HomeMy WebLinkAbout1958-10-29; Municipal Water District; Resolution 921
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RESOLUTION NO. 92
A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTERE CONVENIENCE AND NECESSITY OF THE CARLSBAD MUNICIPAL WATER DISTRICT REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE
OF PIPE LINES, FACILITIES AND APPURTENANCES UPON CERTAIN LANDS LOCATED WITHIN THE DISTRICT IN THE COUNTY OF SAN DIEGO, STATE 0
CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND
NECESSITY DEMAND THE ACQUISITION OF RIGHTS OF WAY, EASEMENTS
AND LANDS FOR SAID PIPE LINES, FACILITIES AND APPURTENANCES
TKERETO AND DECLARING THE INTENTION OF SAID CARLSBAD MUNICIPA WATER DISTRICT TO ACQUIRE SAID RIGHTS OF WAY, EASEMENTS AND
LANDS UNDER EMINENT DOMAIN PROCEEDINGS AND DIRECTING THE CARLSBAD MUNICIPAL WATER DISTRICT ATTORNEY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND
FOR THE COUNTY OF SAN DIEGO, FOR THE PURPOSE OF CONDEMNING
SAID LANDS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPA:
WATER DISTRICT AS FOLLOWS:
I. That the public interest, convenience and necessity of CARLSBAD MUNICI-
PAL WATER DISTRICT, A municipal water district organized and existing
under the Municipal Water District Act of 1911, as amended, and the inhabitant,
thereof, require the construction, operation and maintenance of pipelines,
facilities and appurtenances upon certain land hereinafter more particularly
described; said lands located within Improvement District No. 2, of the Carls-
bad Nlunicipal flater District and said lands located within the County of San
Diego, State of California.
2. That the public interest, convenience and necessity of said Carlsbad Munici
pal Water District and the inhabitants thereof demand the acquisition and taking
of rights of way and easements for the construction, operation and maintenance
of said pipe lines, facilft-ies and appurtenances,.
3. That the taking and acquiring by said Carlsbad Municipal Water District of
the rights of way and easements and property hereinafter described is deemed
necessary for the construction, operation and maintenance and the replacement
of said pipe lines, facilities and appurtenances.
4.
that said Carlibad Municipal Nater District condemn and acquire said rights of
That such use is a public use and that for such public use it is necessary
way and easements.
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5. That the law firm of SMITH and SWIRSKY, Attorneys at Law, be and they
are 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 Carlsbad Municipal Water District against all owners
and claimants of the hereinafter described properties for the use of said
Carlsbad Municipal Water District; that said condemnation action shall be
prosecuted in accordance witht he provisions of law applicable thereto.
said attorneys are authorized and instructed to make application to said Court
for an order fixing the amount of security, by way of money deposits, as said
Court may direct, andfor an order permitting the Carlsbad Municipal flater
District to take immediate possession and use of said real property.
6.
includes the following:
That
That the property to be taken by said Carlsbad Municipal Water District
PARCEL "A"
An easement of right of way in, upon, over, under and across the lands herein after described, to erect, corstrmt, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes together with their
necessary fixtures and appurtenances at such locations and elevations, upon, along, over and under the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right
of way by a practical route ormutes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, baildings and structures.
Said easement of right of way is more particularly described as follows:
Parcel 1. of the Northwest 1/4 of Section 25, T. 12 S., R. 4W, S.B. M. The Easterly 10 feet of the Northerly 2332. 44 feet of the East 112
Parcel 2. A 20 foot wide strip of land in the East 112 of the Northwest 1/4 of Section 28, T. 12 S., R. 4 W., S. B. M. the center line of said 20 foot wide strir being particularly described as follows :
Beginning at the Northeast corner of the East I/2 of the Northwest 1/4
of said Section 28; thence Southerly along the East line of said East 1/2, South
O"16'46'' East 2332.44 feet to the TRUE POINT OF BEGINNING; thence South
37O07'14"West to a point in the South line of said East 112; the side lines of said
20 feet wide strip to be lengthened or shortened so as to terminate at the
Northeasterly end in the East line of said East 1/2 and at the Southwesterly end in the South line of said East 1/2.
PARCEL "B"
An easement of right of way 20 feet in wideth in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, maintain and use a pipeline orpipelines for any and all purposes together with
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their necessary fixtures and appurtenances at such locations and elevations,
upon, along, over and under the hereinafter descriked right of way as Grantee
may now or hereafter deem convenient and necessary from time to time,
together with the right of ingress thereto and egress therefrom, to and along
said right of way by a practical route ormutes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear
said right of way from explosives, buildings and structures.
The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit:
The North Three-Quarters of the Southwest Quarter and that portion of the Southwest Quarter of the Southeast Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, described as follows:
Beginning at the Southwest corner of the Southwest Quarter of the South-
east Quarter of Section 28; thence running North along the West line of said
Southwest Quarter to the Southeast Quarter, 1320 feet to the Northwest corner thereof; thence East along the North line thereof 222.57 feet to a stone set for
a corner; thence South 23'31 East 597.11 feet to a sbr~ mound; thence South
17"06'East 483.89 feet to a stone mound; thence South 18"35'West 326. 50 feet
to a stub set on the South line of said Section 28; thence West along said South line to a point of beginning, .
EXCEPTING from the above property that portion included within the 200 feet right of way of the Atchison, Topeka and Santa Fe &ailway Company,
formerly California SoLlthern Railroad Company.
ALSO EXCEPTING THEREFROM that portion described in deed to the
Atchison, Topeka and Santa Fe Railway Company, recorded February 23, 1946 in Book 2058, page 161 of Official Records.
ADOPTED AND APPROVED this 29th day of October, 1958.
Preside3 of the Board of Directors of
Carlsbad Municipal Water ,District
Secretary of'the Board of Directors of Carlsbad Municipal Water District
(Seal)
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STATE OF CALIFORNIA:
COUNTY OF SAN DIEGQ:
: ss.
I, MAX 0. EWALD, Secretary of the Board of Directors of Carlsbad
Municipal Water District, do hereby certify that the foregoing resolution was
duly adopted by the Board of Directors of said district at a special meeting
of said Board held on the 29th day of October, 1958, and that it was so adopted
by the following vote:
AYES: Directors Ewald, Greek, Carnohan, Rogers
NOES : Directors None
ABSENT: Director Fry. /3
MAX a. EWALD Secretary of Carlsbad Municipal
Water District and of the Board of
Directors thereof.
(Seal)
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