HomeMy WebLinkAboutRES 1986-05 - Board P
RESOLUTION NO. 8605
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ESTABLISHING DISTRICT POLICY FOR ABANDONMENT
OR RELOCATION OF UNUSED RESERVED EASEMENTS
WHEREAS , public as well as District interest is to be served by the
implementation of consistent, concise and understandable policies and
procedures; and
WHEREAS, on October 1 , 1984 the Board of Directors of the Truckee Donner
Public Utility District adopted Resolution No. 8461 establishing a policy
for abandonment of unused reserved easements; and
WHEREAS, on October 15, 1984 the Board of Directors amended the policy by
way of Resolution No. 8467 to allow for easier and more effective
implementation by staff; and
WHEREAS, the Board has determined the need to address the relocation of
unused reserved easements as well as abandonment;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District as follows:
r.-• 1. That the policy for the abandonment or relocation of
unused reserved easements attached hereto as Exhibit
"A" is hereby adopted and effective this date.
2. That all previous policies relating to abandonment
or relocation of easements are hereby rescinded.
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 7th
day of April 1986 by the following roll call vote:
AYES: Cooley, Corbett, Hamilton, Sutton and Maass.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By: S)'I", ck
Jam4h A. Maass, President
ATTEST
Susan M. Craig, Deputy D trict Clerk
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POLICY ITEM: ABANDONMENT OR RELOCATION OF UNUSED RESERVED EASEMENTS
Date issued: April 7 , 1986 Reference: Resolution No. 8605
Date effective: April 7 , 1986 Replaces Resolution No. 8461
TRUCKEE DONIIBR PUBLIC UTILITY DISTRICT
P O L I C Y S T A T E M E N T
PURPOSE The purpose of this policy is to guide the District in its
decisions regarding abandonment or retention of unused easements or
relocation of existing easements as a result of lot line adjustments. At
the time that development 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 or relocated.
When a property owner petitions the District to abandon or relocate unused
reserved easements, the following procedures shall be foll.,wed.
IIMNT 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 imions that will not be used in the future by the
District.
FORM OF PRITTUM A request that the District abandon or relocate an unused
easement shall mode--iy-patitiou in the following form.
Petitions to abandon or vabooate an sasema t 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 or relocated.
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 or
relocation of the easement.
6) A description of why the petitioner requests the
�,,.. easement be abandoned or relocated.
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.
r
8) Contain the name and notarized signature , as well as
mailing address , or 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 preparation of the necessary documents.
i
REVIEW OF PETITION A petition to abandon or relocate unused easements
shall be reviewed by the District Engineering Department in cooperation
with the Water and Electric Foremen. The petition, proposed quitclaim deed
' and new easement if applicable shall be reviewed by District Counsel.
A recommendation 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 or relocate an easement
shall be a Hoard level decision. If the Board votes to abandon or
relocate, it shall do so by resolution, said resolution setting forth the
pertinent facts giving rise to abandonment or relocation, and noting that
only the ou"ect esosmsat is being released in order to insure District.
t
retention of any ot casements located on the sane 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 ressons set forth by petitioner for requesting
abandonment or relocation.
FORM OF ABANDO 01 OR RELOCATION
1) Any abaadosment of an easement specific to the
Truckee Donner Public Utility District shall be
accomplished by quitclaim deed.
2) Any relocation of an easement specific to the
Truckee Donner Public Utility District shall be
accomplished by the District Quitclaiming its
interest in the old easement and the land owner
granting a new easement by grant deed to the
District.
3) Any abandonment or relocation of a public utility
easement shall be accomplished by a letter executed
by the General Manager to the County in which the
parcel is located.
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