HomeMy WebLinkAbout18 East River Street parcels Agenda Item #
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Public Utility District
Workshop
To: Board of Directors
From: Peter Holzmeister
Date: July 13, 2007
Subject: East River Street parcels
Why this matter is before the Board: This matter involves possible sale of District owned
land in order to help solve a neighborhood lot line problem on East River Street.
History: There is a long and complex history to this matter. The District was dealing with
this matter in 1992, but it was never resolved. The issue has been resurrected by the
property owners involved in the lot line problem.
East River Street has a long series of twenty-five foot parcels that front on East River Street
and back to the Truckee River. The two property owners who contacted me during the past
two weeks are Wally Stevens and Jerry Carroll / Kate Fickle, a husband and wife. TDPUD
owns two twenty-five foot parcels. To the immediate east of the District parcels, Jerry Carroll
/ Kate Fickle own three twenty-five foot parcels. To the immediate east of the Carroll / Fickle
parcels, Wally Stevens owns three twenty-five foot parcels. Carroll / Fickle and Stevens each
have homes constructed, but the problem is that their homes encroach upon the neighbor
parcel to the west. In other words, Carroll / Fickle encroach upon one of the District parcels
and the Stevens home encroaches upon one of the Carroll / Fickle parcels.
As I have already stated, this matter was discussed at length in 1992, but never resolved.
The solution being considered at that time was the District would sell one of its parcels to
Dwayne Haddock, who owned the Carroll / Fickle parcels at that time, and Haddock would
sell his parcel occupied by Stevens to Stevens. The devil is in the details.
New information: To begin with, we have a new player. Haddock is gone and Carroll /
Fickle appear willing to participate in an arrangement like what was discussed in 1992. The
District has no plans to use the parcel it owns on East River Street. It was used many years
ago as a pipeline river crossing. That old pipe was removed over twenty years ago.
A map showing the situation is being prepared by our draftsman. If it is not ready by the time
the Board packet is delivered, I will get it to you on Monday.
Recommendation: This is a workshop item, so no formal action is contemplated at this time.
I would like to discuss this matter with the Board and decide on how to proceed.
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Barbara Cahill
From: Fickle, Kate[kfickle @ prtm.com]
Sent: Tuesday, July 17, 2007 7:01 PM
To: Wally Stevens (truckeeriver@gmail.com)
Cc: Peter Holzmeister; Barbara Cahill; Jerry Carroll (jcarroll @ electrocutpacific.com)
Subject: Our Agreement
Wally, thank you for taking the initiative to document our agreement. Per your request yesterday for our thoughts and
comments on the agreement, we have prepared a brief summary of our understanding of the issues,the proposed
solution, and some of the next steps. We are very grateful to you for your efforts to resolve this, and we are very pleased
by Peter's willingness to take this before the TDPUD board.
Peter, I spoke with Barbara today and she explained that you would be presenting in workshop mode at Wednesday's
board meeting. Please feel free to share the attached memo with the board members.
To both of you, please let us know via email or phone right away if this understanding is different from yours.
We will put a signed copy of the letter in the mail to each of you first thing tomorrow.
JERRY CARROLL AND KATE FICKLE
7/18/2007
920 Colby Avenue
Menlo Park, CA 94025
July 17, 2007
Sent Via Email
Mr. Wallace L. Stevens
P.O. Box 34018
Truckee, CA 96160
Email: truckeeriverC�gmail.com
RE: Lot Encroachments in Truckee — 10305 East River Road (Carroll-Fickle Property)
and 10311 East River Road (Stevens Property)
Dear Wally,
We are pleased that the potential solution to the issues surrounding our properties in
Truckee is moving forward. Our understanding is that Mr. Peter Holzmeister will present
the potential solution to the Truckee Donner Public Utilities District on Wednesday, July
18. We are unfortunately unable to make this meeting due to a long-standing business
commitment.
The following is the set of issues we are attempting to resolve through this agreement:
1. You have submitted a site plan and drawings for a home and garage that encroach
on Lot 17 of Moody's Extension Roll 13, which we own.
2. A recent survey conducted by Coombs Engineering indicates that the carport we
occupy is located on Lot 14, which is owned by the Truckee Donner Public
Utilities District.
In meetings on July 6 and 10, Mr. Peter Holzmeister offered to assist in the resolution of
these issues. Here is our summary understanding of the proposal:
1. The PUD will sell its ownership interest in Lots 13 and 14 to us.
2. At the same time, we will undertake a lot line adjustment with you. The eastern
boundary of Lot 17 will be adjusted to incorporate existing structures and fences
belonging to us, leaving you with a significantly enlarged Lot 18. We will
determine the appropriate mechanism for the adjustment(such as an escrow
account) at a later time.
3. You will pay all costs associated with acquiring the PUD's ownership interest in
Lot 14. We will pay a reasonable portion of any costs associated with acquiring
Lot 13.
4. We will jointly pay costs such as escrow fees, title fees, registration fees,
recording survey results, etc. associated with transferring Lots 13 and 14 and
making the lot line adjustment to Lot 17. Each of us will individually pay for
legal representation.
Consistent with good practice in any real estate transaction, there are a few items we
would like to approve before finalizing any agreement. We assume you would want to
take the same precautions for the expansion to your Lot 18.
1. Approval of preliminary title reports for Lots 13 and 14 and insurable title
2. Approval of Survey of Lots 13 and 14
3. Approval of details of cost sharing (in line with items #3 and 4 above)
4. Approval of details of lot line adjustment
Please let us know via email or phone right away if this understanding is different from
yours. We are pleased that we are making such good progress on issues that have been
lingering for so long.
Sincerely yours,
Jerry Carroll
Kathleen Fickle
Cc: Mr. Peter Holzmeister
General Manager
Truckee Donner Public Utility District
11570 Donner Pass Road
Truckee, California 96161
Email: peterholzmeister@tdpud.org