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Resolution No. 1385 RESOLUTION NO. 1 3 8 5 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 1969-10 (TAHOE PARADISE, INC.) 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 Reorganizat[onAct of 1965, Title 6, Division 1, of the Government Code of the State of California (commencing with Sect[on 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 nor any city, but will affect the County of E1 Dorado, State of California; and WHEREAS, the territory proposed to be annexed is un[nhab[ted as such term is defined in the Government Code, Section 56045, and a description of the exterior boundaries of the terr[tow is set forth in said EXHIBIT A; and WHEREAS, it fs 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 economically furnish services, and there is presently no prospect that any other such agency will be able to so furnish such services w[thfn the reasonably foreseeable future; and WHEREAS, all of the owners of land within the territory have given their ~vritten 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, and 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 further 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 56261 of the Government Code, and hereby 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 Local 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 8500.00 as established by the E1 Dorado County Local Agency Formation Commission pursuant to Section 56133 of the Government Code. PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of South Tahoe Public Utility District on November 20, 1969, by the following vote: AYES: NOES: ABSENT: Directors Fesler, Kortes, Wakeman, and Ream None Hegarty ROBERT W. FESLER, President of the Board of Directors of South Tahoe Public Utility District ATT E ST: .DAVID W. CALLAHAN, Clerk of the South Tahoe Public Utility District (SEAL) -3- Page 1 of 2 Pa~:es DESCRIPTION OF PROPF. RT~' OF TAtlOE PARADISE, INC. TO BE ANNFXED TO SOUTtt TAIIOE PUBLIC UTILITY DISTRICT All that portion of Section 30 and 31 T.12 N. R 1.8 bI.D.B.& M., and the No.rtheast quarter of Section 36, T.12 N.' R.17 E., H.D.B.& H., more particularly described as follows: Beginning at the hrest quarter corner of Section 31, T.12 N., R.18 E., bI.D.B.& M., Thence from said point of beginning N.77o O0'E., .'220.00 feet; thence N.12o41,E., 335.00 feet; thence N.29° 16'E., 695.00 feet; thence N.20o47,E., 463.00 feet; thence N.51o 39'E., 792.00 feet; thence N.74o53,20,~1!., 491.51 feet; thence S.79°31'F~., 270.00 feet; thence S.73°26,35,,E., 540.41 feet; thence S.71o31,25,,E., 82.67 feet to the Northeast corner o£ Lot 1 as said lot is shown' and designated on the official map of Tahoe Paradise Unit. No. 34, fil. ed in the office of the Recorder of E1 Dorado County in Book "D" of Haps, Map No. Thence N 0°22,42,,.E · ., 768.01 feet to the most southerly corner of Lot 1394 as said lot is shown and designated on the official map of Tahoe Paradis~ Unit No. 33, filed in the office of the Recorder of E1 Dorado County in Book D of Haps, .~.~ap No. 29; thence N.84o37,22,,W., 1391..00 feet; thence N.20o00,W., 216.49 feet; thence N.70o00,E., 140.00 feet; thence N.20'°00'I~;., 139.27 feet; thence on a curve to the left of radius 100.00 feet, the chord of which bears N 41°25,25,,t? 73 05 feet thence S 00°22,W., 250.0 feet more or less to the Southeast corner of the Southwest quarter of the Southwest quarter of Section 30, T.12 N. Page 2 of 2 Pages Descript~ion of ~ro?erty of Tahoe Paradise, Inc. to be Annexed to South Tahoe Public Utility District R.18 E., M.D.B.& FI.', thence alonR the southerly boundary of the Southwest quarter o£ the Southtvest quarter of said Section 30, 1320.0 feet more or less to the. Northeast corner of Section 31, T.12 N., R.18 E., 31.D.B.& bi., thence N.85o08'W., 2602.20 feet to the North quarter corner of said Section ~6, thence S.4°21'10"W., 2710.83 feet to the center of said Section.'. thence S.80°54'F.., 2811.10 feet to the East quarter corner o£ said Section 36, ~vhich ~as the point of beginning. EXHIDIT B '. I. In the event the District shall require any payment of a fixed or determinable amount of money, either as a lur~lp sum or in insta]iments, for the acquistion, 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: (a) If payment in a lump sum is required, payment of such sum shall be made in cash to the District prior to the effective date of such anne;~ation; or (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 annexation. (c) In lieu of any payment set forth in (a) or (b) above, payment may be made through 1/ The formation of a new improvement district or districts or the annexation or detachment of territory to or from any existing in~provemcnt district or districts; 2/ The incurring of new indebtedness or liability by or on behalf of all or any part of any district or of any existing or proposed nevi improvement district therein; ~/ The issuance and sale of any bonds, including authorized but unissued bonds. (d) Anncxatlon fees in effect at the time of the filing of a written consent to annexation of territory to South Tahoe Public Utility District shall be paid to the Dist'rict for those areas to be served by the District prior to the time that connection to the District's system is made. (e) Tile land to be anne?.ed shall be included in and form a part of Improvement District ne.U-1 of the South Tahoe Public ~Jtility District formed pursu,:?,i~t to Section 15Z~-07 of the Public Utilities Code of the State of California, and Division ll, PF~rt 7 and Part 8 of the '-later Code of thr. Stete of California. Thc ¥,,ritten consent to annexation of tc~rrltory to So~Jth Tahoe Pub] lc Utility District e)..~.c~Jted by ov:ners shall constitute a petition for annexation to ihlprovemenL District of tile So~Jth Tahoc~ Publ lc Uti]ity District witho~tt f]otice and Hearin~i. 2.. Upon and after the effective date of said ~annex. ation, the territory, all inhabitants ,,~ithin said territory, and atl persons ~mtitlec! to vote by reason o'F residing or o,,~n[ng ]and v.,ithin the territory sh~:~]] be.subject to the _iurisdict~on of the District, shall have the same rights and d~]ties'as if the territory had been a part of the District upon its original formation, shall be liable fo~ the payment of principal, inter- est, and any other ~mounts v~hich sh~ll become due on account of an,/ outstanding er then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of the District and shall be subject to the ]ev,/ing or fixing and collection of any and ali taxes, assessments, service charges, rent.als or rates ~s may be necessary to provide for such Daym~nt. CERTIFICATE OF RESOLUTION STATE OF OALIFORNIA ) ) SS. COUNTY OF EL DORADO ) I, DAVID Vff. OALLAHAN, Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, State of California, do hereby certify that the attached Resolution No./~ ~ _J~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 UTILITYDISTRIGT. Said Resoluttonwas passed and adopted by the following vote of the members of the Board of Directors thereof on November 20, 1969. AYE S: NOES: ABSENT: Directors Fesler, Kortes, Wakeman, .and None H egarty Ream David W. Callahan, Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT (SEAL)