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: