Resolution No. 4811
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,.ImHN O. WEIDMAN
ATT~RNKY AT LAW
RESOLUTION NO. 481
A RESOLUTION OF THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT DETER-
MINING THAT THE PUBLIC INTEREST AND NECES-
SITY REQUIRE THE ACQUISITION OF EASEMENTS
AND DIRECTING THE FILING~OF EMINENT DOMAIN
PROCEEDINGS (PIONEER TRAIL FORCE MAIN)
WHEREAS, on October 17, 1963, the Board of Directors of
SOUTH TAHOE PUBLIC UTILITY DISTRICT of the County of E1 Dorado,
State of California, did adopt Resolution No. 469a entitled "A
Resolution of the Board of Directors of South Tahoe Public Utility
District Determining that the Public Interest and Necessity of the
/)istrict Demands the Acquisition of a Public Utility Works -
Materials for Pioneer Trail Farce Main, Construction of Pioneer
Trail Force Main, Materials for Effluent Spray System, Clearing,
Earthwork and Installation of Spray System Effluent Disposal Site,
and Pumping Unit at Effluent Pumping Station"; and
WHEREAS, on October 17, 1963, the Board of Directors of
said District did adopt Resolution No. ~69b entitled "A Resolution
of the Board of Directors of South Tahoe Public Utility District
Approving Plans and Specifications for a Public Utility Works -
Materials for Pioneer Trail Force Main, Construction of Pioneer
Trail Force Main, Materials for Effluent Spray System, Clearing,
Earthwork and Installation of Spray System Effluent Disposal Site,
and Pumping Unit at Effluent Pumping Station"; and
WHEREAS, on October 17, 1963, the Board of Directors of
said District did adopt Resolution No. 471 entitled "A Resolution
of the Board of Directors of South Tahoe Public Utility District
Ascertaining the General Applicable Prevailing Wage Rate for
Construction of a Public Utility Works - Materials for Pioneer
'Force Main, Construction of Pioneer Trail Force Main, Material~
for Effluent Spray System, Clearing, Earthwork and Installation of
Spray System Effluent Disposal Site, and Pumping Unit at Effluent
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· IDHN D. WEIDMAN
ATTBI~NEY AT LAW
Pumping Station"; and
WHEREAS, on October 17, 1963, the Board of Directors of
said District did adopt Resolution No. ~72 entitled "A Resolution
of the Board of Directors of South Tahoe Public Utility District
Calling for Notice to Contractors for Sealed Proposals for Con-
struction of a Public Utility Works - Materials for Pioneer Trail
Force Main, Construction of Pioneer Trail Force Main, Materials
for Effluent Spray System, Clearing, Earthwork and Installation of
Spray System Effluent Disposal Site, and Pumping Unit at Effluent
Pumping Station"; and
WHEREAS, on October 17, 1963, the Board of Directors of
said District did adopt Ordinance No. 102 entitled "An Ordinance
of the South Tahoe Public Utility District Determining that Public
Utility Works Shall be Acquired - Materials for Pioneer Trail
Force Main, Construction of Pioneer Trail Force Main, Materials
for Effluent Spray System, Clearing, Earthwork and Installation of
Spray System Effluent Disposal Site, and Pumping Unit at Effluent
Pumping Station"; and
WHEREAS, on November 7, 1963, the Board of Directors of
said District did adopt Resolution No. 475 entitled 'A Resolution
of the South Tahoe Public Utility District Awarding Contract -
Construction of Pioneer Trail Force Main"; and
WHEREAS, on November 7, 1963, the Board of Directors of
said District did adopt Resolution No. 475, entitled 'A Resolution
of the South Tahoe Public Utility District Awarding Contract -
Materials for Pioneer Trail Force Main"; and
WHEREAS, said ordinance and resolutions and said procedurt
were had and taken pursuant to Division 7, Chapter 5, Article 2
of the Public Utilities Code of the State of California;
NOW, THEREFORE, IT IS FOUND DETERMINED AND ORDERED as
follows:
1. That the public interest and necessity require the
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~IIr'IHN 13, WEID~AN
acquisition, construction and completion, by said District, of
the proposed public improvements, all as more particularly
described in said plans and specifications.
2. That the easements described in said proceedings and
herein described, are necessary 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.
~. Tihat JOHN C. WEIDMAN, attorney at law, be, and he is
hereby directed, to negotiate for the acquisition of the easements
therefor herein described, and to institute and conduct to conclu-
sion an action in eminent domain for the acquisition of such
easements as are not acquired by negotiation, and to take such
action as necessary therein, 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 immediate 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 monies therein,
that the amount necessary therefor be transferred thereto as a
loan from the general operation fund of the District.
6. That said easements so sought to be taken are all
more particularly described in said plans and specifications on
file in the office of the Clerk of said District~ to which refer-
ence is hereby made for a particular description thereof. Said
parcels subject of this resolution are more particularly described
in "Exhibit A attached hereto~ made a part hereof, and incorporated
herein by reference.
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~.IDHN 17. WEIDIvlAN
A?TE31~NEy AT LAW
7. John C. Weidman, attorney at law, is hereby
authorized to verify the Complaint in Eminent Domain for acquisitio:
of the aforementioned easements.
PASSED AND ADOPTED at a regular meeting of the Board
of Directors of South Tahoe Public Utility District, County of
E1 Dorado~ State of California, on the 21st day of November, 1963,
by the following vote:
AYES:
Donald L. Clarke, Robert Wakeman, Thomas L.
Stewart, Robert Fesler and Donald H. Kortes
NOES: None
ABSENT: None
ATTEST:
Clerk of the Sou~ Tahoe ~blic
Utility District/and ex-ogficio
Secretary of the Board of
Directors thereof
' ~onaId 'L. ClarKe,
President of the Board of Directors
of the South Tahoe Public Utility
District
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· JE3HN [:. WEIDMAN
ATTt3RNEY AT LAW
1,4 Al N 5TREET
iVI LLE, CALl Fo
CERTIFICATE OF RESOLUTION
STATE OF CALIFORNIA )
) SS.
County of E1 Dorado )
I. N. R. MALLER~ 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. 451 is a true, full and
correct copy thereof, and that said Resolution was duly adopted
by the Board of Directors of South Tahoe Public Utility District
at a regular meeting on November 21, 1963, and that the original
of said Resolution is on file in the office of said SOUTH TAHOE
PUBLIC TUILITY DISTRICT. Said Resolution was passed by the
following vote of the members of the Board of Directors thereof:
AYES: Directors Clarke, Wakeman, F~sler, Stewart and
Kortes
NOES: None
ABSENT: None
(SEAL)
N. R. Mal~er~', C~e'r~ o'f th'e: SOL~fH
TAHOE PUBLIC UTILIffY DISTRICT/~nd''
ex-officio Secret~rM of the ~oard
of Directors thereof /.'
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,..I[3HN O. WEIDMAN
ATTORNEY AT LAW
I,H A I N STREET
,~Vl LLE, CALIF.
EXHIBIT A
An easement for the purpose of constructing, reconstruct.
ing, repairing, maintaining and operating sanitary sewers and
appurtenances, together with the right of ingress and egress
therefor, on, under, beneath and across that certain real property
in the County of E1 Dorado, State of California, deseribed as:
For sanitary sewer line force main;
Ail that certain real property situate in the County of E1 Dorado,
State of California, described as follows:
PARCEL NO. 1
A 10 foot wide strip of land situate in Pioneer Trail traversing
the South half of Southwest quarter of Section 2, the North half
of the Northwest quarter of Section 11 and the North half of the
Northeast quarter of Section 10 Township 12, Range 18 East,
M. D. B. &M. '
PARCEL NO. 2
A 10 foot wide strip of land across any creeks and water courses,
adjacent to Pioneer Trail said strip being contiguous and lying
on the South half of the Southwest quarter of Section 2, the
North half of the Northwest quarter of Section 11 and the North
half of the Northeast quarter of Section 10, Township 12, Range
18 East, M. D. B. & M.
TOGETHER with a 20 foot wide strip of land lying generally
northerly and contiguous to the generally northerly boundary of
the aforedescribed Pioneer Trail; said strip of land to be used
for the purpose of constructing, maintaining, repairing and
reconstructing said sanitarM sewer line force main and
appurtenances thereto on the aforedescribed Parcel No 1 and
Parcel No. 2.
EXHIBIT A