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HomeMy Public PortalAbout06 Coggin AbandonmentTown of Truckee Califomia RESOLUTION NO. 2006-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE ABANDONING A PORTION OF THE ACCESS EASEMENT WITHIN LOTS t34, 135, 136, AND 137 OF UNIT 5 OF THE TAHOE DONNER SUBDIVISION (COG61N) WHEREAS, the Town of the Truckcc received a request from the easement interest holder and property owner of Lots 134, 135, 136, and 137 to abandon a portion of the 40' wide access easement located within Lots 134, 135, 136, and 137 of Tahoe Donner Unit 5 (APN 44-410-38, 44-410-37, 44-410-36, 44-410-35); and WHEREAS, environmental review has been conducted in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines and the Town Council has dete;,-~ned 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 the Public Works Director have reviewed the proposed access easement partial abandonment and find the portion of the access easement to be abandoned has not' been used for the purpose for which it was created for the past five years and the 40- fcct width of the access easement is not necessary to provide access to Lots 134, 135, 136, and 137; and WHEREAS, there are no public utility facilities located within the abandoned portion of the access easement and the Town has not received any objections to the proposed reduction of the access easement from any public utility or special district or the Tahoe Donner Association; and WHEREAS, Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code, Section 8335, et seq., provides a procedure for summary vacation of easements; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, The northerly fiftccn-feet of the 40-feet wide access easement is abandoned within Lot 134 of Tahoe Donner Subdivision, Unit 5, of Book 4 of Subdivisions at Page 36, Document No. 1432 on August 23, 1972. The northerly twenty-fcct of the 40-feet wide access easement is abandoned within Lot 135 of Tahoe Donner Subdivision, Unit 5, of Book 4 of Subdivisions at Page 36, Document No. 1432 on August 23, 1972. Town of Truckee Resolution 2005.*06 Page 2 The northerly twenty-~ct of the 40,fcct wide access easement is abandoned within Lot 136 of Tahoe Donner Subdivision, Unit 5, of Book 4 of Subdivisions at Page 36, Document No. 1432 on August 23, 1972. BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, A. It is hereby declared that from and after the date that this Resolution is recorded, the subject access easements as described in Paragraph 1, 2, and 3 no longer constitute an access easement. B. The Town Clerk is hereby instructed to record this Resolution, pursuant to Section 8336 of the Streets and Highways Code. The foregoing Resolution was introduced at a Regular Meeting of the Town Council of the Town of Truckcc, held on the 3rd day of February, 2005 by Council Member Green who moved its adoption, which motion being duly seconded by Council Member Anderson was upon roll call carried and the Resolution adopted by the following vote: AYES: Council Members; Grccn, Anderson, Susmen, Vice Mayor Ingalls and Mayor Threshie NOES: None ABSTAIN: None ABSENT: None ATTEST: Judy Prip, TOw~le~-