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Resolution No. 65 1 2 4 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 26 27 28 29 3O 31 32 HU(~HEI, MAU/ & FOG ERTY ATTORNIryS AT LAW PLACEEVILLE, CALIF. TELEPHONE 11 BiS RESOLUTION NO. 65 DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF AN EASEMENT AND DIRECTING THE AMENDMENT OF THE COMPLAINT ON FILE IN EMINENT DOMAIN PROCEEDINGS SEWER PROJECT RESOLVED, by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, that WHEREAS, pursuant to Resolution No. 37 of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT heretofore and on or about the 10th day of A~ril, 1953, duly and regularly adopted, an action in eminent domain was commenced in the Superior Court of the State of California, in and for the County of E1 Dorado, which said action is now pending in said Court; and WHE~, since the filing of said action in eminent domain it has become necessary that a certain easement or right of way in and upon land be acquired in connection with the construction of the utility works mentioned in said Resolution No. 32, and that the complaint on file in said action in eminent domain be amended to include the said easement and right of way hereinbefore referred to NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows: 1. That the public interest and necessity require the acquisition of a certain easement and right of. way over and upon Certain-lands situate ia the County of E1 Dorado, State of California, for the construction of a sanitary sewage force main, ~.. access road, electric power lines and poles, telephone lines and poles, and appurtenances. 2. That the easement described in "EXHIBIT A" hereto attached and by this reference thereto incorporated herein, is necessary for such improvements; 3. That said easement and said proposed improvements are planned and located in the manner which will be most compatible 1 § 6 ? 8 9 11 14 15 16 17 19 20 22 23 24 2~ 26 27 28 29 HUGHEg, MAUL & FOGERTY ATTORNEY~ AT LAW TIrLEIIIHONE 1185 with the greatest public good and the least private injury; 4. That a right of way and easement only is necessary " t A" for said parcel described in said Exhibi , that counsel of record for the plaintiff District in said pending action in eminen domain be, and they are hereby directed, to amend the complaint on file herein so as to include the easement described as Parcel 2 iu said "Exhibit A" at~ached hereto; 5 That an order of immediate possession of said Parcel 2 " t A" described in said Exhibi be obtained in said pending action and that a warrant be issued to the County Clerk of E1 Dorado County in the amount determined by the Court to be deposited as a condition to the right of immediate possession, as follows: That the amount required to be deposited for the possession of said Parcel 2 be drawn from the general fund of said District. ATTEST: /s Norman L. Goeringer tem -, ~res$cen't,'~o~tn 'tahoe ._Prg_ ~UDIIC Utility District /S~ William A/Young Clerk and Ex-Officio Secretary South Tahoe Public Utility District I hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Board of Directors of the South Tahoe Public Utility DiStrict, E1 Dorado County, California, at a special meeting thereof held on the 27th day of May, 1956, by the following vote of the members thereo~. AYES, and in favor thereof: Directors: Goeringer, Young NOES, Directors: None ABSENT, Directors: Bernhardt William A. Youn$ 'Clerk and Ex-Officio Secrebary o~' South Tahoe Public Utility Dlstric 2 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 HUGHI~$, MAUL 8~ FOG£RTY EXHIBIT A All that certain real property situate, lying and being in the County of E1 Dorado, State of California, parti- cularly described as follows: PARCEL 2: An easement 10 feet in width for the construc- tion and maintenance of a sewage force main, electric power poles and lines, telephone poles and lines, and access roadway, and similar public utility purposes, the centerline of which easement is described as follows: Beginning at a point on the southerly property line of California State Highway, Route 11, Section K, E1 Dorado County, California, distant North 89e 05' West 30 feet from a 3/4 inch iron pipe marked COR 3, which is also the Southwest corner of the property deeded from Charles R. Young and Wilton R. Young to Charles G. Johnston and Walter N. Olson and recorded April 2, 1951, in Book 29B, page 341, County Recorder's Office, E1 Dorado County, California; thence South 8° 41' West 1,901 f~e~, ~hence South 21° 48' West 2,223 feet~ thence So~th.~9 18' West 293 feet; thence Sout~ 0° 37' West ~,0~1 feet; thence North 90e 00' East ~99 feet to the Westerly property line of the disposal site. 3