HomeMy WebLinkAboutRES 2008-26 - Board w' TRUCKEE O s
Resolution No. 2008- 26
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 2001-09, adopted by the District on May 2,
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 restricted such that there shall
never be any improvement nor occupancy thereon nor the requirement of water service,whatsoever;
and
WHEREAS the District determines that, based on the above findings,certain assessment confirmed
in Resolution 2001-09 should be repealed; and
WHEREAS all resolutions or other actions adopted by the Board of Directors that are inconsistent
with this ordinance shall be repealed insofar as they are inconsistent.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT AS
FOLLOWS:
A. "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 is formally and
duly organized as a nonprofit mutual benefit corporation,and consists of owners within a duly
formed and existing association.
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,which may be permitted by another agency, and 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
1 Resolution 2008-26
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.
B. COMMON AREA EXEMPTED FROM ASSESSMENT
1. A parcel of land within the Donner Lake Assessment District,which is or has been restricted
such that it meets the definition of"Common Area"as set forth herein will be exempted. See
Exhibit "A".
C. 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 or structures are erected or uses made which are
not included on the list of approved structures and uses, 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.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the 6th day of August 2008 by the following roll call vote:
AYES: Director Aguera, Hemig, Taylor and Thomason
NOES: None
ABSENT: Director Sutton
ABSTAIN: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
tt .
ATTEST:
Ii 4-
Michael D. Holley, District Clerk
2 Resolution 2008-26
Exhibit A - Donner Lake Common Area Exemptions
Donner Lake Vista Homeowners Donner Lake Village
17-160-37 17-460-18
Donner Lake Woods Homeowners Donner Lake Property Owners
17-080-19 17-230-01
17-080-25
Donner Lakeside Landing Homeowners The Hallberg Donner
17-160-38 17-170-36
Donner Pines East Donner Pines West
18-780-01 17-450-36
18-780-02
Donner Tract
17-320-02
17-320-13
17-420-08
17-420-34
17-420-35
17-420-36
17-420-37
17-420-38
17-420-39
17-420-40
17-420-41
17-420-42
17-430-02
17-430-09
17-430-14
17-430-15
Tinker's Landing
18-352-27
Wolfe Estates Property Owners Assoc
17-500-11
17-500-13
17-500-18
17-510-10
17-520-25
17-520-30
1