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Home My Public Portal About61 Vu Easement Abandonment Town of Truckee California RESOLUTION 2021-61 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE RELEASING TOWN INTEREST IN A 2,400 SQ. FT. PORTION OF AN ACCESS EASEMENT ON 12939 STOCKHOLM WAY; ASSESSOR’S PARCEL NUMBER 046-450-010-000 (OWNER: JOHN VU AND KIM TROUNG) WHEREAS, the Town of Truckee has received an Easement Abandonment application from John Vu and Kim Troung to abandon a 30-foot-wide portion of the access easement located along the northwest (front) property boundary to allow for the construction of a garage, located at 12939 Stockholm Way (APN 046-450-010-000); or Lot 166 on the Tahoe Donner Unit 6 Subdivision Map, Book 4, Page 34 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 the 30-foot-wide portion of an access easement located along the northwestern (front) property line of 12939 Stockholm 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 easement is not necessary for present or prospective use; and WHEREAS, property owners with interest in the access easement have been notified of the requested abandonment and have either abandoned their respective interests or authorized the Town to do so; and WHEREAS, no other public utility agencies and special districts have an interest in this easement; 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) The 30-foot portion of the access easement located along the northwestern (front) property boundary, as shown within Exhibit A, located at 12989 Stockholm Way (APN 046-450-010-000); or Lot 166 on the Tahoe Donner Unit 6 Subdivision Map, Book 4, Page 34 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 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 approved by the Town Engineer. The plat map shall show the 30-foot-access DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C Council Resolution 2021-061 Page 2 easement to be abandoned. 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 C. 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 November 9, 2023, 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 Vice Mayor Henderson, seconded by Council Member Polivy, at a regular meeting of the Truckee Town Council, held on the 9th day of November 2021 and adopted by the following vote: AYES: Vice Mayor Henderson, Council Member Polivy, Council Member Romack, Council Member Zabriskie, and Mayor Klovstad. NOES: none. ABSTAIN: none. _________________________________ Anna Klovstad, Mayor ATTEST: __________________________ Judy Price, MMC, Town Clerk Attachments: Exhibit A – Draft Easement Abandonment Plat and Legal Description Exhibit B – Indemnity, Hold Harmless and Defense Agreement DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C Council Resolution 2021-061 Page 3 COUNCIL RESOLUTION 2021-61 EXHIBIT "A" APPLICATION NO. 2021-00000034/ABN VU EASEMENT ABANDONMENT DRAFT PLAT MAP AND LEGAL DESCRIPTION (see attached) DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C Council Resolution 2021-061 Page 4 COUNCIL RESOLUTION 2021-061 EXHIBIT "B" APPLICATION NO. 2021-00000034/ABN VU EASEMENT ABANDONMENT INDEMNITY, HOLD HARMLESS AND DEFENSE AGREEMENT DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C 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 ______________, 2021, by and between John Vu and Kim Truong (collectively, “Owner”) and the Town of Truckee, a municipal corporation of the State of California, hereafter called “Town”. Section 1. Recitals. A. Owner is the owner of 12939 Stockholm Way, Truckee. CA (APN 046-450-010-000) (“the Parcel”), as described in the legal descriptions attached as Exhibit A. B. The Parcel is burdened by a 30-foot access easement along the northwestern (front) property boundary as described on the Tahoe Donner Unit 6 Subdivision Map. C. Owner has requested that the Town abandon any interest it may have in a 2,400 s.f. portion of the access easement, which will have no effect on the public’s interest. D. Notice was provided to all parties with a recorded interest in the access easement and no objections were received at the hearing called for that purpose before the Town Council. E. As a condition of abandoning its interest in a portion of the access easement, however, the 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 abandonment, 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: To 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, DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C in connection with the Owner’s easement abandonment application and/or the Town’s abandonment of its interest in the easement 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: OWNER: Town of Truckee John Vu and Kim Truong Truckee Airport Road 12939 Stockholm 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. DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the dates set forth below. TOWN OF TRUCKEE DATED: __________________ _____________________________ Jen Callaway, Town Manager APPROVED AS TO FORM: DATED: __________________ _________________________________ Andrew Morris, Town Attorney Town of Truckee OWNER DATED: __________________ _____________________________ John Vu DATED: __________________ _____________________________ Kim Truong DocuSign Envelope ID: 2D459BD1-2607-45B6-A6E7-373363A7702C