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HomeMy WebLinkAbout4 Wolfe Estates TDPUD Agenda Item # I "i► � ui �1 Memorandum To: Board of Directors From: Peter L. Holzmeister Date: May 13, 2005 Subject: Transfer of County-Owned Parcels in Wolfe Estates to Truckee Donner PUD 1. Why this matter is before the board: We are trying to clean up some issues related to acquisition of the Donner Lake water system. One issue is the transfer of title to land that we acquired through the condemnation. This issue deals with transfer of three parcels that we acquired through condemnation, but the title has not been transferred. Nevada county has requested that the board President execute an agreement regarding the transfer. 2. History: The District acquired the Donner Lake water system from the Donner Lake Water Company by condemnation. Three parcels of land in the Wolfe Estates subdivision were part of the Donner Lake water system but were recorded in the name of Nevada County. The three parcels contained wells and a storage tank. The condemnation order conveyed to this District the wells and storage tank, but not the parcels of land they occupy. To clean this matter up we have asked Nevada County to convey the three parcels to our District. I guess a person could ask why Nevada County ended up owning parcels in the Wolf Estates Subdivision that were clearly used by the water system and had no other value. We do not know the answer to that question, but it what happened as part the County's approval of the Wolf Estates subdivision. 3. New information: We have been working with Nevada County to transfer these parcels to the District. Nevada County Department of General Services is willing to help clean up this issue by conveying the parcels to the District at no cost, subject to approval by the Board of Supervisors. Nevada County General Services has provided the attached documents necessary to convey the parcels to the TDPUD: • Agreement for Transfer of Parcels G, H and I in Wolfe Estates subdivision • Resolution of the Board of Supervisors authorizing transfer of the three parcels • Grant Deed A copy of a map of the parcels is attached. 4. Recommendation: s I recommend that the board authorize the president of the board to execute the Agreement for Transfer of Parcels G, H and I in Wolfe Estates Subdivision dedicated for Public Water conveyance purposes from county to Truckee Donner Public Utility District. a t AGREEMENT FOR TRANSFER OF PARCELS G H AND ! IN WOLFE ESTATES SUBDIVISION DEDICATED FOR PUBLIC WATER CONVEYANCE PURPOSES FROM COUNTY TO TRUCKEE DONNER PUBLIC UTILITY DISTRICT THIS AGREEMENT is made and entered into by and between by and between the COUNTY OF NEVADA, a political subdivision of the State of California, hereinafter referred to as "County" and TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a public utility district, hereinafter referred to as "TDPUD". RECITALS: WHEREAS, County acquired upon map recordation in 1993, and currently owns, three (3) lettered parcels (G, H and I, APNs 17-510-01, 17-510-08 and 17-520-13, respectively), hereinafter referred to as the "subject parcels", in the Wolfe Estates Subdivision in the Town of Truckee near Donner Lake pursuant to a dedication to it for use by the Donner Lake Utility Company (DLUC) for public water conveyance purposes; and WHEREAS, a water distribution system, including improvements on the subject parcels, was constructed and operated by Donner Lake Water Company (DLWC) to serve said subdivision, but DLUC and DLWC ceased operating the system and TDPUD assumed that water distribution function and acquired other properties related to said water distribution system by a Judgment in Eminent Domain filed December 12, 2003, in the case of Truckee Donner Public Utility District v. Donner Lake Water Company, et al., Nevada County Court Case No. TO1/0617C; and WHEREAS, TDPUD has requested that the County tranfser to it the subject parcels dealing with the water distribution system previously operated by DLWC to make sure the properties are in order and to use the same to serve the former customers of DLWC; and WHEREAS, County is desirous of transferring the subject parcels to TDPUD so long as it uses them for public water conveyance purposes as part of the water distribution system serving the Wolfe Estates Subdivision. NOW, THEREFORE, County agrees to transfer the subject parcels to TDPUD as follows: 1. County hereby agrees to transfer to TDPUD three (3) subject parcels and the water distribution system improvements thereon, as more particularly described in the Exhibit to the Grant Deed form attached hereto, "as is", with no warranties, on the terms and conditions provided for herein for so long as the properties are used for public water conveyance purposes as part of the water distribution system serving an area including the Wolfe Estates Subdivision. Transfertdpud 1 7/09/04 2. TDPUD agrees to accept the subject parcels being transferred by County "as is" and to use them only for the purposes for which they were dedicated and conveyed. TDPUD expressly acknowledges that County makes no warranties with regard to the subject parcels or the condition of the improvements thereon and shall have no obligation to conduct any environmental review or to expend any funds on the subject parcels prior to turning over possession. 3. Said transfer shall be made for no consideration other than the promises contained herein and is expressly subject to the condition that if any of the subject parcels ceases to be used by TDPUD for solely and exclusively for public water conveyance purposes as part of the water distribution system serving an area including the Wolfe Estates Subdivision ownership of that parcel shall revert back to County and TDPUD shall execute all documents reasonably requested to retransfer that parcel back to County. 4. After adoption of this Agreement for Transfer by resolution of both parties to it, transfer of the subject parcels shall be effectuated by execution of a Grant Deed by County in the form attached hereto as authorized by the Board of Supervisors; delivery of the Grant Deed and turning over possession of the subject parcels to TDPUD; and recording by TDPUD of the Grant Deed as authorized by its Board. County shall incur no costs in connection with the transfer and no title report nor escrow shall be required. 5. TDPUD expressly acknowledges that it has independently satisfied itself as to the condition of the subject parcels and improvements thereon and any potential liability related thereto. As a part of the consideration for the transfer of the subject parcels, TDPUD assumes all responsibility for repair and maintenance and agrees to indemnify, defend and hold County and its officers, employees and agents harmless from any and all claims related to the subject parcels, their improvements and the water distribution system of which they are a part. 6. Any and all notices or other communications required or permitted by this contract shall be in writing and shall be given by first class mail to the following: County: Director of General Services County of Nevada 950 Maidu Avenue Nevada City, CA 95959 TDPUD: General Manager Truckee Donner Public Utility District P.O. Box 309 Truckee, CA 96160 7. This Agreement contains the entire agreement between County and TDPUD respecting the transfer of the subject parcels and any agreement or representation respecting the subject parcels not expressly set forth in this Agreement is null and void. 8. This Agreement shall be governed and construed in accordance with the laws of the State of California. This Agreement will not be construed against the party preparing it, but will be construed as if prepared by both parties. Transfertdpud 2 7/09104 9. This Agreement may be executed in counterpart. IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date hereinafter written. COUNTY OF NEVADA: Date: By: Attest: Chair', Board of Supervisors By: Clerk of the Board Date: TRUCKEE DONNER PUBLIC UTILITY DISTRICT: By: Attest: By: Clerk APPROVED AS TO FORM: Robert Shulman, County Counsel TDPUD Attorney s s Transfertdpud 3 7/09/04 RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING TRANSFER OF THREE PARCELS IN WOLFE ESTATES DEDICATED FOR PUBLIC WATER CONVEYANCE PURPOSES FROM COUNTY TO TRUCKEE DONNER PUD WHEREAS, three (3) lettered parcels (G, H and I) were dedicated to the County of Nevada for public water conveyance purposes to be used by the Donner Lake Utility Company (DLUC) when the Wolfe Estates Subdivision near Donner Lake recorded on April 1, 1993, in Book 8 of Subdivision Maps at Page 15, and the Nevada County Board of Supervisors accepted these parcels for public utility purposes at a meeting held on March 22, 1993; and WHEREAS, a water distribution system was constructed and operated by Donner Lake Water Company (DLWC) to serve said subdivision, but DLUC and DLWC ceased operating the system and Truckee Donner Public Utility District (TDPUD) assumed the water distribution function previously performed by DLUC and DLWC and acquired other properties related to their water distribution system by a Judgment in Eminent Domain filed December 12, 2003 in the case of Truckee Donner Public Utility District v. Donner Lake Water Company, et ai., Nevada County Court Case No. T01/0617C; and WHEREAS, TDPUD has requested that the County transfer to it all properties dealing with the water distribution system previously operated by DLWC to make sure the properties are in order and to use the same to serve the former customers of DLWC; and WHEREAS, the Board of Supervisors of the County of Nevada is desirous of transferring the parcels as requested on the terms and conditions set forth in the Transfer Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA THAT: 1. Pursuant to Government Code Section 25365, the Board of Supervisors finds that those lots in the Wolfe Estates Subdivision near Donner Lake identified as lettered lots G (APN 17-510-01), H (APN 17-510-08) and I (APN 17-520-13) on the Wolf Estates Subdivision Map recorded April 1, 1993, are no longer required for hAHEDITDPUDReso j 7(1(04 e County use so long as TDPUD provides public water conveyance services in the area and does, by at least a four-fifths vote, agree to grant Truckee Donner Public Utility District ownership to said lots on the terms and conditions agreed upon between them as set forth in the Transfer Agreement; and 2. The Board of Supervisors also finds that transfer to TDPUD serves valid public purposes by transferring ownership of and responsibility for parcels dedicated for water conveyance purposes to the utility district providing those services and best able to assure that the parcels are maintained and used in the most appropriate manner for the public benefit with regard to the water distribution system serving the area; and 3. The Chair of the Board is authorized to execute the Transfer Agreement and the Grant Deed transferring said property which accompany this Resolution and to arrange for delivery of the Grant Deed to TDPUD for recording upon its execution of the Transfer Agreement. h:\HED\TDPUDReso 2 7/1/04 RECORDING REQUESTED BY: Truckee Donner Public Utility District P.O. Box 309 Truckee, California 96160 WHEN RECORDED MAIL TO: Truckee Donner Public Utility District P.O. Box 309 Truckee, California 96160 GRANT DEED THE COUNTY OF NEVADA, as Grantor, for no consideration, hereby grants "as is" to TRUCKEE DONNER PUBLIC UTILITY DISTRICT, as Grantee, the following described real property situated in the Town of Truckee, County of Nevada, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF For use only for public water conveyance purposes. Assessor's Parcel Nos. (APN) 17-510-01, 17-510-08 and 17-520-13. DATED: 12004 GRANTOR: COUNTY OF NEVADA By: Chair of the Board of Supervisors STATE OF CALIFORNIA COUNTY OF NEVADA On this day of in the year of 2004, before me, the undersigned , a Notary Public in and for said State, personally appeared Robin Sutherland, personally known to me (or proved on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. h_hedUpuddeed 1 PTN. NW 1/4 SEC 14 G NE. 1/4 SEC 15, T. 17 N., R. 15 E., M.D.B. d M. Tax Area code 17-51 - 3-043 Irwr am aoB a Im O15 �21 cv16 3-093 raAke 'E. m6e _ Ba90 S 2o3 T' 2189+ 7 SA B.I3 O62AG ``a C46AC l�/ 206A5' MACEL6 re 053 AC. 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