HomeMy Public PortalAbout18 Hekking and Borton Abandonment Town of Truckee
California
RESOLUTION NO. 2004-18
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE FOR AN
ABANDONMMENT OF A PUBLIC UTILITY EASEMENT ON
112470 AND '12490 FALCON POINT PLACE
ASSESSOR'S PARCEL NUMBER 45-670-01 AND 45-670-02
(ROBYN HEKKING AND JERRY BORTON)
WHEREAS, the Town of Truckee has received an application from Jerry Borton and
Robyn Hekking requesting approval of a abandonment of a 5-foot Public Utility Easement,
along the southern property boundary of Lot #509, of Tahoe Donner, Unit No. 9, and
approval of an abandonment of a 5-foot Public Utility Easement along the northern
property boundary of Lot #508, recorded in Book 4 of Subdivisions, page 55, in the
Recorders Office of Nevada County, California; and
WHEREAS, environmental review has been conducted in accordance with the
California Environmental Quality Act (CEQA) and the CEQA Guidelines and the Town
Council have determined the project will not have a significant impact on the environment
and is exempt from environmental review in accordance with Section 15061 (b)(3) of the
CEQA Guidelines; and
WHEREAS, the Community Development Director, Town Engineer and Public
Works Director have reviewed the proposed abandonment of the two, 5-foot, Public Utility
Easements and find the easements in question have not been used for the purpose for
which they were dedicated or acquired for five consecutive years immediately preceding
the requested vacation, and the easements are not necessary for present of prospective
use; and
WHEREAS, the Community Development Director, Town Engineer and Public
Works Director have reviewed the proposed abandonment of the two, 5-foot,Public Utility
Easements and find the easements will be superseded by relocation upon compliance with
the conditions of approval; and
WHEREAS, the Public Utility Easements have not been used for the purpose for
which they were created; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TRUCKEE that the Town abandons any and all interest in the 5-foot Public
Utility Easement along the southern property boundary of Lot #509 of Tahoe Donner, Unit
No. 9, and the 5-foot Public Utility Easement along the northern property boundary of Lot
#508, exclusive of the Public Utility easements along the eastern and western property
boundaries of both lots, recorded in Book 4 of Subdivisions, page 55, in the Recorders
Off'ice of Nevada County, California; and
BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TRUCKEE that this approval is subject to the following condition being met by the
applicants Jerry Borton and Robyn Hekking requesting the abandonment of two, 5-foot
Public Utility Easements:
· The property owners shall grant a new Utility Easement for the sewer lateral
lines. The language, location and width of the easement shall be approved by
the TSD and evidence of TSD approval and recordation of the easement with
the Nevada County Recorder's Office shall be submitted to the Town Planner
prior to the recordation of Resolution No. 2004-18.
BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and
directed to coordinate the recordation of this resolution upon satisfying that the above-
mentioned condition has been met.
The foregoing Resolution was introduced by Council Member FIorian, seconded by
Council Member Ingalls at a Regular Meeting of the Truckee Town Council, held on the
17th day of June, 2004 and adopted by the following vote:
AYES: Council member Florian, Ingalls, Owens, Vice Mayor Threshie, and
Mayor Susman
NOES: None
ABSTAIN: None ?' '~
Joshua J. Susman, Mayor
ATTEST:
Judy P~ce, T~n (~lerk
Attachments: