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Resolution No. 1300RESOLUTION NO. 1 3 0 0 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 ANNEXATION NO. 1969-5 (BARTON-LEDBETTER) RESOLVED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California, that WHEREAS, the District proposes to initiate preliminary proceedings pursuant to the District Reorganization Act of 1965, Title 6, Division 1, of the Government Code of the State of California (commencing with Section 56000) as amended, for annexation of the territory described in EXHIBIT A, attached hereto and made a part 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, but will affect the County of E1 Dorado, State of California, and the City of South Lake Tahoe; and WHEREAS, the territory proposed to be annexed is uninhabited as such term is defined in the Government Code, Section 56045, and a description of the exterior boundaries of the territory is set forth in said EXHIBIT A; and WHEREAS, it is desired to provide that the proposed annexation be subject to the terms and cond[tions 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 economically furnish services, and there is presently no prospect that any other such agency will be able to furnish such services within the reasonably foreseeable future; and WHEREAS, all of the owners of land within the territory have given their 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 Format[on Comm[ss[onbe, and it is hereby requested to take proceedings for the annexation of the territory described in said EXHIBIT A, and on the terms and conditions stated in said EXHIBITB, and in the manner provided by said District Reorganization Act of 1965, as amended; 2. That the Local Agency Format[on Commission is further requested to approve the proposed annexation without not[ce and hearing by the Commission and to approve and authorize the Board of Directors of the District to annex the territory without not[ce and hearing by the Board of Directors and w[thou~,' an election; 3. That the Board of Directors hereby waives mailed notice pursuant to Section 56261 of the Government Code, and hereby consents to the Commission's approval of the annexation without not[ce of hearing; 4. That the Secretary of the District be, and he is hereby author[zed and directed to file a certified copy of this RESOLUTION with the executive officer of the E1 Dorado County Local Agency Format[on 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 $500.00, as established by the E1 Dorado County Local Agency Formation Commission pursuant to Section 56133 of the Government Code. -2- PASSED AND ADOPTED ~t a duly held regular meeting of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, on July 17, 1969, by the following vote: AYE S: NOES: ABSENT: Directors Fesler, Hegarty and Ream None Wakeman and Kortes Robert'W. Fesler, Pres[dent of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: David ~ Off~c[o W. Callahan, Clerk and Secretary of the Board SOUTH TAHOE PUBLIC UTILITY DISTRI CT ( SEAL ) -3- - Cn ._lR A. HILn & AssOcIATES CONSULTING ENGINEERS EXHIBIT 'A DESCRIPT ION FOR MARTIN BROTHERS PROPOSED ANNEXATION 1969-5 84.75 acre parcel . Revised October 9, 1969 September 30, 1969 S-2476.01 X-ref. L-45.55 A portion of the Southwest quarter of Section 4, and a portion of the Northwest quarter of Section 9, T. 12 N., R. 18 E., M.D,M., E1 Dorado County, California. Beginning at the Southwest corner of Tamarack Subdivision Addition No. 1, as shown on that map recorded in Book "A" of Maps, Page 57, E1 Dorado County Records, said point being on the North line of the South half of the Southwest quarter of Section 4, T. 12 N., R. 18 E., M.D.M.; thence, along said North line, N. 89°59' E., 740.03 feet; thence, leaving said North line, along a 20-foot radius curve to the right, through an angle of 90°01 ' · , a distance of 31 42 feet, to a point on the Westerly right- of-way line of the Southerly ExtensiOn of Fourth Street; thence, along said Westerly right-of-way line, 'South 460.00 feet; thence, along a 20-foot radius curve to the right, through an angle of 55009', a distance of 19.25 feet; thence, from a tangent that bears, S.-55°09' W., along a 50-foot radius curve to the left, through an angle of 290°18', a distance of 253.33 feet; thence, from a tangent that bears N. 55°09' W., along a 20-foot radius curve to the right, through an angle of 55°09', a distance of 19.25 feet to a point on the Easterly right-of-way line of the Southerl'. Extension of said Fourth 'Street; thence, leaving said Easterly right-of- way line, N. 89°59' E., 533.74 feet; thence, North 480.00 feet to a point on the North line of the South half of the Southwest quarter of said Section 4; thence, along said North line, N. 89°59' E., 613.74 feet to the soUtheast corner of said Tamarack Subdivision Addition No. 1, said point being on the North-South mid-section line of Section 4; thence, along said mid-section line, S 0°12'30'' E , 1331.36 feet to the South quarter ' ' Checked: It is st~gested that this description be referred to a title company before incorporating It in any. document, DESCRIPTION FOR MARTIN BROTHERS PROPOSED ANNEXATION 1969-5 84.75 acre parcel Revised October 9, 1969 September 30, 1969 S-2476.01 X-ref. L-45.55 Page 2 corner of said Section 4; thence, along the North-South mid-section line of Section 9, T. 12 N., R. 18 E., M.D.M., South 888 feet more or less to a point on the Westerly line of that certain Parcel "B" referred to in that Deed recorded in Book 603, Official Records, Page 675, E1 Dorado County Records; thence, along the Westerly line of said Parcel "B" S. 12°55'45'' W., 786 feet more or less to a point on the Northerly Boundary of W. D. Barton Tract as shown on that map recorded in Book "A" of Maps, Page 48, E1 Dorado County Records, from whence the most North- easterlv corner of said W. D. Barton Track b~r~r $~ 66°q~'q~'' F.~ 179.39 feet; thence, along the Northerly Boundary of said W. D. Barton Tract the following courses: N. 66°30'30'' W., 298.08 feet; thence, N. 41°20'00'' W., 294.94 feet; thence, N. 44°29'00'' W., 564.92 feet; thence, N. 26°20'00'' W., 2115.46 feet to the most Northerly corner of said W. D. Barton Tract; thence, N. 25°06'00'' W., 80.00 feet; thence, N. 12°20'36'' E., 280 feet more or less, to the Southwest corner of Tamarack Subdivision Addition No. 1, the point of beginning of this description. Containing 84.75 acres more or less. It is suggested that this description be referred to e title company before incorporating it tn any document. Checked: Typing ......... Traverse ........ Map .......... EXHIBIT B 1. In the event the District shall require any payment of a fixed or determinable amount of money, either as a lump sum or in installments, for the acquisition, transfer, use or right of use or any part of the existing property, real or personal, of the District, such payment will be made as follows: Lump sum prior to effective date of annexation, provided if the territory annexed is zoned agricultural or recreational and is put to some interim use, not requiring residential, commercial, or industrial zoning, and in connection with said interim use requires sewer service to any port[on of the territory only ten percent (10%) of the annexation fee shall be payable prior to the time of connect[on to the District's system for such interim use; upon a change of use of said territory from such interim use, to a use requiring residential, commercial or industrial zoning, the remaining ninety percent (90%) of the annexation fee shall be payable prior to any change or extension or connection to the use requiring residential, commercial, or industrial zoning. 2. Upon and after the effective date of said annexation, the territory, all inhabitants within said territory, and all persons entitled to vote by reason of residing or owning the land within the territory shall be subject to the juris- diction of the District, shall have the same rights and duties as if the territory had been a part of the District upon its original format[on, shall be liable for the payment of principal, interest, and any other amounts which shall become due on account of any outstanding or then author[zed 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 collect[on of any and all taxes, assessments, service charges, rentals, or rates as may be necessary to provide for such payment. 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, do hereby certify that the attached RESOLUTION NO. 1 3 0 0 , is a true, full, and correct copy thereof, and that said RESOLUTION was duly adopted by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT. Said RESOLUTION was passed and adopted by the following vote of the members of the Board of Directors thereof, on July 17, 1969. AYES: NOES: AB SENT: Directors Fesler, Hegarty and Ream None Directors Wakeman and Kortes David W. Callahan, Clerk of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT