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Home My Public Portal About43 Public Utility Easement 10329 Jeffrey Way Town of Truckee California RESOLUTION 2018-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE ABANDONING A 64 SQUARE FOOT PORTION OF A PUBLIC UTILITY EASEMENT ON 10329 JEFFREY WAY ASSESSOR'S PARCEL NUMBER 16-500-43 (RANDY HOOD) WHEREAS,the Town of Truckee has received an Easement Abandonment application from Randy Hood to abandon a 64 square foot portion of an eight-foot wide public utility easement along the northern side yard property boundary to allow for construction of a residential addition located at 10329 Jeffrey Way;APN 16-500-43; or Lot 83 on the Processer Lakeview Estates Subdivision Map, Book 4, Page 12 in the Recorders Office of Nevada County, California; and WHEREAS, environmental review has been conducted in accordance with the California Environmental Quality Act(CEQA) 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/Public Works Director have reviewed the proposed abandonment of a 64 square foot portion of an eight-foot wide public utility easement located on the northern side yard property line at 10329 Jeffrey Way and find there is not a public interest in the easement in question,the easements have not been used for the purpose for which they were dedicated or acquired for five consecutive years immediately preceding the requested vacation, and the easements are not necessary for present or prospective use; and WHEREAS, public utilities and special districts providing utility services have been notified of the requested abandonment and have either abandoned their respective interests or authorized the Town to do so; and WHEREAS,there are no in-place,public utility facilities located in public utility 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 overhead wire and conduit 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 upon satisfaction of all conditions set forth below,the Town shall abandon any and all interest in the following: i) A 64 square foot portion of an eight-foot wide public utility easement along the northern side yard property line, as shown within Exhibit A, located at 10329 Jeffrey Way; APN 16-500-43; or Lot 83 on the Processer Lakeview Estates Subdivision Map, Book 4, Page 12 in the Recorders Office of Nevada County, California; and BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that the abandonment of the public utility easement contemplated herein is subject to the following conditions being met by the applicant: 1. A plat map shall be prepared by a licensed land surveyor and shall be reviewed and Council Resolution 2018-43 Page 2 approved by the Town Engineer. The plat map shall show the 64 square foot portion of the eight-foot public utility easement to be abandoned by the adoption of this resolution. The plat map shall comply with all requirements of the Town Engineer and Nevada County Recorder and shall be integrated into this resolution as Exhibit A. 2. The applicants shall provide the Town with an executed copy of the Indemnity, Hold Harmless and Defense Agreement attached hereto as Exhibit B. 3. Concurrent with recordation of this resolution for the public utility easement abandonment, Community Development staff shall cause the requested lot line adjustment to be recorded. BE IT FURTHER RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE that if the conditions listed above for the Easement Abandonment have not been satisfied by June 12, 2020, the conditional approval granted by this resolution shall become null and void without further action by the Town Council being required. BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to coordinate the recordation of this resolution upon satisfying that the above-mentioned conditions have been met. The foregoing resolution was introduced by Council Member Goodwin,seconded by Council Member Abrams, at a regular meeting of the Truckee Town Council, held on the 12th day of June, 2018 and adopted by the following vote: AYES: Council Member Goodwin, Council Member Abrams and Council Member Flora. NOES: none. ABSENT: Vice Mayor Tirman and Mayor Wallace Dee. ,'W Flora, Presiding Officer ATTEST: Judy Pr' e, MMJ , own Clerk Attachments: Exhibit A— Draft Easement Abandonment Plat Map Exhibit B — Indemnity, Hold Harmless and Defense Agreement Council Resolution 2018-43 Page 3 ' COUNCIL RESOLUTION 2018-43 EXHIBIT "A" (see attached) Sage Land Surveying, Inc. I \I) st.RvI.l'IN(;• ICS1 \(.I\III4I\(. IMPA • _ �.f .. 10049 Meru.\`alla•a Rd. • Ceti' A • Iivakrc.Ca 96161 • sS(1.55(1.8(IA[. • _ Date: May 18, 2018 JN. 17133 EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT ABANDONMENT NO. 2018-00000064/ABN Being an abandonment of a portion of an eight foot(8')wide Public Utility Easement designated as number 2 in the Owner's Statement for Prosser Lakeview Estates Unit No. 5,as per map filed for record in Book 4 of Subdivisions at Page 12 of Nevada County Records, State of California,lying on, over, under and across a portion of Lot 83 of said Prosser Lakeview Estates No. 5,the exterior limits of which are more particularly described as follows: 111 Commencing at the most Northerly Corner of said Lot 83 of Prosser Lakeview Estates No. 5;thence South 41°49'27"West 73.00 feet on the Northwesterly Line of said Lot 83;thence leaving said Northwesterly Line South 48°10'33"East 6.00 feet to the True Point of Beginning(TPOB);thence South 48°10'33"East 2.00 feet to a point of intersection with the Southeasterly line of said eight foot(8')wide Public Utility Easement; thence South 41°49'27"West 32.00 feet on said Southeasterly Line;thence leaving said Southeasterly Line North 48°10'33"West 2.00 feet:thence North 41°49'27"East 32.00 feet to the TPOB, containing 64 square feet more or less. End of Description The Basis of Bearings for the above description is Prosser Lakeview Estates Unit No. 5 recorded in Book 4 of Subdivisions at Page 12, Nevada County Records. See Exhibit"B" attached to and made a part hereof. Prepared by: �•rif c o---- Eric C. Sage APPROVED P.L.S. 8828 Exp. 12/31/19 ANO S�9` T � RUC E TOWN SURVEYOR �`� o " ERIC C. LS G��`3_ SAGE * No.8828 • 572, Zoe t3 (PA Q- r, CAO°P? SHEET 1 OF 2 I Sage Land Surveying Inc. PLAT TO ACCOMPANY LEGAL DESCRIPTION I PUBLIC UTILITY EASEMENT ABANDONMENT — 10049 Mortis Volley Rd. Unit A Truckee, CA 96161 LYING WITHIN A PORTION OF LOT 83 PROSSER LAKEVIEW I EASTATES UNIT NO.5 IN BK. 4 SUB AT PG. 12 N.C.R. (530) 550-8006 SITUATE WITHIN A PORTION OF SEC.35, T.18N., R.16E., M.D.M. DATE! 5-18-18 JN. 17133 TOWN OF TRUCKEE NEVADA COUNTY CALIFORNIA SCALE ,~=30' EXHIBIT B #2018-00000064/ABN LINE TABLE LINE LENGTH BEARING POC \` L1 73,00' S41°49'27'W NORTH CORNER L2 6,00' S48°10'33'E •LOT 83 `\� L3 2.00' S48°10'33'E L4 32.00' S41°49'27'W // & \, L5 2,00' N48°10'33'W // g8. N L6 32.00' N41°49'27'E o0 // �c?0" ` \ / \ I et '•,, / 6o ', LSI' 82 / .00. ( �/ / TPOB �.�' <c3 • ��,•,� o LOT 83 �A cos' •.:34, .cb \/ ti O ® = AREA TO BE ABANDONED e' f; CONTAINING 66± SQ. FT. 06 / PUE = PUBLIC UTILITY EASEMENT 03' \ / < POC = POINT OF COMMENCEMENT 's, \ // ' TPOB = TRUE POINT OF BEGINNING / LOT 694...coct1....c..NS..• / \8- Aho ,9,., ;cif f �e\- o, Pa o1' -.'j P.L.S. 8828 '° 30 '7 *iEXPIRES i*� DEC. 31, 2019 V L(YF 84 ' LOT 68 '-,41'F_c',� � • - .-�- SHEET 2 OF 2 Council Resolution 2018-43 Page 4 COUNCIL RESOLUTION 2018-43 I EXHIBIT "B" (see attached) Recording Requested By: and Return to: Town of Truckee Judy Price, Town Clerk 10183 Truckee Airport Road Truckee CA 96161 Exempt from recording fees per Government Code Section 27383 TOWN OF TRUCKEE INDEMNITY, HOLD HARMLESS, AND DEFENSE AGREEMENT This Indemnity, Hold Harmless and Defense Agreement ("Agreement") is made and entered into this day of , 2018, by and between the Applicant, hereafter called "Owner" and the Town of Truckee, a municipal corporation of the State of California, hereafter called "Town". Section 1. Recitals. A. Owner of 10329 Jeffrey Way, Truckee, CA (APN 16-500-43) ("the Parcel"), as described in the legal descriptions attached as Exhibit A. B. Owner wishes to abandon a 64 square foot portion of an eight-foot wide public utility easement along the northern side yard property line to allow for construction of a residential addition located at 10329 Jeffrey Way. C. The parcel is burdened by two eight (8) foot wide public utility easements on the side yard property lines as shown on the Prosser Lakeview Estates Subdivision Map. D. Abandonment of the 64 square foot portion of the northern public utility easement will have no affect on the Town's or public's interest. E. Notice was provided to all parties with a recorded interest in the public utility easement and no objections were received at the hearing called for that purpose before the Town Council. F. As a condition of issuing any such approval, however, Town needs to be assured that in the event a claim of right is made by any person or entity regarding or as a result of the dedications, the Town will be held harmless and indemnified from any such claim, including payment of any attorneys and expert witness fees the Town may incur in defense of any such claim. Section 2. Consideration and Specific Terms. For and in consideration of the promises herein exchanged Town and Owner mutually agree as follows: 111To the maximum extent allowed by law, Owner shall, at its own expense, defend, indemnify, and hold Town, its officials, officers, employees and agents free and harmless from any and all suits, claims, damage or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of the Town, its agents, or employees, in connection with the Owner's easement abandonment application and/or the Town's partial abandonment of the Easements specifically including, but not limited to, any such claims, suits, damages, or injury arising from any alleged ownership or other interests as described above, including without limitation the payment of reasonable attorney and expert witness fees incurred in any defense of the Town. Section 3. General Provisions. This Agreement shall be governed by and construed with the laws of the State of California. Any action to interpret or enforce this Agreement shall be brought in the Truckee branch of the Nevada County Superior Court. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or illegal shall in no way affect, impair or invalidate any other provisions of this Agreement, and such other provisions shall remain in full force and effect. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by writing signed by both parties. This Agreement shall be interpreted as if jointly prepared by the parties. No presumption shall arise from the identity of the drafter. Each party warrants to each other that the individual signing this Agreement on behalf of such party is fully authorized to bind such party and agrees to be bound by this Agreement as of the effective date of this Agreement. This Agreement has been created exclusively for the benefit of the signators and no rights are created in any third party by entry into this Agreement. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: TOWN: APPLICANT: Town of Truckee Randy Hood 10183 Truckee Airport Road 10329 Jeffrey Way Truckee, CA 96161 Truckee, CA 96161 Attn: Town Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid, return receipt requested and addressed to the party at its applicable address. Section 4. Successors and Assigns. This Agreement shall run with the land and shall be binding upon the heirs, assigns, subsequent purchasers and any other successors in interest. Section 5. Recordation. This Agreement shall be recorded in the official records of Nevada County, California. IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the dates set forth below. TOWN OF TRUCKEE DATED: Jeff Loux, Town Manager APPROVED AS TO FORM: DATED: Andrew Morris, Town Attorney Town of Truckee ' APPLICANT DATED: Randy Hood 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Nevada On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Nevada On _ before me, personally appeared who proved to me on the basis of satisfactory evidence to be the persons(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 111 Signature of Notary