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HomeMy WebLinkAbout8 Easement Agreement Fly Casting Club AjenAL 11tow DATE: June 27,2007 TO: Board of Directors, Truckee-Donner Public Utility District Peter Holzmeister, General Manager TDPUD FROM: Steve Gross, District Counsel RE: Easement Agreement and Reciprocal Quitclaims with Fly Casting Club At the June 6, 2007, meeting of the District's Board of Directors, the Board authorized the sale of the Glenshire Drive parcel, which is marked as "Truckee Donner Public Utility District" on the attached Exhibit "A" and was acquired as part of the Glenshire Mutual Water Company transaction. As you can see on Exhibit "A," the Glenshire Drive parcel is adjacent to certain property owned by the San Francisco Fly Casting Club. There are two issues regarding the Fly Casting Club that require the Board's attention as a prerequisite to the sale of the Glenshire Drive parcel: (1) a discrepancy in the property description of the Glenshire Drive parcel with the Fly Casting Club's property, and (2) the two power distribution lines that run across the Fly Casting Club's property without an express, written utility easement. Both issues are addressed in turn below. Discrepancy in Property Description As early as 1998, the Fly Casting Club alerted the Glenshire Mutual Water Company that its survey (prepared by William Grimm) showed a discrepancy in property descriptions arising from a corner marker that had been previously mis-marked. This mis-marked corner moved the property lines from the dotted lines on the attached Exhibit "A" to the bold lines, essentially shifting the District's property to the south and west. When the District succeeded to the Mutual Water Company as owner of the Glenshire Drive parcel, the District and the Fly Casting Club engaged in dialogue regarding resolving the property line discrepancy. In 2003, the District hired Andregg Engineering to prepare a survey, which confirmed the accuracy of the Grimm survey. The Fly Casting Club has agreed to exchange quitclaim deeds with the District to the respective parcels to confirm the correct boundary as reflected in the Andregg and Grimm 1 surveys. The Easement Agreement for Power Distribution Lines and Reciprocal Quitclaims by and between the San Francisco Fly Casting Club and the Truckee Donner Public Utility District (the "Agreement"), attached as Exhibit "B," reflects this arrangement. If the District approves the Agreement, the District will quitclaim its interest in the northerly acreage to the Fly Casting Club (the area between the dotted lines and the bold lines on Exhibit "A") and the Fly Casting Club will quitclaim its interest in the westerly and southerly portion (the area between the dotted lines and the bold lines on Exhibit"A") to the District. This quitclaim arrangement should help to clarify the proper boundaries of this parcel and make it more marketable to the potential buyer. Power Distribution Line Easement Agreement As mentioned above, the District has two power distribution lines that currently run across the Fly Casting Club's property. While the District may have prescriptive legal rights to use these power distribution lines, it is advisable to reflect the terms and conditions of such use in an express, written easement agreement. As a condition to quitclaiming the property to the Fly Casting Club to reflect the accurate legal description as described above, the Fly Casting Club has agreed to grant an express easement to the District to essentially allow the District to continue with the current use of these power distribution lines and related appurtenances, including the right to maintain, repair, replace, service, and upgrade, except as otherwise limited in the attached Agreement. The Fly Casting Club expressly requested that the use of the easement be limited to distribution lines and specifically precludes transmission towers, microwave towers, and underground utilities without the prior written approval of the Fly Casting Club. The attached Agreement also reflects the terms and conditions of the grant of this express easement to the District for the power distribution lines. RECOMMENDATION: BASED UPON THE FOREGOING FACTS, I RECOMMEND THAT THE BOARD APPROVE THE ATTACHED "EASEMENT AGREEMENT FOR POWER DISTRIBUTION LINES AND RECIPROCAL QUITCLAIMS BY AND BETWEEN THE SAN FRANCISCO FLY CASTING CLUB AND THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT." 2 Exhibit"A" (Andregg Survey) [see attached] 3 F � 19 0W : s 48 _ oil d r w ! g W LL1 Nza Q% 0 cc N gm z o� . w a: a.h hCl r` taW UA a N11R z SEnS t VON liNn 3UIHSN33D 6 _ IS � �� 1�11 Y U1Wa'oxrl cs-aKr� !! M.9.,si.00H' � I f•(1J sm �� K 0. czks'acr Mims T p,� t9'tn M.9ri9.oDn .... I_ hKcc'focl)scoot! / I � � ^ ICES p tes9zo-c6 pN 'isNl 0 lo j/z/1 ro ONUSY3 Ali o S gg Igo M� 3SIO-WHJ NVs W ri I on I a l� 'Zip «sa s'mum is^n all -V (Vo)K OKi I (IyM.ffbiQU« o'%L'c.LL I•~ g d K L (111L'Pi 0 MS I�^C41 ome \�L•In Ukrroisa w (rX�asc,_ s �'A wit p C �i -.1 Exhibit"B" (Agreement) [see attached] 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Porter-Simon 40200 Truckee Airport Road Truckee, CA 96161 Attn: Steven C. Gross No Recording Fee for Public Entity Under Government Code§ 6103 (Space Above For Recorder's Use) EASEMENT AGREEMENT FOR POWER DISTRIBUTION LINES AND RECIPROCAL QUITCLAIMS This Easement Agreement for Power Distribution Lines and Reciprocal Quitclaims (this"Agreement") is made as of this day of , 2007, by and between the San Francisco Fly Casting Club, a California corporation (the "Fly Casting Club"), and the Truckee Donner Public Utility District, a California local public agency (the "District") (each, individually, a "Party," and, together collectively, the "Parties"). RECITALS A. The Fly Casting Club is the owner of certain real property situated in the Town of Truckee, County of Nevada, State of California, as more particularly described on the Record of Survey prepared by William Grimm and filed in Book 11 of Surveys, Page 393, Nevada County Records as shown on Exhibit A, attached hereto (the "Fly Casting Club's Property"). B. The District is the owner of certain real property situated near the Town of Truckee, County of Nevada, State of California, as more particularly described on the Record of Survey prepared by Andregg, Inc. and filed in Book 12 of Surveys, Page 465, Nevada County Records and the legal description as shown on Exhibit B, attached hereto (the"District's Property"). C. The District has kept, maintained, and operated two power distribution lines, which include, without limitation, utility poles, power lines, guy wires and all related appurtenances (collectively, the "Power Distribution Lines"), on the Fly Casting Club's Property for more than five (5) years. The location and legal description of the Power Distribution Lines on the Fly Casting Club's Property is set forth in more particular detail on Exhibit C and Exhibit D, attached hereto. D. The Fly Casting Club and the District have recently discovered a discrepancy in the legal descriptions of the Fly Casting Club's Property and the District's Property. The Fly Casting Club and the District desire to confirm the proper ownership and description of the Fly Casting Club's Property and the District's Property by exchanging quitclaim conveyances based on the respective Record of Surveys as set forth in Exhibit A and Exhibit B. E. In addition to and in exchange for the exchange of quitclaim conveyances, the Fly Casting Club desires to grant an express easement to the District for the Power Distribution Lines as more particularly described herein. AGREEMENT NOW THEREFORE, for good and valuable consideration as set forth herein, the Parties hereto agree as follows: 1. Term. The easements, covenants, grants and obligations set forth in this Agreement shall continue in full force and effect in perpetuity from the date of recordation hereof, shall run with the land represented by the Fly Casting Club's Property and the District's Property and shall be binding on successors and assigns of the Fly Casting Club and the District. 2. Fly Casting Club's Quitclaim to District. Concurrently with this Agreement, the Fly Casting Club agrees to release, remise, and forever quitclaim to District any and all interests that the Fly Casting Club has or may have in the District's Property in a separate quitclaim conveyance. 3. District's Quitclaim to Fly Casting Club. Concurrently with this Agreement, the District agrees to release, remise, and forever quitclaim to Fly Casting Club any and all interests that the District has or may have in the District's Property by separate quitclaim conveyance, except that District expressly reserves the rights of Easement to the Power Distribution Lines that are granted by the Fly Casting Club in this Agreement. 4. Easement to District for Power Distribution Lines. The Fly Casting Club herein grants to the District an easement in gross for the continued operation, maintenance, servicing, repair, installation of upgrades, and replacement of the existing Power Distribution Lines and all related appurtenances thereto, including, without limitation, the poles, guy wires and anchors (the "Easement") as shown on Exhibit C and Exhibit D. The Easement granted herein shall include the right of access across the Fly Casting Club's Property as reasonably required to maintain, service, repair, upgrade and replace the Power Distribution Lines and related appurtenances, provided, however, that the right to upgrade the Easement to include underground utilities shall require the written approval of the Fly Casting Club. Furthermore, the Easement shall be limited to single poles limited to distribution voltage with the height of the poles not to exceed fifty (50) feet. In no event, shall transmission towers, microwave towers or substantially similar structures be installed within the Easement without the written approval of the Fly Casting Club. The Easement shall extend ten(10) feet on either side of the centerline as described on Exhibit C and Exhibit D. 2 5. Assignment. The District shall neither assign its rights under the Easement to any third-party person or entity nor expand the use of the Easement without the written approval of the Fly Casting Club, provided, however, that District may assign its rights under this Easement to a successor entity to District without the approval of the Fly Casting Club. In no event, shall any third party or successor expand the rights or use under this Easement without the written approval of the Fly Casting Club. 6. Indemnity. District agrees to release, indemnify and hold the Fly Casting Club, and its members and Board of Directors, harmless from any and all claims, damages, lawsuits, costs arising out of the District's use, maintenance, service, repair and replacement of the Easement granted hereunder, provided, however, that said release, indemnity, and hold harmless shall not apply for the sole negligence or willful misconduct of the Fly Casting Club or its members or Board of Directors. 7. Miscellaneous. A. Captions. The captions of this Agreement are inserted only as a matter of convenience and for reference. They do not define, limit or describe the scope or intent of this Agreement and they shall not affect the interpretation hereof. B. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof The provisions of this Agreement shall be construed as a whole and as if prepared by both Parties and not strictly for or against either Party. C. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto or their successors and assigns. D. Attorneys' Fees. In the event that either party shall institute any action or proceeding against any other party hereto to enforce, interpret or seek damages for breach of any of the terms, provisions or conditions of this Agreement, then the prevailing party in any such action or proceeding shall be entitled to recover from the other party the reasonable attorneys' fees and costs incurred by the prevailing party in the prosecution or defense of any such action or proceeding. E. Successors. The terms, covenants and conditions herein contained shall run with the land and be binding upon and inure to the benefit of the heirs, administrators, executors, successors, transferees, grantees and assigns of the Parties hereto. F. Severability. If any clauses of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions shall remain in full force and effect. G. Governing_ Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. 3 H. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument. I. Incorporation. The Exhibits attached to this Agreement and the Recitals set forth above are incorporated herein by this reference. J. Recordation. This Agreement shall be recorded in the Official Records of Nevada County. The quitclaim conveyances set forth in Section 2 and 3 of this Agreement shall be recorded before recordation of this Agreement. K. Author . By signing below, the person signing represents and warrants that he or she is duly authorized and has the legal authority to sign on behalf of that Party and to bind the Party to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. The following signatures shall be notarized. San Francisco Fly Casting Club, a California corporation By: Name: Title: Truckee Donner Public Utility District, a California local public agency By: Name: Title: 4 STATE OF ) ss. COUNTY OF ) On , 2007, before me, , Notary Public,personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal [Seal] Notary Public Commission No.: Commission Expires: STATE OF ) ss. COUNTY OF ) On , 2007, before me, , Notary Public,personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal [Seal] Notary Public Commission No.: Commission Expires: 5 Exhibit A (Record of Survey of the Fly Casting Club's Property) [on following pages] 6 w � M 14 " IRS • s .. %d It B Elba W flip it'013.11.01-IN 11113,41 i� "� td inrl•3-1,lY an-� ia � 1~i r Is17.w.ef.ts � w .�f1 .i !~ me A A� 'mill l.Ii.lf.11 !� 044 O M ` fCli[5 d INC 430 pil� W .�� 4 O O J[NIY ILMdf 1•IMI ,1'•• -- ~d[INY Ai.11.it.11 -".R.x�' IS J ON a •.; I ' t pA l4; Puff�tiTi ff na/ _ � s^ •�;_ " "SiY'N� :11YIf— - t �s � EE ,LDS �� r.yii upl.$• � W p -'N'!rt 9 W 'M r 11'OI i JOLI.11 OT w 1n 4FAI t MUGU fI 1'llf[I'i!7.f[.N•[YII'0'1'!'!'g1 I N�w � M O � V ... 1.I.I I I to Arm rrws m tli 96 l"o }w V '�i _._ .\�� \\ ►,�„ �'. morph. �, a oc � � .rr • �'a � � lc a O Oa ��� � .i''� '• � � \�� \ Sri, /r +'1/t r � ;� o IL IL Iq AV Al ' J I 'QO r a!• / I I sviii 10 t k �/ i ' ''�i n� �°.•'ns'�31ru,r �'s�f'hsy� ►vr, ' '� a`�r� op fro Ile .r � � '� t r ��►ilk. /` � 1 I I y�� � r�r ai �......_. �s A$rr;1, tit 46 �A a �- p Ie '��i� � S�uurr3't•url.us•e�u �tVQ tw , ► ,t.r%sg,r io j psi ---- ►y�� v�y ' ilk .s �r►�•��� � h �•�lyr JT,p�a, 't1•tY'I.1/f Di tn \ A W VIP � � � M h ... 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I�.iCA cY1N I�ttrt Matda.ar P I a.lta,.n 17 s y a Exhibit B (Legal Description and Record of Survey of the District's Property) [on following pages] 7 GEOMATICS ANDREGG We take your position precisely. November 25,2003 EXHIBIT: Lands of Truckee Donner Public Utility District -Northerly Portion A portion of the tract of land described in the deed to the Truckee Donner Public Utility District recorded in Instrument No.2002-005266,Nevada County Records as shown and so designated on the plat filed in Book 12 of Surveys at Page 465,Nevada County Records, located in Section 5,Township 17 North,Range 17 East, M.D.M.,Nevada County California. All that portion of the above described lands of Truckee Donner Public Utility District lying northerly of the centerline of Glenshire Drive,described as follows: Beginning at the point of intersection of the existing centerline of said Glenshire Drive with the West line of the above described lands of Truckee Donner Public Utility District, and from said point a 5/8"diameter iron pin stamped"PLS 2712"marking the Southwest comer of said lands of Truckee Donner Public Utility District bears South 00055'46"East for a distance of 646.97 feet;thence from the point of beginning along said existing centerline the following three(3)consecutive courses and distances: (1)South 610 34'52" East for a distance of 16.77 feet; (2)along the arc of a tangent curve to the left having a radius of 825.00 feet,a central angle of 12°44'47", a length of 183.53 feet and a chord bearing South 67*57'15"East for a distance of 183.16 feet; and(3)South 74°19,39" East for a distance of 109.68 feet to a point on the Easterly property line of said lands of Truckee Donner Public Utility District; thence North 00°5546"West along said Easterly line for a distance of 765.59 feet to the Northeast corner thereof;thence North 89°53'00" West along the Northerly line of the lands of Truckee Donner Public Utility District for a distance of 288.40 feet to the Northwest comer thereof, thence South 00°55'46"East along the Westerly line of the lands of Truckee Donner Public Utility District for a distance of 659.81 feet to the point of beginning. Containing 4.77 acres,more or less. sus X.•1idd2111764011area North.doe rE OF t; Auburn Office:530.885.7072 800.400.7072 530.885.5798 Fax Truckee Office: 530.550.2255 530.550.2205 Fax Mailing Address:299 Nevada Street,Auburn, CA 95603 N89'53'00"W 288.40 3/4" IRON PIN W/COPPER COLLAR STAMPED "LS 6596" (12 RS 465) N ~ MONEY 0 J 97-01 2852 � �U `- Z Z W -j Md 25 100 300 LLJ to Z It 0 50 200 W N �a 00 6 N Lo 9- M 0 u 1n 10 to -- o -- - 00 W NORTH PORTIONL o ui POR. EAST 1/2 Z V)i Lo LOTS 1 & 2 0 Lo 00 o NW1/4SEC5 Z 00 O (12 RS 465) 0 0 to 4.77t AC z Z ly- Q 0j F-- z ?� rn r4) - LJL 0 W (n O Z 0= M D 1Un (o Z W o ,J O_ Q Z N =II w- POB -- LL Z 'S61'34'52"E Q 16.77 to �I 04 R_825.00 S 4.1 EXHIBIT 'S' e-12.44'47" �o9939"E TRUCKEE r uJ L=183.53 68 DONNER P.U.© S67'57'15"E EXISTING GLENSHIRE DRIVE in 183.16 �,` CENTERLINE A PORTION OF a GLENSHIRE DRIVE SECTION 15, T.17 N., R.17 E., M.D.M. I TOWN OF TRUCKEE 5/8" IRON PIN NEVADA COUNTY, CALIFORNIA STAMPED: PLS 2712 SCALE: 1"s100' NOVEMBER 26, 2003 AN DREGG GSOMATICS X:\Idd2\1176401\dwg\1176401sx.dwg, 12/18/03 01:32:21pm, James a�ndroonoam G EOMATICS We take your position precisely. November 25,2003 EXHIBIT "B" Lands of Truckee Donner Public Utility District -Somherly Portion A portion of the tract of land described in the deed to the Truckee Donner Public Utility District recorded in Instrument No. 2002-005266,Nevada County Records as shown and so designated on the plat filed in Book 12 of Surveys at Page 465,Nevada County Records, located in Section 5,Township 17 North,Range 17 East,M.D.M.,Nevada County California. All that portion of the above described lands of Truckee Donner Public Utility District lying southerly of the centerline of Glenshire Drive,described as follows: Beginning at the point of intersection of the existing centerline of said Glenshire Drive with the West line of the above described lands of Truckee Donner Public Utility District, and from said point a 5/8"diameter iron pin stamped"PLS 2712"marking the Southwest corner of said lands of Truckee Donner Public Utility District bears South 00055'46"East for a distance of 646.97 feet;thence from the point of beginning along said existing centerline the following three(3)consecutive courses and distances: (1)South 61°34'52" East for a distance of 16.77 feet;(2)along the arc of a tangent curve to the left having a radius of 825.00 feet, a central angle of 12°44'47", a length of 183.53 feet and a chord bearing South 67*57'15"East for a distance of 183.16 feet;and(3)South 74"19'39" East for a distance of 109.68 feet to a point on the Easterly line of said lands of Truckee Donner Public Utility District; thence South 00°55'46"East along said Easterly line for a distance of 535.27 feet to the Southeast corner thereof;thence South 88°34'56"West along the Southerly line of the lands of Truckee Donner Public Utility District for a distance of 288.35 feet to the Southwest corner thereof;thence North 0005546"West along the Westerly line of the lands of Truckee Donner Public Utility District for a distance of 646.97 feet to the point of beginning. Containing 3.86 acres,more or less. NL tMAR p� 4josotJ �, cvL �3 X.Udd211176401 tarea South.doc F CA 0 Auburn Office; 530.885.7072 800.400.7072 530.886.5798 Fax I Truckee Office:530.550.2255 530.550.2205 Fax Mailing Address: 299 Nevada Street,Auburn, CA 95603 I POB S617' 2�E omco 6 � L -J 00N0 Z z j 0 S74. 9,3rn R=825.0 9 f vz log 8L=183.5 Sn }. S67'57'15"E 1 16 EXITING o . U) CENTERLINE m z GLENSHIRE DRIVE M l \ ^ Z rn ui o SOUTH PORTION W cq t c° POR. EAST 1 2 LOT 1 z z " z Lo NW 1/4 EC 5 w w 3.86±AC �- w 3 �Ln P. Ln w 1n 0 (n 0 u) .00 Z r Z cn � 0 Z N Q Q U II v1 ` 5/8" IRON PIN STAMPED "PLS 2712' \ r S88'56'27"W 288.35 5/8" IRON PIN EXHIBIT 'B' STAMPED USA TRUCKEE "PLS 2712" DONNER P.U.D GLENSHIRE DRIVE A PORTION OF 25 100 300 SECTION 5, T.17 N., R.17 E., M.D.M. 0 50 200 TOWN OF TRUCKEE NEVADA COUNTY, .CALIFORNIA SCALE: 1998100' NOVEMBER 26, 2003 ANDREGG GEOMATICS www.nndr* o.00rn �0.400.707>! X:\Idd2\1176401\dwq\1176401ex.dwq, 12/18/03 01:32:20pm, Jomes 7 � Fy " X00'lf•7Y—W "67.65(q AI�a g eyy®®.♦ GFGGc .4 fit Atjjf.,:;% 11 «ooUXI) wl xeo2oxl) G�wi ^P SW 1/4 it A 1 1 « ia7.7 a r47Ku A 1 al s7u7stq Xaoes4s'r(1l I uro.xe(o►) : 11 y a sill 12 —�x00bYrf'X — I�V � I��•N�(� I� ��♦ ..11l �$ N0046'a/Y(2l -�-1 1 y G g yQ� N fEsLc,aX SI PER(2) I I + a >a I Sa SAN FRANCISCO LY CASTING CLUB a I N E 1/2F INST. N 97-0285$3 �N �al !p1 _"� I L0T 1 I ; m I Y` '3. 1 I rS007r(ISOr.77K1)— 61 C IOf' R x 1 D I =a a" •a ; �� A P2 sIa _� I lull t ., Ily^1S( I Xoo 6f 4f w 1 1 13MA7(13M.ofxl) ^^^�111 —J 350.06 gyp•�� I !+ 40 ,j�' y6� G GL£NSHIRE UNIT No.t 3 SUBS 32 i Lam. 13 A , 0.4 x o �1, o z A 9 Rn su s : a �T N � � C � Exhibit C (Legal Description of the Power Distribution Lines) [on following page] 8 April 7, 2006 EXHIBIT 'C' EASEMENT DESCRIPTION FROM THE SAN FRANCISCO FLY CASTERS CLUB TO THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT A portion of the tracts of land described in the Grant Deed to the San Francisco Fly Casters recorded in Volume 1 at Page 420, Official Records of Nevada County, together with a portion of the tract of land described in the Grant Deed to the San Francisco Fly Casters Club recorded in Volume 428 at Page 147, Official Records of Nevada County, located in Sections 5 and 6, Township 17 North, Range 17 East, M.D.M., Town of Truckee, Nevada County, California. An easement on, over, and across a strip of land having a right angle width of twenty (20.00) feet lying ten (10.00) feet on either side of the following described lines: Area 'A' Beginning at a point on the Northerly line of the above described Section 5, and from said point a three quarter inch diameter iron pipe marking the North quarter corner of said Section 5 bears South 88034'51" East along said Northerly line for a distance of 660.58 feet; thence from the point of beginning leaving said Northerly line, thence South 07009'16" East for a distance of 81.51 feet to a point hereinafter referred to as Point A, thence South 07009'16" East for a distance of 2180 feet more or less to a point on the Southerly line of the lands of the San Francisco Fly Casters Club as described in the above described Grant Deed filed in Volume 1 at Page 420, Official Records of Nevada County, and the point of terminus of said strip of land. Area 'B' Beginning at the above described Point'A'; thence South 58034'39" West for a distance of 3622 feet, more or less to a point on the Southerly line of the lands of the San Francisco Fly Casters Club as described in Book 428 at Page 147, Official Records of Nevada County, and the point of terminus of said strip of land. Note: The sidelines of the above described strips of land shall shorten or lengthen as the case may be terminate in the boundary lines of the Grantors real property described herein. The Basis of Bearings for this survey is identical to that used for the for Record of Survey, filed in Book 12 of Surveys, Page 466, N.C.R. XALDD211 1 7 6 40 31D=\1176403ease.dac Exhibit D (Map of Power Distribution Lines) [on following pages] 9 EXHIBIT `D' NW CORNER SECTION 5 ' FND 3" CAPPED IRON PIPE . N89'42'i5"E 31 32 1319.99 8 5 400' �.._ Z w 3 00 F v g SFFCC W � M � 14280R147 N S I � Q I � to = AREA j'B' 04 En 20' ANSMISSION LINE EASEMEN N 4p��acry Mn 40or 3 c6 z 55 16p7.116(TTIE) S ry j �. NO 33 6 4.,�4"W " 326. N88 35 08 W S 8 36'45"W LS 6596 79.31 * Ec331, - OF CA�� TPDUD EASEMENT _ A PORTION OF SECTION 5, T.17 N., R.17 E., M.D.M. NEVADA COUNTY, CALIFORNIA SCALE: 1"=500' APRIL 7, 2005 AN DREGG 128 C G LOMATIGS ww a z�a mewidrows oo m aoa1ooao72 X\LDD2\117a403\dw9\71764O3wx.dw4, 04/17/06 03:09:08m, wMnow SHEET 2 OF 2 EXHIBIT `D' N 1/4 SECTION 5 FND 3/4" IRON PIN NW CORNER SECTION 5 IN STONE MOUND FND 3" CAPPED IRON PIPE POS AREA 'A' 31 32 S88'34'51"E 2616.14 6 5 60. 20' TRANSMISSION LINE S1'51 6(,6)8 EASEMENT POINT 'A' SFFCC �,�� � OB 1 OR 420 *� AREA 'B' 10' cam' M .49 � N 10' S 1 t0 J Qy 10' jD AREA 'A' 0) rn cv 20 TRANSMISSION LINE I a EASEMENT S89'53'00"E 2621.78 M NCL O © Z F 10, g N S LINE PARCEL 1 z Q 1 OR 420 USA TAHOE NATIONAL FOREST Up C 1/4 SEC 5 N88 33'00 E 2628.91 12 STATUTES 489 I APPROX. LOCATION TPDUD EASEMENT °sYdi, A PORTION OF LS 6596 _N_ SECTION 5, T.17 N., R.17 E., M.D.M. EXPIRES * EXP * CALIFORNIA s�q EC 31, �-�� NEVADA COUNTY, OF SCALE: 111400' APRIL 7, 2006 III 12S s U AN DREGG �f=OMATiCS 0 'SO www ondross•oom e04-400-7072 SHEET 1 OF 2 X:\LDD2\1176403\drq\117E403exdwo, 04/19/06 04026:44m, WAlow 1 E � PublicDistrict Resolution No. 2007 - XX APPROVING EASEMENT AGREEMENT FOR POWER DISTRIBUTION LINES AND RECIPROCAL QUITCLAIMS WITH SAN FRANCISCO FLY CASTING CLUB WHEREAS, the District owns that certain real property located within the Town of Truckee, County of Nevada, State of California as set forth on the Record of Survey prepared by Andregg, Inc. and filed in Book 12 of Surveys, Page 465, Nevada County Records (the "District's Property'); and WHEREAS, the San Francisco Fly Casting Club, a California corporation, owns certain property adjacent to the District's Property within the Town of Truckee, County of Nevada, State of California as set forth on the Record of Survey prepared by William Grimm and filed in Book 11 of Surveys, Page 393, Nevada County Records (the "Fly Casting Club's Property"); WHEREAS, there exists a discrepancy as to the proper boundaries of the District's Property and the Fly Casting Club's Property due to an improperly marked corner in a previous survey; WHEREAS, both the survey prepared by Andregg, Inc. at the request of the District and the survey prepared by William Grimm at the request of the Fly Casting Club agree as to the proper legal boundary of the District's Property and the Fly Casting Club's Property; WHEREAS, the Fly Casting Club has agreed to enter into the Easement Agreement for Power Distribution Lines and Reciprocal Quitclaims in which it will exchange reciprocal quitclaims with the District based upon the respective Andregg, Inc. and William Grimm surveys and also will grant the District an express easement for the continued operation of two existing power distribution lines over the Fly Casting Club's Property; and WHEREAS, and WHEREAS, the District has entered into a contract to sell the District's Property to a third party and it is in the best interest of the District to resolve this boundary line dispute to maximize the value of the District's Property prior to the impending sale and to also receive a written, express easement for the continued operation of these two power distribution lines; 1 Resolution 2007-XX NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS THAT: The Board adopts the above recitals as is findings. The President of the Board of Directors and the General Manager are authorized to enter into and execute the Easement Agreement for Power Distribution Lines and Reciprocal Quitclaims by and between the District and the San Francisco Fly Casting Club. The President of the Board of Directors and the General Manger are also authorized to execute all other documents and take all actions necessary to effect the Easement Agreement for Power Distribution Lines and Reciprocal Quitclaims, including, without limitation, executing and recording the quitclaim deed to the San Francisco Fly Casting Club. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the fifth day of July, 2007 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Tim F. Taylor, President of the Board ATTEST: Peter L. Holzmeister, District Clerk 2 Resolution 2007-XX