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HomeMy WebLinkAboutRES 1989-25 - Board RESOLUTION NO. 89Z-r OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING RECORDATION OF RIVARA AND LAMB AGREEMENTS REGARDING HIRSCHDALE WHEREAS, a public hearing was held at the District offices on July 17, 1989, for the purpose of adopting a formula for apportionment of the unfunded cost of the Hirschdale water system improvements, and for which every owner in the community of Hirschdale was mailed written notice; and WHEREAS, the overwhelming consensus from such owners who were in attendance was that they would be willing to pay a higher assessment for their individual lots if the owners of AP# 48-110- 13, Gregory M. and Diane E. Lamb, and AP# 48-110-11, Anthony and Mary Rivara, would so restrict their real property because they viewed such restriction as limiting the amount of future development and congestion, and thereby improving the quality of life in the community of Hirschdale; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that the Clerk of the District is hereby authorized to record the Lamb and Rivara property restriction agreements with the County of Nevada. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 5th of September 1989, by the following roll call vote: AYES: 19a. .efl, G'O.eBr�7'; SvTTo�/, �vr1i f ih.9�lSS. NOES: ABSENT: /Yoivcc. TRUCKEE DONNER PUBLIC UTILITY DISTRICT J&s A. Maass, President ATTES Susan M. Craig, Deputy Vistrict Clerk smc 1 , RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: John M. Phelps PORTER, SIMON, GRAHAM, PHELPS AND CUTTITTA Professional Corporation 10116 Donner Pass Road Post Office Box 2819 Truckee, California 95734 PROPERTY RESTRICTION AGREEMENT This Agreement is entered into as of the 15th day of August, 1989, by and between GREGORY M. and DIANE E. LAMB ("Lamb") and the TRUCKEE DONNER PUBLIC UTILITY DISTRICT (the "District") with respect to the following facts: A. Lamb presently owns Nevada County Assessor parcel number 48-110-13, consisting of approximately 1.66 acres, and located in the community of Hirschdale, County of Nevada, State of California (the "Real Property") . The Real Property is legally described on Exhibit A, attached hereto and incorporated herein by reference. B. The District recently installed a new water distribution system, consisting of a well, pump, water storage tank, and distribution lines, to serve all of the existing developed and developable parcels in the community of Hirschdale. A portion of the cost of the water distribution system was funded by a grant from the State of California, but the unfunded cost of such system (the "Unfunded Cost") will be apportioned to, and paid by, all developed and developable parcels in the community of Hirschdale that can be served by the water distribution system. -1- C. The District has adopted a formula for the allocation of the Unfunded Cost that is based upon the number of dwelling units that could be constructed upon each parcel of real estate, based upon the size and existing zoning of the real estate. The majority of lots within the community of Hirschdale can accommodate only one dwelling unit, but the Real Property, because of its current zoning, could permit up to 4 dwelling units. The Unfunded Cost, allocable to the Real Property, and based upon 4 dwelling units, would be approximately $6, 300. D. Lamb has indicated that he is willing to restrict the Real Property so that it cannot be divided into smaller lots and can contain only one single-family dwelling, if, as a result of such restriction, the District will assess the Real Property for only one dwelling unit. E. At a public hearing held at the District offices on July 17, 1989, for the purpose of adopting a formula for apportionment of the Unfunded Cost, and for which every owner in the community of Hirschdale was mailed written notice, the overwhelming consensus from such owners who were in attendance was that they would be willing to pay a higher assessment for their individual lots if Lamb would so restrict his Real Property (thereby reducing its assessment) because they viewed such restriction as limiting the amount of future development and congestion, and thereby improving the quality of life in the community of Hirschdale. -2- WHEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Restriction to Bind Successors Run with Land. Lamb hereby declares, covenants and agrees that the Real Property shall hereafter be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to all of the restrictions and other terms contained herein, which are imposed as equitable servitudes, for the benefit of all of the developed or developable parcels of real estate located in the community of Hirschdale, County of Nevada, State of California, and described on Exhibit B, attached hereto and incorporated herein by reference, and for the benefit of the District. A map showing the location of the Real Property and the properties described on Exhibit B is attached hereto as Exhibit C and incorporated herein by reference. Lamb hereby declares, covenants and agrees that the restrictions and other terms contained herein shall run with the Real Property, and be binding on Lamb and his successors and assigns, and all parties having or acquiring any right, title or interest in or to the Real Property, and shall inure to the benefit of each owner thereof. Lamb further declares, covenants and agrees that because the restrictions and other terms contained herein shall benefit all of the parcels of real estate described on Exhibits B and C, as well as benefit the District, the owners of any of the parcels of real estate described on Exhibits B and C, and their successors and assigns, shall have the right to enforce the restrictions and other terms contained herein, even though they have not signed this Agreement. The District, and its successors and assigns, shall -3- also have the right to enforce the restrictions and other terms contained in this Agreement. 2 . Restriction on Division of Real Property. Lamb declares, covenants and agrees that he shall not, by way of subdivision, parcel split, boundary line adjustment, rezoning, or any other manner or method, further divide or subdivide or permit to be divided or subdivided, the Real Property into any more lots or parcels. Lamb further declares, covenants and agrees that he shall not construct, or permit to be constructed on the Real Property, any structure other than one single-family residence, and such additional garages and outbuildings as applicable zoning ordinances allow on lots zoned for single-family residences. Lamb further declares, covenants and agrees that any attempted subdivision or division of the Real Property, by him or his successors and assigns, in violation of this Agreement, shall be null and void, and shall not accomplish a subdivision or division of the Real Property. Finally, Lamb declares, covenants and agrees that if he or his successors and assigns applies to the County of Nevada, or any other government agency or entity for a subdivision or division of the Real Property or for construction of more than one single- family residence on the Real Property, in violation of this Agreement, such public agencies are hereby .requested and directed not to approve such application. 3. Water Service to be Provided. Since the Real Property is being assessed for only one dwelling unit, one 5/8 x 3/4 inch -4- domestic water service will be provided by the District to serve the Real Property, for which Lamb will be charged the same set up and inspection fee charged other residents of Hirschdale. Before any larger service will be provided, additional fees must be paid in accordance with the District's rate schedule for services. 4. Reduction of Lamb Assessment. In consideration of the terms and covenants contained herein, the District agrees that it shall allocate to the Real Property a portion of the Unfunded Cost attributable to only one dwelling unit, thereby producing a total assessment for the Real Property of approximately $2, 150, instead of the approximately $7,500 that would otherwise be assessed for the Real Property. Lamb acknowledges that as a result of the reduction in the Real Property's assessment, the assessment on all of the parcels of real estate described on Exhibits B and C will be increased by approximately eight percent (8%) . 5. Modification of Agreement. This Agreement can be modified or altered only with the unanimous written agreement of all of the owners of all of the parcels of real property described on Exhibits B and C, and the written consent of the District. 6. Terms. The restrictions and other terms of this Agreement shall run with and bind the Real Property, and shall inure to the benefit of and shall be enforceable by the District or the owners of the parcels of real property described on Exhibits B and C, their respective legal representatives, heirs, successors and -5- assigns, for a term of thirty (30) years from the date this Agreement is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by all of the then owners of the parcels of real property described on Exhibits B and C and by the District, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said restrictions and other terms in whole or in part, or to terminate the same. 7. Enforcement. Enforcement of the terms and restrictions contained herein shall be by proceedings at law or in equity against any person or persons or entities violating or attempting to violate any of the terms or restrictions. The parties agree that all persons or entities entitled to enforce this Agreement shall be entitled to seek and obtain injunctive relief against a violation or threatened violation. 8. Attorneys' Fees. In the event of any litigation to enforce the provisions of this Agreement, or to restrain the violation thereof, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees as fixed by the Court. 9. Entire Agreement. This Agreement contains the entire agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, -6- arrangements, or understandings, oral or written, between the I^ parties hereto relating to the subject matter contained in this Agreement which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all parties to this Agreement. 10. Partial Invalidity. Each term, covenant, condition or provision of this Agreement shall be viewed as separate and distinct, and in the event that any such term, covenant, condition or provision shall be held by a court of competent jurisdiction to be invalid, the remaining provisions shall continue in full force and effect. 11. Governing Law. The construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. 12 . Forum. Any litigation to enforce or interpret the provisions of this Agreement or the parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the County of Nevada, California. 13. Successors in Interest. This Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estate, heirs, and legatees -7- of each of the parties hereto and of each of the owners of the parcels of real estate described on Exhibits B and C. 14. Time of Essence. Time is of the essence in the performance of all obligations under this Agreement. 15. Captions. The captions and headings of the different paragraphs of this Agreement are inserted for convenience of reference only, and are not to be taken as part of this Agreement or to control or affect the meaning, construction, or effect of the same. 16. Necessary Acts. Each party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. V 41 TRUCKEE DON G �go M. La NER PUBLIC UTILITY DISTRICT 'I'1 By: Diane E. Lamb Peter L. Hol eister, General Manager + -8- STATE OF CALIFORNIA ) ) ss. COUNTY OF NEVADA ) On this /,az-' day of August, 1989, before me, a Notary Public, personally appeared PETER L. HOLZMEISTER, known to me to be the General Manager of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, who executed the PROPERTY RESTRICTION AGREEMENT on behalf of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT and acknowledged to me that such DISTRICT executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. OFFICIAL SEAL 04- - USANS M C I NOTARY PUBLIC - CALIF 0RNIIA Notary Public NEVADA COUNTY My Comm. expires MAY 29, 1993 STATE OF CALIFORNIA ) f ) ss. COUNTY OF Well ) On this day of August, 1989, before me, personally �.. appeared GREGORY M. LAMB, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the PROPERTY RESTRICTION AGREEMENT, and acknowledged that he executed it. Notary P is OPFlcuti sFat STATE OF CALIFORNIA ) _ K.S. HOWARD s s. nWNW Pueuo-CAUFORM COUNTY OF Nvow ake n mot courq IMyCarai%bn EOe 4",14.1M On this day of August, 1989, before me, personally appeared DIANE E. LAMB, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the PROPERTY RESTRICTION AGREEMENT, and acknowledged that she executed it. Notary Pu is eae+ 1 OFMPLSEAL X B. HOWARD NOTARY PUBILM-CALFOfiPu► 3 p�OlGcahMerir►Counsy �Cartmi�ion Ems Jtx�o 14,1090 LEGAL DESCRIPTION The "Trailer Park" parcel containing 111.660" acres as shown and so designated upon the Parcel Map for Thomas Kirby filed February 2, 1971 in the Office of the County Recorder of Nevada County in Book 1 of Parcel Maps, at Page 131. EXHIBIT A NEVADA COUNTY LOT NUMBER AS SHOWN ASSESSOR CURRENT ON EXHIBIT C HERETO PARCEL NO. OWNER 1 48-100-06 Blakely 2 48-100-07 Waltrip 3 48-100-14 Bright 4 48-100-01 Fleig 5 48-110-10 Garcia 6 48-110-03 Curtis 7 48-110-08 Rivara 8 48-110-07 H&B Rivara 9 48-110-02 H&B Rivara 10 48-110-06 Sutherlin 11 48-110-11 Rivara 12 48-120-34 Kuttel 13 48-120-38 Shaw 14 48-120-06 Williams 15 48-120-07 Dromiak 16 48-120-08 Jones 17 48-120-33 Rivara 18 48-120-09 Lawrence 19 48-120-10 Hepworth 20 48-120-11 Bechtdolt 21 48-120-23 Bess 22 48-120-24 Parker 23 48-120-28 Bastasini 24 48-120-21 Austin 25 48-120-32 McCarthy 26 48-120-30 McElhinnie 27 48-120-29 H&B Rivara 28 48-120-19 Legg 29 48-120-18 Legg 30 48-120-17 Minnis 31 48-120-16 Fehrt 32 48-120-15 Hedges 33 48-120-37 Brurson 34 48-120-35 Sumpter 35 48-100-04 McBride 36 48-100-03 Tompkins 37 48-100-10 Mortensen 38 48-100-02 Delara 39 48-110-12 Rivara 40 48-110-13 Lamb 41 48-120-12 Whitemore v^, EXHIBIT B MAP Or DENEFITTINC PARCEL: �a K _ WA..p 10001/ 4 Not to Scale o / 9I 9Y / 7, LEGEND y (8 � l✓ = Map nu-ber of Benefittin9 Parcel � ►vim R / 1 .�� :uRSCHDALE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: John M. Phelps PORTER, SIMON, GRAHAM, PHELPS AND CUTTITTA Professional Corporation 10116 Donner Pass Road Post Office Box 2819 Truckee, California 95734 PROPERTY RESTRICTION AGREEMENT This Agreement is entered into as of the 15th day of August, 1989, by and between ANTHONY and MARY RIVARA ("Rivara") and the TRUCKEE DONNER PUBLIC UTILITY DISTRICT (the "District") with respect to the following facts: A. Rivara presently owns Nevada County Assessor parcel number 48-110-11, consisting of approximately 5.53 acres, and located in the community of Hirschdale, County of Nevada, State of California (the "Real Property") . The Real Property is legally described on Exhibit A, attached hereto and incorporated herein by reference. B. The District recently installed a new water distribution system, consisting of a well, pump, water storage tank, and distribution lines, to serve all of the existing developed and developable parcels in the community of Hirschdale. A portion of the cost of the water distribution system was funded by a grant from the State of California, but the unfunded cost of such system (the "Unfunded Cost") will be apportioned to, and paid by, all developed and developable parcels in the community of Hirschdale that can be served by the water distribution system. -1- - l C. The District has adopted a formula for the allocation of the Unfunded Cost that is based upon the number of dwelling units that could be constructed upon each parcel of real estate, based upon the size and existing zoning of the real estate. The majority of lots within the community of Hirschdale can accommodate only one dwelling unit, but the Real Property, because of its current zoning, could permit up to 15 dwelling units. The Unfunded Cost, allocable to the Real Property, and based upon 15 dwelling units, would be approximately $23,500. D. Rivara has indicated that he is willing to restrict the Real Property so that it can be divided only once, into two parcels each containing only one single-family dwelling, if, as a result of such restriction, the District will assess the Real Property for only two dwelling units. E. At a public hearing held at the District offices on July 17, 1989, for the purpose of adopting a formula for apportionment of the Unfunded Cost, and for which every owner in the community of Hirschdale was mailed written notice, the overwhelming consensus from such owners who were in attendance was that they would be willing to pay a higher assessment for their individual lots if Rivara would so restrict his Real Property (thereby reducing its assessment) because they viewed such restriction as limiting the amount of future development and congestion, and thereby improving the quality of life in the community of Hirschdale. -2- �•., WHEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Restriction to Bind Successors Run with Land. Rivara hereby declares, covenants and agrees that the Real Property shall hereafter be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to all of the restrictions and other terms contained herein, which are imposed as equitable servitudes, for the benefit of all of the developed or developable parcels of real estate located in the community of Hirschdale, County of Nevada, State of California, and described on Exhibit B, attached hereto and incorporated herein by reference, and for the benefit of the District. A map showing the location of the Real Property and the properties described on Exhibit B is attached hereto as Exhibit C and incorporated herein by reference. Rivara hereby declares, covenants and agrees that the restrictions and other terms contained herein shall run with the Real Property, and be binding on Rivara and his successors and assigns, and all parties having or acquiring any right, title or interest in or to the Real Property, and shall inure to the benefit of each owner thereof. Rivara further declares, covenants and agrees that because the restrictions and other terms contained herein shall benefit all of the parcels of real estate described on Exhibits B and C, as well as benefit the District, the owners of any of the parcels of real estate described on Exhibits B and C, and their successors and assigns, shall have the right to enforce the restrictions and other terms contained herein, even though they /00-� have not signed this Agreement. The District, and its successors -3- i and assigns, shall also have the right to enforce the restrictions and other terms contained in this Agreement. 2. Restriction on Division o Real Property. Rivara declares, covenants and agrees that, although he shall be entitled to divide the Real Property into two separate parcels, each of which could accommodate one single-family residence, (the "Resulting Two Lots") , he shall not, by way of subdivision, parcel split, boundary line adjustment, rezoning, or any other manner or method, further divide or subdivide or permit to be divided or subdivided, the Resulting Two Lots into any more lots or parcels. Rivara further declares, covenants and agrees that he shall not construct, or permit to be constructed on either of the Resulting too*,- Two Lots, any structure other than one single-family residence, and such additional garages, and outbuildings as applicable zoning ordinances allow on lots zoned for single-family residences. Rivara further declares, covenants and agrees that any attempted subdivision or division of the Resulting Two Lots, by him or his successors and assigns, in violation of this Agreement, shall be null and void, and shall not accomplish a subdivision or division of the Resulting Two Lots. Finally, Rivara declares, covenants and agrees that if he or his successors and assigns applies to the County of Nevada, or any other government agency or entity for a subdivision or division of the Resulting Two Lots, or for construction of more than one single-family residence on either of the Resulting Two Lots, in violation of this Agreement, such public /00011 agencies are hereby requested and directed not to approve such application. -4- 3 . Water Service to be Provided. Since the Real Property is being assessed for only two dwelling units, two 5/8 x 3/4 inch domestic water services will be provided by the District to serve the Real Property, for which Rivara will be charged the same set up and inspection fee charged other residents of Hirschdale. Before any larger service will be provided, additional fees must be paid in accordance with the District's rate schedule for services. 4. Reduction of Rivara Assessment. In consideration of the terms and covenants contained herein, the District agrees that it shall allocate to the Real Property a portion of the Unfunded Cost attributable to only two dwelling units, thereby producing a total assessment for the Real Property of approximately $4300, instead of the approximately $23, 500 that would otherwise be assessed for the Real Property. Rivara acknowledges that as a result of the reduction in the Real Property's assessment, the assessment on all of the parcels of real estate described on Exhibits B and C will be increased by approximately thirty percent (30%) . 5. Modification of Agreement. This Agreement can be modified or altered only with the unanimous written agreement of all of the owners of all of the parcels of real property described on Exhibits B and C, and the written consent of the District. 6. Term. The restrictions and other terms of this Agreement shall run with and bind the Real Property, and shall inure to the -5- s �.., benefit of and shall be enforceable by the District or the owners of the parcels of real property described on Exhibits B and C, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Agreement is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by all of the then owners of the parcels of real property described on Exhibits B and C and by the District, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said restrictions and other terms in whole or in part, or to terminate the same. 7. Enforcement. Enforcement of the terms and restrictions contained herein shall be by proceedings at law or in equity against any person or persons or entities violating or attempting to violate any of the terms or restrictions. The parties agree that all persons or entities entitled to enforce this Agreement shall be entitled to seek and obtain injunctive relief against a violation or threatened violation. 8. Attorneys' Fees. In the event of any litigation to enforce the provisions of this Agreement, or to restrain the violation thereof, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees as fixed by the Court. 9. Entire Agreement. This Agreement contains the entire -6- agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto relating to the subject matter contained in this Agreement which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all parties to this Agreement. 10. Partial Invalidity. Each term, covenant, condition or provision of this Agreement shall be viewed as separate and distinct, and in the event that any such term, covenant, condition or provision shall be held by a court of competent jurisdiction to be invalid, the remaining provisions shall continue in full force and effect. 11. Governing Law. The construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. 12. Forum. Any litigation to enforce or interpret the provisions of this Agreement or the parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the County of Nevada, California. -7- 13 . Successors in Interest. This Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estate, heirs, and legatees of each of the parties hereto and of each of the owners of the parcels of real estate described on Exhibits B and C. 14 . Time of Essence. Time is of the essence in the performance of all obligations under this Agreement. 15. Captions. The captions and headings of the different paragraphs of this Agreement are inserted for convenience of reference only, and are not to be taken as part of this Agreement or to control or affect the meaning, construction, or effect of the same. 16. Necessary Acts. Each party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provision of this Agreement. Anth y,,Ri ra TRUCKEE DONNER PUBLIC UTILITY DISTRICT Rivara �_ By: J ,� -8- STATE OF CALIFORNIA ) �.. ) ss. COUNTY OF NEVADA ) On this �/ � day of August, 1989, before me, a Notary Public, personally appeared PETER L. HOLZMEISTER, known to me to be the General Manager of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, who executed the PROPERTY RESTRICTION AGREEMENT on behalf of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT and acknowledged to me that such DISTRICT executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. SS OFFICIAL SEAL SUSAN M CRAIG rlOTARY PUBLIC- CALIFORNIA Notary Public . �.-r�C"•yam NEVADA COUNTY My comm. expires MAY 29, 1993 STATE OF ss. COUNTY OF ��y,4 pi4 ) On this /-.a.Z day of August, 1989, before me, personally appeared ANTHONY RIVARA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the PROPERTY RESTRICTION AGREEMENT, and ,r-- acknowledged that he executed it. OFFICIALDCRAIGoiary , SUSAN M Public VOTARY PUBLIC -NEVADA COMy Comm. expires STATE OF ss. COUNTY OF On this dj - day of August, 1989, before me, personally appeared MARY RIVARA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the PROPERTY RESTRICTION AGREEMENT, and acknowledged that she executed it. OFFICIAL SEAL N. SUSAN M CRAIG otary Public vouRY PUBLIC - CA11. : NEVADA COUNTY ;y comm. expires MAY 29, 1993 .. 1 f LEGAL DESCRIPTION That portion of Section 34, Township 18 North, Range 11 East, M.D.M., together with that portion of the subdivision "Hirschdale on the Truckee", according to the Official Map thereof on file in the office of the County Recorder of Nevada County, California, in Book 1 of Subdivisions, at Page 37, described as follows: Beginning at a point which is marked by an iron pipe set in concrete which is South 88. 02' Fast 1459 feet from the quarter section corner ooam4non to Sections 33 and 34, said Township and Range; thence North 55. 47' East 1984.85 feet to a pipe set in concrete; thence South 6• 56' 30" West 1432.91 feet to a pipe set in concrete; thence South 648 13' West 822.90 feet to an iron pipe set in concrete; theme North 47. 366 30" West 986.00 feet to the point of beginning. EXCEPT that portion of said Section 34, and of said subdivision "Hirschdale on the Truckee", which lies East and/or Northeasterly of the centerline of Floriston Avenue, as the same is shown upon that certain parcel map for Thomas Kirby, filed February 2, 1971, in Book 1 of Parcel Maps, Page 131 of Nevada County, California. ALSO EXCEPT Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 311 32, 33, 34, and 35 of said Hirschdale on the Truckee. ALSO EXCEPT those portions of the above described land as conveyed by the following deeds: a. Deed to Ralph F. Cardinal et ux, recorded November 3, 1949, in Book 146 of Official Records, at Page 103. b. Deed to Kenneth H. Hudgens et ux, recorded January 13, 1964, in Book 349 of Official Records, at Page 530. C. Deed to Raymond Belasco et ux, recorded July 22, 1966, in Book 404, at Page 661. d. Deed to Donald F. Wager et ux, recorded November 17, 1971, in Book 578 of Official Records, at page 400. e. Deed to Thomas R. McCarthy et tix, recorded June 26, 1970, in Book 517 Of Official Records, at Page 355. EXHIBIT A LEGAL DESCRIPTION THE ABOVE DESCRIBED PROPERTY, includes all those lots located in the subdivision "Hirschdale on the Truckee', according to the Official Map as referred to hereinabove, being Lots 13, 14, 15, 16, 17, 18, 36, 37, 38, 39 and 40, and portions of the so-called park and canpground areas located West of Floriston Avenue, as shown on the Official Map of said subdivision. ALSO EXCEPT that portion of Section 34, dip 18 North, Range 17 East, M.D.M. bounded Westerly by the Easterly line of Lot 1 of Hirschdale on the Truckee as per map filed June 17, 1926 in Book 1, Page 37 of Subdivision Maps; bounded Northerly by the Easterly prolongation of the Northerly line of said Lot 1; bounded Easterly by the Westerly line of Floriston Ave. 40 feet wide and bounded Southerly by the Northerly line of Juniper Way, 40 feet wide. Said land is shown as " Kirby-Home Loin on the map filed February 2, 1971- in Book 1, Page 131 of Parcel Map. ALSO EXCEPT the "Trailer Park" parcel containing 011.660" acres as shown and �. so designated upon the Parcel Map for %lianas Kirby filed February 2, 1971 in the office of the County Recorder of Nevada County in Book 1 of Parcel Maps, at Page 131. ALSO EXCEPT the "Motel Parcel" containing "1.011" acres as shown and so designated upon the Parcel Map for Thanas Kirby filed February 2, 1971 in the office of the County Recorder of Nevada County in Book 1 of Parcel Maps, at Page 131. EXHIBIT A - continued NEVADA COUNTY LOT NUMBER AS SHOWN ASSESSOR CURRENT ON EXHIBIT C HERETO PARCEL NO. OWNER 1 48-100-06 Blakely 2 48-100-07 Waltrip 3 48-100-14 Bright 4 48-100-01 Fleig 5 48-110-10 Garcia 6 48-110-03 Curtis 7 48-110-08 Rivara 8 48-110-07 H&B Rivara 9 48-110-02 H&B Rivara 10 48-110-06 Sutherlin 11 48-110-11 Rivara 12 48-120-34 Kuttel 13 48-120-38 Shaw 14 48-120-06 Williams 15 48-120-07 Dromiak 16 48-120-08 Jones 17 48-120-33 Rivara 18 48-120-09 Lawrence 19 48-120-10 Hepworth 20 48-120-11 Bechtdolt 21 48-120-23 Bess 22 48-120-24 Parker 23 48-120-28 Bastasini 24 48-120-21 Austin 25 48-120-32 McCarthy 26 48-120-30 McElhinnie 27 48-120-29 H&B Rivara 28 48-120-19 Legg 29 48-120-18 Legg 30 48-120-17 Minnis 31 48-120-16 Fehrt 32 48-120-15 Hedges 33 48-120-37 Brurson 34 48-120-35 Sumpter 35 48-100-04 McBride 36 48-100-03 Tompkins 37 48-100-10 Mortensen 38 48-100-02 Delara 39 48-110-12 Rivara 40 48-110-13 Lamb 41 48-120-12 Whitemore ,�^� EXHIBIT B MAP OF DENEFITTING PARCELS .; • 10 Swl p6lk _.. W Ay ----------------- / r Not to Scale r 81 yD Y LEGEND Map ntIInber of R ' �� ® / // Benefittin g Parcel • `�/ :IRSCHDALE