HomeMy WebLinkAbout1970-08-11 Min - Board August 11, 1970
A special meeting of the Board of Directors of the Truckee Donner Public
Utility District was held August 11, 1970 at 5:00 P.M. in the conference room
of the District to discuss:
CONDEMNATION RESOLUTION MARTIS VALLEY DAM EASEMENT 1
Directors present: Doyle, Rose, Loehr, Stone, Moore.
Employees present: Cattan, Paulus, Bliss.
The meeting was called to order by President Doyle.
Mr. Cattan explained that the District tried to obtain an easement from Mrs.
Joerger Wolverton and she tentatively agreed and proceeded to turn the matter
over to her attorney. The attorney, Peter V. Brucker, said no to the ease-
ment because he felt the easement would be of no value to his client. Mrs.
Wolverton informed Mr. Cattan that the property is not suitable for develop-
ment being close to sewer ponds. Because of the refusal of the property owner
to grant an easement, the land will be condemned by eminent domain, and the
draft of the resolution being considered tonight, if approved, will give Paul
Chamberlain District's attorney, the authority to start legal proceedings
for the condemnation and prepare the necessary legal descriptions, maps, I
papers, etc. The Corps of Engineers also requested an easement from Mrs.
Joerger Wolverton and were refused.
A diagram was shown depicting the easement which will extend the line 800'
along old highway 40 and then across the Southern Pacific railroad tracks,
through Sanitary District property, into Joerger property (7,290' X 1S' wide) ,
then along the section line to Martis Valley Dam property. Perini will pay
for right-of-way, easement, lines, etc. , and the District will be reimbursed
immediately by the issuing of a blanket purchase order by Perini. A maximum
expenditure of $18,240 has been established on the basis of a calculation of
$8,000 per mile which includes $1,000 per mile for contingencies. Harker &
Harker will perform the labor. One condition is necessary: If anyone taps
on this line, the developer will have to pay a pro rata rate to Perini.
Mr. Moore felt there should be a termination period of 10 years in the contract
and that this seems to be a joint venture between Perini and the Corps o
=-' Engineers. Mr. Rose agreed. Mr. Stone stated it seems as if the District is
being asked to condemn property for private people (Perini) rather than for
the Corps of Engineers. The government will reimburse Perini for the costs
of this line plus construction costs. Mr. Moore felt the District rather
than Perini should be reimbursed because the easement was going to be in our
name and we will have to pay for it, and because the line wasn't going to cost
Perini anything. Mr. Cattan stated the right-of-way entry should be obtained
in 2 weeks from the courts if all the papers are ready, and that the Sanitary
District will have a right to tap the line because they are giving us an ease-
ment. This stipulation will be in the agreement. Dan Cook has surveyed and
marked the line for the District, and we have contacted the railroad for the
crossing. The agreement between Perini and the U.S. Corps of Engineers will
be presented to the Board as soon as possible, along with results of title
search, necessary contracts, etc.
The proposed resolution was read in its entirety by President Doyle, a copy of
which is attached and is part of these minutes. Mr. Loehr asked what are the
deposits, who must put them up and when. Mr. Cattan replied the District must
put up the deposits when all the papers are ready. Construct cost will begin
September 1S, 1970.
No further discussion or questions on the resolution, a motion was made by Mr.
Loehr and seconded by Mr. Rose that Resolution 701S, DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN EASEMENTS AND RIGHTS
OF WAY FOR INSTALLATION, CONSTRUCTIONS-9 MAINTENANCE AND OPERATION OF ELECTRIC
TRANSMISSION AND DISTRIBUTION LINES, POLES, FACILITIES AND RELATED APPURTENANCES
FOR THE DISTRICT, AND DIRECTING LEGAL COUNSEL TO UNDERTAKE AND PURSUE EMINENT
DOMAIN PROCEEDINGS THEREFOR be adopted as presented.
ROLL CALL: Rose, aye; Loehr, aye; Stone, aye; Moore, aye; Doyle, aye.
Motion carried. So ordered.
Page 133
August 11, 1970
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Continued
August 11, 1970
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Discussion ensued regarding the contract. Mr. Cattan suggested the District
treat the condemnation costs as one work order and the construction costs as
another work order. Mr. Loehr inquired as to inspection fees, and Mr. Paulus
stated they are included in the overhead costs. Mr. Stone inquired as to
what would happen if construction costs exceed $18,240? Mr. Cattan replied
the District would have to foot the bill, but the estimate is considered very
accurate. We have quotations on the poles now. The line will be a 4-wire
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line with 2 or 3 posts at the end. After the darn is built, there will be
another 1/2 mile line extension to the dam paid for by the Corps of Engineers.
No further discussion to come before this Board on this subject, a motion
was made by Mr. Moore and seconded by Mr. Loehr to adjourn. All ayes.
Motion carried. Meeting adjourned at 5:55 P.M.
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PAUL DOYL , PRESIDENT OF THEBOARD
CAROLYN BLISS CORD NG SECRETARY
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Page 134 August 11, 1970
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1 ( RESOLUTION NO. .___701S_,.____
2 OF
TRUCKEE - D ONNE R PUBLIC UTILITY DISTRICT
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DETERMINING THAT PUBLIC INTEREST AND NECESSITY RE QU IRE THE
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A:C qJ I S IT ION OF CERTAIN EASEMENTS AND RIGHTS OF WAY FOR IN-
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STA,LLAT ION, CONSTRUCT IONS, MAINTENANCE, AND OPERATION OF
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ELECTRIC TRANSMISSION AND DISTRIBUTION LINES , POLES , FACILI.-
TIES, AND RELATED APPURTENANCES FOR THE DISTRICT, AND DIRECT-
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ING LEGAL COUNSEL TO UNDERTAKE AND PURSUE EMINENT DOMAIN
9 �
PROCEEDINGS THEREFOR.
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11 WHEREAS, Truckee - Donner Public Utility District is a
12 utility district duly organized and existing under and by virtue
13 of the laws of the State of California, having the power of emin-
14 ent domain, and including within its utility services authorized
15 by law the operation , construction, and maintenance of works and
16 facilities for transmission and distribution of electricity; and
17 WHEREAS. said Board of Directors of Truckee - Donner Public
18 Utility District has determined to undertake the project for the
19 installation, construction, and maintenance and operation of poles,
20 wires , and related facilities for the distribution and transmission
21 of electrical energy in said District , and from the existing faci-
22 lities of District to the general vicinity of Martis Reservoir,and
23 WHEREAS , in conjunction. with the construction project re-
24 ferred to above , certain easements and rights of way are necessary
25 to be acquired and obtained in conjunction therewith, and
26 WHEREAS, the acquisition of easements and rights of way
27 for the installation, construction, and maintenance of the a lec-
28 trical works and facilities hereinabove referred to, are deemed
29 beneficial and in the best public- interests and are necessary to
30 the installation, construction, maintenance , and operation of the
31 electrical project, works , and facilities referred to above;
32 NOW THEREFORE ., BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
CHAMBERLAIN AND CHAMBERLAIN
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG.
AUBURN, CALIFORNIA
Augus t 11, 19 70 Page 135
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1 TRUMEE - DONNER PUBLIC UTILITY DISTRICT, AND SAID BOARD OF DIRECT
2 ORS DOES HEREBY FIND, DETERMINE , AND ORDER AS FOLLOWS
3 ! 1. That in reference to the construction project referred
4 to above and the installation, construction, maintenance , and
operation of those certain electrical transmission and distribution
6 lines poles , and related facilities and appurtenances in conjunct
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ion therewith, the public interest and necessity requires the ac-
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uisition of easements and rights of way in, along, within, and
9 upon portions of those certain parcels of real property more par-
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10 �� ticulari described in Exhibit "B" attached hereto and by this
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11 reference incorporated herein; the legal description of said ease-
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12 ments and rights of way and plat maps showing the location. there-
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3 of as the same traverses the parcel referred to is on 'ile in the
14 off
ice ce of Truckee - Donner Public Utility District, Truckee , Cali -
15 or ,nia and reference is hereby made to the same for greater parti-
16 1 cu lari ty.
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2 . That said easements and rights of way in, along, withi
18 and upon ,
on the respective parcels of real property described in sal
19 Exhibit are essential and necessary to the installation, cons truc -
2 ,0 ion maintenance and operation of public improvements and projects
21 � here inabove referred to , and that the taking of easements and
22 rights of way is necessary therefor;
23 3 . That said proposed public improvements and projects
24 are planned and located in the manner which is most compatible
• most public good , and the least private injury, and all
25 with the p
26 of said works facilities, and projects hereinabove referred to
27 are located within the exterior boundary of Truckee - Donner Pub-
28 lic Utility District , Nevada County, California.
29 4. That the law firm of Chamberlain and Chamberlain,
30 attorneys for said District , are hereby authorized and empowered
31 as such attorneys , to prepare and prosecute all necessary acts
32 and proceedings roceedin s in eminent domain, to acquire for Truckee - Donne
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CHAMBERLAIN AND CHAMBERLAIN
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG.
AUBURN,CALIFORNIA 2
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District the easements and rights of way in, along,
1 Public Utility D g
2 within, and upon said real property and the respective parcels
3 thereof , described in said Exhibit attached hereto, and more par-
4 ticularly shown in the files of the District, all of which said
5 properties and parcels are located in the County of Nevada, State
6 of California, and within the exterior boundaries of Truckee -
7 Donner Public Utility District.
8 Said attorneys are further authorized and directed for and
9 on behalf of this District, and pursuant to Sections 1243 .4 and
10 i 1243.5 of the Code of Civil Procedure of the State of California and
11 related sections thereof, to apply to the appropriate court for an
12 , order fixing the amount of security, and deposit thereof in such
13 amounts as may be determined, and to obtain an order of the Court
14 for immediate possession, and are authorized and directed to de-
15 ' posit such security as may be provided by law; that upon being ad-
16 vised of the amount of such deposit as to any or each of said par-
17 ce is , the treasurer of this District shall and is hereby authorize
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18 and directed to transmit to the County Auditor of the County of
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19 Nevada, State of California, of a copy of this Resolution together
20 with such sums as may be determined to be due as a deposit as to
21 any, each, or all of such parcels , and representing compensation
22 for the acquisition of the respective easements and rights of way
23 therein, as more particularly described in the exhibit attached
24 hereto , including where applicable secondary or temporary easement
25 if any therein described , all of which said easements and rights
26 of way and descriptions thereof and plat maps showing the location,
27 route , and terminii, are on file in the office of Truckee - Donner
28 Public Utility District , and are by this reference incorporated
29 herein and made a part hereof .
30 5 . That in reference to the respective easements and right
31 of way to be acquired and obtained hereunder, and the respective
32 amounts to be deposited therefor, if the same be not otherwise
]CHAMBERLAIN AND CHAMBERLAIN
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG.
AUBURN. CALIFORNIA - 3 �'
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1 acquired , the Board of Directors does hereby determine the amount
2 i of deposit as to each such parcel, and the easements and rights of
3 way acquired to be therein, to be in the sum shown on Exhibit "A"
4 attached hereto and by this reference -incorporated herein .
5 The foregoing Resolution :was duly passed and adopted at a
S ' special meeting of the Board of Directors of Truckee - Donner Pub
7 lic Utility District, duly called and held in the District on the
8 llth day of August, 1970 , by the following vote:
9 AYES: Directors _ Doyle, , _ Rose ,
10 Loehr Stone , .
Moore
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11 I NOES: Directors
12 ABSENT: Directors
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TRUCKEE - DONNER BLIC ILITY DISTRICT
14 By.
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President o t o as r o Directors
1 ATTEST:
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17 Clerk t e re
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CHAMBERLAIN AMD CHAMBERLAIN
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG.
AUBURN.CALIFORNIA - 4 -
1 CONDEMNATION COUNTY ASSESS- NAME OF AMOUNT OF
PARCEL NO. OR'S NO. OWNER DEPOSIT
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EXHIBIT "A"
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1 CERT IF ICAT ION
2 STATE OF CA L IF ORN IA )
) ss .
3 County of Nevada )
being first duly sworn, deposes
4 George Cattan
5 and says:
6 That she is the clerk and ex-off icio secretary of the
.7 Board of Directors of Truckee - Donner Public Utility District .
8 That on the l lth day of AugUs t , 1970, said
9 Board of Directors duly passed and adopted a Resolution No. 7015
10 to which this Certificate is attached , and that said Resolution
11 is now a part of the Official Records and Minutes of the District
12 and that the same has not been amended or rescinded*
13 1 declare under penalty of perjury t, at the foregoing is
14 true and correct * Clerk
15 TRUCKEE ONNER PUBLIC UTILITY DISTRIC
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CHAMBERLAIN AND CHAMBERLAIN
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG.
AUBURN.CALIFORNIA