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Resolution 2401 '\.., \..r ~ '. 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 -1- ~ 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 '-' ~ -2- \.., ~ \.-. . - .' " 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 -3- ~ ~ ~ " . . . , 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. \ ' I f.. '. '1 ,. \. ~--"::;.=~~'':~~:_':...:- . - - .- .. ".._. _. .----.--.- .,;.-;. c-:C-=h;,:~"'"' ',-"'f", ""-===,..;.,;:~,;::;;::~~~,,,,:,~, ..;j~~~_-:...~"'r_....-~~~_ \, f' " .~:. "'<'\" , ~:~-... ~.t ~. f'i\--I' - ! \!""~.~.-.-i .1 . . ~... ' ..... -- ,~~ Gt .. .".) ......--.. .~>~...., ..~<.~.. .'" ',~'--l'~-,' : .,. - .......... :. '\. " J': :: .... . . \ . ~- : I , ~'i' 'II I i ..' I , ! I I I I \.. w , N Cl) , CD Cl) EXHIBIT 1 HARVEY PLACE PARCEL MAP CULP. WESNER .CUl.P CONSULTINCl ENClINEEJIIS I c:.u.utoH NaJI. c:.a ..,.,...... CA CKNYCJIt. co