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Resolution No. 5812 $ 5 6 '7 8 9 10 11 12 13 15 16 17 18 19 2O 22 25 24 25 26 27 28 29 50 51 · ...I 12 C. WIEIDMAN ~NEY AT LAW F~SOLUTION NO. 551 A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR ANNEXATION OF TERRITORY T0 T~E DISTRICT SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNE~YJ, TION NO. 1965-9 RESOLVED~ by the Board of Directors of South Tahoe Publi. Utility District, E1 Dorado County~ California, that ~{EREAS, t.he District proposes to initiate preliminary proceedings pursuant to tie District Reorganization Act of 196J~ Title 6~ Division 1~ of the Government Code of 'the State of California (commencing with Section 56000} for annexation of the territory described in Extli'bit "A"~ attached hereto and made a par' hereof (hereinafter sometimes referred to as the "Territory"); WHEREAS~ the proposed annexation of the Territory to South Tahoe Public Utility District will not affect any other District nor any Ci'ty~ but will affect the County of E1 Dorado~ State of California; ~HEREAS~ the territory proposed to be annexed is uninhabited as sucl~ term is defined in the Government Code~ Section 56065~ and a description of the exterior boundaries of the Territory is set forth in said Exhibit ~TERE.~S, it is desired to provide that the proposed annexation be subject to the £ollowing terms and conditions: 1. In the event the District shall require any payment of a fi~ed or determinable amount of money~ either as a lump sum or in installments, for the acq'aisition~ transfer, use .or right of use or any part of ~-~e existing property~ real or personat~ of the District, such payment will be made as follows: (a) If payment in a ltm~p su.m is required~ payment of such sum shall be made in cash to the District prior to the effective date of such annexation; or 2 $ 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 50 51 52 d~ ' I:::. WEIDMAN ~NEY AT LAW (b) If payment in installments is required; an agreement providing .for such payment shall be duly executed with the District prior to the effective date of such al~aexation. (c) In lieu of any payment as set forth in (a) or (b) above, upon mutual agreement between a majority of property owners owning a majority of the assessed value of land described in Exhibit "A" and South Tahoe Public Utility District, payment may be made tkrough i/ The formation of a new improvement districl or districts or the annexation or detach- ment of territory to or from any existing improvement district or districts~ 2/ ~ne incurring of new indebtedness or liability by or on behalf of all or any part of any district or of any existing or proposed new improvement district therein~ 3/ The issuance and sale of any bonds, includ- ing authorized but unissued bonds. ~ne effective date of such annexation shallbe upon the execution of said mutual agreement. 2. Upon and after the effective date of said annexation the Territory, all inhabitants within such Territory, and all Per- sons entitled to vote by reason of residing or owning land within the Territory shall be subject to the jurisdiction of the District shall have the same rights and duties as if the Territory had been a part of the District upon its original formation, shall be liabl, for the payment of principal, interest, and any other amounts whic] shall become due on account of any outstanding or then authorized but thereafter issued bonds: including revenue bonds~ or other contracts or obligations of the District and shall be subject to the levying or fixing and collection of any and all taxes~ assess- men'ts, service charges~ rentals, or rates as may be necessary to provide for such payment; WHEREAS~ because of the geographical location of the Territory to be annexed, the District can adequately and economi- cally furnish services which are urgently needed within said Territory, and no other governmental agency is now able to so furnish such services and there is presently no prospect that any other such agency will be able to so furnish such services within 2. 2 4 5 6 7 8 9 10 11 15 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 50 51 52 *.lC ' [3. WEIDMAN the reasonably foreseeable future; WHERE~S, all of the owners of land within the Territory have given their written consent to the proposed annexation; NOW~ THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. That this resolution of application be, and it is hereby adopted by the Board of Directors of the South Tahoe Public Utility District~ and the Local Agency Formation Commission be, and it is hereby requested to take proceedings for the .annexation of the Territory described in said Exhibit "A" on the terms and conditions above stated and in the manner provided by thc District Reorganization Act of 1965; 2. That the Local Agency Formation Commission is furthe: requested to approve the proposed annexation 'without notice and hearing by the Commission and to approve and authorize the Board of Directors of the District to annex the Territory without notice and hearing by the Board of Directors and without an election; 3. That the Board o~F Directors hereby waives mailed notice pursuant to Section 56261 of the Government Code~ and hereb~ consents to the Commission's approval of the annexation without notice or hearing; ~. That the Secretary of the District be, and he is hereby, authorized and directed to file a certified copy of this resolution with the executive officer of the E1 Dorado County Loca Agency Formation Comnission and to attach thereto proof of the written consent of such annexation of all of the owners of land within the Territory proposed to be annexed~ and that the District Finance Officer be, and he is hereby, authorized and directed to p from a~ailable funds of the District any fees up to the amount of $500 as established by 'the E1 Dorado Co~mty Local Agency Formation Commission pursuant to Section 56133 of the Government Code. 1 2 $ 4 5 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 50 · .~' '" ~. WEll)MAN PASSED ANB ADOPTED at a duly held adjourned regular meeting of the Board o£ Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT on September 27, 1965~ by the following vote: AYES: Directors Clarke~ ~ FYsler, Stewart and Kortes NOES: None ABSENT: Director Wakeman Public Utility District ATTEST: of 'the South Tahoe Public Utility District and ex of£icio Secretary of the Board of Directors thereof (SEAL) E ~< U ~ B ] T " A " PROPOSED ANNEX ATIOI~ TO SOUTH TAHOE PUBLICUTILIIY~" DISTHICT A~NEXATION NO. 1965-9 ~SCRIPTION Ali that real property situate at [,ak~]ar~d, in t~e County E1 Dorado, in the State of California, described ~s All that portion of Section 33, Township 13-North, Range ].8 East, Mt Diablo Base and Meridian, described as fol]o~. COM~J~NCING at the southeast corner, a point on the northerly side of the State High, way, Route 11, E1 Dorado County, California, at a point from which the East 1/g corner of Section 33, Township 13 North, Range 18 East, Plt Diablo Base and Meridian, bears South 80° 50' East, 1793.g feet distant and the Southeast corner of the masonry fence pos~ at the southeast corner of the tract bears North 0.] feet distant. Thence, along the North boundary of said highway, curving to the right with a radius of 2960 feet, 252.~ feet to the concrete highway monument on the north si~e of said highway opposite Sra. 206 plus 22.8 of the center line survey thereof; which said monument bears South 66° 45' 30" West 252.4 feet from said Southeast corner of said tract. Thence, continuing along said highway, South 69° ]2' West 778.0 feet to the Southwest corner, a galvanized pipe, 3/g inch diameter 2 ]/2 f~eet long, set full length in the ground, with cap marked '~.-1"; from which the Southwest corner of the masonry gate post on the west side of the westerly e~trance to said tract bears North 23° 40' West ].94 feet distant. Thence leaving said highway, North 22° 00' West ]~.0 feet to a similar pipe, marked "m-2"; from which a yellow ~ine, 2 .feet diameter bears North 2° 08' East 10.5 ~eet distant marked "M-2BT", thin, ce North ]5° 00' 30" East 112.5 feet to a similar pipe set to a depth of 2 inches below the surface and stamped "COR 9"; from which a yellow pine, 2.g feet diameter bears South 20© 51' East^53.5 feet and a yellow pine, 2 feet diameter bears South 71~ 50' East 71.75 feet distant each blazed and scribed "COR 9BT"; thence North OO 06' East 181.O feet to a large spike, set 6 inches below the surface of the ground. Thence N~rth 0° 39' West 384.7 feet to a galvanized pipe, 1 1/2 inches diameter 6 inches above ground in a concrete box 6 inches square, with cap marked with a cross, and set on the approximate high-water line of Lake Tahoe, said post being a witness corner to the Northwest corner of said tract hgre~n described; said Northwest Corner being located North 0 West 50 feet, more or less from said witness corner, on the low-water line of said lake. Thence, from said witness corner North 56° ~+9' East 925.5 feet to a galvanized pipe, 3/~ diameter, six inches above ground, on the approximate high-water line of said lake, set in the ground in the east boundary fence of said tract for a witness corner to the ~Wortheast corner thereof, located on the low-water line of said ]ake, and which bears North 0© 08' West 60 feet, more or less, f'rom sa~d witness corner. Thence, from said witness corner, following said I'e~ce line, ~outh 0° 08' East, 1(')5.'/ feet t;o a wb'lte .qtake, Page 2 ANNF~ATION NO. 1965-9 squre, 6 inches above ground, at the point of intersection of said fence and a fence extending easterly. Thence, along said fence, North 89° 4&' East 161.7 feet to a galvar~ized pipe 3//, inches diameter, & inches above ground, set in the ground at the intersection of said fence and a fence extending southerly. Thence, along said fence, South 0° 13' 30" East 712.9 feet to the Southeast corner, the place of begir~ning. Containing 16.806 acres more or less measured within the monuments above described, besides the area of the beach of said Lake Tahoe, between the high-water and low-water lines thereof. This conveyance is made subject to all orior encumb.rance.~ conditions, restrictions and reservations of record. ? 8 10 11 15 15 18 17 18 ~0 ~0 JnHN ~. WE:IDMAN ~N~Y AT LAW CERTIFICATE OF RESOLUTION STATE OF CALIFORNIA) ) COUNTY OF EL DORADO) SS. I, DAVID W. CALLAHAN, 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. 581 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 duly held adjourned regular meeting on September 27, 1965, and that the original of said resolution is on file in the office of said SOUTH TAHOE PUBLIC UTILITY DISTRICT. Said resolution was passed and adopted by the following vote of the members of the Board of Directors thereof: AYES: Directors Clarke, "::~: ', ~ Fesler, Stewart and Kortes NOES: N one ABSENT: ~/akema n ( SEAL ) David W. Callahan, Clerk of the" SOUTH TAHOE PUBLIC UTILITY DISTRICT and ex-officio Secretary of the Board of Directors thereof.