HomeMy WebLinkAbout1984-12-19; Municipal Water District; Resolution 458c
RESOLUTION NO. 458
RESOLUTION OF THE BOARD OF DIRECTORS OF
COSTA REAL MUNICIPAL WATER DISTRICT
OVERRULING THE DECISION OF
CITY OF SAN MARCOS PLANNING COMMISSION
IN REFERENCE TO THE SANTA FE I1 RESERVOIR SITE
WHEREAS, after extensive investigation and public hearings,
COSTA REAL MUNICIPAL WATER DISTRICT adopted MAJOR WATER FACILITIES
FINANCING PLAN AND RATE STUDY in July, 1983, as prepared by BARTLE
WELLS ASSOCIATES, Municipal Financing Consultants; and
WHEREAS, said MAJOR WATER FACILITIES FINANCING PLAN includ-
ed the acquisition of the necessary real property for, and the con-
struction of, a nine-million gallon terminal and emergency storage
reservoir known as "SANTA FE I1 RESERVOIR SITE"; and
WHEREAS, the property adjacent to the reservoir site is now
utilized for agricultural purposes; and
WHEREAS, the owner of the real property is developing plans
for development of the property into a residential and commercial
subdivision; and
WHEREAS, the COSTA REAL MUNICIPAL WATER DISTRICT Engineer
diligently worked with the owner of the reservoir site and the
owner's engineer to plan the reservoir site in such a manner that it
was most compatible with the owner's proposed development and would
cause the least private injury; and
WHEREAS, COSTA REAL MUNICIPAL WATER DISTRICT conducted ex-
tensive negotiations with the owner of the reservoir site to attempt
to acquire the reservoir site by negotiations; and
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WHEREAS, said negotiations were unsuccessful; and
WHEREAS, COSTA REAL MUNICIPAL WATER DISTRICT is authorized
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to acquire said real property by eminent domain pursuant to Water
Code Sections 71693 and 71694 and Code of Civil Procedure Sections
1240.010, 1240.110, 1240.120 and 1240.610; and
WHEREAS, COSTA REAL MUNICIPAL WATER DISTRICT has, pursuant
to Government Code Section 7267.2, offered to purchase the property
and interests therein from the owner at a price not less than the
fair market value of said property as determined by an independent
appraiser in an appraisal approved by the Board of Directors of COSTA
REAL MUNICIPAL WATER DISTRICT; and
WHEREAS, the nature and opportunity to be heard required by
Code of Civil Procedure Section 1245.235 was given to the property
c I owner; and
WHEREAS, after following the necessary procedure, COSTA REAL
MUNICIPAL WATER DISTRICT adopted Resolution No. 457 on September 19,
1984, entitled "RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL
MUNICIPAL WATER DISTRICT DECLARING THE PUBLIC NECESSITY FOR THE AC-
OUISITION OF PROPERTY FOR CONSTRUCTION, OPERATION, REPAIR AND MAIN-
TENANCE OF A RESERVOIR AND RELATED EASEMENTS OF PIPELINES, INGRESS
AND EGRESS AND CONSTRUCTION, AND AUTHORIZING PROCEEDINGS IN EMINENT
DOMAIN FOR THE PURPOSE OF ACQUIRING REAL PROPERTY AND INTERESTS IN
REAL PROPERTY TO BE USED IN CONNECTION THEREWITH"; and
WHEREAS, as part of said Resolution No. 457, the Board of
7 Directors of COSTA REAL MUNICIPAL WATER DISTRICT did find and deter-
mine that:
1. The public interest, convenience and necessity
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I- t
of COSTA REAL MUNICIPAL WATER DISTRICT and the
inhabitants thereof require the reservoir pro-
ject;
2. The public improvements to be constructed upon,
over, under, along and across the property and
interests therein have been planned and located
in the manner which will be most compatible
with the greatest public good and the least pri-
vate injury;
3. The use to which the property and interests
therein is to be made is a more necessary public
use than the use to which the property is cur-
rently appropriated;
4. The property sought to be acquired is necessary
for the project;
~ and
WHEREAS, the property was located in City of San Marcos,
County of San Diego, State of California, and an application was
filed with City of San Marcos for a determination of the reservoir
project being in conformity with the adopted general plan of City of
San Marcos: and
WHEREAS, on December 11, 1984, the Planning Commission of
City of San Marcos determined that the COSTA REAL MUNICIPAL WATER
DISTRICT'S request was not consistent with the Land Use Plan and
other elements of the General Plan and the Specific Plan of Meadow-
lark Farms, adopted by City of San Marcos; and 7
I
WHEREAS, there is an urgent need for the public interest,
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convenience and necessity of COSTA REAL MUNICIPAL WATER DISTRICT
and the inhabitants thereof to proceed with the construction of
the Santa Fe I1 Reservoir and its appurtenances. 7
NOW, THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL MUNIC-
IPAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
1. In accordance with Section 65402(c), Government Code,
State of California, the disapproval of the Planning Commission of
City of San Marcos is overruled.
PASSED, APPROVED AND ADOPTED this 19th day of December, 1984.
//' N. M. ALMACK, President
of COSTA REAL MUNICIPAL WATER DISTRICT
and of the Board of Directors thereof.
ATTEST:
4g@4* "7 -. - ' FRED W/ MAERKLE, Secretary
of COSTA )?k MUNICIPAL WATER DISTRICT
l and of the P oard of Directors thereof.
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STATE OF CALIFORNIA )
ss. I COUNTY OF SAN DIEGO )
r
I. I, FRED W. MAERKLE, Secretary of the COSTA REAL MUNICIPAL
I 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 Board held
I on the 19th day of December, 1984, and that it was adopted by the
I following vote:
AYES: Directors: ALMACK, KELLY,
MacLEOD and MAERKLE
NOES : Directors: BONAS
ABSENT: Directors: None
of COSTA REAL IPAL WATER DISTRICT
and of the Directors thereof.
FRED w. MA- , Secretary
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