HomeMy WebLinkAboutPublic Comment Mimi Ash Denial of ClaimChurchwell White LAP churchwellwhite.com
1414 K Street, 3`d Floor
Sacramento, CA 95814
T 916.468,0950 1 F 916.468.0951
Barbara A. Brenner
T 916.468.0625
barbara@churchwellwhite.com
July 15, 2015
VIA E-MAIL & US MAIL
Klaus J. Kolb
13260 Lincoln Way, Suite 380
Auburn, CA 95603
Re: Water Development Agreement for Pinyon Creek II
Placer County APNs 080-270-003, 080-270-016, and 080-20-017
Dear Mr. Kolb:
I represent Mimi Ash and The Metro Group, Inc. (collectively, "The Metro Group"), in matters
regarding Placer County APNs 080-270-003, 080-270-016, and 080-20-017 as well as the related
development known as Pinyon Creek Phase II located in Placer County, California. It has come
to my attention that you represent Mark Steiner regarding the On -Site Water Development
Agreement regarding Pinyon Creek I ("Water Development Agreement"), Shire Investments,
LLC and Pinyon Creek, LLC. The Truckee Donner Public Utility District ("District") recently
sent both our clients notices regarding the refund of $39,000 that was paid as a deposit for the
Water Development Agreement.
The Metro Group is the successor in interest to the Water Development Agreement and therefore
entitled to the refund of the deposit under that Agreement once the project is completed. The
Metro Group came into possession of this interest following the foreclosure on a Deed of Trust
between Pinyon Creek II, LLC and River City Financial Servicing, Inc. that was issued on
December 23, 2005 ("Deed"). The Metro Group's interest is a fee simple, entitling The Metro
Group to all interests in the land.
Further, the Deed states that the interests under it "applies to, inures to the benefit of, and binds
all parties [t]hereto, their heirs, legatees, devisees, administrators, executors, successors, and
assigns." Additionally, the Deed provides that the Trustee, Pinyon Creek II LLC, has the right
"to collect the rents, issues, and profits of said property." Therefore, as the successor in interest
to the Deed, The Metro Group is entitled to the refund of the $39,000 deposit once the conditions
of the Agreement have been satisfied.
The Water Development Agreement provides that "the [Water Development] Agreement shall be
binding upon and inure to the benefit of the successors and assigns of all parties." The Metro
Klaus J. Kolb
July 15, 2015
Page 2 of 2
Group is the successor to the Agreement. My client has incurred significant additional costs and
taken specific steps to insure compliance with the Agreement.
Finally, the District has made it clear the Pinyon Creek Phase II project is subject to the
Agreement and other commitments previously made. Consistent with the Subdivision Map Act
(Gov't. Code §§ 66452, et seq.) all entitlements were extended and the project was never
cancelled as alleged. Your client has relinquished all rights and interests to the property
including the Agreement and all other entitlements.
If you have any questions or if I can provide any additional information, I may be contacted at
(916) 468-0625 or barbara@churchwellwhite.com.
Best regards,
;rb
v 1 Whit P
A. ier
BAB/mf
cc, Neil Kaufman, P.E., Truckee Donner Public Utility District
Joe Aguera, Board Member, Truckee Donner Public Utility District
Jeff Bender, Board Member, Truckee Donner Public Utility District
Bob Ellis, Board Member, Truckee Donner Public Utility District
Tony Laliotis, Board Member, Truckee Donner Public Utility District
Paul Warmerdam, Board Member, Truckee Donner Public Utility District
Mimi Ash