HomeMy WebLinkAbout11 Town of Truckee for a Public Bike/Pedestrian Trail 11270 Trails End Rd. A
genda Item
TRUCKEE DONNER
Public Utility District
. ................
CONSENT
To: Board of Directors
From: Kathleen Neus
Date: March 07, 2012
Subject: Consideration of Granting an Easement to the Town of Truckee for
a Public Bike/Pedestrian Trail across District property located at
11270 Trails End Rd, APN 19-400-27
1. WHY THIS MATTER IS BEFORE THE BOARD
Board authorization is required to grant an easement on District property.
2. HISTORY
The Town of Truckee Trails & Bikeways'Master Plan calls for a paved trail running
from Trails End Road at Pioneer Commerce Center to Bridge Street. The trail
segment identified as Trail 20 is shown on the map (Attachment 1).
A condition of the Development Agreement between East-West Partners and the
Town of Truckee calls for East-West Partners to construct the trail from Gra 's
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Crossing through the Pioneer Commerce Center paralleling Highway 80 where it
crosses District property ending at Bridge Street just above Town. The trail is located
on District owned property; the District's corporation yard. District staff had met with
Town staff to review the proposed trail and alignment.
In September of 2007, this item was brought before the Board. At the September 19
2007, meeting the Board approved a right-of-entry to East-West Partners and directed
staff to work with the Town to prepare an appropriate easement.
3. NEW INFORMATION
District staff has met with the Town staff prior to the building of the trail to discuss
design details and to review the alignment. Construction of the trail was completed in
the fall of 2007.
At the time, there were issues regarding liability and hold harmless agreements
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between the District and the Town of Truckee. The issues have been resolved, yet no
easement had every been granted. A copy of the proposed easement is included as
Attachment 2.
The easement has been reviewed by District counsel.
4. FISCAL IMPACT
There is no fiscal impact associated with this item.
5. RECOMMENDATION
Grant an easement to the Town of Truckee for a Public Bike/Pedestrian Trail located
on District property APN 19-400-272 11270 Trails End Road.
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Michael D. Holley
General Manager
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Attachment 2
Recording Requested By:
Truckee Donner Public Utility District
11570 Donner Pass Rd
Truckee, CA 96161
Return to: Truckee Donner Public Utility District
11570 Donner Pass Rd
Truckee, CA 96161
Not Subject to Fees: GCS 66499.35
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AND TOWN OF TRUCKEE EASEMENT& MAINTENANCE AGREEMENT
GRAY'S CROSSING OFF SITE DOWNTOWN TRAIL
This Easement Agreement ("Agreement") is made and effective this day of
2012, in Truckee, California, by and between Truckee Donner Public UtilityDistrict a public
agency(TDPUD), and the Town of Truckee, a municipality(Town).
wITNESSETH
Whereas, TDPUD is the owner of real property (APN 19-400-27 & 28) in the Town of
Truckee, County of Nevada, State of California;
Whereas, Town desires an easement across certain of the TDPUD property for a
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recreational trail; and
Whereas, TDPUD is willing to grant a recreational trail easement to Town on the ter
ms
and conditions set forth below.
NOW, THEREFORE, it is agreed as follows:
1. RECITALS AND UNDERSTANDINGS
The purpose of this Agreement is to set forth the various duties res onsibil'p ifies and
commitments of the parties with regard to ownership, repair, replacement, administr
ation ration and
maintenance of a recreafional trail.
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1
2. GRANT OF EASEMENT
TDPUD hereby grants to Town a permanent easement for the existing paved
recreational trail ("Trail") over the TDPUD property to be used only for walking, jogging, biking,
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strollers, wheelchairs, rollerblading, skate-boarders and other non-motorized uses by the public,
hereinafter collectively referred to as "Recreation Trail Easement". The Recreation Trail
Easement is described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated
herein by this reference. The easement shall allow the maintenance of the Trail. This
Agreement shall be recorded by TDPUD in the official records of Nevada County.
3. MAINTENANCE RESPONSIBILITY FOR RECREATION TRAIL
Town, at its sole expense, shall use, maintain, operate, repair and replace the t
P p rail and
easement in accordance with acceptable maintenance standards and as described in Exhibit B.
The Town's failure to comply with the maintenance standards identified in this agreement shall
constitute default of the Agreement.
4. ASSIGNMENT AND PROHIBITED USES
Town shall not assign, transfer, mortgage, pledge, or encumber its interest in the
Recreation Trail Easement, or allow any person or entityto occupy or •
py use the Recreation Trail
Easement or any portion thereof inconsistent with this Agreement without the prior written
consent of TDPUD, which shall not be unreasonably withheld. Any assignment or encumbrance
without TDPUD's consent shall be void and shall, at the option of TDPUD terminate the
Recreation Trail Easement. The Recreation Trail Easement shall not be used for any
commercial purpose and may not be used by any motorized vehicles as except '
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provided herein, without TDPUD's prior written consent.
5. REPAIR OF DAMAGE TO TDPUD PROPERTY
Town shall promptly repair any damage to TDPUD property caused b Town'
Y s officers,
employees, agents, independent contractors or volunteers, users of the Recreation Trail
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notice thereof from TDPUD to Town, then TDPUD may repair the damage and bill Town for the
costs of such repair. Any such bill shall be paid within 30 days after its date. Interest shall
accrue on any late payment at the legal rate.
0. REMEDIES ON DEFAULT
In the event that Town, its officers, employees, independent contractors, agents,
volunteers or invitees shall fail to perform any of its obligations or duties specified herein or use
the Recreation Trail Easement in a manner inconsistent with the terms and provisions of this
Agreement, TDPUD shall give Town written notice, specifying wherein Town is in default. Town
shall have 80 days from the date of said notice to cure any alleged default before TDPUD may
terminate the Recreation Trail Easement or pursue any remedy provided by law.
7. SUCCESSORS
In the case of an assignment or transfer to which TDPUD consents, this Agreement shall
be binding on and inure to the benefit of the successors and assigns of the parties. Except for
assignment or transfer to which TDPUD consents, this Agreement as set forth previously is
nontransferable and nonassignable.
8. MISCELLANEOUS PROVISIONS
This Agreement is governed by the laws of the State of California and any questions
arising under this Agreement shall be construed or determined according to such law. Time is
of the essence of this Agreement. All provisions, whether covenants or conditions, on the part
of TDPUD and Town shall be deemed both covenants and conditions.
9. GENERAL INSURANCE
Town, at its sole cost and expense, shall maintain public liability insurance under its Joint
Powers Authority insuring TDPUD, its officers, directors, officials, employees, agents and
volunteers against all liability, claims, demands, damages, costs, or losses arising out of or in
connection with Town's duties, operations and activities pursuant to this Agreement and the use
of the Easement.
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The insurance shall be endorsed to name TDPUD, its directors, officers, officials,
employees, agents and volunteers as additional insureds regarding liability arising out of Town's
duties, activities and operations under this Agreement and the use of the Easement. Town shall
provide TDPUD with ISO CG 2010 endorsement forms or equivalent. The coverage shall
contain no special limitations on the scope of protection afforded to TDPUD, its directors,
officers, officials, employees, agents or volunteers. Town's coverage shall be primary and shall
apply separately to each insured against whom a claim is made or suit is brought, except with
respect to the limits of the insurer's liability. TDPUD's insurance, if any, shall be excess and
shall not contribute with Town's insurance.
Prior to the effective date of the Easement, Town shall provide to TDPUD endorsements
evidencing this insurance signed by a person authorized to bind coverage on behalf of the
insurers). The certificates and policies shall provide that 30 days' written notice of any material
change, reduction of coverage or cancellation of the insurance policies will be provided to
TDPUD. The requirements as to the types, limits, and TDPUD's approval of insurance
coverage to be maintained by Town are not intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by Town under this Agreement. In addition, in the
event any change is made in the insurance carrier, policies or nature of coverage required
under this Agreement, Town shall notify TDPUD prior to making such changes.
10. INDEMNIFICATION AND HOLD HARMLESS
Town shall protect, indemnify, hold harmless and defend TDPUD, its directors, officials, officers
employees and agents, from and against any and all suits, actions, le judgments, al or
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administrative proceedings, arbitrations, claims, demands, causes of action, damages, liabilities,
,
interest, attorneys fees, fines, penalties, losses, costs and expenses of whatsoever kind or
nature, including but not limited to those arising out of injury to or death of Town's employees,
whether directly or indirectly caused or contributed to in whole or in part or claimed to be caused
or contributed to in whole or in part by reason of any negligent act, omission or fault or willful
misconduct whether active or passive of Town, its employees, agents, independent contractors
or invitees arising out of, in connection with or incidental to the performance of their duties
,
activities or operations under this Agreement or the use of the Easement(hereinafter referred to
as `Claim" or"Claims"). Town's aforesaid indemnity, defense and hold harmless obligations,
g ns, or
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portions or applications thereof, shall apply even in the event of the fault or negligence of the
party indemnified to the fullest extent permitted by law but in no event shall they apply to liability
caused by the sole negligence or willful misconduct of the party indemnified or held harmless.
Submission of insurance certificates or submission of other proof of compliance with the
insurance requirements in this Agreement does not relieve Town from liability under this
paragraph. The obligations of this paragraph shall apply whether or not such insurance policies
shall have been determined to be applicable to the Claim.
In any and all claims against TDPUD, or its directors, officers, officials, employees,
volunteers or agents, by any employee of Town, any independent contractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligation under this paragraph shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for Town or any of
its independent contractors under Worker's Compensation acts, disability benefit acts or other
employee benefit acts.
11.ATTORNEYS FEES
In the event that any arbitration, litigation or other action or proceeding of any nature
between TDPUD and Town becomes necessary to enforce or interpret all or any portion of this
Agreement or because of an alleged breach by either party of any of the terms hereof, it is
mutually agreed that the losing or defaulting party shall pay the prevailing party's reasonable
attorney's fees, costs, and expenses incurred in connection with the prosecution or defense of
such action or proceeding.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. The parties intend
this Agreement to be a final expression of their understanding for the transaction it covers. The
parties intend that this Agreement supersede any prior agreements the parties may have
reached concerning the Property, and may not be contradicted by evidence of any prior
agreement or contemporaneous oral agreement. The parties further intend that this Agreement
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be complete and exclusive, and that no extrinsic evidence may be introduced in any judicial or
arbitration proceeding involving this Agreement.Any attached addenda, either signed or initialed
by the parties, shall be deemed a part of this Agreement. There are no other understandings,
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either oral or written that alter or enlarge this Agreement, and there are no warranties or
representations, either express or implied, except as set forth in this Agreement.
13. SEVERABILITY
If any term or provision of this Agreement is, to any extent, held invalid or unenforceable
the remainder of this Agreement shall not be affected.
14. WAIVER OF RIGHTS
No waiver or breach of any covenant or provision in this Agreement shall be deemed a
waiver of any other covenant or provision, and no waiver shall be valid unless in writing and
executed by the waiving party.
15. REMEDIES NOT EXCLUSIVE
The use by either party of any remedy specified herein for the enforcement of this
Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the
application of, any other remedy provided by law.
16. NOTICES
All notices, statements, reports, approvals, or requests or other communications that are
required either expressly or by implication to be given by either party to the other under this
Agreement shall be in writing and signed for each party by such officers as each may, from time
to time, authorize in writing to so act. All such notices shall be deemed to have been received
on the date of delivery if delivered personally or three days after mailingif enclosed in a properly p p Y
addressed and stamped envelope and deposited in a United States post office for delivery.
ry.
Unless and until formally notified otherwise, all notices shall be addressed to the parties at p their
addresses shown below:
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Truckee Donner Public Utility District
11570 Donner Pass Rd
Truckee, CA 96161
Attention: General Manager
Town of Truckee
10183 Truckee Airport Road
Truckee, CA 96161
Attention: Town Manager
17. INTERPRETATION OF THIS AGREEMENT
The parties acknowledge that each party has reviewed, negotiated and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or any document executed and delivered by any party in connection with the transactions
contemplated by this Agreement.
In Witness Whereof, TDPUD and Town, pursuant to action and approval hereof by the
respective governing boards, have caused this Agreement to be executed on the day and year
first above written as follows:
Truckee Donner Public Utility District Town of Truckee
By: By:
Michael Holley, General Manager Town Manager, Tony Lashbrook
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"EXHIBIT A"
LEGAL DESCRIPTION
TRAIL EASEMENT
Description of a 20' wide easement for trail purposes across portions of Resultant Parcels 2
(APN 19-400-27) and 3 (APN 19-400-28) as shown on Exhibit B for lot line adjustment 06-015
and recorded in grant deeds recorded as document no. 2006-0043348 and 2006-0043349,
Official Records, Nevada County, located within a portion of the S.E. % Section 10, Township
17 North, Range 16 East, Mount Diablo Base and Meridian, in the Town of Truckee, County of
Nevada, State of California, the limits of which lying 10 feet on each side of the following
described centerline:
Commencing at a point on the southeasterly boundary line of Resultant Parcel 3, per grant
deed, recorded as document no. 2006-0043349, Official Records, Nevada County;from which
the southernmost property corner of said Resultant Parcel 3 bears South 57034'47"West,
622.11 feet; said point also being the true point of beginning;thence North 42°01'54"West,
222.69 feet; thence North 47030'51"West, 181.10 feet;thence North 42°29'09 East, 7.14 feet;
thence along the arc of a curve to the right having a radius of 27.00 feet, a delta angle of
74036'23"and an arc length of 35.16 feet;thence South 62°54'28" East,35.10 feet; thence
South 66033'11" East, 36.04 feet;thence South 45°59'00" East, 48.56 feet;thence along the arc
of a curve to the left, having a radius of 220.00 feet, a delta angle of 28056'51"and an arc length
of 111.15 feet; thence along the arc of a curve to the right, having a radius of 85.00 feet, a delta
angle of 27°04'58"and an arc length of 40.18 feet;thence South 47050'53" East, 95.49 feet;
thence South 57047'11" East, 90.63 feet; thence along the arc of a curve to the left, having a
radius of 85.00 feet, a delta angle of 18015'51"and an arc length of 27.10 feet;thence along the
arc of a curve to the right, having a radius of 85.00 feet, a delta angle of 39°44'41"and an arc
length of 58.96 feet;thence along the arc of a curve to the left, having a radius of 82.50 feet, a
delta angle of 43°31'55"and an arc length of 62.68 feet;thence South 79050'16" East, 148.91
feet;thence along the arc of a curve to the left, having a radius of 48.00 feet, a delta angle of
49031'08"and an arc length of 41.48 feet;thence running parallel to and 10'northwesterly of the
southeasterly property line common with the northwesterly right of way line of Interstate
Highway 80 the following two courses North 50038'36"East, 55.64 feet;thence North 58°31'32"
East, 63.94 feet;thence along an arc of a curve to the left, having a radius of 225.00 feet, a
delta angle o 17009'16"and an arc length of 67.37 feet to the easterly property line of said
Resultant Parcel 2, from which the southeasterly property corner of said Resultant Parcel 2
bears South 00*06'17"West, 23.49 feet.
Sidelines of said 20'wide easement shall lengthen, or shorten to terminate at the southeasterly
property line of Resultant Parcel 3 and the easterly property line of Resultant Parcel 2.
LAND
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` I.S. 8321
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EXHIBIT "B"
TO SUPPORT '20 WIaE TRAIL EASEMENT
BEING A PORTION OF THE S.E.114 SECTION 10,T.17N.,R.16E.,M.D.B.8i M.
IN THE TOWN OF TRUCKEE,COUNTY OF NEVADA AND THE
STATE OF CALIFORNIA
SCALE:1" = 300'
LINE TABLE
LINE LENGTH BEARING A BASIS OF BEARINGS: L1 622.11 S5T°34'47"W °-
THE BASIS OF BEARINGS IS IDENTICAL � 222.fi9 N42.01,�"W �
TO THAT PARCEL MAP FOR 0.SANDERS
RECORDED IN BK.12 OF SURVEYS, L3 181.10 N47°30'51"W o;,
PG.106,O.R.N.C. L4 7.14 N42°29'09"E
L5 35.10 S62°54'28"E
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L6 36.04 S66°33'11"E
L7 48.56 S45°59'000E o:
L8 95.49 S47°50'53"E #
L9 90.63 S57°4T11"E
L10 148.91 S79*50'16"E
T.D.P.U.D. L11 55.64 N50°38'36"E z
RESULTANT PARCEL 2 L12 63.94 N58°31'32"E
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PER DOC.2006-0043348 L13(TIE) 23.49 S00,006'17"VII
O.R.N.C. z
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CURVE TABLE
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CL OF 60'RIW OFFER FOR DEDICATION CURVE LENGTH RADIUS DELTA Q
TO COUNTY OF NEVADA,BK 932,PG.491,
O.R.N.C. ClC1 35.16 27.00 74°3623" y
C2 111.15 220.00 28056'51 n tom-
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C3 40.18 85.00 27°04'58"
C4 27.10 85.00 18015,51"
C1 CENTERLINE OF 20' C5 58.96 85.00 39°4441"
L5 WIDE TRAIL EASEMENT Cfi 62.58 82.50 43°31'55"
L4 L6 C7 41.48 48.00 49°31'08" d
LT C2 C8 67.37 225.00 1700916" cm
C3 a
L8 rQ
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L3 CS L13(TIE
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L11 C
C6 C7 L12 �d LAND
T.D.P.U.D. L2
RESULTANT PARCEL 3 Lio Q� `'
PER DOC.2006-0043349 C5 `�` N D• A
O.R.N.C. GF I.S. 8321 cs
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