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RES 2013-039�11 RECORDING REQUESTED BY City of South Lake Tahoe AND WHEN RECORDED MAIL DOCUMENT TO: City of South Lake Tahoe 1901 Airport Road South Lake Tahoe, CA 96150 Attn: City Clerk Y IIII III � IIII II II IIII I IIII III III IIII I IIII I VIII I II E1 Dorado, Countyy Recorder William Schultz Co Recorder Office DOC— 2013- 0036583 -00 Acct 3 —FIRST AMERICAN TITLE CO Monday, JUL 15, 2013 14:31:16 Tt 1 Pd $0.00 Rcpt # 0001538223 LJP /C1 /1 -7 Space Above This Line for Recorder's Use Only RESOLUTION CONDITIONALLY ABANDONING A PORTION OF LAUREL AVENUE AND POPLAR STREET AS PUBLIC RIGHT -OF -WAY CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 2013 -39 SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 CENTRAL RECORDS FILE 03350 3 , 0 City of South Lake Tahoe Resolution No. 2013 -39 RESOLUTION CONDITIONALLY ABANDONING A PORTION OF LAUREL AVENUE AND POPLAR STREET AS PUBLIC RIGHT -OF -WAY WHEREAS, the California Streets and Highways Code, Sections 8330 through 8334.5 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 0 030530 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 (TRPA) permit conditions of approval. NOW, THEREFORE, BE IT 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 ABSTAIN: Councilmembers ATTES usan Alessi, City Clerk DAVIS. COLE. CONNER. LAINE & SWANSON 2-11- d� �114do� ) Tom Davis, Mayor 33G 33 0 EXHIBIT "A" THE CHATEAU AT THE VILLAGE PROJECT III — PHASE 2 LAUREL AVENUE AND POPLAR STREET RIGHT OF WAY ABANDONMENT LEGAL DESCRIPTION REAL PROPERTY located in the City of South Lake Tahoe, County of El Dorado, State of California. A PORTION 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, In Map Book "A ", at Page 1A more particularly described as follows: BEGINNING 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, 380.00 feet to the northerly right of way line of Poplar Street; 2) Along said northerly right of way line South 76 015' East, 154.00 feet to the westerly right of way line of U.S. Highway 50; 3) Along said westerly right of way line South 29 030' West, 51.50 feet to the southerly right of way line of Poplar Street; 4) Along said southerly right of way line North 76 °15' West, 141.00 feet to the easterly right of way line of Laurel Avenue; 5) Along said easterly right of way line South 13 °45' West, 216.00 feet to the southwest corner of Lot 2, Block M; 6) Leaving said easterly right of way line North 76 015' West, 60.00 feet to the westerly right of way line of Laurel Avenue; 7) Along said westerly right of way line North 13 045' East, 678.40 feet to the southerly right of way line of Stateline Avenue; 8) Along said southerly right of way line South 49 015' East, 67.34 feet; To the POINT OF BEGINNING, AND CONTAINING 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, Inc 333533 BASIS OF BEARINGS for this description are shown on the Official Ma p 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. EXHIBIT "B" attached and by this reference made a part hereof. Exp. IZ13,111 3 L 8631 I,/13 Ell APR-10VCD LAKE TAROT -i-mv Q DATE: gv u Welsh Hagen Associates, Inc u J 0 1 J v EXHIBIT 'B' LAUREL AVENUE AND POPLAR STREET ABANDONMENT BEING A PORTION OF LAUREL AVENUE AND POPLAR STREET OF THAT CERTAIN MAP, FIRST SUBDIVISION OF LAKESIDE PARK, IN MAP BOOK A, PAGE IA, 17.2013 OFFICIAL RECORDS COUNTY OF EL DORADO, CALIFORNIA POPLAR STREET r r�, / N / r r r / r _ / S r �''-►r / i r 76z 15, / 160.00, r / / r , �W Z /o° (0 \ O� 5�9. \ \s / POINT OF BEGINNING o / d \ O ' o \ 0 0 Z 6 4 00' ,5,w M° ° ' 141. 00 �o'�h / N O ' ' GRAPHIC SCALE 50 0 50 100 IN FEET ) , J L 8631 , / C �C / 55-11 3 1 inch = 100 fL WELSHHAGEN A S S O C I A T E S dba Telesto Nevada Inc. 5490 Longley Lane Reno, Nevada 89511 (775) 853 -7776 www.telestonv.eom Wll r ♦ 15.00' SNOW STORAGE EASEMENT RESERVED / -- ABANDONMENT AREA: ±47,057 s ft. ' o G �W A POPLAR STREET r r�, / N / r r r / r _ / S r �''-►r / i r 76z 15, / 160.00, r / / r , �W Z /o° (0 \ O� 5�9. \ \s / POINT OF BEGINNING o / d \ O ' o \ 0 0 Z 6 4 00' ,5,w M° ° ' 141. 00 �o'�h / N O ' ' GRAPHIC SCALE 50 0 50 100 IN FEET ) , J L 8631 , / C �C / 55-11 3 1 inch = 100 fL WELSHHAGEN A S S O C I A T E S dba Telesto Nevada Inc. 5490 Longley Lane Reno, Nevada 89511 (775) 853 -7776 www.telestonv.eom 036583 GOVERNMENT CODE 27361.7 I certify under the penalty of perjury that the portion(s) of the document that will not reproduce a readable copy to which this statement is attached, reads as follows: Licensed Land Surveyor; David L. Hagen; APPROVED SOUTH LAKE TAHOE CITY SURVEYOR; BY:; DATE; DATED: 0111512013 , 20130036583 r Signature/ Firm Name