City ofsoulh Lake TahotEW BUSINESS a

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1 City ofsoulh Lake TahotEW BUSINESS a "making a positive difference now" Staff Report City Council Meeting of December 7, 2015 TO: FROM: RE: Nancy Kerry, City Manager Stan Hill, Associate Civil Engineer Resolution of Necessity for Acquisition of Property by Eminent Domain for the El Dorado Beach to Ski Run Boulevard Mixed Use Recreation Trail, C.C.P (APNs , , , and ) RECOMMENDATION: Adopt Resolution of Necessity for Acquisition of Property by Eminent Domain for the El Dorado Beach to Ski Run Boulevard Mixed Use Recreation Trail, C.C.P BACKGROUND: Design of the El Dorado Beach to Ski Run Bike Trail (Project) was initiated in 2005 with the objective to extend and connect the South Shore bicycle trail network to existing trails that access public amenities along the Lake Tahoe shoreline. Completion of the Project will connect the existing Class 1 bike trail along U.S. Highway 50 at El Dorado Beach with the existing Ski Run Boulevard Class 1 bike trail and Linear Park bike trail. Upon completion of the Project, a continuous Class 1 bike trail will extend from Pioneer Trail to James Avenue and to bike routes and trails leading to recreation areas near Fallen Leaf Lake. Public interest and necessity require the Project because the Project will provide the South Lake Tahoe community access to safe, non-motorized transportation within the South Lake Tahoe residential and commercial core. The Project, as designed, will serve South Lake Tahoe's lower income communities who often rely on public transportation and pedestrian and bicycle access to work, stores, and other daily routines. The Project, as designed, will serve South Lake Tahoe's recreation community by providing a safe bicycle and pedestrian option along the Highway 50 corridor. The Project will also provide a safe commuter thoroughfare for those commuting through South Lake Tahoe by non-motorized means. Perhaps most importantly, the Project creates a much needed safe alternative for all persons in South Lake Tahoe to walk, bike, or run along Highway 50. The Project has been planned and is located in the manner that will be most compatible with the greatest public good and the least private injury for the following reasons: The proposed El Dorado Beach to Ski Run bike trail alignment links existing bike trails located on each end of the proposed project and will serve as a continuous mixed use recreational trail for pedestrians and bicyclists. Public Works Department Services Center 1052 Tata Lane South Lake Tahoe, CA (530) (530) FAX

2 Staff Report City Council Meeting of December 7, 2015 Resolution of Necessity Page 2of5 The 10-foot wide paved Class 1 Bike Trail will be located off of the U.S. Highway 50 pavement which offers a safer condition for cyclists and will encourage greater nonmotorized transportation activity. The 10-foot wide Class 1 Bike Trail is consistent with the adjacent Linear Park and El Dorado Beach Park Bike Trails and is consistent with AASHTO recommended bike trail design standards. Reducing the width of the bike trail would result in a "necking" down effect that is not desirable because of safety reasons. Standard Class 1 bike trail design includes a two-foot wide buffer strip adjacent to the 10-foot wide trail. Bike trail design considered removing the buffer; however, the buffer provides room for joggers, space for moving off the trail, and a safety buffer adjacent to the highway. Removing the two-foot buffer was rejected. Alternative bike route alignments were considered along the Lake Tahoe shoreline, but rejected because property most owners would not agree to allow a public bike trail along their beach front property. Most property owners cooperated with the City's request to purchase an easement for the bike trail along the U.S. Highway 50 right-of-way. The existing Bike Trail in this area is located on the Northerly side of U.S. Highway 50. Crossing the highway to the Southerly side of the highway was rejected because of safety issues related to crossing the highway. Despite encountering various obstacles over the years, project design and permitting have moved forward to near completion. The project plans and permitting are at the 90% level of completion. Project construction depends on completing a few remaining bike trail easement acquisitions. In September 2013, the City retained the services of right-of-way consultant, lnterwest Consulting Group (lnterwest) to assist with acquiring temporary and permanent easements. Thirteen permanent easements were identified as necessary acquisitions to provide sufficient public right-of-way to construct the mixed use bike trail. Project construction was expected to occur in There are a handful of easements needed prior to Caltrans certification of the necessary Project right-of-way. The values of the easements are based on the appraisals prepared by Johnson Perkins & Associates. Offers to purchase easements were sent to the following property owners on the dates indicated: 1.APN Mary McCall: a. July 9, 2014 (first offer), offer withdrawn February 15, 2015 b. September 22, 2015 (second offer) 2. APN Urbana Tahoe: June 23, APN Ries Farms: July 2, APN Waystations: July 8, 2014

3 Staff Report City Council Meeting of December 7, 2015 Resolution of Necessity Page 3of5 TABLE 1 The City has been unable to close easement agreements with the property owners listed above. Consequently, the delay in r/w certification has resulted in at least a one-year Project delay. With the completion of easement acquisitions, construction of the Project is expected to occur during the 2016 construction season. ISSUE AND DISCUSSION: The Property sought to be acquired is necessary for the project in order to create a continuous Class 1 bike trail will extend from Pioneer Trail to James Avenue. Of thirteen identified easement acquisitions, five properties still remain outstanding. Of the five outstanding easements, three property owners have not agreed to the terms of acquisition. One easement acquisition has not been possible due to unintended consequences of the home owner's association bylaws, which do not provide the legal means to transfer an easement interest to the City. Therefore, four easements are included in a proposed Resolution of Necessity; the next step to realizing the completion of easement acquisition through eminent domain proceedings. In mid-december 2013, all of the property owners in which easements were determined necessary were sent letters advising of the City's interest to purchase a bicycle trail easement. The letter included a project description, the quantity of easement area interest, and other easement acquisition information. Property appraisals were prepared by appraiser, Johnson Perkins & Associates for all temporary construction and permanent bicycle trail easements. Formal offers for the easements were delivered to the property owners or their representatives during the spring and summer of Negotiations ensued following delivery of the formal offer and several easements quickly closed escrow. Some of the easements took a greater negotiating effort before closing. The four remaining easement acquisitions must be completed as quickly as possible to secure Caltrans right-of-way certification and authorization to advertise the project for bid. Considering the apparent unwillingness of some property owners to work with the City, and the extent of time since formal easement purchase offers were extended, Public Works believes eminent domain proceedings to acquire the needed remaining easements is essential. The affected properties and a brief negotiating history are included in Table 1 as follows: Property Owner APN Physical Address Status of Negotiations Mary A. McCall Lake Tahoe The City's r/w agent and City staff have met with AKA Don Cheapo 02 Blvd Ms. McCall and discussed the City's easement Snowboard and needs on several occasions. Ms. McCall has Ski been unwilling to meet and discuss the City's most recent offer. To date, Ms. McCall has been unwilling to accept the City's offer to purchase

4 Staff Report City Council Meeting of December 7, 2015 Resolution of Necessity Page 4of5 the Bike Trail easement. Urbana Tahoe - AKA Beach Retreat and Lodge Hotel Blvd Lake Tahoe The property representative, Allen Gutierrez signed the easement agreement in the spring of 2015, but has refused to sign the easement grant deeds required for closing of escrow. Ries Farms -AKA Lake Tahoe Heidi's Pancake 09 Blvd House After several months of silence, authorized representative for Ries Farms, Don Rosenthal informed the City's r/w consultant, lnterwest that he believed the City's offer to be insufficient. Mr. Rosenthal's attorney indicated they will conduct their own appraisal of easement value. lnterwest and the City have not received a counter offer to date. Waystations, Inc. -AKA Tahoe Beach & Ski Lake Tahoe Blvd Tahoe Beach & Ski Home Owner's Association Bylaws have no provision for transferring an easement interest to the City. Eminent domain will allow realization of the City's easement need. Property management and the HOA legal counsel recognize eminent domain is a logical solution for transferring easement rights to the City. In summary, the public interest and necessity require the Project, and the Project is located so as to be most compatible with the greatest public good and least private injury. Furthermore, City staff has complied with all of the requirements of California's eminent domain laws. Specifically: The City has complied with the California Environmental Quality Act for the Project. Government Code section (a) offers were made to all owners of the four subject properties. The City has statutory authority to acquire the easements by eminent domain pursuant to Government Code section All owners of the subject properties have been sent Notices of Intent of the City of South Lake Tahoe to Adopt a Resolution of Necessity for acquisition by eminent domain of the easements. Said notices were mailed to all persons whose names appear on the last equalized County Assessment Roll. The notices advised all owners of their right to be heard on the matters referred to in the Resolution of Necessity. All owners were notified in writing that the Resolution of Necessity was available for viewing at the offices of the City Clerk.

5 Staff Report City Council Meeting of December 7, 2015 Resolution of Necessity Page 5 of 5 CITY COUNCIL WORKPLAN: The Project fits well into the City Council's Strategic Priority to "Improve the Built Environment" and "Fix'n Fifty." The Bike Trail project is also listed as a top priority in the City's Capital Improvement Project (CIP) ranking. FINANCIAL AND/OR POLICY IMPLICATIONS: Funding for planning, design, and permitting was primarily provided by the California Tahoe Conservancy (CTC) Planning Grant CTA ($645,000), which is fully expended. Funding for final design, bid documents, and related tasks was provided through Congestion Mitigation Air Quality Program (CMAQ) funding ($200,000) and is also fully expended. In 2012, the City received Demonstration Program (DEMO) funding from Caltrans. The $1,655,000 in DEMO funding is intended for payments associated with right-of-way easement purchase, finalizing project PS&E documents, bidding, and construction budget. If eminent domain proceedings are decided through the El Dorado County Superior Court, the City Attorney's office will absorb incurred legal expenses. Performing eminent domain proceedings to acquire a property interest has been avoided in the relatively recent past. However, unlike previous City initiated eminent domain actions, the bike trail easement acquisitions provide a direct benefit to the citizens and visitors to South Lake Tahoe without resulting in a business closure or transfer of property in fee (ownership of the underlying property will remain with the current property owner). Facilitating additional pedestrian and bicycling activity fronting these businesses and condominiums is likely to result in a positive experience to citizens of the city, businesses, business customers, and visitors to South Lake Tahoe. By: StanHill, P.E., Associate Civil Engineer Attachments: Resolution

6 Attachment 1 Resolution

7 CITY OF SOUTH LAKE TAHOE RESOLUTION NO RESOLUTION OF NECESSITY FOR ACQUISTION OF PROPERTY BY EMINENT DOMAIN FOR THE EL DORADO BEACH TO SKI RUN BOULEVARD MIXED USE RECREATION TRAIL. CODE OF CIVIL PROCEDURE The City Council of the City of South Lake Tahoe, by a vote of four-fifths or more of its members, FINDS, DETERMINES, DECLARES AND RESOLVES that: 1. The City of South Lake Tahoe intends to construct the El Dorado Beach to Ski Run Boulevard Mixed Use Recreation Trail, and in connection therewith, acquire easement interests in certain real property. Said project is for a public use that is a function of the City of South Lake Tahoe. 2. The City of South Lake Tahoe is authorized to acquire easements over, above and through the parcels described in Appendix A herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure section et seq. and pursuant to Government Code section The easements consist of four (4) parcels and are generally located along Highway 50 in South Lake Tahoe, CA. The easements are more particularly described in Appendix A, attached hereto and incorporated herein by reference together with maps thereof. 4. On November 13, 2015, there was mailed for each of the four properties over which easements, a Notice of Hearing on the Intent of the City of South Lake Tahoe to Adopt a Resolution of Necessity for acquisition by eminent domain of the easements described in Appendix A herein, which notices are attached hereto as Appendix B and are incorporated herein by this reference. Said Notices of Hearing were mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interests in the four properties upon which the easements are located, described in Appendix A, and to the addresses appearing on said Roll. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein. 5. The hearing set out in said Notices of Hearing was held on December 7, 2015 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. 6. Based upon the evidence presented at the December 7, 2015 hearing, this City of South Lake Tahoe by vote of /fifths of its members, further FINDS, DETERMINES, DECLARES and RESOLVES each of the following: a. The public interest and necessity require the proposed project.

8 b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. The easements described herein in Appendix A are necessary for the proposed project. d. Offers required by section (a) of the Government Code, together with with the accompanying statement of and summary of the basis for the amount established as just compensation, were made to all owners and/or owners of record for the four properties over which the easements are contemplated, which offer and accompanying statements and summaries were in a form and contained all of the factual disclosures provided by Government Code section (a). e. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the easements described herein have been complied with by the City of South Lake Tahoe. 7. The City Council of the City of South Lake Tahoe is hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of the City of South Lake Tahoe, by condemnation, the property described in Appendix A, attached hereto an incorporated herein by this reference in accordance with the provisions of the California Eminent Domain Law and the Constitution of California; b. To acquire easements over the properties; c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of the City of South Lake Tahoe such proceedings in the proper court as are necessary for such acquisition; d. To deposit the probable amount of compensation based on appraisals of each property, and to apply to said court for an order permitting the City of South Lake Tahoe to take immediate possession and use of said property for said public uses and purposes. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a meeting on December 7, 2015 by the following vote: AYES: Councilmembers ~ NOES: Councilmembers ABSTAIN: ABSENT: Councilmembers Councilmembers ~ ATTEST: Susan Alessi, City Clerk (Hal Cole), Mayor 2

9 APPENDIX A Legal Descriptions Permanent Mix Use Recreation Trail Easements Temporary Construction Easements

10 APPENDIX A1 Legal Description for APN (McCall)

11 EXHIBIT "A" LEGAL DESCRIPTION JN PERMANENT EASEMENT: MCCALL, MARY A. A.P.N All that certain real property situate within a portion of Lot 4, Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being further described in Deed Document No , Recorded December 31, 2012, Official Records of the County of El Dorado, State of California, and being more particularly described as follows: BEGINNING at the southwest corner of that Parcel described in said Deed, said point being coincident with the northerly right of way line of United States Highway 50; THENCE northerly along the westerly line of said Parcel, North 07 12'57" West, 3.91 feet; THENCE leaving said westerly line, South 83 53'03" East, feet, to a point on the easterly line of said Parcel; THENCE along said easterly line, South 07 12'57" East, 4.60 feet to a point on the aforementioned northerly right of way line on a curve, concave southerly, having a radius of 1, feet, the radius point of said curve bears South 07 56'38" West; THENCE westerly along said northerly right of way line, feet along said curve, through a central angle of 01 09'12" to the POINT OF BEGINNING and the end of this description. Containing 126 square feet, more or less. EXHIBIT "B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Deed Document No , Recorded December 31, 2012, Official Records of the County of El Dorado, State of California. Prepared by Lumas & Associates Gregory S. Phillips, LS East College Pkwy carson aty, NV 89706

12 BOOK 407 PAGE 129 THE COUNTY OF EL DORADO N T12'57" W 3.91' APN DEED DOC MCCALL, MARY A. PERMANENT EASEMENT AREA: 126± SQ. FT. S 83 53'03" E ' ' == '. l::::j1.00 P.OB. PERMANENT EASEMENT US Hl/V'y 50 APN VILLA DEL MAR PROPERTIES / DR. STOLL, DDS. /,_.,_ I~ I~ I S:: I~ I _,.,., <O I ii' I[; I (/) I S T12'57" E 4.60' ~ A CITY OF SOUTH LAKE TAHOE EXHIBIT "B" LUMDS,._,..--, - EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN STATEUNE, NEVADA PH. (775)-90 FAX (775) lllm479 EL DORADO COUNTY CALIFORNIA 225 KlllGSBURY GRADt!, SlATI! A. P.O. BOX 3570 Date: AUGUST, 2015 Scale: 1 = 10' Job No:

13 APPENDIX A2 Legal Description for APN (Tahoe Urbana)

14 EXHIBIT "A" LEGAL DESCRIPTION JN PERMANENT EASEMENT: URBANA TAHOE TC, LLC. A.P.N AREA 1 All that certain real property situate within a portion Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of Lot "A" as shown on the Official Plat of Bijou Beach Subdivision, Recorded March 1?, 1958, in Book B, Map No. 92, Official Records of the County of El Dorado, State of California, being more particularly described as follows: BEGINNING at the southeast corner said Lot "A", said point being coincident with the northerly right of way line of United States Highway 50 and on a curve, concave to the northwest, having a radius of feet, the radius point of said curve bears North 18 05'04'' West; THENCE westerly along said northerly right of way line and the southerly line of said Lot "A", feet along said curve, through a central angle of 4 19'04" to the southwest corner of said Lot "A"; THENCE along the westerly line of said Lot "A", North 02 09'00" East, feet; THENCE leaving said westerly line, North '21" East, 3.81 feet; THENCE North 13 25'05" West, 4.87 feet; THENCE North '03" East, 7.99 feet; THENCE South 14 22'18" East, 4.56 feet to the beginning of a non tangent curve, concave to the northwest, having a radius feet, the radius point of said curve bears North 14 22'18" West; THENCE feet along said curve, through a central angle of 02 50'14"; THENCE North 75 43'17" East, 9.92 feet; THENCE North '50" West, 2.83 feet; THENCE North 78 48'10" East, 5.00 feet; THENCE South '50" West, 2.80 feet;

15 THENCE North 79 12'17" East, 9.80 feet to a point on the easterly line of said Lot "A"; THENCE along said easterly line, South 03 48'12" East, feet to the POINT OF BEGINNING and the end of this description. Containing 1,341 square feet, more or less. TOGETHER WITH: AREA 2 All that certain real property situate within a portion Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of that parcel of land described in that Deed, Recorded April 30, 1973, in Book 1190, Page 388, Official Records of the County of El Dorado, State of California, being more particularly described as follows: BEGINNING at a point feet northerly of and measured at right angles to the aforementioned northerly right of way line of United States Highway 50, said point bears South 83 36'51" West, feet from the aforementioned southwest corner of Lot "A", and is the beginning of a curve, concave northerly, having a radius of , the radius point of said curve bears North 05 43'18" West; THENCE westerly and parallel with said northerly right of way line, feet along said curve, through a central angle of 11 26'03"; THENCE North 05 42'45" East, 4.97 feet; THENCE South 84 17'15" East, 8.05 feet; THENCE South 05 4/'45" West, 4.89 feet; THENCE South 86 26'35" East, feet to the beginning of a non tangent curve to the left, concave northerly, having a radius of feet, the radius point of said curve bears North 04 42'56" East; THENCE feet along said curve, through a central angle of 02 16'56" to a point of compound curvature, concave northwesterly, having a radius of feet; THENCE feet along said curve, through a central angle of 12"35'26" to a point of reverse curvature, concave southeasterly, having a radius of feet; THENCE feet along said curve, through a central angle of '01 "; 2

16 THENCE North 89 11'34" East, feet; THENCE North 00 48'26" West, 2.60 feet; THENCE North '34" East, 8.09 feet; THENCE South 00 48'26" East, 2.60 feet; THENCE North 89 11'34" East, feet to the POINT OF BEGINNING and the end of this description. Containing 842 square feet, more or less. EXHIBIT "BH attached hereto and made a part of. The BASIS OF BEARING for this description is identical to said Official Plat of Bijou Beach Subdivision, Recorded March 12, 1958, in Book B. Map No. 92, Official Records of the County of El Dorado, State of California. Prepared by Lumos & Associates Gregory S. Phillips, LS East College Pkwy Carson City, NV

17 APN URBANA TAHOE TC, LLC. 12' EASEMENT PER BOOK 1232, PAGE 516 PERMANENT EASEMENT AREA 1:1,341 SQ.FT. PERMANENT EASEMENT AREA 2: 852 SQ.FT. -- P.O.B. us HWY 50 _AREA PERMANENT EASEMENT AREA 2: 852 SQ.FT. a L2 /; L3N' L4 ~ Cl C2 C3 OVERALL SCALE: 1"=100' LB N 89.11'34" E ' u-~-=-=:--:--:-:-~~~~~d=~1~1"~26~'0~3~",~r=:1:4:48~.~00~'.~l=:2~8~8~.9~7'~~~~~~a~~ ~ US HWY50 12' EASEMENT PER BOOK 1232, PAGE 516 AREA 2 SCALE: 1 "=40' ::::> w 0 -'..., 0 - ix: m ō A LUM OS. :,, ;snc.i1h t ; 225 KINGSBURY GRADE, SUITE A, P.O. BOX 3570 STATELINE, NEVAOA89449 PH. (775) FAX (775) CITY OF SOUTH LAKE TAHOE EXHIBIT"B" EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN El DORADO COUNTY CALIFORNIA Date: Scale: JobNo: Sheet: APRIL, 2014 VARIES of2

18 Parcel Line Table Curve Table Line # Direction Length Curve # Delta Radius Length L1 N5"42'45"E 4.97' Cl 2"16'56" ' 57.66' L2 S84"17'15"E 8.05' C2 12'35'26" 92.50' 20.33' L3 S5"42'45"W 4.89' C3 9 21'01" ' 17.54' L4 S86"26'35"E 17.15' L5 N89'11'34"E 46.64' L6 N0"48'26"W 2.60' L7 N89"11 '34"E 8.09' LB S0"48'26"E 2.60' L9 N2"09'00"E 12.48' L10 N76"01 '21 "E 3.81' L11 N13"25'05"W 4.87' L12 N78"01 '03"E 7.99' L13 S14"22'18"E 4.56' L14 N75"43'17"E 9.92' L15 N11 "11 '50"W 2.83' L16 N78"48'10"E 5.00' L17 s11 11 '50"E 2.80' L18 N79"12'17"E 9.80' L19 S3"48'12"E 10.00' L20 N18"05'04"W ' L21 N5"43'18"W ' L22 N4"42'56"E ' A. CITY OF SOUTH LAKE TAHOE Date: APRIL, 2014 EXHIBIT"B" Scale: VARIES LUMDS EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL JobNo: /~ "~;!;oc;/1 r r, APN KINGS-Y ORAOE, SUITE A. P.O. BOX 3570 STATELINE, NEVADA PH. (775) tl88-&190 FAX (775)!IA-&179 EL DORADO COUNTY CALIFORNIA Sheet: 2 of2

19 EXHIBIT "A" LEGAL DESCRIPTION JN TEMPORARY EASEMENT: URBANA TAHOE TC, LLC. A.P.N ~100 All that certain real property situate within a portion Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of Lot "A" as shown on the Official Plat of Bijou Beach Subdivision, Recorded March 12, 1958, in Book 8, Map No. 92, and a portion of that parcel of land described in that Deed, Recorded April 30, 1973, in Book 1190, Page 388, both being Official Records of the County of El Dorado, State of California, being more particularly described as follows: BEGINNING at a point on the easterly line of said Lot "A", said point bears North 03 48'12" West, feet from the southeast corner of said Lot "A"; THENCE westerly, leaving said easterly line, South 79 12'17" West, 9.80 feet; THENCE North '50" West, 2.80 feet; THENCE South 78 48'10" West, 5.00 feet; THENCE South '50" East, 2.83 feet; THENCE South 75 43'17" West, 9.92 feet to the beginning of a non tangent curve to the right, concave northwesterly, having a radius of , the radius point of said curve bears North 17 12'32" West; THENCE feet along said curve, through a central angle of 02 50'14"; THENCE North 14 22'18" West, 4.56 feet; THENCE South '05" West, 7.99 feet; THENCE South 13 25'05" East, 4.87 feet to the beginning of a non tangent curve, concave northwesterly, having a radius of feet, the radius point of said curve bears North 14 03'10" West; THENCE feet along said curve, through a central angle of 08 19'52"; THENCE South '34" West, feet; THENCE North 00 48'26" West, 2.60 feet;

20 THENCE South '34" West, 8.09 feet; THENCE South 00 48'26" East, 2.60 feet; THENCE South '34" Wost, feet to the beginning of a curve to the left, concave southerly, having a radius of feet; THENCE feet along said curve, through a central angle of 09 21'01" to a point of reverse curvature, concave northerly, having a radius of feet; ' THENCE feet along said curve, through a central angle of 12 35'26" to a point of compound curvature, concave northerly, having a radius of feet, THENCE feet along said curve, through a central angle of 02 16'56"; THENCE North 89 26'35" West, feet; THENCE North 05 42'45" East, 4.89 feet; THENCE North 84 17'15" West, 8.05 feet; THENCE South 05 42'45" West, 4.97 feet to the beginning of a non tangent curve, concave northerly, having a radius of feet, the radius point of said curve bears North 05 42'45" East; THENCE feet along said curve, through a central angle of '24" to a point on the westerly line of the aforementioned Parcel described in said Deed, Book 1190, Page 388; THENCE along said westerly line, North 00 14'00" East, 8.05 feet to the beginning of a non tangent curve, concave northerly, having a radius of , the radius point of said curve bears North 06 46'19" East; THENCE feet along said curve, through a central angle of 21 26'06"; THENCE North 12 30'01" East, 5.59 feet; THENCE North 74 40'59" East, feet; THENCE South 14 09'50" West, feet to the beginning of a non tangent curve, concave northerly, having a radius of feet, the radius point of said curve bears North 15 41'19" West; THENCE feet along said curve, through a central angle of 02 32'50" to a point on the aforementioned easterly line; 2

21 THENCE along said easterly line, South 03 48'12" East, 5.48 feet to the POINT OF BEGINNING and the end of this description. Containing 3,988 square feet, more or less. EXHIBIT "B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to said Official Plat of Bijou Beach Subdivision, Recorded March 12, 1958, in Book B, Map No. 92, Official Records of the County of El Dorado, State of California. Prepared by Lumos & Associates Gregory S. Phillips, LS East College Pkwy Carson City, NV

22 12' EASEMENT PER BOOK 1232, PAGE 516 APN 027-()9() URBANA TAHOE TC, LLC. TEMPORARY EASEMENT AREA 3,988 SQ.FT. ~ - 0 :::> 0.., - m ---- (!) SCALE: 1"=50' 0::: 0::: w ~ -' 0-1- J: w ::::> z 1- z 0 (_) US HWY 50 i;:, I ~\ I t,\._/ I \ I l18j OVERALL SCALE: 1"=100' 0=2 32'50" R=l ', L=64.24' L2 A LU MOS ~~; 1\: : ~;, :('.' '.1 / 225 KINGSBURY GRADE, SUITE A, P.O. BOX 3570 STATELINE, NEVADA PH. (775) FAX (775) CITY OF SOUTH LAKE TAHOE EXHIBIT"B" EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN EL DORADO COUNTY CALIFORNIA Date: Scale: Job No: Sheet: APRIL, 2014 VARIES of2

23 Parcel Line Table Parcel Line Table Line # Direction Length Line # Direction Length L1 s19 12'17"w 9.80' L15 N84.17'15"W 8.05' L2 N11 11 '50"W 2.80' L '45"W 4.97' L '1 O"W 5.00' L17 No 14 oo"e 8.05' L4 s11 11 '50"E 2.83' L18 N12 30'01 "E 5.59' L '17"W 9.92' L19 N74.40'59"E 28.86' L6 N14 22'18"W 4.56' L20 s14 09'5o"w 11.49' L7 s "w 7.99' L21 SY48'12"E 5.48' L8 S13'25'05"E 4.87' L22(RAD) N1Tl2' 32"W ' L9 N0"48'26"W 2.60' L23(RAD) N15.41'19"W ' L10 sa9 11 '34"w 8.09' L11 S0'48'26"E 2.60' L12 S89'11 '34"W 46.64' L13 N86"26'35"W 17.15' L14 N5'42'45"E 4.89' L24(RAD) N14"03'1 O"W ' L25(RAD) N5"42'45"E ' L26(RAD) N6"46'19"E ' L27(TIE) N3"48'12"W 10.00' Curve Table Curve # Delta Radius Length C '01" ' 17.54' C2 12'35'26" 92.50' 20.33' C3 2"16'56" ' 57.66' C4 1 "01'24" ' 25.86' A CITY OF SOUTH LAKE TAHOE Date: APRIL, 2014 EXHIBIT"B" Scale: VARIES LUM OS El DORADO BEACH TO SKI RUN BLVD BIKE TRAIL i' : ;\: Job No: :.~; r 1 r 'f, l ff,, APN KINGSBURY GRADE, SUITE A, P.O. BOX 3570 STATELINE. NEVADA89449 PH. (775) &490 FAX (775) &479 El DORADO COUNTY CALIFORNIA Sheet: 2of2

24 APPENDIX A3 Legal Description for APN (Ries Farms)

25 EXHIBIT "A" LEGAL DESCRIPTION JN PERMANENT EASEMENT: RIES FARMS, INC. A.P.N All that certain real property situate within a portion of Section 33, Township 13 North, Range 18 East, M.D.M., City of South L~ke Tahoe, County of El Dorado, State of California, being a portion of that certain Parcel described in Deed Document No , Recorded March 20, 1990, in Book 3314, Page 028, Official Records of the County of El Dorado, State of California. being more particularly described as follows: BEGINNING at the southwesterly corner of said Parcel, said point being coincident with the northerly right of way line of United States Highway 50; THENCE north along the westerly line of said Parcel, North 00 00'00" East, feet; THENCE northeasterly and parallel with said northerly right of way line, North 69 23'00" East, feet to a point on the easterly line of said Parcel; THENCE south along said easterly line, South 00 00'00" East, feet to the southeast corner of said Parcel, said point being coincident with said northerly right of way line; THENCE southwesterly along said northerly right of way line, South 69 23'00" West, feet to the POINT OF BEGINNING and the end of this description. Containing 986 square feet, more or less. EXHIBIT "B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Deed Document No , Recorded March 20, 1990, in Book 3314, Page 028, Official Records of the County of El Dorado, State of California. Prepared by Lumas & Associates Gregory S. Phillips, LS East College Pkwy Carson City, NV 89706

26 TEMPORARY EASEMENT AREA: 1,389± SQ.FT. N 19"58'16" W 5.21' APN DEED DOC # RIES FARMS, INC. t PERMANENT EASEMENT AREA: 986± SQ.FT. 225 KINGSBURY GRACE. SUITE A, P.O. BOX 3~70 STATELINE, NEVADA PH. ( FAX (775) -79 CITY OF SOUTH LAKE TAHOE EXHIBIT"B" EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN El DORADO COUNTY CALIFORNIA Date: APRIL, 2014 Scale: 1" = 20' JobNo:

27 EXHIBIT "A" LEGAL DESCRIPTION JN TEMPORARY EASEMENT: RIES FARMS, INC. A.P.N All that certain real property situate within a portion of Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of that certain Parcel described in Deed Document No , Recorded March 20, 1990, in Book 3314, Page 028, Official Records of the County of El Dorado, State of California, being more particularly described as follows: BEGINNING at a point on the westerly line of said Parcel, said point bears, North 00 00'00" East, feet from the southwest corner of said Parcel; THENCE north along said westerly line, North 00 00'00" East, feet; THENCE northeasterly leaving said westerly line and parallel with the southerly line of said Parcel, North 69 23'00" East, feet; THENCE North 19 58'16" West, 5.21 feet; THENCE North 69 54'20" East, feet to a point on the easterly line of said Parcel; THENCE south along said easterly line, South 00 00'00" East feet; THENCE southwesterly leaving said easterly line, South 69 23'00" West, feet to the POINT OF BEGINNING and the end of this description. Containing 1,389 square feet, more or less. EXHIBIT "B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Deed Document No , Recorded March 20, 1990, in Book 3314, Page 028, Official Records of the County of El Dorado, State of California. Prepared by Lumos & Associates Gregory S. Phillips, LS East College Pkwy Carson City, NV 89706

28 TEMPORARY EASEMENT AREA: 1,389± SQ.FT. N 19"58'16" W 5.21' APN DEED DOC # RIES FARMS, INC. t.. PERMANENT EASEMENT AREA: 986± SQ.FT. A LUMDS (:,, ),<)CJ('!;\f! ' 225 KINGSBURY GRADE. SUITE A, P.O BOX 3570 STATELINE, NEVADA89449 PH (775) 588.&190 FAX (175) CITY OF SOUTH LAKE TAHOE EXHIBIT"B" EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN EL DORADO COUNTY CALIFORNIA Date: Scale: Job No: APRIL, " = 20'

29 APPENDIX A4 Legal Description for APN (Waystations)

30 EXHIBIT "A" LEGAL DESCRIPTION JN PERMANENT EASEMENT: TAHOE BEACH & SKI CLUB A.P.N All that certain real property situate within a portion of Lot 2, Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of Tract 1 as shown on Record of Survey Map, Recorded June 3, 2002, in Book 25, at Page 86, Official Records of the County of El Dorado, State of California, being more particularly described as follows: BEGINNING at the intersection of the westerly line of said Tract 1 and the northerly line of an easement described in that certain Grant of Pedestrian Easement, Recorded February 19, 1974, in Book 1247, at Page 617, Official Records of the County of El Dorado, State of California; THENCE northerly along said westerly line, North 00 14'20" West, 1.15 feet; THENCE northeasterly leaving said westerly line, North 60 14'31" East, 4.47 feet; THENCE North 29 45'29" West, 5.00 feet; THENCE North 60 14'31" East, 8.00 feet; THENCE South 29 45'29" East, 5.00 feet; THENCE North 60 14'31" East, feet; THENCE North 29 45'29" West, 5.00 feet; THENCE North 60 14'31" East, 8.00 feet; THENCE South 29 45'29" East, 5.00 feet; THENCE North 60 14'31" East, feet to a point on the easterly line of said Tract 1; THENCE southerly along said easterly line, South 00 38'22" East, 8.43 feet to the abovementioned northerly easement line; THENCE southwesterly along said northerly easement line, South 60 05'16" West, feet to the beginning of a curve to the right, concave northwesterly, having a radius of feet;

31 THENCE continuing along said northerly easement line, feet along said curve, through a central angle of 04 04'05 to the POINT OF BEGINNING and the end of this description. Containing 2,689 square feet, more or less. EXHIBIT "B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Record of Survey Map, Recorded June 3, 2002, in Book 25, at Page 86, Official Records of the County of El Dorado, State of California. Prepared by Lumos & Associates Gregory S. Phillips, LS East College Pkwy Carson City, NV

32 L10 Parcel Line Table Line # Direction Length L1 L2 L3 L4 L5 L6 L7 LB L9 L10 N 0 14'20" W N 60'14'31" E N 29"45'29" W N 60'14'31" E S 29'45'29" E N 60'14'31" E N 29'45'29" W N 60'14'31" E S 29'45'29" E S 0'38'22" E 1.15' 4.47' 5.00' 8.00' 5.00' 58.09' 5.00' 8.00' 5.00' 8.43' APN TRACT 1 - ROS MAP NO TAHOE BEACH & SKI CLUB PEDESTRIAN EASEMENT PER DOCUMENT BOOK 1247, PAGE 617 PERMANENT EASEMENT AREA: 2,689± SQ.FT. S 0'14'20" E 7.59'(TIE) A LUM OS. ~ i\. - >/ 225 KINGSBURY GRADE. SUITE A, P 0. llox J570 CITY OF SOUTH LAKE TAHOE EXHIBIT"B" EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN STATELINE. NEVADl\ PH. (775) FAX (775) 588-&479 EL DORADO COUNTY CALIFORNIA Date: Scale: Job No: MAY, "=40'

33 EXHIBIT "A" LEGAL DESCRIPTION JN TEMPORARY EASEMENT: TAHOE BEACH & SKI CLUB A.P.N AREA 1 All that certain real property situate within a portion of Lot 2, Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of Tract 1 as shown on Record of Survey Map, Recorded June 3, 2002, in Book 25, at Page 86, Official Records of the County of El Dorado, State of California, being more particularly described as follows: BEGINNING at a point on the westerly line of said Tract 1, from which the southwest corner of said Tract 1 bears, South 00 14'20" East, 8.74 feet; THENCE northerly along said westerly line, North 00 14'20" West, 6.34 feet; THENCE northeasterly leaving said westerly line, North 60 00'20" East, feet; THENCE South 29 45'29" East, 2.26 feet; THENCE South 60 14'31" West, feet; THENCE North 29 45'29" West, 5.00 feet; THENCE South 60 14'31" West, 8.00 feet; THENCE South 29 45'29" East, 5.00 feet; THENCE South 60 14'31" West, 4.47 feet to the POINT OF BEGINNING and the end of this description. Containing 231 square feet, more or less. AREA2 All that certain real property situate within a portion of Lot 2, Section 33, Township 13 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of El Dorado, State of California, being a portion of Tract 1 as shown on Record of Survey Map, Recorded June 3, 2002, in Book 25, at Page 86, Official Records of the County of El Dorado, State of California, being more particularly described as follows:

34 BEGINNING at a point on the easterly line of said Tract 1, from which the southeast corner of said Tract 1 bears, South 00 38'22" East, feet; THENCE southwesterly leaving said easterly line, South 60 14'31" West, feet; THENCE North 29 45'29" West, 1.99 feet; THENCE North 61 17'10" East, feet; THENCE North 60 14'31" East, feet to a point on said easterly line; THENCE southerly along said easterly line, South 00 38'22" East, 0.60 feet to the POINT OF BEGINNING and the end of this description. Containing 225 square feet, more or less. EXHIBIT "B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Record of Survey Map, Recorded June 3, 2002, in Book 25, at Page 86, Official Records of the County of El Dorado, State of California. Prepared by Lumos & Associates Gregory S. Phillips, LS East College Pkwy Carson City, NV

35 L9 S 0 38'22" E 22.08'(TIE) P.0.8. AREA 2 TEMPORARY EASEMENT Parcel Line Table Line # Direction Length L1 N 0 14'20" W 6.34' L2 N 63.00'20" E 67.52' L3 S " E 2.26' L4 s 60-14'31" w 58.09' L5 N 29"45'29" W 5.00' L6 s 60'14'31" w 8.00' L7 S 29'45'29" E 5.00' L8 s 60'14'31" w 4.47' L9 S 0'38'22" E 0.60' L10 N 29'45'29" W 1.99' APN TRACT 1 - ROS MAP NO TAHOE BEACH & SKI CLUB TEMPORARY EASEMENT AREA 2: 225± SQ.FT. TEMPORARY EASEMENT AREA 1: 231 ± SQ.FT. L5 L6 L7 L8 S 0'14'20" E 8. 74'(TIE) P.O.B. AREA 1! ~~~---TEMPORARY EASEMENT IA LU MOS <-::ll:j.1)1 /,; : : 225 KINGSBURY GRADE, SUITE A, P.O. BOX 3570 STATELINE, NEVAOA8lM49 PH. (775) FAX (775) CITY OF SOUTH LAKE TAHOE EXHIBIT 11 B 11 EL DORADO BEACH TO SKI RUN BLVD BIKE TRAIL APN El DORADO COUNTY CALIFORNIA Date: Scale: Job No: MAY,2014 1" = 40'

36 APPENDIX B LETTERS OF INTENT

37 "making a positive difference now" November 13, 2015 Mary McCall 5606 Memory Way Fair Oaks, CA Re: Notice of Hearing regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain (Cal. Code of Civil Proc ) Dear Ms. McCall 1. Notice of the intent of the City Council of the City of South Lake Tahoe to adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on December 7, 2015 that, if adopted, will authorize the City of South Lake Tahoe to acquire the property described herein by eminent domain for the purpose of acquiring the necessary easements to complete the El Dorado Beach tp Ski Run Bike Path. A description of the property being considered for acquisition is attached to this Notice as Exhibit A and Exhibit B. 2. Notice of your right to appear and be heard. Please take notice that the City Council of the City of South Lake Tahoe, at a regular meeting to be held on December 7, 2015 at 9:00 a.m., or as soon thereafter as the matter may be heard, at 1901 Airport Rd. South Lake Tahoe, CA 96150, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section for the commencement of an eminent domain proceeding to acquire real property. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. \Vhether the public interest and necessity require the proposed project; b. \Vhether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. \Vhether the property sought to be acquired by eminent domain and described in Exhibit A and Exhibit B is necessary for the proposed project. d. \Vhether the offer required by Government Code section (a), together with the accompany statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.Z(a) e. \Vhether the City of South Lake Tahoe has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and

38 f. \Vhether the city of South Lake Tahoe has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity will be available, upon your request, for inspection and copying at the office of the Clerk of the City of South Lake Tahoe at 1901 Airport Rd. South Lake Tahoe, CA ten (10) days after the mailing of this Notice. Your name appears on the last equalized El Dorado County assessment roll and as owner (in our preliminary title report) of the property required for the proposed project. 3. Failure to file a written request to be heard within fifteen (15) days after the notice was mailed will result in waiver of the right to appear and be heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk for the City of South Lake Tahoe no later than fifteen (15) days after this Notice was mailed. You must file your request to be heard at: Office of the City Clerk, City of South Lake Tahoe 1901 Airport Rd. South Lake Tahoe, CA California Code of Civil Procedure section (b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the board at this hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City of South Lake Tahoe to take the property by eminent domain. The amount of compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City of South Lake Tahoe at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City of South Lake Tahoe on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you \vill only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that arc concerned with the right to take the property by eminent domain. If the City of South Lake Tahoe adopts the Resolution of necessity on December 7, 2015, then within six months of the adoption of the Resolution, the City \vill commence eminent domain proceedings in Superior Court. In that proceeding, the Court \vill determine the amount of compensation to which you are entitled. Sincerely,. '. / -'\ ( -~.7.'.., ~ ) ~~P'Y ~efr;'- ':. ). City Manager { / - 'City of South Lake Tahoe Dated and mailed on November 13, 2015

39 "making a positive difference now" November 13, 2015 Allen Gutierrez 1420 Peachtree Street #250 Atlanta, GA Re: Notice of Hearing regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain (Cal. Code of Civil Proc ) Dear Mr. Gutierrez: 1. Notice of the intent of the City Council of the City of South Lake Tahoe to adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on December 7, 2015 that, if adopted, will authorize the City of South Lake Tahoe to acquire the property described herein by eminent domain for the purpose of acquiring the necessary easements to complete the El Dorado Beach to Ski Run Bike Path. A description of the property being considered for acquisition is attached to this Notice as Exhibits A and B for temporary and permanent easements. 2. Notice of your right to appear and be heard. Please take notice that the City Council of the City of South Lake Tahoe, at a regular meeting to be held on December 7, 2015 at 9:00 a.m., or as soon thereafter as the matter may be heard, at 1901 Airport Rd. South Lake Tahoe, CA 96150, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section for the commencement of an eminent domain proceeding to acquire real property. You have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. \Vhether the public interest and necessity require the proposed project; b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in Exhibits A and B for temporary and permanent easements is necessary for the proposed project. d. Whether the offer required by Government Code section (a), together with the accompany statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.Z(a) e. \Vhether the City of South Lake Tahoe has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and