Loading...
Resolution 2404 '. \." \., ~ .' 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 -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. 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 -. '-' -2- ...... of the members of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT. 5 Ayes; o Nayes. ATTEST: .fk tl ~~ 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 12th day of June, 1986. UTILITY DISTRICT ~ -3- \.< '-' \., .. . 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. .., '.. . . r \., , I ", .. Ij , \., ;~'I' " \.., EXHIBIT 17 Sf: ,.'" z:l/l T'l.... ~~ o -tA tI:l~ k ~c / 22~ ....>- \ ("l~CJt ) =~~ "" C' ~ co .......... D~,- "4'0 Di~\ , ~\ " lSllJli.! 111~l"" ~~~ t'I~;:! :r > ... l11Z0 Zl'1-n -i~~ r fT1 7'" c:: 3 OQ fT\ 7Q i"O -<: ~ ~ z (;!, z_ CIl ... .. Co) ... Clt Clt DIAMOND DlTCH lEKUMBERRY EASEMENT CULP. weSNER .CUl.P CONSULTING ENGINEERS