HomeMy Public PortalAbout02 Rossetti Quitclaim of an Easement 14807 Denton Avenue Town of Truckee
California
RESOLUTION 2013-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE
AUTHORIZING THE QUITCLAIM OF A PUBLIC UTILITY EASEMENT AND A
SETBACK REQUIREMENT ON 14807 DENTON AVENUE
ASSESSOR'S PARCEL NUMBER 17-330-16
(Robert Rossetti and Jenifer Rossetti)
WHEREAS, the Town of Truckee has received an application requesting the Town to
• abandon a ten-foot wide public utility easement and a twenty-foot wide light and air setback, both
established as subdivision map conditions and located along the entire frontage of Lot 9 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 (the "Subject Property"); 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 15061(b)(3) of the CEQA Guidelines; and
' WHEREAS, the Community Development Director and Town Engineer have reviewed the
request for abandonment of the public utility easement and setback and find the easement in
question has not been used for the purpose for which it was dedicated or acquired for at least five
consecutive years preceding the requested vacation, and the easement is not necessary for present
or prospective use; and
WHEREAS,there are no public utility facilities located within the easement to be abandoned;
and
WHEREAS,the easement was granted to"the Power and Telephone Utilities,"rather than to
the County of Nevada, the Town's predecessor in interest, and as a result the Town lacks authority
to completely abandon the easement, but is willing to quitclaim to the property owner any interest in
the easement subject to certain conditions as set forth below; and
WHEREAS, the current zoning for the property which is the subject of the request for
abandonment of the easement and setback requires a twenty-foot front setback but allows for
variances from this requirement under certain conditions, so that abandonment of the setback
requirement established by a subdivision map condition will not create any inconsistency with
' existing zoning and the zoning-based setback requirements will still apply;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TRUCKEE as follows:
1. The Town Council hereby adopts the recitals set forth above as its findings in
connection with this resolution.
2. Upon the satisfaction of the condition set forth below in paragraph 4, Town staff are
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hereby authorized and directed to execute and record in the official records of Nevada County,
California a document quitclaiming to the property owners any interest the Town may have in the
twenty-foot light and air setback on the Subject Property, or in the easement located along the north
property boundary of the Subject Property.
3. The Town Council's action herein shall not, and shall not be deemed to, diminish or
otherwise affect any rights that may be held by the Truckee Donner Public Utility District, AT&T,
and/or any other public entity or public utility with respect to the easement.
4. As a condition precedent to recordation of the document described in paragraph 2
above, an agreement in a form satisfactory to the Town Attorney and binding Robert Rossetti,
Jenifer Rossetti, and their successors in interest as owners of the Subject Property to defend,
indemnify and hold harmless the Town against claims and damages arising out of the abandonment
of the setback and/or disclaimer of interest in the easement shall be recorded in the official records
of Nevada County, California. This condition shall be satisfied not later than January 31, 2013, or
the authority and direction to Town staff in paragraph 2 above shall be deemed rescinded.
The foregoing Resolution was introduced by Council Member Barr, seconded by
Council Member Flora at a Regular Meeting of the Truckee Town Council, held on the 8th day
of January, 2013 and adopted by the following vote:
I
AYES: Council Member Barr, Council Member Flora, Council Member Brown,
Council Member deRyk Jones, and Mayor Wallace Dee.
NOES: None.
ABSENT: None. ��J
C rolyn Wallace Dee, Mayor
ATTEST:
..ad _ . . :-
Judy 'rice, MMC, own Clerk