Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Receivership of Placer County Land Speculators, LLC

United States District Court, D. Nevada

March 7, 2017

In re RECEIVERSHIP OF PLACER COUNTY LAND SPECULATORS, LLC

          PAUL J. PASCUZZI, CA, FELDERSTEIN FITZGERALD WILLOUGHBY & PASCUZZI LLP, Attorneys for Elli M. A. Mills, J.D., MBA, Receiver

          ORDERAUTHORIZINGRECEIVERTOMAKEIRREVOCABLE OFFERS OF DEDICATION OF 75.4 ACRES OF RECEIVERSHIP PROPERTYTOTHECOUNTY OFPLACERANDGRANTRELATED TEMPORARYCONSTRUCTIONLICENSEFORDEVELOPMENTRIGHTS

          Hon. Kent J. Dawson, Judge:

         Upon consideration of the Verified Motion of Receiver for Order Authorizing Receiver to Make Irrevocable Offers of Dedication of 75.4 Acres of Receivership Property to the County of Placer and Grant Related Temporary Construction License for Development Rights [Docket No. 912] (the “Motion”), after a hearing on due notice under the circumstances, the Court having considered the Motion and arguments, finding that notice of the Motion is appropriate under the circumstances, no opposition having been presented, and good cause appearing, IT IS ORDERED that:

         1. The Motion is granted;

         2. The Receiver is authorized to make irrevocable Offers of Dedication of 75.4 acres of Receivership property to the County of Placer as substantially set forth in attached Exhibits A & B;

         3. The Receiver is authorized to grant the Temporary Construction License to the County as substantially set forth in attached Exhibit C; and

         4. The Receiver is authorized to sign all documents and take all such action as necessary to effectuate the terms of this order on behalf of the receivership estate, including executing any and all documents.

         EXHIBIT A

         COUNTY OF PLACER

         OFFER OF DEDICATION

         HIGHWAY EASEMENT AND MULTI-PURPOSE EASEMENT

         For valuable consideration, receipt of which is hereby acknowledged, RECEIVERSHIP UNDER UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, CASE NO. 2:08-cv-01276-KJD-RJJ, by ELLI M. A. MILLS, solely in his capacity as court appointed Receiver in In Re Receivership of Placer County Land Speculators, LLC, under United States District Court, District of Nevada, Case No. 2:08-cv-01276-KJD-RJJ, the undersigned GRANTOR, hereby irrevocably offers for dedication to the County of Placer, State of California, easements for the following described public purposes:

         HIGHWAY EASEMENT

An easement for road purposes and incidentals thereto, including the utility rights over, on, under and across all that real property situated in the County of Placer, State of California, bounded and described as follows:
See “Highway Easement” on the attached Exhibits:
Exhibit “A” (D-9-1 Dyer Lane);
Exhibit “B” (D-9-2 Dyer Lane); and
Exhibit “C” (16-9 16 th Street).

         MULTI-PURPOSE EASEMENT

         A non-exclusive multipurpose easement over, on, under and across the land described below consisting of non-exclusive easements for the use, installation and maintenance of the following facilities:

         1. Street lighting, poles, overhead and underground wires, anchors, conduit and appurtenances thereto for electric, television, lighting and communication services.

         2. Water, recycled water, sewer and gas lines, services and appurtenances thereto.

         3. Drainage, earth slopes and erosion control, and all appurtenances thereto, and for clearing sight distances affecting the traveled way.

         4. To trim and remove trees, limbs and brush. For construction and maintaining centralized mail delivery boxes, pedestals and slabs. Together with any and all appurtenances thereto including pedestrian access for delivery and receipt of mail.

         5. For installation and maintenance of landscaping and irrigation, and all appurtenances thereto.

         6. For Multi-Purpose Trail purposes for non-motorized ingress and egress together with the right of trail or sidewalk construction, maintenance, and all appurtenances pertaining thereto.

         See “Multi-Purpose Easement” on the attached Exhibits:

Exhibit “A” (D-9-1 Dyer Lane);
Exhibit “B” (D-9-2 Dyer Lane); and
Exhibit “C” (16-9 16 th Street).

         This Irrevocable Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and all or any portion of this Irrevocable Offer of Dedication may be accepted at any time by the Board of Supervisors (or authorized agent on behalf of the Board of Supervisors) of the County of Placer. Upon acceptance, this offer of dedication shall convey an easement interest to the County of Placer.

         This Irrevocable Offer of Dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the vacation of streets or highways pursuant to Chapter 4 of Part 3 Division 9 of the Streets and Highways Code, commencing with Section 8300.

         It is understood and agreed that the County of Placer and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered easement area(s) or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Board of Supervisors (or authorized agent on behalf of the Board of Supervisors) of Placer County.

         (Any and all interest in the property conveyed by grantor to the County of Placer pursuant to this instrument runs with the land and is binding on the heirs, assigns and successors of the grantor.)

         GRANTOR:

         RECEIVERSHIP UNDER UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, CASE NO. 2:08-cv-01276-KJD-RJJ

ELLI M. A. MILLS, solely in his capacity as court appointed Receiver in In Re Receivership of Placer County Land Speculators, LLC, under United States District Court, District of Nevada, Case No. 2:08-cv-01276-KJD-RJJ

         Consent and Subordination of Deed of Trust Beneficiary:

         IRA SERVICES TRUST COMPANY CFBO JOHN TERRY ACCOUNT NUMBER IRA469385, as Beneficiary under Deed of Trust dated April 28, 2015, and recorded April 30, 2015, DOCUMENT NO. 2015-0035370-00, in the Official Records of Placer County, hereby consents to the recordation of this irrevocable Offer of Dedication and unconditionally subordinates the lien or charge of the foregoing deed of trust in favor of this Offer of Dedication, which shall be unconditionally prior and superior to the lien or charge of the deed of trust.

         See following page(s) for Acknowledgement(s)

         EXHIBIT “A” IOD -DYER LANE - D-9-1

         All that real property situated in the County of Placer, State of California, located within Section 10, Township 10 North, Range 5 East, Mount Diablo Meridian, and being a portion of the lands of Daca VI, LLC being a portion of Parcel One as described in that certain Grant Deed recorded on March 10, 2014 in Document No. 2014-0014811, Official Records of Placer County, and as shown on that certain Record of Survey No. 2843, filed for record on October 3, 2006 in Book 19 of Surveys at Page 47, Placer County Records, and being more particularly described as follows:

         “HIGHWAY EASEMENT”

         BEGINNING AT A POINT on the north boundary of said Parcel One, being the north line of the Southwest Quarter of said Section 10, said point being the northwest corner of that property described in the Book 3289, at Page 440, of the Official Records of Placer County, and being located South 89°47'19" West, 1, 242.32 feet from the northeast corner of said Southwest Quarter;

         Thence, from said POINT OF BEGINNING, along the west boundary of the property described in said Book 3289, at Page 440, South 00°13'07" East, 36.00 feet;

         Thence South 89°47'19" West, 305.23 feet;

         Thence South 88°38'35" West, 275.05 feet;

         Thence South 89°47'19" West, 394.76 feet;

         Thence, 78.92 feet along the arc of a 50.00-foot radius tangent curve left, through a central angle of 90°26'06";

         Thence South 00°38'47" East, 9.36 feet;

         Thence South 89°21'13" West, 85.50 feet;

         Thence, 77.32 feet along the arc of a 50.00-foot radius non-tangent curve left having a radius point bearing South 89°21'13" West, through a central angle of 88°35'48";

         Thence, 62.62 feet along the arc of a 5, 053.00-foot radius tangent curve right, through a central angle of 00°42'36";

         Thence North 88°31'59" West, 122.24 feet to a point on the west boundary of said Parcel One, being a point on the west line of said Southwest Quarter;

         Thence, along the west boundary of said Parcel One and west line of said Southwest Quarter, North 00°13'12" West, 47.25 feet to the northwest corner of said Parcel One and of said Southwest Quarter;

         Thence North 89°47'19" East, 1, 344.36 feet along the north boundary of said Parcel One and of said Southwest Quarter to the POINT OF BEGINNING.

         Containing 1.415 acres, more or less.

         TOGETHER WITH:

         “MULTIPURPOSE EASEMENT 1”

         A Multipurpose Easement of varying width, the northerly line of which is coincident with the southerly line of the herein described Highway Easement, said Multipurpose Easement being more particularly described as follows:

         BEGINNING AT A POINT on the west boundary of that property described in the Book 3289, at Page 440, of the Official Records of Placer County, and from which the northwest corner of said property bears North 00°13'07" West, 36.00 feet, said point also being on the southerly line of herein described Highway Easement;

         Thence, from said POINT OF BEGINNING, along the southerly line of herein described Highway Easement the following five consecutive courses:

1. South 89°47'19" West, 305.23 feet,
2. South 88°38'35" West, 275.05 feet,
3. South 89°47'19" West, 394.76 feet,
4. 78.92 feet along the arc of a 50.00-foot radius tangent curve left, through a central angle of 90°26'06", and
5. South 00°38'47" East, 9.36 feet; Thence North 89°21'13" East, 29.00 feet;

         Thence North 00°38'47" West a distance of 9.87 feet;

         Thence 31.57 feet along the arc of a 20.00 foot tangent curve right through a central angle of 90°26'06";

         Thence North 89°47'19" East, 976.00 feet to the west boundary of said property described in Book 3289, at Page 440, of the Official Records of Placer County;

         Thence, along the west boundary of said property, North 00°13'07" West, 35.00 feet to the POINT OF BEGINNING.

         Containing 33, 095 square feet, more or less.

         ALSO TOGETHER WITH:

         “MULTIPURPOSE EASEMENT 2”

         A Multipurpose Easement of varying width, the northerly line of which is coincident with the southerly line of the herein described Highway Easement, said Multipurpose Easement being more particularly described as follows:

         BEGINNING AT A POINT on the west boundary of said Parcel One and point on the west line of the Southwest Quarter of said Section 10 from which the northwest corner thereof bears North 00°13'12" West, 47.25 feet, said point being on the southerly line of herein described Highway Easement;

         Thence, from said POINT OF BEGINNING, along the southerly line of the herein described Highway Easement the following three consecutive courses:

         1. South 88°31'59" East, 122.24 feet, 2. 62.62 feet along the arc of a 5, 053.00-foot radius tangent curve left, through a central angle of 00°42'36", and

         3. 77.32 feet along the arc of a 50.00-foot radius reverse tangent curve right, through a central angle of 88°35'48";

         Thence South 89°21'13" West, 40.50 feet;

         Thence North 00°38'47" West 10.27 feet;

         Thence 30.88 feet along the arc of a 20.00 foot tangent curve left through a central angle of 88°28'33";

         Thence, 52.16 feet along the arc of a 5, 073.00-foot radius reverse tangent curve right through a central angle of 00°35'21";

         Thence North 88°31'59" West, 121.65 feet to a point on the west boundary of said Parcel One;

         Thence along said west boundary North 00° 13'12" West, 20.01 feet to the POINT OF BEGINNING.

         Containing 5, 434 square feet, more or less.

         The bearings shown hereon are based on the California Coordinate System, Zone 2, as shown on Record of Survey No. 2843 filed in Book 19 of Surveys, Page 47, O.R.P.C. All distances given are ground distances.

         See “Page 4 of 4”, plat to accompany description, attached hereto and made a part hereof.

         This legal description was prepared by me or under my supervision pursuant to Section 8729 (2) of the Professional Land Surveyors Act.

Craig E. Spiess, PLS 7944 License Expiration Date: 12-31-17

         Description prepared by:

         MACKAY & SOMPS CIVIL ENGINEERS, INC. 1552 Eureka Road, Suite 100, Roseville, CA 95661 P:\18156\Overall\srv\mapping\desc\major roads\ Dyer Lane\D-9-1.doc

         EXHIBIT “B” IOD -DYER LANE - D-9-2

         All that real property situated in the County of Placer, State of California, located within Section 10, and Section 11, Township 10 North, Range 5 East, Mount Diablo Meridian, and being a portion of the lands of Daca VI, LLC being a portion of Parcel One and Parcel Two as described in that certain Grant Deed recorded on March 10, 2014 in Document No. 2014-0014811, Official Records of Placer County, and as shown on that certain Record of Survey No. 2843, filed for record on October 3, 2006 in Book 19 of Surveys at Page 47, Placer County Records, and being more particularly described as follows:

         “HIGHWAY EASEMENT”

         BEGINNING AT A POINT on the east boundary of said Parcel Two described in Document No. 2014-0014811, being a point on the east line of the Southwest Quarter of said Section 11 from which the northeast corner of said Parcel Two and the Southwest Quarter of said Section 11 bears North 00°50'18" West, 77.00 feet;

         Thence, from said POINT OF BEGINNING, along said east boundary, South 00°50'18" East, 72.00 feet;

         Thence South 89°44'37" West, 2, 574.01 feet;

         Thence, 79.11 feet along the arc of a 50.00-foot radius tangent curve left, through a central angle of 90°39'05";

         Thence South 00°54'27" East, 14.80 feet;

         Thence South 89°05'33" West, 50.00 feet;

         Thence North 00°54'27" West, 5.00 feet;

         Thence, 77.97 feet along the arc of a 50.00-foot radius tangent curve left, through a central angle of 89°20'55";

         Thence South 89°44'47" West, 71.42 feet;

         Thence, 157.49 feet along the arc of a 1, 047.50-foot radius tangent curve right, through a central angle of 08°36'52";

         Thence North 73°29'21" West, 123.58 feet;

         Thence North 77°38'27" West, 249.84 feet;

         Thence, 211.37 feet along the arc of a 964.00-foot radius tangent curve left, through a central ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.