Resolution 2422
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JOHN C. WEIDMAN
ATTORNEY AT LAW
.'11 MAIN IIT1lEET
PLACERVILLE, CA allll1l7
Ta.I~HONI
lIaa-lIallO
RESOLUTION NO. 2422
A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE
PUBLIC UTILITY DISTRICT AUTHORIZING EXECUTION OF A
MODIFICATION AGREEMENT BETWEEN SOUTH TAHOE PUBLIC UTILITY
DISTRICT AND DIAMOND DITCH MUTUAL WATER ASSOCIATION, ACE
RANCH ASSOCIATES, WILLIAM H.T. BUSH, HUBERT B. BRUNS,
MERLE S. BRUNS, THE WILTON H. NEDDENRIEP ESTATE, CHRIS H.
GANSBERG, ELLEN H. GANSBERG, AND FRED H. GANSBERG
BE IT RESOLVED by the Board of Directors of South Tahoe
Public Utility District, County of El Dorado, State of Califor-
nia, as follows:
1 . There has been submitted to the South Tahoe
Public Utility District Board of Directors at its regular meeting
on this date a Modification Agreement between South Tahoe Public
Utility District, a California public utility district, and
Diamond Ditch Mutual Water Association, Ace Ranch Associates,
William H.T. Bush, Hubert B. Bruns, Merle S. Bruns, The Wilton H.
Neddenriep Estate, Chris H. Gansberg, Ellen H. Gansberg, and Fred
H. Gansberg.
2. A copy of said Modification Agreement is at-
tached to this Resolution No. 2422.
3. The Board of Directors of South Tahoe Public
21 Utility District authorizes the Chairman of the Board of Direc-
22 tors of South Tahoe Public Utility District to execute said
23 Modification Agreement on behalf of South Tahoe Public Utility
24 District and the Clerk of the Board to attest to the Chairman's
25 signature.
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4. When the documents are fully executed and ac-
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BOOK Z690 PAGE 362
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JOHN C. WEIDMAN
ATTORNEY AT LAW
.a. MAIN STJIIEET
PLACERVILLE, CA e.e8?
TIELIE~HONIE
82&'S280
knowledged, the Clerk of the Board of Directors is authorized to
record the same with the County Recorder of Alpine County in the
Official Records of Alpine County.
PASSED AND ADOPTED at a duly held regular meeting of
the Board of Directors of South Tahoe Public utility District on
the 4th day of December, 1986, by the following vote:
AYES: Directors Wynn, Mason, Olson
NOES: None
ABSENT: Directors Madden, Jones
OF THE
F DIRECTORS, SOUTH
,', i'l i" PUBLIC UTILITY DISTRICT
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&OOK 2690 PAGE 3frJ
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JOHN C. WEIDMAN
ATTOltNEY AT LAW
... MAIN aTltRT
PLACEltVILLE, CA 81111117
TIlI.t:PHONE
11..,112110
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CERTIFICATION
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I hereby certify that the foregoing is a full, true,
and correct copy of Resolution No. 2422 duly and regularly
adopted by the Board of Directors of South Tahoe Public utility
District, El Dorado County, California, at a regular meeting duly
held on the 4th day of December, 1986, by the following vote:
AYES: Directors Wynn, Mason, Olson
fk.>fi~
l?A1},,~.: M~M~~~.';,:0L~l!J.{t QF THE
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,PT:u.!<'TYD1Srr1ii~ICT ,'1~' "
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NOES: None
ABSENT: Directors Madden, Jones
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I<<>> DOCUMINt
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Recording Requested by;
and wh~n recorded return to;
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s0Qth ~ahoe Public Ut1 1 y D1S r1C
~~~XL:~e Tahoe Ca.95705
RECORDED AT REQUEST OIl 'i\, ,..J
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AT60MIN'~ PST 19M
R E C ~~~FFIC~L ORDS, PC; /7-.l.jlf
b..LPINE .~~~ I ~ZFORNIA
'87 ' BARBARA J, RY~
FEB 23 P 2 qcS&nty Recorder.
oOC . /OD FEE~ '-T"
STPUU
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MODIFICATION AGREEMENT
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This MODIFICATION AGREEMENT made this 4 th
day of
December
, 1986 between SOUTH TAHOE PUBLIC UTILITY DISTRICT
["District"], a California public utility district; DIAMOND DITCH MUTUAL WATER
ASSOCIATION, a California corporation ["DDMWA"]; and ACE RANCH ASSOCIATES,
a California limited partnership; WILLIAM H.T. BUSH, as Trustee under Trust
\.., Agreements dated December 23, 1965 [Christopher Rand Hall, beneficiary], December
23, 1965 [Whitney Spencer Hall, beneficiary], and April 27, 1966 [Kimberly Jean Hall,
beneficiary]; HUBERT B. BRUNS and MERLE S. BRUNS, his wife; THE WI LTON
H. NEDDENRIEP ESTATE; CHRIS H, GANSBERG and ELLEN H. GANSBERG, his
wife; and FRED H. GANSBERG, a single man [collectively, the "Landowners"].
RECITALS
A. District, DDMW A and certain of the Landowners are parties to an Agree-
ment dated August 29, 1983, recorded in Book 44, Page 346, of the Official Records
of Alpine County, California [the "Diamond Ditch Agreement"].
B. The Diamond Ditch Agreement must be modified in order to meet District's
needs in connection with the construction and operation of the proposed Harvey Place
Reservoir and related facilities [the "Project"].
~ C. The parties desire to modify the Diamond Ditch Agreement, as provided
herein.
D. Those Landowners who were not previously parties to the Diamond Ditch
Agreement desire hereby to become parties to said Agreement, as amended by this
Modification Agreement.
1
COM~ABED
viNDEXED
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BOOK 2690 PACE 340
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NOW, THEREFORE, in consideration of the mutual modification of rights and
\.., obligations under the Diamond Ditch Agreement, the parties agree as follows:
1. The Diamond Ditch Agreement is incorporated herein by this reference.
Each party to this Modification Agreement agrees to be bound by and have the benefit
of the terms of the Diamond Ditch Agreement as amended by this Modification Agree-
ment insofar as any term of said Agreements affects their real property interest
or any other of their interest subject of said Agreements.
2. Section_ 1 of the Diamond Ditch Agreement is hereby deleted and the follow-
ing provision is substituted in its place:,
Section 1: Term of Agreement
~
District's right to discharge water, reclaimed water, or sewage effluent
onto the lands of Landowners as such lands are described in Exhibits 2,
3, 4, 5, 6, 7, 8, 9, 10 and 11 to the Diamond Ditch agreement shall com-
mence at the time of completion of a sewage treatment and land applica-
tion system of District which will make available water, reclaimed water,
or sewage effluent onto said lands of Landowners, or four [4] years from
the date of this Modification Agreement, whichever shall first occur.
Said right to discharge shall continue for a term of forty [40] years from
the date of commencement of the right to discharge; provided, however,
that the Landowners, or each of them, shall have the right to terminate
District's right to discharge on their lands or land at any time following
the expiration of twenty [20] years from the date of commencement of
such District right to discharge by serving upon District written notice
of termination five [5] years in advance of said termination.
"District shall have the right to terminate this Agreement at any time
following the expiration of twenty [20] years from the date of commence-
ment of such right to discharge by serving upon the Landowners and
DDMWA written notice of termination five [5] years in advance of said
termination.
"Upon the Landowners, or each of them, eXerCISIng their right to terminate
District's right to discharge on their lands or land following the expiration
of twenty [20] years from the date of the commencement of such District
right to discharge, District shall have the right to maintain and operate
facilities descried in Sections 7, 8, 9, 10, 11 and 12 of the Diamond
Ditch Agreement for delivery of water, reclaimed water, or sewage
effluent to other lands, except lands served by the lower Fredericksburg
Ditch for the remaining period of said forty [40] year term, or at District
termination as in this Section 2 provided, whichever shall first occur.
'"
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BOOK 2690 PAGE 347
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3. Section 2 of the Diamond Ditch Agreement is hereby deleted and the follow-
\"
ing provision is substituted in its place:
Landowners covenant and agree that District shall have the right to dis-
charge onto the lands of Landowners, as such lands are described in
Exhibit 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, to the Diamond Ditch Agreement
[the "Rancher Lands"], water, reclaimed water or sewage effluent in the
minimum amount of 2,000 acre-feet per year, and the maximum amount
of 3600 acre-feet per year, commencing in April and ending in October.
Within the foregoing range, the actual amount of such discharge shall
be determined by District, in its sole discretion.
Landowners agree that the discharge by District pursuant to this paragraph
shall be divided equally among the Landowners, unless District is otherwise
directed in writing by DDMWA. Said discharge shall be diverted by
District at a point adjacent to Harvey Place Reservoir through a conduit
structure which shall be constructed, maintained and operated solely by
District. The location of such conduit structure shall be fixed by District,
in its sole discretion and shall discharge into the Diamond Ditch.
4. Section 5 of the Diamond Ditch Agreement is hereby deleted and the
following provision is substituted in its place:
-.
Landowners and DDMW A hereby lease to District all rights in and to a
certain Ditch commonly known as the Diamond Ditch, over and across
lands owned by Landowners and DDMWA and situated in the County of
Alpine, State of California, as more particularly described in Exhibits
lA, 1B, 2, 3, 4, 5, 6, ,7 8, 9, 10 and 11 to the Diamond Ditch Agreement;
provided, however, that Landowners and DDMWA shall have the right to
use of the Diamond Ditch to the extent that such use does not conflict
with or impair Districtls use of the Diamond Ditch.
District shall have the right to use the Diamond. Ditch for the purpose
of conveying water or sewage effluent at the maximum flow rate of forty
cubic feet per second [40 cfs]. District shall have the right to line,
improve, clean or otherwise modify the Diamond Ditch as deemed necessary
by District to achieve said flow rate, and shall line, improve, clean,
modify, construct, operate, maintain, repair, upkeep, and reconstruct at
its own expense. Landowners and DDMWA further lease to District the
right of ingress and egress for the construction. operation, maintanance,
repair, upkeep and reconstruction of the Diamond Ditch.
This lease allows District the right to use Diamond Ditch to transmit
water to other lands through turnouts constructed by District, provided
flows to Diamond Ditch, Inc., users are not impacted [25 cfs or less if
desired by user].
"
The District's right to use Diamond Ditch shall be for a term of forty
[40] years from the date of the commencement of the District right to
discharge as specified in Section 2 of this Modification Agreement, or
the District's termination as in Section 2 of this Modification Agreement
provided, whichever shall first occur.
3
taJr.f'1p,aJj
BOOK 2690 PAGE 348
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District shall hold Landowners and DDMWA free and harmless from any
acts, errors, or omissions of District in the lining, improving, cleaning,
construction, operating, maintaining, repairing, upkeeping, and reconstruct-
ing of Diamond Ditch.
5. The parties intend that all provisions of the Diamond Ditch Agreement,
as amended by this Modification Agreement, shall run with the land and be binding
upon and enforceable against the successors and assigns of District, Landowners and
DDMWA.
6. Except as expressly amended by this Modification Agreement, all other
terms of the Diamond Ditch Agreement are ratified and confirmed.
. :',
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
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ATTEST: <,:'{):i j ~V:',"'.'~, ~Jf
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, J. Pl\T ~. '~MA: ~ i:{ ,i. '
CLERK OF BO~RI?' ;:
SOUTH TAHOE PUBLIC~UXtLITY DIST.
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DIAMOND DITCH MUTUAL WATER
ASSOCIATION
By ch~ ,'Jet" ~~.kq
Title President
,.~'iJr;,.' ' .
ACE RANCH ASSOCIATES
By /)~ P4~
Title ~--'? ../
f-
Christpher Rand Hall,
Whitney Spencer Hall
Kimberly Jean Hall
4
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aoox2690 PA~E34!J
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HUBERT B. BRUNS
~~xi~~
MERLE S. BRUNS
WILTON H. NEDDENRIEP ESTATE
By #(tL~ $qb'<tb~rO/(i Jy "O<Ir!-
KE R. NED ENRIEP, as Ex utor of "
the Estate of Wilton H. Neddenriep
(J~ be, ~A14~
CHRIS H. GANSBERG ~
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ELLEN . GANSBE
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ED H. ANS ERG
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5
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BOOK 2690' PAGE 350
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STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this ~day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared JOHN WYNN, personally known tome to be the per-
son who executed the within instrument as Chairman of the Board
of Directors, on behalf of the public agency therein named, and
acknowledged to me that South Tahoe Public utility District ex-
ecuted the within instrument pursuant to a Resolution of its
Board of Directors.
... WITNESS my hand and official seal.
{Jd a ~;;d
PAT A. MN4ATH, Notary Public in and
for said County and State
~- "",,,. lI"illill.a_I~':llf!UI.III.UUIII""H'.'1
OFFICIAL SEAL
@"PATA'MAMATH=
NOTARY PUBLIC-CALIFORNIA i
EL OORADO COUNTY -
=' .. My commission eXjlircs Jan, 14, 198' I
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aOOK 2690 PACE 351
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STATE OF Nevada
ss.
COUNTY OF Douglas
On this~day of November, in the yeaI986 , before
,me Pi ppr YOllnehpre=DOllc.pttP' a notary public, personally
appeared Arthur E. Hall, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the
person whose name is subscribed t~ this instrument as
Attorney in Fact for the Trustee under trust agreements
dated December 23, 1965 (Christopher Rand Hall, benefici-
ary); December 23, 1965 (Whitney Spencer Hall, beneficiary);
~ and April 27, 1966 (Kimberly Jean Hall, beneficiary); and
acknowledged that he executed it as Attorney in Fact for
the Trustee under said trust agreements.
WITNESS
hand and offical seal.
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NOTP,!fi F~J;.~~l:'.:' f":; J.e;.,
DOUGd.A~ CVL';~"~"~'-Y
Mv Appt, Expires April 27, 19<3"
...
My commission expires
April 27, 1988
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aOOK 2690 PACE 35 2
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WIT N E S S
November 21, 1986 WITNESS the signatures of:
Hubert B. Bruns
Merle S. Bruns
Estate of Wilton H. Neddenriep
by Kent R. Neddenriep, Executor
Chris H. Gansberg
Ellen H. Gansberg
Fred H. Gansberg
Diamond Ditch Mutual Water Association,
a California Corporation by
Chris H. Gansberg, President
G
December 05, 1986 WITNESS the signature of:
Joanne G. Hall, Partner, Ace Ranch Associates
~~~
GENE EPPL~
lOO~pd
aoo~2690 PACE35:]
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this X~ day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw HUBERT B. BRUNS, personally
known to said witness to be the same person described in and
whose name is subscribed to the within and annexed instrument as
a party thereto, execute and deliver the same on November 21,
1986, and HUBERT B. BRUNS acknowledged to said affiant that he
executed the same; and that said affiant subscribed his name
thereto as a witness.
WITNESS my hand and official seal.
fk- tl ;O/~
PAT A. MAMATH, Notary Public in and
for said County and State
..
~U.Hili'4:.l.iIIi'h"iII~.ol;':'.", h "'h' . J.U ' .. s.,'
a ~ OFFICIAL SEA~"- ,..
I ~ NO~~~ ~'BL~:~~~~
= ~ EL DORADO COUNlY
= - My COl11mlsslon explree Jon. 14. ...,
.........................11.................
mdt~
~oor.2690 fAtE35l
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this ~~ day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the wi thin instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw MERLE S. BRUNS, personally
known to said witness to be the same person described in and
whose name is subscribed to the within and annexed instrument as
a party thereto, execute and deliver the same on November 21,
1986, and MERLE S. BRUNS acknowledged to said affiant that she
executed the same; and that said affiant subscribed his name
thereto as a witness.
WITNESS my hand and official seal.
fJr;d- a ~
PAT A. MM~TH, Notary Public in and
for said County and State
~"""'IIU'''IIII''''''''''IIIII''". IU...
@'OFFICIAl..SEAL
PAT A. MAMATH
.... .. HOTARY PUBLIC.CALl!lORNlA ",
, EL DORADO COUNTY. ,
= . My commlS$Jon ~I,... ... ,~. 'M "
~1:UIf"~nFIPHn~!!n"~el2~IfU'"'''' "
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BOOK2690 PAGE355
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this ~ day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is- subscribed to the wi thin instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw KENT R. NEDOENRIEP, Ex-
ecutor of the Wilton H. Neddenriep Estate, personally known to
said witness to be the Executor of the Wilton H. Neddenriep Es-
tate and the same person described in and whose name is sub-
scribed to the within and annexed instrument as a party thereto,
execute and deliver the same on November 21, 1986, and KENT R.
NEDDENRIEP acknowledged to said affiant that the Wilton H. Ned-
denriep Estate executed the same; and that said affiant sub-
scribed his name thereto as a witness.
WITNESS my hand and official seal.
PAT~MA1NrH~~~C in and
for said County and State
.11"..n..IN..IIIIIIIIIIII.........NI
I OFFICIAL HAL ,\ <t"
e PAT A. MAMATH ",- ;:"
: NOTARY PUBLrC-tALlflORNIA,'
I.. EL DORADO COUHTY "
MV commission expires -. t4, '. "
nJJJUU1t;~It.lm.~nl!llIl..ttl"lm .
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BOOK 2690 'PAC'E 35H
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this itIL day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw CHRIS H. GANSBERG, per-
sonally known to said witness to be the same person described in
and whose name is subscribed to the within and annexed instrument
as a party thereto, execute and deliver the same on November 21,
1986, and CHRIS H. GANSBERG acknowledged to said affiant that he
executed the same; and that said affiant subscribed his name
thereto as a witness.
WITNESS my hand and official seal.
W(}~~
PAT A. MAMA'rH, Notary Public in and
for said County and state
......I..IIII..II..S...U..U..IIII...I!'......".
I@'OFFICIALSEAL
;' · PAT A. MAMATH
I- , NOTARY PUBLIC-cALIFORN,,,
. EL DORADO COllNty ,
. My commission expire, .ICII1. 44, "It, -
_I" JlIllII UII"U!I ~Uln"III1~II"IIHt...
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aOOK 2690 p).tf35 '7
4..
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this fI~ day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw ELLEN H. GANSBERG, per-
sonally known to said witness to be the same person described in
and whose name is subscribed to the within and annexed instrument
as a party thereto, execute and deliver the same on November 21,
1986, and ELLEN H. GANSBERG acknowledged to said affiant that he
executed the same; and that said affiant subscribed his name
thereto as a witness.
WITNESS my hand and official seal.
PAT
for
W a ::P$~
A. MAMATH, Notary Public in
said County and State
.,...I'I...lh...........n...H.....III'l...l~
I OFFICIAl. SEAL .
@ PAT A. MAMATH ~,":"
.. . . NOTARY PUBLlC-CALIFOIlNIA
, ~".' EL DORADO COUNTY': :.:_
I ' My commission expires Jail, f... ~"'F '. -,"'J
Q/;;IS'unUU~nnl!lnUllulll..IlIr!I.A.... ,'!!':
and
'C(g".&j
BOOK2690 PAGE358
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this ~~ day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw FRED H. GANSBERG, per-
sonally known to said witness to be the same person described in
and whose name is subscribed to the within and annexed instrument
as a party thereto, execute and deliver the same on November 21,
1986, and FRED H. GANSBERG acknowledged to said affiant that he
executed the same; and that said affiant subscribed his name
thereto as a witness.
WITNESS my hand and official seal.
I............II...II....UJIIIIU. m ill.liMI. .
OFFICIAL SeAL .
@ PAT A. MAMAlH .
NOTARY PUBLIC.(ALI~ r
=.. EL DORADO COUNTY . .
5 .. My commission explr.. Jan.;'J". ,_
DlllIIIUn~I~!n l~~ 2!!1 II UI: In....u.....
~
fb cl ~AzI
PAT A. MA!o1ATH, otary Public in and
for said County and State
j~" ,. . .,
..[6.39
aOOK 2690 PACE 359
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this fill day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said witness was present and saw CHRIS H. GANSBERG, Presi-
dent of Diamond Ditch Mutual Water Association, a California cor-
poration, personally known to said witness to be the person who
executed the within instrument, as President, on behalf of the
corporation therein named, and acknowledged to him that such cor-
poration executed the within instrument pursuant to its bylaws or
a resolution of its Board of Directors, and the same person
described in and whose name is subscribed to the within and an-
nexed instrument as a party thereto, execute and deliver the same
to Diamond Ditch Mutual Water Association on November 21, 1986,
and CHRIS H. GANSBERG acknowledged to said affiant that he ex-
ecuted the same; and that said affiant subscribed his name
thereto as a witness.
WITNESS my hand and official seal.
{k Cl ~4
PAT A. MAMATH, Notary Public in and
for said County and State
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@ OFFICIAL SEAL
PAT A. MAMATH
= .' NOTARY PUBLIC-CALIFORNIA ;
5.": EL DORADO, COUNTY
= My commission explr. Jan. 14. ""
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BOOK 2690 PAGE 360'
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SUBSCRIBING WITNESS ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) SSe
COUNTY OF EL DORADO)
On this f~ day of December, in the year 1986, before
me, the undersigned, a Notary Public in and for said State, per-
sonally appeared GENE EPPLER, personally known to me to be the
person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposes and says:
That GENE EPPLER resides in Douglas County, Nevada, and
that said v,itness was present and saw JOANNE G. HALL, General
Partner, Ace Ranch Associates, a California limited partnership,
to be the person that executed this instrument on behalf of the
partnership and acknowledged to him that such partnership ex-
ecuted it, and the same person described in and whose name is
subscr ibed to the wi thin and annexed instrument as a party
thereto, execute and deliver the same on December ~ 1986, and
JOANNE G. HALL acknowledged to said affiant that she executed the
same; and that said affiant subscribed his name thereto as a wit-
ness.
WITNESS my hand and official seal.
fld a ~~4.
PAT A. MAMATH, Notary Public in and
for said County and State
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' PAT A. MA/l,fAhA
NOTARY PUBLIC '" ,
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- A-ty co COUNTY
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BOOK2690 PAGE361