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Resolution No. 1415 r t • 1 RESOLUTION NO. 1415 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH 3 TAHOE PUBLIC UTILITY DISTRICT MAKING DETERMINATIONS AND APPROVING THE PROPOSED ANNEXATION OF TERRITORY, 4 DESIGNATED AS "SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEXATION NO. 1969 -5 TO THE SOUTH TAHOE PUBLIC 5 UTILITY DISTRICT 6 7 RESOLVED, by the Board of Directors of the South Tahoe 8 Public Utility District, El Dorado County, California, as 9 follows: 10 WHEREAS, on July 17, 1969, this Board adopted its 11 Resolution No. 1300, A Resolution of Application By South Tahoe 12 Public Utility District Requesting That Local Agency Formation rlr 13 Commission Proceedings For Annexation of Territory to the 14 District, which resolution, together with a form of Written 15 Consent of all of the owners of land of all the territory 16 proposed to be annexed was filed with the Executive Officer of 17 the Local Agency Formation Commission of the County of El Dorado; 18 and 19 WHEREAS, on December 17, 1969, the Local Agency 20 Formation Commission of El Dorado County adopted its Resolution 21 No. 34 -69, A Resolution of the Local Agency Formation Commission 22 of the County of El Dorado Making Determinations and Approving 23 the Proposed Annexations of Territories, Designated as South 24 Tahoe Annexations No. 1969 -5, 1969 -6, 1969 -7, 1969 -8, 1969 -9, 25 and 1969 -10, to the South Tahoe Public Utility District; and 26 WHEREAS because of the geographical location of the 27 territory to be annexed, the District can adequately and 28 economically furnish services, specifically sewer services, 29 which are urgently needed within said territory, and no other 30 governmental agency is now able to so furnish such services, 31 and there is presently no prospect that any other such agency 32 will be able to so furnish such services within the reasonably W AN & GILMOUR ATTORNEYS AT LAW 335 MAIN STREET PLACERVILLE, CA 95667 TELEPHONE I916I 622 -5260 1 forseeable future; and 2 WHEREAS, all published, posted and mailed notices of 3 all proceedings subject of this said resolution whether 4 proceedings by said Local Agency Formation Commission or this 5 Board of Directors of the South Tahoe Public Utility District 6 have been published, made and given as required by applicable 7 law; and 8 NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED 9 THAT: 10 1. The territory proposed to be annexed to the South 11 Tahoe Public Utility District is uninhabited, as such term is 12 defined in Government Code, Section 560!5, and the description `kw 13 of the exterior boundaries of the territory is set forth in 14 Exhibit "A" attached hereto (South Tahoe Public Utility District 15 Annexation No. 1969 -5) and made a part hereof, and that no 16 written or oral protests were filed. 17 2. The annexation to the South Tahoe Public Utility 18 District is approved subject to the terms and conditions as 1 contained in the aforementioned Resolution No. 1300 adopted 20 July 17, 1969, by the Board of Directors of the South Tahoe 21 Public Utility District insofar as applicable to South Tahoe 22 Public Utility District Annexation No. 1969 -5, which said terms 23 and conditions are set forth in Exhibit "B" attached hereto. 24 25 PASSED AND ADOPTED at a duly held regular meeting of 26 the Board of Directors of South Tahoe Public Utility District 27 on December 1$, 1969, by the following vote: AYES: Directors Fesler, Kortes, Wakeman, Hegarty 28 and Ream 29 NOES: None 30 ABSENT: None 31 32 * 2. W AN & t ILMOUR ATTORNEYS AT LAW 725 MAIN STREET PLACERVILLE. CA 95667 TELEPHONE 19161 622 -5260 1 Robert W. Fesler, President of the Board of Directors of South Tahoe 2 Public Utility District. 3 4 ATTEST: 5 David W. Callahan, Clerk of the 7 South Tahoe Public Utility District and ex officio Secretary of the 8 Board of Directors thereof. 9 10 (SEAL) 11 12 for' 13 14 15 16 17 18 19 20 21 22 23 24 25 r 26 27 28 29 30 31 32 3 . WIASKIIAN & GILMOUR ATTORNEYS AT LAW 325 MAIN STREET PLACERVILLE, CA 95667 TELEPHONE 19161 622 -5260 • • • k 1 C . I. FT LL & s sb I AT ES CONSULTING ENGIN;EItS 113 2 5 COURT STREET • P.0 BOX 2088 REDDING, CALIFORNIA -08001 9 1 0 - 243 - 5 8 3 1 EXHIBIT A Revised October 9, 1969 DESCRIPTION FOR _ • September. 30, 1969 MARTIN BROTHERS • S- 2476.01 PROPOSED ANNEXATION 1969 -5 X -ref. L-45.55 84.75 acre parcel A portion of the Southwest quarter of Section 4, and a portion of the Northwest quarter of Section 9, T. 12 N., R. 18 E., M.D.M., El Dorado County, California. Beginning at the Southwest corner of Tamarack Subdivision Addition No. 1, as shown on that map recorded in Book "A" of Maps, Page 57, El Dorado County Records, said point being on the North line of the South half_ of the Southwest quarter of Section 4, T. 12 N., R. 18 E., M.D.M.; thence, along said North line, N. 89 ° 59' E., 740.03 feet; thence, leaving said North line, along a 20 -foot radius curve to the right, through an angle of 90 ° 01', a distance of 31.42 feet, to a point on the Westerly right - of -way line of the Southerly Extension of Fourth Street; thence, along said Westerly right -of -way line, South 460.00 feet; thence, along a 20 -foot radius curve to the right, through an angle of 55 °09', a distance of 19.25 feet; thence, from a tangent that bears, S. 0 09 1 W., along a 50 -foot radius curve to the left, through an angle of 290 ° 18', a distance of 253.33 feet; thence, from a tangent that bears N. 55 0 09' W., along a 20 -foot radius curve to the right, through an angle of 55 ° 09', a distance of 19.25 feet to a point on the Easterly right -of -way line of the Southerly Extension of said Fourth Street; thence, leaving said Easterly right -of- way line, N. 89 °59' E., 533.74 feet; thence, North 480.00 feet to a point on the North line of the South half of the Southwest quarter of said Section 4; thence, along said North line, N. 89 °59' E., 613.74 feet to the • Southeast corner of said Tamarack Subdivision Addition No. 1, said point being on the North -South mid - section line of Section 4; thence, along said mid - section line, S. 0 °12'30" E., 1331.36 feet to the South quarter Ch _ . By Date_ • Typing s am '4:" 7' ; /2-7-!,? s9csled thhis len Traverse_ __ _- r • Ile company at bef ore descrtpt lncorporeling be It ref In a erred y, n - i/ • ent. - Map— - - -_ i% -- ---- • • • 46, T . Revised October 9, 1969 DESCRIPTION FOR September 30, 1969 MARTIN BROTIIERS S- 2476.01 PROPOSED ANNEXATION 1969 -5 X -ref. L -45.55 84.75 acre parcel Page 2 corner of said Section 4; thence, along the North -South mid-section line of Section 9, T. 12 N., R. 18 E., M.D.M., South 888 feet more or k b, less to a point on the Westerly line of that certain Parcel "B" referred to in that Deed recorded in Book 603, Official Records, Page 675, El Dorado County Records; thence, along the Westerly line of said Parcel "B" S. 12 ° 55'45" W., 786 feet more or less to a point on the Northerly Boundary of W. D. Barton Tract as shown on that map recorded in Book "A" of naps, Page 48, El Dorado County Records, from whence the most North- easterly corner of said W. D. Barton Tract bears S. 66 °30'30" E. 179.39 feet; thence, along the Northerly Boundary of said W. D. Barton Tract the following courses: N. 66 ° 30'30" W., 298.08 feet; thence, N. 41 ° 20'00" W., 294.94 feet; thence, N. 44 °29'00" W., 564.92 feet; thence, N. 26 ° 20'00" W., 2115.46 feet to the most Northerly corner of said W. D. Barton Tract; thence, N. 25 °06'00" W., 80.00 feet; thence, _N. 12 ° 20'36" E., 280 feet more or less, to the Southwest corner of ,Tamarack Subdivision Addition No. 1, the point of beginning of this description. i he Containing 84.75 acres more or less. • • Checked: 13 _ Date Trpinv — jf }J _.- � % • ,ggested that this description be referred Traverse_ —_ __ /'•` I tle company before Incorporating It In any - -- _- -- - — ^— 1/ Mart_ / document. • EXHIBIT B 1. In the event the District shall require any payment of a fixed or determinable amount of money, either as a lump sum or in installments, for the acquisition, transfer, use or right of use or any part of the existing property, real or personal, of the District, such payment will be made as follows: Lump sum prior to effective date of annexation, provided if the territory annexed is zoned agricultural or recreational and is put to some interim use, not requiring residential, commercial, or industrial zoning, and in connection with said interim use requires sewer service to any portion of the territory only ten percent (10 %) of the annexation fee shall be payable prior to the time of connection to the District's system for such interim use; upon a change of use of said territory from such interim use, to a use requiring residential, commercial or industrial zoning, the remaining ninety percent (90 %) of the annexation fee shall be payable prior to any change or extension or connection to the use requiring residential, commercial, or industrial zoning. 2. Upon and after the effective date of said annexation, the territory, all inhabitants within said territory, and all persons entitled to vote by reason of residing or owning the land within the territory shall be subject to the juris- diction of the District, shall have the same rights and duties as if the territory had been a part of the District upon its original formation, shall be liable for the payment of principal, interest, and any other amounts which shall become due 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 payment. • 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. 1415 is a true, 8 full and correct copy thereof, and that said Resolution was 9 duly adopted by the Board of Directors of the SOUTH TAHOE PUBLIC 10 UTILITY DISTRICT. Said Resolution was passed and adopted by the 11 following vote of the members of the Board of Directors thereof 12 on December 1$, 1969. fir. 13 AYES: Directors Fesler, Kortes, Wakeman, Hegarty and Ream 14 NOES: None 15 ABSENT: None 16 18 'avid allahan, ler of the 01 H TAHOE PUBLIC UTILITY DISTRICT 19 20 (SEAL) 21 22 23 24 25 26 27 28 29 30 31 32 WEIDMAN & GILMOUR •TORNEVS AT LAW 5 MAIN STREET p VILLE, C A 95667 TELEPHONE 19161 622 -5260