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Resolution No. 338 1 2 5 5 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 24 ~5 ~6 27 9.8 ~9 50 $1 52 BEVERLY, WEIDMAN & RILEY RESOLUTION NO. 338 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT, COUNTY OF EL DORADO, STATE OF CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF EASE- MENT AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS, 1960-4 SPECIAL ASSESS- MENT DISTRICT (SANITARY SEWERAGE PROJECT 1960-4) (MARJORIE A. JOHNSON SPRINGMEYER, FOR HER LIFE, REMAINDER TO HER ISSUE) RESOLVED, by the Board of Directors of the Sou~hiTahoe Public Utiltiy District, E1 Dorado County, California, that WHEREAS~ this Board did on March 25, 1961 adopt its Resolution No. 291, entitled "A Resolution andOrder Adopting Engineer's Report Confirming the Assessment and Ordering the Work and Acquisitions for Sanitary Sewerage Project 1960-49 Thereby Approving Plans and Specifications for 1960-4 Special Assessment District"; and WHEREAS, said Resolution and said proceedings were had and taken pursuant to Chapter 4, Division 7 or the Public Utili- ties Code of the State of California and Chapter 2, Division 12 of the Streets and Highways Code of the State of California; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED~ as follows: 1. That the public in, rest and necessity require the acquisition~ construction and completion, by said District, of the proposed public improvements, all as more particularly des- cribed in said plans and specifications. 2. That the easement described in said proceedings and herein described, is. mcessary for said improvements. 3. That said proposed improvements are planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. That the law firms of Beverly, Weidman & Riley, Placerville, California and Kirkbride, Wilson, Harzfeld & Wallace, -£- 2 $ 5 '6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 30 ~I£VI=I~LY, WEll)MAN & I~ILE~/ San Mateo, California, employed for that purpose, be and they are hereby, directed to negotiate for the acquisition of the easement therefor herein described, and to institute and conduct to conclusion an action in eminent domain for the acquisition of such easement, if not acquired by negotiation, and to take such action as necessary th erein, and that their compensation be fixed at the reasonable value thereof. 5. That an order, or orders, of immediate possession be obtained in said action, or actions, and that a warrant~ or warrants, be issued to the County Clerk of the County of E1 Dorado in the amount, or amounts, determined by the Court to be deposited as a condition to the right of immeidate possession~ as follows: That the amount required to be deposited for the possession of the parcels be drawn from the appropriate construction funds of said District and if there are not sufficient moneys therein~ that the amount necessary therefore be transferred thereto ~ a loan from the general operation fund of the District. 6. That said easement so sought to be taken is all more particularly described in said plans and specifications on file in the Office of the Clerk of said District~ to which reference is hereby made for a particular description thereof. Said parcel subject of this resolution is more particularly described in "Exhibit A" attached hereto, made a part hereof: and incorporated herein by reference. 7. John C. Weidman~ one of the attorneys herein mentioned is hereby authorized to verify the Complaint in Eminent Domain for acquisition of the aforementioned easement. PASSED and ADOPTED at an~adj0urned regular meeting duly and regularly held on September 12, 1961 of the Board of Directors thereof, by the following vote: -2- 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 5O $1 ~£VI/~LY~ W~IDMAN & I~IL~Y AYES: Directors ~akeman, Burlingham, Souza. NOES: N one Absent: None ATTEST: South Tahoe Pubt~c Utilit~ i~istrict an~ Ex-Officio Secretary of the Board Directors. -3- Clarke, Imbach and Frank C. So.u~, Pre~fdent, South Tahoe Public Utility District, Board of Directors 1 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 25 24 25 26 27 28 $0 51 BEVERLY, WEIDMAN & RILEY CERTIFICATE OF RESO!,UTION STATE OF CALIFORNIA) ( SSo County of E1 Dorado) I, N. R. MALI~ERY, Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, State of California, and ex-officio Secretary of the Board of Directors thereof, do hereby certify that the attached Resolution No. 338 is a true, fw'~ and correct copy thereof, and that said Reso]ution was du'y adorted by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT at a duly held adjourned regular meeting on Sentember 12, 1961, and that the original of said Resolution is on fi~e in the office of said SOUTH TAHOE PUBLIC UTILITY DISTRICT. Said Resolution was passed by the following vote of the members of the Board of Directors thereof: AYES: Directors Wakeman, Clarke, Imbach and Burlingham, Souza NOES: N one Absent: None ( SEAL ) Secretary of the Board Directors thereof. 1 4 5 ? 8 9 10 !1 13 14 15 16 17 18 19 20 21 24 25 26 2? 28 29 $0 31 BEVERLY AND WEIDI~AN DFSCR I PTION That certain real property situate in the County of F1 Dorado, .State of California, described as follows: For sanitary se~er .col!fetich lines and appurtenances thereto, together with the right for the construction, use, maintenance, repair and recon~tructlon thereon of sanitary sewer collection lines and appurtenances tner.to: A portion of Lots 11 and 12, ~ction 4, To~nship 12 North, Range 18 East, M. D. B. & M., being a ~en (10) foot wide strip of lana, lying five (5) feet on each side of the following centerltne boundary~ BFGINNING at a point on'~the Southwesterly llne of that certain 3.09 ~cre parcel as more parttcularl~ described In that certain instrument recorded July 19~, tn the office of the County ~qecorder, County of F1 Dorado, .~tate of California, In Vol. Official Records, at page ~41~ (description contained on page 417), from whence the most ~;esterly corner of said 3.~9 acre parcel bears North ~%8o 12' 3~" 18.8 feet; thence from said point of beginning, parallel with the Northwesterly line of said 3.99 acre parcel of land, North ~.9O 3~' 00" Fast, ~6.~ feet; to a point de, afeared as "A"; thence continuing from said point dest~ted as "A", North h9o 38' 00" Feat, 15.6 feet to the point of termination on the ]outhweste~l~ end of Ponderosa .Street nf Country Crossroads Village [~ubdlvision, as said Ponderosa ~treet of Country Crossroads Village Subdivision Is shown on that certain map entitled "Country Crossro~ds Village Subdivision", recorded July 2, 1956 In the office of the County Recorder, County of F1 Dorado, 3tare of California, in Map Joo~ "~" at page 6~. TOGFTHFR with a t~elve (12) foot wide strip of land lying on each side of and contigutous to the said strip of land ten (10) foot wide, said twelve (12) foot stripSof land to be used for the purpose of constructing, on said ten (10) foot wide strip of land sanitary sewer collection lines ~nd appurte- nances thereto, the duration of use of said twelve (12) foot stri~ of land not to exceed Ninety (90) days after date of filing the Complaint in Fminent Domain, subject of said ten (1©) foot wide right of way, For sanitary sewer collection lines and appurtenances thereto, and for the construction, use, maintenance, repair and reconstruction of sanft~ry s~w~'.r collection lines and appurtenances thereto: "Wxhibit ~." 4 5 6 7 8 9 10 12 15 16 18 19 20 21 25 24 25 26 27 28 29 50 BEVERLY AND WEIOMAN A portion of Lots 11 and 12, Section 4, Township 12 North, Range 18 F~,st, M. D. B. & M., being a strip of land twenty (20) feet wide, lying ten (10) foot on each side of the following described centerl, ine boundary: BFGI~TNI~G AT the aforedescribed point designated as "A" ~ Thence South 400 12' 00" Fast, 238.88 feet; thence ,South 53° 23' 00" Fast, 205.~*]. feet to the point of termination of the Northwesterly right of way line of California State Highway U. S. No. 50, said point of termination directly opposite Fngineer's Station 51 ~ 44.$4 on ss~ic California State High- way U. S. N~. 50. TOGFTHFR with a strip of land twelve (12) foot wide lying on each side of and contigulous to the said strip of land twenty (20) foot wide, said twelve (12) foot strips of land to be used for the purpose of constructing, on said twenty (20) foot wide strip of land sanitary sewer collection lines and appurte- nances thereto, the duration of use of sald;~twelve (12) foot stripsof land not to exceed ~'~tnetym. (90) days after date of filing the Co~plaint in _Wmtnent Domain, subject of said twenty (20) foot wide*i*~r~ight of way. The sides of said easements to be lengthened on s~$~,tened to meet ~dJoining property lines!. "F:~ibit A"