HomeMy WebLinkAboutRES 2001-10 - Board Public
Resolution No. 2001-10
Declaring the public interest and necessity for the acquisition of certain
properties, being the water system of the Donner Lake Water Company
WHEREAS, by Resolution No. 2001-08, adopted by this Board on April 4, 2001, this District gave
notice of its intent to consider the adoption of a Resolution of Necessity in connection with the
acquisition of certain properties, being the water system of the Donner Lake Water Company, and
invite the owner to appear and be heard at a hearing to be set,which hearing was set for this date,
May 2, 2001; and
WHEREAS, through its counsel, the owner of the Donner Lake Water Company properties has
requested to be heard and such hearing has been afforded, held and concluded, and the evidence
presented has been considered; now
THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
Section 1 - Donner Lake Water Company owns the Property to be acquired by this District,
which is described in Exhibit A,attached to and incorporated in this resolution by this
reference.
Section 2-This District is authorized to acquire the Property pursuant to Article XI,section 9 of
the California Constitution, the Public Utility District Act, including Public Utilities
Code section 16404, and the provisions of the Eminent Domain Law, including
specifically sections 1240.610 and 1240.650(a)of the Code of Civil Procedure.The
Property lies within the boundaries of the District.
Section 3- The use for which the Property described in Exhibit A is sought to be taken is a
more necessary use than the public use to which such property is appropriated in the
following respects, among others: This District is proximately located and more
capable of operating, rehabilitating, rebuilding, reconstructing and maintaining the
water system for the greater public benefit than the Donner Lake Water Company,
which is managed from Chico, California; this District is more capable of managing
the reconstruction of the system to serve the water customers of the service area of
the Donner Water Company because of the depth, skills, and expertise of the
District's water service and management personnel; this District does not, as the
private company does, need to include in its revenue requirement a return or profit
from the rates charged to water customers for distribution to shareholders or owners;
the District's water resources and its water service capabilities will add an efficiency
by the economy of scale to the restoration of safe and reliable water service which the
Donner Lake Water Company has not proven itself capable of providing; and in
. addition, the District is able to effect the more necessary public use of perpetuating
the Property in public ownership for the benefit of this persons the Property should
serve, who wish to participate as District voters in determining their own future as
water service customers of the District, as demonstrated by the overwhelming
approval of the formation of the assessment district to acquire and rehabilitate the
system, as described below.
Section 4- In the formation of Donner Lake Water Assessment District No. 00-1, the property
owners who should be provided safe and reliable water service by the Property voted
to authorize this District to levy an assessment on their properties for the purpose of
financing the acquisition and improvement of the water system by ballots in favor
numbering 983,with those opposed numbering 155,for a percentage of assessments
in favor of the District levy and plan amounting to 86.7%, with those opposed
amounting to 13.3%.
Section 5 - This District had the Property appraised before the initiation of negotiations, and
conducted negotiations with the owner of the Donner Lake Water Company,and has
afforded the owner the opportunity to meet with the District's appraiser at the
Property, and has made an offer in writing to the owner by letter dated February 23,
2001, to acquire the Property for the full amount so established by the appraisal
approved by the District, and has provided the owner a complete copy of the
appraisal.The District has attempted and will continue to attempt to negotiate with the
owner for the purchase of the Property, but the negotiations to this point in time have
not progressed sufficiently to warrant further delay of the reconstruction of the water
system and putting the Property to the more necessary public use of serving the
properties and the customers who have voted to approve the acquisition and
improvement of the water system, safely and reliably.
Section 6 - The public interest and necessity require the proposed Project, which is the
acquisition and rehabilitation of the Property in accordance with the water system
improvement plan described at this meeting and in the Negative Declaration prepared
under the provisions of the California Environmental Quality Act for the Donner Lake
Water System Acquisition and Rehabilitation Project,approved on February 12,2001
(Project).
Section 7 -The Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury.
Section 8 - The Property is necessary for the public purpose of furnishing the customers
heretofore served by the Donner Lake Water Company or included in Donner Lake
Water Assessment District No. 00-1, with water for all of the lawful uses to which
water may be put, including domestic and commercial consumption, as well as fire
suppression.
Section 9 - The use for which the Property is to be taken is a more necessary use than the
public use to which the Property is appropriated, and reference is specifically made in
this connection to sections 1240.610 and 1240.650(a)of the Code of Civil Procedure.
Section 10 - In considering the issues of more necessary public use,and the public interest and
necessity of the acquisition of the Property for the Project, this District has advised
itself of the urgent need for taking quick action in order to begin to rehabilitate the
water system to eliminate the public health"emergency that has beset the customers
of the Donner Lake Water Company. By Resolution W-4216, the Water Division of
the Public Utilities Commission, on august 3, 2000, found that a water shortage
emergency existed in the service area of the Donner Lake Water Company. The
commission described that the Donner Lake Water Company's spring and lake water
sources had not met the minimum safe drinking water standards since 1991, two
years before Donner Lake Water Company acquired the Property. Since august 13,
1993,the Donner Lake Water Company has been under an order of the Department
of Health Services (DHS) to build a water treatment plant to comply with the safe
drinking water standards.The company has not done so.The commission also found
that the Donner Lake Water Company has had a history of water outages that had
increased in frequency and required the DHS to place the Donner Lake Water
Company on a boil water notice, an enormous inconvenience and discomfort to the
customers,and an indication of the urgent nature of the public health emergency that
must be speedily resolved. the District is also advised that by letter dated April 9,
2001, the DHS wrote to the Lahontan Regional Water Quality Control Board that,
among other things, an emergency existed which should be exempt from the
requirements of the California environmental Quality Act. among the serious health
problems noted by DHS were the failing lake intake. It compromises the safety and
reliability of the water supply because of holes near the shoreline of Donner Lake.
These holes allow water which contains a concentration of human pathogens to be
drawn into the water system. In addition, the close proximity of the marina to the
intake creates a potential, according to the DHS, for concentrations of MTBE to be
drawn into the intake. DHS states that the situation is further exacerbated by the
inadequate treatment provided by the Donner Lake Water Company. DHS also
reported in its April 9, 2001 letter that the present system of the Donner lake Water
Company is unable to meet current demands because of the increasing number of
,. leaks, not only in the lake intake, but also in the main line distribution and water
storage tank systems. In the latter half of June 2000 residents reported they had
water outages lasting several hours each day for several consecutive days.The DHS
expects that water outages during the summer of 2001 will increase in frequency and
duration as thousands of annual visitors flock to the area and place added demand
on the existing system, creating a public health threat in the area that is imminent.
Moreover, DHS reports that the existing water system cannot presently meet required
fire flows at almost all locations in the system, which could result in the loss of life,
property, and essential services. For the foregoing reasons, with which this district
has no disagreement,and which this Board finds and declares present good reason
therefore, this District hereby authorized and directs its General Manager and
attorneys to file and prosecute a complaint in eminent domain to acquire the Property,
in the Superior Court of Nevada county at the earliest practical time, and to request
the Court to order immediate possession of the Property before judgment, with the
shortest possible notice. The Donner Lake Water Company does not maintain or
house operational personnel at the Property on a daily or dependent basis, and thus
will not be inconvenienced unduly, compared to the balance of hardships borne by
the customers. In order that rehabilitation and corrective measures can be taken as
soon as possible,within the short construction season that limits construction in this
area, immediate possession is urgently required.
Section 11 -The General Manager and counsel are also instructed to continue negotiations with
the owner of the Donner Lake Water company in order to ease the transition from
private to public ownership. The General Manager, upon the advice of counsel and
the appraiser, is hereby authorized and directed to adjust the District's offer to the
#' owner of the Donner Lake Water Company, in an amount not to exceed any
adjustments the appraiser may make in his previously approved appraisal as of the
original date of value of December 31,2000,to take into account changes in value or
rate base,to the date of commencement of suit,and to deposit such sum pursuant to
the Code of Civil Procedure.The Clerk of the Board is instructed further to give notice
of the adoption of this resolution by certified copy hereof to the California Public
Utilities Commission.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the second day of May 2001 by the following roll call vote:
AYES: Aguera, Hemig, Sutton and Maass.
NOES: None.
ABSENT: Van Gundy.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Jame"- Maass, President
ATTEST:�Q &Zg�
Peter L. Holzmeister, Clerk of the Board
Exhibit A
Exhibit A to the resolution of necessity of the Truckee Donner Public Utility District to acquire the
water system of the Donner Lake Water Company
The Property to be acquired includes all water production, transmission, storage and distribution
property and facilities, and all properties,franchises and rights in the nature of franchises, licenses,
all wells, pumps, pumping plants and pumping equipment,water treatment equipment, any and all
tanks, mains, pipes, pipelines, hydrants, valves, connections, services, meters, meter boxes and
associated facilities, all buildings, structure and improvements, all materials and supplies, all
operating and customer account records, any and all meter history cards,all maps and drawings,all
lands, water rights, including but not limited to subterranean water, surface water, springs, and
riparian, licenses, noticed, and registered rights, easements and rights-of-way, all physical
properties and all appurtenances thereto, and all property and interests in property of every kind
comprising a part of or used in connection with the operation of the Donner Lake Water Company
water system, and further including,without limiting the generality of the foregoing,all real property
presently owned by the Donner Lake Water Company(with the exception of and excluding Tract B
from)as described in the metes and bounds descriptions that follow as a part of this Exhibit A,which
thus include Tracts A,C,and D, marked pages 2 through 5 inclusive(page one being omitted),and
denominated in the left hand upper border of page 2 as Order No. 14153742,Guarantee Serial No.
LGA 518-02513.The Property to be acquired also includes all right,title and interest in the right and
obligation to serve the Reserved Donner lake Water Right,and to provide other water to serve within
the boundaries of the water service area of the Donner Lake Water Company as heretofore
approved by the California Public Utilities Commission,as well as the Donner Lake Company Lands
and Resort, shown on Exhibits A and B of Instrument No. 98019555 of the Official Records of the
County of Nevada,with the acquisition and assumption of such instrument as of part of the Property.
The Property also includes any contracts for advances or contributions that resulted in
improvements used and useful in the water service system of the Donner Lake Water Company.
Exhibit A
Order No. 14153742
Guarantee Serial No. LG-1518-02513
EXHIBIT "A"
The land referred to herein is situated in the Truckee, County of Nevada,
State of California, and is described as follows:
TRACT A•
Parcel One:
That parcel of land in the Town of Truckee, County of Nevada, State of
California, described as follows :
That portion of Lot 1 of the Northeast quarter of Section 14, Township 17
North, Range 15 East, M.D.M. , described as follows:
BEGINNING at the Northeast corner of said Section 14; thence along the East
line of Section 14, South 01009148" East 332 . 19 feet to the Northeast
corner of the land described in the Deed to the State of California (Parcel
2) recorded August 24, 196 0 in Book 284, Page 396 of Official Records;
thence South 88 461 3911 West 374 .37 feet along the Northerly line of
Interstate 80 as described in said deed to the Northwest line of the land
described in the Deed to Donner Lake Utility Company recorded March 24,
1958 in Book 244, Page 36 of Official Records; thence along said
Northwesterly line, North 48023100" East 470 feet to the point of
":)eginning.
APN: 17-150-07
Parcel Two:
That parcel of land in the unincorporated area, County of Nevada,* State of
California, described as follows :
That portion of Lot 1 of the Northeast quarter of Section 14, Township 17
North, Range 15 East, M.D.M. , described as follows :
BEGINNING at the intersection of the Southwest line of the land described
in the deed to Donner Lake Utility Company recorded March 24, 1958, in Book
244, Page 36 of Official Records with the Southerly line of Interstate 80
as described in Parcel 2 in the deed to the State of California recorded
August 24 , 1960 in Book 284, Page 396 of Official Records, said
intersection being Southerly 290 feet, measured radially from the 11C1" line
of the Department of Public Works ' Survey from Soda Springs to 1 .3 miles
West of the Junction of Routes 37 and 38, road III-Nev-37-B,CD at
Engineer' s Station 11C1" 224+30 .00; thence North 66024129" East 440 . 61 feet
along said Southerly line; thence continuing along said Southerly line
Easterly 268 . 00 feet along a left curve having a radius of 2, 312 . 00 feet
and a central angle of 0603813011 , the chord of which bears North 82*00127"
East 267 . 85 feet and North 60049148" West 38 . 59 feet to the East line of
said Section 14 ; thence along said East line, South 01009148" East to the
Southerly line of the land described . in said Deed to Donner Lake Utility
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Company; thence along last said Southerly line and along the Southwesterly
line of said land, Westerly and Northwesterly to the point of beginning.
APN: 17-150-08
Parcel Three:
That parcel of land in the Town of Truckee, County of Nevada, State of
California, described as follows :
Lots 8 and 9, in Block A of Donner Village as per map filed December 12 ,
1946, in Book 1 of Subdivisions, Page 83 .
EXCEPT that portion thereof conveyed to Truckee Fire Protection District by
deed recorded November 10, 1966, in Book 411, Page 187 of Official Records .
APN: 17-170-12
Parcel Four:
That parcel of land in the Town of Truckee, County of Nevada, State of
California, described as follows:
A parcel of land situate in the Southeast 1/4 of Section 7, Township 17
North, Range 16 East, M.D.M. , Nevada County, California described as
follows :
Lots 1, 21 31 4 and 5, Block 192, of the "Donner Camp-Buckman Tract" the
,.. official plat of which is filed in Roll 6 at Page 19 in the office of the
Nevada County Recorder, being more particularly described as follows :
BEGINNING at the Southwest corner of said Block 192, from which the
Southeast corner of said Section 7 bears North 88052109" East 493 .16 feet
and South 00045116" East 545.66 feet .
Thence from said point of beginning along the Westerly line of said block
North 00037100" West, 79. 15 feet;
Thence along the Northerly line of said block North 88052115" East 125 . 00
feet;
Thence along the Easterly line of Lot 5 of said block South 00039104" East
79 . 15 feet to the Southeasterly corner of said Lot 5;
Thence along the Southerly line of said block South 88052109" West 125 . 84
feet to the point of beginning.
APN: 18-330-35
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TRACT B-
That parcel of land in the Town of Truckee, County of Nevada, State of
California, described as follows :
A portion of the Northwest quarter of Section 14, and a portion of those
certain parcels of land in the Southwest quarter of Section 11 and in the
Southeast quarter of Section 10, Township 17 North, Range 15 East, M.D.M. ,
more particularly described as follows :
BEGINNING at the corner common to Sections 10, 11, 14 and 15, Township 17
North, Range 15 East, M.D.M. ; thence Westerly along the line between
Section 10 and 15, North 89029100" West 150 .45 feet; thence leaving said
Westerly line and along the Southerly line of the State Highway from Soda
Springs to 1 .3 miles West of the junction of Routes 37 and 38, Road
III-Nev, -37 B, C,D North 31004106" East 199 . 19 feet; thence North 75017108"
East 449 .35 feet; thence leaving said Southerly line South 15'026138" East
425 . 12 feet to a point that lies 50 feet Westerly of the centerline of
Gregory Creek; thence Southeasterly along a line that lies 50 feet
Southerly and Westerly of said Gregory Creek CL described in the Deed from
Franklin Realty & Investment Company to Dorothy Mae Metcalfe, dated August
19, 1964, and recorded October 8, 1964, in Book 366 of Official Records,
Page 500; South 54019126" East 240 . 05 feet; thence South 1040 ,21" East
274 . 12 feet; thence South 58008131" East 329.66 feet; thence South
21012110" East 248 .85 feet; thence South 38034149" East 149.26 feet to the
intersection thereof with the Westerly line of that certain 3-acre parcel
of land conveyed to Dorothy Mae Metcalfe, as described in Book 366 of
- Official Records, Page 500; thence along said Westerly line, South 0012120"
East 220 . 00 feet to the Southwesterly corner thereof; thence leaving said
Westerly line and along the Southerly line of said 3-acre parcel, North
89047140" East 362 . 83 feet to the Westerly right of way of the County
Access Road between Highway 80 and Donner Pass Road; thence along said
Westerly right of way line on the arc of a 250 . 00-foot radius curve to the
left from a tangent which bears South 0017110" East through a central angle
of 8012150" for an arc distance of 35.84 feet; thence South 8030100" East
44 .20 feet; thence leaving said right of way line, South 78024 , 00" West
233 .24 feet to the Northwesterly corner of Lot 8, Block A of Donner
Village, as shown upon that certain map filed in the office of the Recorder
of said County, in Book 1 of Maps, Page 83; thence along the Easterly line
of Lot 7, Block A of Donner Village, North 1004100" East 67 .00 feet to the
Northeasterly corner of said Lot 7; thence Westerly along the East-West
centerline of the Northwest quarter of said 'Section 14, South 89052 , West
1308 .39 feet to a 30-inch pine tree on the Westerly line of said Section
14; thence along said Westerly line of Section 14, North 0009100" West
1341 . 83 feet to the point of beginning.
APNs : 17-150-30 and 17-150-49
TRACT C-
That parcel of land in the Town of Truckee, County of Nevada, State of
California, described as follows :
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That portion of Lot 3 in the Northwest quarter of Section 14 , Township 17
North, Range 15 East, M.D.M. , in the Town of Truckee, County of Nevada,
State of California, bounded and described as follows :
Bounded Westerly by the Easterly line of Lot 9, Block "A" of Donner Village
Subdivision recorded in Book 1 of Subdivisions, page 83 ; bounded Northerly
by the Northeasterly prolongation of the Northwesterly line of said Lot 9,
Block "A" ; bounded Easterly by the Westerly right of way line of Donner
Lake Road and bounded Southerly by the Northerly line of Donner Pass Road
(formerly U. S. Hwy. 40)
APN: 17-170-45
TRACT D-
That parcel of land in the County of Placer, State of California, described
as follows :
A portion of the Southwest quarter of the Southwest quarter (SW 1/4, SW
1/4) of Section Thirteen (13) Township Seventeen (17) North, Range Fifteen
(15) East, Mount Diablo Base and Meridian, described as follows :
BEGINNING at the Southwest corner of Lot Twenty-Two (22) of Southside
Highlands Subdivision No. 2, as recorded in Vol . G of Maps, at page 50 of
Official Records of Placer County on September 20, 1962; thence South
89015 ' West 168 . 50 feet more or less to the Southeast corner of Lot
Twenty-Four (24) of said Subdivision; thence North 233 . 57 feet along the
Eastern boundary of said Lot Twenty-Four (24) to its intersection with Mt .
Judah Drive; thence along the arc of a curve concave to the South whose
radius of 370 . 00 feet, the arc being represented by the chord which bears
North 81029130" East 119.27 feet; thence South 89014 ' East 52 . 03 feet, more
or less, to the Northwest corner of Lot Twenty-Three (23) of the same
Subdivision; thence South 248 .30 feet along the Western Boundary of Lots
Twenty-Three (23) and Twenty-Two (22) of Southside Highlands Subdivision
No. 2 to the point of- beginning.
AP# 069-383-016
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