HomeMy WebLinkAbout2009-09-15; Municipal Water District; Resolution 13741
RESOLUTION NO. 1374
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A RESOLUTION OF THE BOARD OF DIRECTORS OF
3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
AUTHORIZING AND DIRECTING THE CONDEMNATION OF
4 CERTAIN REAL PROPERTY INTERESTS REGARDING THE
DESALINATION WATER PIPELINE IN LOT 7 OF RECORD OF
5 SURVEY 17350.
6 WHEREAS, the portion of real property that is the subject of this Resolution (the "Subject
Property") is located in the City of Carlsbad, County of San Diego, State of California is located at
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the northern terminus of Avenida Encinas in Carlsbad; is a portion of a larger real property that is
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presently designated as San Diego County Assessor's Parcel Number 210-010-42 and is legally10
^ described and pictorially depicted on the documents attached hereto as Exhibits "A" and "B"
12 (incorporated herein by this reference); and
13 WHEREAS, the proposed project that is the subject of this Resolution (the "Proposed
14 Project") is the Desalination Water Pipeline Project in Avenida Encinas; and
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WHEREAS, the interest in property that is the subject of this Resolution (collectively the
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"Subject Property Interest") is described in Exhibit "C" (incorporated herein by this reference);
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19 WHEREAS, the statutes that authorize the Carlsbad Municipal Water District to acquire
pn the Subject Property interest by eminent domain include Article I, Section 19 of the California
21 Constitution, Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.510 and
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1240.610 of the California Code of Civil Procedure and Sections 1007, 71693 and 71694 of the
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California Water Code.
25 NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the
26 Carlsbad Municipal Water District, not less than four-fifths of all members concurring in regular
07 session assembled on September 15, 2009 that this Board finds and determines each of the
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following:
1 1. That the above recitations are true and correct.
2 2. That notice of Board's intention to adopt this Resolution of Necessity was duly
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given as required by Section 1245.235 of the California Code of Civil Procedure and on the date
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and at the time and placed fixed for hearing, this Board did hear and consider all of the evidenceo
Q presented.
7 3. That EIR 03-05(A), the Addendum to EIR 03-05, was approved by the Housing and
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Redevelopment Commission on September 15, 2009.
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4. The public interest and necessity require the Proposed Project.
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^ 5. The Proposed Project is planned and located in the manner that will be most
12 compatible with the greatest public good and the least private injury.
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6. That the Subject Property interest is necessary for the Proposed Project.
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7. The offer required by Section 7267.2 of the Government Code has been made to
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the owner of record of the Subject Property.
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17 8. To the extent that the Subject Property is already devoted to a public use, the use
18 of the Proposed Project is a compatible use that will not unreasonably interfere with or impair
19 the continuance of the public use as it presently exists or may reasonably be expected to exist in
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the future (California Code of Civil Procedure Section 1240.510) or the use of the Proposed
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Project is a more necessary public use than is the presently existing public use (California Code of
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23 Civil Procedure Section 1240.610).
24 BE IT FURTHER RESOLVED AND ORDERED that the General Counsel of the Carlsbad
25 Municipal Water District is hereby authorized and empowered:
26 1. To acquire (in the name of the District) the Subject Property Interest by
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condemnation in accordance with the Constitution and laws relating to eminent domain.
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2. To prepare and prosecute in the name of the District such proceedings in the
2 proper court having jurisdiction thereof as are necessary for such acquisition.
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3. To make an application to the court for an order to deposit the probable amount
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of compensation out of the proper funds under the control of the District into the County
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g Treasury and for an order permitting the District to take prejudgment possession and use of the
7 Subject Property Interests for the purpose of constructing the Proposed Project.
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4. To compromise and settle such proceedings if such settlement can be reached
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and, in that event, to take all necessary actions to complete the acquisition including stipulations
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as to judgment and other matters and the causing of all payment to be made.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 15th
day of September, 2009, by the following vote to wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST: