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Resolution 2394 ~ \... \.... r. . RESOLUTION NO. 2394 A RESOLUTION APPROVING APPRAISAL OF CERTAIN JEAN LEKUMBERRY OWNERSHIPS, ALPINE COUNTY RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, El Dorado County, California, that, WHEREAS, the District seeks to acquire certain property proposed for inclusion in the District's Alpine County Project and more specifically described below; and WHEREAS, the District has appraised the property, which appraisal is currently covered by the attorney-client privilege provided in Government Code Section 6254(h); and WHEREAS, the District has established the amount estimated to be just compensation for such property, and the basis therefore, as outlined below; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED, and ORDERED, as follows: 1. That the appraisal report regarding the "South Tahoe Public Utility District Diamond Valley Effluent Disposal Project, Alpine County, CA: Value of Lekumberry Easement", dated May 14, 1986, and prepared by John M. Nichols, MAl, is hereby approved by this Board. 2. That the sum of two hundred fifty dollars ($250.00) constitutes just compensation for the property described in Paragraph 3.A. below. 3. That the preceeding statement of just compensation is based upon findings including but not limited to those that follow: -1- -.. \. \., A. The interest to be acquired is the right to increase the flow of water in an existing easement. The District already possesses the right to use of the easement. The legal description of the property addressed herein is attached as Exhibit A and incorporated by reference herein as if set forth in full. B. As of May 14, 1986, the owner of record of the underlying real property was Jean Lekumberry. C. There are no improvements upon the property interest to be acquired for which an offer of just compensation is to be made. D. No real property improvements owned by parties other than the above-mentioned owners of record exist with regard to the property at issue herein. E. There is no personal property located on the property interest to be acquired. F. The District's determination of just compensation: (1) Is based on the fair market value of the property; (2) Is not less than the approved appraised value of the property; (3) Disregards any decrease or increase in the fair market value of the property caused by the contemplated Alpine County project; (4) Does not involve any apportionment of compensation, because no separately held interests in the real property exist. -2- G. The District proposes to acquire the right \.... to increase the rate of water flow in an easement the District now owns. Therefore, there is no damage to remaining real property other than that giving rise to the amount of just compensation established above. JOHN South Distri , Chairma hoe Public Utility Board of Directors ATTEST: Id tl ~~ PAT A. MAMATH ~. Clerk and Secretary South Tahoe Public Utility District '-' '-' -3- \.., -. ~ * ** *** ***** *** ** * I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2394, duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, El Dorado County, California, at a meeting thereof, duly held on the 15th day of May, 1986, by the following vote: 4 (Wynn, Mason, Olson, Jones) Directors in favor; o Directors opposed; and 1 Directors absent. (Madden) Id t1 #(~~ PAT A. MAMATB Clerk and Secretary of the South Tahoe Public Utility District -4- ~ ~ ~ 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 610 061 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 2, Diamond Ditch Easement, Lekumberry Map is attached hereto and incorporated herein by this reference. Exhibit A Page 1 of 1 . . ~ , , "I "'- D/~'-- ~4'D D~\ ~\ " ..., co ~ co -t'Ji I'\)~ h ~o .~ / 22~ I ~~(j; ) ~~ ~ ~ , .. . I I, I' ,. \.,. ~1IJli! ""r-, ~~~ . r ~ t"I:I~ rn 3>CII -,.::. ~~O c: -t2:~ 3: i"l' '. ~Ol 0l:I q rrt 7Q ~ 7Q -< j I ,Z_ z ~ GO ... .. .w ... . . \.., EXHIBIT 2 I DIAMOND D[TCH LEKUMBERRY EASEMENT CULP.WESNER.CULP CONSULTING ENGINEERS