HomeMy WebLinkAbout1958-09-10; Municipal Water District; Resolution 86I i .-
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RESOLUTION NO. 86
RESbLUTION OF BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AGREEING TO TERMS IMPOSED BY SAM DIEGO GAS AND ELECTRIC COMPANY FOR THE RIGHT OF THE WATER DISTRICT TO CONSTRUCT A -WATER PIPELINE OVER AN EASEMENT FOR POLES, WIRES AND INCIDENTAL PURPOSES BELONGING TO SAN DLEGO GAS AND ELECTRIC
COMPANY WITJZW IMPROVEMENT DISTRICT # 2 OF SAID WATER DISTRICT
WHEREAS, by Resolution PJo.79 adopted bythe Board of Directors of
Carlsbad Municipal Water District at a special meeting held on April 25, 1958,
the said Board determined that public interest, convenience and necessity of
the said Water District required the 03, nstrmtion, operation and maintenance of
certain pipe lines, reservoirs, facilities and appurtenances upon certain lands
located within the District in County of San Diego, State of Califbrnia and that
it was necessary to acquire certain rights of way, easemeris and lands
under eminent domain proceedings; and
WHERFAS, thereafter the attorney for the said Water District did file a
complaint in eminent domain in the Superior Court ofthe State of California, in
and for the County of San Diego, as Case No. 224550, entitled CARLSBAD
MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, PMNTIFI
VS. ROBERT S. HORNE, SAN DIEGO GAS & ELECTRIC COMPANY, A
CORPORATION, CHARLES H. CLARK, GLADYS CLARK, AVIS D. KOCH,
AND DOES 1 to 10, INCLUSIVX& DEFENDANTS; and
WHEREAS, the SAN DIEGO GAS & ELECTRIC COMPANY was joined as a
defendant in said suit due to an interest that they heldin one of the parcels of
real property by virtue of an easement for poles, wires and incidental purposes
granted to said company by deed recorded July 16, 1954, in Book 5302, pages
384, 392 and 400 of Official Records, San Diego County; and
WHEREAS, thereafter by negotiations the SAM DIEGO GAS & ELECTRIC
COMPANY agreed that it was satisfactory to the SAN DIEGO GAS & ELECTRIC
COMPANY that the pipeline of the CARLSBAD MUWIPAL WATER DISTRICT
be constructed across the above described easement, with the understanding anc
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upon the conditions that the surface elevation of the land embraced wit-hin the
boundaries of the easement will not be changed and in the future if at anytime
the pipeline of the Carlsbad Municipal Water District should interfere with any
of the Company's constructions that the expense to the SAN DIEGO GAS &
ELECTRIC COMPANY which may be occasioned by such interference will be
paid by the CARLSBAD MUNICIPAL WATER DISTRICT or its successors in
interest; and
WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL -WATER
DISTRICT is desirous of adopting a resolution to accept and agree to such
terms.
NOW THEREFORE, THE BQARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT DOES HEREBY DETERNIINE AND MSOLVE
AS FOLLOWS:
1. The CARLSl3AD MUNICIPAL WATER DISTRICT agrees that in
connection with cnnstrmtion of a water pipeline across and within
the boundaries of the easement granted to SAN DIEGO GAS &
ELECTRIC COMPANY by deed recorded July 16, 1954, in Book
5302, pages 384, 392 and 400 of Official Records, San Diego
County, the surface elevation Df the land embraced within the
boundaries of the easement will not be changed and in the future
if at any time the pipeline of the CARLSBAD MUNICIPAL WATER
DISTRICT should interfere with any of the constructions of
SAN DIEGO GAS & ELECTRIC COMPANY that the expense to the
SAN DIEGO GAS & ELECTRIC COMPANY which may be occasioned
bysuch interference will be paid by the CARLSBAD MUNICIPAL
WATER DISTRICT or its successors in interest.
ADOPTED, SIGNED ANI) APPROVED this 10th day ofSeptember, 1958.
7 ,h"..'; LL. ' (: ,L&* i
Presidgnt of ,the Boaqd of Directors o Carlsbad MddcipalW$ter District
ATTEST: r"
Secretary of the Board of Directors of
Ca rls b ad Municipal Water District
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STATE OF CALIFORNIA:
COUNTY OF SAN DPEGO: : ss
I, MAX 0. EWALD, Secretary of CARLSBAD MUNICIPAL WATER
DISTRICT and of the Board of Directors thereof, do hereby certify that the
foregoing resolution was duly adopted by the Board of Directors of said dis-
trict at a regular meeting of said Board held on the 10th day of September,
1958; and that it was adopted by the following vote:
AYES: Directors Ewald, Greek and Kelly
NOES: Directors None
ABSENT: Directors Carnohan and Fry
P-
(SEAL) r Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof.
STATE OF CALIFORMA:
COUNTY OF SAN DIEGO.:
: ss
I, MAX 0. EWALD, Secretary of the CARLSBAD MUNICIPAL WATER
DISTRICT and of the Board of Directors thereof, do hereby certify that the
above and foregoing is a full, true and correct copy of Resolution No. 86, of
said Board and that the same has not been amended or repealed.
DATED: September 10, 1958.
A-
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Secretary of Carlsbad Municipal Water District and of the Board of Directors
thereof.