HomeMy WebLinkAbout5 Donner Lake assessment Agenda Item # ,j—
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Public Utility District i
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: November 6, 2001
Subject: Policy allowing exemption from assessment under the Donner Lake
Assessment District
Attached is a draft policy for your review. This policy is intended to set forth the terms
and conditions under which a parcel of land at Donner Lake can qualify for exemption
from assessment. This issue was raised first by property owners at Donner Trace and
Wolf Estates. Others then raised similar questions regarding common area associated
with homeowner associations.
The Directors have been generally favorable to exempting parcels that are irrevocably
restricted from development. We tried to build sufficient safeguards in this policy to
permit exemption from assessment on a case by case basis.
RECOMMENDATION: I recommend that the Board adopt the resolution providing for the
exemption of common area parcels from the assessment under the Donner lake
Assessment District
Exerpt from November 7, 2001 minutes
Manager Holzmeister presented a proposed policy intended to set forth the terms and
conditions under which a parcel of land at Donner Lake can qualify for exemption from
assessment. (A copy of the proposed policy is attached for reference.) This issue was raised
first by property owners at Donner Tract and Wolfe Estates. Others then raised similar questions
regarding common area associated with homeowner groups. Staff attempted to build sufficient
safeguards into the policy to permit exemption from assessment on a case-by-case basis.
Attorneys Gross and Morris left the room because of a possible conflict as they have
represented Donner Tract relating to other matters in the past.
It was noted by Peter Gerdin that Donner Tract homeowners would agree to have the titles on
common areas be irrevocably restricted. There are no lenders on these parcels.
Renee Fugazi, representing Wolfe Estates, said that their common areas are already recorded
as open space and no taxes are paid on the parcels. No building is anticipated. They would like
their exemption from assessments to be considered as a separate matter.
After some discussion, Director Van Gundy moved, and Director Aguera seconded, that the
Board approve the policy allowing exemption from assessment under the Donner Lake
Assessment District as amended. An amended resolution will be brought to the Board for
adoption at the next meeting. ROLL CALL: Hemig, absent; Sutton, abstain; all other Directors,
aye. SO MOVED.
Relating to the parcels within the Donner Lake Assessment District being reconsidered, list
attached, some fall under the terms of the policy on exemptions for common area; others have
some unique circumstance suggesting reconsideration. Mr. Holzmeister reviewed the parcels
and, after some discussion, Director Van Gundy moved, and Director Aguera seconded, that the
Board exempt the parcels in List B with the exception of the Myrtl and ALPAC parcels and also
authorize the amended assessments for Howarth and Shepherd. ROLL CALL: Hemig, absent;
Sutton, abstain; all other Directors, aye. SO MOVED.
DRAFT
RESOLUTION
PROVIDING FOR THE EXEMPTION OF COMMON AREA PARCELS FROM THE
ASSESSMENT UNDER THE DONNER LAKE ASSESSMENT DISTRICT
WHEREAS the TDPL`D (the `District') formed the Donner Lake Assessment District (the
"Assessment District") pursuant to Resolution Number 00-1, adopted by the District on
, 2001, for the purpose of funding the acquisition and rebuilding of the Donner Lake water
system, as defined in said resolution; and
WHEREAS the method of assessing parcels of land within the Assessment District provides for
an assessment to all parcels which benefit from the acquisition, rebuilding and service of water
within said District, which parcels are developed or have the potential of development thereon;
and
WHEREAS certain parcels within the Assessment District have been irrevocably restricted in
perpetuity such that there shall never be any improvement nor occupancy thereon nor the
requirement of water service, whatsoever; and
WHEREAS the District wishes to adopt a process by which such parcels of land that are not
benefiting by the improvements to the Donner Lake water system and will never be improved nor
occupied may be exempted from assessment for the acquisition and rebuilding of the Donner
Lake water system; and
WHEREAS the Board of Directors of the District desires to establish a policy defining the terms
and conditions under which a parcel of land may be considered for exemption, and exempted
from the assessment;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
DISTRICT THAT THE FOLLOWING POLICY IS ADOPTED:
DONNER LAKE ASSESSMENT EXEMPTION POLICY
A. COMMON AREA EXEMPTED FROM ASSESSMENT
1. A parcel of land within the Donner Lake Assessment District, which is or has been
irrevocably restricted in perpetuity, such that it (i) meets the definition of"Common Area" as set
forth herein, and (ii) meets the other requirements and conditions set forth herein, shall not be
assessed by the Assessment District.
2. A parcel of land, sought to be exempted from the assessment, must be irrevocably
dedicated and restricted, pursuant to a declaration of covenants, conditions or restrictions, deed
restriction or other declaration, in a form and content acceptable to District, enforceably setting
forth that said parcel is and shall be dedicated and restricted so as to meet the definition of
Common Area, as hereinafter defined, in perpetuity.
B. "COMMON AREA"DEFINED
1. Common Area shall be defined as any parcel of land that is owned and controlled, for the
common use and enjoyment of association members, by a duly formed and existing homeowners'
association or property owners' association, which association (i) is formally and duly organized
as a nonprofit mutual benefit corporation, and/or (ii) consists of owners within a duly formed and
existing association which contained not less than three (3) unimproved parcels at the time the
association was formed. Common Area shall constitute and be defined by an irrevocable and
perpetual declaration of restriction, made by the association owning and controlling said parcel or
lot, and acceptable to District, specifying that (i) no professional nor commercial activities of any
kind or nature shall be suffered, allowed or permitted, and (ii) no structures, buildings,
improvements, water service (including irrigation purposes), or occupancy greater in scope than
the list of permissible structures and uses set forth herein, as such list may be amended from time
to time, shall be permitted.
2. Common Area shall be further defined to consist of a lot or parcel of real property which
has a unique identity for tax purposes, such as its own Assessor's Parcel Number ("APN"),
separate from other lots or parcels. The use of a Common Area shall not include any
professional or commercial activity of any kind or nature, including rental of the Common Area
to any person, group, or entity for any purpose. The use of a Common Area, and the
improvements which may be made thereon, shall be limited to the following uses and
improvements, none of which shall ever be connected to any water system nor require water,
service:
(a) Paths or walkways for pedestrians, equestrians, and bicyclists, whether paved or
unpaved, which shall not exceed six (6) feet in average width, and uses associated
with such paths or walkways;
(b) Picnic tables and uses associated therewith;
(c) Security fences;
(d) Steps leading to beach areas, and use of the Common Area for beach access and
beach use;
(e) Gazebos and other non-enclosed or partially enclosed structures, not exceeding
100 square feet in floor area, and uses associated with such structures;
(f) Docks extending into Donner Lake, and uses associated therewith.
(g) Paved or unpaved driveways and parking.
C. APPLICATION FOR EXEMPTION
1. Any homeowners' association or property owners' association which (i) owns and
controls a parcel, (ii) meets the aforementioned definitions and criteria, and (iii) desires to be
exempt from the levy of an assessment for a parcel which it owns or controls, shall make
application to the General Manager of the District in the form and content approved by the
General Manager. Said application shall include, at minimum: (i) a current preliminary title
report as to each and every parcel of real property sought to be exempted, together with any and
all items noted as an exception of record, as reflected by said preliminary title report; (ii) a copy
of any recorded restriction then in existence meeting the aforementioned definitions and criteria;
(iii) the proposed restrictions upon which the application is based; and (iv) such further
documents as the General Manager may deem necessary or advisable for purpose of
consideration of the application. The General Manager shall submit the matter to the Board of
Directors for approval or rejection at a regular or special meeting.
2. Any approval by the Board of Directors of an application for exemption from assessment
shall be subject to the further condition that each and every owner of record shall join in any
declaration of restriction, or other instrument, irrevocably restricting the parcel(s) as Common
Area, as defined herein, and shall be accompanied by the joinder and/or consent of all lenders,
mortgagees, beneficiaries under deed of trust and/or those persons or entities having a beneficial
interest in the parcels sought to be exempted. Exemption from the assessment shall not be
effective unless and until a declaration of restrictions, to District's satisfaction, is recorded and an
ALTA policy of title insurance, assuring and guaranteeing the enforceability of the declaration of
restrictions, is issued and delivered to District. The costs of procuring said preliminary title
report and policy of title insurance shall be borne in their entirety by the applicant.
3. The applicant shall allow periodic inspections of the parcel of property sought to be exempted
by the District or other authorized agent from time to time upon District providing forty-eight
(48) hours notice.
D. REVOCATION OF EXEMPTION .
1. In the event that any lot or parcel for which an exemption has been granted ceases to meet
the definition of "Common Area" set forth in this Policy, as it may be amended from time to
time, or structures are erected or uses made which are not included on the list of approved
structures and uses, as it may be amended from time to time, the District may revoke any
exemption from assessment granted to a parcel.
2. Prior to revoking an exemption from assessment, the District shall provide notice of the
pending consideration of revocation to the owner of the affected lot or parcel, and an opportunity
to be heard at the public hearing at which the District's Board of Directors shall consider
revocation of the exemption.
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SrAT OF
COON7Y OFF
PARCELS TO BE CONSIDERED FOR
EXEMPTION FROM ASSESSMENT
A. PARCLES THAT MAY QUALIFY FOR COMMON AREA POLICY EXEMPTION
17-529-30 Wolf Estates POA Dedicated open space
17-520-25 Wolf Estates PDA Dedicated open space
17-500-18 Wolf Estates PDA Dedicated open space
17-500-11 Wolf Estates POA Dedicated open space
17-500-13 Wolf Estates POA Dedicated open space
17-510-10 Wolf Estates PDA Dedicated open space
18-780-01 Donner Pines East Open space (common area)
lake side property
17-160-25 Donner Pines West POA Open space (beach)
17-45-36 Donner Pines West POA Open space (common area)
17-080-25 Donner Lake Woods PDA Open space
17-080-19 Donner Lake Woods PDA Open space
17-320-02 Donner Tract These Donner Tract parcels are all
17-420-08 Donner Tract designated as open space
17-420-34 Donner Tract
17-420-35 Donner Tract
17-420-36 Donner Tract
17-420-37 Donner Tract
17-420-38 Donner Tract
17-420-39 Donner Tract
17-420-40 Donner Tract
17-420-41 Donner Tract
17-420-42 Donner Tract
17-430-02 Donner Tract
17-430-09 Donner Tract
17-430-14 Donner Tract
17-430-15 Donner Tract
17-210-08 Donner Lake POA These parcels are the homeowner beach
17-240-01 Donner Lake POA
17-230-01 Donner Lake PDA
17-160-37 Donner Lake Vista HA Very small common area serving four
homes
17-160-38 Donner Lakeside Landing Very small common area serving
Association
18-352-27 Tinkers Landing HA Very small common area serving
B. PARCELS THAT HAVE A UNIQUE ASPECT THAT LIMITS DEVELOPMENT
APN OWNER REASON FOR EXEMPTION
17-520-13 County of Nevada Transfer parcel to TDPUD
17-510-008 County of Nevada Transfer parcel to TDPUD
17-510-01 County of Nevada Transfer parcel to TDPUD
Note: these three parcels were held by Nevada County for Del Oro Water Company.
They have the wells and storage tank serving Wolf Estates on them.
17-301-16 Mahnaz Dashti Deed restriction prohibits development
069-130-021 Union Pacific RR Property is RR tracks
069-130-037 Union Pacific RR Property is RR tracks
17-253-06 Paul R. Stanbrough Parcel split by county line
069-130-058 John D. Pawek Parcel split by county line
069-165-038 County of Placer Parcel is a deep drainage ditch.
Unbuildable
17-253-03 County of Nevada Parcel is a deep drainage ditch
Unbuildable
18-393-01 Anton P. Sohn Parcel is a narrow drainage ditch.
Unbuildable
18-340-05 State of California parcel is an island in Donner Lake
17-260-01 ALPAC LTD Parcel split by county line. Large acreage
parcel that was excluded from assessment
district until future development
18-393-09 State of California Dock
17-182-02 Hon H. Dickson This parcel is split by the road. Cannot be
on and cannot be merged.
17-120-84 AK Gehrig This is a unique parcel created for access
to the main parcel.
17-150-06 Anna Mrtle Large acreage parcel that should be
excluded from assessment district until
further development
PARCELS THAT MAY QUALIFY FOR AMENDED ASSESSMENT
18-363-03 Sandy Howarth This property is developed as a triplex.
To be consistent it should be assessed
$13,851.04, rather than $20,776.57.
18-393-04 Helen Shephard To be consistent this parcel should get
one and a half assessments (a main
house and a second unit) $10,388.28
rather than $13,851.05
e
DRAFT
RESOLUTION
PROVIDING FOR THE EXEMPTION OF COMMON AREA PARCELS FROM THE
ASSESSMENT UNDER THE DONNER LAKE ASSESSMENT DISTRICT
WHEREAS the TDPUD (the "District") formed the Donner Lake Assessment District (the
"Assessment District") pursuant to Resolution Number 00-1, adopted by the District on
2001, for the purpose of funding the acquisition and rebuilding of the Donner Lake water
system, as defined in said resolution; and
WHEREAS the method of assessing parcels of land within the Assessment District provides for
an assessment to all parcels which benefit from the acquisition, rebuilding and service of water
within said District, which parcels are developed or have the potential of development thereon;
and
WHEREAS certain parcels within the Assessment District have been irrevocably restricted in
perpetuity such that there shall never be any improvement nor occupancy thereon nor the
requirement of water service, whatsoever; and
WHEREAS the District wishes to adopt a process by which such parcels of land that are not
benefiting by the improvements to the Donner Lake water system and will never be improved nor
occupied may be exempted from assessment for the acquisition and rebuilding of the Donner
Lake water system; and
WHEREAS the Board of Directors of the District desires to establish a policy defining the terms
and conditions under which a parcel of land may be considered for exemption, and exempted
from the assessment;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
DISTRICT THAT THE FOLLOWING POLICY IS ADOPTED:
DONNER LAKE ASSESSMENT EXEMPTION POLICY
A. COMMON AREA EXEMPTED FROM ASSESSMENT
1. A parcel of land within the Donner Lake Assessment District, which is or has been
irrevocably restricted in perpetuity, such that it (i) meets the definition of"Common Area" as set
forth herein, and (ii) meets the other requirements and conditions set forth herein, shall not be
assessed by the Assessment District.
2. A parcel of land, sought to be exempted from the assessment, must be irrevocably
dedicated and restricted, pursuant to a declaration of covenants, conditions or restrictions, deed
restriction or other declaration, in a form and content acceptable to District, enforceably setting
forth that said parcel is and shall be dedicated and restricted so as to meet the definition of
Common Area, as hereinafter defined,in perpetuity.
B. "COMMON AREA" DEFINED
1. Common Area shall be defined as any parcel of land that is owned and controlled, for the
common use and enjoyment of association members, by a duly formed and existing homeowners'
association or property owners' association, which association (i) is formally and duly organized
as a nonprofit mutual benefit corporation, and/or (ii) consists of owners within a duly formed and
existing association which contained not less than three (1) unimproved parcels at the time the
association was formed. Common Area shall constitute and be defined by an irrevocable and
perpetual declaration of restriction, made by the association owning and controlling said parcel or
lot, and acceptable to District, specifying that (i) no professional nor commercial activities of any
kind or nature shall be suffered, allowed or permitted, and (ii) no structures, buildings,
improvements, water service (including irrigation purposes), or occupancy greater in scope than
the list of permissible structures and uses set forth herein, as such list may be amended from time
to time, shall be permitted.
2. Common Area shall be further defined to consist of a lot or parcel of real property which
has a unique identity for tax purposes, such as its own Assessor's Parcel Number ("APN"),
separate from other lots or parcels. The use of a Common Area shall not include any
professional or commercial activity of any kind or nature, including rental of the Common Area
to any person, group, or entity for any purpose. The use of a Common Area, and the
improvements which may be made thereon, shall be limited to the following uses and
improvements, none of which shall ever be connected to any water system nor require water
service:
(a) Paths or walkways for pedestrians, equestrians, and bicyclists, whether paved or
unpaved, which shall not exceed six (6) feet in average width, and uses associated
with such paths or walkways;
(b) Picnic tables and uses associated therewith;
(c) Security fences;
(d) Steps leading to beach areas, and use of the Common Area for beach access and
beach use;
(e) Gazebos and other non-enclosed or partially enclosed structures, not exceeding
100 square feet in floor area, and uses associated with such structures;
(f) Docks extending into Donner Lake, and uses associated therewith.
(g) Paved or unpaved driveways and parking.
C. APPLICATION FOR EXEMPTION
1. Any homeowners' association or property owners' association which (i) owns and
controls a parcel, (ii) meets the aforementioned definitions and criteria, and (iii) desires to be
exempt from the Levy of an assessment for a parcel which it owns or controls, shall make
application to the General Manager of the District in the form and content approved by the
General Manager. Said application shall include, at minimum: (i) a current preliminary title
report as to each and every parcel of real property sought to be exempted, together with any and
all items noted as an exception of record, as reflected by said preliminary title report; (ii) a copy
of any recorded restriction then in existence meeting the aforementioned definitions and criteria;
(iii) the proposed restrictions upon which the application is based; and (iv) such further
documents as the General Manager may deem necessary or advisable for purpose of
consideration of the application. The General Manager shall submit the matter to the Board of
Directors for approval or rejection at a regular or special meeting.
2. Any approval by the Board of Directors of an application for exemption from assessment
shall be subject to the further condition that each and every owner of record shall join in any
declaration of restriction, or other instrument, irrevocably restricting the parcel(s) as Common
Area, as defined herein, and shall be accompanied by the joinder and/or consent of all lenders,
mortgagees, beneficiaries under deed of trust and/or those persons or entities having a beneficial
interest in the parcels sought to be exempted. Exemption from the assessment shall not be
effective unless and until a declaration of restrictions, to District's satisfaction, is recorded and an
ALTA policy of title insurance, assuring and guaranteeing the enforceability of the declaration of
restrictions, is issued and delivered to District. The costs of procuring said preliminary title
report and policy of title insurance shall be borne in their entirety by the applicant.
3. The applicant shall allow periodic inspections of the parcel of property sought to be exempted
by the District or other authorized agent from time to time upon District providing forty-eight
(48) hours notice.
D. REVOCATION OF EXEMPTION
1. In the event that any lot or parcel for which an exemption has been granted ceases to meet
the definition of "Common Area" set forth in this Policy, as it may be amended from time to
time. or structures are erected or uses made which are not included on the list of approved
structures and uses, as it may be amended from time to time, the District may revoke any
exemption from assessment granted to a parcel.
2. Prior to revoking an exemption from assessment, the District shall provide notice of the
pending consideration of revocation to the owner of the affected lot or parcel, and an opportunity
to be heard at the public hearing at which the District's Board of Directors shall consider
revocation of the exemption.
TDPUD MEMORANDUM
November 1, 2001
TO: Board of Directors
FROM: Neil Kaufman, Water System Engineer
SUBJECT: INSTALLATION OF PIPE AND APPURTENANCES FOR THE WEST
END OF DONNER LAKE - CHANGE ORDER #1
AGENDA #
BACKGROUND:
The Board of Directors previously awarded the Contract for "Installation Of Pipe And
Appurtenances For The West End Of Donner Lake"to Longo Construction. This Contract
involves labor expended in the installation of water pipe jointly with Southwest Gas
throughout the west end of Donner Lake. The Contract is set up on an hourly rate basis.
The Bid documents estimated a total of 400 hours of normal time (10 weeks @ 40
hours/week) and 20 hours of overtime. The actual time spent by Longo Construction was
440 hours of normal time and 94.25 hours of overtime.
Therefore, I am requesting a change order in the amount of$45,954.98 to cover the actual
time spent on the project.
40 hours of normal time @ $382.80/hour $15,312.00
74.25 hours of overtime @ $412.70/hour $30,642.98
Total $45,954.98
RECOMMENDATION:
I recommend that the Board authorize Contract Change Order #1 in the amount of
$45,954.98,
Attachment-Contract Change Order #1
Change Order
INSTALLATION OF PIPE AND APPURTENANCES FOR THE
Contract Name: WEST END OF DONNER LAKE
Contract Change Order No: 1 Ong. Contract Amt. $ 183,157.00 Days NA
Date: November 2, 2001 Prev. Apprd Changes$ 0.00 Days NA
Contractor: Longo Construction This Change$ 45,954.98 Days NA
Revised Contract Amt. $ 229,111.98 Days NA
This Change Order covers changes to the subject Contract as described herein. The Contractor shall construct,
furnish equipment and materials, and perform all work as necessary or required to complete the Change Order
Items for a lump sum price agreed upon between the Contractor and District.
Increase in (Decrease) Contract Time
Contract in Contract Extension
Description of Changes Amount $ Amount $ (days)
1) 40 hours of Normal Time $15,312.00 NA
2) 74.25 hours of Overtime $30,642.98 NA
i
I
Totals $45,954.98
Net change in contract amount (increase or decrease) $45,954.98
The amount of the Contract will be increased (decreased) by the sum of $45,954.98 and the Contract Time shall
not be extended. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in
the contract price specified for each item including any and all supervision costs and other miscellaneous costs
relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on
account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other
necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete
the Change order items. This document will become a supplement of the contract and all provisions will apply
hereto. It is understood that the Change
Order shall be effective when approved by the District.
Accepted: " /Contractor Date: l f`2z _
(Signature)
Approved: /District Date:
(Signature)