Resolution 2778-03
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RESOLUTION NO. 2778-03
A RESOLUTION BY THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ACCEPTING THE SOUTH UPPER TRUCKEE WATER MAIN EXTENSION
WHEREAS, the District owns and operates a water treatment and distribution
system ("System") for the beneficial use by the District and its customers located within
the City of South Lake Tahoe and certain portions of the County of EI Dorado,
California; and,
WHEREAS, Robert Olsen, Steven and Lucinda Anderson, Jerry Svensson and
Wayne Hosman (collectively Owners) own certain real property and improvements
located on South Upper Truckee Road, EI Dorado County, California, as more
particularly described in the Main Extension Agreement (defmed below); and,
WHEREAS, Owners were notified by the Department of Health Services to
discontinue use of their wells due to arsenic contamination and therefore requested the
District to approve a water main extension ("Main Extension") to provide water service
to their respective properties; and,
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WHEREAS, The District's Board of Directors approved Owners request for the
Main Extension on October 17, 2002, subject to execution of a main extension
agreement, which was executed by the Owners on April 29, 2003 (Main Extension
Agreement); and,
WHEREAS, The Tahoe Regional Planning Agency (TRPA) and the EI Dorado
County Department of Transportation were both permitting agencies for the project. On
the basis of an initial environmental evaluation, TRP A made a fmding of no significant
impact. In addition, EI Dorado County Department of Transportation found the project to
be statutorily exempt from CEQA pursuant to P.R.C. ~21080(b)(2) and (4) (Cal. Code of
Regs. ~15269(b)), because it is an emergency water main extension to maintain service
essential to protect the public health, safety or welfare. A Notice of Exemption was filed
with the EI Dorado County Clerk on January 24, 2003 and has not been challenged.
WHEREAS, Owners completed construction of the Main Extension which
consists of approximately 1,551 feet of an 8-inch pipeline for which Owners paid
$47,066 to their contractor for construction of the Main Extension and reimbursement for
permit fees; and,
WHEREAS, The District paid $18,279 to up-size the Main Extension pipeline
from six-inches to eight-inches, add two additional fire hydrants, and add connection
valves for use by potential future customers; and,
WHEREAS, Owners executed an Irrevocable Offer to Dedicate the Main
..... Extension to the District, dated July 28, 2003 (Dedication); and,
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WHEREAS, the Irrevocable Offer to Dedicate was recorded in the County
Recorder's Office on' August 6,2003; and,
WHEREAS, Owners desire the District to accept the Main Extension and provide
regular water service to Owners' above described properties.
NOW THEREFORE, be it resolved that the Board of Directors accepts the
dedication of the South Upper Truckee Water Main Extension and authorizes the
President of the Board of Directors to execute the attached Main Extension Agreement
and Certificate of Acc~pfance of the Dedication.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
resolution was duly and regularly adopted and passed by the Board of Directors of South
Tahoe Public Utility District at a regular meeting duly held on the 16th day of October,
2003, by the following vote:
AYES:
NOES:
ABSENT:
Directors Wallace, Schafer, Jones, Comte, Mosbacher
None
None
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President
tility District
ATTEST:
.tf--~ lcSh() A "It
at y Sharp,~erk of the Bo d and
Ex-officio Secretary to the Board of Directors
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Gary M. K vistad
HATCH & PARENT
21 East Carrillo Street
Santa Barbara, California 93101-2782
TillS SPACE RESERVED FOR RECORDER ONLY
(Gov. Code ~ 27361.6)
SOUTH UPPER TRUCKEE WATER MAIN EXTENSION
AGREEMENT
This Water Main Extension Agreement (Agreement) is made by and between the South
Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public
Utility District Act (District), Robert Olsen (Olsen), Steven and Lucinda Anderson (Anderson), Jerry
Svensson (Svensson) and Wayne Hosman (Hosman) (collectively referred to as "Applicants") on
this sixth day of March 2003, at South Lake Tahoe, California, with reference to the following facts
and intentions:
A. The District owns and operates a water treatment and distribution system (System)
for the beneficial use by the District and its customers located within the City of South Lake Tahoe
and certain portions of the County of EI Dorado, California;
B. Olsen owns certain real property and improvements located at 3618 South Upper
Truckee, California, Assessor Parcel Nos. 36-392-05, and more particularly described in the legal
description attached as Exhibit A, which is incorporated by this reference (Olsen Property);
c. Anderson owns certain real property and improvements located at 3629 Memory
Lane, South Lake Tahoe, California, Assessor Parcel No. 36-462-10, and more particularly described
in the legal description attached as Exhibit B, which is incorporated by this reference (Anderson
Property);
D. Svensson owns certain real property and improvements located at 3609 South Upper
Truckee, California, Assessor Parcel No. 36-401~02, and more particularly described in the legal
description attached as Exhibit C, which is incorporated by this reference (Svensson Property);
E. Hosman owns certain real property and improvements located at 3655 Memory Lane,
South Lake Tahoe, California, Assessor Parcel No. 36-462-08, and more particularly described in
the legal description attached as Exhibit D, which is incorporated by this reference (Hosman
Property);
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F. Applicants were notified by the Department of Health Services to discontinue use of
their wells due to arsenic contamination and therefore requested the District to approve a water main
extension (Main Extension) to provide water service to their properties;
G. The District's Board of Directors approved Applicant's Main Extension on October
17, 2002, subject to execution of a main extension agreement with the District; in a fOnD approved
by staff and legal counsel;
H. Applicants completed construction on the Main Extension which consists of
approximately 1,551 feet of an 8-inch pipeline for which Applicant's paid $ 47,066 to their
contractor for construction of the Main Extension and reimbursement for permit fees;
I. The District paid $18,279 to up-size the Main Extension pipeline from six- inches to
eight-inches, add two addtional fire hydrants, and add connection valves for use by potential future
customers; and,
J. Applicants desire the District to accept the Main Extension and provide regular water
service to Applicants and the District agrees to accept the Main Extension and provide such water
service pursuant to the tenns and conditions of this Agreement.
NOW, THEREFORE, the parties agree as follows:
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1.
Water Main Extension.
1.1. Water Main Extension. Applicants applied to District and District approved
construction of the Main Extension in order to provide water service to Applicant's properties and
other properties located on South Upper Truckee Road in EI Dorado County, California. These
properties are situated within the boundaries of District and in order to provide water service it was
necessary to construct the Main Extension. Applicants are the owners of said properties.
1.2. Construction. The Main Extension was constructed by Applicants' contractor which
included all of the water transmission facilities necessary to provide the requested water service
including, but not limited to, mains, service lines, valves and fire hydrants, and other appurtenances
as shown on the drawings prepared by District, dated September 25,2002 (plans), and approved by
the District.
1.3. Construction Standards. The Plans prepared by Applicants' engineer and the
construction performed by Applicants' contractor were in accordance with District's standards and
specifications. The Plans were submitted to and approved by the District prior to construction of the
Main Extension. The construction of the Main Extension was in conformance with the Plans, except
modifications, if any, that were reviewed and approved by the District. The Applicants shall furnish
the District with one (1) complete set of duplicate originals and two copies of approved as-built
Plans.
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1.4. Permits. Applicants affrrm that the Main Extension complied with all local, state
and federal laws, regulations and orders. Applicants, at their sole cost and expense, obtained all
permits and approvals from such governmental agencies having jurisdiction as necessary for
performance of the activities related to this Agreement.
1.5. Environmental Analysis. The Tahoe Regional Planning Agency (TRPA) and the
EI Dorado County Department of Transportation were both permitting agencies for the project. On
the basis of an initial environmental evaluation, TRP A made a fmding of no significant impact. In
addition, EI Dorado County Department of Transportation found the project to be statutorily exempt
from CEQA pursuant to P .R.C. ~21 080(b )(2) and (4) (Cal. Code of Regs. S 15269(b) )because it is
an emergency water main extension to maintain service essential to protect the public health, safety
or welfare. A Notice of Exemption was filed with the EI Dorado County Clerk on January 24, 2003.
In approving this Agreement, the Board has reviewed and considered the TRP A's finding of no
significant impact and EI Dorado County Department of Transportation's fmding of exemption.
1.6. Encroachment Permits. The Main Extension was constructed in a public right-of-
way for which Applicants obtained an encroachment permit(s) in the name of the District or, if
applicable, shall assign the encroachment permit(s) obtained in their names to the District and
deliver such permit( s) to the District within fourteen (I 4) days of the date of this Agreement.
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1.7. Reimbursement to District. Applicants shall reimburse the District the costs and
expenses incurred by the District in an amount not to exceed $25,236.24 with respect the Main
Extension including, but not limited to, planning, design, construction, document preparation,
inspection, and other such costs and expenses, whether preformed by the District's employees,
agents or consultants.
1.8. Accountine to Applicants. Upon acceptance of the Main Extension by the District,
the District will furnish Applicants a written accounting of all of District's costs and expenses
incurred in relation to this Agreement for which the District is seeking reimbursement from
Applicants.
1.9. Indemnity. Applicants shall indemnify, defend and hold harmless the District and
its directors, elected officials, officers, agents, contractors and employees, from and against any and
all claims, liabilities, damages, losses, costs and expenses of any nature whatsoever, including
attorneys, paralegals and expert fees and costs which arise out of, relate to or result from Applicants'
and their agents', contractors', and engineers' activities and obligations under this Agreement
including, but not limited to, design, planning, permitting, construction, testing, maintenance and
repair of the Main Extension, except to the extent of any liability, loss, cost or expense caused by
the District's active negligence or willful misconduct.
1.1 o. Joint and Several Li,bility. Applicants shall be jointly and severally liable to the
District for all obligations under this Agreement. This Agreement may be enforced against Olsen,
Anderson, Svensson and Hosman separately or against two or more of the Applicants jointly.
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1.11. Liabilitv Insurance. Applicants purchased and maintained, or required their
construction contractor to purchase and maintain, property and public liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and $1,000,000 for property
damage. Applicant's shall furnish the District with a certificate of insurance which shall show that
such insurance was in affect throughout the entire duration the Main Extension was constructed.
1.12. Guaranty.
a) Applicants guaranty that the Main Extension was constructed in accordance with
the requirements of this Agreement and in a good and workmanship like manner. Applicants agree
to reimburse the District, upon demand, for the full cost and expense any repairs or replacements
made necessmy by defects in materials or workmanship that become evident within one (1) year after
date of acceptance by the District.
(b) Replacement of earthfill or backfill, where settlement below the required finish
surfaces, shall be considered as part of any such repair work. Any such repair or resurfacing which
becomes necessary by reason of such settlement shall be likewise considered part of such repair
work, unless Applicants shall have obtained a statement in writing from the affected private owner
or public agency, as applicable, releasing the District from liability and responsibility in connection
with such settlement.
1.13. Bond. Applicants shall furnish District with a performance bond in an amount equal
to the construction cost of the Main Extension. Applicants shall maintain the performance bond in
full force and effect during the guaranty period for the purpose of insuring that any repairs or
replacements will be paid for by Applicants. The performance bond shall be in the District's
standard form for such bonds.
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1.14. Dedication. Applicants have caused or will cause to be recorded, a Notice of
Completion (Notice) in the manner and form and time required by Title 15 of the Civil Code of the
State of California and shall furnish District with a conformed copy of the recorded Notice endorsed
by the EI Dorado County Recorder's office. Not less than 60 days nor more than 70 days after the
recording of the Notice, Applicants shall furnish to District evidence that no claim of lien has been
recorded, or if any lien has been recorded, evidence that it has been satisfied or bonded against.
After compliance with the above requirements, Applicants will offer to dedicate the Main
Extension to the District on a fonn provided by the District. The District will then place the offer
to dedicate on the District Board of Director's meeting agenda for acceptance.
1.15. Connection With Other lands. Nothing in this Agreement shall be construed to
preclude the District from allowing persons or properties, in addition to those owned by applicants,
from connecting to the Main Extension.
1.16. Covenants Runnine with the Land. This Agreement and the rights, duties and
obligations of the parties shall be construed as covenants running with the land pursuant to
California Civil Code section 1468, and shall be binding upon and inure to the benefit and burden
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of the parties and their successor owners.
2. Pro-rata Reimbursement of Applicants and District
2.1. Reimbursement Charee. If the owner of any property located with in the area to be
served by the Main Extension, other than the properties owned by the Applicants, (Benefitted
Property) connects to the Main Extension during the term of this Agreement, the District shall
impose a charge (Reimbursement Charge) on each such Benefitted Property that request to
connect to the Main Extension. The reimbursement charge, as determined by the District, shall be
a Benefitted Property proportion use of the Main Extension based on the number of total
connections.
2.2. Connection ChaNe. The Reimbursement Charge shall be in addition to any
connection fee, permit fee, inspection fee, service charge, or any other payment imposed by
District as a condition to approval the connection of improvements to District's water system and
providing water service. District shall not be required to impose a Reimbursement Charge (i) for
properties other than a Benefitted Property; or (ii) for temporary connections. Nothing contained
in this Agreement shall prevent District from imposing fees or charges other than the
Reimbursement Charge on any property.
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2.3. Pro-rata Reimbursement of Applicants and the District. The Reimbursement
Charges imposed on any Benefitted Property which are collected by the District during the term of
this Agreement shall be paid in proportion to the Applicants's and the District's respective
payment for the cost of the Main Extension.
2.4. Reimbursement Limit. The total of all Reimbursement Charges paid to
Applicants by the District shall not exceed the Applicants' pro-rata share of costs paid for the
Extension. No payments shall be made to Applicants for any fees or charges collected by the
District other than Reimbursement Charges imposed on any Benefitted Property.
2.5. Term. The term of this Agreement shall expire on April 31, 2008, unless earlier
terminated as provided in Section 2.7 hereof. Any Reimbursement Charges collected by District
following the expiration of the term of this agreement shall belong solely to the District.
2.6. Assipment. Applicants' rights to receive Reimbursement Charges are not
personal to Applicants and shall not survive the sale by Applicants of all or any portion of their
respective properties, but shall entitle the subsequent owners of any of Applicants' properties to
such reimbursement.
3. Water Service
3.1. GeneraL The District shall provide water service pursuant to the District's
Administrative Code, rules and regulations to one (1) single family residence located on the each
of the Applicants' respective properties, as described at the beginning of this Agreement
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3.2 Connection Chal"le. The Applicants' shall pay the District, in addition to any
other costs and expenses related to this Agreement, a connection charge as a condition to
permitting the connection of improvements to District's water system and providing water service.
The connection charge shall be in accordance with the District's Administrative Code, rules,
regulations and policies as applicable to all of the District's customers.
3.2. Rates and Fees. The rates and fees charged to the Applicants for water service to
their respective properties shall be based on the type of service requested by each Applicant and
based on the District's Administrative Code, rules, regulations and policies as applicable to all of
the District's customers..
3.3. Billine. The District shall send one (1) bill to each applicant at their respective
addresses as subsequently provided in the notice section of this Agreement. The bill shall be for
Water Service which shall be paid in full and timely pursuant to the District's Administrative
Code, rules, regulations and policies.
3.4. Termination. The District shall be entitled to terminate this Agreement with
respect to an Applicant who is untimely or fails to pay any amount billed, or with respect to an
Applicant who breaches this Agreement, or as otherwise provided in the Administrative Code.
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3.S. Administrative Code. The Water Service provided by the District to Applicants
pursuant to this Agreement shall be subject to the District's Administrative Code, rules,
regulations and policies to the extent not inconsistent with the terms and conditions of this
Agreement. In the event of a conflict between the terms and conditions of this Agreement and the
District's Administrative Code, rules, regulations or policies, this Agreement shall control in all
respects.
4. General Provisions.
4.1. Recitals. The recitals stated at the beginning of this Agreement of any matters or
facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the
recitals, if any, shall be deemed a part of this Agreement.
4.2. Notices. All notices, approvals, acceptances, requests, demands and other
communications required or permitted, to be effective, shall be in writing and shall be delivered,
either in person or by mailing the same by United States mail (postage prepaid, registered or certi-
fied, return receipt requested) or by Federal Express or other similar overnight delivery service, to
the party to whom the notice is directed at the address of such party as follows:
TO:
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
Attn: General Manager
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With a copy to:
Gary K vistad, Esq.
Hatch & Parent
21 East Carrillo Street
Santa Barbara, California 93101
TO: OLSEN
Robert Olsen
P.O. Box 550487
Tahoe Paradise, CA 96155
TO: ANDERSON
Steven and Lucinda Anderson
3629 Memory Lane
South Lake Tahoe, CA 96150
TO: SVENSSON
Jerry Svensson
2604 Fontezula Drive
Hacienda Heights, CA 91745
TO: HOSMAN
Wayne Hosman
P.O. Box 550519
South Lake Tahoe, CA 96155
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Any communication given by mail shall be deemed delivered two (2) business days after
such mailing date, and any written communication given by overnight delivery service shall be
deemed delivered one (1) business day after the dispatch date. Either party may change its
address by giving the other party written notice of its new address.
4.3. Successors and Assiens. This Agreement shall be binding on and shall inure to
the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agree-
ment, express or implied, is intended to confer on any person other than the parties or their
respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by
reason of this Agreement.
4.4. Assipability. This Agreement shall not be assignable, except to subsequent
owners of Applicant's properties, by Olsen, Anderson, Svensson or Hosman without the prior
written consent of the District, who shall have the sole discretion to consent or not to consent to
any proposed assignment. Any attempted assignment without the approval of the District party
shall be void.
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4.5. Waiver. No waiver by any party of any of the provisions shall be effective unless
explicitly stated in writing and executed by the party so waiving. Except as provided in the
preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any
investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party
taking such action of compliance with any representations, warranties, covenants, or agreements
contained in this Agreement, and in any documents delivered or to be delivered pursuant to this
Agreement. The waiver by any party of a breach of any provision of this Agreement shall not
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operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions
of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or
not similar, nor shall any waiver constitute a continuing waiver.
4.6. Headines. The section headings contained in this Agreement are for convenience
and reference only and shall not affect the meaning or interpretation of this Agreement.
4.7. Severability. If any term, provision, covenant or condition of this Agreement
shall be or become illegal, null, void or against public policy, or shall be held by any court of
competent jurisdiction to be illegal, null, void or against policy, the remaining provisions of this
Agreement shall remain in full force and effect, and shall not be affected, impaired or invalidated.
The term, provision, covenant or condition that is so invalidated, voided or held to be
unenforceable, shall be modified or changed by the parties to the extent possible to carry out the
intentions and directives set forth in this Agreement.
4.8. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one and the same
instrument.
4.9. Governine Law. This Agreement shall be governed by, and interpreted in
accordance with, the laws of the State of California to the extent California Law is applicable to
the United States, with venue proper only in the County ofEl Dorado (?), State ofCalifomia.
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4.10. Parties in Interest Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement on any persons
other than the parties to it and their respective successors and assigns, nor is anything in this
Agreement intended to relieve or discharge the obligation or liability of any third persons to any
party to this Agreement, nor shall any provision give any third persons any right of subrogation or
action against any party to this Agreement.
4.11. Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an
action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be
determined by the court in the same action or in a separate action brought for that purpose. The
attorneys' fees award shall be made as to fully reimburse for all attorneys' fees, paralegal fees,
costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being
the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and
expenses paid or incurred in good faith.
4.12. Good Faith. The parties agree to exercise their best efforts and utmost good faith
to effectuate all the terms and conditions of this Agreement and to execute such further
instruments and documents as are necessary or appropriate to effectuate all of the terms and con-
ditions of this Agreement.
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4.13. Construction. The provisions of this Agreement should be liberally construed to
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effectuate its purposes. The language of all parts of this Agreement shall be construed simply
according to its plain meaning and shall not be construed for or against either party, as each party
has participated in the drafting of this document and had the opportunity to have their counsel
review it. Whenever the context and construction so requires, all words used in the singular shall
be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice
versa.
4.14. SeveralOblieations. Except where specifically stated in this Agreement to be
otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not
joint or collective. Nothing contained in this Agreement shall be construed to create an associa-
tion, trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or
liability on or with regard to either party. Each party shall be individually and severally liable for
its own obligations under this Agreement.
4.15. Authority. The individuals executing this Agreement represent and warrant that
they have the authority to enter into this Agreement and to perfonn all acts required by this Agree-
ment, and that the consent, approval or execution of or by any third party is not required to legally
bind either party to the terms and conditions of this Agreement.
4.16. Ownership. Applicants represent and warrant to the District that, with respect to
each or their properties, that they are the sole owners, in fee, and no other person or entity has an
ownership interest.
4.17. Entire A~eement. This Agreement contains the entire understanding and agree-
ment of the parties, and supersedes all prior agreements and understandings, oral and written,
between the parties. There have been no binding promises, representations, agreements,
warranties or undertakings by any of the parties, either oral or written, of any character or nature,
except as stated in this Agreement. This Agreement may be altered, amended or modified only by
an instrument in writing, executed by the parties to this Agreement and by no other means. Each
party waives its future right to claim, contest or assert that this Agreement was modified,
canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
and at the place first written above.
DISTRICT
South Tahoe Public Utility District
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Robert Olsen .
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Anderson
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Lucinda Anderson
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF EI 'Do vadt1
On ,2003 before me, c...h V1-S-\-tv"~ ~e.....~ ~
appeared,
s+ ~0-~Vl Q VlCl.L \'~CYY\
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, personally
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the
personOO whose name~' is/me subscribed to the within
instrument and acknowledged to me that he/sKe/~y
executed the same in his/hc!r/th,ir authorized capacity(~,
and that by his/her/their signature~ on the instrument the
person~, or the entity upon behalf of which the person~
. acted, executed the instrument.
WITNESS my hand and official seal.
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(SIGNATURE OF NOTARY)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF B Do va d ()
On.t:lg~ Ol. c;-U1 ,2003 before me, (1,\ It So 4 ~
appeareCl, I . Q
l-LA. C J. V\rt O'-J V'Clt.,.y S UK )
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o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the
person~ whose name(s) is/a;e subscribed to the within
instrument and acknowledged to me that \1e/she/thty
executed the same in qwher/th,eir authorized capacity(i9S),
and that by ~er/th~ signature~ on the instrument the
person(~, or the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
CJ\A/LS+-UU- ~N-UCv
(SIGNATURE OF NOTARY)
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.I CHRISTENE GARCIA
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sa 314782 vi: 007627.0012
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
\., STATEOFCALIFORNIA
COUNTY OF EI lxwa...d.o
On ~, 0Iti of,., , 2003 before me, C h 1;1 'S4-t,y'\..Q
appeared, I I \/'\ , \
\...AJ ~ V\ e. ~O SYV"D- Y\
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, personally
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the
person(,$') whose name(~is/ar.e subscribed to the within
instrument and acknowledged to me that he/sM/th6y
executed the same in his/hef/their authorized capacity(ie(),
and that by hislh,ir/th.eir signature(~on the instrument the
personOO, or the entity upon behalf of which the person(.s1
acted, executed the instrument.
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J ~ CHRISTENE GARCIA
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88314782 vI: 007627.0012
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ~uvac1 0
On ilf'4 ~ 6l"i+<'. 2003 before me, r 1, vtS,4.fvl-e @ v~ " pemmally appeared ,
, ~_ he v'-+ Ol<;,-e V\..
o personally known to me - OR -'10 proved to me on the basis of satisfactory evidence to be the person(~ whose
name(~ is/are subscribed to the within instrument and acknowledged to me
that he/sk'e/th~ executed the same in hiM/thpir authorized capacity(teS), and
that by his/lu!r/tQeir signature($) on the instrument the personOO, or the entity
upon behalf of which the person~) acted, executed the instrument
WITNESS my hand and official seal.
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(SIGNATURE OF NOTARY)
~.~;j'"~h&.......1!ll. .i.:i., ~ AIL. ,~ .sJ- .~
J@ CHRISTENE GARCIA ~
1 - Commission f. 1308322
~ . . Notary Public - California ~
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SB314782vl: 007627.0012
-15-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
\., STATE OF CALIFORNIA
COUNTYOF f37 "J'yJVodO
On P-pv-I L ;J1~ , 2003 before me, r JI\ V\ ~ ~ ~
appeared , \ .::::::..'
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proved to me on the basis of satisfactory evidence to be the
person~ whose name~ is/~ subscribed to the within
instrument and acknowledged to me that he/s\:1e/they
executed the same in his/hpt/thpr authorized capacity(is4,
and that by hi~/th~ signature<fl on the instrument the
person~, or the entity upon behalf of which the person(~
acted, executed the instrument.
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WITNESS my hand and official seal.
"~... ~.. _ _ _ _ _ _ .. ~~M ~ COCLvC.t.A..-
J . CHRISTENEGARCIA ~ (SIGNATURE OF NOTARY)
1 a Commission' 1308322 ~
1 ~ Notary Public - California E
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SB314782 vi: 007627.0012
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
111I111111111111111111111111111111111111111111111
El Dorado, County Recorder
Uilliam Schultz Co Recorder Office
DOC- 2003-0081058-00
.
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Gary M. K vistad
HATCH & PARENT
21 East Carrillo Street
Santa Barbara, California 93101-2782
Check Numbe~ 87~1
Friday, AUG 08, 2003 08:3S:ee
Ttl Pd $34.00 Nbr-0000466562
LMT/C2/1-10
SAse
S SPACE RESERVED FOR RECORDER ONLY
(Gov. Code ~ 27361.6)
IRREVOCABLE OFFER TO DEDICATE MAIN EXTENSION
This Irrevocable Offer to Dedicate Main Extension (Offer) is made by Robert Olsen
(Olsen), Steven and Lucinda Anderson (Anderson), Jerry Svensson (Svensson) and Wayne
Hos~ (Hosman) (collectively Grantors) to the South Lake Tahoe Public Utility District a
California public agency formed in 1950 pursuant to the Public Utility District Act (District) on
this ~ day of July, 2003, at South Lake Tahoe, California, with reference to the following
facts and intentions:
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A. The District owns and operates a water treatment and distribution system
(System) for the beneficial use by the District and its customers located within the City of South
Lake Tahoe and certain portions of the County ofEl Dorado, California;
B. Grantors were notified by the Department of Health Services to discontinue use of
their wells due to arsenic contamination and therefore requested the District to approve a water
main extension (Main Extension) to provide water service to their properties;
C. The District's Board of Directors approved Applicant's request for a Main
Extension on October 17, 2002, subject to execution of a Main Extension Agreement with the
District which required dedication of the Main Extension facilities to the District after
completion of construction; and;
D. Grantors completed construction of the Main Extension and desire to dedicate the
Main Extension facilities to the District pursuant to the terms and conditions of the this Offer.
NOW, THEREFORE, the Grantors agree as follows:
1. OtTer of Dedication. FOR VALUABLE CONSIDERATION, the receipt of
which is acknowledged, Grantors do irrevocably offer to dedicate the Main Extension to the
District including, but not limited to, all of the water distribution facilities installed by Grantors
pursuant to the Main Extension Agreement and located within the right-of-way described in
Exhibit A, which is incorporate by this reference.
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SB 334108 vl:007627.0001
08.1058
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2. Warranty. Grantors represent and warrant to the District that the Main
Extension shall be free from all defects and material in workmanship for a period of one (1) year
from October 10, 2002.
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3. Liabilitv. District shall neither incur liability nor assume responsibility with
respect to the Main Extension until this Offer has been accepted by the District. Upon
acceptance of this Offer, in a form stated in Exhibit B, which is incorporated by this reference,
the District shall bear all costs and expenses related to the Main Extension.
4. Termination. This Offer shall terminate if the District fails to accept the Offer
by recordation of an unconditional acceptance and recorded with the El Dorado County
recorder's office within one (1) year from the date of this Offer.
5. Main Extension Aueement. The terms and conditions of the Main Extension
Agreement are incorporated by this reference. Grantors represent and warrant to the District that
they have installed the Main Extension in compliance with the Main Extension Agreement.
6. Entire Offer. This Offer constitutes the entire agreement between the parties
with respect to the Offer and may not be modified in any way except, with the prior approval of
the District, by an instrument in writing, signed by Grantors.
7. General Provisions.
7.1. Recitals. The recitals stated at the beginning of this Offer of any matters ....J
or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the
recitals, if any, shall be deemed a part of this Offer.
7.2. Notices. All notices, approvals, acceptances, requests, demands and other
communications required or permitted, to be effective, shall be in writing and shall be delivered,
either in person or by mailing the same by United States mail (postage prepaid, registered or
certified, return receipt requested) or by Federal Express or other similar overnight delivery
service, to the party to whom the notice is directed at the address of such party as follows:
TO: sourn TAHOE PUBLIC
UTILITY DISTRICT
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, California 96150
Attn: General Manager
With a copy to:
Gary Kvistad, Esq.
Hatch & Parent
21 East Carrillo Street
Santa Barbara, California 93101
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SB 334108 vl:007627.0001
'o.a I 0 5 B
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TO: OLSEN
Robert Olsen
P.O. Box 550487
Tahoe Paradise, CA 96155
TO: ANDERSON
Steven and Lucinda Anderson
3629 Memory Lane
South Lake Tahoe, CA 96150
TO: SVENSSON
Jerry Svensson
2604 Fontezula Drive
Hacienda Heights, CA 91745
TO: HOSMAN
Wayne Hosman
P.O. Box 550519
South Lake Tahoe, CA 96155
Any communication given by mail shall be deemed delivered two (2) business days after
such mailing date, and any written communication given by overnight delivery service shall be
deemed delivered one (1) business day after the dispatch date. Either party may change its
address by giving the other party written notice of its new address.
\.,
7.3. Successors and Assigns. This Offer shall be binding on and shall inure to
the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Offer,
express or implied, is intended to confer on any person other than the parties or their respective
heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of
this Offer.
7.4. Assignability. This Offer shall not be assignable, except to subsequent
owners of Applicant's properties, by Olsen, Anderson, Svensson or Hosman without the prior
written consent of the District, who shall have the sole discretion to consent or not to consent to
any proposed assignment. Any attempted assignment without the approval of the District party
shall be void.
7.5. Waiver. No waiver by any party of any of the provisions shall be
effective unless explicitly stated in writing and executed by the party so waiving. Except as
provided in the preceding sentence, no action taken pursuant to this Offer, including, without
limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver
by the party taking such action of compliance with any representations, warranties, covenants, or
agreements contained in this Offer, and in any documents delivered or to be delivered pursuant
to this Offer. The waiver by any party of a breach of any provision of this Offer shall not operate
or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this
Offer shall be deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any waiver constitute a continuing waiver.
\,.
7.6. Headings. The section headings contained in this Offer are for conven-
ience and reference only and shall not affect the meaning or interpretation of this Offer.
SO 334108 vl:007627.0001
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081058
4
7.7. Severability. If any term, provision, covenant or condition of this Offer
shall be or become illegal, null, void or against public policy, or shall be held by any court of
competent jurisdiction to be illegal, null, void or against policy, the remaining provisions of this
Offer shall remain in full force and effect, and shall not be affected, impaired or invalidated. The
term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable,
shall be modified or changed by the parties to the extent possible to carry out the intentions and
directives set forth in this Offer.
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7.8. Counterparts. This Offer may be executed in any number of counter-
parts, each of which shall be deemed to be an original, but all of which shall constitute one and
the same instrument.
7.9. Governing Law. This Offer shall be governed by, and interpreted in
accordance with, the laws of the State of California to the extent California Law is applicable to
the United States, with venue proper only in the County of El Dorado, State of California.
7.10. Parties in Interest. Nothing in this Offer, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Offer on any persons other
than the parties to it and their respective successors and assigns, nor is anything in this Offer
intended to relieve or discharge the obligation or liability of any third persons to any party to this
Offer, nor shall any provision give any third persons any right of subrogation or action against
any party to this Offer.
7.11. Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), J
including an action for declaratory relief, is brought to enforce or interpret the provisions of this
Offer, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may
be determined by the court in the same action or in a separate action brought for that purpose.
The attorneys' fees award shall be made as to fully reimburse for all attorneys' fees, paralegal
fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it
being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs
and expenses paid or incurred in good faith.
7.12. Good Faith. The parties agree to exercise their best efforts and utmost
good faith to effectuate all the tenns and conditions of this Offer and to execute such further
instruments and documents as are necessary or appropriate to effectuate all of the terms and con-
ditions of this Offer.
7.13. Construction. The provisions of this Offer should be liberally construed
to effectuate its purposes. The language of all parts of this Offer shall be construed simply
according to its plain meaning and shall not be construed for or against either party, as each party
has participated in the drafting of this document and had the opportunity to have their counsel
review it. Whenever the context and construction so requires, all words used in the singular shall
be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice
versa.
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SB 334108 vl:007627.0001
o 8 I 0 5 8;
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7.14. Several Obligations. Except where specifically stated in this Offer to be
otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not
joint or collective. Nothing contained in this Offer shall be construed to create an association,
trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on
or with regard to either party. Each party shall be individually and severally liable for its own
obligations under this Offer.
7.15. Authority. The individuals executing this Offer represent and warrant
that they have the authority to enter into this Offer and to perform all acts required by this Offer,
and that the consent, approval or execution of or by any third party is not required to legally bind
either party to the terms and conditions of this Offer.
7.16. Entire Agreement. This Offer contains the entire understanding and
agreement of the parties, and supersedes all prior agreements and understandings, oral and
written, between the parties that have not been explicitly incorporated into this Offer. There
have been no binding promises, representations, agreements, warranties or undertakings by any
of the parties, either oral or written, of any character or nature, except as stated in this Offer.
This Offer may be altered, amended or modified only by an instrument in writing, executed by
the parties to this Offer and by no other means. Each party waives its future right to claim.,
contest or assert that this Offer was modified, canceled, superseded or changed by any oral
agreement, course of conduct, waiver or estoppel.
\.
IN WITNESS WHEREOF, Grantors have executed this Irrevocable Offer to Dedicate
Main Extension on the day and year and at the place first written above.
~M~
o ert Olsen -
ih:j(~
. derson
'5te. p.'" e V)
(Signatures continued on following page)
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SB 334108 vl:007627.0001
.U8 \058
SB 334108 v1:001621.0001
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081058
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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On JUl'1. Z-~ ?...o03, before me,
Date
personally appeared ~v 'vI
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CHRISTENE GARCIA
_Q)- Cc~mission'1308322
~. Ncta:y Public - Califomla t
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subscribed to the within instrument and
acknowledged to me that he/s~/tMy executed
the sa~~ in his/h.'r/thiir authorized
capacity(i~), and that by hisll).eltJt~ir
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WITNESS my hand and official seal.
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Signature of Notary Public
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Prod. No. 5907
RIlOIder. Call ToI-Free 1-800-876-6827
o 1999 National Notary Aaaociatlon . 9350 De Solo Ave., P.O. Box 2<<12 . Cha_, CA 91313-2<<12 . _.natIonBJnoIary.org
.08l058
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of el "'h1 vaLi 0
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. Date Name and Itle ffi<;9r (e.g., . Ja~oe, Notary Public")
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the same in h~/,her/their authorized
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signature(s) on the instrument the person(s), or
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o 1999 NatlonaJ Notary Ala_lion. 8350 De Solo Ave., P.O. Box 2402 . Chatawor1h, ell 81313-2402 . www.nalionalnotary.org
Prod. No. 5807
Reorder: Call Toll-Free 1-800-876-6827
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06.1' 05.8
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of EJ bar-ado
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On j v\~ 7.. ~. 2003 ,before me, LJ" V1. tr\-{,y\( ~.~
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
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to be the personM whose name(15 is/a,e
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capacity(iegf. and that by his/~r/thiir
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Place Notary Seal Above
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OPTIONAL
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Description of Attached Document
Title or Type of Document: J-vV".e Vl)(' .A-lal~ O~ .+0 ~ rn::t"\II -e~~
Document Dat~) ll1 0} 8' eJ 0 0 3 Number of Pages: (.p
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Signer Is Representing:
o 1999 National NoIary AssocIation. 9350 De Solo Ave., P.O. Box 2402 . Chatswor1h, CA 91313.2402 . www.ll8lionalnotary.org
Prod. No. 5907
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On ~ \u \'1 {}l - ('110'3 , before me,
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personally appeared \ ~ D be..{-\-
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Name(s) of Signer(s)
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capacity(i~), and that by his/~r/ttfeir
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CrlRISTENE GARCIA
a, CC~:Tlission.1308322 z
~ .... Nc:ary Public - California ~
J ~ UNl"'" EI Dorado County
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WITNESS my hand and official seal.
fu~~~ Got.fw^-.;
Signature of Notary Public
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OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: -:! rv-e \/()CAble.. u~ To riJcl1.ca-\e met \ V\ €x+.
Number of Pages:
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RIGHT THUMBPRINT
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Signer Is Representing:
C 1999 National NolaI)' _lion' 9350 De Solo Ava. P.O. Box 2402. ChalsWOOh, CA 91313-2402' www.na_ry.org
Prod. No. 5907
Reordaf: C811 ToI-Fl8ll t -800-976-6827
08/08/2003.20030081058
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To: EI Dorado County
Recorder-Clerk's Office
360 Fair Lane
Placerville, CA 95667
From:
.JAN 2 ~ 2003
WILLIAM ~E. S. CHU~ TZ Ri6~dF!~f'erk
~ ,rw~
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Cindy and Steve AnL:~
3629 Memory Lane ~
South Lake Tahoe, CA 96150
NOTICE OF EXEMPTION
Activity Title: South Upper Truckee/MemoryLane Water Main Extension
Location -- Specific: South Upper Truckee Road starting approximately 50 feet north of the
intersection at Morton Drive. Approximately 1,566 lineal feet of water main with four one-inch
services to the following properties, AJlN 036-392-051, APN 036-401-02, APN 036-462-10 and,
APN 036-462-08. The water main alignment parallels the paved roadway within the public right of
way.
Location -- County: EI Dorado County.
Description of Activity: The above described properties were utilizing private wells for drinking,
bathing and irrigation. The El Dorado County Environmental Management Department tested the
wells and found arsenic readings of up to 168 ppb, over 16 times the maximum contaminant level.
\., Ingestion of arsenic may cause skin, bladder, and/or lung cancer. In addition recent studies indicate
arsenic may be associated with and increased risk of high blood pressure and diabetes. Therefore,
the Tahoe Regional Planning Agency (TRP A) and the EI Dorado County Department of
Transportation (DOT) provided expedited review and issued permits on 08/27/2002 and 09/10/2002
respectively for this water main extension 50 that it could be completed before the lrf15/2002
building cut-off date for the Tahoe Basin. In addition, the California Regional Quality Control
Board, Lahontan Region, waived a report for waste discharge for the project,
The project includes: installation of 1 ,566 lineal feet of 8" diameter water main pipe; installation of
four 1" diameter water services from new water main to property line; installation of three fire
hydrants (two along the main and one at the end of the main); removal and replacement of
approximately 500 square feet of asphalt; all work is according to TRP A, STPUD and DOT
standards.
Name of Public Agencies Approving or Carrying Out Activity: TRP A and DOT
Exempt Status:
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x Emergency Project. P.R.C. ~21080(b)(2) and (4); ~15269(b)
x Statutory Exemption. P.R.e. ~21080.9.
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Reasons why activity is exempt: On the basis of an initial environmental evaluation, the TRP A
finds that the above-described activities will not have a significant effect on the environment. In
addition, the EI Dorado DOT finds that this project is statutorily exempt from CEQA pursuant to
P.R.C. g21 080(b )(2) and (4) (Cal. Code of Regs. ~ 15269(b)) because it is an emergency water main
extension to maintain service essential to protect the public health safety or welfare. Finally, the
project is exempt because it is a right-of-way pipeline extension ofless than one mile in length. (See
P.R.C.g21080.21.)
Lead Agency Contact Person: David Friestad (DOT) Telephone: (530) 573-7902
Title: Assistant in Civil Engineering
Applicant(s):
SignatureA rYd?taxcb~:
.ex:Cl
Signature:. ~./~e:
S eve Anderson
/- 9-(J$
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Signed by Public Agency
x Signed by Applicant
Date received for filing by County Clerk:
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P.R.C. ~21080. Division application to discretionary projects; nonapplication; negative
declarations; environmental impact report preparation
(b) This division does not apply to any of the following activities:
(2) Emergency repairs to public service facilities necessary to maintain service.
(4) Specific actions necessary to prevent or mitigate an emergency.
Cal. Code of Regs. ~15269. Emergency Projects
The following emergency projects are exempt from the requirements ofCEQA. . . .
(b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service
essential to the public health, safety or welfare.
P.R.C. ~ 21080.21. Application of division to public right-of-way pipeline projects less than one
mile in length
This division does not apply to any project of less than one mile in length within a public street or
highway or any other public right-of-way for the installation of a new pipeline or the maintenance,
repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing
pipeline. For purposes of this section, "pipeline" includes subsurface facilities but does not include
any surface facility related to the operation ofthe underground facility.
152~2. Other Statutory Exemptions
(1) The installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an
existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the
project does not exceed one mile in length.
3
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
South Tahoe Public Utility District
c/o Gary M K vistad
HATCH AND PARENT
21 East Carrillo Street
Santa Barbara, California 93101-2782
THIS SPACE RESERVED FOR RECORDER
ONLY
(Gov. Code 27361.6
CERTIFICATE OF ACCEPTANCE
TillS IS TO CERTIFY that the interest conveyed by the Irrevocable Offer to Dedicate
Main Extension dated tJd / G~ . 2003, to the South Tahoe Public Utility District (District), a
governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the District
pursuant to authority conferred by resolution of the District's Board of Directors adopted on _
{')C:!-: /? . 2003 and the District consents to the recording of this Certificate of
Acceptance by its duly authorized officer o~,~.
Dated: Dd- I L. . 2003 -.I
~: R. Jones, Board Pr sident
f Tahoe Public U i' District
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SB 334108 vl:007627.0001
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