HomeMy Public PortalAbout15 Aquire Right of Way for the State Route 89 Moushole Project TOWN OF TRUGKEE
California
' RESOLUTION 2014-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE
TO REQUEST AUTHORIZATION TO AC(�UIRE RIGHT OF WAY FOR THE SR 89
MOUSEHOLE PEDESTRIAN AND BICYCLE IIVIPROVEMENT PROJECT
WHEREAS, California Streets and Highway Code section 130 authorizes the State of
California, Department of Transportation ("Caltrans") and the Truckee Town Council to enter
into a contract regarding the acquisition, construction, improvement, or maintenance of any
State Route; and �
WHEREAS, the Town of Truckee, by Resolution 2011-17, adopted on May 5, 2011,
entered into a "Cooperative Agreement," dated June 10, 2011, with Caltrans to construct
improvements to the SR 89 Mousehole Pedestrian and Bicycle Improvement Project ("Project")
to provide pedestrian and bicycle facilities along SR 89; and
WHEREAS, the Town agreed, through the Cooperative Agreement between the Town
and Caltrans, to perform all Project work and Right of Way acquisition in accordance to Caltrans
regulations. These regulations stipulate that the Town must pass a resolution by two-thirds vote
to agree to conduct Resolution of Necessity hearings (ref. Caltrans Right of Way Manual, sec.
17.04.09.00); and
WHEREAS, the Project will require that additional right-of-way be acquired from Nevada
County Assessor Parcel Number 18-660-59 along State Route 89 to accommodate a new
pedestrian and bicycle railroad undercrossing; and
WHEREAS, the statute authorizing the Town of Truckee to acquire the real property
rights required for the Project is Government Code section 37350.5. Offers as required under
Government Code section 7267.2 have been made to the owners of record; and
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WHEREAS, if negotiations to acquire the real property rights required'for the Project are
not successful, it may become necessary to conduct a Resolution of Necessity hearing.
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NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Truckee
hereby agrees to seek authorization from Caltrans for the adoption of a Resolution of Necessity
to condemn right of way and if necessary authorize the Town Manager to conduct all the
necessary transactions required to complete the property acquisition.for the project.
The foregoing Resolution was introduced by Council Member Wallace Dee,
seconded by Council Member deRyk Jones, at a Regular Meeting of the Truckee Town
Council, held on the 8th day of April, 2014 and adopted by the following vote:
AYES: Council Member Wallace Dee, Council Member deRyk Jones, Council
Member Brown, and Mayor Flora.
NOES: None.'
ABSENT: Vice Mayor Barr.
Patrick Flora, Mayor �
ATTEST: "
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Judy rice, M , Town Clerk '