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Resolution No. 687WJML:RFR:gbb 7/1/66 12c 6 e 7 RESOLUTION NO. A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS ASSESSMENT DISTRICT 1965-1 RESOLVED, by the Board of Directors of the South Tahoe Public Utility District~ E1 Dorado County, California~ that in its opin- ion the public interest and convenience require~ and that it is the intention of said Board to order the following acquisitions and im- provements hereinafter described. 1. Whenever any public ~ay is herein referred to as running between two public ways, or from or to any public way~ the inter- sections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 2. Said streets and highways are more particularly shown in the records in the office of the County Recorder of E1 Dorado County~ California, and shall be shown upon the plans herein referred to to be filed with the Clerk of said District. 3. Ail of said work and improvements are to be constructed at the places and in the particular locations~ of the forms, sizes, dimensions and materials~ and at the lines~ grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 4. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans: profiles and specifications. 5. The acquisitions and improvements are described as follows: a) The installation and construction of a sanitary sewer sys- tem including collection sewers~ force mains, manholes~ flushing de- vices~ rodholes, wye branches and house laterals on streets and roads and in easements to be acquired therefor within the boundaries of that certain area known as Tahoe Meadows~ more particularly shown on a map thereof designated "South Tahoe Annexation No. 1965-3~T' on file in the office of the Clerk of said District~ b) The acquisition within the boundaries of said Tahoe Mead- ows~ of a right of service and use in the existing Beach Trunk Sewer Main facility of the South Tahoe Public Utility District within said area which helps provide service to and is of benefit to the proper- ties within said area~ c) The acquisition within the boundaries of said Tahoe Mead- ows, of a right of service and use in the existing sanitary sewerage and sewage disposal facilities of the South Tahoe Public Utility Dis- trict which help provide service to and are of benefit to the prop- erties within said area~ d) The acquisition within the boundaries of that certain area known as Lakeland Viltage~ more particularly shown on a map thereof designated "South Tahoe Annexation No. 1965-9~" on file in the of- fice of the Clerk of said District~ of a right of service and use in the existing sanitary sewerage and sewage disposal facilities of the South Tahoe Public Utility District; which help provide service to and are of benefit to the properties within said area~ e) The acquisition within the boundaries of that certain area described as Lot ~ Block 22, as shown upon that certain Map en- titled "Amended Map of A1 Tahoe," filed in the Office of the County Recorder of E1 Dorado County~ State of California, on November 21, 1917, in Map Book "A"~ at Page 3~ of a right of service and use in the existing sanitary sewerage and sewage disposal facilities of the South Tahoe Public Utility District which help provide service to and are of benefit to the properties within said area~ and f) The acquisition of all facilities~ lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same~ -2- 6. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade differ- ent from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said Board does hereby adopt and establish as the offi- cial grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. Ail such grades and eleva- tions are to be in feet and decimals thereof with reference to the datum plane of the U. S. Coast Geodetic Survey. 8. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. Ail items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and the map and description of the acquisitions, as contained in the Engineer's report~ shall be controlling as to the correct and detailed description thereof. 9. Said Board further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acqui- sitions and improvements. 10. Said contemplated acquisitions and improvements, in the opinion of the Board, are of more than local or ordinary public benefit and said Board does hereby make the costs and expenses thereof chargeable upon an assessment district, the exterior bound- aries of which are the coterminous exterior boundaries of the com- posite and consolidated area described as follows: a) Ail that portion of Sections 27~ 28~ 33 and 3~ T. 13 N.~ R. 18 E., M.D.M.~ described as follows: Beginning at a point of beginning described as follows, to wit~ commencing at the point of intersection of the Southern line of Park Avenue with the Easterly line of Pine Boulevard extended Southerly as said Park Avenue and Pine Boulevard are delineated and so designated on that certain map entitled "First Subdivision of Lakeside Park~ E1 Dorado County~ Cali- fornia,'' filed 2n the office of the County Recorder of said E1 Dorado County~ October 5~ 1909~ and running thence North 60°05' West a distance of 102.52 feet~ thence South 17°07' West~ a distance of 190.6 feet to a point which is the said point of beginning: RuNning thence North ~5°00' West, 688.3 feet; thence~ ~orth 57°33' West a distance of 472.65 feet; thence~ North 57~33~ West '4o the low water line of Lake Tahoe; thence, Southwesterly along the said low water line of Lake Tahoe a distance of 3370 feet~ more or less~ to the point where said low water line intersects a line bearing North 0°30' West from a point which bears North 89~30' West from and is 1369.~0 feet distant from the Northeast corner of the Southeast quarter of the Northeast quarter of Section 33, Township 13 North~ Range 18 East, M.D.B.& M.~ thence leaving said low water line of Lake Tahoe and running South 0°30' East to said point last above described; thence~ South 89° 30' East, a distance of 1369.20 feet to said Northeast cor- ner of the Southeast quarter of the Northeast quarter of said Section 33, thence South 89°30' East a distance of 15~.85 feet to a point on the Northwesterly line of the County Road leading to Bijou as the same existed on or be- fore the 9th day of October~ 1928~ thence along said line of said County Road the following courses and distances~ to wit, North 60°56' East~ a distance of 390.72 feet, thence, North 55°~1' East~ a distance of 3~6 feet; thence, North 63°12½' East a d~stance of 100 ~eet ~ ~' · ._ ; thence~ North 6~ 32'~ East, a distance of 200 feet~ thence North 62°10~'East, a distance of 200 feet; thence North 59°01½' East~ a distance of 299.90 °0~A' East~ a distance of 200.2 feet; feet; thence North 55 ~ thence~ North 55°~1' East a distance of 99.8 feet; thence, ~0~1 North ou uo~' East a distance of 200.61 feet; thence~ North 59°37' East a distance of 181.1~ feet; thence~ leaving the Northwesterly line of said Road to Bijou and running North ~°15t West; a distance of 835 feet more or less to a point which bears South 30°28-~' West~ from the point of intersec- tion first above mentioned~ namely the point of intersection of said Southern line of said Park Avenue with said Easterly line of said Pime Boulevard extended Southerly; thence~ North 30°28½~ East a distance of 395 feet more or less to a point bearing South ~5°00~ East from said point of beginning as above described~ thence~ North ~5°00' West to said point of beginning. EXCEPTING THEREFROM such portions of the land above described as have been conveyed by "Tahoe Meadows," a corporation, and others~ respectively to the State of California~ by Deed or Deeds heretofore recorded in the office of the County Re- corder of said County of E1 Dorado, since January 1, 1927. Being all of that certain parcel No. 1~ as described in Page 155 and Page 156 of Volume ~5~ Official Records~ as recorded in the Office of the E1 Dorado County Recorder. -4- b) Ail that real property situate at Lakeland, in the County of E1 Dorado, in the State of California, described as follows: Ail that portion of Section 33~ Township 13 North~ Range 18 East~ Mt. Diablo Base and Meridian, described as follows: COMMENCING at the southeast corner~ a point on the northerly side of the State Highway, Route 11, E1 Dorado County, California~ at a point from which the East 1/4 corner of Sec- tion 33, Township 13 North, Range 18 East~ Mt. Diablo Base and Meridian, bears South 80°50' East~ 1743.4 feet distant and the Southeast corner of the masonry fence post at the southeast corner of the tract bears North 0.1 feet distant. Thence, along the North boundary of said highway, curving to the right with a radius of 2960 feet~ 252.4 feet to the concrete highway monument on the north side of said highway opposite Sta. 206 plus 22.8 of the center line survey thereof~ which said monument bears South 65°45'30'' West 252.4 feet from said Southeast corner of said tract. Thence, continu- ing along said highway, South 69°12' West 778.0 feet to the Southwest corner, a galvanized pipe, 3/4 inch diameter 2 1/2 feet long~ set full length in the ground~ with cap marked "M-i"~ from which the Southwest corner of the masonry gate post on the west side of the westerly entrance to said tract bears North 23°~0' West 1.94 feet distant. Thence leaving said hi~hway~ North 22°00' West 14.0 feet to a similar pipe, marked "m-2"; from which a yellow pine~ 2 feet diameter bears North 2°08' East 10.5 feet distant marked "M-2BT"~ thence North 15o00'30'' 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, 2.4 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 0°06' East 181.0 feet to a large spike, set 6 inches below the surface of the ground. Thence North 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 herein described~ said Northwest Corner being located North 0o39' West 50 feet, more or less from said witness corner~ on the low-water line of said lake. Thence~ from said witness cor- ner North 56°49' 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 Northeast corner thereof~ located on the low-water line of said lake, and which bears North 0°08' West 60 feet, more or less~ from said witness corner. Thence, from said witness corner~ following said fence line~ South 0~08' East 105.7 feet to a white stake~ 1 inch square~ 6 inches above ground, at the point of intersection of said fence and a fence ex- tendin$ easterly. Thence~ along said fence, North 89°4~' East 151.7 feet to a galvanized pipe 3/~ inches diameter, 4 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 beginning. Containing 16.806 acres more or less measured within the monuments above described, be- sides the area of the beach of said Lake Tahoe, between the high-water and low-water lines thereof. -5- c) The real property situate in the County of E1 Dorado~ State of California~ described as: Lot ~, Block 22~ as sho~n upon that certain Map en- titled "Amended Map of A1 Tahoe~~ filed in the Office of the County Recorder of E1 Dorado County~ State of California~ on November 21~ 1917~ in Map Book "A"~ at Page 3. -6- 11. Notice is hereby given that serial bonds to represent the unpaid assessments~ and bear interest at the rate of not to exceed six percent (5%) per annum~ will be issued hereunder in the manner provided in the Improvement Bond Act of 1915~ Division 10 of the Streets and Highways Code~ the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alternative 'procedure for the advance payment of assessments and the calling of bonds shall apply. 12. Except as herein otherwise provided for the issuance of bonds~ all of said improvements shall be done pursuant to the pro- visions of the Municipal Improvement Act of 1913, as amended. 13. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the Clerk. 14. Said proposed acquisitions and improvements are hereby re- ferred to the District Engineer~ being a competent person employed by said District for that purpose~ and said Engineer is hereby di- rected to make and file with the Clerk of said District a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired~ (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; (c) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdi- visions of land within said district as the s~me existed at the time of the passage of this Resolution of Intention, each of which -7- subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the sev- eral subdivisions of land in said district in proportion to the es- timated benefits to be received by such subdivisions, respectively~ from said acquisitions and improvements~ and of the expenses inci- dental thereto. 15. If any excess shall be realized from the assessment, it shall be used, in such amounts as the Board may determine~ in ac- cordance with the provisions of law, for one or more of the follow- ing purposes: (a) Transfer to the general fund of the District, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or five percent (5%) of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental as- sessment; or (c) For the maintenance of the improvements. ATTEST .' Clerk and Ex-Officio Secretary DAVID W. CALLAHAN ROBERT W, FESLER -8- The foregoing is a full, true and correct cop.v of a Resolution which was duly and regularly adopted at a meeting of the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, duly' held on the ?th day of JULY , 1966, by the following vote of the members thereof: AYES, and in favor thereof, Directors: FESLER, WAKEMAN, KORTES, MELIKEAN AND HEGARTY NOES, Directors: None ABSENT, Directors: None Clerk and ex-officio Secretary of the South Tahoe Public Utility District DAVID W. CALLAHAN