Loading...
HomeMy Public PortalAbout07 Sackett Street AbandonmentTOWN OF TRUCKEE California RESOLUTION NO. 2001-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE PROPOSED ABANDONMENT OF SACKETT STREET PUBLIC RIGHT OF WAY WHEREAS, Joanie Wenger, on behalf of the Wenger Family, has requested an abandonment for the entirety of the Sackett Street fight-of-way, as outlined in Town of Truckee fight-of-way abandonment application number 00-064/ABN, and; WHEREAS, Carole Sesko has requested an abandonment of 50% of the Sackett Street right-of- way, as outlined in Town of Truckee right-of-way abandonment application number 01-005/ABN, and; WHEREAS, the above applications request abandonment of certain portions of the same piece of property, and; WHEREAS, it is not possible for the Town to abandon the same piece of property to two individual parties NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that the Town adopts this resolution of intention to abandon the Sacker Street fight-of- way subject to thc following conditions being met by the parties requesting the abandonment: That the abandonment of the 2,983 square foot, 40 foot wide, Sackett Street right-of-way be split between Carole Sesko and the Wenger Family, with the easterly 20 feet of the right-of-way, as measured parallel to the High Street fight-of-way, being abandoned to the Wenger Family, and the westerly 20 feet of the right-of-way, as measured parallel to the High Street right-of-way, being abandoned to Carole Sesko. This will require both abandonment applications on file with the Town to be modified, and adherence to the following additional conditions of approval. That a lot line adjustment application be submitted by each applicant to the Town with an application fee of $464.00 each, and that the lot line adjustment be recorded concurrently with the abandonment of the right-of-way. 3. That a record of survey be recorded concurrently with the abandonment of the right-of-way by each applicant that reflects the newly created lot lines and easement locations. 4. That preliminary title reports for each respective abutting parcel be submitted as a part of the lot line adjustment application by each respective party. 5. That existing grant deeds and/or deeds of trust be modified and recorded to reflect the approved resultant parcel legal descriptions for each applicant. 6. That the record of survey create easements for existing and planned future utilities and drainage, subject to the final approval of the Town Engineer. Town of Truckee Resolution 2001-07 Page 2 7. That both property owners provide evidence of property tax payment for the respective abutting parcel involved. 8. That the fair market value of $3.35 per square foot be paid to the Town for the acquisition of the Sackett Street right-of-way, for the respective square footages acquired by each applicant. 9. That both property owners sign a waiver of liability for the Town of Truckee of any potential unknown clouds of title on the respective portions of the Sackett Street right-of-way being acquired by each applicant. 10. That the above actions be completed by each applicant prior to July 15, 2001. NOW THEREFORE, BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOVCN OF TRUCKEE that if either Carole Sesko, or the Wenger Family, or both parties fail to meet the above conditions for abandonment by July 15,2001, then the following will occur: 1. If neither applicant has complied with the above conditions, the option for completing the right-of- way abandonment shall be rescinded. If Carole Sesko fails to meet the above conditions of approval by July 15, 2001, then the Wenger Family shall have the option of acquiring the whole of Sacker St., provided that the Wenger Family meets all above referenced conditions of approval for the entirety of Sacker St., and provided that all conditions are met by September 15, 2001. If the Wenger Family fails to meet the above conditions of approval by July 15, 2001, then Carole Sesko shall have the option of acquiring the whole of Sackett St., provided that she meets all above referenced conditions of approval for the entirety of Sackett St., and provided that all conditions are met prior to September 15, 2001. 4. In no event will a portion of the Sackett St. right-of-way be abandoned to either party with the remaining portion being in public ownership. BE IT FURTHER RESOLVED that the Town Engineer is hereby authorized and directed to coordinate the recordation of this right-of-way abandonment, subject to the conditions herein specified, with the Nevada County Recorder's Office. Town of Truckee Resolution 2001-07 Page 3 The foregoing Resolution was introduced at a Regular Meeting of the Town Council of the Town of Truckee, held on the 15th day of March, 2001 by Councilmember Florian who moved its adoption, which motion being duly seconded by Councilmember Susman was upon roll call carried and the Resolution adopted by the following vote: AYES: Councilmembers Drake, Florian, Schneider, Susman & Mayor McCormack NOES: None ABSENT: None Don McCormack, Mayor ATTEST: