Resolution 2393
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RESOLUTION NO. 2393
A RESOLUTION APPROVING APPRAISAL OF CERTAIN
MELVIN SCHWAKE, JR. 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 real
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 real property I
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 "Proposed
Acquisition from Melvin Schwake, Jr.", dated April 18, 1986,
and prepared by John M. Nichols, MAl, is hereby approved by
this Board.
2. That the sum of twenty-four thousand eight hundred
thirty-five dollars ($24,835.00) constitutes just compensa-
tion for the real property described in Paragraph 3.A.
below.
3. That the preceding statement of just compensation is
based upon findings including but not limited to those that
follow:
A. Three permanent easements,
covering approx-
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imately 11.17 acres, and a fee interest in approximately
\.... 4.63 acres are to be acquired. The legal descriptions of
these property interests are set forth in Exhibit A attached
hereto and incorporated by reference herein as if set forth
in full.
B. As of April 18, 1986, the owner of record of the
instant property was Melvin Schwake, Jr. No separately held
interests existed as of that date.
C. The only improvements upon the property are
water diversion structures which are considered to be part
of the real property for which an offer of just compensation
is to be made.
D. No real property improvements owned by parties
other than the above-mentioned owner of record exist with
~ regard to the property at issue herein.
E. There is no personal property located on the
premises that is not to be acquired other than livestock
which are pastured thereon periodically.
F. The District's determination of just
compensation:
(1) Is based on the fair market value of the
property;
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(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
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compensation, because no separately held interests in the
~ real property exist.
G. The District proposes to improve the property to
be acquired by relocating diversion structures, installing
culverts, and constructing a crossing over a flood control
channel. Such acquisition and improvements will not diminish
the value of the remaining property, and may enhance that
value.
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ATTEST:
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PAT A. MAMATH
Clerk and Secretary
South Tahoe Public Utility
District
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I hereby certify that the foregoing is a full, true and
correct copy of Resolution No. 2393, 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
Directors in favor;
(Wynn, Mason, Olson, Jones)
o Directors opposed; and
1
(Madden)
Directors absent.
fJd (/, ~~,9d
PAT A. MAMATB
Clerk and Secretary
of the South Tahoe Public
Utility District
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LEGAL DESCRIPTION
HARVEY DIVERSION STRUCTURE PARCEL
All that real property situate in the County of Alpine, State of
California, described as follows:
All that portion of Section 5, Township 10 North, Range 20 E,
M.D.B.& M., more particularly described as follows:
BEGINNING at a point with California Coordinates North 404,550
and East 2,625,300, the centerline of a 300 foot nonexclusive
easement; thence North 50 30' East 140 feet to a point where the
easement has tapered to 200 feet in width: thence North 50 00'
West, 635 feet to a point where the easement is reduced to 100
feet in width: thence North 380 30' East, approximately 325 feet
to the intersection of property line.
Reserving to the condemnee a right to use that certain roadway
described on Exhibit L attached hereto and incorporated herein by
this reference, for the limited purpose of operating and
maintaining condemnee's irrigation facilities.
For purposes of this Exhibit, the term "condemnee" shall mean
Melvin Schwake, Jr. and the term "condemnor" shall mean the South
Tahoe Public Utility District.
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.
Exhibit A
Page 1 of 4
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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.
Reserving to the condernnee a right to use that certain roadway
described on Exhibit L attached hereto and incorporated herein,
for the limited purpose of operating and maintaining condemnee's
irrigation facilities.
For purposes of this Exhibit, the term "condemnee" shall mean
Melvin Schwake, Jr. and the term "condemnor" shall mean the South
Tahoe Public Utility District.
Exhibit 11 (Schwake Location Map), Exhibit 12 (Schwake Irrigation
System Conceptual Map), and Exhibit 13 (Harvey Channel Easement
Map) are attached hereto and incorporated herein by this
reference.
Exhibit A
Page 2 of 4
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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.
Exhibit 11 (Schwake Location Map) and Exhibit 15 (Upper Dressler
Ditch Easement Map) are attached hereto and incorporated herein
by this reference.
Exhibit A
Page 3 of 4
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LEGAL DESCRIPTION -- PERMANENT ACCESS ROAD EASEMENT
All that real property situate in Alpine County, 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 California coordinates North
404,976 and East 2,626,684, a 50-foot road easement, the
centerline of which bears South 520 West, 700 feet; thence North
890 West, 800 feet more or less to an intersection with the
Indian Creek Diversion structure.
Continuing from a point coincident with California coordinates
North 405,364 and East 2,627,726, a 50-foot easement, the
centerline of which bears South 20 West, 140 feet; thence North
590 West, 225 feet; thence South 110 West, 70 feet more or less
to an intersection with the Upper Dressler Ditch Maintenance
Road.
Reserving to the condemnee a right to use that certain roadway
described on Exhibit L attached hereto and incorporated herein,
for the limited purpose of conducting agricultural operations on
land owned by condemnee at the time of this conveyance.
For purposes of this Exhibit, the term "condemnee" shall mean
Melvin Schwake, Jr. and the term "condemnor" shall mean the South
Tahoe Public Utility District.
Exhibit 16 (Permanent Access Road Easement Map) is attached
hereto and incorporated herein by this reference.
Exhibit A
Page 4 of 4
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