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HomeMy WebLinkAboutRES 1984-67 - Board RESOLUTION NO. 84 67 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AMENDING POLICY FOR ABANDONMENT OF UNUSED RESERVED EASEMENTS WHEREAS, on October 1, 1984, the Board of Directors of the Truckee Donner Public Utility District adopted Resolution No. 8461 establishing a policy for the abandonment of unused reserved easements; and WHEREAS, upon review of the policy it has been determined that several amendments thereto would allow easier and more effective imple- mentation by staff; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: le That the amended policy for abandonment of unused reserved easements attached hereto as Exhibit `+A" is hereby adopted this date and all previous policies are of no further force and effect. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a regular meeting held within said District on the 15th day of October , 1984, by the following roll call vote: AYES: Cooley, Corbett, Duffy, Hamilton and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT B J es A. Maass, President ATTEST. Susan M. Craig, Deputy DistioOct, Clerk POLICY ITEM: ABANDONMENT OF UNUSED RESERVED EASEMENT Date issued: Reference: Date effective: Truckee Donner Public Utility District POLICY STATEMENT PURPOSE The purpose of this policy is to guide the District in its decisions regarding abandonment or retention of unused easements. At the time that de- velopment occurs, there is uncertainty as to the need for the extension of water and electric lines. Based on that uncertainty, it is prudent for the District to secure utility easements for future line extensions. As an area completes its development, the uncertainties become less present, and certain reserved easements can be abandoned* when a property owner petitions the Dis- trict to abandon an unused reserved easement, the following procedures shall be followed. INTENT It is the intent of this policy to protect the District's access to easements while giving property owners the opportunity to clear their parcels of easement restrictions that will not be used in the future by the District. FORM OF PETITION A request that the District abandon an unused easement shall be made by petition in the following form. Petitions of abandonment of an easement shall: 1) Identify the parcel involved by referring to the recorded Book and page number of the subdivision, and the Assessor's parcel number. 2) Contain a sufficient description of the easement to allow the District to clearly identify what easement is requested to be abandoned. 3) State whether any utility line of any type is presently using the easement, or has used the easement during the past five years. 4) Contain a sketch of the parcel and all adjoining parcels showing water and electric lines serving said parcels. 5) Contain a statement that the petitioner shall pay any recording fees associated with abandonment of the easement. b) A description of why the petitioner requests the easement be abandoned. 7) Contain the statement that petitioner is aware that the District makes no guarantee that its quitclaim alone is sufficient to clear the title of the easement. Y R_ 8) Contain the name and notarized signature, as well as mailing address, of each owner of record of the parcel on which the easement sits. PAYMENT OF COSTS Payment of $150 by petitioner shall accompany each petition presented to the District to cover District costs related to review and prep- aration of the abandonment documents. REVIEW OF PETITION A petition to abandon unused easements shall be reviewed by the District Engineering Department in cooperation with the Water and Elec- tric Foremen. The petition and proposed quitclaim deed shall be reviewed by District Counsel. A reconmendat ion will be made to the General Manager taking into consideration the District's future plans for the extension of utility lines. ACTION BY BOARD OF DIRECTORS A decision to abandon an easement shall be a Board level decision. If the Board votes to abandon an easement, it shall do so by resolution, said resolution setting forth the pertinent facts giv- ing rise to abandonment, and noting that only the subject easement is being released in order to insure District retention of any Other easements located on the same parcel. In making its decision, the Board shall consider future District plans for water and electric lines, the proximity of the parcel to undeveloped property, and the reasons set forth by petitioner for requesting abandonment. FORM OF ABANDONMENT Any easement abandonment shall be accomplished by quit- claim deed. smc 10/9/84