Resolution 2631
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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
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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.
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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.
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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:
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Christopher H. Strohm, President
South Tahoe Public Utility District
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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
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Exhibit A
J OHNSON- P=-~~!<IN~ & ASSOCIATES, INC.
REAL ESTATE APPRAISERS & CONSULTANTS
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Exhibit B
~fAR9 StiN~K~NB~J
(916l54Z-Z001
...0.0. Box 18971
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South Lake Tahoe. California 95706
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CALIFORNIA &. NEVADA L1CE.'6ED
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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.
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Exhibit C
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