DATE: June 22, 2021
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Table Mountain Rancheria - Release of Road Impact Fee Agreement
RECOMMENDED ACTION:
TITLE
Approve and authorize Chairman to execute the Release of Encumbrance Document (Road Impact Fee Agreement for Friant and Millerton Roads) for the benefit of Table Mountain Rancheria and relating to Assessor's Parcel No. 300-210-19S, located on the South side of Millerton Road between Friant and Auberry Roads.
REPORT
Approval of this action will allow the County remove a cloud on title from lands belonging to Table Mountain Rancheria (TMR) caused by Road Impact Fee Agreement No. 13-257 ("Road Agreement") (No. 2013-0136220 Original Records Fresno County), which was mistakenly recorded September 26, 2013, as shown in Exhibit A, for Assessor's Parcel No. 300-210-19S (Property). Even without being a title encumbrance, the Road Agreement will still obligate TMR to contribute funds to address off-site road impacts, as was the Road Agreement's original intent.
Removing this encumbrance from the title is necessary for TMR to move forward with transferring Title of Property to the United States Department of the Interior, so that it may hold the land in Trust for the benefit of TMR. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
Your Board may deny the recommended action identified above. Your Board may determine that the amended agreement does not adequately address TMR's obligation thus rejecting the Release of Encumbrance. This action will maintain the encumbrance on title and will hinder the ability to place the land into Trust. Denial will require your Board to identify the action or actions being denied and to direct department staff accordingly.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. If approved, TMR will continue to assume the obligation of the Road Agreement, ...
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