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Resolution No. 634 2 4 5 6 7 8 9 11 12 ].5 14 ].5 16 17 18 19 20 21 22 24 25 26 27 28 29 30 32 JOHN I~. WKIDMAN A'r'IrCII~NEY AT CAW RESOLUTION NO. 636 A RESOLUTION OF APPLICATION BY SOUTH TAHOE PUBLIC UTILITY DISTRICT REQUESTING THAT LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE DISTRICT SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEA~TION NO. 1965 - 15 (Johnson - Springmeyer) RESOLVED~ by the Board of Birectors of South Tahoe Publi, Utility District, E1 Dorado County~ California~ that WHEREAS~ the District proposes to initiate preliminary proceedings pursuant to the Sistrict Reorganization Act of 1965, Title 6~ Division 1~ of the Government Code of the State of California {commencing with Section 56000} for annexation of the territory described in EXHIBIT A attached hereto and made a part hereof (hereinafter sometimes referred to as the ~territory~); and WHEREAS, the proposed annexation of the territory to South Tahoe Public Utility District will not affect any other District nor any city~ but will affect the County of 'El Dorado~ State of California; and WH'EREAS~ the territory proposed to be annexed is uninhabited as such term is defined in the Government Code~ Section 56065, and a description of the exterior boundaries of the territory is set forth in said EF~IBIT A; and WHEREAS~ it is desired to provide that the proposed annexation be subject to the terms and conditions described in EXHIBIT~B attached hereto and made a part hereof; and WHEREAS, because of the geographical location of the territory to be annexed~ the District can adequately and economi- cally furnish servioes 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 1 2 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 29. 2S 24 25 27 ~8 29 SO 52 JI:3HN ~. W£1DMAN the reasonably foreseeable future; and WHEEEAS~ 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 P'ublic 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 stated in said EXHIBIT B: and in the manner provided by the District Reorganization Act of 1965; 2. That the Local Agency Formation Commission is furthez 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 of Directors hereby waives mailed notice pursuant to Section 5~261 of the Government Code: and hereb' consents to the Commission's approval of the annexation without notice or hearing; 4. 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 Loaa Agency Formation Commission 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 pay from available funds of the District any fees up to the amount of $500 as established by the 'El Dorado County Local Agency Formation Commission pursuant to Section 56133 of the Government Code. 2 5 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 5O 51 ,.Jr~HN C. WI='IDMAN PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of South Tahoe Public Utility District on December 16~ 1965~ by the following vote: AXES: Directors Fesler~ Stewart~ Kortes~ Wakeman and Bickle NOES: None ABSENT: None Robert Wo Fesler~ President of the Board of Directors of South Tahoe Public Utility District AT ST: .... '~' / David W. Callah'an~ Clerk of South Tahoe Public Utility Dis- trict and ex officio Secretary of the Board of Directors thereof (SEAL) 1 2 4 5 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 $0 $1 · .IF1HN C. WEIDMAN ATTORN[Y AT [.,AW All of 'the following parcels of real propertly located in the County of E1 Dorado, ota~e 'of California and ~ore particularly described as follows: East half of Lot i0 ..and the East half of Lot 11 of Section 3, Township 12 l~or'bh, Range 18 East., lvi.D.B.a~,;~. SAVIIQG A/~D ~CEPTIi~G THEREFROi~'i all that portion which lies within the exterior boundaries of Meadow Heights Subdivision filed in the office of the County }%ecorder of the County of E1 Dorado, State of California, on March 16, !955, in i,~.,ap Book B, at Page and also SAVING AND ~CEPTING TtiEREFROM all that property' described in the deed from, Knox Van Dyke Johnson, et al., as ExecuDors of ~he Last '~.,ill and Testament of Stella Van, Dyke Johnson, deceased to the South Tahoe Public Utility District, dated December 7, 1959, recorded l~arch 22, 1960, in Book 502 of Official Records of E1 Dorado County at Page 70. Lot 14 of Section 3, Township 12 horth, Range t8 Lots 12 and 13 in Section 3, Township 12 I~or-bh, Range 18 East, M .D .B .~. The East half of Lot 5 and East half of Lot 6, in Section 3, Township 12 ~,~orth, Range 18 [~ast, i~i.D.B.?/~. SAVIi~G AI~D EXCEPTING THEREFROM all that portion which lies within the exterior boundaries of Trout Creek Tract as shown on the Official l~ap of Yrout Creek fract filed in the office of the County Recorder of 'the County of E1 Dorado, State of California on September 22, 1967, in }~iap. Book A, at Page 72. ALSO SAVING ~k~D EXCEPTING THEREFRO~ all that portion which lies within the exterior boundaries of Johnson Acres Subdivision No. 2, as shown on the Official Map of Johnson Acres Subdivision ~o. 2 filed in the office of the Coun'cy Recorder of E1 Dorado County, State of California, on June 12, 1946, in i~ap Book A, at Page ~. ALSO SAVING A~D EXCEPTII~G THEREFRO~;~~ all that property lying Easterly of the Easterl~y line of U. S. Highway No. 50 which property is described as B~GIE~ING at a point from which a 6" x 6'~ con,re'ce montument marking the Southwest corner of Lot No. i in Block No. 5 of Johnson Acres Subdivision h~o. 2, filed in the Official Records of E1 Dorado County in Book "A" of ~iaps at Page 44, bears S. 28° ]-3' 02" ~,,~. 452.97 feet; said point is also distant 40.00 feet Southeasterly measured at right angles from Engineer's Station 99 50 of the base line of the State Highway-Survey fro~ ~eyers-q~cKinneys State Road to California-Nevada State Line~ road III-ED-11-K~ T~{ENCE fro~. said point of beginning S. 04u o 14' 58" E. 15.00 feet; thence from a %angen'b that bears N. 45' 02" E. along a curve to the left with a radius of 5055 feet, through an angle of O1° 25' 56", an ~rc length of 126.36 feet (the chord of said curve bears ~i. 25~ 02, 04' E. 126.36 feet); thence ~. 65° 40' 54" W. 15.O0 feet; ~hence from a ~cangenV that bears S. 24° 19' 06" W. along a curve to the right with a radius of 5040 feet, through an angle of O1° 25' 56", an arc length of 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 24 25 26 27 28 29 $o .JOHN O. WEIDMAN 125.98 feet (the chord of said curve bears S. 25° 02' 04~, W. 125.98 feet) to the point of beginning ~ ' ' containing -043 of an acre more or less. Lot; 5, Lot 6, Lo-~ 7, West Half of Lot 12, Lo~ 8, Lot 9, West half of Lo~ l0 and the ~,~est half of Lob 13 of Section 2, Township 12 North, Range 18 East, ~i.D.B.~d~. SAVING AND ~CEPTI~!G THEREFROm! ~he following described Parcels, to-wit: (Parcel A and Parcel B), PARCEL A: All 'ghat portion thereof which lies within the exterior boundaries of the following described real property, Being a portion of [:.he ~est half of Loz 5, a portion of Lot 6, the West half of Lob 13 and a portion of the West half of Lot 12, all in Section 2, Township 12 I~orth, Range 18 East, i~i.D.B.&~[~, more particularly described as follows:. BEGI~i~I~.~G at a capped iron pipe l" in diameter, fro~ which th Southwest corner of Lot:. 5, of said Section 2 bears North 88~ 10' 20'~ 'West, 969.50 feet; thence from~ the point of beginni~$ ~outh 12° 24' 30" ~East 25~.56 feet 'bo a similar pipe; South 48 ~7' ;;~st, 263.35 ieeb to a similar ~ipe; South 57° 13' East, 266.28 fee~ '~o a sir~i].ar pipe; Sout~ 35° ~l' 30' East 394.50 feet to a similar piRe; ~Sou-~h ~2° 13' East, 242.60 feet ' to a similar p~pe; ~ou~h 89~ 58' 15'~ EasY, ~25-18 feet to a similar pipe; ~outh 54 30' 30" East, ~38.~5 feet to a similar ~ipe; So~h 77 34' 30" East~ 219.82 feet to a similar pipe; ~oubh 18~ 15' 30" East, 91.36 feet to a s~iiar pipe; North 86° 06' 30" Eas~o, a~o ~43.16 feet a similar pipe, ~71.10 feev to a point in the center line of Pioneer Trail from which a inch capped iron pipe bears ~orth 86° 06' 30" East 30.11 feet; thence a~ong ~he center line of said Road South 0°' 55' 20,~ ~'est, 587.66 feet '~o a point in ~he cen~er line of sai~ road fro~ which a ~/4 inch capped iron pi~e bears North 80~ 14' Eas'~, ~0.49 feet; thence continue along the center line of said road South 8° 2~' West, 748.57 fee~. to a point in the center line of said road on the South boundary of Lot 12, of said Section 2; thence along the South boundary of Lot 12, South 89° 4~' 45" ast, at ~0.31 feet, a 3/4 inch capped iron pipe 813.56 feet ;o a 3/~ inch capped iron pipe ab ~che Soul, beast corner of the ~Jest half of said Lot 12, frc~ which boutheast corner of said ~ '~' ~34-41 ~ee~; thence Lot; 12 bears, South 89° t+3' '45~ North O° 21' ~;est, 2635.41 feet to a ~/~ inch capped iron pip~ at the Northeast corner of the West half of Lo'~ 15 on the Sout. h boundary of ~he Kelle~ Tracts~ thence along-~he ;~3outh boundary of the Keller Tracts Sout;h 89° 49' 05~ ~est, 596.89 feet to a 1/~ h~ch capped iron pi~ ~on the ~as~e~ly s~de of P~oneer ~rami thence crossing. ~ione~irail North 89 59' ~0'~ ~es[~, 62.29 feet (recorded North 89~ 57' 3~5'~ West,_62.33 feet) ~o a inch capped iron p~pe$ '~hence ~orth 89° 59' West, 669.58 feet; (recorded North 89~ 57~ 35" WesO, O69.55ofeet) thence No~'~h 89° 59' ~est, 271.16 feet (recorded North 89 57' 26'~ West 2~1.00 feet) to a 3/4 inch capped iron pipe; thence ~orth 89° 59' ~es~, 720.72 feet, (recorded ~orth 89° 57' 26" West, 720.46 feet) a ~/4 inch capped iron p~pe; thence North 89~ 59' Wesv, 339.32 , ~ ' 26" ~.~est .20 feet) to a 2 feet (recorded ~orth 89 57 "' ', ~39" inch di~eter capped iron ~ipe~ 'thence North 0° 08, lO- West~ 142.34 ,fe~t, (recorded ~,~oroh O~ 07' 02.5" ~es-oS 1~2.27 feet) to a ]~/4 ~nch capped iron pipe; thence North 0 0~,lO,~ West, 1 2 4 5 6 7 10 11 12 ~5 16 17 18 19 20 21 22 24 25 26 27 28 29 $0 · ImHN O. WEIDMAN ATTOI~NEY AT LAW ~/& tach ~ ~ thence ~ou~ ~:I' 5~ ~e~t, ~12.$2 feet ,ach ~e~er 617.18 zee~ to the pomnt o~ oegmnning. ~ontainmng Y]~.gff a~fes, ~ore or ~ess. e~ al. aa eaeeu ;,. ors of ~.he Las~:~ ~'iii ~ ~es~amen~ of S~:~ella Van D Jehnaea, to bOU~ Xel~er, da~ Official Re~o~$ of F:I Do~do C~ty at L. S. 15~, at ~.h:e cermet e~e:;' ~i..s &, 9. [0 sad 11, Section 2. "i~a~ip 12 ~o~,n. ~ge 18 ~, ~;. D. B. ~ ;~,:., Said petn~ al~ ~!ng r~fe~ ~te as ~.~ center ;h~ee along ::,,~e ~orth-~ou~, cen~er lin~ of 12' 1~" ~es~. 9S.~ fee~: (cite Nor~ O0~ II' o the cen~er line of Pincer 1rail aa i~ ~ist~ in ~'.~{'~e p~i~,~. Of begi~mi~ of ~hia deserip~i~n ~;ortk 12, 1~~ :~:es~- 121&.9'7 fee?, t~ ~::r~e co. er 7, 8, 1,1 and 12. a~ae ~fe~ ~o a~ t~:~e ce~;~ 1/16 section 2-80 ~hence co~imut~g alo~ ,he ~Or.,,~-~u~:h ce~,er line o~ :~ec~:.ien 2, ~;e~th ~ 12' 1,~~ ~ea~ 116~.~ Feet l ~ea~ ~t.~ fee~ :o the let lime ~t~em ~ta 6 a~ 7~ ~ee the io~ line ~t,~en ~ta 6 ~ 7 ~om~h ~ ~3' 0~" ~eat 207~.&] feet ce a ~e a curve ~e tho left. the ~ ~' ~t a distance ef 1~0o00 feet 1 2 4 5 6 ? 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J 5 I-t N ~. A portion of Lots 5, ~2, 13 & 14 of oection 3, N., R. 18 E., ~.D.~., E1 Dorado County, California: T. 12 CO~H!]NCING at the NE corner of Lot 14, Section 3, T. 12 N., R. 18 E., ~i.D.N~.., E1 Dorado County, California; thence, along the North boundary of said Lot 14, 'West, 1280 feet more or less to the point of beginning of this description; thence, from said point of beginning, South 1930 feet; thence, East 170 feet; thence, South 2030 feet more or less to a point on the South line of said Lot 12; thence, alo~ said South line, West 210 feet ~_ore or less to a point' on the West line of Johnson ~oad; thence, along said ~st line, North 1820 feet more or i~ss; thence, ~,~est 800 feeo more or less to a point on the Eas'~erly line of Trout Creek Drainage; thence, along said Easterl)~ line, ~ortherly to the point of intersection with a line drawn parallel to and 350 feet at right angles from the !~asterly side of U. S. High~ay 50 as said Highway existed in 1958; thence, NEly along a curve to the left, which is parallel and 350 feet Eas~erly fro~ the }Tasterly side of said U. S. Highway 50, to the point of intersection with the North line of Lot 5 of saidoection° 3,' thence, along the North line of said Lot 5, East 100 feet more or less to the ~W corner of said Lot 14; ~hence, along the ~orth line of said Lot 14, East 1360 feet more or less to the point of beginning, Containing 71.00 acres r~ore or less and being subject to all rights-of-way and easements of record. SAVING AND EXCerPTING A portion of Lots 5 and 6, Section 3, Eldorado County, California. Commencing at the Northeast. corner of Lot 35, Trout Cre~k Tract, as shown on that ~ap recorded in Map-Book "A" at Fag, 72, ~[ildorado County Records; thence, along ~ohe Nortb line of Lot 5, Section ~ 12 ~. I{. 18 E , M.D.~., Eldorado County, ~. 89° 18' E., 82.72 feet to a point on the ~asterly right-of-way line of ~alifornia ~. S. Higjuway 50, the point of beginning of ~his description; thence, from said Poin~ of beginning, cOntinuing, N. 89° 18' O0'~ ~ 360.89 feet N~, 24° 02' 25" W., 369.31 feet; ~o a point 350 feet Easterly of the Easterly righ~-of-way line of said Highway~ 50; thence, from a tangent that bears, S. 12° 56' 2~" W., along a 5390 foot radius curve to the right, through an angle of 16° 42' 31", an arc length of 1571.83 feet (chord bearing S. 21° 17' 39'~ '~'~;., 1566.24 feet) to a point on the Northeasterly boundary of Johnson Acres Subdivision ~o. 2, as shown on that ~ap recorded in ~ap Book ~A~ at Page 44, Eldorado County Records; ~hence, along said boundary, thence, EXHIBIT "A" ~. 62° 48' 38" ~., 57.10 feet S 64°-14' 15.00 feet N. 65° 15.00 feet to a point on the U;asterly right-of-way line of said Highway 50; thence, leaving said Johnson Acres Subdivision, from a tangent that bears, ~. 27°ll, 22', along a 5040 foot radius curve to the left, through an angle of 1° 26' 20" an arc lengthoOf 12~6.57 feet (chord bearing N. 26 28' ~2'' ¥., 126.57 feet); thence, leaving said Easterly right-of-way line, thence, from a tangent that bears, N. 25° 45' 02" ~ along a 5055 foot radius curve to the left, through an, angle of 1° 25' 56" an arc ~eng~h o~ 126.36 feet (chord bearing, ~. 25° 02' 04" E., 126.36 feet); thence, to a point, on the Easterly right-of-way line of said Highway 50; thence, from a tangent that bears, N. 24° 19' 06" E., along a 5040 foot radius curve ~o the left, through an angle of lO° 24' 39", a distance of 915.78 feet, (chord bearing ~.~. 19° 06' ~7" E., 914.55 fee~) to the point of beginning. Containing 10.86 acres, more or less, and being subject to all rights-of-way and easements of record. EXHIBIT EXHIBIT t. In tl~e event the District shal] reau:].r.e anM .payment of a fixed or determinab]~ amounv of' money, either as a ]urnp ~u~ o~~ i~ J. nstal]~e~ts~ i'o~, ~he acqu]si[,J, on, tranaf'er, ~',e or ~';[d~t (b) ~ucb sum snal/1 be matte in cas.h to the UJ. str':ict prior to the effe~tive date of suca armsxatJon; or' tf payraent in installme~,ts is required, am agreemen providing for such paymemt sha.ll be du]~y e×ecuted w~th the District prior to tb.e such anmexat~on. In .]..JelJ of aliF payment ,';.;to ' .l'orth in (a) ,~r' (b) above, payment may be made through 1,/ The formation of a new improvement district districts or the annexation or detachment territory to or from any e.xistJng improvement distrfict or distr~cts; 2// The incurring of new indebtedness or .lJabJ].:ity ' by or on beh. al.t' of a['l o.[' ally parL o.f' alJy d~strict or of any ex.:istin~ o~. propoued new improvement distr'.Lct therein; 3/ The issuance and sal. e of any bonds, incJudJng authorized but unissued bonds. (d) Annexation fees in effect at the time of the fUJing oi' a written consent to annexation of territory to South Tahoe Public Utility District shall be paid to the District for those areas to be served by the District prior to the time that connect.ior~ to DfistriCt's system is made. (e) No sewer service wil.l, be provided to any of the reft'fi, tory proposed, to be annexed unti] 'the [.):i str'.i ct has reviewed, sfl. zed anu approved a.l.1 b~'unk :;ewe:u:}, [)ump stations and J'orce mair~.,.;, i.[' any, to t.,~ J t/:.~tn 1 ].ed .).n rn~c)i Ler~'J. tol-y. 2. Upon a.n(1 after the eff.ctive date of said annexation the territory, all. inhabitants wfithin said territory, and a.[]. person,s ent.itled to vote by reason, of r ~.~dlng o~:' owning ]and tezz} ,o~.y ,,h,]l.l. be s [b ject b~ the ,)uJ:':i:.:rticl';Jon of' tt~,? be ].:labie Yor the payment;, of pr'Jnc,:J, pal, intez'e,t,',s- and any oliver EX}tlBiT B 1 4 6 7 8 10 11 15 16 17 EXHIBIT B amounts which shall, become due on account of any outstar~dJ_.rg or then authorized but thereafter issued bonds, including i,evenue bonds, or other contracts or obligations of the ])ist~'ict ;~nd shall be subject to the levying o~' fixing and collection of any and taxes, assessments~ set'vi, ce charges, r~ntals, o~ ~'ates as may be necesssz7 to p~,ovide for such payment. 2 5 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 29 50 51 dnHN 13. WEIDMAN CERTIFICATE OF ~ESOLUTION STATE OF CALIFORNIA ) I SSo County of E1 Dorado ) I, DAVID ~. CALL~HAN, Clerk of the South Tahoe Public Utility District, County of E1 Dorado~ State of California, and ex officio Secretary of the Board of Directors the reof~ do hereby certify that the attached Resolution No. 634 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 regular meeting on December 16, 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 Fesler, Stewart, Kortes, Wakeman and Bickle NOES: None ABSENT: None SEAL David W. Callahan: Clerk of the South Tahoe Public Utility District and ex officio Secretary of the Board of Directors thereof