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
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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.
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