USACM Liquidating Trust v. Placer County Land Speculators, LLC et al

Filing 927

ORDER Granting 912 Motion for Authority to Make Irrevocable Offers of Dedication of 75.4 Acres to the County of Placer. Signed by Judge Kent J. Dawson on 3/7/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

PAUL J. PASCUZZI, CA State Bar No. 148810
FELDERSTEIN FITZGERALD
WILLOUGHBY & PASCUZZI LLP
400 Capitol Mall, Suite 1750
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Elli M. A. Mills, J.D., MBA, Receiver

6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

In re

Civil Action No. 2:08-cv-01276-KJD-RJJ

11

RECEIVERSHIP OF PLACER COUNTY
LAND SPECULATORS, LLC
Date:
Time:
Judge:

12
13

February 28, 2017
2:00 p.m.
Hon. Kent J. Dawson

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

14
15
16
17

Upon consideration of the Verified Motion of Receiver for Order Authorizing Receiver to

18

Make Irrevocable Offers of Dedication of 75.4 Acres of Receivership Property to the County of

19

Placer and Grant Related Temporary Construction License for Development Rights [Docket No.

20

912] (the “Motion”), after a hearing on due notice under the circumstances, the Court having

21

considered the Motion and arguments, finding that notice of the Motion is appropriate under the

22

circumstances, no opposition having been presented, and good cause appearing,

23

IT IS ORDERED that:

24

1.

The Motion is granted;

25

2.

The Receiver is authorized to make irrevocable Offers of Dedication of 75.4 acres

26

of Receivership property to the County of Placer as substantially set forth in attached Exhibits A

27

& B;

28

3.

The Receiver is authorized to grant the Temporary Construction License to the
-1-

ORDER AUTHORIZING RECEIVER
TO MAKE DEDICATIONS AND
GRANT TEMPORARY LICENSE

1
2

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

3

necessary to effectuate the terms of this order on behalf of the receivership estate, including

4

executing any and all documents.

5

March 7
Dated: __________________, 2017.

6
7

________________________________
United States District Judge
District of Nevada

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

ORDER AUTHORIZING RECEIVER
TO MAKE DEDICATIONS AND
GRANT TEMPORARY LICENSE

EXHIBIT A

Project Name:
Placer Vineyards
Recording requested by and Return to:
CDRA - Engineering and Surveying Division
3091 County Center Drive
Auburn, CA 95603-2614
Phone: [phone]
Attention:

THIS SPACE IS RESERVED
FOR THE RECORDER’S USE

Exempt from Recording Fees – Govt Code 27383

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. 2:08cv-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 16th 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.

1

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 16th 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
By:

Date:
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.

By:

Date:

Print Name and Title
See following page(s) for Acknowledgement(s)

2

ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER

A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.

 INDIVIDUAL(S) SIGNING FOR ONESELF/THEMSELVES
 CORPORATE OFFICER(S)

State of ________________

TITLE(S)

County of ______________

On ________ before me,
COMPANY
____________________________________________________(name, title),
personally appeared _____________________________________________
 PARTNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
PARTNERSHIP
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
 ATTORNEY-IN-FACT
behalf of which the person(s) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.

PRINCIPAL(S)

 TRUSTEE(S)

WITNESS my hand and official seal.
TRUST

 OTHER
TITLE(S)

(Seal)

Signature

ENTITY(IES) REPRESENTATIVE

CONSENT TO RECORDATION:
The County of Placer hereby consents to the recordation of the Offer of Dedication attached hereto. The County does not
accept said offer at this time, but reserves the right to do so in the future, pursuant to Government Code Section 7050
and pursuant to authority conferred by Ordinance 5152-B.
DATE

SIGN NAME

PRINT NAME AND TITLE

3

18156.MR0
07/22/2016
RMP

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.

Page 1 of 4

18156.MR0
07/22/2016
RMP

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,
Page 2 of 4

18156.MR0
07/22/2016
RMP

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
Date: _______________

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

Page 3 of 4

18156.IOD
RMP
07/22/2016

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. 20140014811, 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 angle of
12°33'45";
Thence South 89°47'48" West, 1,371.13 feet to the east boundary of that property described in the Book
3289, at Page 440, of the Official Records of Placer County;
Thence, along the east boundary of that property described in said Book 3289, at Page 440,
North 00°33'13" West, 36.00 feet to the northeast corner thereof;
Thence, along the north line of said Parcel One, North 89°47'48" East, 1,646.93 feet;
Thence South 77°38'27" East, 248.52 feet;
Thence, 212.26 feet along the arc of a 964.00-foot radius tangent curve left, through a central angle of
12°36'56";
Thence North 89°44'37" East, 69.33 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 North 00°54'27" West, 14.80 feet;

Page 1 of 6

18156.IOD
RMP
07/22/2016

Thence North 89°05'33" East, 50.00 feet;
Thence South 00°54'27" East, 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 North 89°44'37" East, 221.77 feet;
Thence South 84°46'56" East, 120.55 feet;
Thence North 89°44'37" East, 2,233.59 feet to the POINT OF BEGINNING.
Containing 7.20 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 east boundary of said Parcel Two described in Document No. 20140014811, being the east line of said Southwest Quarter from which the northeast corner thereof bears
North 00°50'18" West, 149.00 feet, said point 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 twelve consecutive courses:
1. South 89°44'37" West, 2,574.01 feet,
2. 79.11 feet along the arc of a 50.00-foot radius tangent curve left, through a central
angle of 90°39'05",
3. South 00°54'27" East, 14.80 feet,
4. South 89°05'33" West, 50.00 feet
5. North 00°54'27" West, 5.00 feet,
6. 77.97 feet along the arc of a 50.00-foot radius tangent curve left, through a central
angle of 89°20'55",
7. South 89°44'47" West, 71.42 feet,
8. 157.49 feet along the arc of a 1,047.50-foot radius tangent curve right, through a
central angle of 08°36'52";
9. North 73°29'21" West, 123.58 feet,
10. North 77°38'27" West, 249.84 feet,
11. 211.37 feet along the arc of a 964.00-foot radius tangent curve left, through a central
angle of 12°33'45", and
12. South 89°47'48" West, 1,371.13 feet to the east boundary of that property described in
the Book 3289, at Page 440, of the Official Records of Placer County;
Thence, along the east boundary, South 00°33'13" East, 35.00 feet;
Thence North 89°47'48" East, 1,370.91 feet;
Thence, 203.69 feet along the arc of a 929.00-foot radius tangent curve right, through a central angle of
12°33'45";
Thence South 77°38'27" East, 300.00 feet;

Page 2 of 6

18156.IOD
RMP
07/22/2016

Thence, 235.82 feet along the arc of a 1,071.00-foot radius tangent curve left, through a central angle of
12°36'56";
Thence North 89°44'37" East, 81.03 feet;
Thence South 45°34'50" East, 37.11 feet;
Thence South 00°54'27" East, 20.00 feet;
Thence North 89°05'33" East, 78.00 feet;
Thence North 00°54'27" West, 29.80 feet;
Thence North 44°25'05" East, 21.67 feet;
Thence North 89°44'37" East, 2,595.13 feet;
Thence North 00°50'18" West, 35.00 feet to the POINT OF BEGINNING.
Containing 3.847 acres, more or less.
TOGETHER WITH:
“MULTIPURPOSE EASEMENT 2”
A Multipurpose Easement of varying width, the southerly line of which is coincident with the northerly
line of the herein described Highway Easement, said Multipurpose Easement being more particularly
described as follows:
BEGINNING AT A POINT on the east boundary of said Parcel Two described in Document No. 20140014811, being a point on the east line of said Southwest Quarter from which the northeast corner thereof
bears North 00°50'18" West, 77.00 feet, said point being on the northerly line of herein described
Highway Easement;
Thence, from said POINT OF BEGINNING, along the northerly line of herein described Highway
Easement the following eleven consecutive courses:
1. South 89°44'37" West, 2,233.59 feet,
2. North 84°46'56" West, 120.55 feet,
3. South 89°44'37" West, 221.77 feet,
4. 77.97 feet along the arc of a 50.00-foot radius tangent curve right, through a central angle of
89°20'55",
5. North 00°54'27" West, 5.00 feet,
6. South 89°05'33" West, 50.00 feet,
7. South 00°54'27" East, 14.80 feet,
8. 79.11 feet along the arc of a 50.00-foot radius tangent curve right, through a central angle of
90°39'05",
9. South 89°44'37" West, 69.33 feet,
10. 212.26 feet along the arc of a 964.00-foot radius tangent curve right, through a central angle
of 12°36'56", and
11. North 77°38'27" West, 248.52 feet to a point on the north boundary of said Parcel One;
Thence, along the north boundary of said Parcel One, North 89°47'48" East, 160.92 feet;
Thence South 77°38'27" East, 91.46 feet;
Thence, 204.55 feet along the arc of a 929.00-foot radius tangent curve left, through a central angle of
12°36'56";

Page 3 of 6

18156.IOD
RMP
07/22/2016

Thence North 89°44'37" East, 90.10 feet;
Thence North 44°25'05" East, 21.67 feet;
Thence North 00°54'27" West, 26.63 feet to the north boundary of said Parcel One;
Thence, along the north boundary of said Parcel One, North 89°47'48" East, 39.00 feet to the northwest
corner of said Parcel One and said Southwest Quarter of said Section 11;
Thence, along the north boundary of said Parcel One and said Southwest Quarter, North 89°44'37" East,
39.00 feet;
Thence South 00°54'27" East, 15.91 feet;
Thence South 45°34'55" East, 37.11 feet;
Thence North 89°44'37" East, 2,584.62 feet to the east boundary of said Parcel Two and said Southwest
Quarter;
Thence, along the east boundary of said Parcel Two and said Southeast Quarter, South 00°50'18" East,
35.00 feet to the POINT OF BEGINNING.
Containing 2.448 acres, 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, Placer County Records. All distances given are
ground distances.
See “See Pages 5 & 6”, plats 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
Date: _______________

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-9-2.doc

Page 4 of 6

18156.MR0
07/22/2016
RMP

EXHIBIT “C”
IOD – 16TH STREET – 16-9
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 as 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 west boundary of said Parcel One described by Document No.20140014811, O.R.P.C. being the west line of the Southwest Quarter of said Section 10, from which
the Northwest corner of said Parcel One and Southwest Quarter bears North 00°13'12" West,
1,064.28 feet;
Thence, from said POINT OF BEGINNING, 116.05 feet along the arc of a 1,042.50-foot
radius non-tangent curve right having a radius point bearing South 73°48'12" East, through a
central angle of 06°22'42";
Thence North 22°34'30" East, 300.00 feet;
Thence, 386.56 feet along the arc of a 957.50-foot radius tangent curve left, through a central
angle of 23°07'53";
Thence North 00°55'48" East, 199.96 feet;
Thence North 89°21'13" East, 37.00 feet;
Thence North 89°21'13" East, 48.50 feet;
Thence South 00°38'47" East, 198.39 feet;
Thence, 19.16 feet along the arc of a 1,048.50-foot radius tangent curve right, through a central
angle of 01°02'49";
Thence South 06°34'23" West, 125.53 feet;
Thence, 278.36 feet along the arc of a 1,042.50-foot radius non-tangent curve right having a
radius point bearing North 82°43'26" West, through a central angle of 15°17'56";
Thence South 22°34'30" West, 300.00 feet;
Thence, 380.94 feet along the arc of a 957.50-foot radius tangent curve left, through a central
angle of 22°47'41";
Thence South 00°13'12" East, 551.21 feet to a point on the southerly boundary of said Parcel
One, being the County Line common to Placer County and Sacramento County;
Thence, along said southerly boundary and County Line, North 85°26'38" West, 42.65 feet to a
point on the west boundary of said Parcel One and west line of said Section 10;
Thence, along said west boundary, North 00°13'12" West, 842.29 feet to the POINT OF
BEGINNING. Containing 2.906 acres, more or less.

Page 1 of 4

18156.MR0
07/22/2016
RMP

TOGETHER WITH:
“MULTIPURPOSE EASEMENT 1”
A Multipurpose Easement of varying width, the easterly line of which is coincident with the
westerly 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 described by Document No. 20140014811, O.R.P.C. being the west line of the Southwest Quarter of said Section 10, from which
the Northwest corner of said Parcel One and the Southwest Quarter of said Section 10 bears
North 00°13'12" West, 1,064.28 feet;
Thence, from said POINT OF BEGINNING, along the westerly line of the herein described
Highway Easement the following four consecutive courses:
1. 116.05 feet along the arc of a 1,042.50-foot radius non-tangent curve right having a
radius point bearing South 73°48'12" East, through a central angle of 06°22'42",
2. North 22°34'30" East, 300.00 feet,
3. 386.56 feet along the arc of a 957.50-foot radius tangent curve left, through a central
angle of 23°07'53", and
4. North 00°55'48" East, 199.96 feet;
Thence South 89°21'13" West, 40.50 feet;
Thence South 00°38'47" East, 198.39 feet;
Thence, 373.88 feet along the arc of a 922.50-foot radius tangent curve right, through a central
angle of 23°13'17";
Thence South 22°34'30" West, 300.00 feet;
Thence, 17.52 feet along the arc of a 1,077.50-foot radius tangent curve left, through a central
angle of 00°55'53" to a point on the west boundary of said Parcel One;
Thence, along said west boundary, South 00°13'12" East, 106.63 feet to the POINT OF
BEGINNING.
Containing 33,582 square feet, more or less.
ALSO TOGETHER WITH:
“MULTIPURPOSE EASEMENT 2”
A Multipurpose Easement of varying width, the westerly line of which is coincident with the
easterly line of the herein described Highway Easement, said Multipurpose Easement being more
particularly described as follows:
Beginning at a point on the southerly boundary of said Parcel One described by Document No.
2014-0014811, O.R.P.C. being also the west line of the Southwest Quarter of said Section
10County Line common to Placer County and Sacramento County, from which the intersection
of said County Line with the west line of the Southwest Quarter of said Section 10 bears North
85°26'38" West, 42.65 feet; thence, from said POINT OF BEGINNING, along the easterly line
of herein described Highway Easement, the following seven consecutive courses:
Page 2 of 4

18156.MR0
07/22/2016
RMP

1. North 00°13'12" West, 551.21 feet,
2. 380.94 feet along the arc of a 957.50-foot radius tangent curve right, through a central
angle of 22°47'41",
3. North 22°34'30" East, 300.00 feet,
4. 278.36 feet along the arc of a 1,042.50-foot radius tangent curve left, through a central
angle of 15°17'56",
5. North 06°34'23" East, 125.53 feet,
6. 19.16 feet along the arc of a 1,048.50-foot radius non-tangent curve left having a radius
point bearing North 89°35'58" West, through a central angle of 01°02'49", and
7. North 00°38'47" West, 198.39 feet;
Thence North 89°21'13" East, 29.00 feet;
Thence South 00°38'47" East, 198.39 feet;
Thence, 436.70 feet along the arc of a 1,077.50-foot radius tangent curve right, through a central
angle of 23°13'17";
Thence South 22°34'30" West, 300.00 feet;
Thence, 367.01 feet along the arc of a 922.50-foot radius tangent curve left, through a central
angle of 22°47'41";
Thence South 00°13'12" East, 554.13 feet to a point on said County Line;
Thence, along said County Line, North 85°26'38" West, 35.12 feet to the POINT OF
BEGINNING. Containing 1.455 acres, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\major roads\16th\16-9
Page 3 of 4

EXHIBIT B

Project Name:
Placer Vineyards
Recording requested by and Return to:
CDRA - Engineering and Surveying Division
3091 County Center Drive
Auburn, CA 95603-2614
Phone: [phone]
Attention:

THIS SPACE IS RESERVED
FOR THE RECORDER’S USE

Exempt from Recording Fees – Govt Code 27383

COUNTY OF PLACER

OFFER OF DEDICATION IN FEE
For valuable consideration, receipt of which is hereby acknowledged,
RECEIVERSHIP UNDER UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, CASE NO. 2:08cv-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, the fee interest of certain real property in the County of Placer, State of California. The real
properties described below are dedicated in fee for the following public purpose:
OPEN SPACE AND DRAINAGE
The real properties referred to above are situated in the County of Placer, State of California and
are more particularly described as follows:
See Exhibit “A” (OS-9-1 OPEN SPACE - Legal Description and Map) attached hereto and
incorporated herein by reference;
See Exhibit “B” (OS-9-2 OPEN SPACE - Legal Description and Map) attached hereto and
incorporated herein by reference;
See Exhibit “C” (OS-9-3 OPEN SPACE - Legal Description and Map) attached hereto and
incorporated herein by reference;
See Exhibit “D” (OS-9-4 OPEN SPACE - Legal Description and Map) attached hereto and
incorporated herein by reference;
See Exhibit “E” (OS-9-5 OPEN SPACE - Legal Description and Map) attached hereto and
incorporated herein by reference; and
See Exhibit “F” (OS-9-6 OPEN SPACE - Legal Description and Map) attached hereto and
incorporated herein by reference.
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 of the County of Placer. Upon acceptance, this offer of dedication shall convey fee
interest to the County of Placer as to the property(ies) or portion accepted thereby.

1

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 parcels of
land or any improvements thereon or therein, until such offer has been accepted by appropriate action 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
By:

Date:
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.

By:

Date:

Print Name and Title

Attach Notary Acknowledgment(s) for signer(s)

2

ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER

A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.

 INDIVIDUAL(S) SIGNING FOR ONESELF/THEMSELVES
 CORPORATE OFFICER(S)

State of California

TITLE(S)

County of ______________

On ________ before me,
COMPANY
____________________________________________________(name, title),
personally appeared _____________________________________________
 PARTNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
PARTNERSHIP
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
 ATTORNEY-IN-FACT
behalf of which the person(s) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.

PRINCIPAL(S)

 TRUSTEE(S)

WITNESS my hand and official seal.
TRUST

 OTHER
TITLE(S)

(Seal)

Signature

ENTITY(IES) REPRESENTATIVE

CONSENT TO RECORDATION:
The County of Placer hereby consents to the recordation of the Offer of Dedication attached hereto. The County does not
accept said offer at this time, but reserves the right to do so in the future, pursuant to Government Code Section 7050
and pursuant to authority conferred by Ordinance 5152-B.
DATE

SIGN NAME

PRINT NAME AND TITLE

3

18156.IOD
07/22/2016
RMP

EXHIBIT “A”
DESCRIPTION OF OS-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:
Commencing at the southwest corner of said Section 10, thence coincident with south line of said Section
10 North 89°03’48” East a distance of 1344.40 feet; thence departing the south line of said Section 10,
North 00°13’07” West a distance of 626.00 feet to the True Point of Beginning; thence from the TRUE
POINT OF BEGINNING, North 85°26'38" West a distance of 1271.22 feet; thence North 00°13'12"
West a distance of 554.13 feet; thence 330.92 feet along the arc of a tangent 922.50 foot radius curve to
the right through a central angle of 20°33'12"; thence North 89°47'33" East a distance of 1208.11 feet;
thence South 00°13'07" East a distance of 486.82 feet; thence from a radial line which bears North
01°48'37" West, 162.69 feet along the arc of a non-tangent 1000.00 foot radius curve to the left through a
central angle of 09°19'16"; thence South 78°52'07" West a distance of 758.43 feet; thence 86.03 feet
along the arc of a tangent 30.00 foot radius curve to the left through a central angle of 164°18'44"; thence
South 85°26'38" East a distance of 906.22 feet; thence South 00°13'07" East a distance of 200.70 feet; to
the True Point of Beginning.
Containing 23.084 acres of land 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, Official records of Placer County. All distances
given are ground distances.
See “Page 2 of 2”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\open space\OS-9-1

Page 1 of 2

S9

S10

PLACER 1
OWNERS RECEIVERSHIP
PARCEL ONE(PORTION)
2014-0014811, O.R.P.C.
AS SHOWN ON ROS NO. 2843,
19 ROS 47, P.C.R.

OS-9-1

PLACER COUN
TY
SACRAMENTO
COUNTY

T.P.O.B.

P.O.C.
S9

S10

S16

S15

18156.IOD
07/22/2016
RMP

EXHIBIT “B”
DESCRIPTION OF OS-9-2
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:
Commencing at the northeast corner of the Southeast One-Quarter of said Section 10 also being the
northeast corner of said Parcel One; thence coincident with the north line of the Southeast One Quarter of
said Section 10 and the north line of said Parcel One, South 89°47'48" West a distance of 1373.12 feet;
thence departing from said north line, South 00°12'12" East a distance of 71.00 feet to the True Point of
Beginning; thence from the TRUE POINT OF BEGINNING, South 11°56'00" West a distance of
814.47 feet to a point of curvature; thence 345.99 feet along the arc of a tangent 300.00 foot radius curve
to the right through a central angle of 66°04'47"; thence South 78°00'47" West a distance of 470.25 feet to
the west line of said Parcel One; thence coincident with the west line of said Parcel One, North 00°33'13"
West a distance of 654.01 feet; thence departing from said west line, North 68°54'35" East a distance of
173.54 feet; thence 96.02 feet along the arc of a tangent 100.00 foot radius curve to the left through a
central angle of 55°00'50"; thence North 13°53'45" East a distance of 348.47 feet; thence North 89°47'48"
East a distance of 559.25 feet to the point of beginning.
Containing 15.600 acres of land, 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, Official records of Placer County. All distances
given are ground distances.
See Exhibit “B-1”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\open space\OS-9-2

Page 1 of 2

LEGEND
R.S.

SECTION CORNER
1/4 SECTION CORNER
RECORD OF SURVEY

P.C.R.
O.R.P.C.
T.P.O.B.

PLACER COUNTY RECORDS
OFFICIAL RECORDS PLACER COUNTY
POINT OF BEGINNING

DYER LANE

P.O.C.

(TIE)10
S89°47'48"W 1373.12'
(TIE)
S00°12'12"E 71.00'

T.P.O.B.

TANWOOD ROAD

OS-9-2

11

PLACER 1
OWNERS RECEIVERSHIP
PARCEL ONE (PORTION)
2014-0014811, O.R.P.C.
AS SHOWN ON R.S. NO. 2843,
19 RS 47, P.C.R.

10
15

IF A DISCREPANCY EXISTS BETWEEN THIS
EXHIBIT AND THE ASSOCIATED DESCRIPTION,
THE DESCRIPTION HOLDS. THIS EXHIBIT IS
FOR GRAPHIC PURPOSES ONLY.

11
14

1552 Eureka Road, Suite 100, Roseville, CA 95661 773-1189
(916)

18156.IOD
07/22/2016
RMP

EXHIBIT “C”
DESCRIPTION OF OS-9-3
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, 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:
BEGINNING at a point on the southerly boundary of said Parcel One, being also a point on the
Placer County – Sacramento County Line, from which, the southeasterly corner of said Parcel
One bears South 85°26'38" East a distance of 24.61 feet; thence, from the POINT OF
BEGINNING, coincident with said southerly boundary, North 85°26'38" West a distance of
2242.88 feet to the west boundary line of said Parcel One; thence coincident with said west line,
North 00°33'13" West a distance of 200.80 feet; thence on a line parallel with and 200.00 feet
distant as measured at right angles from said southerly boundary line, South 85°26'38" East a
distance of 2241.63 feet; thence on a line parallel with and 24.50 feet west as measured at right
angles from the east boundary line of said Parcel One, South 00°54'27" East a distance of 200.91
feet to the Point of Beginning
Containing 10.295 acres of land, 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, Official records of Placer
County. All distances given are ground distances.
See Page 2 of 2”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\open space\OS-9-3

Page 1 of 2

LEGEND
R.S.
P.C.R.
ORPC
P.O.B.

1/4 SECTION CORNER
RECORD OF SURVEY
PLACER COUNTY RECORDS
OFFICIAL RECORDS PLACER COUNTY
POINT OF BEGINNING

TANWOOD ROAD

DYER LANE

PLACER 1
OWNERS RECEIVERSHIP
PARCEL ONE (PORTION)
2014-0014811, ORPC
AS SHOWN ON ROS NO. 2843,
19 RS 47, PCR

OS-9-3

T.P.O.B.

24.61'(TIE)
P.O.C.

N85°26'38"W 22
67

.49'

10
15

IF A DISCREPANCY EXISTS BETWEEN THIS
EXHIBIT AND THE ASSOCIATED DESCRIPTION,
THE DESCRIPTION HOLDS. THIS EXHIBIT IS
FOR GRAPHIC PURPOSES ONLY.

SE CORNER
PARCEL ONE
11 2014-0014811

14

1552 Eureka Road, Suite 100, Roseville, CA 95661 773-1189
(916)

18156.IOD
07/22/2016
RMP

EXHIBIT “D”
DESCRIPTION OF OS-9-4
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, being a portion of the lands of Daca VI, LLC,
being a portion of 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:
BEGINNING at the southeast corner of said Parcel Two, being the point of intersection of the east line of
the southwest one-quarter of said Section 11and the Placer County - Sacramento County Line; thence
coincident with the southerly line of parcel and said Placer County - Sacramento County Line the
following three courses:
1. North 85°46'15" West a distance of 3.60 feet;
2. North 85°32'54" West a distance of 2627.57 feet;
3. North 85°26'38" West a distance of 2.34 feet;
thence North 00°54'27" West a distance of 50.22 feet; thence South 85°32'54" East a distance of 2633.57
feet to east line of said Parcel Two; thence coincident with the east line of said Parcel Two
South 00°50'18" East a distance of 50.20 feet to the Point of Beginning
Containing 3.023 acres of land, 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, Official records of Placer County. All distances
given are ground distances.
See “Page 2 of 2”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\open space\OS-9-4

Page 1 of 2

LEGEND
R.S.
P.C.R.
ORPC
P.O.B.

1/4 SECTION CORNER
RECORD OF SURVEY
PLACER COUNTY RECORDS
OFFICIAL RECORDS PLACER COUNTY
POINT OF BEGINNING

TANWOOD DRIVE

DYER LANE

PLACER 1
OWNERS RECEIVERSHIP
PARCEL TWO
2014-0014811, ORPC
AS SHOWN ON ROS NO. 2843,
19 ROS 47, PCR

P.O.B.
SE CORNER
PARCEL TWO

OS-9-4

11
14
PAGE 2 OF 2

IF A DISCREPANCY EXISTS BETWEEN THIS EXHIBIT AND THE
ASSOCIATED DESCRIPTION, THE DESCRIPTION HOLDS. THIS
EXHIBIT IS FOR GRAPHIC PURPOSES ONLY.

1552 Eureka Road, Suite 100, Roseville, CA 95661 773-1189
(916)

18156.IOD
RMP
07/22/2016

EXHIBIT “E”
DESCRIPTION OF OS-9-5
A portion of Parcel One of Document No. 2004-001481, Official Records of Placer County, as
shown on Record of Survey No. 2843 filed in Book 19 of Surveys, Page 47, Placer County
Records, also being a portion of the Southwest Quarter of Section 11, Township 10 North, Range
5 East, Mount Diablo Meridian, County of Placer, State of California, and being more
particularly described as follows:
BEGINNING AT A POINT on the north line of said Parcel Two, being also the north line of the
south half of said Section 11, from which the west quarter corner of said Section 11 bears
South 89°44'37" West, 25.00 feet; Thence, from said POINT OF BEGINNING, along said
north line, North 89°44'37" East, 1,274.88 feet;
Thence leaving said north line, South 00°43'29" East, 26.59 feet;
Thence, 15.64 feet along the arc of a 50.00-foot radius tangent curve right, through a central
angle of 17°55'34";
Thence South 89°44'37" West, 1,232.22 feet;
Thence North 45°34'55" West, 37.11 feet;
Thence South 89°05'33" West, 14.00 feet;
Thence North 00°54'27" West, 16.07 feet to the POINT OF BEGINNING.
Containing 1.21 acres, 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, Placer County Records. All
distances given are ground distances.
See “Page 2 of 2”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\open space\OS-9-5
Page 1 of 2

S10

S11
SEE DETAIL

OS-9-5

PLACER 1
OWNERS RECEIVERSHIP
PARCEL ONE
2014-0014811 O.R.P.C.,
AS SHOWN ON ROS NO.
2843, 19 ROS 47, P.C.R.

S10

S11

S15

S14

18156.IOD
RMP
07/22/2016

EXHIBIT “F”
DESCRIPTION OF OS-9-6
A portion of Parcel One of Document No. 2014-0014811, Official Records of Placer County, as
shown on Record of Survey No. 2843 filed in Book 19 of Surveys, Page 47, Placer County
Records, also being a portion of the Southwest Quarter of Section 11, Township 10 North, Range
5 East, Mount Diablo Meridian, County of Placer, State of California, and being more
particularly described as follows:
BEGINNING at the northeasterly corner of said Parcel One, being also the center quarter corner
of said Section 11; Thence, from said POINT OF BEGINNING, along the north line of said
Parcel Two, being the north line of the south half of said Section 11,
South 89°44'37" West, 1,299.88 feet;
Thence leaving said north lines, South 00°43'29" East, 27.41 feet;
Thence, 14.83 feet along the arc of a 50.00-foot radius tangent curve left, through a central angle
of 16°59'21";
Thence North 89°44'37" East, 1,297.78 feet to a point on the east line of said Parcel Two, being
also the east line of the southwest quarter of said Section 11;
Thence along said east lines, North 00°50'18" West, 42.00 feet to the POINT OF BEGINNING.
Containing 1.25 acres, 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, Placer County Records. All
distances given are ground distances.
See “Page 2 of 2”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\open space\OS-9-6
Page 1 of 2

P.O.B.
NE CORNER
PARCEL ONE

OS-9-6

PLACER 1
OWNERS RECEIVERSHIP
PARCEL ONE
2014-0014811, O.R.P.C.
AS SHOWN ON ROS NO. 2843,
19 ROS 47, P.C.R.

PLACER
COUNTY
SACRAMENTO
COUNTY

EXHIBIT C

Recording Requested By and
When Recorded Mail To:
CDRA – Engineering and Surveying
Division
3091 County Center Drive
Auburn, CA 95603-2614
Phone [phone]
Attention:
Exempt from Recording Fees – Govt Code 27383

(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)

GRANT OF
TEMPORARY CONSTRUCTION LICENSE
(Placer Vineyards Specific Plan)
This Grant of Temporary Construction License (“License”) is made as of this _____
day of _________________, 2016, by 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, (“Developer”), to the COUNTY OF PLACER,
a political subdivision (County), with respect to the following facts:
Recitals
A.
Developer is the owner of certain real property situated in unincorporated
Placer County, California, within the development commonly referred to as Placer Vineyards
Specific Plan, which property is more particularly described in Exhibit A attached hereto and
incorporated hereby (hereafter referred to as the “Property”).
B.
Developer and County have previously entered into that certain agreement
entitled "Second Amended and Restated Development Agreement By and Between The
County of Placer and Placer 1 Owners’ Receivership Relative to Property 9 of the Placer
Vineyards Specific Plan" (hereinafter the “Development Agreement”), which Development
Agreement was recorded against the Property on February 9, 2015, as Document No. 20150008638-00.
Capitalized terms not otherwise defined herein shall have the meanings
ascribed thereto in the Development Agreement.
C.
Pursuant to Section 3.3.7 of the Development Agreement, Developer agreed to
grant to the County, with the right to assign to other Participating Developers or the
Development Group, a temporary construction license to permit the construction, by other
Participating Developers or the Development Group, of certain Backbone Infrastructure,
Secondary Road Improvements, Permanent Drainage Facilities and Trail Improvements
within the Property, which improvements are more particularly described in the Development
Agreement (collectively, the “Improvements”). The areas within which these Improvements
may be installed have been or will be irrevocably offered for dedication to the County
pursuant to Section 3.3.1 of the Development Agreement and are also more particularly
described in Exhibit B attached hereto (collectively, the “Public Areas”). The description of
the Public Areas in Exhibit B is divided by reference to the specific Improvements that may be
installed pursuant to this License within such portions of the Public Areas.

1

D.
In satisfaction of its obligations under Section 3.3.7 of the Development
Agreement, Developer desires to grant this License to the County, and the County is willing
to accept this License, subject to the terms and conditions hereof.
Grant of Temporary Construction License
1.
In consideration of the Development Agreement, Developer hereby grants to
County a temporary right of entry on and over the Public Areas, together with the portion(s)
of the Property within twenty-five feet (25’) of such Public Areas, excluding however, any
portions of such additional 25-foot area that would otherwise extend into any graded pads
or improvements then constructed within the Property pursuant to the Development
Agreement (collectively, the “Temporary Entry Area”). The purpose of this grant is to
permit the construction and installation of the Improvements designated for the
corresponding portions of the Public Areas described in Exhibit B.
2.
This grant also includes a temporary right of entry over the Public Areas to
maintain and repair each constructed Improvement until such Improvement is accepted for
ownership and maintenance by the County.
Character of License
3.
The License granted hereby is personal to the County, provided County shall
have the right, pursuant to Paragraph 8 below, to assign this License to a Participating
Developer(s) or the Development Group. This License shall run with the land and be
binding on all successors in interest to Developer and subsequent purchasers or
encumbrancers of the Property during the Term hereof.
Description of License
4.
The License granted hereby is a temporary right to enter upon the Temporary
Entry Area, to store construction equipment and materials within the Temporary Entry Area,
to cross over the Temporary Entry Area in connection with the construction of the applicable
Improvements within the Public Areas, to perform construction and installation of the
Improvements within the applicable Public Areas, and to access the Public Areas after
completion of the Improvements to maintain such Improvements until acceptance by the
County.
Compliance with All Laws
5.
The construction of the Improvements shall comply with all applicable laws,
rules and requirements of the County, and any other public entity with jurisdiction thereover,
and with any applicable requirements of the Development Agreement.
Term
6.
This License shall commence upon the recordation of this License in the
Official Records of Placer County. This License shall terminate on the earlier of (i)
completion of all Improvements designated in Exhibit B for construction within the Public

2

Areas or (ii) twenty (20) years from the date of recordation of the Development Agreement
(the “Term”). The Term of this License may be extended unilaterally by the County upon
recordation by the County of a written notice of extension of this License, which notice shall
certify that at the time of such extension, the Development Agreement or any other
Development Agreement for another Participating Developer, is then in force and effect and
an Improvement described in Exhibit B has not then been constructed within the applicable
portion of the Public Areas.
Nonexclusive License
7.
The right of entry granted in this License is nonexclusive. Developer retains
the right to make any use of the Property that does not or will not interfere with the
construction or maintenance of the Improvements.
Assignment of Agreement
8.
The parties anticipate that the Improvements within the Property will be
constructed either by the Developer or by other Participating Developer(s) or the
Development Group pursuant to this License. Prior to any use of this License by any other
Participating Developer(s) or the Development Group (a “Constructing Developer”), the
following conditions shall be satisfied by the Constructing Developer: (i) the improvement
plans for the Improvements to be constructed thereby shall be completed and approved by
the County; (ii) the Constructing Developer shall have entered into an improvement
agreement with the County, in form acceptable to the County (an “Improvement
Agreement”), establishing the terms and conditions for construction and completion of
such Improvements; and, (iii) the Developer shall have posted security with the County, in
form acceptable to the County, to assure the timely completion of such Improvements in
accordance with the terms of the Improvement Agreement. Subject to the satisfaction of
the foregoing conditions, the County shall have the right to assign this License to the
Constructing Developer to construct the Improvement(s) included in the Improvement
Agreement.
9.
In the event of any breach of the Improvement Agreement by the
Constructing Developer to diligently and timely complete any Improvements, after any
applicable notice and cure period under the Improvement Agreement, in addition to any and
all other rights and remedies available to the County under the Improvement Agreement
due to such breach, the County may elect to rescind the assignment of this License to the
Constructing Developer upon delivery of written notice to the Constructing Developer. Upon
delivery of any such rescission of such assignment, the County will thereupon retain all
rights under this License, including the right to assign this License to another Participating
Developer(s) or the Development Group to complete the construction of the Improvements.
Indemnity
10. The County shall have no indemnity obligations hereunder to Developer with
respect to Improvements that are constructed by a Constructing Developer. If the County
assigns this license to a Constructing Developer pursuant to Paragraph 8 above, then the
Constructing Developer shall indemnify, protect, defend and hold harmless County and
Developer for any loss, damage, claim or liability or costs (including reasonable attorney’s

3

fees) arising out of the Constructing Developer’s, or the Constructing Developer’s
contractors, subcontractors, agents or employees (collectively, the “Constructing
Developer Parties”), use of this License, including without limitation, any entry on the
Property, construction of the Improvements, or maintenance of the Improvements pursuant
to this License, unless such loss, damage, claim, liability or cost arises from the misconduct
or negligence of Developer and County. In particular, and without limitation thereof, the
Constructing Developer shall keep the Property free and clear of any and all mechanics’,
suppliers’ and other similar liens arising out of or in connection with the construction of the
Improvements by the Constructing Developer Parties, and shall pay and discharge when
due any and all lawful claims upon which any lien may or could be based. In the event any
such liens do attach to the Property, then the Constructing Developer shall, immediately
upon written notice from Developer or County, post an appropriate bond or take such other
actions as may be necessary to remove the effect of the lien(s). If any such lien(s) is not
removed within thirty (30) days of Developer’s or County’s written notice to do so, then
notwithstanding the scheduled term hereof, this License shall be deemed terminated. The
Constructing Developer’s duties and obligations under this Paragraph 10 shall survive the
expiration or sooner termination of this License.
Amendment
11. If any of the Public Areas require changes in configuration prior to
construction, the parties agree to amend this License to reflect the new configuration, which
new configuration must first be approved by the County.
Insurance
12. Prior to any entry pursuant to this License, the Constructing Developer shall
obtain and maintain liability insurance (in the form of a Commercial General Liability
Insurance policy), with a combined single limit of liability not less than ONE MILLION AND
NO/100 DOLLARS ($1,000,000.00). Developer shall be named as an additional insured
upon such insurance. Upon request of Developer, the Constructing Developer shall provide
adequate proof of such insurance. Such insurance shall be provided by an insurer licensed
to do business within the State of California and rated no less than B+ X by A.M. Best.
Miscellaneous
13. This License shall be governed by the laws of the State of California, without
regard to conflicts of laws principles. Any action for breach of this License, or to enforce
this License, shall be venued in Placer County Superior Court.
14. Should any legal action be brought by either party for breach of this License,
or to enforce any provisions herein, the prevailing party to such action shall be entitled to
reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court.
15. Any notice to be given by or to either party hereunder shall be given in the
same manner as notice is required to be given in the Development Agreement.

4

16. The undersigned certify that they are fully authorized by the party whom they
represent to enter into this License and able to legally bind such party hereto.

COUNTY:

DEVELOPER:

COUNTY OF PLACER,
a political subdivision

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

On behalf of the Board of Supervisors
of the County of Placer
pursuant to authority conferred by
Ordinance 5152-B adopted
on January 15, 2002.

By:

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

Date:________

Date:___________

Name:
Title:

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 Grant of Temporary Construction License and
unconditionally subordinates the lien or charge of the foregoing deed of trust in favor of this
License, which shall be unconditionally prior and superior to the lien or charge of the deed
of trust.

By:

Date:

Print Name and Title

List of Exhibits
Exhibit A
Exhibit B

Legal Description of Property
Map of Public Areas and Temporary Entry Areas

See following page(s) for Acknowledgement(s)

5

ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER

A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity

INDIVIDUAL(S) SIGNING FOR

 ONESELF/THEMSELVES

 CORPORATE OFFICER(S)
State of ________________
TITLE(S)

County of _______________
COMPANY
On ________ before me,
____________________________________________________(name, title),
 PARTNER(S)
personally appeared _____________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose
PARTNERSHIP
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and
 ATTORNEY-IN-FACT
that by his/her/their signature(s) on the instrument the person(s), or the entity
PRINCIPAL(S)
upon behalf of which the person(s) acted, executed the instrument.

I certify under the PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.

 TRUSTEE(S)
TRUST

WITNESS my hand and official seal.

 OTHER
TITLE(S)

(Seal)

Signature

ENTITY(IES) REPRESENTATIVE

6

18156.IOD
07/22/2016
RMP

EXHIBIT “A”
THE PROPERTY
A portion of Parcel One and Parcel Two as described in that particular Grant Deed to Daca VI,
LLC recorded as Instrument No. 2014-0014811 on March 10, 2014 in the Official Records of
Placer County, State of California.
See Exhibit “B”, 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
Date: _______________

Description prepared by:
MACKAY & SOMPS CIVIL ENGINEERS, INC.
1552 Eureka Road, Suite 100, Roseville, CA 95661
P:\18156\Overall\srv\mapping\desc\Temp. Const. License\PLACER 1 OWNERS

Page 1 of 4

STATHOS

NON-PARTICIPANT
OS-9-6

OS-9-5

TEMPORARY ENTRY
AREAS (TYPICAL)

SPINELLI INVESTMENTS, L.P.

TANWOOD ROAD

SEE PAGE 2

25'

PLACER I OWNERS' RECEIVERSHIP
2014-0014811, ORPC

25'

OS-9-4

MILLSPIN INVESTMENTS, L.P.

DYER LANE

D-9-2

PLACER I OWNERS' RECEIVERSHIP

CENTER SECTION 11

S11

S10

TEMPORARY ENTRY
AREAS (TYPICAL)

PLACER COUNTY LINE

SACRAMENTO COUNTY LINE

PAGE 1 OF 3
PUBLIC AREAS
NAME
D-9-2
OS-9-4
OS-9-5
OS-9-6

TYPE

RECORDING
INSTRUMENT

EXHIBIT B
TEMPORARY CONSTRUCTION LICENSE
PLACER VINEYARDS SPECIFIC PLAN

HIGHWAY EASEMENT & MPE
OPEN SPACE/DRAINAGE
OPEN SPACE
OPEN SPACE

2016-_________
2016-_________
2016-_________
2016-_________

PLACER I OWNERS' RECEIVERSHIP
PORTION SECTIONS 10 & 11, T.10 N., R.5 E. M.D.M.
COUNTY OF PLACER
STATE OF CALIFORNIA

1552 Eureka Road, Suite 100, Roseville, CA 95661 773-1189
(916)

M.P.E = MULTI PURPOSE EASEMENT

STAFF
DRAWN BY

1"= 500'
SCALE

07/22/2016
DATE

18156.IOD
JOB NO.

STATHOS
S10

DYER LANE

S11

D-9-2

25'

25'

SEE PAGE 1

PLACER I OWNERS' RECEIVERSHIP
2014-0014811, ORPC

TANWOOD ROAD

OS-9-2

P.G.G. PROPERTIES

SEE PAGE 3

TEMPORARY ENTRY
AREAS (TYPICAL)

PLACER I OWNERS' RECEIVERSHIP

25'

TEMPORARY ENTRY
AREAS (TYPICAL)
OS-9-3
PLACER COUNTY LINE

SACRAMENTO COUNTY LINE

PAGE 2 OF 3
PUBLIC AREAS
NAME
D-9-2
OS-9-2
OS-9-3

TYPE

RECORDING
INSTRUMENT

EXHIBIT B
TEMPORARY CONSTRUCTION LICENSE
PLACER VINEYARDS SPECIFIC PLAN

HIGHWAY EASEMENT & MPE 2016-__________
PLACER I OWNERS' RECEIVERSHIP
OPEN SPACE/DRAINAGE
2016-__________ PORTION SECTIONS 10 & 11, T.10 N., R.5 E. M.D.M.
OPEN SPACE/DRAINAGE
2016-__________ COUNTY OF PLACER
STATE OF CALIFORNIA

1552 Eureka Road, Suite 100, Roseville, CA 95661 773-1189
(916)

M.P.E = MULTI PURPOSE EASEMENT

STAFF
DRAWN BY

1"= 500'
SCALE

07/22/2016
DATE

18156.IOD
JOB NO.

S9

S10

25'

25'

D-9-1

DYER LANE

TEMPORARY ENTRY
AREAS (TYPICAL)

25'
TEMPORARY ENTRY
AREAS (TYPICAL)

PLACER VINEYARDS
DEVELOPMENT GROUP, LLC

TEMPORARY ENTRY
AREAS (TYPICAL)

16TH STREET

25'

SEE PAGE 2

169

P.G.G. PROPERTIES

PLACER I OWNERS' RECEIVERSHIP
2014-0014811, ORPC

OS-9-1

25'
PLACER COUNTY LINE
SACRAMENTO COUNTY LINE

PAGE 3 OF 3
PUBLIC AREAS
NAME
D-9-1
16-9
OS-9-1

TYPE

RECORDING
INSTRUMENT

HIGHWAY EASEMENT & MPE 2016-_________
HIGHWAY EASEMENT & MPE 2016-_________
OPEN SPACE/DRAINAGE
2016-_________

EXHIBIT B
TEMPORARY CONSTRUCTION LICENSE
PLACER VINEYARDS SPECIFIC PLAN
PLACER I OWNERS' RECEIVERSHIP

PORTION SECTIONS 10 & 11, T.10 N., R.5 E. M.D.M.
COUNTY OF PLACER
STATE OF CALIFORNIA

1552 Eureka Road, Suite 100, Roseville, CA 95661 773-1189
(916)

M.P.E = MULTI PURPOSE EASEMENT

STAFF
DRAWN BY

1"= 400'
SCALE

07/22/2016
DATE

18156.IOD
JOB NO.