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HomeMy Public PortalAbout31 Public Utility Easement AbandonmentTown of Truckee California RESOLUTION NO. 97-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE APPROVING THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OF A PUBLIC UTILITY EASEMENT WITHIN LOT 229 OF UNIT 5 OF THE PROSSER LAKEVIEW ESTATES SUBDIVISION WHEREAS, the Town of Truckee has received a request to vacate and abandon a portion of a public utility easement located along the northwestern property line of Lot 229 of Unit 5 of the Prosser Lakeview Estates Subdivision (APN 16-480-49); 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 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, that portion of the easement to be abandoned has not been used or has not been necessary for the purposes for which it was dedicated or acquired for five consecutive years immediately preceding this proposed vacation and abandonment; WHEREAS,the Community Development Director have reviewed the proposed vacation and abandonment and find that portion of the easement to be vacated and abandoned is no longer necessary for public purposes; 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, 1. The public utility easement located along the northwestern property line of Lot 229 of Unit 5 of the Prosser Lakeview Estates Subdivision is hereby summarily vacated and abandoned except for those portions of the easement within twenty (20) feet of the property line fronting Lilac Court and within eight (8) feet of the western property line which shall not be vacated or abandoned. 2. It is hereby declared that from and after the date that this Resolution is recorded, the subject easement as described in Paragraph 1 no longer constitutes a public easement; 3. 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 Truckee, held on the 18th day of September, 1997 by Councilmember Susman who moved its adoption, which motion being duly seconded by Councilmember Carpenter was upon roll call carried and the Resolution adopted by the following vote: AYES: Councilmembers Carpenter, Florian, McCormack, Susman & Mayor Drake NOES: None ABSTAIN: None Robert Drake, Mayor ATTEST: Stephen L.'~Vrig'fi~, To~'