HomeMy WebLinkAbout1959-10-20; Municipal Water District; Resolution 1031
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RESOLUTION NO. 10 i??
A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIE3NCE AND NECESSITY OF THE CARLSBAD MUNICIPAL WATER DISTRICT REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
PIPE LINES, FACILITIES AND APPURTENANCES UPON
CERTAIN LANDS LOCATED IN COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AND THAT THE PUBLIC INTEREST
CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION
OF LANDS FOR SAID PIPE LINES, FACILITIES AND
APPUR TENANCES THERETO AND DECLARING THE INTENTION
OF SAID CARLSBAD MCTNICIPAL NATER DISTRICT TO
ACQUIRE SAID LANDS UNDER ENIIWNT DOMAIN PROCEEDINGS
AND DIRECTING LEGAL COUNSEL FOR THE: SAID CARLSBAD
MUNICIPAL WATER DISTRICT 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
MUNICIPAL -WATER DISTRICT AS FOLLO-WS:
1. That the public interest, convenience and necessity of CARLSBAD
MUNICIPAL WATER DISTRICT, a municipal water district organized and
:xisting under the Municipal Water District Act of 1911, as amended, and the
.nhabitants thereof, require the construction, operation and maintenance of pipe
.ines, facilities and appurtenances upon certain lands hereinafter more particu-
.arly described; said lands located within the County of San Diego, State of
California.
2. That the public interest, convenience and necessity of said
ZARLSBAD MUNICIPAL flATER DISTRICT and the inhabitants thereof demand
;he acquisition and taking of lands for the construction, operation and maintenanc
if said pipe lines, facilities and appurtenances.
3. That the taking and acquiring by said CARLSBAD MUNICIPAL
WATER DISTRICT of the lands hereinafter described is deemed necessary for
the construction, operation and maintenance and the replacement of said pipe
lines, facilities and appurtenances.
4. That such use is a public use and that for such public use it is
necessary that said CARLSBAD MUNICIPAL 3VATER DISTRICT condemn and
acquire said land.
5. That the law firm of SMITH and SVVIRSKY, 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 iVater District against all owners and
claimants of the hereinafter described property for the use of said Carlsbad
Municipal Water District; that said condemnation action shall be prosecuted in
accordance with the provisions of law applicable thereto. That 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 aaid Court may
direct, and for an order permitting the Carlsbad Municipal 'Water District to
take immediate possession and use of said real property.
6. That the property to be taken by said Carlsbad Municipal Water
District is described as follows:
A fee simple interest in and to the following described real property situated in County of San Diego, State of California, particularly described as follows :
That portion of the South Half of the Northwest Quarter of the
Northeast Quarter of Section 17, Township 12 South, Range 3
Nest, San Bernardino Meridian, in the County of San Diego, State of C, lifornia, described as follows :
Beginning at the Northwest corner of the Northeast Quarter of said Section 17; thence South 51"53'20" East 1265.97 feet; thence South 53O58'02" GVest 45. 00 feet; thence North 36°01158't 'West 11.50 feet to the TRUE POINT OF BEGINNING; thence South 88"58'02" #est 54.53 feet; thence North l"01~58" West 28. 65 feet; thence North 89"24'07" East 130 feet to a point on a 11 1.50 foot radius curve concave Southerly from which the center of said curve bears South OO"35'53" East; thence Westerly along said curve through a central angle of 35O26' 05" an arc distance of 68.96 feet; thence tangent to said curve South 53"58'02" West 13.05 feet to the TRUE POINT OF BEGINNING; containing 0.05 acres, more or less.
The bearing South 89"43'45" East of the North line of the Northwest Quarter of said Section 17 as shown on Record of Survey Map No. 599 was used as the basis of bearings for the
above description.
ADOPTED, SIGNED AND APPROVED THIS 20 day of &&&&.I
1959.
Disbrict .
Carlsbad Municipal jVater District.
-2-
STATE OF CALIFORNIA:
COUNTY OF SAN DIEGO:
: ss.
I, RICHARD R. COE, 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 district
at a regular meeting of the said board held on the 20th day of October, 1959, and
I
that it was adopted by the following vote:
AYES:
NOES : Directors : None
Directors Kelly, Carnohan, Coe, Greek, Maerkle
(Seal)
ABSENT: Directors : None
/L Secretary of Garlsbad Munlclpal Nater
District and of the Board of Directors thereof.