Resolution 2401
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RESOLUTION NO. 2401
RESOLUTION OF NECESSITY
(Roy Heise and F. Heise Land and Livestock Company)
RESOLVED, by the Board of Directors of the South
Tahoe Public Utility District, El Dorado County, California,
that,
WHEREAS, the Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT has given each person whose property
is to be acquired by eminent domain and whose name and
address appear on the last equalized County Assessment Roll
notice and a reasonable opportunity to appear and be heard
this date on the matters referred to in California Code of
Civil Procedure Section 1240.030,
in accordance with
California Code of Civil Procedure Section 1245.235; and
WHEREAS, the Board of Directors heard from those
persons whose names appear in the minutes of the meeting of
the Board of Directors of the District held this day;
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED
and FOUND as follows:
1. SOUTH TAHOE
PUBLIC
UTILITY
DISTRICT
is
authorized to acquire property by exercise of the power of
eminent domain pursuant to California Public Utility Code
Sections 15501, et ~. and Public Contract Code Section
20202.3, for the construction,
operation and use of
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~ wastewater effluent storage and conveyance facilities which
are a means for the disposition of sewage, and the subject
property is to be condemned for the construction, operation
and use of wastewater effluent storage and conveyance
facilities.
2. Descriptions of the property to be taken and
maps depicting the location and extent of such property are
attached hereto as Exhibits A and 1 and incorporated herein
by reference.
3. The Board of Directors of SOUTH TAHOE PUBLIC
UTILITY DISTRICT, after due deliberation, finds and
determines each and all of the following:
(a) The public interest and necessity require
the proposed project;
(b) The proposed proj ect is planned or
located in the manner that will be most compatible with the
greatest public good and the least private injury;
(c) The property described in this resolution
is necessary for the proposed project; and
(d) Offers required by Government Code
Section 7267.2 have been made to the owners of record of the
property described in this resolution.
The foregoing resolution is passed and adopted
this 12th day of June, 1986, on the following vote, which is
the affirmative vote of at least two-thirds (2/3rds) of all
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of the members of the Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT.
5 Ayes;
o Nayes.
Utility
Directors
ATTEST:
Pf!vMAMAt?& ~~
Clerk and Secretary
CERTIFICATION
I, JAMES R. COFER, 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 12th day of June, 1986.
UTILITY DISTRICT
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EXHIBIT A
LEGAL DESCRIPTION -- HARVEY PLACE PARCEL
All that certain real property situate in the County of Alpine,
State of California, more particularly described as follows:
West half of Lots 4, 10, 11 and 14 of Section 4; all of Lots 12
and 13 of said Section 4. East half of Lots 3 thru 6 inclusive
of Section 5. All in Township 10 North, Range 20 East, M.D.B.&
M. Containing 480 acres more or less.
Together with all rights in and to those portions of the
reservoir known as Stevens Lake located on the above-described
real property.
Together with all water rights for the above-described real
property, including, without limitation, the decreed water rights
referred to in claim numbers 47, 48, 453, 454 and 455, as set
forth in the Final Decree entered by the United States District
Court for the District of Nevada in United States of America v.
Alpine Land & Reservoir Company et al., Civil No. D-183 BRT.
Together with all rights in and to the Snowshoe Thompson No. 1
Ditch, also sometimes referred to as the Diamond Valley Ditch,
and Indian Creek, shown on Exhibit 1 (map of Harvey Place),
attached hereto and incorporated herein by this reference.
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EXHIBIT 1
HARVEY PLACE PARCEL MAP
CULP. WESNER .CUl.P
CONSULTINCl ENClINEEJIIS
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