: Directors None SAN MAR~Ot~COUNTY WATER DISTRICT ATTEST: cretary of e Board of Directors S WATER DIS RICT -2- RESOLUTION NO. 371 EXHIBIT "A" DESCRIPTION: All of Lot 16 in Block 59 of Rancho Los Vallecitos de San Marcos, in the City of San Marcos, County of San Diego, State of Califor- nia, according to Map thereof No. 806; TOGETHER WITH those portions of the Southeasterly 17.00 feet of Grand Avenue adjoining Lot 16 on the Northwest and of the Westerly Half of the Unnamed Street adjoining said Lot 16 on the East as said Avenue and said Unnamed Street were vacated and closed to public use. EXCEPTING therefrom that portion lying Southwesterly of a line described as follows: Commencing at the intersection of the center line of said vacated Unnamed Street with the Easterly prolongation of the Southerly line of said Lot 16; thence along said prolongation and said Southerly line South 72°40'20'' West 68.18 feet to the TRUE POINT OF BEGINNING; thence North 24°58'00'' West, 299.40 to the North- westerly line of said vacated Southeasterly 17.00 feet of Grand Avenue. VESTEE: Frank X. Wagner and Elda E. Wagner, husband and wife, as joint tenants, as to an undivided 1/3 interest by deed executed by Maria Valpreda and recorded August 17, 1964, as File No. 148270. IRS: $11.00: and Kenneth G. Costanzo and Billie Jean Costanzo, husband and wife as joint tenants, as to an undivided 2/3 interest, by deed ex- ecuted by Maria Valpreda and recorded August 17, 1964, as File No. 148270, IRS: $11.00; and by deed executed by Frank G. and Ann S. Smith and recorded February 6, 1969, as File No. 22471. IRS: $5.50. -3-