Resolution 2404
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RESOLUTION NO. 2404
RESOLUTION OF NECESSITY
(Jean Lekumberry)
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 l245.235; 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. A description of the property to be taken and
a map depicting the location and extent of such property are
attached hereto as Exhibits M and 17 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 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.
ATTEST:
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PAT MAMATH '
Clerk and Secretary
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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 M
LEGAL DESCRIPTION
DIAMOND DITCH - LEKUMBERRY EASEMENT
.All that real property situate in the County of Alpine, State of
California, described as follows:
All that portion of the Southeast quarter of the Northwest
quarter of Section 29, Township 10 North, Range 20 East, M.D.M.,
more particularly described as follows:
BEGINNING at the West quarter corner of said Section 29; thence
South 890 09' 13" East, 1,763.6 feet to the TRUE POINT OF
BEGINNING said point being on the centerline of the Diamond Ditch
an easement which extends 15 feet to the West and 35 feet to the
East and following along the alignment of the existing Diamond
Ditch; thence North 220 30' East, 430 feet; thence North 100 30'
West, 190 feet; thence North 490 00' West, 120 feet; thence North
800 00' West, 430 feet to an intersection with the West property
line, said point being North 610 06' 04" East, 1,481.5 feet from
the West quarter corner of Section 29. Containing 1.3 acres,
more or less.
A perpetual easement in gross to the South Tahoe Public Utility
District for the purpose of reconstructing, rehabilitating,
lining, maintaining and operating the Diamond Ditch for the
conveyance of water, sewage effluent or other waste material at
the maximum flow rate of forty cubic feet per second (40 cfs).
Exhibit 17, Diamond Ditch Easement, Lekumberry Map is attached
hereto and incorporated herein by this reference.
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EXHIBIT 17
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DIAMOND DlTCH
lEKUMBERRY EASEMENT
CULP. weSNER .CUl.P
CONSULTING ENGINEERS