ComplaintCal. Super. - 3rd Dist.September 14, 201843 57 M I T C H E L L C H A D W I C K LL P tO MITCHELL CHADWICK LLP G. BRAIDEN CHADWICK (SBN 227536) JOHN T. WHEAT (SBN 281398) 3001 Lava Ridge Court, Suite 120 Roseville, CA 95661 Telephone: (916) 462-8888 Facsimile: (916) 788-0290 behadwick @mitchellchadwick.com jwheat(@mitchellchadwick.com Attorneys for Plaintiffs LED SUPERIOR COURT OF CALIFOR COUNTY OF PLACER NIA SEP 14 2018 JAKE CHATTERS EXECUTIVE OFFICER & CLERK By: C. Waggoner, Deputy Stephen R. Grattan and Kathleen H. Grattan, Trustees of the 2014 Stephen Grattan and Kathleen Grattan Revocable Trust: Neil Munro and Patricia Munro, a married couple; and Sterling Pointe Homeowners Association, a nonprofit mutual benefit corporation. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER STEPHEN R. GRATTAN AND KATHLEEN H. GRATTAN, Trustees of the 2014 Stephen Grattan and Kathleen Grattan Revocable Trust; NEIL MUNRO AND PATRICIA MUNRO, a married couple; and STERLING POINTE ESTATES HOMEOWNERS ASSOCIATION, a nonprofit mutual benefit corporation, Plaintiffs, V. TIMOTHY CROWLEY, an individual; and DOES | through 20, inclusive, Defendants. CaseNo. § CV 0041787 PLAINTIFFS’ VERIFIED COMPLAINT FOR: TRESPASS NUISANCE QUIET TITLE DECLARATORY RELIEF INJUNCTIVE RELIEF W e e h e [APNs 036-330-014, 036-330-015, and 036-330-020] {00035668:6 } COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P O o C O NN DB D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs complain of Defendants and for causes of action allege: PARTIES l. Stephen R. Grattan and Kathleen H. Grattan, Trustees of the 2014 Stephen Grattan and Kathleen Grattan Revocable Trust, are the owners of real property located in Placer County, identified as Assessor Parcel Number 036-330-015 and “Lot 54” of Sterling Pointe Estates, in Book “T” of Maps, page 93, filed with the Placer County Recorder, or as 9689 Sterling Pointe Court, Loomis, California 95650 (the “Grattan Property”). The Grattans are, and at all times mentioned in this complaint were, residents of Placer County, California. 2. Neil Munro and Patricia Munro, a married couple, are the owners of real property located in Placer County, identified as Assessor Parcel Number 036-330-014 and “Lot 53” of Sterling Pointe Estates, in Book “T” of Maps, page 93, filed with the Placer County Recorder, or as 9699 Sterling Pointe Court, Loomis, California 95650 (the “Munro Property”). The Munros are, and at all times mentioned in this complaint were, residents of Placer County, California. 3. Sterling Pointe Homeowners Association is a nonprofit mutual benefit corporation as defined by California Civil Code sections 1350 et seq. (“Sterling Pointe”). Sterling Pointe is the owner of real property located in Placer County, identified as Assessor Parcel Number 036-330- 020 and Lot “H” of Sterling Pointe Estates, an open space parcel, in Book “T” of Maps, page 93, filed with the Placer County Recorder. 4, The Grattans, Munros, and Sterling Pointe are referred to collectively in this Complaint as the “Plaintiffs,” and the real property parcels at issue identified above in Paragraphs 1-3 are referred to collectively as the ‘Plaintiffs’ Properties.” 5. Defendant Timothy Crowley is the owner of real property located in Placer County (the “Crowley Property”). The Crowley Property is to the east and northeast of the Plaintiffs’ Properties. 6. Defendant Timothy Crowley has a legal and/or equitable interest in a nonexclusive easement (the “Easement”’) for vehicular and pedestrian access to the Crowley Property and for the construction, reconstruction, replacement, use, repair, and maintenance activities for sewer, drainage, water, electricity, telephone, cable, and other utilities within the easement area. The {00035668;6 } l COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P NO w w 10 1] Easement crosses all of the Plaintiffs’ Properties. The Easement is further described as Area “K” and “K-1” in Book “T” of Maps, at page 93, maintained at the Office of the Placer County Recorder, and is attached hereto as Exhibit A. The Easement is approximately forty feet in width, lies contiguous to the Grattan Property’s south-eastern boundary and to the Munro Property’s north-western boundary, crosses Lot H. and terminates at and provides access to the western edge of the Crowley Property. 7. The Plaintiffs are unaware of the true names and capacities of other defendants claiming any legal or equitable interest in the property described in the Complaint adverse to the Plaintiffs’ title, and therefore sues them herein as Does 1 through 20, inclusive. The Plaintiffs are informed and believe and thereon allege that each of the defendants designated herein as “Doe” has a legal and/or equitable interest in the Easement. The Plaintiffs will amend this complaint to allege their true names and capacities when the same have been ascertained. The Does and Mr. Crowley will hereinafter be referred to as “the Defendant.” JURISDICTION AND VENUE 8. This Court, as a court of general jurisdiction, has jurisdiction over the causes of action Plaintiffs assert herein. 9. Venue is proper in this Court pursuant to Code of Civil Procedure section 392(a)(1), because Placer County is the county where the real property that is the subject of the action, namely the Plaintiffs’ Properties, is situated and this action is for recovery of real property or an interest therein, or for the determination of said right or interest and for injuries to said real property. GENERAL ALLEGATIONS 10. The Easement is a nonexclusive easement for private road access, maintenance, and utilities (i.e. sewage, water, telecommunications, and electrical power), per Paragraph 3A of the Easement Agreement that created the Easement (the “Easement Agreement”, attached hereto as Exhibit B). Paragraph 3A of the Easement Agreement only grants the Defendant the right of vehicular and pedestrian access and to conduct construction, reconstruction, replacement, use, repair, and maintenance activities for sewer, drainage, water, electricity, telephone, cable, and {00035668:6 } 2 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other utilities within the easement area. All other rights not explicitly granted in the Easement Agreement are reserved by the Plaintiffs. 11. Paragraph 3B of the Easement Agreement expressly provides that Mr. Crowley, as the successor-in-interest to the original grantee, shall not enter onto or unreasonably interfere with access to those portions of Lot 53, Lot 54, or Lot “H” as shown in Book “T” of maps, page 93. 12. Paragraph 5B of the Easement Agreement requires Mr. Crowley, as the successor-in- interest to the original grantee, to maintain liability insurance in the amount of $1,000,000.00 upon commencement of construction to subdivide the James Property (now the Crowley Property), and to name the owners of Lot 53 and Lot 54 and Sterling Pointe as additional named insured parties. Paragraph 5C of the Easement Agreement requires Mr. Crowley, as the party who is required to obtain and hold the insurance, to provide evidence of such insurance to the Plaintiffs, as additional named insured parties under the Easement Agreement. 13. The Defendant has placed large boulders on either side of the paved driveway, and traffic cones across the paved driveway, to obstruct Plaintiffs’ access, installed signage indicating the property is owned by “Crowley Ranch,” and placed a closed gate across the access point to portions of the Plaintiffs’ Properties, obstructing their access to portions of their properties. Defendant has also graded land outside of the scope of the existing Easement. These activities were done without notice or consent, and caused substantial interference with the Plaintiffs’ use and enjoyment of their properties. 14. Mr. Grattan first communicated verbally to Mr. Crowley in early April 2018 that Mr. Crowley’s use of the Easement was inconsistent with the Easement’s purpose and nonexclusive nature, and that Mr. Crowley was not allowed to place gates or other obstructions on the Easement to the exclusion of the Plaintiffs, or to access any portion of the Plaintiffs’ Properties outside of the boundaries of the Easement. 15. Mr. Grattan followed up this verbal discussion with a letter to Mr. Crowley dated April 27, 2018. The letter reiterated that the Easement is for road access, maintenance, and utilities, and does not give Mr. Crowley any right to access the Properties outside of the Easement, to place any structures other than those expressly named in the Easement within its {00035668:6 } 3 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 boundaries, or to exclude the Plaintiffs from the use and enjoyment of their own Properties. 16. After receipt of the April 23, 2018 letter, Mr. Crowley continued to act in a manner that was inconsistent with the purpose and nonexclusive nature of the Easement, In addition, Mr. Crowley’s construction project manager repeatedly intimidated and harassed Plaintiffs when Plaintiffs attempted to stop Mr. Crowley from misusing and overburdening the Easement. As a result, on August 29, 2018 Mitchell Chadwick LLP, acting as attorney for the Plaintiffs, sent Mr. Crowley a letter restating the nature and scope of the Easement and demanding that Mr. Crowley cease overburdening the Easement by placing signage, fences, gates, cones, rocks or other obstructions anywhere on or off the Easement, as those items and actions are not within the scope of allowed uses or structures in the Easement Agreement. Plaintiffs and their attorney did not receive a written response, but upon receipt of the letter, Defendant and his construction manager increased the pace and intensity of the grading activities and obstructive behavior outside the scope of the Easement. 17. | On September 10, 2018, attorneys for Plaintiffs received a letter signed by Tyson M. Shower, via an email from Emily P. Griffing, indicating that Mr. Shower was representing Mr. Crowley and that a full response to the August 29, 2018 letter was forthcoming. 18. During this time, the Defendant refused to remove the obstructions, cease overburdening the easement, provide proof of insurance, or make any effort to stop interfering with the Plaintiffs’ use and enjoyment of their Properties. As a result, on September 8, 2018, Plaintiffs sent a final demand letter via certified mail, and a copy by email, requesting that the Defendant cease and desist trespassing and comply with the terms of the Easement, or a lawsuit would be filed on September 14, 2018. Mr. Crowley again refused to remove the signage, fence, gate, or other obstructions that interfere with Plaintiffs’ use, access to, and enjoyment of their Properties, provide the requested proof of insurance to the Plaintiffs, or cease trespassing outside the Easement boundary. 19. Mr. Shower responded to the September 8, 2018 letter with a second letter received on by email on September 10, 2018, and by mail received on September 13, 2018. The letter stated that the Defendant would not be removing the obstructions placed on and off the Easement and did {00035668:6 } 4 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P not address any further demands made by the Plaintiffs. 20, Contrary to numerous written and verbal demands. the Defendant has refused to remove these obstructions, and has doubled down on his efforts to limit the Plaintiffs” access to their Properties. 21. The Defendant has refused the Plaintiffs’ timely demands to cease and desist trespass activities involving the Easement, and in addition refuses to provide proof of liability insurance covering the Grattans, the Munros, and Sterling Pointe, as mandated by the Easement Agreement. 22. The Easement allows Mr. Crowley, by and through his predecessors-in-interest, to use the forty-foot strip of property over the Plaintiffs’ Properties for nonexclusive access and utility purposes only. The Easement expressly reserves all other rights to the Plaintiffs, by and through their predecessors-in-interest. 23. The Defendant has placed signage, obstructive cones and barricades, caution tape, ropes. and large boulders on and across the paved driveway making up the Easement without the Plaintiffs’ prior consent. 24. The Defendant has installed a gate across the access point to the lower portions of the Plaintiffs’ Properties without the Plaintiffs’ prior consent. 25. The Defendant has conducted grading activities outside of the Easement area without the Plaintiffs’ prior consent. 26. The Defendant has refused to provide the required proof of liability insurance for coverage of the Grattans, the Munros, and Sterling Pointe upon commencement of construction. 27. The Plaintiffs are informed and believe and thereon allege that the Defendant is legally or equitably responsible in some manner for the events, transactions, occurrences, and happenings alleged herein. 28. These actions by the Defendant have injured Plaintiffs in that they have violated the terms of the Easement, blocked the Plaintiffs’ access to their own properties, overburdened the scope of the Easement, exposed the Plaintiffs to liability, and interfered with the Plaintiffs’ quiet enjoyment and possession of their properties. /// {00035668:6 } 5 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K L L P to l o N FIRST CAUSE OF ACTION Trespass as to all Defendants 29. The Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs | through 28, above, as if fully set forth herein. 30. The Plaintiffs are informed and believe and thereon allege that the Defendant has intentionally made unauthorized access to the Plaintiffs’ Properties, outside the scope of the existing Easement, by foot and vehicle, without the Plaintiffs’ consent. 31. The Plaintiffs are informed and believe and thereon allege that the Defendant has deposited and/or stored cones, boulders, and other structures and obstructions on the Plaintiffs’ Properties, without the Plaintiffs’ consent. 32. The Plaintiffs are informed and believe and thereon allege that the Defendant has performed grading and other activities outside the scope of the Easement, without the Plaintiffs’ consent. 33. The Plaintiffs are informed and believe and thereon allege that the Defendant’s activities have overburdened the Defendant’s limited rights under the terms of the Easement. 34. The Defendant’s actions have interfered with, and will continue to interfere with, the Plaintiffs’ possession and enjoyment of their respective Properties. 35. In pursuing the conduct complained of herein, the Defendant acted with full knowledge of the consequences and damage caused to the Plaintiffs, and willfully, maliciously, and oppressively acted in spite of that knowledge. SECOND CAUSE OF ACTION Nuisance as to all Defendants 36. - The Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs | through 35, above, as if fully set forth herein. 37. _ The Plaintiffs are informed and believe and thereon allege that Defendant has intentionally and unreasonably interfered with the Plaintiffs’ use and quiet enjoyment of their Properties by, among other things, using and placing cones, boulders, and other structures and obstructions on the Plaintiffs’ Properties to obstruct access, without the Plaintiffs’ consent. {00035668:6 } 6 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K L L P bo i) _ > 38. The Plaintiffs are informed and believe and thereon allege that Defendant has also intentionally and unreasonably interfered with the Plaintiffs’ use of their Properties by, among other things, placing a closed gate across the access point to portions of the Plaintiffs’ Properties, and accessing, grading, and conducting other activities on the Plaintiffs’ Properties outside the scope of the Easement, without the Plaintiffs’ consent. The Defendant’s activities have resulted in increased noise, dust, and construction activity beyond that allowed by County permits, which affects the Plaintiffs’ use and quiet enjoyment of their Properties. 39, The Plaintiffs are informed and believe and thereon allege that Defendant’s acts are such that an ordinary person would be reasonably annoyed or disturbed by Defendant’ s conduct. 40. The Plaintiffs have been harmed by, among other things, Defendant’s placement of obstructions including cones, boulders, and a closed gate on the Plaintiffs’ Properties, and grading and accessing the land outside the scope of the Easement, thereby intentionally limiting the Plaintiffs’ use and enjoyment of their Properties; this harm to Plaintiffs is not outweighed by any public benefit of the conduct. 41. In pursuing the conduct complained of herein, Defendant acted with full knowledge of the consequences and damage caused to the Plaintiffs, and willfully, maliciously, and oppressively acted in spite of that knowledge. THIRD CAUSE OF ACTION Quiet Title as to all Defendants 42. The Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs | through 41, above, as if fully set forth herein. 43. The Plaintiffs are informed and believe and thereon allege that Defendant claims some right, title, estate, lien, or interest to the Plaintiffs’ Properties, or a portion thereof. The alleged interest claimed by Defendant is adverse to, and creates a cloud on, the Plaintiffs’ title to the Plaintiffs’ Properties. 44. The Plaintiffs are informed and believe and thereon allege that the Defendant has engaged in acts or omissions that are incompatible with the nature or exercise of their rights under the Easement. 100035668:6 } 7 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K L L P n n 6 45. The Plaintiffs are informed and believe and thereon allege that the Defendant has engaged in acts or omissions that inhibit the Plaintiffs’ use and enjoyment of their Properties. 46. The Plaintiffs seek to quiet title to the Plaintiffs’ Properties against all adverse claims of all claimants, known and unknown, as of the date this complaint was filed. Specifically, the Plaintiffs seek to quiet title against these known and unknown claimants as follows: the claims of Defendant are without any right whatever and such Defendant has no right, title, estate, lien, or interest in the above-described property, or alternatively, Defendant has only those rights strictly consistent with the Easement. FOURTH CAUSE OF ACTION Declaratory Relief as to all Defendants 47. The Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs | through 46, above, as if fully set forth herein. 48. The Plaintiffs desire a judicial determination of their rights in the Plaintiffs’ Properties and a declaration that the Defendant has, and continues to, wrongfully trespass, damage, encroach on, and occupy the Plaintiffs” Properties in excess of any right. privilege, or license. 49. The Plaintiffs are informed and believe and thereon allege that the Defendant’s activities have overburdened the Defendant’s limited rights under the terms of the Easement. 50. The Plaintiffs desire a judicial determination of the Defendant’s rights and obligations in the Plaintiffs’ Properties, if any. 51. A judicial declaration is necessary and appropriate at this time under the circumstances so that the Plaintiffs may ascertain and assert their rights in the Plaintiffs’ Properties. FIFTH CAUSE OF ACTION Temporary and Permanent Injunctive Relief as to all Defendants a2: The Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs | through 51, above, as if fully set forth herein. 53. The Plaintiffs have no adequate remedy at law for the injuries they are suffering, and will continue to suffer, if the Court does not order injunctive relief to protect their rights and give effect to the judgment here. {00035668:6 } 8 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P Nw 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. Damages are insufficient to compensate the Plaintiffs for the loss of the exclusive use, possession, and enjoyment of the Plaintiffs’ Properties. as The Defendant and his agents, representatives, contractors, and guests must be temporarily and permanently enjoined from: a. Interfering with the Plaintiffs’ possession, use, and quiet enjoyment of their Properties; b. Placing any cones, boulders, rocks, gates, structures, or any obstructions whatsoever on any portion of the Plaintiffs’ Properties, unless specifically permitted by the Easement; Cc. Grading activities or any access whatsoever outside the established boundaries of the Easement; d. Entering the Plaintiffs’ Properties outside of the Easement; Se, Preventing the Plaintiffs from exercising full and unobstructed use of all parts of their properties - including but not limited to use of the Easement; and f. Making any other unauthorized use of the Plaintiffs’ Properties. PRAYER WHEREFORE, Plaintiffs request that the Court grant the following relief: 1. A judgment that Defendant has been trespassing on, and continue to trespass on, the Plaintiffs’ Properties; 2. A judgment that the Plaintiffs are the owners in fee simple of the Plaintiffs’ Properties, and that no Defendant holds any legal or equitable interest adverse to Plaintiffs in any portion of the Plaintiffs’ Properties, or alternatively, that the Defendant must strictly comply with his duties under law and equity with respect to any such legal or equitable interest; 3. For compensatory damages in an amount to be determined at trial; 4. For exemplary and punitive damages; 5. For Defendant to be enjoined from his continuing, and prospective, interference with the Plaintiffs’ exclusive use and/or enjoyment of the Plaintiffs’ Properties; {00035668:6 } 9 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K L L P bo u o N n 10. DATED: September [4 , 2018 For a preliminary and permanent injunction prohibiting Defendant from storing. maintaining, or placing any structures, items, or obstructions on any portion of the Plaintiffs” Properties, or within the Easement unless specifically allowed by the terms of the Easement: For a preliminary and permanent injunction prohibiting Defendant or his employees, guests, invitees, contractors, or agents from setting foot on the Plaintiffs’ Properties outside of the Easement boundaries; That the Defendant immediately remove all structures, gates, and other obstructions already placed on the Plaintiffs’ Properties; That the Defendant immediately obtain the requisite liability insurance in the amount of $1,000,000.00 naming the Grattans, Munros, and Sterling Pointe as additional named insured parties; That the Defendant immediately provide the Grattans, Munros, and Sterling Pointe with proof of the liability insurance in said amount and covering said parties, in the manner described in the Easement Agreement: . For attorneys’ fees incurred herein pursuant to Paragraph 9 of the Easement Agreement: . For costs of suit incurred in this action: and . For such other and further relief as the Court may deem proper. MITCHELL CHADWICK LLP G. BRAIDEN CHADWICK JOHN T. WHEAT ~ BRAIDEN CHADWICK JOHN T. WHEAT Attorneys for Plaintiff {00035668:6 } 10 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P & u o e e N D N M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, Stephen Grattan, declare: Tam a plaintiff in the above-entitled matter. Ihave read the foregomg Complaint and know the contents thereof’ The same is true of my own knowledge, except as to those matters which are therem stated on information and belief, and as to those matters, I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: h2 Sep F tale An Re Stephen Grattan {00035668;3 } 10 COMPLAINT B Y F A X M I T C H E L L C H A D W I C K LL P 10 11 12 13 14 15 16 17 18 19 20 21 a 23 24 25 26 27 28 VERIFICATION I, Kathleen Grattan, declare: lam a plaintiff in the above-entitled matter. I have read the foregomg Complaint and know the contents thereof The same is true of my own knowledge, except as to those matters which are therem stated on information and belief, and as to those matters, I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregomg is true and correct. Date: Yas Lillian “fata Kathleen Grattan {00035668;3 } 11 COMPLAINT B Y F A X EXHIBIT A B Y F A X X V A A d S L 3 3 H S 11 40 € 1 3 3 H S (1) aes $7 s63Nue | O3MIVIS dv> FINO | HLIM Jdid NOU! .! G4 = . sini RO anemones nie 2 63, : eHE() (LZR MLLIY.OON, 3 4 - (SY pr Oe) #2 or. 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Robertson REC $22.00/MIC $3, 00! AUT $20.00 Post Office Box 255824 SBS $19.00} | Sacramento, California 95865- Tt] Pd $64.00 Nbr-0000049330 eee REO/R1/1~20 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT AGREEMENT th This Easement Agreement ("Agreement") is made this 0 day of Fi Ag , 1997, by and between STERLING POINTE ESTATES, a California general partnership ("Grantor"), and EVAN L. JAMES, JR., AND DOROTHY A. JAMES, husband and wife, Co- Trustees of the James Revocable Inter-Vivos Trust Dated November 1, 1983, (collectively "“Grantee"), who agree as follows: 1. Background, A. The Sterling Pointe Property. Grantor is the owner of that certain real property located in the County of Placer, State of California (the "Sterling Pointe Property") , more particularly described on Exhibit A-1 and shown on Exhibit A-2. Grantor is concurrently recording a final subdivision map with respect to the Sterling Pointe Property in Book “J of Maps, Pages 98 , inclusive (the "Final Map") ‘ . B. The James Property. Grantee is the owner of that certain real property located in the County of Placer, State of California (the "James Property"), described on Exhibit B-1 - and shown on Exhibit B-2., C. Purpose. Grantor desires to grant and Grantee desires to obtain a nonexclusive easement, as further described in this Agreement. - , 2. Grant of Basement; Location. Grantor hereby “grants to Grantee and Grantee hereby accepts from Grantor a nonexclusive easement over the Sterling Pointe Property (the "Easement") in the location described in Exhibit C-1 ( the "Basement Area"), consisting of the following three areas: A. Along the designed Sterling Pointe Court as .- depicted in the "Final Map" for the Sterling Pointe Property from the intersection of Lake Forest Drive to and including the cul- de-sac at the end of Sterling Pointe Court, which is shown as Lot "I" on the "Final Map" described on Exhibit C-1 and delineated on Exhibit C-2, both of which are attached hereto and incorporated “by reference herein ("Sterling Pointe Court"); 1484001.80819.102 -1- V13 B Y F A X B. The road between the terminus of Sterling Pointe Court and the westerly boundary of the James Property defined by the James' fence line, between Lot 53 and Lot 54 and over a portion of Lot H to the northwesterly property line of the James Property as shown and labeled as Area’ 'K" on the: "Final ’ Map" described on Exhibit C-1 and delineated on Exhibit C-2, both of. which are attached hereto and incorporated by reference herein (the "Additional Road Area"); and C, The slope area adjacent to the Additional Road Area and affecting portions of Lot 53 and Lot "H" as shown on the "Final Map" and more particularly described in Exhibit C-1 and _ delineated on Exhibit C-2, both of which are attached hereto and ' incorporated: by reference herein (thé "Slope Area"}. For reference purposes only, Exhibit C-2 is.a map indicating the location of the Easement Area. The Final Map to be recorded with respect to the Sterling Pointe Property shall depict the Easement over that portion of the Sterling Pointe Property located within the Easement Area in favor of Grantee and appurtenant to the James Property. 3. Character, Use and Description of Easement. A. Character of Kasement. The Ragement shall be appurtenant to the James Property in favor of Grantee for: (a) vehicular and ‘pedestrian ingress, egress and other. travel to and. from the James Property over. Sterling Pointe Court and the Additional Road: Area; {b) construction, reconstruction, replacement, uge, repair.and maintenance of. sewer, drainage, -water, electricity, telephone, cable and other utilities within the Easement. Area, and reasonable appurtenances thereto, provided, however, that all such activities within Sterling Pointe Court shall be confined to the area designated "Multipurpose Easement" or "M.P.E." on the Final Map, and as such "M.P.E." along the cul-de-sac area of Sterling Pointe may be realigned in the future if the cul-de-sac is modified as part of a realignment of the Easement Area providing access to the James Property; and (c) the construction, reconstruction, repair and maintenance of slopes on the Slope Area adequate to maintain the road in the Additional Road Area (the "Road") and utilities described in this Agreement. B, Right to Maintain. The Basement shall include the right of the Grantee to enter upon the Sterling Pointe Property to repair, replace and maintain the Additional Road Area and Slope Area portions of the Easement as and when Grantee deems necessary, provided that Grantee shall not enter onto the -portions of Lot 53, Lot 54, and Lot "H" as shown on the "Pinal Map" not subject to the Basement and shall not unreasonably interfere with access to Lot 53, Lot 54, and Lot "H" as shown on the "Final Map" by the owners of Lot 53 and Lot 54 or their invitees. 1484001.80819.102 . -2- V13 Ta aS AD ES 25 Te ne my e ns s ep ge me Te es e, B Y F A X C. Use of Easement. Subject to the limitations contained in this Agreement, the Easement may be used and exercised by Grantee and Grantee's employees, tenants, licensees, agents, contractors and invitees for the purposes described in this Agreement. It is the intention of the parties to this Agreement that the Easement would allow development of the James Property to the fullest extent allowed by the zoning laws of Placer County, ag they currently exist. If and when the James Property is subdivided in accordance with the zoning laws of Placer County, the Easement may be used by successors of Grantee who acquire any portion of the James Property, and their employees, tenants, licensees, agents, contractors and invitees for the purposes described in this Agreement. 4. Improvement and Maintenance of Easement. A. Grantor's Obligations. Grantor shall improve and maintain Sterling Pointe Court, including the cul-de-sac forming the existing terminus of Sterling Pointe Court. B. Grantee's Qbligations. Grantee shall improve and maintain the Additional Road Area and the Slope Area as may be required for Grantee's use or by agencies with jurisdiction over the James Property; provided, however, Grantee shall not be responsible for improving or maintaining any portion of the Additional Road Area which is improved for the purpose of providing access to Lots 53 and 54 as such lots are identified on the Final Map of the Sterling Pointe Property. 5. Insurance Requirements. A. Grantor's Obligations. Grantor or the owners' association created with respect to the Sterling Pointe Property (the "Association") shall maintain liability insurance with respect to Sterling Pointe Court for the benefit of Grantor or the Association and the owners of the James Property, with coverage in the amount of $1 million per occurrence, with such coverage primary, except as to the willful or negligent acts of Grantee or Grantee's successors. B. Grantee's Obligations. Grantee shall maintain liability insurance with respect to the Additional Road Area and the Slope Area, with coverage in the amount of one million dollars ($1,000,000.00) per occurrence, (1) for the benefit of the owners of the Grantee's Property; and (2) at the point in time that the Grantee or Grantee's successor(s) commences the . construction of improvements with respect to a Tentative or Final Subdivision Map to subdivide the James Property, Grantee will name as an additional named insured the owner(s) of Lots 53 and 54 under such liability insurance, which insurance will be primary unless such owner(s) use any portion of the Additional Road Area for access (in which case the Grantee's liability insurance will no longer be primary). At the point in time that the Grantee or Grantee(s) successor(s) commences the construction 1484001. 80819 .102 -3- Vi13 B Y F A X of improvements with respect to a Tentative or Final Subdivision Map to subdivide the James Property, Grantee will also maintain liability insurance with respect to Sterling Pointe Court, with coverage in the amount of one million dollars ($1,000,000.00) per ‘occurrence; (1) for the benefit of the ownérs of the Grantee's Property; and (2) will name as an additional named insured the Association under such liability insurance, if available at a commercially reasonable additional cost to Grantee. Except as set forth in this paragraph, with respect to the coverage for the additional named insured(s), Grantee's coverage will be excess coverage, except as to the willful or negligent acts of Grantee or Grantee's successors. : C. Evidence of Insurance. On the request of a party. entitled to- such evidence, each party required to carry insurance by this Agreement shall provide to the other party and ‘to. any party required to be named as an additional insured, evidence that such insurance is in place and cannot be canceled without at least thirty (30) days notice to any additional named insured. 6. Sterling Pointe Court. A. Repair of Damage, If, during any development or other activities on the James Property, such use damages the road improvements on Sterling Pointe Court beyond normal wear and tear, then the owner of the James Property, within ten (10) days of a request therefor, shall repair such damage or shall reimburse either Grantor or, if the roads within the Sterling Pointe Property have been conveyed to the Association, then the Association, for the costs of such repair. B. Agsessments. Grantor and Grantee agree that, after the subdivision of the James Property, the owner or owners of the James Property shall be responsible for a proportionate share of the costs of maintaining, repairing and replacing the road. improvements: on Sterling Pointe Court and of maintaining liability insurance with respect to Sterling Pointe Court (the “Shared Costs"): Accordingly, after recordation of a subdivision map.with respect to the James Property, the owner of each lot within the James Property shall pay to the Association monthly, within ten (10) days of notice, an assessment equal to a fraction of the Shared Costs, the numerator of which shall bé one (1) and the denominator of which shall be the sum of sixty (60) plug the number of lots in within the James Property, 7. Recordation. This Agreement shall be recorded in the Official Records of Placer County. In the sole event that the Final Map referred to herein ig not recorded in its generally contemplated design, and the Grantor or its succesgsor(s) -in- interest determines that the location of the Basement must be reconfigured to a location in the general vicinity of the Basement in order to achieve the Grantor's development design, Grantee agrees to execute a new Grant of Basement with Grantor to 1484001.80819 202 -4- v13 B Y F A X accommodate Grantor's reasonable request for a new Grant of Easement (and concurrently remove the previously recorded Easement from title), go long as (1) the costs for the improvements for the new Grant of Easement are the responsibility of Grantor or its successor(gs) in interest; (2) James or James! successor(s) in interest have not previously developed the James Property; (3) the new Grant of Easement would enter the James Property at the location depicted in the presently approved Tentative Map; and (4) the new Grant of Rasement would allow development of the James Property to the fullest extent allowed by the zoning laws of Placer County, as they currently exist. 8. Entire Agreement; Modification, This Agreement contains the entire agreement between the parties relating to the rights granted and the obligations assumed in this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force and effect, excepting a subsequent written modification signed by the party to be charged and recorded in the Official Records of Placer County. 9. Attorneys' Fees. In the event of any controversy, claim or dispute relating to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs. . 10. Binding Effect. Each and all of the easements and rights granted or created herein are appurtenant to the James Property or the Sterling Pointe Property, as appropriate. None of the easements and rights may be transferred, assigned or encumbered other than as an appurtenance to the James Property or the Sterling Pointe Property; provided, however, Grantee may assign the easement rights granted herein for utility purposes to public or quasi-public entities authorized to provide such utilities. Rach and all of the easements and rights contained in this conveyance are (a) made for the direct benefit of the James Property or the Sterling Pointe Property; (b) shall create equitable servitudes and shall run with the land; (c) will bina every person having any fee, leasehold, or other interest in any portion of the Sterling Pointe Property affected by the Basement or the James Property; and (d)-shall° inure to the benefit of Grantee and Grantee's successors in interest in the James Property and of Grantor and Grantor's successors in interest in the Sterling Pointe Property. Rach party represents and warrants to the other that it has full power and authority to enter into this Agreement and that the Agreement is fully effective with respect to its respective property without the consent of any other party. 11. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement, and shall not affect the construction or interpretation of any of its provisions. ‘ 1484001 .80819.102 -5- v13 B Y F A X JUN, 9.1997 qsaypy TRAINOR ROBERTSOW . NO. 2748. 2) - | 12, Exhibits. All exhibits to which reference de made in this Agreement are incorporated in this Agreament by the respective referances to them, whether or not they ara actually attached, provided they have bean Signed or initialed by the parties, Referenca to "this Agreement" includes matters incorporated by reference. 13. This Bagemant Agreement may ba executed Simultaneously or in any number of dgounterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall Constitute one and the same Easement Agreement, , GRANTOR STERLING fSOINTE ESTATES, a. California general partnership By: Phantazy Development Company, a falifornia Corporati By: onald F, Stempek, Presidant GRANTEE Evan L. James, Jr. Co-Trustee of The James Revocable Inter-Vivos Trust Dated November 1, 1983 Dorothy A, Jamas Co-Trustee of The James Revocable Inter-vivos ; om Trust Dated November 1, 1983 1484001 .80819,102 -6- Vi3 B Y F A X 12, Exhibits. All exhibits to which reference ig made in this Agreement are incorporated in thia Agreemant by the respactive references to them, whether or not they are actually attached, provided they have been signed or initialed by the parties. Reference to "this Agreement" includes matters incorporated by reference, 13. This Eagament Agreament may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall constitute one and the game Basement Agreement. GRANTOR STERLING POINTE ESTATES, a California genaral partnership By: Phantazy Development Company, a California corporation, General Partner Bye Ronald F. Stempek, President Revocable Inter-Vivos Trust Dated November 1, 1983 Q Co. 7 Aaa, Dorothy Jam Co-Trustee of The James G-10~97 Revocable’ Inter-Vivos Trust Dated November 1, 1983 1484002 .80819.102 , -6- Vi: 1 BY F A X EXHIBIT A-1 Sterling Pointe Property The land referred to herein is situate in the unincorporated area, County of Placer, State of California, described as follows: PARCEL ONE}: The Southwest quarter of Section 17, Township 11 North, Range 8 East, M.D.B. & M. EXCEPTING THEREFROM that portion thereof described as follows: Beginning at the Southwest corner of said Saction 17; thence North along the West line of section 17 for a distance of 950 feet; thence East parallel to the South line of section 17, a distance of 550 feet; thence Southerly in a direct line 950 feet, more or less, to a point on the Bouth line of Section 17 from which the point of beginning bears west 467 feet; thence West 467 feet to the point of beginning. APN: 036-140-001-000 PARCE O: The Northwest quarter of the Southeast quarter of saction 17, Township 11 North, Range 8 East, M.D.B. & M. EXCEPTING THEREFROM all that portion thereof which lies within the boundaries of the following described property: Beginning at the southeast corner of the Northwest quarter of the Southeast quarter of said Section 17; thence along the South line of the Northwest quarter of the southeast quarter of said Section 17, South 88°23/12" West 1027.05 feet to a point on the line which lies 300 feet landward from the 466 foot elevation contour; thence along said 300 foot line the following course and distances; North 01°25’ East 173.4 feet; North 28°18’ Bast 162.4 feet; North 35°48/ West 181.2 feet; North 04°49! West 440.6 feet; North 29°18’ East 206.4 feet; North 66°39’ Bast 509.7 feet; North 01°23’ Bast 743.2 feet; North 36°41’ East 185.8 feet; North 76°59’ East 177.6 feet; North 50°46’ West 316.3 feat and North 00°09/ West 230.9 feat, more or less to the North line of the Southwest quarter of the Northeast quarter of said Section 17; thence North 88°15'36" Fast 380.0 feet to the Northeast corner thereof; thence South 01°48/41" Fast 2631.1 feet along the East line of the southwest quarter of the Northeast quarter and the East line of the Northwest quarter of the Southeast quarter of said Section 17 to the point of beginning. Continued on next page BY F A X EXHIBIT A-1 Sterling Pointe Proper Parcel Two, continued. ... ALSO EXCEPTING THEREFROM all that portion thereof lying within the boundaries of the following described property: Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said section 17; thence from said point of beginning and along the North line of the Southwest quarter of the Northeast quarter of said section 17, North 68°15730" East 926.02 feet to'a point on a line which lies 300 feet landward from the 466 foot elevation contour; thence leaving said North line and along said 300 foot line the following courses and distances: South 00°09’ East 230,90 feet; South 50°46’ Bast 316.30 feet; South 76°59’ West 177.60 feet; South 36°41’ West 185,50 feet; Bouth 01°23" West 743.20 feet; South 66°39’ West 509.70 feet; South 29°18’ West 206.40 feet and South 04°49’ East 440.60 feet; thence leaving said 300 foot line, South 68°36/00" West 290.94 feet to the West line of said Northwest quarter of the Southeast quarter of said Section 17; thence along the West line of the Northwest quarter of the Southeast quarter and the Southwest quarter of the Northeast quarter of said Section 17; North 01°40/50" West 2263.00 feet to the point of beginning. APN: 036-140-006-000 PARCEL THREE: All that portion of the southwest quarter of the southeast quarter of Section 17, Township 11 North, Range 8 East, H.D.B.& M., described as follows: Keginning at the Southwest corner of the southeast quarter of said Section 17 and running thence North 1°40/5" west along the West line of the Southeast quarter of said section 17, a distance of 1314.0 feet, more or less, to the Southwest corner of the land described in Deed to Thomas L. Ross, et ux, recorded in Book 1189 at page 682, Placer County Records; thence Easterly along the South line of said Ross property 280.3 feet to the Southeast corner thereof, being a point in a line which lies 300 feet landward from the 466 foot elevation contour; thence along said 300 foot line, the following courses and distances south 22°01’ West 402.0 feet; South 17°45’ East 186.9 feet; South 02°24' West 215.2 feet; South 35°03’ East 178.6 feet, and south 20°45’ West 433.6 feet to a point in the south line of said section 17; thence along south line of Section 17, South 88°27/05" West 90.0 feet to the point of beginning. , APN: 036-140-004-000 PREPARED BY ~E. HITCHELL LS 3475 BY F A X EXHIBIT B-1 James Property PARCEL ONE All that portion of the Southwest quarter of the Northeast quarter and the Northwest quarter of the southeast quarter of Section 17, Township 11 North, Range 8 East M.D.H, described as follows: Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 17, thence from said point of beginning and along the North line of the Southwest quarter of the Northeast quarter of said section 17, North 88°15/36" Bast 926.02 feet to a point on a line which lies 300 feet landward from the 466-foot elevation contour; thence leaving said North line and along said 300-foot line the following courses and distances: South 00°09’ East 230.90 feet; South 50°46’ Bast 316.30 feet; South 76°59’ West 177.60 feet; South 36°41! West 185.80 feet; south 01°23’ West 743.20 feet; South 66°39’ West 509.70 feet; south 29°08’ West 206.40 feet and South 04°49" Est 440.60 feet; thence leaving said 300-foot line, South 68°36/00" West 290.94 feet to the West line of the said Northwest quarter of the Southwest quarter of said Section 17; thence along the West line of said Northwest quarter of the Southeast quarter and the Southwest quarter of the Northeast quarter of said Section 17: North 01°40"50" West 2263.00 feet to the point of beginning. EXCEPTING THEREFROM beginning at the intersection of the existing fence and the North-South center-of-section line from which the center quarter corner of said Section 17 as shown on said record of survey bears South 00°41/27" East 1224.61 feet; thence North 00°41'27" West 94.45 feat along said North-South center~of-section line to the Northwest corner of the Southwest quarter of the Northeast quarter of said section 17; thence North 86°49/11" Bast 399.16 feat along the North line of the Southwest quarter of the Northeast quarter of said section 17 to a point on the Northeasterly extension of the existing fence line; thence south 75°31'58" West 410.96 feet along said extension and said fence to the point of beginning. Continued on next page w a e s y s BY F A X EXHIBIT B-1 Jamas Property _ PARCEL TWO: A portion of Lot 89 of Clos-du-Lac, Placer County, California, as shown on the plat filed september 25, 1990, in Book R of Maps, at page 25, Placer County Records, desoribed as follows: Beginning at the center quarter corner of Section 17, Township 121 North, Range 8 East, Mount Diablo Base and Meridian, as shown on said plat; thence North 00°41/27" West 1224.61 feet along the North-South center-of-section line toa point in the existing fence as shown on Record of Survey No. 1441 filed June 1, 1990, in Book li of Surveys, at page 132, Placer County Records, thence south 75°32'48" West 31.76 feet along the existing fence; thence South 00°51/22" East 646.41 feet along the existing fence; thence South 02°45/26" East 88.19 feet along the er teet fence; thence south 01°88/57" East 482.73 feet along the ex sting fence and an extension thereof to a point on the Bast-west center-of-section line of said Section 17; thence North 88°46/37" Rast 21.94 feet along the East-West center-of-section line of said Section 17 to the point of beginning. APN: 036-130-008-000 036~-140-007-000 PREPARED BY? « E. MITCHELL L8 3475 B Y F A X Exhibit C-1 A portion of the Southwest, one-half Section 17, Township 11 North, Range 8 East, M.D.M. situated in Placer County, State of California, Said portion of land consists of three strips of land of various width for Road and Public Utility purposes and are more particularly described as follows. 1, Road and Public Utility Easement. All that portion of “Sterling Pointe Court” that lies between the Easterly line of “Lake Forrest Drive” and the Easterly line of the cul- de-sac bulb of said “Sterling Pointe Court” as shown on the Final Map of said “Sterling Pointe Estates” as Lot “!” and that certain 12.5 foot multipurpose easement (M.P.E.) abutting Lot “I” as shown on the Final Map. Said Map is on file in Book of Maps, at Page , Placer County Records. 2. Additional Road Area and Public Utility Easement : _ All that portion of Road Easement that lies between the Easterly line . of the cul-de-sac bulb of said “Sterling Pointe Court” and the Westerly line of the “James Property” (defined by the James fence line) as shown and labeled Area “K” and that certain 12.5 foot multipurpose’ easement (M.P.E.) abutting Area “K”, both as shown on the Final Map of said “Pointe Estates”, on file in Book of Maps, at Page , Placer County Records: 3. Slope Easement Appurtenant to Additional Road Area Beginning at a point on the East line of Lot “H” as shown on the Map of “Sterling Pointe Estates’ on file in Book {___ of Maps, at Page 7 , Placer County Records, from which the center % corner of said Section 17 bears the following two courses: 1, North 01°43’52” West, 50.00 feet, along the East line of said Lot “H”. 2. North 88°11'24” East, 21.94 feet, along the East-west center line of ‘said Section 17. Thence along a line SO feet Southerly of and parallel with said East-West center line, South 88°1 124” West, 166.06 feet, toa point on the West line of said Lot °H’. Thence continuing along said parallel line , South 88°11'24” West, 293.34 feet, to the beginning of a tangent curve to the left. \v B Y F A X Thence along said curve an arc length of 130,17 feet, aradius of 150,00 feet and a central angle of 49°43’23”, to the point of tangent. Said point _ lines on the most Northwesterly line of the Lot 53, as shown on said Map of “Sterling Pointe Estates”, Thence South 38°28'01” West, 260,36 feet, along said most Northwesterly line, to a point on the curve of the cul-de-sac bulb of “Sterling Pointe Court” as shown on said Map of “Sterling Pointe Estates”. Thence along a radial line to said curve North 74°20’25” East 34.53 feet. Thence running parallel with and 20 feet Southeasterly to the above most Northwesterly line of the Lot 53, North 38°28'01” East, 232.21 feet, to the beginning of a tangent curve to the right. Thence along said curve an arc length of 135.03 feet, aradius of 130.00 fect, a central angle of 59°30’47’, to the point of tangent. Thence South 86°54’54” East, 270.80 feet, to a point on the West line of said Lot “H”. Thence South 88°} 1'24” West, 164.42 feet, to the East line of said Lot “H”, Thence North 01°43’52” West, 45.00 feet, along the East line of said Lot “H” to the point of beginning. Said Easement described above is shown on Exhibit “C-2” attached hereto and incorporated herein, and is also delineated on said map of “Sterling Pointe Estates” mentioned above. 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A W S o l ‘LaWNAGIs VINAOHTWD 40 Alvis ‘ A I O Id 4O LINNOD D a r ‘6 ail 30.901 Baca e a e GF Ob | SWPESIIGN | S906 TylOtS.61 | OOSLET SS AO Z F v GexOHD | Snravag + Vv a | ‘ON A L N I O d S N I T A S L S C ~ D L I G I H X S A I g V L v i v a S A A a N D California All-Purpose Acknowledgment State of California County of Oxar Ce, O, jure, 10 1997 before me, AK. Ananty ; NAMB OF NOTARY PUBLIC personally appeared, Luar & . James Je and Dorothy Al. James [ -} wersonelly-knowr-to-me- or- (vy proved to me on the basis of satisfactory evidence to be the person(s) whose name (s)s/ are subscribed to the within instrument and acknowl- Aa DAA? edged to me that ke / ske / they executed the same H. K. ANANTH in his/ her/ their authorized capacity (ies), and that COMM, #1080735 . . , FAY FUBUG » CALE g by hts/ her/ their signature (s) on the instrument the SR LEF ay con. Evpios ht, 1999 person (s), or the entity upon behalf of which the WPA RO . person (s) acted, executed the instrument. Witness my hand and official seal. we d\_& SIGNATURE OF bk OPTIONAL Though the information below isnot required by law, itma Yy prove valuable topersons relying onthedocument and prevents fraudulent reattachment of this form. Type or Title of Document Capacity Claimed By Signer Fasement Raveemertt . wv Individuals) TITLE OR TYPE DOCUMENT L) Corporate Number of pages: _ 06-10-97 _ noanee {_] Generat Date of Document: 6 P95 seneenenesenesesnceenensseearansses [_] Limited [_] Attorney-in-Fact Signer{s) Other Than Named Above: Guardian/Conservator | Guan [_] Trustee(s) C) Other: Fora 901.294 Signer is Representing: Nip Home of Pereon{s) or Entity hes) 7” THE ae . eG A. 7 ALM Mad Centers & Independently Quumed & Operated Fra schize) 1-820-959 6245 “A BY F A X JVUN-L1-97 Wen CALIFORNIA ALL-PURPOSE ACKNOWLEUGMENT NT Ps 2, ‘re aK tebe CREOLE CREEL ANIA LAOH A eR o A A A I 14242 73 a * ‘State ot, Ca\ Rocco _ Caurity of . eur MAO eA ee pre en On. soag, Anaen. before mo, Tons thoeker, eeepc HUdkE, TILE OF OFFICER E.G, etait . personals appeared Qrona\d, Cs weer A Om AIEEE: (ne eee te ENE NE eansvent RAEI] OF BER) “ross known to mo + OR - 0 proved to me on the basis of Satisfactory sitiance ‘N ; _ to be the person(s) whose name(s) isfate | subscribed to the within Insteument and ac- . knowledged to ma that he/she/they executed N the same In his/har/their authorized 4 “ capacity(ies), and that by his/her/their 3 y - _ signalure(s) on the instrument the pérson(s), - hE Ry, OFFICIAL SEAL 1026228 or the entity upon behalf of which the 3 A (€ ean g person(s) acted, executed the Instrument. 4 wycorm cue | \. Y. = WITNESS my hand and official seal. ye Oreos DID SOMATIRE 06 sOrRY . perce tinea notin OPTIONAL meee Theugh the data bolow is not required by law, it nisy prove valuable fo persons relying on the document and could prevent < fraudulent fRatachinan of this form, { | ~ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT a ‘NOIMIOUAL i 7 CORROPATE OFFICER Kasemerss Beceensent, "sain iv iomumersason xoscsntseessnsneessce TITLE OR TYPE OF DOCUMENT - ‘ ° * TIRES} > EL:paniaeris C) tawreo . CJ Genera “es smepenath Nirmersareccouel a C) aTToRNEV.IN-FACT NUMBER CF PAGES. {"} rrustReis) -] QUARDIANCONSERVATOR POH ener cee we vee SQIND AD epee i Gonimnine mms cra G mm MSG eee Se OATE OF DOCUMENT ~ S4GNER IS REPNESELMNG: OR E OT oe reece Gita iStitanee csumocgmenctincyparsnaconaerorice SIGNEA(S) OTHER THAN NAMED ABOVE TR tN Ce te tert eA lee = AR: aes DOU LLL LEAT ALITTLE: Ny < 01990 NATIGHAL NOTARY ASSCCUATION « 12345 Farnenet Ave, P.O. 600 7184+ Carcgs Pat CARING 71EE : te. 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