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HomeMy Public PortalAbout35 Easement Abandonment SchelliTOWN OF TRUCKEE California RESOLUTION NO. 2000-35 A RESOLUTION OF INTENTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE TO VACATE A PORTION OF THE SOUTHEAST RIVER STREET RIGHT-OF-WAY LOCATED WITHIN DOWNTOWN TRUCKEE (PRATT-SHELLING) WHEREAS, the Town of Truckee has received a request to vacate and abandon approximately 4120 square feet of land within the Southeast River Street right-of-way located within Downtown Truckee to be consolidated with the adjoining parcels (APN 19-140-01 and 02, Pratt-Shelling); WHEREAS, the Directors of Public Works, Engineering and Community Development have reviewed the proposed vacation and find the subject portion of Southeast River Street right-of-way unnecessary 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 street right-of-ways; WHEREAS, there is a finding that this portion of the Southeast River Street fight-of-way has not been developed for road purposes and with the vacation of said land, adequate fight-of-way width is retained for future planned pedestrian and roadway improvements; WHEREAS, the value of the 4120 square foot portion of the Southeast River Street fight-of-way shall be determined by a professional appraisal and transferred to the owner based upon this determined value via an exchange for cash or specific streetscape improvements or other public benefit improvement with equivalent value as determined by the Town Engineer and Community Development Director and approved by the Town Council by subsequent resolution; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that Intends to vacate and abandon approximately 4120 square feet of land within the Southeast River Street right-of-way located in Downtown Truckee as shown on Exhibit A; Prior to the adoption of a Resolution of Summary Vacation the applicant / owner (Pratt- Shelling) shall be responsible for: · the preparation of a transferring and resultant parcel legal description, associated grant deeds, and surveyed plat to be approved by the Town Council. · the preparation of a professional appraisal to determine the fair market value of the right-of-way area based upon a commercial land value. · obtaining the required land use approval for a specific development project for the two involved parcels and issuance of the related building permit for the structure. · the concurrent creation of a public utility easement to the satisfaction of the Sierra Pacific Power Company correlating with the existing overhead power lines and related facilities. · obtaining title insurance for the property to be conveyed. · modification to any applicable Deeds of Trust. Town Council Resolution 2000-35 · surety and commitment to complete the project (ie: loan commitment) to the satisfaction of the Town Engineer. · preparation and Town Engineer approval of professionally prepared engineered improvement plans detailing the finished Southeast River Street streetscape. The foregoing Resolution was introduced at a Regular Meeting of the Town Council of the Town of Truckee, held on the 20~ day of July, 2000 by Councilmember Drake who moved its adoption, which motion being duly seconded by Councilmember Florian was upon roll call carried and the Resolution adopted by the following vote: AYES: Councilmembers Drake, Florian, and Mayor Pro Tempore McCormack NOES: None ABSENT: ABSTAIN: Mayor Schneider Councilmember Susman ATTEST: Vicki C. soderquist, CMC-~-E Town Clerk k.ff ~o Tempore Proposed 20' (deep) x +/-206' (long) Right-of-way abandonment Attachment ! - Right-of-way Abandonment Exhibit and Conceptual Site Plan