HomeMy WebLinkAbout13 Donner Lake Assessement _ ..............
Agenda Item # 13
Memorandum
To: Board of Directors
From: Peter Hoizmeister
Date: August 12, 2005
Subject: Exempting Spivey parcel from assessment at Donner Lake
Why this matter is before the board: This matter involves exempting a parcel
from the Donner Lake Assessment District assessment. Only the board can
exempt parcels from assessment.
History: The board recently placed a limit on the exempting of parcels from
assessment based on merging of adjacent parcels at Donner Lake. We sent
letters to all owners of vacant parcels.
New information: I received a response from Mr. Jim Spivey who states that he
is not merging parcels, but that he still merits an exemption from assessment
because his parcel is unbuildable. Attached is the note he sent me.
Briefly, he acquired a parcel of land from Placer County in a tax delinquency
sale. He says Placer County represented that the he could put a dwelling on it.
But after buying the parcel he found that South Shore Drive has been built
directly through the middle of the parcel. South Shore Drive is not built where it
was supposed to be built. As a result he cannot build on his parcel.
The Donner Lake Assessment District can only assess parcels that benefit from
the water system. An unbuildable parcel receives no benefit.
Recommendation: I recommend that the board adopt a resolution exempting
APN 069-170-006 from assessment under the Donner Lake Assessment District.
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TRUCKEE DONNE
Y Public Utility Ct
Distr
Resolution No. 2005 - XX
Amending certain assessments for Donner Lake
WHEREAS, subsequent to adoption of Resolution No. 2001-09, certain information has come to
light regarding a specific property owner of record whose parcel is deemed unbuilable;
WHEREAS THE District determines that,based on the above finding,the assessment confirmed in
Resolution 2001-09 should be repealed;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT AS
FOLLOWS:
1. The parcel assessment for Jim Spivey Sr., APN 069-170-006 shall be rescinded because the
parcels is unbuiidabie and shall therefore never benefit from the improvements made by the
assessment district.
2. All other resolutions adopted by the Board of Directors shall remain in effect except to the extent
that the terms therein conflict with the terms of this resolution.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the seventeenth day of August, 2005 by the following roil call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President
ATTEST:
Peter L. Holzmeister, Clerk of the Board
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July 5,2005
MuniFinancial
27368 Via Industria, suite 10
Temecula, CA 92590
Ms. Hargpheimer,
MY wife and I received your request for payment for back taxes for the property located
at Donner Lake on behalf Of the Truckee-Donner PUD. I would like to respond to your
request for paymient,with a request myself.
My wife and I Purchased this Property from Placer County from a public sale. Enclosed
you will find the first map that I received when I purchased this property showing
Property lines that looked as if the property was useable and could hold a dwelling. After
I obtained the property, I had the property surveyed and it shows that the original
property lines were incorrect and the Property was not useable do to a county road
running right through the property. I suspect that the prior owners of this property ran
into the same dilemma as mine, as I obtained the property from a public sale.
I have had endless conversations with Placer County disputing the purchase of this
property because the sale of the property was under false pretenses. All of these
conversations had no resolution.
My request to you is to please continue with the nonpayment of back taxes and file a
complaint in the Superior Court. I would be satisfied to have my day in court d talk
the judge regarding my dilemma. If that does
an to
s not work,and the judge decides to sell the
property,that is fine with me. As it is, I cannot sell this property because of the county
road running through it,making it completely unusable,
Sincerely,
Jim Spivey Sr.
(530)$85-7573
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