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Resolution No. 1325 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WEIDMAN & GILMOUI~ ATTORNEY~ AT LAW RESOLUTION NO. 1325 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH T.^HOE PUBLIC UTILITY DISTRICT MAKING DETERMINATIONS AND APPROVING THE PROPOSED ANNEXATION OF TERRITORY, DESIGNATED AS "SOUTH TAHOE PUBLIC UTILITY DISTRICT ANNEXATION NO. 1969-4 TO THE SOUTH TAHOE PUBLIC UTILITY DISTRICT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, as follows: ~gHEREAS, on July 17, 1969, this Board adopted its Resolution No. 1299, 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, which resolution, together with a form of Written Consent of all of the owners of land of all the territory proposed to be annexed was filed with the Executive Officer of the Local Agency Formation Commission of the County of E1 Dorado; and WHEREAS, on September 17, 1969, the Local Agency Formation Commission of E1 Dorado County adopted its Resolution No. 26-69, A Resolution of the Local Agency Formation Commission of the County of E1 Dorado Making Determinations and Approving the Proposed Annexation of Territory, Designated as South Tahoe Annexation No. 1969-4, to the South Tahoe Public Utility District and WHEREAS, because of the geographical location of the territory to be annexed, the District can adequately and economically furnish services, specifically sewer 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 the reasonably 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WEIDMAN & GILMFIUR forseeable future; and ~gHEREAS, all published, poste~ and mailed notices of all proceedings subject of this said resolution whether proceedings by said Local Agency Formation Commission or this Board of Directors of the South Tahoe Public Utility District have been published, made and given as required by applicable law; and NOW, THEREFORE, IT IS FOUND, DETERMINED .AND ORDERED THAT: 1. The territory proposed to be annexed to the South Tahoe Public Utility District is uninhabited, as such term is defined in Government Code, Section ~604~, and the description of the exterior boundaries of the territory is set forth in Exhibit "A'~ attached hereto (South Tahoe Public Utility District Annexation No. 1969-4) and made a part hereof, and that no written or oral protests were filed. 2. The annexation to the South Tahoe Public Utility District is approved subject to the terms and conditions as contained in the aforementioned Resolution No. 1299 adopted July 17, 1969, by the Board of Directors of the South Tahoe Public Utility District insofar as applicable to South Tahoe Public Utility District Annexation No. 1969-4, which said terms and conditions are set forth in Exhibit "B" attached hereto. PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of South Tahoe Public Utility District on September 18, 1969, by the following vote: AY~S: Directors Fesler, Ko~tes, Wakeman, Hegarty and Ream NOES: None ABSENT: None 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WEIDMAN & (31LMFILI~ Robe-rB ~ ~, President of the Boara of Directors of South Tahoe Public Utility District. ATTEST: South Tahoe Public Utility District and ex officio Secretary of the Board of Directors thereof. ( SEAL ) ,, EXI!IBIT A Al! titat real pr~..,perty sit'~t~: iv~ t!t¢.~ City of Sollth I),o:~'~ao, State of Califor'..',.ia, d~.scril~ed All that portion of t!~e N:-~,rt~o~st quart~,~r of the Not t!~west quartt:r of Section 3,t, Town,ship l13N., Range 1SE., M.D.!t. & M. described as follows: BEGINNING at a point on tt~e Southeasterly line of the State t~ighwaS' leading to Bijou where same is intersected by thc Southerly line of Lakeside Lodge prop~t~rt7 extended Easterly, said point bearing S. 4,to l$'E., a distance of 8~.70 feet from the most Sout!~erly corner of said Lakeside I.odge property and running thence S. 4,1 of 61. 101 feet to the V~'esterly line of Lincoln 23' W. along said last named line a distance of 2 °lS'E., a distance hway; thence S. 27° 2.76 feet; thence iq. 45°56' W. a distance of 162.96 feet to a point on the Souti~easterly line of said Highway leadh~g to Bijou, said line of hl(!hwaybeing on a c.,u've having a radius of 2,240 feet concave to the Northwest and tangent to a line passing througi~ the last: named point which: line bears N. thence along said curve in a Northeasterly direction through a,q anglo, of 5°34'30'' a distance of 217.96 feet to the point of[,egi.nning, said " '~' 252 of beginning bearing S. 44°15'E. 40.08 feet from Engineer's S,at~¢~ + 48.00 feet as shown in the plans of Road District 3, E1 Dorado Cour~ty, Route 11, Section K, State Highway Layout No. 871 of the Department of Public Works, Division of ttighways, said parcel of land contah~.tng 0.53 acres, more or less. The bearings of this description are based on the plans of the above State Highway Layout No. 871. EXCEPTING any portion of the above described land which may lie within the exterior boundary of the present State tIighway. EXHIBIT 1. In the event the Distrcit shall require an'/ payment of a fixed or determinable amount of money, either as a lump sum or tn 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 roi Iow s: Lump sum prior to effective date of annexation. 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 o! residing or owning land within the territory shall be sub- Ject to the jurisdiction of the District, shall have the ~ame rights a~,d duties as tf the territory had been a part o! the District upon its original f~mation, shall be liable for the payment of principal, interest, and any other amounts which shall become clue on account of any outstanding or then authorized ' but thereafter issued bonds, including revenue bonds, or other contracts ~ obligations of the District arid shall be subject to the levying or fixing and collection of any and all taxe~, assessments, service charges, rentals, or rates as may be necessary to provide for such payment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 WEIDMAN & BILMOUR CERTI?ICA.TE OF RESOLUTION STATE 0F CALIFORNIA) COUNTY OF ~ DORADO) I, DAVID W. CALLAHAN, Clerk of the Somth Tahoe Public Utility District, County of E1 Dorado, State of California, do hereby certify that the attached Resolution No. 132~ is a true, full an~ correct copy thereof, and that sai~ resolution was duly adopted by the Board of Directors of South Tahoe Public Utility District at a duly held regular meeting on September 18, 1969, and that the original of sai~ resolution is on file in th~ office of sai~ South Tahoe Public Utility District. Said resolution was passed an~ adopted by the following vote of the members of the Board of Directors thereof: ~YES: Directors Fesler, Kortes, Wakeman, Hegarty and Ream N0[.,S: None ABSENT: None David W. Callahan, Clerk of the South Tahoe Public Utility District and ex- officio Secretary of the Board of Directors thereof. ( SEAL )