HomeMy WebLinkAbout15 Attachment 1 Ash Claim DocumentsApril 14, 2015
Ms. Mimi Ash
The Metro Group, Inc.
4120 Douglas Boulevard, Suite 384
Granite Bay, California 95746
Re: Water Development Agreement for Pinyon Creek II
Placer County APNs 080-270-003, 080-270-016 and 080-270-017
Dear Ms. Ash:
Directors
Joseph R. Aguera
Jeff Bender
Bob Ellis
Tony Laliotis
Paul Warmerdam
General Manager
Michael D. Holley
The Truckee Donner Public Utility ("District") understands that you are the owner of Placer County
APNs 080-270-003, 080-270-016 and 080-270-017 and the development project commonly known as
Pinyon Creek Phase Il. You are likely aware that in 2003 the District entered into an On -Site Water
Development Agreement Between the Truckee Donner Public Utility District and Shire Investments
LLC, APN 19-620-15, Pinyon Creel-, I ("Agreement"), a copy of which is attached. Pursuant to Section
29 the Agreement and an August 18, 2004 letter from the District to Bryan McAllister, SCO Planning &
Engineering ("Letter"), a copy of which is also attached, the District is currently holding the sum of
$39,000 as a financial guarantee of construction of the Phase II water piping.
It appears to the District that you are the successor to Shire Investments LLC pursuant to Section 18 of
the Agreement. If that is the case, then you would be entitled to receive any refund of the financial
guarantee in accordance with the terms of the Agreement and Letter. Please confirm in writing to the
District that you are in fact the successor to Shire Investments LLC under the Agreement. Please provide
any documentation you have to support your position.
The District is also sending a copy of this letter to Mark Steiner, Pinyon Creek LLC, which is designated
in the Agreement as the recipient of any notices under the Agreement, via certified mail, so that it is
aware of the District's interest in ascertaining the identity of the person or entity entitled to any refund
of the financial guarantee.
If you have any questions, or require further information, please contact me at 530-582-3950.
Sincerely,
Neil Kaufman, P.E.
Water System Engineer
Enclosures
cc: Mark Steiner, Pinyon Creek LLC
11570 Donner Pass Road, Truckee, CA 96161 — Phone 530-587-3896 — www.tdpud.org
May 5, 2015
Truckee Donner Public Utility
Attn; Neil Kaufman
11570 Donner Pass Rd.
Truckee, CA 96161
RE; Water Development Agreement
Dear Neil,
Thank you for your letter dated April 14 and my apologies for the delayed
response. The Metro Group is in fact the successor to Shire Investments, otherwise
know as Mark Steiner. The Metro Group acquired the project and all beneficial
interests in November 2014 from the Lender, Pinyon Creek 11, LLC who retained the
property and all its rights subsequent to foreclosing. Enclosed as documentation
and for your records are the Deed of Trust from Mark Steiner to Pinyon Creek 11,
LLC, please note highlights on pages 1, 3 & 4. Please let me know if rb's satisfies your
requirement to confirm succession, thanl -,
G
Ash
Recording Re vested B
When Recorded Mail To:
Rivex City Financial Servicing, Ine,
Pool H05C 370
Lincoln, CA 95648
901� /ooZ --60�"
'ACER. County Recorder
DECa 2005 MUM
,0
'd $... trl Nb 4008iirl
(This space for recorders use only)
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(This Deed of Trust contains an Acceleration Clause)
This DEED OF TRUST made December -23�, 2005, between: .
PINYON CREEK II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
herein called TRUSTOR, whose address is: C/O STEINER DEVELOPMENT
8999 GREENBACK LANE 2ND FLOOR
ORANGEVALE, CA 95662-
and RIVER• CITY FINANCIAL SERVICING, INC. herein called TRUSTEE, and
**,See statement #1 i=or beneficiary vesting *'�
herein called BENEFICIARY;
WITNESSETH; The Trustorinevocabfy GRANTS, TRAN5FERS AND ASSIGNS TO'TRUS'pEE intrust, with POWER.
OF SA>aE, that pxoperty in the State of California,' in the City of - UNINCORPORATED , County of
PLACER described as: '
SEE ATTACHED EXHIBIT "A"
- LEGAL DESCRIPTION
%
1.des;,�:��.nd�:overrttling<�`oy�t►es:'tle�sm:``�1�T=��l.iese�'" Itiv�et�tez���urz�iaitf rip�ii3ia��YY-=a}�i'rzr
HOWEVER, to, the right, power and authority given to -and conferred upori:Beneficiary by paragraph
incorporated by'refereLice herein, tc'colledt'and apply sueh•rents, issues grid profits.
Page 1 of 4
3Ail Ytiv ""'U V,IJ Ail.. A ,
11 ofthe provisions
FOR THE PURPOSE OF SECURING;
`(1) Performance of each agreement of Trustor incorporated by reference or contained herein;
(2) Payment of the indebtedness evidenced by one promissory note of even date herewith any amounts that. may
become due thereunder, and all extensions, modifications, or renewals thereof, in the principal sum of
$ 1 , 2 3 0 r 0 0 0 . 0 0 - executed by Trustor and payable to Beneficiary or order;
(3) Payment of all sums of money, with interest thereon; which may be paid out or advanced by or may othezwise
be due to Trustee or Beneficiary under any provision of this Deed of Trust,
In file event of sale . or transfer, conveyance or alienation of said real property, or any part thereof, or any interest
therein, whether voluntary or involuntary, Beneficiary shall have the right of acceleration, at its option, to declare the
Note secured by the Deed of Trust, irrespective of the maturity date expressed therein, and without demand or notice,
immediately due and payable: No waiver of this right shall be effective unless it is in writing. Consent by the
Beneficiary to one such- transaction shall not constitute waiver of the right to require such consent to succeeding
ttansactions,
To Protect the security of this Deed of Trust, and with respect . to the property described above, Trustor expressly makes
each of all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and
provisions set forth as follows;
1., To keep said property in goad condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good
and workmanlike manner any building which may be constructed, damaged or destroyed thereon; to keep all bulldings, .structures and other
improvements now or hereafter situated on the above described property at all times entirely free of dry rot, fungus, rust, decay, termites, beetles,
and any other destructive insects or elemetits; to pay when due all claims for labor performed and materials- furnished therefor; to comply with
all laws affecting said property or requiring any alterations or improvements to be made thereon, not to commit or permit waste thereof; not to
commit, suffer or permit any act upon said property In violation of taw; to cultivate; irrigate, fertflize, fumigate, prune, and do all other acts which
from the character or use. of said property. may be reasonably necessary, the specific enumerations herein not excluding the gendtal, Either
Beneficiary or Trustee, or both, at any time during the continuation of this Deed of Trust, may enter upon and inspect sold property, provided such
entry is reasonable as to time and manner.
2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory and with loss payable to Beneficiary. The amount collected under any
fire or other insurance. policy may 6e applied by Beneficiary upon any indebtedness secured hereby and .in such order as Beneficiary may
determine, or at option of Beneficiary the entire, amount so collected or any part thereof may be released to Truster.. Such application or release
shall .not cure or waive any Default or Notice of Default hereunder or invalidate any act done pursuant to such notice,
3. To appear in and defend, any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Truster:; and
to pay all costs and expenses, including cost of evidence of tiUo and attomey's fens In a reasonable sum, in any such action or proceeding in
which Beneficiary or Trustee may appear, or in any action or proceeding instituted by Beneficiary 'or Trustee to protect or -enforce die security
of this Deed of Trust or the obligations secured hereby:
4. To pay: at least Ian days before delinquency all taxes and assessments affecting said propeny,.including assessments on appurtenant wafer
stock; when due, all encumbrances, charges and liens, wlih interest, on said property or any part thereof; which appear to be prior -or superior
hereto; all costs, Fees and expenses of this Trust,
5, Should Truster fail to make any payments or to do any act as herein provided, then Beneficiary or Trustee, 6tit without obligation so to do and
without notice to or damartd upon Truster and without releasing Trusior from any obUgadon hereof,make or da the same in such manner
and to such extent .as eiUter may deem necessary to protect the security hereof, Beneficiary or Trustee be(ng authorized to enter upon said
property for such purposes; appear An and defend. any action or proceeding purporting to affect the security' hereof or the rights or powers of
Beneficlary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the Judgment of either nppears to be
prior or superior hereto; and, In exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees,
G. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with Interest from date of expenditure at the rate
• prescribed in the Note. Should any additional funds be advanced on any note secured by a trust deed now of record, or should any change be
made in the time or manner of paying.sucti note, or should any other actfott be taken by the undersigned with respect to such note whereby the
security herein provided for shall be impaired in any manner whatsoever, then the Nole secured hereby shall, at the option of the- lender,
Immediately become due and payable,
7. Any award of.damages or sums received in settlement in connection with any condomnatlon for public use of or any Injury to said property 'or
any part thereof from any cause, is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him
in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
Page 2 of 4
8. By accepting payment of any sum secured hereby 'after Its due date, Beneficiary does not waive his right either to require prompt payment when
due of all other sums so secured or'to declare default for failure so to pay.
Notwithstanding any provision herein or in the Note secured hereby -to the contrary, Beneficiary or Trustee shall have Ute absolute right to direct
the manner, order and amount in which payments shall be applied upon or allocated 'among the varlous items composing Truslor's indebtedness
secured hereby,
In the event of default In the payment of any of the moneys to be paid under the terms of the Note(s) secured hereby or in the performance of
any of the covenants• and obligations of this Deed of Trust, then any funds in file possession of the Beneficiary, or other credits to which the
Trustor would otherwise be entitled may, at the option of the Beneficiary, be applied to the payment of any obligation secured hereby in such order
as the Beneficiary may, In its sole discretion determine,
9. At any time or from time to time, without liability therefor and without notice upon written request of Beneficiary and presentation of ibis Deed of
said Note for endorsement, and without affecting the• personal 'liabilityof any person for payment of the indebtedness secured hereby, Trustee
may: reconvey any part of said property; consent to the making of any map or plat thereof, join In granting any easement thereon; or join In any
extension agreement crony agreement subordinating the lien or charge thereof, Trustee may, bur shall be under no obligation or duty to, appear
in or defend any action or prodeeding purporting to affect said property or the title thereto, or purporting to affect the security hereof or the rights
or powers of Beneficiary or Trustee,
1p. Upon written request of Beneficiary stating that ail sums secured hereby Have been paid, and upon surrender of this Deed and said Nott: to
Trustee for cancellation 'and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder,
The recitals In such reconveyanee ofany matters or facts shall be conclusive proof,.ofthe truthfulness thereof, The grantee in such reconveyanee
may be described as "the person or persons legally entitled thereto", The Trustee may destroy said Note, this Deed of Trust (and Any other
documents related thereto) upon the first to occur of the following; 5 years after issuance of full reconveyanee; or, recordation of the Note and
Deed of Trust in a form or medium which permits their reproduction for 5 years following issuance of a full reconveyanee,
11, As additional security, Trustor hereby gives to and confers upon BeneUeiary the right, power and authority, during the continuance of these Trusts,
from time to time, to Collect the rents, issues and profits of said property, reserving time Truster the right, prior to any default by truster in payment
of any indebtedness sedurcd hereby or in performance of any ,agreement hereunder, to collect and retain such rents, issues and profits as they
become due and payable. Upon any such default, Beneficiary may at any time and from time to time without notice, either in person or by agent,
or by a receiver 'to be appointed by a court, and without regard to the adequacy of any security for'the indebtedness hereby secured, enter upon
and take possession ofsaid property or any part thereof, in he is own name sue for or otherwise I collect such rents, Issues and profits, including
those past due and unpaid, and apply the same, less costs and expenses 'of operation and collection, including, reasonable attomey's fees, upon
any, indebtedness secured hereby, an In such order as Beneficiary may determine. The entering upon and taking possession of said property,
the Collection of such rents, issues and profits and die application thereof as aforesaid, shall not cure or waive any default or Notice of Default
hereunder or Invalidate any act done pursuant to sucli notice,
12, Upon default by truster in payment of any indebtedness secured hereby or in performance ofany agreement hereunder, Beneficiary may declare
all sums secured hereby immediately duo and payable by delivery to Trustee of written declaration of default and demand.' for sale and of written
Notice of pefatilt and of election to cause to be sold said property, which notice Trustee shall cause to fie filed for record, Trustee shall lie, entitled'
to rely upon the correcmess of such notice, Beneficiary also shall deposit with trustee this Deed, said. Note and all documents evidencing
expenditures secured hereby. `
After the lapse of such time as then -may be required by law fpllowing the recordation 'of said Notice of Default and Notice of Sale having been
given as then required by law, Trustee, .without demand 'on Trustor, shall sell said property at Ute time and place fixed by itinsaid Notice ofSate,
CJther as a whole or In separate parcels and in such' order as It May determine (but subject to any statutory right ofTrustor to direct the order In
which said property, if consisting of several lots or parcels, shall be sold), at public auction to the highest bidder for cash In lawful money of the
United States, payable at•Ume of safe, Trustee may postpone sale of all or any portion' (if said property by public announcement at such' time
and, place of sale, and•, from time to time, thereafter may postpone such salt: by public announcement at the time fixed by the preceding
postponcthent, Trustee shall deliver to such purchaser. Its deed conveying the propertyso sold, but without any 'covenant or warranty, expressed
or implied. The recitals In such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Anyperson including Trustor,
Trustee, or Beneficiary as hereinafter deflued, may purchase at spich sale, •
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost ofevidence of title in connection with sale, Trustee shall'
appIy the proceeds of sale to payment of: all sums expended under the terms. hereof, not then repaid, with accrued interest at the rate prescribed ,
in the Note; all other sums then secured thereby; and the remainder, if any, to the person or persons legally entitled (hereto.
13. This Deed applies to, Inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors
and assigns, The term Beneficiary shall mean the owner and holder, including pledgees, of the Note secured hereby, whether or not named as
Beneficiary herein. In this Deed, whenever the context so requires, the masculine. gender includes the feminine andfor neuter, and the singular
number includes the plural, As used herein', "fixtures" includes but is not limited to carpeting, built-in appliances, draperies and drapery rods,
shrubs, water tanks, plumbing, machinery, air conditioners, ducts, 'and the like.
14, Trustee accepts this Trust when this Deed, duly executed and. acknowledged, is made*a public' record. as provided by law, Trustee is not obligated.
to notify any party
'hereto of pending sale under any other deed of Trust or of any action or•pmceeding In.which Truster, Beneficiary orTrustee
shall be. a party unless brought' by Trustee.
15. Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by Instrument in writing, substitute a
Page
3 of 4
successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duty acknowledged
and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution
of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers
and duties.
Said instrument must contain the name oFthe originalTtvstor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded
and the name and address of the new Trustee.
If Notice of default shall have been recorded, this power ofsubstltuiion cannot be exercised until after the costs, fees and expenses of the then
acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument ofsubstitution. The procedure herein
provided for substitution of Trustees shall not be exclusive of other provisions for substitution provided by taw.
1G, Tmstor agrees to pay Beneficiary the maximum legal charge for a statement regarding the Trust Deed obligation herein.
17. Acceptance by Beneficiary of a partial payment on account, after Notice of Default has been recorded, sltall not be construed as curing the default
nor as a waiver of past. or future delinquencies of Trust Deed payment.
181 If the securityunder this Deed of Trust is a condominium or a community apartment or planned development project, Truster agrees to perform
each and every 'obligation of the owner of such condominium or interest In such Iproject under the declaration of covenants, conditions and
restrictions or bylaws or regulations 'pertaining to such condominium or project. Upon the request of Beneficiary, Trustor agrees to enforce against
other owners in such condominium or project each and every obligation to be performed by them, if the same have not been performed or if valid
legal steps have not been taken to enforce such performance within ninety (90) days after such request is made.
t9. If the security for this Deed of Trust Is a leasehold estate, Truster agrees not to amend, change or modify his leasehold Interest, or any of the
terms thereof, or agree to do so, without the written consent of Beneficiary being first obtained. In the event of a violation of this provision;
Beneficiary shalt have the right, at its option, to declare all sums secured hereby immediately "due and payable.
20. THE FOLLO\VING PROVISIONS MAX RESULT IN THE COMPOUNDING OF INTEREST ON YOUR LOAN: At the option of the Beneficiary;
it payment should be insufficient to pay the interest then due, the balance of interest remaining shall be added to principal and willbear interest
at the Note rate as the principal,
At the option of the Beneficiary, if any principal and/or interest installments, late charges, advances and/or costs• should be repaid through or by
any forbearance, bankruptcy plan or similar repayment plan, the total sum of these amounts willbear interest at the Note rate from the date due
or advanced until the date repaid.
21, [X ] MULTIPLELENDER LOANS: Pursuant to Civil Code Section 2941.9, this deed of wst is subJect to a signed agreement between all of
the beneficiaries to be governed by the beneficiaries holding more than 50% of the record beneficial interest
The undersignt:d Trustor(s), requests that a copy of any Notice of Default and any Notice of Sale hereunder be trailed
to him at his address hereinbefore set •forth.
Signature' of
CREEK z z , itLC
State of Caiifornfa nn-�
County of
On 1, . '� 1 "'� s bef
Signature of Trust6r
}
} ss,
}
L�orr
Notary Public, personally appeared:
personally known to me; ofproved, to me on the basis of satisfactory evidence; to be the persons) whose names) I5/ARE
subscribed to the within instrument, .and acknowledged to me that IiE/5HE/I'HEYexecuted the same in HIS/HER/THEIRautharized capacity(ies), and
that HI§lHE}3/T'IiEIR signatures) on the instrument the person or entity upon behalf of.which persons) acted, executed the instrument
WITNESS my hand and official seal.
Page 4 of 4
L_ # 136d86
EXHIBIT "t&
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CA.LIFORNIA, COUNTY OF
PLACER, UNINC000RATED ARRA., AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
PORTION OF THE SOUTHWEST QUARTER OP' SECTION 13, TOWNSHIP 17 114ORTH,4 RANGE 16
EAST, MDB&M, DESCRIBED AS FOLLOWS:
BEGIlVNIlNG AT A POINT kROM WHICH THE SOI;f THWEST CORNER. OF` SAID SECTION 13, BEARS
THE FOLLOWING TWO COURSES AND DISTANCES: (1) SOUTH 89 DEGREES 13-MI UM 374
SECONDS WEST 710.50 FM AND (2)'90UTH 44 DEGREES 44 NpNUM WEST 85.61 FEET;
THENCE FROM THE VOINT OF BEGINNING, NORTH 27 DEGREES 02 MINUTES 40 SECONDS
EAST 1146.95 FEET TO THE APPROXIMATE CENTERLINE OF TIDE EXISTING COUNTY ROAD
LEADING MOM.'1RUCKEE TO'BROCKWAY; THENCE ALONG SAID APPROXIMATE CENTERLINE,
SOUTH 58 DEGREES 30 MINUTES 40 SECONDS FAST'690.00 FEET THENCE LEAVING THE .
KOAD, SOUTH 15 DEGRF,>;S 01 MI]'"YM WEST 671.42 FEET; THENCE SOUTIi 89 DEGREES
13 MINUTES 37 SECONDS WEST 936.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO FRANK STRLLA SR:, ET UX, IN TIM
DEED RECORDED OCTOBER ZZ, 1902 IN BOOK 938, OFFILIML RECORDS PAGE 275.
ALSO EXCEPTING THEREFROM,THAT PORTIONTHEREOF WHICH LIES llV THE COUNTY OF
NEVADA, STATE OF CALIFOIA.
PA$CEL TWO:.
PORTION of THE SOUTHWEST QUARTER OM SECTION i3, TOWNSHIP 17 NORTH, AGE 16
EAST, MDB&M,'DESCRIBED AS POLLOWS:
BEGINNING AT A POINT FROM WHIC%I THE SOUTHWEST` CORNER OF SAID SECTION 13, BEARS
SOUTH 44 I?EGREES 4414IINiJTES WEST 85,6i FEET: THENCE.FROM THE POINT OF '
BEGING, NORM DEGREES'18 AHNUPAS 37.SECONDS EA
NINST.1646v50 FEET; THENCE
30UTH 15 DEGREES 01 MINUTPS'WEST 62.35, MORE OR LESS, TO THE SOUrHEItLY
BOUNDARY OF SECTION 134.4 THENCE ALONG THE SOUTHERLY BOUNDARY OF SECTION 13 IN
A WESTERLY DIRECTION, 1690.60 FEET TO.TTW SOVFHWEST. CORNER OF SECTION 134
no CEO ALONG THE WESTERLY BOUNDARY OF SECTION 13, I'N A NORTHERLY DIRECTION,
1879� FEET TO THE APPROXIMATE CENTERLINE OF THE EXISTING COUNTY ROAD LEADING
FROM TRUCKEE TO BROCk WAY; THENCE LEAVING THE SECTION LINE, ALONG.TIM ` .
APPROXIMATE CENTERLME OF THE ROAD SOUTH 58 DEGREES 30 M>1f�i1YM 40 SECONDS
EAST 70.21yEET, MORE OR LESS TO A POINT WHICH BEARS NORTH 0 DEGREES 11
MINUTES 55 SECONDS EAST FROMPTHE POINT OF BEGINNING;, THENCE SOUTH 0, DEGREES
11 TVIINUTES 55 SECONDS WEST.1781495 FEET TO THE POINT OF BEGINNING.
BEING A,S'TRIP.OP LAND 60 FEET IN WIDTH LYINGIPARALLEL'WTI'Ji AIVI) ADJACENT TO THE
SOUTHERLY AND WESTERLY BOUNDARIES OF'SAID SECTION 130 -
ALSO EXCEPTING' THEREFROM THAT PORTION THEREOF WHICH LIE6 IN'THE COUNTY OF
NEVADA, STATE OF CALIFORNIA. - - .
LEGAL DESCRIPT'[ON continued
PARCEL THREE:
'THAT PORTION OF THE SOUTHWEST QUARTER OF -SECTION 13, TOWNSHIP 17 NORTH, RANGE
16 EAST, MDB&M, DESCRIBED AS FOaOWS:
BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 13 BEARS
THE FOLLOWING 3 COURSES AND DISTANCES; (1) SOUTH 27 DEGREES 02 MINUTES 40
SECONDS WEST 265 FEET; (2) SOUTH 89 DEGREES 13 MDR TlBS;37 SECONDS WEST 710.50
FEET, AND (3)-SOUTH 44.DEGREES 44 MDRJTE$ WEST 85.61 FEET; •THENCE NORTH 27
DEGREES 02 MINUTES 40 SECONDS EAST-881.95 FEET TO THE APPROXIMATE CENTER LINE
OF THE EXISTING COUNTY ROAD LEADING FROM TRUCKEE TO BROCKWAY; THENCE ALONG.
SAID APPROXIMATE CENTER LINE SOUTH 58 DEGREES 30 MINUTES 4D SECONDS EAST 690
FEET; THENCE LEAVING SAID CENTER LINE, SOUTH 15 DEGREES 01 MINUTES WEST 671,42
FEET; THENCE SOUTH 89 DEGREES 13 MINUTES 37 SECONDS WEST, 671 FEET; THENCE NORTH
0 DEGREES 46 MINUTES 23 SECONDS WEST 160 FEET, MORE OR LESS, 'I O• A LINE DRAWN
SOUTH 62 DEGREES 57 MINUTES 20 SECONDS EAST FROM THE POINT OF MGMNING;
THENCE NORTH 62 DEGREES 57 MINUTES 20 SECONDS WEST 160.0 FEET, MORE OR LESS TO
THE POINT OF BEGINNING:
EXCEPTIlVG THEREFROM THAT PORTION THEREOF WHICH LIES IN THE COUNTY OF NEVADA,
STATE OF CALIFORNIA
•;Q�'N,080-270-003,080-270-016 AND OSO-270-017
.a ,
BRAND0N. HQGHES, AN" 'flMRRTED MAN, as -to' ano undivi.cled*. 65,040550.41%
aACK A. .GREER AND SANDRA'L. GREER, HUSBAND AND WIVE AS JOINT TENANTS.,
as*. to an undivided 7.3170731.7% inter(�st.
L'AI�ICE G t MOORE AND* CHARLES. C . MOORE, HUSBAND AND WIFE AS JOINT
TENANTS, . as `t6 an undivided 8 ,13 00813 0% interest.,
REID MAYNA,RD AND ELENA"MAYNARD,, .HUSBAND AND WI) h AS U0114T TENANTS, as
to an undivided 1.6.o2601.6260� interest;
WESTAMEfi7CA SANK:, CUSTODIAN :FHO JAMES to CONGER, IR I � as to an
tiin iya'gded 3.25203252% interest.
From: Barbara Brenner <Barbara@churchwellwhite.com>
Sent: Wednesday, May 13, 2015 4:37 PM
To: Neil Kaufman
Subject: RE; Pinyon 2 project
Mr. Kaufman -
Mimi is not aware of any other information to be provided relevant to the old development agreement deposit. The
District and Ms. Ash have entered into a new development agreement that applies to Pinyon Creek 2 and that
agreement only requires an $8,000 deposit for the construction costs set out in the agreement. A portion of that
deposit has already been paid.
The prior development agreement required such a large deposit because of the phasing of the project. The current
development agreement has no such requirement. As the successor to the property and entitlements, Ms. Ash is
entitled to the deposit money that could have been used by the District to construct the water distribution system. Ms.
Ash has agreed to construct the facilities per the Districts requirements.
Please let me know what other information you are seeking at this time.
Thank you,
Barbara
From: Neil Kaufman [mailto:neilkaufman@tdpud.org]
Sent: Wednesday, May 13, 2015 12:27 PM
To: Barbara Brenner
Subject: RE: Pinyon 2 project
Ms. Brenner,
I am currently awaiting additional information from Ms. Ash, so I can present a complete paci<age of information for the
District's legal counsel to review.
In addition, as outlined in the original development agreement (of which Ms. Ash claims to be the successor), the
deposit is intended to ensure completion ofthe Phase 2 water distribution system. The deposit would not be refunded
until the Phase 2 water distribution system is completed and unconditionally accepted by the District.
Neil Kaufman
From: Barbara Brenner [mailto:Barbara@churchweliwhite.com]
Sent: Wednesday, May 13, 2015 12:03 PM
To: Neil Kaufman
Subject: Pinyon 2 project
Hi Neil-
1
V
My client Mimi Ash has asked me to reach out to you to determine the status of the deposit on the Pinyon CreeK 2
project that she requested. My understanding is your legal counsel was going to review the letter and proof that she is
the successor to the prior landowner in order to get the deposit back. Please let me know if there is anything else
needed at this time. Ms. Ash would like the return of the deposit money as soon as practical.
Could also get the name and contact information for the Districts legal counsel in the event it is more efficient for me to
contact him or her?
Than I< you,
Barbara
Barbara A. Brenner � Partner
916.468.0625 1 barbai'a,@Ch11Peliwe11w111te.conL
Churchwell White LLP
1414 K Street, 31" Floor, Sacramento, CA 95814
M 916.995673141 T 916A68.0950
churchwellwhite.com
2
May 14, 2015
Ms, Barbara Brenner
Churchwell White LLP
1414 K Street, Yd Floor
Sacramento, California 95814
Dear Ms, Brenner:
Directors
Joseph R. Aguera
Jeff Bender
Bob Ellis
Tony Laliotis
Paul Warmerdam
General Manager
Michael D. Holley
This letter is written in response to your e-mails of May 13, 2015, It is the District's position that there
are a few issues that require further clarification:
1, On Monday of this week, Ms. Ash delivered a letter dated May 5, 2015 and an attached Deed of
Trust to the District. She also stated verbally that she would produce a letter from another party
reinforcing her position as the successor to the prior agreement, The District is currently awaiting
this second letter,
2, Ms. Ash has not entered into a development agreement at this time. A draft development
agreement has been prepared. However, as of May 14, 20 15 , that document has not been signed
by either Ms, Ash or the District's General Manager,
3. As you correctly noted, a portion of the $8,000 deposit has been paid, the remainder is still
outstanding, Payment of the outstanding balance will be necessary before the development
agreement is signed by the District.
4. A signed development agreement together withthe $8,000 deposit and the approved plans would
constitute Ms, Ash's intent to construct the water system facilities. However, there is no
guarantee that Ms. Ash will actually complete the project. Within the District's service area there
have been a number projects undertaken by developers (including Ms. Ash) where a development
agreement was signed but the project never reached completion, or was not completed by the
original developer, The previous developer of Pinyon Creels 2 also had every intention of
completing the water system improvements but they were never constructed.
5. If Ms, Ash intends to fully complete the water system originally covered by the original
agreement and thus obtain the $39,000 deposit, your attention is refexxed to the third paragraph
of the District's letter addressed to Bryan McAllister dated August 18, 2004, This letter is
considered part of the original development agreement and was provided to Ms. Ash as an
attachment to the District's letter to her attention dated April 14, 2015, The third paragraph
reads:
'I'i570 Donner Pass Road, Truckee, CA 96'161 -Phone 530-587-3896 - www.tdpud.org
"The modifications described in items 14 are predicated upon looping of an 6-inch pipeline
through Pinyon Creep Phase 2 (the Placer County portion) with a connection to the adjacent
Coyote Run project,"
The current project plans which have been reviewed by the District but not formally approved,
do not include the connection to the adjoining Coyote Run. project, This piping connection needs
to be added to the plans in order to fulfill the requirements of the original development agreement.
In conclusion, it is hoped that Ms, Ash will be able to complete a successful project. However, the
$39,000 deposit from the original development agreement will not be refunded until the Phase 2 water
disti7bution system is constructed in full and unconditionally accepted by the District,
Sincerely,
Neil Kaufinan, P.E.
Water System Engineer
1157a Donner Pass Road, Truckee, CA 96161 --Phone 530�587-3896 — vuww.tdpud.org