Loading...
Resolution No. 1420 i 11100 1 RESOLUTION NO. 1420 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT MAKING 3 DETERMINATIONS AND APPROVING THE PROPOSED ANNEXATION OF TERRITORY, DESIGNATED AS "SOUTH 4 TAHOE PUBLIC UTILITY DISTRICT ANNEXATION N0. 1969-10, AND MAKING DETERMINATIONS AND APPROVING 5 THE ANNEXATION OF SAID TERRITORY TO IMPROVEMENT DISTRICT NO. U-1 OF THE SOUTH TAHOE PUBLIC UTILITY 6 DISTRICT, DESIGNATED AS ANNEXATION NO. 1969 -3-U -1 TO SAID IMPROVEMENT DISTRICT 7 8 9 RESOLVED, by the Board of Directors of the South Tahoe 10 Public Utility District, El Dorado County, California, as 11 follows: 12 WHEREAS, on November 20, 1969, this Board adopted its 44111, 13 Resolution No. 13$5, A Resolution of Application By South Tahoe 14 Public Utility District Requesting That Local Agency Formation 15 Commission Take Proceedings For Annexation of Territory to the 16 District, which resolution, together with a form of Written 17 Consent of all of the owners of land of all the territory 18 proposed to be annexed was filed with the Executive Officer of the Local Agency Formation Commission of the County of El Dorado; 19 and 20 WHEREAS, on December 17, 1969, the Local Agency 21 Formation Commission of El Dorado County adopted its Resolution 22 No. 34 -69, A Resolution of the Local Agency Formation Commission 23 of the County of El Dorado Making Determinations and Approving 24 the Proposed Annexations of Territories, Designated as "South 25 %bw Tahoe Public Utility District Annexations No. 1969 -5, 1969-6, 26 1969 -7, 1969$, 1969 -9, and 1969-10, to the South Tahoe Public 27 Utility District; and 28 WHEREAS, the Written Consent provided as a term and 29 condition of said annexation that said territory be included 30 within an improvement district which provides for sewer service 31 to said lands proposed to be annexed, which said improvement 32 district is known as Improvement District No. U -1 of the South WE AN & GILMOUR IRNEYS AT LAW 6 MAIN STR EET PLACERVILLE, CA 95667 TELEPHONE 19161 622 -5260 lbw 1 Tahoe Public Utility District, and all of said owners have 2 consented in writing to inclusion of said territory within said 3 improvement district; and 4 WHEREAS, because of the geographical location of the 5 territory to be annexed, the District can adequately and 6 economically furnish services, specifically sewer services, 7 which are urgently needed within said territory, and no other 8 governmental agency is now able to so furnish such services, g and there is presently no prospect that any other such agency 10 will be able to so furnish such services within the reasonably 11 forseeable future; and 12 WHEREAS, South Tahoe Public Utility District was 13 directed by said Local Agency Formation Commission by its said 14 Resolution No. 34--69 to annex said territory herein proposed 15 to be annexed to said South Tahoe Public Utility District, to 16 said Improvement District No. U-1 of the South Tahoe Public 17 Utility District; and 18 WHEREAS, the annexation of said territory to the South 19 Tahoe Public Utility District and to Improvement District No. 20 U-1 of the South Tahoe Public Utility District was authorized 21 and directed by said Local Agency Formation Commission by its said Resolution No. 34-69 without notice and hearing by the 22 Board of Directors and without an election therefore; and 23 WHEREAS, all published, posted and mailed notices of 24 all proceedings subject of this said resolution whether 25 proceedings by said Local Agency Formation Commission or this 26 Board of Directors of the South Tahoe Public Utility District 27 has been published, made and given as required by applicable 28 law; and 29 NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED 30 THAT: 31 1. The territory proposed to be annexed to the South 32 WE' AN & GILMOUR 2. IRNEYB AT LAW 5 MAIN STREET PLACERVILLE, CA 95667 TELEPHONE 19161 622 -5260 1 Tahoe Public Utility District is uninhabited, as such term is 2 defined in Government Code, Section 56045, and the description 3 of the exterior boundaries of the territory is set forth in 4 Exhibit "A" attached hereto (South Tahoe Public Utility District 5 Annexation No. 1969 -10) and made a part hereof, and that no 6 written or oral protests were filed. 7 2. The annexation to the South Tahoe Public Utility 8 District is approved subject to the terms and conditions as g contained in the aforementioned Resolution No. 1385 adopted 10 November 20, 1969, by the Board of Directors of the South Tahoe 11 Public Utility District insofar as applicable to South Tahoe 12 Public Utility District Annexation No. 1969-10, which said terms *lbw 13 and conditions are set forth in Exh " B'" attached hereto. 14 3. That said territory proposed to be annexed to 15 Improvement District No. U -1 of the South Tahoe Public Utility 16 District would be benefited by annexation to and included 17 within Improvement District No. U -1 of the South Tahoe Public 18 Utility District, which said Improvement District is in 19 existence at this time and provides for sewer service to the sai. 20 land herein proposed to be annexed to the South Tahoe Public 21 Utility District, and that said Improvement District No. U -1 will be benefited and will not be injured by annexation of said land 22 to said Improvement District. 23 24 4. The territory proposed to be annexed to Improvement District No. U -1 of the South Tahoe Public Utility District is 25 *mw described in Exhibit ''A" attached hereto (South Tahoe Public 26 Utility District Annexation No. 1969-11, and no written or oral 27 protests were filed. 28 5. The annexation of said territory to Improvement 29 District No. U -1 of the South Tahoe Public Utility District is 30 approved and there are no terms and conditions of said annexation; 31 provided, that those terms and conditions established in 32 WEIr`MAN & GILMOLIR 3 RNEYS AT LAW MAIN STREET PLACERVILLE, CA 95667 TELEPHONE 19161 622 -5260 %lor 1 connection with the annexation of said areas to the South Tahoe 2 Public Utility District, are in no way affected by this 3 annexation to said improvement district. Said annexation is 4 designated Annexation No. 1969 -3 -U-1 to Improvement District 5 No. U -1 of the South Tahoe Public Utility District. 6 7 8 9 PASSED AND ADOPTED at a duly held adjourned meeting 10 of the Board of Directors of South Tahoe Public Utility District 11 on December 18, 1969, by the following vote: 12 AYES: Directors Fesler, Kortes, Wakeman, Hegarty and Ream 13 NOES: None 14 ABSENT: None 15 16 Robert W. Fester, President of the _ Board of Directors of South Tahoe 17 Public Utility District. 18 19 ATTEST: 20 21 David W. Callahan, Clerk of the South Tahoe Public Utility District 22 and ex officio Secretary of the Board of Directors thereof. 23 24 (SEAL) ate, 25 26 27 28 29 30 31 32 WE AN & GILMOUR 4. .JRNEYB AT LAW 326 MAIN STREET PLACERVILLE, CA 95667 TELEPHONE (9161 622-5260 • Pa ye 1 of 2 Po!!es �• ;: ± • • , a • D :SCRIPTION OF PROPERTY OF TAHOE PARADISE;, INC. TO BY AN *;EXED TO SOUTH TAHOE PUBLIC UTILITY DISTRICT • All that portion of Section 30 and 31, T.12 I`:.. I;.18 E. M.D.B.£, M., and the Northeast quarter of Section 36, T.12 N., R.17 I:., M.}).B.£, M., more particularly described as follows: Beginning at the West quarter corner of Section 31, T.]2 N., R.13 E., M.D.B.& M., Thence from said point of beginning .77° 00'E., 220.00 feet; thence N.12 °411}; ., 335.00 feet; thence N.29° 16'E., 695.00 feet; thence N.20 ° 47'F:., 463.00 feet; thence N.51° 39'E., 792.00 feet; thence N, 74 ° 53' 20 "I'. , 491.51 feet; thence S.79 ° 31'I:., 270.00 feet; thence 5 .73 ° 26'35 "E., 540.41 feet; thence 5 . 7 1 ° 31'25 "F., 82.67 feet to the Northeast corner of Lot 1 as said lot is shown and designated on the official map of Tahoe Paradise Unit.No. 34, filed in the office of the Recorder of E1 Dorado County in Book "P" of Maps, Map No. 15; Thence N.0 ° 22'42 "r,, 768.01 feet to the most southerly corner of Lot 1394 as said lot is shown and designated on the official map of Tahoe Paradise Unit No. 33, filed in the office of the Recorder of El Dorado County in Boot: D of Maps, Map No. 29; thence N. 84 ° 37' 22''W. , 1391.00 feet; thence 1\ , 20 ° 00'1; . , 216.49 feet; thence N.70 ° 00'F:. , 140.00 feet; thence 'x'. 20 ° 00'W. , 139.27 feet; thence on a curvo to the left of radius 100,00 feet, the chord of which bears N,.41 ° 25'25 "W., 73.05 feet; thence S.00 ° 22'W., 250.0 feet more or less to the Southeast corner of the Southwest quarter of the Southwest quarter of Section 30, T.12 N., I Pas;c 2 of 2 Pages • Description of Property of Tahoe Paradise, Inc. to he Annexed to South Tahoe Public Utility Pi strict R.18 E. , M.I), B. F, M.', thence along the southerly boundary of the Southwest quarter of the Southwest quarter of said Section S0, 1320.0 feet more or less to the Northeast corner of Section 31, T.12 N., R.18 E., M.D.B. F M., thence N.. 85 ° 08'h'. , 2602.20 feet to the North quarter corner of said Section 36, thence S.4 ° 21'10''P;., 4 11, 2710.83 feet to the center of said Section; thence S.80 ° 54'F., 2811.10 feet to the Fast quarter corner of said Section 36, which was the point of beginning. • • L • b • • E.dlI DIT 6 1. In the event the District soa11 require pLymcnl of a fixed or determinable amount of mcncy, either as a lurup su or in installments, for the acquistion, transfer, u<_,c or right of use or any part of the existing prol.erty, real or personal, or the District, such payment will be made- as follows: (a) If payment in a lump sum is required, payment of such sum shall be made in cash to the District prior to the effective date of such annexation; or (b) if payment in installments is required, an agreement providing for such payment shell be duly executed with the District prior to the effective date of such annexation. (c) In lieu of any payment set forth in (a) or (b) above, payment may be made through 1/ The formation of a new improvement district or districts or the annexation or detachment of territory to or from any existing improvement district or districts; 2/ The incurring of new indebtedness or liability by or on behalf of all or any part of any district or of any existing or proposed new improvement district therein; 3/ The issuance and sale of any bonds, including authorized but unissued bonds. (d) Annexation fees in effect at the time of the filing of a written consent to annexation of territory to South Tahoe Public Utility District shall be paid to the District for those areas to be served by the District prior to the time that connection to the District's system is nude. (e) The land to be annexed shall be included in and form a part of Improvement District no.0 -1 of the South Tahoe Public 'ltility District formed pursuant to Section 16' +07 of the Public Utilities Code of the State of California, and Division 11, Part 7 and Part 8 of the ' "later Code of the State of California. The written consent to annexation of territory to South Tahoe Public Utility District e..ccuted by owners shall constitute a petition for annexation to improvement District Flo. U--1 of the South Tahoe Public Utility District without Notice and Hearing. 2.. Upon and after the effective date of said annexation, the territory, all inhabitants within said territory, 41100 . and all persons entitled to vote L;' rca,on of r :;itirg or c :rin; land within the territory shall be subicct to t :it' H risdiction of the District, shall have the same. rights and e'utics as if the territory had been a part of the District upon its original formation, shall be liable for the payment of principal, inter - est, and any other amounts which shall bcco.me de on account of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of the District and shall be subject to the levying or fixing and collection of any and all taxes, assessments, service charges, rentals or rates as may be necessary to provide for such pay,.cnt. Alime • 1 CERTIFICATE OF RESOLUTION 2 3 STATE OF CALIFORNIA) ss. 4 COUNTY OF EL DORADO) 5 I, DAVID W. CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC 6 UTILITY DISTRICT, County of El Dorado, State of California, do 7 hereby certify that the attached Resolution No. 1420 is a 8 true, full and correct copy thereof, and that said Resolution g was duly adopted by the Board of Directors of the SOUTH TAHOE 10 PUBLIC UTILITY DISTRICT. Said Resolution was passed and adopted 11 by the following vote of the members of the Board of Directors 12 thereof on December 1$, 1969. 13 AYES: Directors Fesler, Kortes, Wakeman, Hegarty and Ream 14 NOES: None 15 ABSENT: None 16 17 David W. Callahan, Clerk of the SOUTH 18 TAHOE PUBLIC UTILITY DISTRICT 19 20 (SEAL) 21 22 23 24 25 26 27 28 29 30 31 32 WEIDMAN & GILMOUR ATTORNEYS AT LAW MAIN STREET PL.VILLE, CA 95667 TELEPHONE M61622-5260