HomeMy WebLinkAbout10297 East River Street II II UII; IIIDI ONNER
I�I I�I I�IIII�L
pu�)Iic utility
Memorandum
To: Board of Directors
From: Barbara Cahill
Subject: East River Street
Date: December 59 2007
Action item- additional information
7. Consideration of an appraisal and sale of the sale of property located at
10297 East River Street.
a. This item involves property that was declared surplus and the 60-day
period offered to public agencies has expired.
Please find attached:
• Memo from Kathleen Fickle and Jerry Carroll
• Draft Memorandum of Understanding between Kathleen Fickle and
Jerry Carroll, and Wally Stevens
Jerry Carroll
Kathleen Fickle
920 Colby Avenue
Menlo Park, CA 94025
December 3, 2007
Sent Via Email
Board of Directors
Truckee Donner Public Utility District
PO Box 309
Truckee, CA 96160
Email: barbaracahill0adyud.org
Subject: Surplus TDPUD Property 10297 East River Street APN 19-160-34
Reference: Memo from Ms. Kathleen Neus to the Board dated November 30, 2007
To the Directors:
The purpose of this memo is to provide information to the Board of Directors on the
referenced memo:
I. We, the owners of 10305 East River Street, agree with Ms. Neus's
recommendation"that the Board direct staff to hire an appraiser and list the parcel
located at 10297 East River Street for sale". We appreciate that the Board is
working with us and Mr. Wally Stevens to resolve the long-standing property
encroachments on East River Street.
2. We are attaching the second draft of a Memorandum of Understanding between
us and Mr. Wally Stevens, to demonstrate to the Board the good progress we are
making with Mr. Stevens in terms of documenting an agreement between us. In
late October, after reaching an oral agreement with Mr. Stevens, we engaged Mr.
Thomas Archer, an attorney in the town of Truckee, to prepare a draft MOU. He
sent us the MOU on November 2, and we received a response from Mr. Stevens
with a few suggested changes on November 6. We immediately passed these on
to Mr. Archer so that he could update the MOU. Mr. Archer provided a second
draft of the MOU today. We believe this draft incorporates the corrections that
Mr. Stevens requested. We sent Mr. Stevens this second draft,but he is out of the
country, and we are not confident that he will be able to respond to us before
Board meeting scheduled for this Wednesday, December 5. In any case, you will
notice the MOU is consistent with his memo to you with the clarification that we
encroach onboth Lots
d
14 of Moody's Extension. We have assumed all
b be
along that both lots purchased d by us in return for handing over the land
on which Mr. Stevens' garage encroached before it burned down.
We will continue to work with Mr. Stevens to finalize a Memorandum of Understanding
and then begin working with Counsel for the TDPUD to draft the final legal agreements.
Again, we want to sincerely thank the Board members for working so hard to resolve
these issues.
Sincerely yours,
(Electronic Signature Not Available)
Jerry Carroll
&,.01...'Pn-couk
Kathleen Fickle
Cc: Mr. Wally Stevens
P. O. Box 34018
Truckee, CA 96160
Email: truckeeriver(a-)Qmail.com
{
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into and agreed upon by Jerry D.
Carroll and Kathleen A. Fickle ("Carroll/Fickle" herein) and Wallace L. Stevens
("Stevens" herein) who agree, subject to the terms and conditions set forth below, as
follows:
Recitals
A. Carroll/Fickle are owners of that real property located at 10305,East River
Street, Town of Truckee, California, generally described as Lots 15, 16 and 17 of
Moody's Extension to the Town of Truckee,being Assessors Parcel Number 19-160-30.
B. Stevens is owner of that real property located at , East River
Street, Town of Truckee, California, generally described as Lots 18, 19 and 20 of
Moody's Extension to the Town of Truckee, being Assessors Parcel Number
C. The Truckee Donner Public Utility, a Public Entity ("TDPUD" herein), is
owner of that real property located at , East River Street, Town of Truckee,
California, generally described as Lots 13 and 14 of Moody's Extension to the Town of
Truckee, being Assessors Parcel Number and Assessors Parcel Number
D. The TDPUD has declared Lots 13 and 14, described above, as Surplus
Property and is engaged in the process of the disposition, sale and/or transfer of said real
property, as required by law.
E. Carroll/Fickle own certain improvements, which encroach and are located
upon said Lots 13 and 14, owned by the TDPUD. Carroll/Fickle are desirous of
obtaining title to said Lots 13 and 14, free and clear of lien, claim or encumbrance, from
the TDPUD in consideration of and subject to the terms and conditions further set forth
herein.
F. Stevens owns certain improvements which encroach and are located upon
Lot 17, owned by Carroll/Fickle. Stevens is desirous of entering into a agreement for a
Lot Line Adjustment, to be processed through and approved by the Town of Truckee,
whereby Stevens shall secure title, free and clear of lien, claim or encumbrance, from
Carroll/Fickle of that area of encroachment, as mutually agreed between them.
Therefore and in order to fulfill the foregoing goals and desires of the parties, it is
agreed, as follows.
1. Carroll/Fickle and Stevens agree to employ the services of Robert Coombs
P.E., in order to prepare a proposed Lot Line Adjustment Map relating to the
encroachment of improvements by Stevens onto Lot 17, owned by Carroll/Fickle; to
1
prepare any and all applications as required by the Town of Truckee and to process a
mutually agreed Lot Line Adjustment for approval. It is agreed that Carroll/Fickle and
Stevens shall equally bear any and all costs of survey, engineering, site staking,
application fees and processing of said Lot Line Adjustment.
2. The Lot Line Adjustment,referenced above, shall be as mutually approved
between Carroll/Fickle and Stevens for the purpose of adjustment of the lot line to
incorporate existing structures and fences located on the Carroll/Fickle property and to
provide for a transfer of the remaining easterly portion of Lot 17 to Stevens, free of lien,
claim or encumbrance. The Lot Line Adjustment shall not be submitted to the Town of
Truckee for fmal approval unless and until such time as a binding and enforceable
agreement between Carroll/Fickle and the TDPUD has been agreed upon and which
provides for the purchase of Lots 13 and 14 by Carroll/Fickle from the TDPUD, as is
acceptable to said purchaser and seller.
3. Conditioned upon the execution of a binding and enforceable agreement
by and between the parties hereto and of the execution of an agreement and closing
escrow instructions by and between the parties hereto and of the execution of an
agreement and escrow instructions between Carroll/Fickle and the TDPUD, providing for
the sale of Lots 13 and 14 to Carroll/Fickle, free and clear of lien and encumbrance,
Stevens agrees to pay and deposit the sum of$ into an escrow with Cal
Land Title Insurance Company of Truckee. Said payment by Stevens shall be based
upon the appraised and agreed fair market value of Lot 14 and subject to terms and
conditions as agreed upon by and between Carroll/Fickle and the TDPUD for purchase
and sale, which agreement shall additionally provide, amongst other things, as follows
a. That insurable title to the property shall be transferred by the
TDPUD to Carroll/Fickle;
b. Approval of Preliminary Title Report(s) for Lots 13 and 14;
C. Approval of a Record of Survey of Lots 13 and 14,to be prepared
by Coombs Engineering, at the sole cost and expense of
Carroll/Fickle;
d. That the purchase and sale shall be conditioned on and subject to
the preparation, application and final approval by the Town of
Truckee of a Lot Line Adjustment, as mutually agreed upon by and
between Carroll/Fickle and Stevens.
4. There shall be one escrow or simultaneous escrows to provide for the
purchase, sale and transfer of Lots 13 and 14 from the TDPUD to Carroffickle; for the
recording of the Lot Line Adjustment, as approved by the Town of Truckee and the
recordation of a Record of Survey of Lots 13 and 14, all of which shall be conditioned,
one upon the other and shall consummate simultaneously.
2
5. Escrow shall close on a date to be agreed upon by all parties.
6. Carroll/Fickle and Stevens shall equally bear all escrow fees, title
insurance, recording fees with respect to the escrow or escrows to be maintained for
purposes of the transfer and sale of Lots 13 and 14, except as assumed or paid by
TDPUD, and for recordation and transfer of a portion of Lot 17 to Stevens pursuant to the
approved Lot Line Adjustment. Carroll/Fickle shall pay for all recording fees and escrow
costs relating to the recordation of a Record of Survey for Lots 13 and 14.
7. The foregoing constitutes a Memorandum of Understanding between
Carroll/Fickle and Stevens relating to the matters set forth herein. It is agreed that these
understandings are conditioned upon the execution of formal written agreements by and
between the parties hereto and the TDPUD, as approved by its Board of Directors, and
the parties agree to cooperate,one with the other, in the preparation and execution of said
further agreements in good faith.
Dated:
Jerry D. Carroll
Dated: 3 December 2007
Kathleen A. Fickle
Dated:
Wallace L. Stevens
3