Resolution 2403
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RESOLUTION NO. 2403
RESOLUTION OF NECESSITY
(Melvin Schwake, Jr.)
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 seq. 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 I through Land 11 through 16
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) The offer required by Government Code
Section 7267.2 has been made to the owner of record of the
property described in this resolution.
The foregoing resolution is passed and adopted
this 19th 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.
ATTEST:
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PAT MAMATH
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 19th day of June, 1986.
UTILITY DISTRICT
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EXHIBIT I
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LEGAL DESCRIPTION
HARVEY DIVERSION STRUCTURE EASEMENT
All that real property situate in the County of Alpine, State of
California, described as follows:
All that portion of Lot 15, Section 5, Township 10 North, Range
20 East, M.D.B.& M., more particularly described as follows:
Beginning at a point on the South line of Lot 15 which bears
North 89039'50" West 330.0 feet from the Southeast corner of Lot
15; thence along the South line North 89039'50" West 384.59 feet;
thence North 37050' East 95.55 feet; thence North 02055' West
567.81 feet; thence North 10005' East 165.00 feet; thence North
26022'15" East 210.88 feet; thence South 52055' East 100.00 feet;
thence South 10005' West 297.3l feet; thence South 02055' East
197.73 feet; thence South 33027'32" East 354.43 feet; thence
South 00020'10" West 150.00 feet to the True Point of Beginning.
Containing 4.51 acres, more or less.
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This easement is permanent and nonexclusive except as specified
below. It is for the purposes of construction, repair,
maintenance, improvement, reconstruction and operation of the
Harvey diversion structure and other facilities related to the
South Tahoe Public Utility District's wastewater storage and
transmission project.
This easement is exclusive with regard to the Harvey diversion
structure area. The "Harvey diversion structure area" includes
the diversion structure itself, any road built thereon, and the
area extending out from the diversion structure to a distance of
20 feet from its exterior edge. The "diversion structure"
includes the channel and berm, substantially as depicted on
Exhibit 13 attached hereto. The South Tahoe Public Utility
District ("District") shall have the right to, among other
things, fence the Harvey diversion structure area.
Holders of interests in the instant property, other than the
District, shall have no rights of access or use within the Harvey
diversion structure area except as specified herein.
The following rights in the Harvey diversion structure area are
reserved to the fee owner:
1)
The right of vehicular access for the sole purpose of
installing and maintaining a twelve inch irrigation
pipeline. This right shall not be exercised without prior
notice to the District and shall not interfere with the
District's project or project-related activities. The
irrigation pipeline shall be located pursuant to the mutual
written agreement of the District and Melvin Schwake, Jr.
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2)
The right of pedestrian access. On the diversion structure
itself, such access shall be limited to that necessary for
ranching purposes.
Exhibit 11 (Schwake Location Map), Exhibit 12 (Schwake Irrigation
System Conceptual Map), and Exhibit 13 (Harvey Diversion
Structure Easement Map) are attached hereto and incorporated
herein by this reference.
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EXHIBIT J
LEGAL DESCRIPTION -- HARVEY CHANNEL EASEMENT
All that real property situate in the County of Alpine, State of
California, described as follows:
All those portions of Section 5, Township 10 North, Range 20 East
M.D.B.& M., more particularly described as follows:
BEGINNING at a point coincident with coordinates North 405,527
and East 2,625,421 (California Coordinate System), follow a
centerline for the 200 foot construction easement and a 100-foot
permanent easement, North 230 East, 122 feet; thence North 670
East, 105 feet; thence North 490 East, 145 feet; thence North 110
East, 205 feet; thence North 480 East, 590 feet; thence North 450
East, 505 feet; thence North 730 East, 246 feet; thence North 320
East, 383 feet; thence North 610 East, 580 feet; thence North 690
East, 379 feet; thence North 410 East, approximately 140 feet
where it intersects the property line.
This easement is permanent and nonexclusive. It is for the
purposes of construction, repair, maintenance, improvement,
reconstruction and operation of a channel for the conveyance of
water, exclusive of treated wastewater from the South Tahoe
Public Utility District facilities, and of other facilities
associated with such channel. It includes incidental rights of
vehicular access, construction, maintenance, repair, improvement
and reconstruction sufficient to provide for unobstructed
operation of the channel and other facilities related to the
South Tahoe Public Utility District's wastewater storage and
transmission project.
Exhibit 11 (Schwake Location Map), Exhibit 12 (Schwake Irrigation
System Conceptual Map), and Exhibit 14 (Harvey Channel Easement
Map) are attached hereto and incorporated herein by this
reference.
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EXHIBIT K
LEGAL DESCRIPTION -- UPPER DRESSLER DITCH EASEMENT
All that real property situate in the County of Alpine, State of
California described as follows:
All those portions of Section 5, Township 10 North, Range 20 East
M.D.B.& M., more particularly described as follows:
Beginning at a point coincident with coordinates North 404,962
and East 2,626,675, (California Coordinate System), an 80 foot
easement, the centerline of which follows a line easterly
approximately 620 feet along the 5,624 contour gradually
descending to contour 5,620 at the intersection with the property
line.
This easement is permanent and nonexclusive. It is for the
purposes of construction, repair, maintenance, improvement,
reconstruction and operation of a channel for the conveyance of
water, exclusive of treated wastewater from the South Tahoe
Public Utility District facilities, and of other facilities
associated with such channel. It includes incidental rights of
vehicular access, construction, maintenance, repair, improvement
and reconstruction sufficient to provide for unobstructed
operation of the channel and other facilities related to the
South Tahoe Public Utility District's wastewater storage and
transmission project.
Exhibit 11 (Schwake Location Map) and Exhibit 15 (Upper Dressler
Ditch Easement Map) are attached hereto and incorporated herein
by this reference.
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EXHIBIT L
LEGAL DESCRIPTION -- HARVEY DIVERSION ACCESS ROAD
All that real property situate in Alpine County, State of
California, described as follows:
All that portion of Lots 4 and 15, Section 5, Township 10 North,
Range 20 East, M.D.B.& M., more particularly described as
follows:
Beginning at a point on the East line of the West 1/2 of said Lot
4 which bears North 01022'35" West 404.03 feet from the Southeast
corner of Lot 4, said point being on the centerline of this 50
foot wide access easement, and on the centerline of an existing
dirt road; thence along the existing dirt road the following
courses, South 87030'55" West 145.07 feet; thence South 86038'40"
West 256.65 feet; thence South 75038'12" West 79.16 feet; thence
South 66046'19" West 90.06 feet; thence South 54046'52" West
295.73 feet; thence South 37018'36" West 59.93 feet to the
beginning of a tangent curve to the right with a radius of 200
feet and a central angle of 53000" thence leaving said dirt road
along said curve an arc length of 185.00 feet; thence North
89041'24" West 335.53 feet to a point that bears North 00018'36"
East 25.00 feet from the corner common to Lots 4, 5, 14 and 15;
thence continuing along the centerline North 89039'50" West
330.00 feet to a point on the East line of the Harvey Diversion
Structure Easement.
This easement is permanent and nonexclusive. The purpose of this
easement is to provide unrestricted access, including vehicular
access, for all activities related to the construction, repair,
maintenance, improvement, reconstruction and operation of the
South Tahoe Public Utility District's Alpine County wastewater
storage and transmission project. It includes incidental rights
of construction, maintenance, repair, reconstruction and
improvement of such lands to provide for unobstructed ingress and
egress across the easement.
Exhibit 16 (Permanent Access Road Easement Map) is attached
hereto and incorporated herein by this reference.
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EXHIBIT 11
SCHW AleE
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EXHIBIT 13
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EXHIBIT 14
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