Loading...
HomeMy WebLinkAbout8 Red Mountain Water Tank Eii�i� Memorandum To: Board of Directors From: Ed Taylor, Water Utility Manager Date: 3/1/2002 Subject: Approving a deed restriction on the property for the Red Mountain Water Tank, Placer County Assessor's Parcel Number 069-383-016. BACKGROUND: The Donner Lake water System Rehabilitation Project has identified the need fcr anew and larger water tank at the Red Mountain site. Staff has been working on the environmental approvals to replace the old tank with a new larger tank in Donner Lake at the Red Mountain Tank Site. The District contracted with Garcia and Associates to conduct a study to evaluate the site to replace the current leaking water tank with a new water tank. The tank can be constructed on this site but the majority of the property of this parcel is wet lands. Constructing the tank will cause a minor amount of disturbance to the wet land area adjacent to the tank, thus requiring DISTRICT to obtain a permit from the Army CORPS of Engineers in order to undertake the tank project. As a condition of issuing a permit for the tank project, the CORPS has requested District to grant a negative easement or an equivalent deed restriction on the District property, as a means of ensuring that further development of the District property is restricted and that future impacts on wetlands are limited. RECOMMENDATION: 1 recommend that the Board approve the deed restriction on the property for the Red Mountain Water Tank, Placer County Assessors Parcel Number 069—383—016. Attachment: Deed Restriction Agreement 0 Page 1 -------------------------------------------- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: STEVEN C.GROSS PORTER SIMON Professional Corporation 40200 Truckee Airport Road Truckee.California 96161 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX$ DEED RESTRICTION THIS DEED RESTRICTION is entered into this _ day of , 2002, by and between the ARMY CORPS OF ENGINEERS, a branch of the United States Army, (hereinafter the "CORPS") and TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a public utility district organized and existing under the laws of the State of California (hereinafter "DISTRICT"), with respect to the following facts: RECITALS A. DISTRICT owns the real property located at on the south side of Donner Lake, within the Town of Truckee, County of Placer, California, designated as Placer County Assessor's Parcel No. 069 — 383 - 016, and described in Exhibit "A" attached hereto and made a part hereof by this reference (the "DISTRICT PROPERTY'). B. DISTRICT wishes to replace the water tank currently on the DISTRICT PROPERTY with a larger tank, as part of District's ongoing rehabilitation and repair of the Donner Lake water system. The tank construction project will have some impact on wetlands found on the DISTRICT PROPERTY, thus requiring DISTRICT to obtain a permit from the CORPS in order to undertake the tank project. C. As a condition of issuing a permit for the tank project, the CORPS has requested DISTRICT to grant a negative easement or an equivalent deed restriction on the DISTRICT PROPERTY, as a means of ensuring that further development of the DISTRICT PROPERTY is restricted and that future impacts on wetlands are limited. D. DISTRICT and the CORPS desire to enter into this Deed Restriction as herein set forth. WHEREFORE, the parties agree as follows: 1. Deed Restriction. For valuable consideration as herein set forth, DISTRICT hereby consents to the entry of a permanent Deed Restriction on the DISTRICT PROPERTY which prohibits DISTRICT and DISTRICT's heirs, successors, assigns and transferees, from: developing, constructing, improving, maintaining or using in any manner whatsoever, the DISTRICT PROPERTY, except as set forth herein. 2. Permitted Uses. Nothing in this Deed Restriction shall prevent, preclude, or prohibit DISTRICT from constructing, maintaining, operating, or replacing water tanks, pipelines, roads, the existing poles and lines for the transmission and/or distribution of electricity, or other facilities to be used in any lawful activity or service of DISTRICT, on the DISTRICT PROPERTY, or from undertaking any work or completing any project for which the CORPS has issued a permit or granted permission in writing. 3. Inspection of Improvement. The CORPS shall have the right to inspect the DISTRICT PROPERTY to ensure that it is being used in accordance with the application, plans and specifications submitted to the CORPS by DISTRICT, any permit issued by the CORPS to DISTRICT in connection with the tank project, and the terms and conditions of this Deed Restriction. Upon reasonable suspicion that the terms of this Deed Restriction are not being complied with, and after thirty (30) days written notice to DISTRICT that it will inspect the DISTRICT PROPERTY, the CORPS shall have the right to inspect the DISTRICT PROPERTY to determine compliance with the terms of this Deed Restriction. 4. This Deed Restriction must be properly executed by the parties and recorded with the Nevada County Recorder. 5. The CORPS may enforce the terms and conditions of this Deed Restriction through injunctive, or any other type of lawful relief. All costs and expenses, including attorneys' fees, incurred by the CORPS to enforce the terms and conditions of this Deed Restriction may be recovered by the CORPS through any lawful means. 6. Mediation. If any dispute arises out of or relates to this Deed Restriction, or the breach thereof, and if said dispute cannot be settled by negotiation, the parties agree first to try in good faith to settle the dispute by mediation. In the event the dispute is not resolved through mediation, the parties may commence legal or equitable actions based on the dispute. 7. Attorneys'Fees. In the event of any mediation or litigation to enforce or interpret the provisions of this Deed Restriction, the prevailing party shall be entitled to reasonable attorneys' fees as fixed by the Court. However, notwithstanding any other provision of this Agreement, in the event that a party commences a legal or equitable action without first trying in good faith to settle the dispute by mediation, including full participation in the mediation process, that party shall not be entitled to any award of attorneys' fees in the event it is the prevailing party in the legal or equitable action. 8. Governing Law. This Deed Restriction, and the rights and liabilities of the parties hereto, shall be construed according to the laws of the State of California. 9. Forum. Any litigation to enforce or interpret the provisions of this Deed Restriction or the parties' rights and liabilities arising out of this Deed Restriction or the performance hereunder shall be maintained only in the courts in the County of Nevada, State of California. 10. Binding on Successors. This Deed Restriction shall be binding upon the parties' heirs, successors, assigns, and transferees. DATED: 2 ARMY CORPS OF ENGINEERS DATED: TRUCKEE DONNER PUBLIC UTILITY DISTRICT ACKNOWLEDGMENT State of ) ss. County of ) On 2002 before me, the undersigned Notary Public in and for said County and State, personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person) whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his 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. Notary Public My Commission Expires: State of } ss. County of ) On 2002, before me, the undersigned Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person) whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his 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. Notary Public My Commission Expires: 3