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Resolution 2729-01 - 1 '- 2 3 4 5 6 7 8 10 11 12 13 '- 14 15 16 17 18 19 \., RESOLUTION NO. 2729-01 RESOLUTION OF NECESSITY OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT FOR ACQUISITION OF PROPERTY BY EMINENT DOMAIN FOR USE IN CONNECTION WITH RECYCLED WATER FACILITIES RECITALS WHEREAS, the South Tahoe Public Utility District (District) is preparing a Recycled Water Facilities Master Plan (Master Plan) for its recycled water operations located in Alpine County, 9 California; WHEREAS, the District has determined that there is a pressing current need for additional land to provide for the management of recycled water because: (i) existing recycled water use contracts may expire as soon as 2008, (ii) recycled water flows will continue to increase, (iii) a reliable and effective emergency disposal site is needed to replace the existing emergency disposal site, and (iv) semi-urban development is encroaching on land currently receiving recycled water; WHEREAS, the District needs additional surface water rights to support beneficial uses ofIndian Creek Reservoir and to comply with the Phosphorus Total Maximum Daily Load proposed by the Regional Water Quality Control Board, Lahontan Region; WHEREAS, the District has surveyed and considered several properties in the direct vicinity of its existing recycled water facilities to determine which property(ies) satisfies the needs of the District 20 identified in the Master Plan; 21 WHEREAS, the property that best satisfies the needs of the District for its recycled water 22 operations is generally described as approximately 1,442.92 acres of real property owned by F. Heise 23 Land & Livestock Company, Inc., and located on both sides of Diamond Valley Road east of State 24 Highway 89, directly north of Harvey Place Reservoir, in Alpine County, California. The legal 25 description and a map of the property are attached hereto as Exhibits A and B, respectively, and 26 incorporated herein by this reference (property); 27 WHEREAS, The District is a public utility district formed under the provisions of the Public 28 Utility District Act. (Pubic Utilities Code ~ 15501 et seq.) Public Utilities Code ~ 16404 provides that a district may exercise the right of eminent domain to take any property necessary or convenient to the Resolution No. 2729-01 Page 2 1 exercise of the powers granted in this division; 2 WHEREAS, the District has the statutory power to acquire, construct, own, operate, control, 3 or use, within or without. . . the District, works for supplying its inhabitant with light, water, power... 4 or means for the disposal of garbage, sewage, or refuse matter, and may do all things necessary or 5 convenient to the full exercise of such powers (Pub. Util. Code ~16461.). Furthermore, the Porter- 6 Cologne Water Quality Control Act (Water Code section 13000, et seq.) ~ 13951 requires the District 7 to transport its treated wastewater outside the Lake Tahoe water shed which is also outside of the 8 District's boundaries. Therefore, in accordance with California Code of Civil Procedure ~ 1240.050, the 9 District has the power and legal authority to acquire extraterritorial property by eminent domain because 10 such power is necessarily implied as an incident of the District's statutory powers; 11 WHEREAS, in accordance with California Code of Civil Procedure ~ 1240.125 the District has 12 the power and legal authority to acquire extraterritorial property by eminent domain for water, drainage 13 or sewer purposes because it is authorized to acquire property by eminent domain for the such purposes; 14 WHEREAS, the Property is sought to be acquired for use in connection with the District's 15 authorized activity of exporting treated wastewater; 16 WHEREAS, on October 1, 2001, the District offered to purchase the property from the owner 17 pursuant to Government Code Section 7267.2 for just compensation as determined by an appraisal 18 prepared on behalf of the District. 19 WHEREAS, the District has found that acquisition of the Property will not have a significant 20 effect on the environment and accordingly, in compliance with the California Environmental Quality Act 21 ("CEQA"), on November 1, 2001 adopted a negative declaration with respect to acquisition of the 22 Property; 23 WHEREAS, on November 16, 2001, the District mailed a Notice of Intention to adopt a 24 Resolution of Necessity for acquisition by eminent domain of the Property to all persons whose names 25 appear on the last Equalized Alpine County Assessment Roll as having an interest in the Property and to 26 the agricultural lessee of the Property advising those persons of the right to appear and be heard on the 27 matters referred to in the notice on the date and at the time and place stated in the Notice. Copies of the \., 28 notices are attached as Exhibits C and D, respectively, and incorporated by this reference; and, \., \. 1 \., 2 3 4 5 6 7 8 9 10 11 13 14 ~ 15 \., Resolution No. 2729-01 Page 3 WHEREAS, on December 6, 2001, the Board of Directors of the District (Board of Directors) conducted a public hearing to consider adoption of the Resolution of Necessity to authorize acquiring the Property by eminent domain pursuant to Code of Civil Procedure ~ 1245.220, et gg. NOW, THEREFORE, it is found, determined and resolved as follows: 1. The recitals set forth above are true and correct and are incorporated herein by this reference as though set forth in full. 2. The offer to purchase the Property required by Government Code ~ 7267.2 was made to the owner of record in full compliance of the requirements of this code section. 3. The District sent proper and timely notice of this hearing to the owner of record in accordance with Code of Civil Procedure ~ 1245.235. A similar notice was also sent to the holder of the agricultural lease for the Property. The owner and lessee did file a written timely request to appear and 12 be heard by the Board of Directors at the hearing. 4. The Board of Directors of the District allowed all interested persons to appear and be heard, weighed and considered all oral and written statements, writings and other information submitted by those persons having a right to be appear and be heard and from the District staff, consultants and 16 legal counsel. 17 5. The District intends to acquire the Property for use in connection with its recycled water 18 operations located in Alpine County, California. 19 6. The District has authority to acquire the Property by eminent domain pursuant to Article 20 I, ~ 19 of the California Constitution, California Public Utility Code ~ 16404, and California Code of Civil 21 Procedure ~~ 1240.050 and 1240.125. 22 7. The District has the statutory authority to acquire, construct, own, operate, control, or 23 use, within or without. . .the District, works for supplying its inhabitants with light, water, power. . .or 24 means for the disposal of garbage, sewage, or refuse matter, and may do all things necessary or 25 convenient to the full exercise of its powers. Furthermore, the District must transport its treated 26 wastewater outside the Lake Tahoe watershed which is also outside of the District's boundaries. 27 Therefore, the District has the implied power and legal authority to acquire by eminent domain 28 extraterritorial property for such purposes. Resolution No. 2729-01 Page 4 1 -..., 2 3 4 5 8. The Property includes surface water rights which are needed by the District to support beneficial uses ofIndian Creek Reservoir and to comply with the Phosphorus Total Maximum Daily Load proposed by the Regional Water Quality Control Board, Lahontan Region. Therefore, the District has the power and legal authority to acquire by eminent domain extraterritorial property for such purposes. 9. The District has fully complied with all provisions of the California Environmental Quality 6 Act ("CEQA") for acquisition of the Property. 7 10. The District has fully complied with all conditions and statutory requirements necessary 8 to exercise the power of eminent domain to acquire the Property. 9 11. The Property is being acquired by eminent domain for public uses to provide for 10 emergency and non-emergency recycled water disposal in Alpine County including, but not limited to, 11 artificial wetlands, enhanced wetlands with return pumping to Harvey Place Reservoir, infiltration basins 12 and flood/sprinkler irrigated crops and to provide water rights transferable to Indian Creek Reservoir to 13 improve beneficial uses of the reservoir. 14 12. The public interest and necessity require the Property to satisfy the District's current and ~ 15 future needs for emergency and non-emergency recycled water disposal in Alpine County including, but 16 not limited to, artificial wetlands, enhanced wetlands with return pumping to Harvey Place Reservoir, 17 infiltration basins and flood/sprinkler irrigated crops and to provide water rights transferable to Indian 18 Creek Reservoir to improve beneficial uses of the reservoir. 19 13. The Property is necessary because the District must provide for its current and future 20 needs for additional capacity for emergency and non-emergency recycled water disposal in Alpine County 21 including, but not limited to, artificial wetlands, enhanced wetlands with return pumping to Harvey Place 22 Reservoir, infiltration basins and flood/sprinkler irrigated crops and to provide water rights transferable 23 to Indian Creek Reservoir to improve beneficial uses of the reservoir. 24 14. The District currently transports recycled water through its existing pipeline facilities into 25 Alpine County and into District facilities which are adjacent to the Property. Therefore, the Property can 26 be utilized by the District with the least disruption and public expense. Additionally, the slope and soil 27 characteristics of the Property are ideally suited for the District needs. The property meets the needs of '-" 28 the District better than the alternative properties considered by the District. Therefore, acquisition ofthe Resolution No. 2729-01 Page 5 ... 1 Property for public use is planned or located in the manner that will be most compatible with the greatest 2 public good and the least private injury. 3 4 15. The District's legal counsel, Hatch and Parent, is authorized and empowered: a. To acquire in the name of the District, by eminent domain, the Property in 5 accordance with the provisions ofthe California Eminent Domain Law and the Constitution of California; 6 7 b. To acquire the Property in fee simple absolute; To prepare and prosecute in the name of the District such proceedings in the c. 8 proper court as are necessary for acquisition of the Property; and 9 d. To perform and take all other actions as reasonable or necessary to acquire the 11 12 13 \r 14 15 10 Property by eminent domain. 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 held on December 6,2001, by the following vote: AYES: Directors Schafer, Jones, Wallace, Mosbacher NOES: None 16 ABSTAINED: Director Strohm J'}UJAAD L)~ Duane Wallace, President South Tahoe Public Utility District 17 18 19 ~r;~~~~Ar 20 Executive Secretary South Tahoe Public Utility District 21 22 APPROVED AS TO FORM: 23 HATCH and PARENT 24 25 BY~~stad, General Cou~~~l~- 26 ~ ....... 27 Attachments: Exhibit A - Legal Description of Property Exhibit B - Map of Property 28 Exhibit C - Letter to F. Heise Land and Livestock Company, Inc., and Exhibit D - Letter to William Weaver and Eddie R. Snyder 11/26/01 11:31 FAX 805 965 4333 Hatch and Parent [4]002 \., LEGAL DESCRIPTION I I i; " I: Parcel !lI. ParcelstlA, B) and C as shown on that certain Parcel Map filed June 21, 1983 in the Office of the CountyilRecorder of Alpine County, California in Book 2 of Maps, at Page 14, as modified by a Record'fpf Survey for a Lot Line Adjwtment filed December 21,2000 in the Office of the County Record~r of Alpine County, California., in Book 4 of Maps, at Page 19l. .\ Parcel riis currently identified by Assessor's Parcel Numbers 01-080-56, 01-080-80, 01-080-81 and 01-080-82. . \., " "i Parcel ~ ,I SoutheJt quarter of the Southeast quarter of Section 25, and all of said Section 36 in Township 11 Nortli;, Range 19 East, M.D,B.&M. \ \ ExceptiJg from said Section 36, the South half of the Southwest quarter. .' ExceptiJg from Parcel 2 any portion. within Parcels A, B, and C as shown on that certain Parcel Map filed Jun 21. 1983, in the Office of the County Recorder of Alpine County, California in Book 2 of.Parcel Maps, at Page 14. '! Also exc~pting from Parcel 2, that portion acquired by the South Tahoe Public Utility District by Final Or~er of Condemnation entered in Case No. 77480, in the Superior Court of Placer County, State of <Ealifomia, a certified copy ofwmch was recorded August 1, 1990 in Bool<: 69 at Page 500, Offi~ial Records. . ~ Also exc~ting from said Parcel, the Parcel conveyed to the County of Alpine by Road Deed in Book G of Official Records at Page 300, said Road Deed contains a reversionary clause. t' (Assessor;is Parcel Number 01-080-60) Parcel 3; :j p , Lot 4, the ~outheast quarter of the Southwest quarter and the Southwest quarter of the Southeast quarter oflSection 30 of Township 11 North, Range 20 East, MD.B.&M., Alpine County, Caliform<4; 1\ \ (Assessor~~ Parcel Number 01-200-01) ~ " ~ SB 281590 vi: ~'627.009g \ EXHIBIT A 11/26/01 \., \., \.., 11:31 FAX 805 965 4333 Hatch and Parent [4] 003 " " . \ ", " ~ Parce~ 4 J All of $ectioD. 31, excepting therefrom the South half of the Southeast quarter, in Township 11 North, ~ange 20 East, M.D.B.&M. " I; Also e*epting from Paxce14, that portion acquired by the South Tahoe Utility District by Final Order cirCondemnation entered in Case No. 77480, in the Superior Court,ofPlacer County, State ofCalifPmia, a certified copy of which was recorded August 1, 1990 in Book 69 at Page 500, Officia1\ Records. ;'i Also eJepting from Parcel 4, the Par~el conveyed to the County of Alpine by Road Deed in Book GI~f Official Records at Page 300, said Road Deed contains a reversionary clause. :1 (AssessOr's Parcel Number 01-200-11) ,\ il Parcel ~ I " ,i Northwt$! quarter of Section 32, Township 11 North, Range 20 East, M.D.B,&M. I , Also exc;epting from ParcelS, that portion acquired by the South Tahoe Utility Di~trict by Final Order of Condemnation entered in Case No. 77480, in the S.uperior Court of Placer County, State of Califott.lia, a certified copy of which was recorded August 1> 1990 in Book 69 at Page 500, Official ~ecords. I Also exc~ting from ParcelS, the Patcel conveyed to the County of Alpine by Road Deed in Book G df Official Records at Page 300, said Road Deed contains a reversionary clause. , (AsSessol!ts Parcel Number 01-200-10) " 'I rl " 'I !.~ ~ SB 281590 vI: ~7.0099 :, '\ 11/26/01 11:3 FAX 805 965 4333 ~ ~ \., Hatch and Parent " '. . (Is", ..... I . t... ~,.. ~ ~ I...i Ch ;p iii - . I~ ~ ~ti) J@~ '.. J , a J@ I I ~ ~ ~_LJ~_ ~f I ~ c . ...,' ri~ i' -. ~ .' -f~ _.. j ........ " j r~ jr-'/ . 1"') I~ -1-_ . I ~.. -L_ .. !l3) .. ~ .. :8 @ ~ Ii - - it -. , . "'...,............ . , ,- I <. I ~ tIS Q ..fT! ~ I ,;,'I I.~ &. .,= ~~:t. Iii :e ~ o jI, " 14; . . . -.' " r-'I . EXHIBIT B [4]004 .~ tf.l l:I;j r;I,l rI.:l o ::c ~ "'cl ~ (") ~ e 11/26/01 11:31 PAX 805 965 4333 :\ , , Hatch and Parent [4] 005 \., ,; 5T ANI-EY c:. HA'rCH : ~ e;EM~1) J. '.AM ,; s. TIMO'THY BUYIlAK ': SIJSAN f, PET~VlCH :: pa~ N. IflOWN 5TAt-ILrf M, RODEN . SCOTT S. SLAm ;. ST;\IfN ... ""'eIlJWIBt CAAY IUVlSTAD ': CHRISTCPlial A. JACQIs Jffl'lIrl' ". C1IlION " I JEFFERY H. SPEICH : ao&tillT J. WiPSTElN ~ LOP.! lElNl! PURY JOSEf O. HOUS!<A I SAMHJ. KNEOfT ' " mPliANIE OIID. ~IN~ IMIlL.E'f E. llJNDCftEN DEIOMI1 L. MMTIN ~1C1lw.E L. PICKETT ROBIN L. LEWIl TIMOTHl' c:. HAL.E C_ II. L'TOI<S IoIICHAfL T. P1Ft IIIND'f ... IIiOLff CAAOLI'N l. TROJCEY M.\llCAUT H. IfllSl1 Rus.lELL M. I4cGL07HUN S'Tl\ID4 ... JUN e; TINA WAl.W "~~lS PAltA)oIlOes Eflle;~. TDKUYAMA KENNrTli ~ IlJQiAAOSO N l.AW OFFICES HATOH AND PARENT A PROFESSIONAL CORPORATION OrCCll/"...1 CHillS FU.HI.I KIRK [l. WIl.SON 5TF.V9Il. HCCH C<CRCE SItOR'!' .lI'NA.ClIEIE/II SIIN OIECO 110 WEST C STREiT, SUITe 2200 SAN DIEGO, CA 92101 TaEPHON~ (619)7024i100 SOUTH LAJ<ETAHOE THE SUMMIT SOUTH LAKE TAHOE. CA 96150 TELEPHONE: (530) 542.7800 LOS ANCELES 1 1911 SAN VICENTE 8l.VD. SUITE 350 LOS J.NCELES, CA 90049 TELEPHONE: (310) 440-9996 MAILING ADOIHS5: POST OFFICE DRAwn 720 SANTA 8AP\6ARA, CALIFORNIA 93102'0720 21 EAST CARRILLO STREET SANTA BAItIARA. CALI FO RNIA 93101.2782 TELEPHONE: (80S) 963.7000 FACSIMILE: 1'05) 965''1333 WWW.HATCHPAII.ENT.COLl ItEVIPlJ.Nmi 19S9. 1919 November 16,2001 OUR FILE' DIJl.ECT DIAL.- I MTtIlN ET: 7627.99 (805) 882-1414 Gk:vistad @HatchParent.com " :i Mr. Clrorence Burr, President F. Heis~ Land and Livestock Company, me. P.O. B~* 941 Minden~ NV 89423 t Dear Mf~ Burr: Via Express Mail /::.l- 7;; y 97 9 ~~l., U~ R.e: Notice of Intention of the South Tahoe Public Utility District to Adopt Resolution of Necessity .. This .firm represents the South Tahoe Public Utility District (District). The Board of W Directo~ of the District intends to consider adoption of a Resolution of Necessity on December 6, 2001,!at a meeting of the District's Board of Directors. If the Resolution of Necessity is adopted,i it will authorize the District to acquire the property described below (property) by eminent;ijomain. The Property is being considered for acquisition in connection with the District't recycled water operations which are located adjacent to the Property in Alpine County California (project). Our Preliminary Title Report and the records of the Alpine County Assessof s Office show you to be the owner of record of the Property. ; \ lhe PropertY is generally located on both sides of Diamond Va11eyRoad, approximately 500 feet ~ast of State Highway 89 in Alpine County, California. The Property consists of eight contigu9~s parcels described as Assessor Parcel Numbers 01-080-56,01-080-60, 01-080-80,01- 080-81, ~1-080-82, 01-200-01,01-200-10 and 01-200-11 and encompasses approximately 1 ,422.921 acres. The legal description and a map identifying the Property are attached to this letter. :1 ~u are hereby notified that the Board of Directors of the District, at a regular meeting to be held ern Thursday, December 6, 2001 at 2:30p.m., or as soon thereafter as the matter maybe heard, atfhe City of South Lake Tahoe City Council Chambers located at 1900 Lake Tahoe Boulevafd, South Lake Tahoe, California, will hold a hearing on whether such a Resolution of Necessitj- should be adopted as required by California Code of Civil Procedure, section 1245.220 for comr4encement of an eminent domain proceeding to acquire the Property. I ~ SB 281.515 vl:~Do7627.01015 . ~ I' J EXHIBIT C 11/26;01 11:31 FAX 805 965 4333 , Hatch and Parent [4]006 \., U Mr. Clar~ce BurT, President Novemb~r 16, 2001 'I Page 2 ~ H ': 'I ~bu are further hereby notified that you have the right to appear and be heard before the Board ofbirectors of the District at the above scheduled hearing on the following matters: ,\ ;~ " 1.~ Whether the public interest and necessity require the Proiect: 2.,' Whether the Project is olanned or located in the manner that will be most compatible with the greatest public good and the least private iniury: 3.:' Whether the Property is necessary for the Pro; eet: and. 4.'1 Whether the offer recuired by section 7627.2 of the Government Code has been made to the owner(s) of record. At.opy ofllie Resolution of Necessity will be available, upon your request, for inspection at the offi~e of the Clerk of the Board at the below described address seven (7) days after this notice is ~ailed and prior to the hearing at the place of the hearing. If You wish to appear and be heard on any of the above listed matters, you must file a " written ret'iuest to appear and be heard on or before 5:00 p.m. on December 1, 2001, by filing or delivering1a written request to: ' \.,. Kathy Sharp, Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe. Ca 96150 y ~ failure to file a written reauest to appear and be heard by 5:00 p.m. on December 1. 2001. will~esult by operation oflaw in a waiver of your right to appear and be heard at the above described bearing on this matter. Should YOU elect to mail your request to apnear and be heard. it must be actually received by the Clerk of the Board for the District by the above described date. \..,. sa 181515 vi: OO~27.0106 ~ \., \.., 11/26/01 11:3~ FAX 805 965 4333 Hatch and Parent [4]007 ., k Mr. Clatence Burr, President ~ Novemtier 16,2001 h Page 3 " this notice is not intended to foreclose further negotiations between you and the District for the c;pmpensation and other terms for acquisition of the Property. The Distriot continues its intent tdlmake every reasonable effort to acquire the Property by negotiation rather than by litigatio~ in the form of an eminent domain proceeding. I i I GMK:aa1 ;;;';iI-J Gary M. K vistad For HATCH AND PARENT ! cc: ~bert G. Baer, General Manager ./ aal Bird, Land Application Manager ~ d. David Robertson, Esq. a...- ~ , Enclos~: Map of Property and legal description I I 'I i 59281515 vl:'07627.0106 .; 1 . I~ 11/26/01 11:3~ PAX 805 965 4333 Hatch and ,Parent ~008 '-' ~ \., " " " " !i PROOF OF SERVICE .( " ~ am a resident of the State of California, over the age of eighteen years, and not a party to the witlk action. Mybusiness address is 21 East Carrillo Street, Santa Barbara, California 93101. bn November 16,2001, I served the within documents: J Notice of Intention of the South Tahoe Public Utility District to Adopt Resolution of ~ ecessity " 8 , ':0 D by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p,m. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Santa Barbara, California addressed as set forth below. w by causing delivery by Express Mail of the document(s) listed above to the person(s) at the addressees) set forth below. D by personally delivering the document(s) listed above to the person(s) at the addressees) set forth. below at approximately 12 noon Mr. Clarence Burr, President F, Heise Land and Livestock Company, Inc. P.O. Box 941 Minden, NV 89423 Via Express Mail (State) I declare under penalty of peIjury under the laws of the State of California that the above is tIUe and correct. Executed on November 16, 2001, at Santa Barbara, California. ~ :J ~ :J 11/26/01 11:32 PAX 805 965 4333 . ., .. Hatch and Parent [4]009 '-' I . l.. ~... t; ,... ~ I~I ~ ..... O'l ;-l ~ - - ..:~ ID ~ r- > ~ I I " I~ ~ J~ :t ~ '~ ~ ;~ tI.l I .@~ l':'-l i' 0 , ~ '-' _t_ I I e~ l:I.2 i., .' L ;~ -it: ~ :d ~ __ .-1-- "'~ I . 0" :zS ~ ~ . " !< ~ ~ ~ . -i~-..-, ., !'" '" e . J ,.' f I r/ @ ~ ~ ~e . I (-.I I) , '\ m t 1"1 _. I , \. "- - 1 .:~ ... ........ \' ..I ....., . I 7. I I _....__J ~ "' I ~ Q ..~ .111 ali :: , ---- ~ J"" ~ 1IIl:. ~ - Q :9 ;ri :II ~ iii p ~~I ~ G" II,. ~ " . . " . III t:\ \. 11/26/01 \., '" \.., 11:32 FAX 805 965 4333 If , ., Hatch and Parent @010 LEGAL DESCRIPTION I, ,: Parcel h I~ I Parcels~A, B, and C as shown on that certain Parcel Map filed June 21, 1983 in the Office of the CountY1Recorder of Alpine County, California in Book 2 of Maps, at Page 14, as modified by a Recorcl.J.of Survey fOT Q Lot Line Adjustment filed December 21,2000 in the Office of the County Record~r of Alpine CountyJ California. in Book 4 of Maps, at Page 191. ., .1 Parcel ~ is currently identified by Assessor's Parcel Numbers 01-080-56, 01-080-80, 01-080-81 and Ol..paO-82. ' , " Parcel i " '1 ~! Southea1,St quarter of the Southeast quarter of Section 25, and all of said Section 36 in Township 11 Nor$, Range 19 East, M.D.B.&M. I .., Excepti~g from said Section 36, the South half of the Southwest quarter. '; ~ I Excepnpg from Parcel 2 any portion within Parcels A, B, and C as shown on that certain Parcel Map fil~d Jun 21, 1983, in the Office oithe County Recorder of Alpine County, California in Book 2 ~fParcel Maps, at Page 14. " { Also ex~epting from Parcel 2, that portion acquired by the South Tahoe Public Utility District by Final Otider of Condemnation entered in Case No. 77480, in the Superior Court of Placer County, State O~California, a certified copy of which was recorded August 1J 1990 in Book 69 at Page 500, Omcial Records. . " I: Also ex4epting from said Parcel, the Parcel conveyed to the County of Alpine by Road Dew in Book GbfOfficial Records at Page 300, said Road Deed contains a reversionary clause. ~ (Assessqr's Parcel Number 01-080-60) ~ Parcel ~ i . Lot 4, tHe Southeast quarter of the Southwest quarter and the Southwest quarter of the Southeast quarter dfSection 30 of Township 11 North, Range 20 East, M,D,B.&M., Alpine County, California. ,1 (ASSesS+'S Parcel Number 01-200-01) ,I i I Ii 1 , 1~ SB 281S~ vl~007627,Oll9' '" \., \w 11/26/01 [4]011 11:32 PAX 805 965 4333 ~ :j , r: I: , ; ~ :, 'i ~ Parcel ~ " , ~ All of~ction 31, excepting therefrom the South half of the Southeast quarter, in Township 11 North, ttange 20 East, M.D.B.&M. . ~ Also e~epting from Pm-eel 4, that portion acquired by the South Tahoe Utility District by Final Order elf Condemnation entered in Case No. 77480, in the Superior Court of Placer County, State of Califurnia., a certified copy of which was recorded August 1, 1990 in Book 69 at Page 500, o fficial1 Records. Hatch and Parent \ Also e~tepting from Paree14, the Parcel conveyed to the County of Alpine by Road Deed in Book Glof Official Records at Page 300, said Road Deed contains a reversionary clause. , ~ 'f (Assess~r's Parcel Nwnber 01-200-11) '. V Parcel $ J Northw~st quarter of Section 32, Township 11 North, Range 20 East, M.D.B.&M. 'f Also ex~epting from ParcelS, that portion acquired by the South Tahoe Utility District by Final Order ofCondemna.tion entered in Case No. 77480, in the Superior Court of Placer County, State ofCa1i~mia, a certified copy of which was recorded August I, 1990 in Book 69 at Page 500, Officia1~!Records, ~ 'I Also ex~epting from ParcelS, the Parcel conveyed to the COWlty of Alpine by Road Deed in Book G~of Official Records at Page 300, said Road Deed contains a reversionaI}' clause. 1 ,/ . (Assess~r's Parcel Number 01-200-10) ;1 " ,1 " i ~ " t, ,. I' ~ SB 281S90 vW 007627,0099 ij " ,r ;! ,; -. I; 11/26/01 11:32 FAX 805 965 4333 ./ \r \., '-' " ,. i' !rrANl.E:V C. ~TCH '. l;EAAl.O B. 'MENT t S. 11IotOTHY IVYNAK .; SUSAN P. PETROVICH i; PIITER W. BIlOWN STANLEY ~ IIOO!.H 1 SCOTTS. SLATE'il " STEIIEN.... AIAEIlIO(AN& I eMY lot. K\/l5TAll I CHRISTOPHEl.. JACOjlS JEfFAEY.. OINKlN :i JEFFERY H. SPEICH ~ U ROIERT J. s.o.l'WTEI't L.ORl LEWIS 'WY : JCJ;EF C. ~OUSI<A .' ., SAlAH J. KNECHT I . STEPHANlr OSLliR "~r"'CS ., J Willi~ Weaver Eddie ~ Snyder I. 2535 State Route 338 Wellin,on, NY 89444 :' tIlAO\tI' E. LUNCCREN C_I1L.......T'''' "!IQiELU: L PIC~m 1lO1l'" L. L.lWI5 11 IAQ'TllY C. MAlE CIIAHAIolIA. LYONS MIQi~ T. FlPl IAINDY A. W(l~ft CMOLYfI L TROKET ~WH.IAISIl lUSSELL M. M<CLOTHLIN' STWEI4 "'JUNC TINA WAWS ~1ItS 'ANANI0E.5 ~c "!. TOIWYAM,o. KENNETltJ.IUCHARllroN Re: Hatch and Parent [4]012 lAw OFFICES HATCH AND PARENT A P~OFESSIONA~ CORPORATION LOS AN CiEI.ES 11 g, 1 S"'N VICENTE BLVO. SUfn 3S0 LOS ANCiEl.E5, c... 900~9 TELEPHONe: (3 I 0) ~~0-9996 01 C""'''I CHRIS FllAHIA KIR~ It.. WIlSON STEIIEN L. I10CH CEOR!;E SHOIlT JAM A. C;RQf\II SAN DIECO 110 wesT C ST~EET'. SUITE 2200 SA/'l OIE(jO. CA 921 01 TfLEPI10NE: (619) 702,6100 "'AILINC ADDIlESS: POST OFFICE DAAWER 720 SANTA BARBARA. CALIFORNIA 93102-0720 :I 1 EAST CAR.RIUO STREET SANTA BARBARA, CALIFORNIA 9310 1.27B2 TELEPHONE: (BOS) 963-7000 FA.CSIMII.E; (805) 965'4333 WWW.HATCHPARENT.COM IClIIINj.NWE liSi.\!l!l9 SOUTI'lI.AKn~HOE THE SUMMIT SOUl}t I..lKETAHOE. CA 96150 TelEPHONE: (530) 542.7&00 " November 16, 2001 OUR FILE II OIRECT OIAL II INTERNET: 7627.99 (805) 882-1414 Gkvistad @HatchParent.com Via EXDress Mail EL724979630US Notice of Intention of the South Tahoe Public Utility District to Adopt Resolution of Necessity .1 ;1 Dear Mf. Weaver and Mr. Snyder: :; this .firm represents the South Tahoe Public Utility District (District). The Board of Directois of the I>istrict intends to consider adoption of a Resolution of Necessity on December 6, 2001~ at a meeting of the District's Board ofDirectoIS. If the Resolution of Necessity is adoptedt it will authorize the District to acquire the property described below (property) by .eminent; domain. The Property is being considered for acquisition in connection with the .1 District~fS recycled water operations which are located adjacent to the Property in Alpine County Califoniia (project). Our appraisal of the Property indicates that a lease exists on all or a portion ~ of the Property and that you are the lessees under the lease. !: ,} The Property is generally located on both sides of Diamond Valley Road, approximately 500 feet1 east of State Highway 89 in Alpine County, California. The Property consists of eight contigu4us parcels described as Assessor Parcel Numbers 01-080.:56, 01-080-60, 01-080-80, 01- 080-81,!~H-080-82J 01-200-01, 01-200-10 and 01-200-11 and encompasses approximately 1,422.91, acres. The legal description and a map identifyiD.g the Property are attached to this letter. ;, I; 01 t ou are hereby notified that the Board of Directors of the District, at a regular meeting to be held ~n Thursday, December 6, 2001 at 2:30p.m., or as soon thereafter as the matter may be heard, at the City of South Lake Tahoe City Council Chambers located at 1900 Lake Tahoe Boulevard, South Lake Tahoe, California, will hold a hearing on whether such a Resolution of ~ NecessiW should be adopted as required by California Code of Civil Procedure, section 1245.220 for cOrrubencement of an eminent domain proceeding to acquire the Property. 'I I: ;1 SB 281565 yl~: 007627.0099 I' EXHIBIT 0 11/26/01 11:32 FAX 805 965 4333 , , ~ Hatch and Parent [4]013 \r '-' \." ,. Williarr1. Weaver Eddie ~ Snyder Novem~er 16, 2001 Page 2 1; 1, jl ~ Whether the public interest and necessity require the Proiect: Whether the Proiect is planned or located in the manner that will be most comnatible with the greatest public good and the least private iniury: t Whether the Property is necessaI)' for the Proieet: 311d. ': ~ 4,. Whether the offer required b~section 7627.2 of the Government Code has been made to the owner(s) of record. . ! . ~ oopy of the Resolution of Necessity will be available, upon your request, for inspection at the office of the Clerk of the Board at the below described address seven (7) days after this notice i~ mailed and prior to the hearing at the place of the hearing. l I l~You wish to appear and be heard on any of the above listed matters, you must file a written ~quest to appear and be heard on or before 5:00 p.rn.. on December 1, 2001, by filing or delive~g a written request to: ,t Kathy ShaIp, Clerk of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, Ca 96150 .[ ~ J Your failure to file a written request to appear and be l1eard by 5:00 p.m. on December 1, 2001. "1~1 result by operation oflaw in a waiver ofvour right to appear and be heard at the above describ~ heating on this matter. Should YOU elect to mail your request to appear and be heard. it must be ~ctua11v received by the Clerk oithe Board for the District bv the above descnoed date. ~ sa 281565 Vl~007627,OO" ~ .1 ,I '" '-' \. 11/26/01 11:33 FAX 805 965 4333 Hatch and Parent [4]014 I " ~ ~ Wi1lia~ Weaver Eddie ~. Snyder Novemier 16,2001 Page 3 :' [, ~ ii ~ The District continues its intent to make every reasonable effort to acquire the Property by nego:~ation rather than by litigation in the form of an eminent domain proceeding. :t I jj;~ Gary M. Kvistad For HATCH AND PARENT ,. \ GMK:~ I , cc: ~obert G. Baer, General Manager ."....... Hal Bird, Land Application Manager .-/ J Enclos~es: Map of Property and legal description " . h k SB 281565 "l~ 007627.0099 " 11/26/01 11:33 FAX 805 965 4333 ~ .. " Hatch and Parent [4] (115 \., if Wi11i~W eaveI' Eddie ~ Snyder Novemijer 16,2001 Page 4 f, .1 I~ " I PROOF OF SERVICE 1 :1 _ I~ am a resident of the State of California, over the age of eighteen years, and not a party to the wi~ action. My business address is 21 East Carrillo Street) Santa Barbara, California 93101. pn November 16,2001) I served the within documents: '1 :10 o GJ \.., I :!O ~ Notice of Intention of the South Tahoe Public Utility District to Adopt Resolution of Necessity by transmitting via facsimile the document(s) listed above to the fax nurnber(s) set forth below on this date before 5:00 p.rn, by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Santa Barbara, California addressed as set forth below. by causing delivery by Express Mail of the document(s) listed above to the person(s) at the addressees) 'set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below at approximately 12 noon William Weaver Eddie R. Snyder .~ 2535 State Route 338 ~, Wellington, NV 89444 I~ i ,; :! H " I' ,I \.- ~ ~ ~ ~ SB 281~6J vl:()07627.oo99 ,/ :1 (State) I declare under penalty of peIjury under the laws of the State of California that the above is true and correct. Executed. on November 16, 2001, at Santa Barbara, California. ~ 11/26/01 11:33 FAX 805 965 4333 " 'i " " ,I ;1 'f , " " " Hatch and Parent \., Iio i I - t.. ~r-. b: ~ ~ :-t - }~. ;G I" ~ .... . (Is'. .." ;;p ... III ..... t" >: ?Q I~ ~ ~ ;@e ~ ~~ .' L' ~, ~~ -- ,-1__ ~~ I 0" :z~ . !:( ~ .' -I~ --, .. /'....... " I I'~ 'j f'-.1 , ,"') ......., . \ l~_ · _t_ ~. !~ ' .. ~ '" tl9 @ m ( \ i " "" - - ]I: I ..... "'.,'-'''i-", ., ") I ..... ",_J I ~ f\li Q ___ _ J" :. ~ .~ ....~ ~s :: ~;lti !i!~ !Si IS It ~ ~ ~ IJ '. ~ A "'. .. " . ~ [4]016 '> (I.) ~ ~ fLl tI'.l o ::c c:I3 ~ ~ t"" ~ \., '-' \., 11/26/01 11:33 PAX 805 965 4333 ~ r Hatch and Parent [4]017 LEGAL DESCRIPTION j ,I Parcel t ~ Parcels}\ B, and C as shown on that certain Parcel Map filed June 21, 1983 in the Office of the County~ecorder of Alpine County, California in Book 2 of Maps, at Page 14, as modified by a Record bfSurvey for a Lot Line Adjustment filed December 21,2000 in the Office of the County Reco!d~ of Alpine County, California, in Book 4 of Maps, at Page 191. ~ Parcell~is currently identified by Assessor's Parcel Numbers 01-080-56, 01-080-80, 01-080-81 and 01-mSO-82, ' :1 I~ " Parcel ~ ., , Southea~t quarter oftb.e Southeast quarter of Section 25, and all of said Section 36 in Township 'I 11 No~ Range 19 East, M,D.B,&M. 'I " Exceptiri~ from said Section 36, the South half of the Southwest quarter. .1 Exceptirig from Parcel 2 any portion within Parcels A, E, and C as shown on that certain Parcel Map filel Jun 21, 1983, in the Office of the County Recorder of Alpine County, California in Book 2 qf,Parcel Maps, at Page 14. \ , Also ex4pting from Parce12. that portion acquired by the South Tahoe Public Utility District by Final Or~er of Condemnation entered III Case No. 77480, in the Superior Court of Placer County. State of0alifomia, a certified copy of which was recorded August 1) 1990 in Book 69 at Page 500. Ombal Records. 'I J II Also excCWting from said Parcel, the Parcel conveyed to the County of Alpine by Road Deed in Book G di Official Records at Page 300, said Road Deed contains a reversionary clause. 'I !I (Assesso?;s Parcel Number 01-080-60) ~ Parcel 3 ~. \~ Lot 4, the~outheast q~arter of the Southwest quarter and the Southwest quarter bfthe Southeast quarter of!Section 30 of Township 11 North, Range 20 East, M.D.B.&M., Alpine County, Californii " \~ ~ (Assessor~s Parcel Number 01-200~Ol) 1\ I ,\ ~ ,. ~ 1\ 9 2B1S90'/I:O~621,0099 " 1li26;(11 \., \., 11:33 FAX 805 965 4333 f \~ Hatch and Parent ~018 .. :1 II " ~ ~ I ~ Parceltft t . All ofS,ection 31. excepting therefrom the South half of the Southeast quarter, in Township 11 North, Range 20 East, M.D.B.&M. 1 ~ . Also e*epting from Parcel 4. that portion acquired by the South Tahoe Utility District by Final Order of Condemnation entered in Case No. 17480, in the Superior Court ofPlacer County, State ofCali~mia, a certified copy of which was recorded August 1) 1990 in Book 69 at Page 500, Officia1~Records. ~ 'I Also ex~epting from Parcel 4, the Parcel conveyed to the COWlty of Alpine by Road Deed in Book Gr:of Official Records at Page 300, said Road Deed contains a reversionary clause. " j (Assessclr's Parcel Number 01-200-11) I I[ Parcel Si I[ '~ Northwe~t quarter of Section 32, Township 11 North, Range 20 East, M.D.B.&M. , Also exc6ting from Parcel S, that portion acquired by the South Tahoe Utility District by Final Order of~ondemnation entered in Case No. 77480, in the Superior Court of Placer County, State of Califo~a, a certified copy of which was recorded August 1, 1990 in Book 69 at Page 500, Official Records. V Also exc~ting from Parcel 5, the Parcel conveyed to the COlUlty of Alpine by Road Deed in Book G en Official Records at Page 300, said Road Deed contains a reversionary clause. ::: (AssesSo~s Parcel Number 01-200-10) ~ rl ~ I: n j \}. I .' '" !'; ): ,I I; . " r' \\ i: " \., ~1 ~ sa 181590 vI: O~27.009!> n :t i' :'