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HomeMy Public PortalAbout03 Easement Abondonment Joel Sherman Town of Truckee California RESOLUTION NO. 2012 -03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE FOR AN EASEMENT ABANDONMENT ON ASSESOR'S PARCEL NUMBER 17- 301 -34 (Joel Sherman) WHEREAS, the Town of Truckee has received an application requesting approval of a ten foot wide public utility easement and a twenty foot wide Tight and air setback abandonment lying entirely within Lot 4 of the Donner Heights Subdivision Unit No. 1, as per map filed for record September 23, 1960 in Book 1 of Subdivisions, at page 125, in the Recorders Office of Nevada County, California, located in Section 13, Township 17 North, Range 15 East, M.D.M, subject to the following conditions being met by the applicant/owner Joel Sherman; 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 15305(a) of the CEQA Guidelines; and WHEREAS, there are no in -place public utility facilities located in the easement to be abandoned that are in use or would be affected by the abandonment and the Town has not received any objections to the proposed easement abandonment from any public utility or special district; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that the Town adopts this resolution to abandon the ten foot wide public utility easement located along the north property boundary and the twenty foot light and air setback located along the north property boundary within Lot 4 of the Donner Heights Subdivision Unit No. 1, as per the map filed on September 23, 1960 in Book 1 of Subdivisions, at page 125, in the Recorders Office of Nevada County, California, located in Section 13, Township 17 North, Range 15 East, M.D.M, subject to the following conditions being met by the applicant/owner Joel Sherman requesting the easement and light and air setback abandonment: 1. An Indemnification Agreement between Joel Sherman and the Town of Truckee is recorded in the official records of Nevada County, California prior to issuance of any grading or building permits on APN 17- 301 -34. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that if the applicant/owner Joel Sherman fails to meet the above conditions for abandonment by January 30, 2014, the intention to abandon will become null and void. BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to record this resolution of abandonment the Nevada County Recorder's Office upon the applicant's compliance with the above conditions. * * * ** The foregoing Resolution was introduced by Vice Mayor Green, seconded by Council Member Wallace Dee, at a Regular Meeting of the Truckee Town Council, held on the 19 day of January, 2012 and adopted by the following vote: AYES: Council Members; Brown, Wallace Dee, Vice Mayor Green, and Mayor deRyk Jones. NOES: None. ABSENT: Council Member Anderson. 4 .c.,-____ _......., , , Joan ��= y k Jones, May • ATTEST: :.-° Judy rice, M , Town Clerk Attachments: