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HomeMy WebLinkAbout1989-05-22; Municipal Water District; Resolution 617I RESOLUTION NO. 617 RESOLUTION DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF PROPERTY FOR A WATER STORAGE TANK AND AUTHORIZING PRECEEDINGS IN EMINENT DOMAIN Parcel No. 1 WHEREAS, Carlsbad Municipal Water District is a municipal water district organized and existing under the provisions of the Wate Code of the State of California; and WHEREAS, it is necessary for Carlsbad Municipal Water District t acquire fee ownership in order to construct a water storage tank and WHEREAS, public convenience and necessity require the acquisitiol for the public improvement of the real property or interests in real property described in Exhibit A attached hereto and designated Parcel No. 1; and WHEREAS, said public improvement is planned and located in a manner that will be most compatible with the greatest public goo( and the least private injury; and WHEREAS, the real property or interests in real property are located within the boundaries of Carlsbad Municipal Water District; and WHEREAS, Carlsbad Municipal Water District is authorized to acquire property by eminent domain pursuant to Water Code sections 71693, and 71694 and Code of Civil Procedure sections 1240.110 and 1240.,120; and WHEREAS, the governing body of Carlsbad Municipal Water District has given each person whose property is to be acquired by eminen-. domain and whose name and address appear on the last equalized county assessment roll notice a reasonable opportunity to appear and be heard on matters referred to in section 1240.030 of the Code of Civil Procedure; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Directors of Carlsbad Municipal Water District as follows : 1. That the public interest, convenience and, necessity of I Carlsbad Municipal Water District and the inhabitants thereoj I require the acqiisition of a fee interest in the property -I- - I described in Exhibit A attached hereto and designated Parcel No. 1 for a water storage tank. 2. That the public improvements to be constructed upon, over, under, along, and across the properties described in Exhibit A have been planned and located in the manner in which will be most compatible with the greatest good and the least private injury. 3. A final offer pursuant to section 7267.2 of the Government Code has been made to the property owner. 4. That all appropriate officers, representatives, and attorney of Carlsbad Municipal Water District are authorized and directed to acquire in fee the properties described in Exhibit A and designated Parcel No. 1 in the name of and on behalf of Carlsbad Municipal Water District, and to that end they are authorized and directed to commence and to prosecut an action or actions in eminent domaint for the purpose of acquiring said interests. 5. That Carlsbad Municipal Water District has urgent need for the immediate possession of such properties, and the appropriate officers, representatives, and attorneys of Carlsbad Municipal Water District are authorized and directe, to secure an order of court authorizing Carlsbad Municipal Water District to take possession of said properties at the earliest possible date. I 6. That this resolution is adopted by a vote of two-thirds or more of all members of the governing board of Carlsbad Municipal Water District. PASSED AND ADOPTED at a regular meeting of the Board of Director of Carlsbad Municipal Water District held on the 2a day of M~~ , 1989, by the following vote, to wit: AYES : Greer 9 Maer kl e I NOES: None ABSENT : None ATTEST : A Woodward, Henley and Bonas I I SEAL (ET31:BBCARL.R) -2- '2 EXHIBIT "A" " CARLSJBAD MUNICIPAL WATER DISTRICT TANK SITE ACQUfSIlION I LEGAL DESCRIPTrON Parcel No. 1 That partfon of the North Half of the Bouthwest Quarter of Southeast Quarter of Section 22, Townshdp 12 South, Rang west, San Bernardino Meridian, located in the City of Carlsb County of San Diego, State of Califotnh, according to Offdc Plat tbereof, more particularly described es follows: The Westerly 544 feet of the North Half of the Southwest Quar of the Southeast Quartet of said Section 22. EXCEPTTNG THEREFROM the following described land: -BEGINNING at the South Quarter Corner of said Sectlon 22; the! Northerly along the North-South centerline of said Section No1 2t18'65" East 1041.37 feet to a point designated as Pofnt I for the purposes of this description, sald Polnt "A" a780 be- the TRUE POINT OF BEGINNINQ; thsnce South 89E55'47" East 250, f.eet; thence South 0[04'73" West to the South line of said Nor Half of the Southwest Quarter of the Southeast Quarter of 86 Section 22; thence Westerly along said South line to t Southwest corner of mid North Half; thence Norther'ly a'long 88 North-South centerfine of Sectjon 22 to the TRUE POINT I BEGINNING. ALSO EXCEPTING THEREFROM a17 that portion of the above describl land 7ylng N,ortherly of the following described Ijne: BEGINNTNQ at the above described Pofnt "A'*; thence Sou' 89c55'47" East 642.82 feet; more or less, to a point on the Ea line of said Westerly 544 feet of the North Half of t, Southwest Quarter of the Southeast Quarter of said Sectlon 2, 6add point being the point of terminus for thfs line. 1 The above described land contains 2.85, more or less. & I STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss I, MARGARET J. BONAS, Secretary of CARLSBAD MTJNI WATER DISTRICT and of the Board of Directors thereof, do k certify that the foregoing Resolution was duly adopted b: Board of Directors of said District at a meeting of the held on the 22nd day of May, 1989, and that it was so ac by the following vote: I AYES : Directors: Bonas, Greer, Henley, Mae and Woodward NOES : Directors: None ABSENT : Directors : None ABSTAIN: Directors: None " and the Board of Directors thc I