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Resolution 2631 \.., '- '- Project: Force Main Sewer Pipeline APN: 33-110-05 RESOLUTION OF NECESSITY OF BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO CONDEMN PROPERTY WITH REGARD TO THE CONSTRUCTION OF A FORCE MAIN SEWER PIPELINE ON THE MATTER OF INSTITUTING PROCEEDINGS AND MAKING A FINDING OF PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY IN EL DORADO COUNTY RESOLUTION NO. 2631 OWNER: Tahoe Trust of 8/09/92 WHEREAS, a certain parcel of property located in EI Dorado County and designated as Assessor's Parcel Number 33-110-05, more particularly located and described on the attached Exhibits "A" and "B," which are incorporated by this reference ("Property"), is necessary for the construction of the South Tahoe Public Utility District's ("District") A-Line Relocation Project ("Project"); and WHEREAS, the District has complied with the requirements under the California Environmental Quality Act ("CEQA") and certified a negative declaration for the Project; and WHEREAS, the District has been unable to negotiate the acquisition of the Property; and WHEREAS, the District has given reasonable written personal notice and a reasonable opportunity to appear and be heard this date on the matters referred to in Section 1240.030 of the California Code of Civil Procedure, in accordance with Code of Civil Procedure section 1245.035; and WHEREAS, on June 6, 1996, the Board of Directors of the District ("Board of Directors") conducted a hearing on whether to adopt a Resolution of Necessity to condemn property pursuant to Code ofCivil Procedure section 1245.220 ~~. with regard to the Property; and 43017.1 :7627.1 " " \., WHEREAS, the Property is to be acquired by eminent domain pursuant to Public Utilities Code section 15501 ~~. and Code of Civil Procedure section 1230.010 ~ ~.; NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED AS FOLLOWS: RESOLUTION A. Proper and timely notice by first class mail was sent to the record owner of the Property, Tahoe Trust of 8/9/92 ("Owner"), prior to the date of this hearing in accordance and compliance with Code of Civil Procedure section 1245.235. B. The Owner did not file a timely written request to appear and be heard by the Board of Directors. C. The Board of Directors heard, weighed and considered all oral statements, writings (Evid. Code, ~ 250) and other information submitted by those having a right to appear and be heard and from the District staff and counsel. D. The District seeks to acquire real property interests in the nature of surface and subsurface temporary and permanent easements over portions of the Property for the uses and purposes of survey, installation, construction, reconstruction, enlargement, laying, relaying, altering, operating, patrolling, removing, replacing, maintenance, inspection and repair of sewer pipelines as part of the A-Line Relocation Project. The real property interests are being taken for public purposes under the authority of: 1. Article I, Section XIX of the California Constitution; 2. California Code of Civil Procedure section 1240.010, 1240.110, 1240.120, 1240.510, 1240.610; and 3. California Government Code section 25350.5. E. The Property is within the County ofEI Dorado and within the District's jurisdic- tionallimits. F. The Property is located and described in the attached Exhibits" A" and "B," which are incorporated by this reference. A plat map of the easements to be acquired is attached as Exhibit "C," which is incorporated by this reference. G. The County ofEI Dorado, upon application of the District, has determined that the construction of the sewer pipeline to be installed on the Property is consistent with the County's General Plan, pursuant to Government Code section 65402. 2 43017.1 :7627.1 \.. '- \.., H. The proposed acquisition of the Property as part of the Project is exempt from County building and zoning ordinances pursuant to California Government Code section 53091. I. Acquisition of the Property is exempt and the Board of Directors finds it to be exempt from the provisions of Government Code sections 7267 m GQ. on the grounds that the Property to be acquired will be used for the construction of sewer pipelines. Even though the Project is exempt from the provisions of Government Code sections 7267 m GQ., the Board of Directors further finds that a good faith offer in the amount established as just compensation by the District's appraiser was timely made to the Owner of the property and that the District has engaged in good faith negotiations with the Owner, all in full compliance with the letter and spirit of California Government Code sections 7267 ~ ~. 1. Pursuant to the requirements under CEQA, the negative declaration for the Project has been certified by the District. IT IS FURTHER FOUND, DETERMINED AND RESOLVED THAT: A. The public interest and necessity require the proposed Project. B. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. C. The real property interests sought to be acquired are necessary for the proposed Project. IT IS FURTHER FOUND, DETERMINED AND RESOLVED THAT: the permanent and temporary easements as shown or described on Exhibits "A," "B" and "C" be con- demned in the name of the South Tahoe Public Utility District for said public purposes, as specified above and the law firm of HATCH and PARENT, Counsel for the District, together with Robert G. Baer, General Manager, is hereby authorized, empowered, and directed to prepare and prosecute in the name of the South Tahoe Public Utility District such proceeding or proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition, and to make application to said court for an order or orders fixing the amount of such security in the way of money deposits as said court may direct, and for an order or orders permitting the District to take immediate possession and use of the Property for the said public purposes. IT IS FURTHER FOUND, DETERMINED AND RESOLVED: that Robert G. Baer, General Manager of the South Tahoe Public Utility District, is hereby authorized and directed to draw checks payable to the Superior Court Trust Fund from the South Tahoe Public Utility District Project Construction Fund in the amount or amounts so fixed and determined by said court in its order or orders. 3 43017.1 :7627.1 \., WE, the undersigned, being the duly qualified and acting President of the Board and Secretary, respectively, of the Board of Directors of the South Tahoe Public Utility District, do hereby certifY that the above and foregoing Resolution was duly and regularly adopted and passed with a vote exceeding two thirds (2/3) of the Voting Percentages of the members of the Board of Directors of the South Tahoe Public Utility District, at a regular meeting held on the 6th day of June, 1996, by the following roll vote of the Board of Directors: AYES: Wallace, Jones, Stronm, Mason Mosbacher NOES: None ABSENT: None ATTEST: ~ )vl.~ Christopher H. Strohm, President South Tahoe Public Utility District ~~l~ c::J.,n, ~ Kathy Sharp,@rk of the Boar Executive Secretary \., South Tahoe Public Utility District APPROVED AS TO FORM: HATCH and PARENT By ~. r /~~ J. NEE~ General Counsel Attachments Exhibit itA" Parcel Map Exhibit ItB" Legal Description of Easements to be Acquired Exhibit "C" Plat Map of Easements to be Acquired \., 4 43017.1 :7627.1 I I - ~ I I I I I I ,,". . .~..i!.~ I I " '.', ,~~A~ ~',~'{:~' .:1f-"~'., ""~;' I I I I I I I I"" Exhibit A J OHNSON- P=-~~!<IN~ & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS -- --;oza .... iO ~ ro .00.; '.1 N , = Q .- - (U CJ j .11. l(') <= " ;,;' ':;l ~ . ;,,;.5 ""~ ~"""'7''';':~ :~i~ ~~"' "."...~< ", < Q~I . ~:! .~ ;; , , ",S 81 ' .,~ . . .~, .. ~ 8: - ... Q. :~/ - / oct:~ 90d . Cl ... , > I j~ 1- -::r--- I ~: >w ,.,0 z; ;:).. 0- u 90d )1 ,'. ,-1 \} :.1 ~, . =/ ., Reno. Lake Tahoe ". " .~ 0'/ ~ ." . i/ ~ ~ ~/ . '::1 =r / ~, / ! i I / ~ , ; / LU ~" I .., ~ p I / Exhibit B ~fAR9 StiN~K~NB~J (916l54Z-Z001 ...0.0. Box 18971 \., South Lake Tahoe. California 95706 S LS CALIFORNIA &. NEVADA L1CE.'6ED '- \., Boundary &. Topographic Surveys Agency Coordination Residential Design Construction Management EXHIBIT A All that real Property situate in the County of EI Dorado, State of California, described as follows: All that portion of Section 21, Township 12 North, Range 18 East, MOM as follows: Beginning at a point which bears South 890 58' 40" West 226.90 feet from the Northeast Corner of the Southeast 1/4 of the Northwest 1/4 of said Section 21, said point being the beginning of the centerline of a 15 foot wide permanent sanitary sewer easement and a 50 foot wide temporary construction easement, said point being on the Northerly boundary of Tahoe Paradise Unit No. 48; Thence leaving said Northerly boundary along the centerline North 330 30' 53" West 104.85 feet; Thence North 290 53' 26" East 120.90 feet; Thence North 400 17' 29" East 146.20 feet; Thence North 850 26' 04" East 130.78 feet to a point on the South boundary of Rolling Wood Heights Subdivision, said point being the terminus of the herein described easement. c.\_,~\_ \., Exhibit C / w z :J w CL a: ~ o a.. x....... 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