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Resolution 2392 ,.... 0 -.. ~ \.,- ~ RESOLUTION NO. 2392 A RESOLUTION APPROVING APPRAISAL OF CERTAIN F. HEISE LAND AND LIVESTOCK COMPANY 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 for inclusion in the District's Alpine County effluent disposal project, which property is more specifically described below; 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 , and the basis therefore; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED, AND ORDERED, as follows: 1. That the appraisal report for the "Proposed Acquisition from Heise Land and Livestock Co. Ownership", dated April 17, 1986, and prepared by John M. Nichols, MAl, is approved by this Board. The Board also approves the appraisal of the clay to be removed from the property. 2. That the sum of two hundred six thousand, six hundred forty-five dollars ($206,645.00) constitutes just compensation for the real property proposed for acquisition and specifically described in Paragraph 3.A below, and that the sum of one hundred thousand dollars ($100,000.00) constitutes just compensation for the clay to be removed from the property. 3. That the preceding statement of just compensation is based upon the findings including but not limited to those that follow: -1- A. The legal description of the property ~ addressed herein, which the District proposes to acquire, is attached as Exhibit A and incorporated by reference herein as if set forth in full. B. The owner of record of the instant property is F. Heise Land and Livestock Company, a Nevada corporation. No separately held interests other than those held by the owner of record exist. C. The only improvements upon property are water diversion structures, considered to be part of the real property offer of just compensation is to be made. D. No real property improvements owned by parties other than the above-named owner of record exist. the instant which are for which an \.,.. E. There is no personal property located on the premises that is not to be acquired, other than livestock which may be periodically pastured thereon. 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 District's proposed Alpine County Project; (4) Does not involve any apportionment of compensation because no separately held interests exist in -2- , I \.,. \. \., the property to be acquired. G. The proposed acquisition will not cause any damage to the remaining real property. n Utility Directors ATTEST: {k a. /f'~-aSd PAT A. MAMA Clerk and Secretary South Tahoe Public Utility District * ** *** ***** *** ** * I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2392, 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. 4d~:zil PAT A. MAMATH . Clerk and Secretary of the South Tahoe Public Utility District -3- " \.., LEGAL DESCRIPTION -- DIAMOND VALLEY D~~ PARCEL. All that real property situate in the County of Alpine, State of ~.l'fornia, described as follows: -:- . kll <hat portion of the Southwest quarter of Section 31, Township 11 North, Range 20 East, M.D.M., more particularly described as follows: , Beginning at the South one-quarter corner of said Section 31; thence along the South line of said Southwest quarter North 8ge 47' 42" West 1960.01 feet: thence North 000 00' 00" East 365.00 feet; thence North 800 59' 36" East 1137.02 feet: thence North 620 20' 21" East 163.71 feet; thence North 900 00' 00" East 687.00 feet to a point on the Easterly line of said Southwest quarter of Section 31: thence along said Easterly line South 000 27' 07" East 626.02 feet to the POINT OF BEGINNING, containing 23.95 acres, more or less. Reserving to the condemnee the right to (i) convey water for irrigation purposes through the new Head Ditch which will be connected to condemnee's irrigation ditch (as described in Exhibit 5, Irrigation System Conceptual Map) existing on the date of this conveyance; and (ii) use that certain roadway described on Exhibit E (Legal Description -- Permanent Road Easement) for the limited purpose of operating said diversion boxes and pipe conveyances. \J. For purposes of this Exhibit, the term "condemnee" shall mean the F. Heise Land & Livestock Company, a Nevada Corporation, and the term "condemnor" shall mean the South Tahoe Public Utility District. Exhibit 2 (Heise Land and Livestock Location Map), Exhibit 4 (Diamond Valley Darn Parcel Map), and Exhibit 5 (Heise Land and Livestock Irrigation System Conceptual Map) are attached hereto and incorporated herein by this reference. ~ Exhibit A Page 1 of j \..... LEGAL DESCRIPTION -- HARVEY CHANNEL LAND PARCEL . All that real property situate in the County of Alpine, State of California, described as follows: ~~ a~ : -: . All that portion of Section 36, Township 11 NQrth, Range 20 East, M.D.M., and the Southwest quarter of Section 31, Township 11 North, Range 20 East, M.D.M., more particularly described as follows: ~ Beginning at the South one-quarter corner of said Section 36; thence along the North-South centerline of said Section 36, Nortt 000 20' 07" East 820.00 feet; thence South 290 31' 48" East 760.83 feet; thence along the following courses and distances: North 500 27' 32" East 416.25 feet; North 690 SO' 18" East 493.22 feet: North 900 00' 00" East 162.00 feet; South 710 58' 22" East 177.72 feet; South 710 58' 22" East 177.72 feet: South 570 48' 15" East 144.25 feet: South 390 39' 25" East 197.43 feet: South 830 54' 00" East 131.75 feet; South 760 53' 27" East 149.91 feet; North 830 09' 34" East 929.65 feet; North 870 45' 01" East 280.22 feet: thence South 00000' 00" West 365.00 feet to a point on' the South line of the Southwest quarter of said Section 31; thence along the South line of the Southwest quarter North 890 47' 42" West 596.00 feet to the Township corner of Township 11 North, Ranges 19 and 20 East, M.D.M., thence along the South line of said Southeast quarter of Section 36, South 890 57' 02" West 2665.03 feet to the POINT OF BEGINNING. Containing 29.90 acres, more or less. Reserving to the condemnee the right to (i) use the Harvey Channel (as shown on Exhibit 6) to convey water for irrigation purposes to lands irrigated by the condemnee: (ii) use five (5), diversion boxes from the Harvey Channel (as shown on Exhibit 6), said diversion boxes to be connected by pipe conveyances to condernnee's irrigation ditches (as shown on Exhibit 5) existing on the date of this conveyance: and (iii) use that certain roadway described on Exhibit F for the limited purpose of operating said diversion boxes and pipe conveyances. f For purposes of this Exhibit, the term "condemnee" shall mean the F. Heise Land & Livestock Company, a Nevada Corporation, and the term "condemnor" shall mean the South Tahoe Public Utility District. Exhibit 2 (Heise Land and Livestock Location Map), and Exhibit 6 (Harvey Channel Land Parcel Map) are attached hereto and incorporated herein by this reference. ~ Exhibit A Page 2 of 7. \.. LEGAL DESCRIPTION PERMANENT ROAD EASEMENT -- \.., All that real property situate in the County of Alpine, State of California, described as follows: ~ "--.. ~.-- All that portion of Section 31, Township 11 North, Range 20 East, M.D.M., more particularly described as follows: Commencing at the South one-quarter corner of said Section 31: thence North 000 27' 07" West 2673.46 feet to a point on the Southerly line of Diamond Valley Road as described in Book G, Page 299, Official Records of Alpine County; thence North 890 45' 57" East 734.01 feet to the TRUE POINT OF BEGINNING, said point being on the centerline of a 50' roadway easement for construction and subsequent permanent use: thence along the following courses and distances: South 010 39' 30" East 795.37 feet to the beginning of a tangent curve to the right with a radius of 150 feet and a central angle of 680 57' 17"; thence along said curve an arc length of 180.52 feet: thence South 670 17' 47" West 529.78 feet to the beginning of a tangent curve ~o the left with a radius of 300 feet and a central angle of 190 22' 46"; thence along said curve an arc length of 101.47 feet: thence South 470 55' 01" West 148.92 feet to the beginning of a tangent curve to the left with a radius of 300 feet and a central angle of 80 27' 22"; thence along said curve an arc length of 44.28 feet; South 390 27' 39" West 400.94 feet to the beginning of a tangent curve to the left with a radius of 300 feet and a central angle of 90 02' 50": thence along said curve an arc length of 47.37 feet: thence South 300 24' 49" West 286.95 feet to the beginning of a tangent curve to the right with a radius of 300 feet and a central angle of 300 43' 16": thence along said curve an arc length of 160.85 feet; thence South 610 08' 05" West 31.52 feet, said line being the terminus of the easement description. Said terminus bears North 450 38' 01" West 895.25 feet from the South one-quarter corner of said Section 31. Containing 3.21 acres, more or less. Reserving to the condemnee the right to use the above-described real property for the limited purpose of ingress and egress for the operation and maintenance of the diversion boxes and pipe conveyances described in Exhibits C and D hereto. Por purposes of this Exhibit, the term "condemnee" shall mean the F. Heise Land & Livestock Company, a Nevada Corporation, and the term .condemnor" shall mean the South Tahoe Public Utility Diatrict. Exhibit 2 (Heise Land and Livestock Location Map) and Exhibit 7 (Permanent Road Easement Map) are attached hereto and incorporated herein by this reference. \... Exhibit A Page 3 of 7 \.. \., '-' LEGAL DESCRIPTION -- DIAMOND DITCH SCOSSA PARCEL .. All that real property situate in the County of Alpine, State of California, described as follows: ~, .. ' X!l -that portion of the North half of the Southeast quarter of Section 31, Township 11 North, Range 20 East, M.D.M., more particularly described as follows: BEGINNING at the Southeast corner of the North half of the Southeast quarter: thence along the South line of said North half of the Southeast quarter, South 890 51' 11" West 1880.52 feet; thence North 510 24' 30" East 409.60 feet: thence North 730 12' 53" East 462.90 feet: thence North 840 08' 04" East 336.04 feet; thence North 660 46' 28" East 271.16 feet: thence South 760 53' 30" East 351.10 feet: thence South 340 16' 20" East 336.30 feet to a point on the East line of said Southeast quarter; thence along said East line South 000 49' 11" East 168.10 feet to the POINT OF BEGINNING. Containing 15.17 acres, more or less. Exhibit 2, (Heise Land and Livestock Company Location Map) and Exhibit 8 (Diamond Ditch Scossa Parcel Map) are attached hereto and incorporated herein by this reference. Exhibit A Page 4 of 7 \.. .' .' ~ \. LEGAL DESCRIPTION -- DIAMOND VALLEY SOUTHEAST PARCEL -- All that real property situate in the County of Alpine, State of J;.~ifornia, ,described as follows: .' ....,. ... All that portion of the Northwest quarter of Section 32, Township 11 North, Range 20 East, M.D.M., more particularly described as follows: BEGINNING at the West quarter corner of Section 32: thence along the West line of the Northwest quarter, North 000 49' 11" West 52.02 feet to a point on the Southerly line of Diamond Valley Road as described in Book G, Page 299, Official Records of Alpine County; thence along said southerly line the following courses, North 850 46' SO" East 106.85 feet to the beginning of a tangent curve to the left with a radius of 575 feet and a central angle of 220 42': thence along said curve an arc length of 227.81 feet; thence North 630 04' SO" East 1,086.00 feet to the beginning of a tangent curve to the right with a radius of 2,975 feet and a central angle of 010 46': thence along said curve an arc length of 91.73 feet: thence South 250 09' 10" East 5.00 feet: then6e North 640 50' SO" East 803.50 feet to the beginning of a tangent curve to the right with a radius of 1,970 feet and a central angle of 040 49': thence along said curve an arc length of 165.61 feet: thence north 690 39' SO" East 309.56 feet to the beginning of a tangent curve to the left with a radius of 930 feet and a central angle of 070 37' 59": thence along said curve an arc length of 123.89 feet to a point on the East line of said Northwest quarter of Section 32; thence along said East line South 000 19' 35" East 1,196.14 feet to the center of said . Section 32: thence along the South line of the Northwest quarter of Section 32, South 890 39' 48" West 2,666.79 feet to the POrI-;T OF BEGINNING. Containing 37.25 acres, more or less. Exhibit 2 (Location Map) and Exhibit 9 (Diamond Valley Southeast Parcel Map) are attached hereto and incorporated herein by this reference. Exhibit A Page 5 of 7 \.. \., '" LEGAL DESCRIPTION DIAMOND DITCH AND ACCESS ROAD EASEMENT .. All that real property situate in the County of Alpine, State of California, ~es~ibed as fDllows: All that portion of the Northwest 1/4 of Section 32 Township 11 North Range 20 East, M.D.M. described as follows: BEGINNING at a point on the North line of said Section 32 from which point the Northwest corner of said section marked by a 2-inch diameter capped iron pipe stamped appropriately for section corner and LS 4029 1983 bears South 890 03' 33" West 773.84 feet; thence from sai d POINT OF BEGINNING along the North 1 i ne of said Section 32, North 890 03' 3211 East 141.79 feet; thence leaving said section line South 350 18' 51" East 445.46 feet; thence South 380 44' 10" East 525.58 feet; thence South 460 09' 17" East 181.87 feet; thence South 650 53' 16" East 157.62 feet; thence South 860 03' 02" East 380.54 feet; thence South 070 31' 17" East 297.95 feet; thence South 860 511 3911 East 80.50 feet; thence North 790 DO' 0411 East 117.87 feet; thence North 690 26' 0411 East 55.61 feet; thence North 840 34' 25" East 220.42 feet; thence North 610 43' 3111 East 37.58 feet to a point on the East line of the northeast 1/4 of said Section 32; thence along said East line South 000 19' 3511 East 56.60 feet; thence leaving said East line South 610 43' 31" West 21.16 feet; thence South 840 34' 2511 West 223.88 feet; thence South 690 26' 0411 West 53.15 feet; thence South 790 001 0411 West 128.25 feet; thence North 860 51' 3911 West 36.83 feet; thence South 070 12' 21" East 194.91 feet t:> a point on the Northerly right of way line of Diamond Valley Road; thence along said right of way along a 20.30 foot radius curve to the left, through an angle of 040 23' 4211 tne chord of which bears South 67016' 3311 West 155.68 feet; thence leaving said right of way line North 070 12' 2111 West 280.25 feet; thence North 850 38' 5111 West 356.72 feet; thence North 750 54127" West 162.64 feet; thence North 520 421 0111 West 286.92 feet; thence North 390 01' 0211 West 426.18 feet; thence North 290 46' 24" West 153.56 feet; thence North 230 42' 1711 West 195.00 feet; thence North 260 58' 10" West 241.62 feet; thence North 180 DO' 58" West 91. 79 feet; thence North 050 281 3111 West 125.68 feet to the POI NT OF BEGINNING. Containing 14.08 acres more or less. For the purpose of recon- structing, rehabilitating, maintaining, and operating the existing Diamond Ditch and a portion of the existing Diamond Ditch siphon, which Ditch and portion of the existing siphon are situate within the aforementioned described easement, and the right to construct, maintain and operate a portion of a new s1phon parallel to said existing siphon all within the aforementioned easement. Also, for the purpose of constructing, maintaining, and reconstructing an easement road (unpaved) from Diamond Valley Road to the northerly end of the Diamond Ditch. Easement to be limited to the South Tahoe Public Utility District for operation and maintenance and to the Heise Land and Livestock Company for agricultural operations only. Exhibit 2 (Heise Land & Livestock Location Map) and Exhibit 10 (Diamond Ditch Easement Map) are attached hereto and incorporated herein by this reference. EXHIB IT A Page 6 of 7 ~ LEGAL DESCRIPTION -- CLAY MATERIAL REMOVAL !he.right to_remove up to 100,000 cubic yards of clay material. ~J:ygm. the following described real property situate in the County of Alpine, State of California: All that portion of the Northeast quarter of Section 31, Township 11 North, Range 20 East, M.D.M., more particularly described as follows: ~ Commencing at the Northeast corner of Section 31; thence along the East line of said Section 31, South 000 49' II" East 1150.00 feet to the True Point of Beginning; thence continuing South 000 49' 11" East 820.00 feet: thence North 750 54' 40" West 239.46 feet; thence South 600 07' 26" West 542.03 feet; thence South 110 45' 38" West 362.18 feet to a point on the Northerly line of Diamond Valley Road as described in Book G, Page 299, Official Records of Alpine County; thence along said Northerly line the following courses, North 890 17' 10" West 800.00 feet: thence South 000 42' 50" West 5.00 feet: thence along a curve concave to the South with a radius of 3025 feet, a central angle of 010 23' 00", an arc length of 73.03 feet; thence South 890 19' 50" West 969.38 feet to a point on the West line of the Northeast quarter of said Section 31; thence along said West line North 000 27' 07" West 1250.00 feet: thence North 720 45' 56" East 1859.52 feet; thence South 600 15' 18" East 322.49 feet; thence South 190 26' 24" East 360.56 feet: thence North 780 15' 02" East 449.95 feet to the TRUE POINT OF BEGINNING. Containing 81.83 acres, more or less. Such right to remove clay material shall continue until completion of construction of the dams and associated facilities to be constructed on the Diamond Valley Dam parcel as shown on Exhibit 4, and BLM lands. Exhibit 2 (Heise Land and Livestock Company Location Map) is attached hereto and incorporated herein by this reference. BXHIBIT A Page 7 of 7 \r \... .. It t- \., ~,,' I '. ~ I I i :.. :1: . I i ~ " U'.: . . .. ~'J\ I : I! '; I i \ ,: IiI / :1 ~ I I j I '-:T I ; I I I 1 , J ) \ \ I ". :.n f1 ....- Q'l ..: I .. ... ." I ~ '- .~:,::~I i . ........ ~ ' /' I..)~~ : I ~, _"q" .^'-. I i ~ .' , " I I ~ '- 1 I // "'" I ", I J=:-:~-() "",'---~--I--"r,. , r- m ',I , 3: '. I : o(~'fo-'"......""'...I... ~ '/' m 0 ". , I'" ol....J > = :t...: I ! i: .en=> I -y l I '., i\ m. ~ I I 3: 0( : ('" . I m \ ( 'l. ")x 2: ~ I ' I r, """ I . I" '--'~~-'~ mOl I >-, en> I . m3: : 3:0 V m2 20, ""'01 :jl gf i:: I " . 1 . I I t ~~ 23: c 1 : ! -i... I '\:-. : ,., I ~~:~ .... III ... .. w .... III . " . HE~S LAND & 1 iVESTOCK LOCATI9N MA~ CUl,P.weSNER.CULP CONSULTING INGINEEIIS fl.' ~XHIBIT 2 \. .. I I I, .~ ! ! i ! ~I , :.'1' ..J I I I I' i I, \., , ! I: : ! . ~ ~... EXHIBIT 4 .I co- \ 1": m -< E -l -< "tJ m ... o C ~ (') ::r - ::r > :Xl < m -< (') ::r > z z m r- ... \ CIl ... .. Co) ... .. . DIAMOND \( AL EY DAM PARCEL 'I P SNER.CUI.P CUI.P.we ENGINEEI'IS CONSULTING ~ .. ~ ,. '" :.',' 'f' \.. ~~~ li:.. ~~ :~, I ~.'; : . .- ~\~\ \\; . I \ \ / ! \ '\ I oJ \ \ , \ li . t:~ <)" t ",/, .. .. .. III n Q) == Jt rn -n F("''''''''r ~' N > ," .., 2 - i1 0, CD ..2 ~ ~ "r- ..- ,> /2 -. " - - ,. , -~,'~ '-' I ....~.. "'.. I : .'t~~:~ /""!',~ : I r' ,- q"" .,,-- I I ~ I: ,'... '- : I tA ,.,~ Cl I ", J::::~-(')"", '------I--t=,~' ") r- m ,I I, ... x ~ - '" I' , , <""",. ....-1 ; I' mO '1'\ I.......i,. > ~ :... ,: I ! -; .~ = ( -y ~ I '\ x<: ('" I, I m \ ( 'l. "N. z: ~ I ' I r' "'" ' ,- iijot-;": -II ~ >-1 CIl> I . m3: : ~~V zo, ""'01 ::jl t"lf L4. 1- I ';,,- 1 I I I' .1 I~ ;~ / -4~ " ....--, S" L......,~ .41 '''' 1;1 '.~ E ~>.. -i. -1:":':': ~ - . - . . . , . . .---,' ,...12.140.000, . - ,=-- 1"'= t >r- ~s: 1 ! ",+"~-L ..' . ... .. . ...' . . . EXHI~IT 5 HEISE LAND LMSTOCK IRRICA l10N S-VSTEM CONCEPTUAL MAP CULP.weSNER.CULP CONSULTING ENGINEERS .; ~ .-fI:o ,~ .. \ :POt. m -< -f 0( ~ ~ m .. 0 0 ,. -f n '-' :t ..... :t > :a < m 0( n :t > Z Z m r- - I :"i' .. I 'I I i I I I " I 1 I f. \ T I \.. *1' '~I ;f I .1 'I I, I CII ... - M ... . . .~ . i' EXHIBIT 6 HAItVEY CHANNEL ~ PARCEL MAP CUUO.WESNER.CUUO CONSULTING ENGINEERS \..1 ; i Of lj , \.. I ;.'1' '11 \. ~ .. Col ... N I.~ I ell ell ~ ~.. .. EXHIBIT 7 PERMANEN~ ROAD EASEMENT MAP , CULPoweSNER.CUl.P CONSULTING INGINIEAS \.. ,," ~ t' \., I",' '. ' ~. " ... .. \, c, 1-0\ ~ , ;.. ,~ l Z ClI i . . ~ -< ~ .. C ~ C') :I: !-:':"'~':"":":":":-I":""'""-""'-"'-'" "'''- ,.,' '" "".1 ......,....- :::: :::: :::>:"1>:1:: "'''i\,'''''' ,..., ,"''', . i '-Wllil_~_ wi; I,. I II I,' . , , . : . , ~~ ~ .-tn,......J.._....:_. . ' . ii;;!'iUffH,.:I!..m! iliijL_; ! ;O-~IT!lm!jTI "', . \. " ~ I "'" """ ::'::::';1::::1:: z__ lIT~ ~, III N ,. ... III ill "'! S IJI ... ,.., .:; . '.. ~ ;ji :j g A Ol - ~ ' . 4Q' I'. W. Co) ... N 'Il) ... III III EXHIBIT 8 DIAMOND DITCH SCOSSA PARCEL MAP CUL.P.weSNEFl.CULP CONSULTING INOINUIIIS '. , ,~,.. ~ 1 t~ .. N 00.1' '".W .. ~ \ , ~ Q,\ ~ ~~ .... ,. ~ ... , 2 " \ Ii- I II I ; 0 \... ~ ~ ~ ~ '" -< "'- '.' a 0" . '.'1' 141 I 'X~' ~ "," ~ ... ~ m .... ell ell EXHIBIT 9 OIAMON 0._ SOUTHEAST P ReEL MAP CULP. WESNE"loCUL.P CONSULTING INGINIIIlS ,~ \: ~ ~ \.l I .. I I I , ( " \., I I~'i' 't j ~ .. , . ; . ~ . --=-~ ~.if/l."ClO :". ~ ~. CI ~ ~ 'l) Co) ... N Gl ... III III I' EXHIBIT 10 DIAMOND DI~CH EASEMENT MAP