Resolution 2523
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RESOLUTION NO. 2523
RESOLUTION OF NECESSITY
(Melvin Schwake, Jr., et al.)
3 WHEREAS, the SOUTH TAHOE PUBLIC UTILITY DISTRICT has
4 constructed and now operates a wastewater effluent storage and
5 conveyance facility with related recreational and wildlife
6 habitat benefits in Alpine County, California and in connection
7 therewith, is required to provide water to lndian Creek Reservoir
8 which is to be operated as a fresh water recreational reservoir,
9 WHEREAS, this District gave notice to each person
10 whose property is to be acquired and to their attorneys of
I] records that this Board on May 7, 1990 would consider the adop-
12 tion of a Resolution of Necessity; and
13 WHEREAS, the proposed Resolution of Necessity will
14 describe the proposed Project and the specific property and
~ 15 interests therein sought to be condemned; and
16 WHEREAS, the matter was heard by the Board on May 7,
17 1990;
18 NOW, THEREFORE,- IT IS HEREBY RESOLVED, DETERMINED, AND
19 FOUND BY THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY
20 DISTRICT AS FOLLOWS:
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1) The public use for which the property or interests
22 therein are to be acquired by the District is to operate,
23 maintain and use the Harvey Diversion Structure, and appurtenant
24 facilities, the Harvey Channel, the Upper Dressler Ditch Channel,
25 and the Harvey Diversion Access Road, all of which are required
26 in connection with its wastewater effluent storage and conveyance
27 system and to obtain water rights to be used when needed at
~ 2R Indian Creek Reservoir, a recreational reservoir in Alpine
RESOLUTION NO. 2523
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County, California, cumulatively referred to herein as the
\., 2 "proposed Pro j ec t" .
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2) The statutes which authorize the District to
4 acquire the property or interests therein are Section 16404 of
5 the California Public Utilities Code, and the Eminent Domain Law,
6 Comprising Title 7 of Part 3 of the Code of Civil Procedure
7 commencing with Section 1230,OlO, including Section 1240.4l0,
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3) The property or interests therein which the Distric
9 seeks to acquire by proceedings in eminent domain are situated in
10 Alpine County, California, and are described and depicted in
II Exhibit A, attached hereto and incorporated herein.
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4) This Board hereby declares that it has found and
13 determined each of the fOllowing:
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(a) The public interest and necessity require the
~ 15 proposed Project;
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(b) The proposed Project is planned or located in
17 the manner that will be most compatible with the greatest public
18 good and the least private injury;
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.(c) The property or interests therein described in
20 this Resolution are necessary for the proposed Project;
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(d) The offer required by Government Code Section
22 7267,2 has been made to the owners of record of the property or
23 interests therein described in this Resolution.
24 The foregoing Resolution is passed and adopted this
25 7th day of May, 1990, on the following vote, which is the
26 affirmative vote of at least two-thirds (2/3) of all of the
27 members of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY
2R DISTRICT.
RESOLUTION NO. 2523
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AYES: Directors Mason, Sinclair, Walker, Onysko, Pierini
~ 2 NAYES: None
3 ABSTAIN: None
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ROBERT MASON, CHAIRMAN
SOUTH TAHOE PUBLIC UTILITY DISTRICT,
Board of Directors
ATTEST:/)
_ r~ a ~4PMd
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
CERTI Fr'CATI ON
_I., ROBERT G, BAER, hereby certify that the foregoing
Resolution was passed on motion duly made and seconded by the
vote reflected above, at the meeting of the Board of Directors
of SOUTH TAHOE PUBLIC UTILITY DISTRICT this 7th day of May, 1990,
A;~vr~lPv
ROBERT G, BAER, Acting General Manager,
SOUTH TAHOE PUBLIC UTILITY DISTRICT
DESCRIPTION
EXHIBIT A - R/2523
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All that certain real property including all appurtenant water
rights, situated in the County of Alpine, state of California,
more particulary described as follows:
PARCEL NO.1:
Lot 1 and the West half (Wl/2) of Lots 3 and 4, and the East
half (El/2) of Lot 15, of Section 5, Township 10 North, Range 20
East, M.D.B.&M.
PARCEL NO.2:
All that portion of the West half (Wl/2) of Lot 15 of Section 5,
Township 10 North, Range 20 East, M.D.B.&M., lying Northeasterly
of a line described as follows:
BEGINNING at a 3/4 inch capped iron pipe (or 1/ /2 inch steel
pin) stamped "RCE 7522" set in the East line of said Lot 15,
from which the Southeast corner of the West 1/2 of said Lot,
marked by a similar pipe, bears South 010 14' 14" East, 1100.00
feet distant; thence from said point of beginning, run North 470
00' West 304.29 feet to a 3/4 inch capped iron pipe set at the
intersection of an existing fence line, the Northwesterly
terminal point of the line hereby described.
PARCEL NO.3:
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All that portion of the South half of the Southwest quarter
(Sl/2 of SWl/4) of Section 36, Township 11 North, Range 19 East,
M.D.B.&M., and of Lots 2 and 16 of Section 5, Township 10 North,
Range 20 East, M. D. B. &M., lying Southeasterly and Easterly of
the following described line, being the boundary line described
in that certain Boundary Line Agreement dated August 8, 1968 by
and between Calvin C. Abel, Jr. and Judith M. Abel, his wife,
parties of the first part, and W. F. Schwake and Janet B.
Schwake, his wife, parties of the second part, and recorded
August 19, 1968 in Book 10, at Page 623, Official Records, said
line being described as follows:
....
COMMENCING at the 1/16th corner common to Sections 5 and 6,
Township 10 North, Range 20 East; from whence the North Section
corner common to said Sections 5 and 6 bears North 10 11' West
1,927.20 feet; thence from the point of commencement North 890
56' East 1137.81 feet to a 3/4 inch capped iron pipe, set at the
intersection of an existing fence line; thence following said
fence line the following courses and distances: North 320 33'
05" West 87.68 feet; North 680 33' 30" West 208.37 feet; North
320 43' 25" West 68.28 feet; North 490 17' 55" East 158.76 feet;
North 760 56' 55" East 142.95 feet; North 490 29' 25" East
392.17 feet and North 480 22' 35" East 3,996.51 feet to the
intersection of an existing fence corner; thence continuing
North 480 22' 35" East to a point on the North line of the South
half of the Southwest quarter of Section 36, Township 11 North,
Range 19 East, M.D.B.&M., the Northeasterly terminus of said
line.
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PARCEL NO.4:
EXHIBIT A - R/2523
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All that portion of Lot 17 of Section 5, Township 10 North,
Range 20 East, M.D.B.& M., lying Northerly and Easterly of the
line described as follows:
BEGINNING at the southeast corner of Section 35, Township 11
North, Range 19 East, M.D.B. & M., said corner marked by a
standard B.L.M. Brass Cap 1960; thence along the line common to
said Section 35 and Section 5 South 890 56' west 27.00 feet;
thence leaving said section line South 00 04' 00" West 60.00
feet; thence North 890 56' East 495.51 feet to a tangent curve
concave to the Southwest having a Central angle of 880 46' 33"
and a Radius of 50.00 feet; thence along said curve the arc
length of 77.47 feet; thence South 10 17' 27" East 159.55 feet;
thence South 480 22' 35" West 551. 36 feet to a point on the
south line of said Lot 17 of Section 5 and the southern terminus
of said line.
Reserving to the grantor a non-exclusive easement for roadway
and utii ty purposes over that portion of said lot 17 more
particularly described as follows:
BEGINNING at the southeast corner of Section 35, Township 11
North, Range 19 East, M.D.B.&M., said corner marked by a
standard B.L.M. Brass Cap 1960; thence along the line common to
said Section 35 and section 5 South 890 56' west 27.00 feet;
thence leaving said section line South 00 04' 00" West 60.00
feet; thence North 890 56' East 27.00 feet; thence North ~ 04'
00" East 60.00 feet to the point of beginning.
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PARCEL NO.5:
A non-exclusive easement as granted to grantor in Book 49, at
Page 456, Official Records of Alpine County, for ingress and
egress over and along the hereinafter described property for
roadway and utility purposes.
The aforesaid non-exclusive easement is located in the County of
Alpine, State of California, and is more particularly described
as follows:
All that real property situate in the North one-half of the
Southwest one-quarter of Section 36, Township 11 North, Range 19
East, M.D.M., Alpine County, California, described as follows:
A 60-foot wide roadway and utility easement the South line of
which is more particularly described as follows:
BEGINNING at the Southwest corner of the North one-half of the
Southwest one-quarter of said Section 36, thence along the South
line of said North one-half, South 90 35' 11' East 2370.18 East
to the Easterly terminus of the easement description.
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The basis of bearing for this description is identical with the
Parcel Map recorded June 21, 1983, in Book 2 of Maps at Pages
14-16.
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EXHIBIT A - R/2523
~ PARCEL NO.6:
A non-exclusive easement as granted to grantor in book 47 at
page 466, official records of Alpine Co., for roadway and
utility purposes over and across that certain property located
in the County of Alpine, state of California, and more
particularly described as follows:
A parcel of
one-quarter
section 35,
Baseline and
follows:
land located within a portion of the Southeast
(SEl/4) of the Southeast one-quarter (SEl/4) of
Township 11 North, Range 19 East, Mount Diablo
Meridian, Alpine County, California, described as
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BEGINNING at the Southeast corner of section 35, T. 11 N., R. 19
E, M.D.B.&M., thence along the east line of said Section 35,
North OOe 45' 25' East, 420.00 feet, more or less, to the South
line of the 60.00 feet right-of-way of Diamond Valley School
Road and the Northeast corner of the property owned by Alpine
County Unified School District as recorded August 16, 1961, in
Book I, Page 349, Alpine County, California Recorder's Office;
thence along said South right-of-way line South 89" 56' 00 '
West, 67.58 feet, thence along the arc of a curve tangent to the
back bearing of the preceding course and concave to the
Southwest, having a delta angle of 900 45' 25' a radius of 40.00
feet and an arch length of 63.41 feet; thence South 000 25'
West, 379.42 feet, more or less to the South line of said
Section 35, thence along the South line of said Section 35 South
890 56' 00' East, 27.00 feet to the point of beginning,
containing 0.268 acres, more or less.
This easement is for the benefit of and appurtenant to that
certain real property, or any portion thereof, located in the
County of Alpine, State of California, as described as parcels
1, 2, 3 and 4 of this description.
Reserving to the grantor a non-exclusive easement for roadway
and utility purposes over and across said easement.
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EXHIBIT A - R/2523
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