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Home My Public Portal About39 Ramp Right of Way Acquistion BarsellTOWN OF TRUCKEE California RESOLUTION NO. 2001- 39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE AUTHORIZING THE MAYOR TO APPROVE THE RIGHT OF WAY LAND ACQUISITION AGREEMENT TO EXPEDITE THE TRUCKEE RAMPS PROJECT WHEREAS, the Department of Transportation is constructing the 267 Bypass which will include reconfiguration of the 89/267 off ramps; and WHEREAS, right of way land acquisition from the Barsell property is necessary in order to facilitate eastbound off-ramp construction; and WHEREAS, it is necessary for the Town to accomplish this acquisition and dedicate the acquired fee title property to Caltrans and the acquired utility easement to Sierra Pacific Power Company. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that the Town Council does herby authorize the Town Manager and Town Attorney to enter into and execute the attached Land Acquisition Agreement dated July 30, 2001 with Peoria- Sunnyside, LLC for the purpose of dedicating acquired property to Caltrans District 3 and Sierra Pacific Power Company. The foregoing Resolution was introduced at a Regular Meeting of the Town Council of the Town of Truckee, held on the 2'd day of August, 2001 by Councilmember Florian who moved its adoption, which motion being duly seconded by Councilmember Schneider was upon roll call carried and the Resolution adopted by the following vote: AYES: Councilmembers Florian, Owens, Schneider, Susman & Mayor McCormack NOES: None ABSENT: None Don McCormack, Mayor ATTEST: Platt Osbo~me,'~MC, Town Clerk LAND ACQUISITION AGREE1VfENT This agreement ("Agreement"), dated to be effective July 30, 2001 ("Effective Date"), is entered into between Peoria-Sunnyside, LLC ("Owner"), a limited liability company authorized to conduct business in California and the Town of Truckee, a municipal corporation of the State of California ("Town"). A. RECITALS A. Owner is the owner of a parcel of real estate in the Town of Truckee, Nevada County, California, which includes an area of approximately .687 acres which is the subject of this agreement (the "Property"). A legal description of the Property is attached hereto, marked Exhibit A. B. An overhead utility easement crossing the Property (the "Easement") consisting of approximately .04 acres is also to be acquired under tiffs agreement, as is aright of reasonable access to Owner's property as required to construct the freeway ramps and related improvements for which the Property and Easement are being acquired. Any such right of access shall extend only until December 3 l, 2002 and shall terminate at that time. C. Town wishes to obtain the Property for purposes of constructing freeway ramps. A true and correct diagram depicting the freeway ramps to be constructed is attached as Exhibit B. D. Other property of Owner in the vicinity of the Property may benefit fi-om the creation and ex/stence of the freeway ramps. E. Town desires, if possible, to obtain the Property through the use of traffic mitigation fee credits against fees which would be levied against future development by Owner or, in the alternative, for a cash payment in the amount of the appraisal attached as Exhibit C, under the terms and conditions set forth in this Agreement. B. CONSIDERATION AND SPECIFIC TERaMS For and in consideration of the mutual promises herein exchanged, Owner and Town agree as set forth below. 1. Closing/Title. Owner shall convey the Property to Town on or before September 3, 2001 (the "Closing"). Escrow has been opened at First American Title, Truckee, California for that purpose and a preliminary title report covering the Property has been ordered by Town. The Property shall be flee and clear of debt at closing and shall contain only the exceptions to .%' fee simple title which are acceptable to Town ("Approved Exceptions") Town shall determine whether there are any unapproved title exceptions and give Owner written notice of any disapproved exceptions within ten (10) working days alter receipt by Town of the preliminary title report issued by First American Title. Owner shall remove any disapproved exceptions or Town may elect to accept the Property with any such exception il'Owner does not agree to remove the exception. Ifa boundary line adjustment or other similar action is required to create a parcel which can be separately conveyed, Town shall process and complete the necessary procedures prior to the Closing at its expense. 2. Purchase Phce. The purchase price for the Property, the Easement, and the incidental fight of access shall be $185,225 (One Hundred Eighty-Five Thousand Two Hundred Twenty-Five Dollars) the appraised value of the Property as set forth in Exhibit C. At Owner's option which shall be exercised in writing delivered to Town and the escrow offices not later than August 24, 2001, Owner may receive cash or Town traffic impact fee credits in the mount of the purchase price. Provided, however, if Owner elects to have Town construct the ingress and egress to the Property fi:om Highway 267, as depicted on Exhibit B, then the purchase price or traffic mitigation fee credit due Owner shall be reduced by the full cost to Town of constructing such improvements. The presently est/mated cost of constructing the improvements is $75,473.00. Owner shall also deliver notice of any such election to Town and the escrow officer on or before- August 24, 2001. 3. Closing Costs. Ail title or escrow services costs, title insurance premiums, transfer fees and other closing costs, if any, shall be paid by Town. 4. Condition of Property/"As Is" Sale. A Phase II Environmental Report has been prepared on the Property and is attached as Exhibit D. Town will conduct its own investigation and inspection of the Property and will provide a copy of the report to the California Department of Transportation (which will ultimately own the Property) for its review. Town shall notify Owner on or before August 20, 2001 if it and the State of California is prepared to accept the Property in "as-is" condition. C. GENERAL TERMS 5. Entire A.m'eernent. This Agreement contaius the entire agreement of the parties with reepect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 6. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties and shall notbe assigned by Owner without the prior written consent of Town, which consent shall not be unreasonably withheld. 7. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevaihng party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 8. Governing Law and Interpretation. This Agreement shall be governed by and co~tmed under the laws of the State of Callfomia. No litigation may be instituted by either party until the parties have met and conferred over any disputed issues and have sought mediation of the dispute under mutually agreeable terms and conditions. Jurisdiction and venue for any litigation between the parties shall be the Superior Court of Nevada County, California. Both parties to this agreement have been represented by counsel during its negotiation, no presumption shall arise from the identity of the drafter. 9. Time of Essence. Time is of the essence for each and every provision of this Agreement. 10. Delivery of Notices. Ail notices permitted or required under this Agreement shall be deemed made when delivered to the applicable parvfs representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Town: Owner. Town of Truckee 10183 Truckee Ah-port Rd. Truckee, CA 96161 pe°ria-Sunnyside, LLC P.O. Box 9520 Rancho Santa FE, CA 92067 Arm: Steve Wright Arm: Richard Barsell Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, fast class postage prepaid, remm receipt requested and addressed to the party at its applicable address. 11. Binding on Successors. This Agreement shall be binding upon and shall constitute an ongoing obligation of any successor in interest of Owner of whatever form. IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first hereinabove written. TOWN OF TRUCKEE APPROVED AS TO FOKM: OWNER: Peom-Sunnyside, LLC By: Richard Barsell Managing Member Exhibit A Property Name Property Location Assessor's Parcel Number Legal Description Owner of Record Property Shape Dimension of Property Interstate 80 Frontage State Route 267 Frontage Southwest Property Line West Property Line North Property Line Land Area Whole Subject Property Right-of-Way Take Area Proposed Easement Area Proposed Truckee Town Center Southwest Comer °flnterstate 80 and California State Route 267, Truckee, California 19-420-13 A portion 0of the Southwest one-quarter of Section I 1, Township 17 North, Range 16 East, M.D.M., Nevada County, California Peeria-Surmyside, LLC, an Arizona Limited Liability Company Irregular 1,206.88+/- feet 1,242.11+/- feet 93.04+/- feet 423.40+/- feet 441.90+/- feet I 1.036+/- acres .687+/- acres .04+/- acres IT&TI OF C:ALIFORHIA DEPARTMENT OF TRAN8PORTATION PROJECT PLA~-8 FOR CO.STRUCTIO" ON ST ATE HIGHW A Y IN NEVADA COUNTY IH THE TOWH OF TRUCKEE FROM THE TROUT CREEK OVERCROSSING TO ROUTE 80/267/89 SEPARATION TRUCKEE RAMPS CONSTRUCTION CHANGE ORDER