The URL can be used to link to this page

Home My WebLink About1978-06-26 Min - Board SPECIAL MEETING JUNE 26, 1978 The Special Meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by Vice President Kuttel in the absence of the President at 4: 10 P.M. in the District of- fice. ROLL CALL: Directors Huber, Kuttel , and Sutton were present. Director Maass was absent. Director-elect Hatch was present. EMPLOYEES PRESENT: A. Milton Seymour and Susan Craig. CONSULTANTS - OTHERS PRESENT: There were no consultants or others present. OATH OF OFFICE - SEATING OF NEW DIRECTOR, DOUG HATCH Mr. Seymour noted that the Nevada County Superior Court Clerk would be forwarding a Certificate of Election and Oath of Office for com- pletion by Doug Hatch, the Truckee Donner Public Utility District Director- elect. The Oath of Office was administered to Director-elect Hatch by the Clerk of the Board. At the conclusion of the Oath, Doug Hatch was declared a Director of the Board by the Clerk. RESOLUTION AUTHORIZING THAT THE DISTRICT QUITCLAIM EASEMENT ON LOT 17 RIVERSIDE DRIVE Director Huber moved that Resolution No. 7836, authorizing the execution of a quitclaim deed, be adopted with a correction being made to the effective date typed as June 27th to June 26th. THE MOTION DIED FOR .-- LACK OF A SECOND. Director Sutton noted corrections she felt to be necessary to the proposed resolution in addition to that of the effective date. Those suggested changes are as follows: Paragraph 4 be changed from, "WHEREAS, both the District Engineer and District Counsel have made recommendations to the Board in favor of the adoption of this Resolution; and" to "WHEREAS, the Manager, District En- gineer and District Counsel have determined said easement to be of no value to the District; and." 5, reading,Paragraph g ", WHEREAS the Board of Directors have de- termined said easement to be of no value to the District; and" be eliminated. Paragraph 6, reading, "WHEREAS, Ann Brake has agreed to remove the pump, pump house and pipeline on said property, as well as reimburse the District for all out-of-pocket expenses incurred in this matter," be changed to, "WHEREAS, Ann Brake plans to remove the pump, pump house and pipeline on said property at no expense to the District and agrees to in- demnify the District against any and all liability associated with the re- moval and disposal thereof, and to reimburse the District for all out-of- pocket expenses incurred in this matter." Discussion ensued respecting the District's possible interest in "'— and liability resulting from the pump, pump house and pipeline. The con- sensus of opinion was that the District probably had no liability because the facilities were not installed by the District. ! I Director Huber moved, and Director Sutton seconded, that the Board adopt Resolution No. 7836, authorizing the execution of a quitclaim deed, with corrections as noted. ROLL CALL: Huber, aye; Sutton, aye; Kuttel , aye; Hatch, aye; Maass , absent. SO MOVED. i 6/26/78 pg. 1 EXECUTIVE SESSION The Vice-President adjourned the meeting to Executive Session at 4:33 P.M. for the purpose of discussing legal and personnel matters. RETURN TO PUBLIC SESSION The meeting adjourned from Executive Session and returned to Public Session at approximately 5: 13 P.M. No action or direction re- sulted from the Executive Session. ADJOURNMENT The meeting was adjourned by general consensus at 5: 14 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By es A. Maass , President Approved August 7, 1978, as written Signed Susan Craig Executive Secretary i 6/26/78 Pg• 2 a9y RESOLUTION NO. 7836 OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED WHEREAS , Ann Brake, an unmarried woman, appeared before the Board of Directors of the Truckee Donner Public Utility District and provided evidence of an easement for a flume, ditch, pipe or aqueduct to conduct water, recorded in favor of C. F. McGlashan which affects real property which she is purchasing from Mark T. Gates , Jr. , and Elizabeth W. Gates, husband and wife, and Brownell Merrell , Jr. and Marian Merrell , husband and wife; and WHEREAS, said easement was apparently granted to Mr. Yeng Sing for the purpose of a water main and related pump facilities to a site which was once a laundry; and WHEREAS , there now exists an abandoned pump, pipeline and pumphouse on the property concerned thereby; and WHEREAS, the Manager, District Engineer and District Counsel have determined said easement to be of no value to the District; and WHEREAS , Ann Brake plans to remove the pump, pump house and pipeline on said property at no expense to the District and agrees to indemnify the District against any and all liability associated with the removal and disposal thereof, and to reimburse the District for all out-of-pocket expenses incurred in this matter. r NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District, as follows: That the President and Clerk of the Board of Directors cause to be executed the Quitclaim Deed, a copy of which is attached hereto as Exhibit ''A,'' and, by this reference, made a part hereof. PASSED AND ADOPTED by the Truckee Donner Public Utility District .— by its Board of Directors at a Special Meeting thereof held within the District on the 26th day of June, 1978, by the following roll call vote: AYES : Hatch, Huber, Kuttel , Sutton. NOES: None ABSENT: Maass TRUCKEE DONNER PUBLIC UTILITY DISTRICT By mes A. Maass, President ATTEST: r A. Milton Seymour Clerk Thereof tYtitV iZL'I.VICL.GU iti,G1UtC1V 1�: �� A. Milton Seymour, Manager TRUCKEE-DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 i Truckee, California 95734 Q U I T C L A I M D E E D FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT does hereby RELEASE AND FOREVER QUITCLAIM to MARK T. GATES , JR. and ELIZABETH W. GATES, husband and wife, as Joint Tenants , with right of survivorship and not as tenants in common, as to an undivided one-half (1/2) interest, and BROWNELL MERRELL, JR. and MARIAN MERRELL, husband and wife, as Joint Tenants, with right of survivo - ship and not as tenants in common, as to an undivided one-half (1/2) interest, all the rights, title and interest of the under- signed in and to the easement recorded on May 31, 1889 , in Book 75 , Page 1 , Deeds, Official Records, Nevada County, State of California. In connection therewith, it is understood that said easement relates to an abandoned pump, pump house, and pipeline over portions of Lots 15 , 16, 17, 18 and 19 of McGlashen' s Roll 13 and lying between the Truckee River and River Front Street. DATED: June 26, 1978. TRUCKEE-DONNER PUBLIC UTILITY DISTRICT BY `�,-z• , ES A. MAASS, President ATTE - ,j i A. MILTON SEYMO , Clerk thereof STATE OF CALIFORNIA ) . ss . COUNTY OF NEVADA ) On this _r:;'• day of June, 1978 , personally appeared before me the undersigned, a Notary Public in and for said County and State, JAMES A. MAASS, known to me to be the President, and A. MILTON SEYMOUR, known to me to be the Clerk, of TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, who acknowledged to me that they executed the above document pursuant to a resolution of the Board of Directors of said TRUCKEE-DONNER PUBLIC UTILITY DISTRICT. Steven E.Grumer Attorney at Law / P NOTARY PUBLIC , °: �� A