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Home My Public Portal About41 Easement Abandonment 13439 Hillside DriveTown of Truckee California RESOLUTION 2022-41 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE ABANDONING A 1,125 SQ. FT. PORTION OF AN ACCESS EASEMENT ON 13439 HILLSIDE DRIVE ASSESSOR’S PARCEL NUMBER 040-090-012-000 (OWNERS: KEVIN & LAUREN BEAN) WHEREAS, the Town of Truckee has received an Easement Abandonment application from Kevin & Lauren Bean to abandon a 1,125 sq. ft. portion of an access easement along the southeastern (front) property line to provide required off-street parking for the subject parcel located at 13439 Hillside Drive (APN 040-090-012-000); or Lot 64 of the Tahoe Donner Unit 7 Subdivision Map, Book 4, Page 37 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 1,125 sq. ft. portion of the access easement located along the southeast (front) property boundary, as shown within Exhibit A, located at 13439 Hillside Drive (APN 040 -090-012-000) and find there is not a public interest in the easement in question, the portion of the easement has not been used for the purpose for which it was 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, the adjacent property owner with an interest in this easement has released their interest in the subject portion; an d WHEREAS, no 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 1,125 sq. ft. portion of the access easement located along the southeast (front) property boundary, as shown within Exhibit A, located at 13439 Hillside Drive (APN 040-090-012- 000) or Lot 64 of the Tahoe Donner Subdivision Unit 7 Subdivision Map, Book 4, Page 37 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 access 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 1,125 sq.ft. portion of the access easement located along the southeast (fron t) property boundary abandoned by the adoption of this resolution. The plat map shall comply with all DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 Council Resolution 2022-41 Page 2 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. 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 July 26, 2024, 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 Polivy, seconded by Vice Mayor Romack, at a regular meeting of the Truckee Town Council, held on the 26th day of July 2022 and adopted by the following vote: The Consent Calendar carried with the following vote: AYES: Council Member Polivy, Vice Mayor Romack, Mayor Henderson, Council Member Klovstad, and Council Member Zabriskie. NOES: None. ABSENT: None. Courtney Henderson, Mayor ATTEST: Judy Price, MMC, Town Clerk Attachments: Exhibit A – Easement Abandonment Plat Map and Legal Description Exhibit B – Indemnity, Hold Harmless and Defense Agreement DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 Council Resolution 2022-41 Page 3 COUNCIL RESOLUTION 2022-41 EXHIBIT "A" PLAT MAP AND LEGAL DESCRIPTION (see attached) DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 Council Resolution 2022-41 Page 4 COUNCIL RESOLUTION 2022-41 EXHIBIT "B" INDEMNITY, HOLD HARMLESS AND DEFENSE AGREEMENT (see attached) DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 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 ______________, 2022, by and between Kevin Matthew Bean and Lauren Catherine Bean, husband and wife as joint tenants (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 13439 Hillside Drive, Truckee, CA (APN 046-510-012-000) (“the Parcel”), as described in the legal description attached as Exhibit A. B. The Parcel is burdened by a 30-foot access easement along the eastern (front) property boundary as described on the Tahoe Donner Unit 7 Subdivision Map. C. Abandonment of a 1,124 s.f. portion of the access easement, as depicted on attached Exhibit B, will have no effect on the Town’s or 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 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 DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 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 abandonment of 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 Kevin Matthew Bean Truckee Airport Road Lauren Catherine Bean Truckee, CA 96161 13439 Hillside Drive Attn: Town Manager Truckee, CA 96161 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: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 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: __________________ _____________________________ Kevin Matthew Bean DATED: __________________ _____________________________ Lauren Catherine Bean DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 Page 3 of 15 EXHIBIT “A” 21-135308-04 LOT 64, OF TAHOE DONNER UNIT NO.7, IN THE CITY OF TRUCKEE, COUNTY OF NEVADA, STATE OF CALIFORNIA, AS SHOWN ON THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF THE NEVADA COUNTY RECORDER ON AUGUST 23, 1972, IN BOOK 4 OF SUBDIVISIONS, AT PAGE 37. APN: 046-510-012-000 DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4 GRANT LOT 63 04-R.M.-37 11-O.R.-015567 APN: 046-510-013-000 BEAN LOT 64 04-R.M.-37 2021-O.R.-0013590 APN: 046-510-012-000 ACCESS EASEMENT AREA TO BE ABANDONED REMAINING ACCESS EASEMENT AREA APN: 046-470-009-000 JAVEED LOT 65 04-R.M.-37 APN: 046-510-011-000 APN: 046-510-014-000 EXHIBIT 'B' AREA OF EASEMENT ABANDONMENT SECTION 31, T.18 N., R.16 E., M.D.B.M. TOWN OF TRUCKEE NEVADA COUNTY, CALIFORNIA SCALE: 1"=40' MARCH 16, 2022 LEGEND POB HIL L S I D E D R I V E 30'30' DocuSign Envelope ID: 9C86BA66-72B0-4207-8F31-7685FBA1B1C4