City of South Lm Tahoe

Transcription

1 City of South Lm Tahoe "making a positive difference now" NEW BUSNESS g Staff Report City Council Meeting of June 11, 2013 To: From: Re: Nancy Kerry, City Manager Stan Hill, Associate Civil Engineer Resolution Conditionally Abandoning a Portion of Laurel Avenue and Poplar Street as Public Right-of-Way Recommendation: Approve resolution conditionally abandoning a portion of Laurel Avenue and Poplar Street right-of-way and direct the City Clerk to record the abandonment. Background: On April 10, 2013, the City received an application to abandon a portion of Laurel Avenue and Poplar Street. The public right-of-way (ROW) being considered for abandonment is located near the California-Nevada state line and is within the Project ll (aka Chateau at Heavenly) project area that has laid dormant for much of the past six years. The Project ll proponents have submitted a Design Review app 1 ication to move the project forward in construction phases. The commercial retail portion of the project that is located along the U.S. Highway 50 (Hwy 50) frontage is being proposed as Phase 2. The work that was completed before the world-wide economic downturn that resulted in a cessation of Project ll construction is now referred to as the Phase 1 improvements. Phase 1 improvements consisted of the excavation of the lower subsurface area that was to become a parking garage under the development. Concrete foundations, walls and columns of the lower floor area were partially completed in the summer of Additional utility infrastructure was constructed within Cedar Avenue and Stateline Avenue. Completion of infrastructure within the Hwy 50 ROW was not finished at the time construction was halted. Consequently, the Hwy 50 frontage remains closed to pedestrian traffic. Near the time that construction halted, the Lake Tahoe Development Company, LLC (Lake Tahoe Development) submitted an overall project area final subdivision map. Pursuant to the tentative map Conditions of Approval, the abandonment of all public streets within the project area was to be included as a part of the final map. Pursuant to the definition of abandonment or "vacation" under California Streets and Highway Code Section 8309, the abandonment of the public ROW was effective when public utilities were relocated and excavation for the building foundation resulted in the public streets being impassable and unsuitable for the placement of public utilities. Public Works Department Services Center 1052 Tata Lane South Lake Tahoe, CA (530) (530) FAX

2 Street Abandonment-Laurel & Poplar June 11, 2013 Page 2 of 5 On October 30, 2007, a special City Council meeting was held to consider the approval of the final subdivision map. Recordation of the final map was conditioned upon various technical map corrections and the property being under common ownership of a single entity (or the approval of all affected property owners, which would have required individual signatures of approval for all 29 property owners represented on the final subdivision map). The two conditions were never realized and the project lay dormant for several years. Eventually, the original Project ll developer, Lake Tahoe Development filed for bankruptcy protection. Most of the property that was in Lake Tahoe Development's possession was purchased by Tahoe Stateline Venture, LLC as a part of the bankruptcy proceedings that concluded on May 9, n January 2013, a Major Design Review application to construct Phase 2 of the development was submitted to the City by the Tahoe Stateline Ventures, LLC (the Developer). A Certificate of Merge application was included with the Major Design Review application. The Certificate of Merge will consolidate six parcels that front Hwy 50 into a single parcel. Merging the parcels is necessary to allow building construction; a structure cannot be legally constructed over property lines and must be constructed on a single parcel. Discussion Because the Poplar Street public ROW separates parcels that the Developer desires to merge, an application for Abandonment of ROW was determined to be necessary. The extent of public ROW being requested for abandonment is included with the Resolution that is attached hereto. The California Streets and Highway Code, Section 8330 through provide for a "Summary Vacation" (abandonment) of public ROW if certain unique conditions exist. A Summary Vacation requires only one City Council Meeting for adoption of a Resolution of Abandonment. The pertinent sections of the California Streets and Highways Code (CA Code) are as follows: Section The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period Both conditions are met in considering the vacation of the proposed portions of Laurel Avenue and Poplar Street. The subject streets have been impassable to vehicular travel since construction began on Phase 1 in Furthermore, Section 8333 similarly provides for the vacation of public service easements as follows: Section The legislative body of a local agency may summarily vacate a public service easement in any of the following cases:

3 Street Abandonment-Laurel & Poplar June11,2013 Page 3 of 5 (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. Both cases (a) and (b) apply to the public ROW being considered for abandonment. n addition, staff sent out notices to all public utilities that were known to have utilities located in either Poplar Street or Laurel Avenue. All of the utility companies (with exception to Lakeside Water Company) acknowledged no interest in reserving the right to maintain a utility easement within the ROW being considered for abandonment. Notices were sent out to City Departments seeking comments on possible adverse effects of abandoning the ROW. The questions and subsequent department responses are provided as follows: Public Works Will the proposed abandonment have any adverse effect on any of the following City services: Maintenance of remaining streets; Response: No, the proposed abandonment will not adversely affect the maintenance of roadway/row adjacent to the proposed abandonment area. Pending or proposed public works projects; Response: As of this date, the Capital mprovements Program does not identify any Capital projects within the proposed abandonment area or abandonment areas within the next five years. Traffic flows; and Response: Traffic flow will not be changed nor impeded by the abandonment. The abandonment area has not had traffic flow of any kind since Drainage. Response: Drainage of the proposed abandonment area has been eliminated. Adjacent roadways to the proposed abandonment area will not contribute to drainage in the proposed abandonment area. Planning Department Will the proposed abandonment have any adverse effect on: Long-range street pattern for the City. Response: The long range street pattern for the City was considered and approved with the original and 2007 design review process. Fire Department Will the proposed abandonment have any adverse effect on: Ability of the department to respond to emergency calls in the area of the proposed abandonment. Response: The Fire Department does not see any negative impacts that would diminish their ability to respond to emergency calls in the area of the proposed abandonment.

4 Street Abandonment-Laurel & Poplar June11,2013 Page 4 of 5 Police Department Will the proposed abandonment have any adverse effect on: Ability to respond to emergency calls in the area of the proposed abandonment; Response: The abandonment does not have a negative impact on the Police Department's ability to respond to emergency calls. Ability to control traffic in the area of the proposed abandonment. Response: The traffic circulation was reviewed and approved with the original project and 2007 design review process. The area has not had traffic flow since No City Department reported an adverse effect on the services provided by that Department. Conclusion The public street ROW being considered for abandonment by the City is already in an abandoned condition; Use as public access and use by public service utilities has not occurred since the site was excavated in the summer of 2007 (over the CA Code threshold of five years); No City Department identified an adverse effect to City Services or future transportation plans; and, Abandoning the public ROW is consistent with the original project development proposal. 1. Pursuant to the Streets and Highway Code, Section 8331, the City Council may summarily abandon the portions of Laurel Avenue and Poplar Street as identified on Attachment A. 2. Pursuant to the Streets and Highway Code, Section 8333, the City Council may summarily abandon public service easements within portions of Laurel Avenue and Poplar Street within the area identified on Attachment A. Abandonment of the public ROW will effectively remove all public utility service easements within the ROW. 3. On May 23, 2013 the Planning Commission heard the application for ROW abandonment and issued an advisory to City Council in support of the approval of abandoning the portions of Laurel Avenue and Poplar Street. Conditions of Approval Public Works Engineering Division, Development Services Planning Division, and the Planning Commission recommend City Council approve the abandonment of portions of Laurel Avenue and Poplar Street of which public ROW is more particularly described within Exhibits A and B of the attached Resolution the with the following conditions: 1. The applicant shall record Deed Restrictions on parcels that could, as a consequence of selling the property, result in a land locked parcel. The Deed Restrictions shall require the recordation of Access Easements and Public Utility Easements if the sale of the property will result in a land locked condition or a condition in which public utilities cross over, under, or through properties that are not in common ownership.

5 Street Abandonment-Laurel & Poplar June 11, 2013 Page 5 of 5 2. The applicant shall bear all costs of transfer of ROW ownership and any lot consolidation process including completing the ROW process, Quit Claim Deed documents, Certificate of Merge, title transfer(s) fees, the preparation of documents, and legal descriptions; and 3. The applicants shall comply with all California Department of Transportation (Caltrans) and Tahoe Regional Planning Agency (TRPA) permit conditions of approval. The recommended Conditions of Approval are included within the Resolution. Financial and Strategic mplications: Abandonment of the proposed portions of Laurel Avenue and Poplar Street ROW will allow the completion of a six-parcel merge that will result in a single parcel. Merging the six parcels together is required to allow the issuance of a Building Permit to construct the commercial retail development that is defined as Phase 2 of Project ll (Chateau at Heavenly). Currently, the street ROW being considered for abandonment is not providing any service to the community. Completing the ROW abandonment will facilitate the initiation of revenue producing commercial development. The commercial retail development also compliments the City Council strategic objective of "improving the built environment." By: Concurrence: Sarah nson, Deputy PW Director Reviewed and Approved by: Attachments: Resolution and Exhibits A & B Deed Restriction c: Gordon Sloan, Gordon Consulting Kara Thiel, Feldman Mclaughlin, Thiel j:\boundary line adjustments\street abandonments\project 3 - laurel-poplar\council\sr-laurel-poplar_aband_ doc

6 City of South Lake Tahoe Resolution No RESOLUTON CONDTONALLY ABANDONNG A PORTON OF LAUREL AVENUE AND POPLAR STREET AS PUBLC RGHT-OF-WAY WHEREAS, the California Streets and Highways Code, Sections 8330 through provides for a Summary Vacation of public right-of-way (ROW) if both of the following conditions exist: a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. b) No public money was expended for maintenance on the street or highway during such period. WHEREAS, the portions of Laurel Avenue and Poplar Street ROW, more particularly described within Exhibits A and B that are attached hereto, shall be summarily vacated in accordance with the cited sections of the California Streets and Highway Code; and WHEREAS, a public hearing for which public notice is occurring in accordance with the California Streets and Highway Code for a Summary Vacation of public ROW does afford all interested persons an opportunity to be heard concerning the abandonment of said ROW; and WHEREAS, the portions of Laurel Avenue and Poplar Street public ROW being considered for abandonment were, determined to have no adverse effect on traffic circulation, future capital improvements projects, street maintenance needs, or emergency response capability; and WHEREAS, the City of South Lake Tahoe Planning Commission heard the request for abandonment of the portions of Laurel Avenue and Poplar Street public ROW on May 23, 2013 and found no adverse effect on the long-range street pattern and conformance with the adopted general plan and/or community plans; and WHEREAS, the South Lake Tahoe City Council hereby expresses its intent that the following conditions be met as consideration for its abandonment of the above described public ROW that is more accurately described in Exhibits A and B that are attached hereto. 1. The applicant shall record Deed Restrictions on parcels that could, as a consequence of selling the property, result in a land locked parcel. The Deed Restrictions shall require the recordation of Access Easements and Utility

7 Easements if the sale of the property will result in a land locked condition or a condition in which public utilities cross over, under, or through properties that are not in common ownership; and 2. The applicant shall bear all costs of transfer of ROW ownership and any lot consolidation process including completing the ROW process, Quit Claim Deed documents, Certificate of Merge, title transfer(s) fees, the preparation of documents, and legal descriptions; and 3. The applicants shall comply with all California Department of Transportation (Caltrans) and Tahoe Regional Planning Agency (TRP A) permit conditions of approval. NOW, THEREFORE, BE T RESOLVED, that the City Council of the City of South Lake Tahoe does hereby authorize adoption and subsequent recordation of this resolution, that portions of Laurel Avenue and Poplar Street public ROW, as described in Exhibits A and B, shall be deemed as having been vacated and will no longer constitute a public street. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on June 11, 2013, by the following votes: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAN: Councilmembers ATTEST: Susan Alessi, City Clerk Tom Davis, Mayor City Seal

8 EXHBT "A" THE CHATEAU ATTHE VLLAGE PROJECT ll - PHASE 2 LAUREL AVENUE AND POPLAR STREET RGHT OF WAY ABANDONMENT LEGAL DESCRPTON REAL PROPERTY located in the City of South Lake Tahoe, County of El Dorado, State of California. A PORTON of Laurel Avenue (60 feet wide) and Poplar Street (50 feet wide) as shown on that certain map "First Subdivision of Lakeside Park", filed in the El Dorado County Recorder's Office, on October 05, 1909, n Map Book "A", at Page 1A more particularly described as follows: BEGNNNG at the northwesterly corner of Lot 1, Block L, also being the intersection of the southerly right of way line of Stateline Avenue and the easterly right of way line of Laurel Avenue of said certain map of "First Subdivision of Lakeside Park"; Thence along the following eight (8) courses: 1) Leaving said southerly right of way line of Stateline Avenue, along the easterly right of way line of Laurel Avenue, South 13 45' West, feet to the northerly right of way line of Poplar Street; 2) Along said northerly right of way line South 76 15' East, feet to the westerly right of way line of U.S. Highway 50; 3) Along said westerly right of way line South 29 30' West, feet to the southerly right of way line of Poplar Street; 4) Along said southerly right of way line North 76 15' West, feet to the easterly right of way line of Laurel Avenue; 5) Along said easterly right of way line South 13 45' West, feet to the southwest corner of Lot 2, Block M; 6) Leaving said easterly right of way line North 76 15' West, feet to the westerly right of way line of Laurel Avenue; 7) Along said westerly right of way line North 13 45' East, feet to the southerly right of way fine of Stateline Avenue; 8) Along said southerly right of way line South 49 15' East, feet; To the PONT OF BEGNNNG, AND CONTANNG 47,057 square feet, more or less. Reserving therefrom a Snow Storage Easement over the northerly fifteen (15.00) feet of Laurel Avenue and being shown on Exhibit "B" attached. Welsh Hagen Associates, nc

9 BASS OF BEARNGS for this description are shown on the Official Map entitled "First Subdivision of Lakeside Park", filed in the office of the County Recorder of El Dorado County, on October 5, 1909, in Book "A" of Maps, at Page 1 A. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHBT "B" attached and by this reference made a part hereof. Welsh Hagen Associates, nc

10 MAY17,2013 EXHBT'B' LAURELAVENUEANDPOPLARSTREETABANDONMENT BENG A PORTON OF LAUREL AVENUE AND POPLAR STREET OF THAT CERTAN MAP, FRST SUBDVSON OF LAKESDE PARK, N MAP BOOK A, PAGE la, OFFCAL RECORDS COUNTY OF EL DORADO, CALFORNA ' L _! 1/ / f P::J// _/ 1~/j ~',~ "t: 1 og'fr '/ -<ov r----,?ff / j;ji t / f h' CJ ' SNOW STORAGE 1 EASE~ENT RESERVED / ---- ~ r ABANDONMENT AREA: _, ! ±4;.,057 Set:!~ J ' ' "'' ' ,- / f-- { - 1 r J / ~ --i,..,,_v.v 1'9 --- / r / ('\(;'f- - l / "1 N16 1 sw ' / GRAP.me SCALE (NFm) 1 inch = 100 ft WELSH~HAGEN ASSOCATES dba Telesto Nevada nc Longley Lane Reno, Nevada (775)

11 APNs: , 02, 08, 09, 10, 11, 12 & 15; , 18, 19 & 20; & 06 Recording requested by and when recorded mail to: Tahoe Stateline Venture, LLC c/o Feldman Mclaughlin Thiel LLP Attn: Kara L. Thiel 178 Highway 50/Box 1309 Zephyr Cove, Nevada89448 Above Space for Recorder's Use Only DECLARATON OF CONDTONS, COVENANTS AND RESTRCTONS REGARDNG ACCESS AND UTLTES This Declaration of Conditions, Covenants and Restrictions Regarding Access and Utilities ("Deed Restriction") is executed this day of ("Effective Date"), by TAHOE STATELNE VENTURE, LLC, a California limited liability company ("Declarant"). RECTALS A. Declarant is the owner of that certain real property located in South Lake Tahoe, County of El Dorado, State of California, commonly known as El Dorado County Assessor Parcel Numbers (APNs) , 02, 08, 09, 10, 11, 12 and 15; , 18, 19 and 20; and and 06 and more particularly described in the attached Exhibit "A." (collectively, "Declarant Properties"). B. Redevelopment Project 3 ("Project 3") received approval from the City of South Lake Tahoe ("City") on May 1, 2007, and from the Tahoe Regional Planning Agency ("TRPA") on May 24, 2007, as a mixed-use development consisting of two hotel structures, a convention facility, general merchandise stores, a below grade parking structure, a public park and integrated storm water treatment facilities. C. Project 3 is further divided into Project A and Project B. Project A consists of a single structure hotel with a convention facility and commercial retail space. Project B consists of a second condominium-hotel structure and commercial retail space. D. Project A is divided into Phase 1, Phase 2 and Phase 3. Construction of Phase 1 occurred during the summer of 2007 and generally consisted of infrastructure improvements including the foundation for Project A. Phase 2 includes construction of retail and restaurant space, below-grade parking, and landscaping and pedestrian improvements along U.S. Deed Restriction Page 1 of 5

12 Highway 50 between Stateline Avenue and the existing McP's Pub Tahoe. Phase 3 involves construction of the hotel component. E. The Phase 2 project area consists of the following Declarant Properties: APNs , 18, 19 and 20 and and 06 (the "Project Area"). F. Access to the Project Area will be provided from Cedar Avenue, South Lake Tahoe, CA through the following Declarant Properties: APNs O, 11, 12 and 15 (the "Access Area"). G. Declarant proposes to begin construction of Phase 2 in the summer of H. Construction of Phase 2 requires the parcels comprising the Project Area to be merged into a single parcel. As a condition of merger, the City is requiring Declarant to record a deed restriction against the Property for access to the Project Area through the Access Area.. To facilitate construction of Phase 2, the City intends to abandon certain portions of those public right of ways known as Laurel Avenue and Poplar Street. These abandonments have the potential to "land lock" certain Declarant Properties if and when they or other Declarant Properties are sold or otherwise conveyed. As a condition of the City's abandonment, the City is requiring Declarant to record a deed restriction against APNs , 11 and 12 (the "Burdened Properties") requiring the grant and recording of access easements in favor of APNs , 15 and/or 10 (the "Benefitted Properties") in the event a sale of any of these properties would otherwise cause the Benefitted Properties to become landlocked. J. Utilities and other improvements (collectively, "Utilities") that will serve the Project Area will be installed on certain Declarant Properties outside the Project Area consisting of APNs , 02, 08, 09, 10, 11, 12 and 15 ("Off-site Properties") during construction of Phase 2. To ensure the Utilities may be installed and maintained on the Off-site Properties in perpetuity for the benefit of the Project Area, the City is requiring Declarant to record a deed restriction against the Off-site Properties requiring the grant and recording of private utility easements in favor of the Project Area if the Project Area and the Off-site Properties, or any portion thereof, cease to be held in common ownership. DECLARATON 1. Declarant hereby impresses the Access Area with the following deed restriction: ingress and egress on, over, through and across that portion of the Property between Cedar Avenue and the Project Area described in the attached Exhibit "B" and depicted in the attached Exhibit "C", for the benefit of subsequent owners of the Project Area and their, heirs, assigns, invitees and licensees ("Access Restriction"). 2. Declarant may relocate the Access Area within the Declarant Properties for ingress and egress to and from the Project Area as reasonably necessary to facilitate development of any or all of the Off-Site Properties, as hereinafter identified but shall only do so if the rights conferred by Paragraph One (1) herein and this Deed Restriction as a whole are in no way impeded, altered or harmed. Deed Restriction Page 2 of 5

13 3. Declarant hereby impresses the Burdened Properties with a deed restriction to grant and record access easements for the benefit of the Benefitted Properties as follows: a. A non-exclusive access easement appurtenant to APN on, over, through and across APN for ingress and egress to and from Poplar Street at such time as and in the event the sale of either property would otherwise cause APN to become landlocked. b. A non-exclusive access easement appurtenant to APN on, over, through and across APN for ingress and egress to and from Cedar Avenue at such time as and in the event the sale of either property would otherwise cause APN to become landlocked. c. A non-exclusive access easement appurtenant to APN on, over, through and across APN for ingress and egress to and from Cedar Avenue at such time as and in the event the sale of either property would otherwise cause APN to become landlocked. d. As used herein, "landlocked" means to be divested of access to any public street, road or right-of-way without crossing adjoining land owned by another. 4. Declarant hereby impresses the Off-site Properties with a deed restriction to grant and record, at such time as and in the event that the Project Area and the Off-site Properties, or any portion thereof, cease to be held in common ownership, non-exclusive easements appurtenant to the Project Area for installation, maintenance and use of the Utilities on the Off-site Properties serving the Project Area. 5. Upon the occurrence of an event described in Paragraph 3 or 4 above, the required easement shall be granted in a manner and location as is reasonably necessary for the purposes for which it is required and which does not unduly burden the property(ies) against which the easement is granted and recorded. 6. This Deed Restriction shall be deemed a covenant running with the land or an equitable servitude, as the case may be, and shall be binding on the Declarant and Declarant's assigns, and all persons acquiring or owning any interest in the Declarant Properties or any portion thereof. 7. Declarant declares that the Declarant Properties, and each of them, shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved subject to this Deed Restriction. 8. This Deed Restriction shall continue in perpetuity unless and until such time as the Declarant Properties are merged into a single parcel or project area obviating the need for the restrictions set forth herein. Remainder of Page ntentionally Blank. Deed Restriction Page 3 of 5

14 Signature Page Follow. Deed Restriction Page 4 of 5

15 N WTNESS WHEREOF, Declarant has executed this Deed Restriction as of the Effective Date. TAHOE STATELNE VENTURE, LLC By: Owens Mortgage nvestment Fund a California limited partnership ts: Sole Member/Manager By: Owens Financial Group, nc. a California corporation ts: General Partner Signed: William C. Owens, President Dated: State of } } SS. County of } On before me, person a 11 y appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENAL TY OF PERJURY under the laws of that the foregoing paragraph is true and correct. WTNESS my hand and official seal. Signature (Seal) Deed Restriction Page 5 of 5

16 EXHBT A Legal Description - the "Declarant Properties" APN Lot 7, Block K, Lakeside Park Subdivision, as said lot and block are shown on the Official Map of First Subdivision of Lakeside Park, El Dorado County, California, filed in the Office of the El Dorado County Recorder on October 5, 1909, in Map Book "A" at Page 1A. APN Lots 5 and 6, Block K, as shown on that certain map entitled "First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page 1A. APN All that portion of Lot 8, Block, of Lakeside Park Subdivision, as said lot and block are designated and numbered on the map of "First Subdivision of Lakeside Park", El Dorado County, California, more particularly described as follows: Commencing at the Southeast comer of said Lot 8, Block K, said point being situated Northeasterly, a distance of 200 feet from the intersection of the North line of Poplar Street and the West line of Laurel Avenue; thence from the said point of beginning running Northeasterly along the West line of said Laurel Avenue, a distance of 50 feet; thence leaving said Laurel Avenue and running in a Northwesterly direction at right angles to the said Laurel Avenue and parallel with the Section boundary of said Lot 8 a distance of 150 feet to the West line of said Lot 8; thence along the West line of said Lot 8 in a Southwesterly direction parallel with the said Laurel Avenue at right angles to the Section boundary of said Lot 8, a distance of 50 feet to the Section boundary of said Lot 8; thence running in a Southeasterly direction along the South boundary of said Lot 8, at right angles to the said Laurel Avenue, a distance of 150 feet to the point of beginning. APN Lot 2, Block K, as shown on that certain map of "First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page 1 A.

17 APN Lot 3, Block K, as shown on that certain map of "First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page 1 A. APN Parcel One: All that portion of Lot 8, Block K, Lakeside Park Subdivision as said lot and block are designated and numbered on the map entitled "First Subdivision of Lakeside Park", which map was recorded in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page 1A, more particularly described as follows: Commencing at a point on the West line of Laurel Avenue, said point being situate Northeasterly a distance of 250 feet from the intersection of the North line of Poplar Street and the West line of said Laurel Avenue; thence from said point of beginning, running Northeasterly along the West line of said Laurel Avenue a distance of 50 feet to the Northeast corner of said Lot 8; thence leaving said Laurel Avenue and running in a Northwesterly direction along the Northerly boundary of said Lot 8, at right angles to the said Laurel Avenue, a distance of 150 feet to the Northwest corner of said Lot 8; thence along the West line of said Lot 8 and in a Southwesterly direction, parallel with the said Laurel Avenue and at right angles to the North boundary of said Lot 8 a distance of 50 feet; thence running in a Southeasterly direction at right angles to the said Laurel Avenue and parallel with the Section boundary of Lot 8, a distance of 150 feet to the point of beginning. Parcel Two: All that portion of Lot 9, Block K, Lakeside Park Subdivision, as said lot and block are designated and numbered on the map entitled "First Subdivision of Lakeside Park", which map was recorded in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page 1A, and more particularly described as follows: Commencing at a point on the West line of Laurel Avenue, said point being situate Northeasterly a distance of 300 feet from the intersection of the North line of Poplar Street and the West line of said Laurel Avenue; thence from said point of beginning running Northeasterly along the West line of said Laurel Avenue, a distance of 50 feet; thence leaving said Laurel Avenue and running in a Northwesterly direction at right angles to the said Laurel Avenue and parallel with the Section boundary of said Lot 9, a distance of 150 feet to the West line of said Lot 9; thence along the West line of said Lot 9, in a Southwesterly direction parallel with the said Laurel Avenue and at right angles to the Section boundary of said Lot 9 a distance of 50 feet to the Southwest comer of said Lot 9; thence running in a Southeasterly direction at right angles to the said Laurel Avenue and along the Southerly boundary of said Lot 9, a distance of 150 feet to the point of beginning. 2of4

18 APN Lots 1 and 2, Block L, as shown on that certain map entitled "First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page 1A. Excepting therefrom all that portion lying Southerly of the following described line: Beginning at the most Easterly terminus of said line, said point being situated on the Southeasterly line of Lot 1, Block L of Lakeside Park Subdivision, from which point the Southeast corner of said Lot 1 bears South 28 06' 57'' West 2.44 feet; thence leaving said point of beginning and running North 78 09' 27" West feet to a point on the Westerly boundary of Lot 2 of Block L of said Lakeside Park Subdivision from which point the Northwest corner of said Lot 2 bears North 13 45' 00" East 3.10 feet, said point being the most Westerly terminus of said line. APN Parcel C, as shown on the Parcel Map filed in the Office of the County Recorder, County of El Dorado, State of California, on June 2, 1989 in Book 40 of Parcel Maps, at Page 124. APN Parcel B of that certain Parcel Map filed for record on June 2, 1989, in Book 40 of Parcel Maps, at Page 124, and as amended by Certificate of Correction, recorded August 8, 1989, in Book 3181, Page 713, Official Records APN Parcel One: Lot 3, Block L of First Subdivision of Lakeside Park, filed May 8, 1912 in Book "A" of Maps at Page 1 A, El Dorado County Records. Excepting therefrom all that portion of Lot 3, Block L of Lakeside Park Subdivision filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909, more particularly described as follows: Beginning at the Northeast corner of Lot 3; thence South 28 06' 57" West 1.10 feet; thence North 76 20' 06" West feet; thence North 13 32' 47" East 0.92 feet; thence South 76 27' 13" East feet to the point of beginning. 3 of4

19 Parcel Two: All that portion of Lot 2, Block L of Lakeside Park Subdivision, filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909, more particularly described as follows: Beginning at the Southwest corner of said Lot 2; thence North 13 45' 00" East 0.59 feet; thence South 76 13' East feet; thence South 13 32' 47" West 0.59 feet; thence North 76 27' 13" West feet to the point of beginning. Said Parcels One and Two are also shown on Parcel A, on Parcel Map filed June 2, 1989 in Book 40 of Parcel Maps at Page 124 and amended by Certificate of Correction recorded August 8, 1989 in Book 3181 of Official Records at Page 713. APN Lot 1, Block M, of First Subdivision of Lakeside Park, filed May 5, 1912 in Book A of Maps, at Page 1 A, El Dorado County Records. APN Lot 2, Block M, of First Subdivision of Lakeside Park, filed May 5, 1912 in Book A of Maps, at Page 1 A, El Dorado County Records. 4of4

20 EXHBT "B" THE CHATEAU AT THE VLLAGE PROJECT 111- PHASE 2 NGRESS AND EGRESS RESTRCTON LEGAL DESCRPTON REAL PROPERTY situate in the City of South Lake Tahoe, County of El Dorado, State of California. BENG A PORTON of Lots 2, 3, 8 and 9 of Block K and a portion of Laurel Avenue of that certain map 'First Subdivision of Lakeside Park', filed in the El Dorado County Recorder's Office, on October 05, 1909, n Map Book A, at Page 1A, more particularly described as follows: COMMENCNG at the intersection of wester1y right of way line of Cedar Avenue (60 foot wide) and norther1y right of way line of Poplar Street (50 feet wide) as shown that certain map entitled "First Subdivision of Lakeside Park filed in Book A of Maps, at Page 1A in the El Dorado County Recorder's Office; Thence, northerly along said wester1y right of way line, North 13 45' East, feet; Thence, leaving said westerly right of way line and South 76 15' East, feet to the easter1y right of way line of Cedar Avenue and to the point of a non-tangent curve, concave northeasterly and having a radius of feet, said point also being the TRUE PONT OF BEGNNNG; Thence, leaving said easterly right of way and along said curve, feet and through a central angle of 31 27'54 ; Thence, South 76 15' East, feet to the point of a tangent curve, concave southwesterly and having a radius of feet; Thence, along said curve, feet and through a central angle of 27 00'00"; Thence, South 48 20'26D East, feet to the centerline of Laurel Avenue; Thence, along said center1ine, South 13 45' West, feet; Thence, leaving said centerline, North 48 20'26" West, feet to the point of a tangent curve, concave southwesterly and having a radius of feet; Thence, along said curve, feet and through a central angle of ; Welsh Hagen Associates, nc

21 Thence, North 76 15' West, feet to a point of a tangent curve, concave southeasterly and having a radius of feet; Thence, along said curve, feet and through a central angle of to the easterly right of way line of Cedar Avenue; Thence, northerly along said easterly right of way line, North 13 45' East, feet to the TRUE PONT OF BEGNNNG. CONTANNG 8,790 Square Feet, more or less. BASS OF BEARNGS for this description are per that certain map entitled 'First Subdivision of Lakeside Parle (Map Book A Page 1A), filed in the office of the County Recorder, County of El Dorado, State of California. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHBT "C" attached and by this reference made a part hereof. Welsh Hagen Associates, nc

22 MAY 1,2013 EXHBT 'C' NGRESS & EGRESS RESTRCTON BENG A PORTON OF LOTS 2, 3, 8 AND 9 OF OF BLOCK K OF THAT CERTAN MAP, FRST SUBDVSON OF LAKESDE PARK, N MAP BOOK A, PAGE A, OFFCAL RECORDS COUNTY OF EL DORADO, CALFORNA J ll.=11.31' ~=24.00 '- 0=2,TOO'Oo" "" j Co "': -co L=,3.18' ! NGRESS/EGRESS RESTRCTON AREA ±8,790 sq.ft.! w R.: \ in 0=31'i7'54" (;; PONT OF BEGN~NG ~ ~ _L -!-'-'f. f) f)..-. ""... w lo..,: i=!nl' - _L,.-_..-,... i WELSH~HAGEN ASSOCATES dit. Telcsto Nevada nc Longley Lane Reno, Nevada (71S 18S3-m6 WW\\.1clest01111 com LAUREL AVENUE ~ ~ - l : LEGEND: RESTRCTON LNE 1 PROPERTY LNE RGHT OF WAY LNE EXSTNG LOT LNE ~ l BLOCK K : CD LOT NUMBER L BOO~ A _f'ag~ 1A i L t 1.31' /- R=24.00,,/ 0=2700'00" _, ~l 3t! in! - : L=13.18' je ; /- R z/ 0 31'27'54" ±---- N1J'45'E 24.15' 31.Q~' ' N13"45'E ' PONT OF COMMENCEMENT GRAPHC SCALE JO 0 JO 60 ( N FEET) 1 nch 80 fl --r - j