-GWF Federal Home Loan Mortgage Corporation v. Lantana-Fountains, LLC et al, No. 2:2010cv01303 - Document 32 (D. Nev. 2011)
Court Description: ORDER Granting 30 Motion to Discharge Receiver. Objections to Receiver's Final Report due by 3/4/2011. January 18, 2011 Hearing is Vacated. Signed by Judge Philip M. Pro on 1/14/11. (Copies have been distributed pursuant to the NEF - ASB)
Download PDF
<![CDATA[
-GWF Federal Home Loan Mortgage Corporation v. Lantana-Fountains, LLC et al 1 2 3 4 5 6 Doc. 32 Ryan J. Lorenz, #8165 CLARK HILL PLC 14850 North Scottsdale Road, Suite 500 Scottsdale, Arizona 85254 Telephone: (480) 684-1100 Facsimile: (480) 684-1199 Email: rlorenz@clarkhill.com 10 Andre Lagomarsino, #6711 PARKER SCHEER LAGOMARSINO 610 South 7th Street Las Vegas, Nevada 89101 Telephone: (702) 383-2864 Facsimile: (702) 383-0065 Email: andre@parkerscheer.com 11 Attorneys for Plaintiff Federal Home Loan Mortgage Corporation 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 7 8 9 14 15 FEDERAL HOME LOAN MORTGAGE CORPORATION, 16 17 18 Case No. 2:10-cv-01303-PMP-GWF Plaintiff, ORDER DISCHARGING RECEIVER v. 19 LANTANA-FOUNTAINS, LLC, an Oregon limited liability company; et al.; 20 Defendants. 21 22 This matter came before the court on the motion to discharge receiver (doc. 30) 23 filed by Plaintiff Federal Home Loan Mortgage Corporation (“Freddie Mac”). Good 24 cause appearing, IT IS ORDERED: 25 1. Granting Freddie Mac’s motion discharging GREP Southwest, LLC dba 26 27 Greystar, the Court-appointed receiver (“Receiver”). 28 6868673.1 18133/135747 Dockets.Justia.com 1 2 2. Confirming Freddie Mac’s right of possession of the property located at 6501 West Charleston Boulevard and 1200 S. Torrey Pines Drive, Las Vegas, Nevada, 3 4 legally described as follows: 5 PARCEL I: 6 GOVERNMENT LOT SEVEN (7) OF SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M. 7 11 EXCEPTING THEREFROM THE INTEREST IN AND TO THE NORTH FIFTY (50.00) FEET AS CONVEYED TO COUNTY OF CLARK FOR ROAD PURPOSES BY DEED RECORDED NOVEMBER 25, 1974 IN BOOK 476 AS DOCUMENT NO. 435894, CLARK COUNTY, NEVADA RECORDS. 12 PARCEL II: 13 GOVERNMENT LOT SEVENTEEN (17) OF SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M. 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 EXCEPTING THEREFROM THE WEST THIRTY (30.00) FEET; TOGETHER WITH A SPANDREL AREA IN THE NORTHEAST CORNER OF THE INTERSECTION OF REDWOOD STREET AND DEL REY AVENUE, BOUNDED AS FOLLOWS: ON THE WEST BY THE EAST LINE OF THE WEST THIRTY (30.00) FEET THEREOF; ON THE SOUTH BY THE NORTH LINE OF THE SOUTH THIRTY (30.00) FEET THEREOF; AND ON THE NORTHEAST BY THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FIFTEEN (15.00) FEET AND BEING TANGENT TO THE EAST LINE OF SAID WEST THIRTY (30.00) FEET, AS CONVEYED TO THE COUNTY OF CLARK FOR ROAD PURPOSES BY DEED RECORDED JULY 10, 1979 IN BOOK 1083 AS DOCUMENT NO. 1042992 OF OFFICIAL RECORDS. PARCEL III: 27 28 2 6868673.1 18133/135747 1 2 3 4 5 6 GOVERNMENT LOT EIGHTEEN (18) OF SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M. EXCEPTING THEREFROM THE SOUTH THIRTY (30.00) FEET AS CONVEYED TO THE COUNTY OF CLARK FOR ROAD PURPOSES BY DEED RECORDED JULY 10, 1979 IN BOOK 1083 AS DOCUMENT NO. 1042992 OF OFFICIAL RECORDS. PARCEL IV: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A NON-EXCLUSIVE DRAINAGE EASEMENT AS SET FORTH IN THAT CERTAIN “DECLARATION OF DRAINAGE EASEMENT” RECORDED FEBRUARY 9, 2000, IN BOOK 20000209 AS DOCUMENT NO. 01167, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA, AS APPURTENANT TO PARCELS I-A, I-B AND I-C HEREINABOVE. PARCELS I, II, AND III ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT SEVENTEEN (17) IN SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M., SAID POINT BEING THE CENTERLINE INTERSECTION OF DEL RAY AVENUE AND REDWOOD STREET; THENCE ALONG THE CENTERLINE OF DEL RAY AVENUE, NORTH 88 53’55” EAST 659.13 FEET; THENCE NORTH 03000’21” WEST 30.02 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF DEL RAY AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 88 53’55” WEST 614.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88 12’27” AN ARC DISTANCE OF 23.09 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF REDWOOD STREET; 28 3 6868673.1 18133/135747 1 2 3 4 5 6 7 8 9 10 THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 02 53’38” WEST 637.10 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, NORTH 88 47’27” EAST 298.87 FEET; THENCE NORTH 02 56’59” WEST 624.26 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF CHARLESTON BOULEVARD; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, NORTH 89 29’19” EAST 328.41 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 03 00’21” EAST 1,273.14 FEET TO THE POINT OF BEGINNING. (APN 163-02-104-004) (“Charleston Parcels”); and: 11 PARCEL I: 12 GOVERNMENT LOT NINETEEN (19) IN SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M. 13 14 15 16 17 18 EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO CLARK COUNTY BY DEED RECORDED JULY 10, 1979, IN BOOK 1083 AS DOCUMENT NO. 104992 OF OFFICIAL RECORDS. PARCEL II: GOVERNMENT LOT TWENTY (20) IN SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M. 19 EXCEPTING THEREFROM: 20 21 22 23 24 25 26 27 THE INTEREST IN AND TO THE NORTH 30.00 FEET AND EAST 40.00 FEET AND THE SOUTH THIRTY FEET TOGETHER WITH THAT SPANDREL AREA DESCRIBED BELOW AS CONVEYED TO THE COUNTY OF CLARK FOR ROAD PURPOSES BY DEED RECORDED JULY 7, 1977 IN BOOK 760 AS DOCUMENT NO. 719160 AND RE-RECORDED AUGUST 3, 1977 IN BOOK 771 AS DOCUMENT NO. 730573 OF OFFICIAL RECORDS. EXCEPTING THEREFROM A SPANDREL AREA IN THE NORTHEAST CORNER THEREOF, BEING THE 28 4 6868673.1 18133/135747 1 2 3 4 5 6 7 8 9 10 11 SOUTHWEST CORNER INTERSECTION OF HOLMBY AVENUE AND TORREY PINES DRIVE, BOUNDED AS FOLLOWS: ON THE NORTH SIDE OF THE SOUTH LINE OF THE NORTH 30.00 FEET, ON THE EAST SIDE BY THE WEST LINE OF THE EAST 40.00 FEET AND ON THE SOUTHWESTERLY SIDE BY THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 20.00 FEET, THAT IS TANGENT TO THE SOUTH LINE OF SAID NORTH 30.00 FEET AND TANGENT TO THE WEST LINE OF SAID EAST 40.00 FEET; ALSO TOGETHER WITH A SPANDREL AREA IN THE SOUTHEAST CORNER THEREOF BEING THE NORTHWEST CORNER OF THE INTERSECTION OF TORREY PINES DRIVE AND DEL RAY AVENUE, BOUNDED AS FOLLOWS: 12 13 14 15 16 17 18 19 20 21 22 23 ON THE EAST SIDE BY THE WEST LINE OF THE EAST 40.00 FEET, ON THE SOUTH SIDE BY THE NORTH LINE OF THE SOUTH 30.00 FEET AND ON THE NORTHEASTERLY SIDE BY THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET THAT IS TANGENT TO THE WEST LINE OF SAID EAST 40.00 FEET AND TANGENT TO THE NORTH LINE OF SAID SOUTH 30.00 FEET. PARCELS I AND II ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF GOVERNMENT LOT NINETEEN (19) IN SECTION 2, TOWNSHIP 21 SOUTH, RANGE 60 EAST, M.D.B. & M.; THENCE NORTH 88 47’27” EAST 617.72 TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF TORREY PINES DRIVE; 24 25 26 27 THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 03 07’08” EAST 633.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; 28 5 6868673.1 18133/135747 1 THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92 01’03” AN ARC DISTANCE OF 32.12 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF DEL RAY AVENUE; 2 3 4 THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 88 53’55” WEST 598.33 FEET; 5 6 THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE, NORTH 30 00’21” WEST 652.86 FEET TO THE POINT OF BEGINNING. (APN 163-02-104-007) 7 8 9 10 (“Torrey Pines Parcels”).1 3. 11 12 13 Directing the Receiver to tender possession of all property, real and personal, presently in the Receiver’s possession or which the Receiver is entitled to possess under the terms of the Court’s order appointing a receiver (doc. 23), to Freddie 14 15 Mac. 4. 16 17 18 Directing the Receiver to file a final report on or before February 21, 2011, disclosing all receipts and expenditures of the Receiver and a summary of the Receiver’s activities at the Property. 19 IT IS FURTHER ORDERED, that any party may object to the final report of the 20 21 Receiver on or before March 4, 2011. If no objections are filed, the Receiver’s report 22 shall be approved by the Court and the Receiver’s bond shall be exonerated without 23 further order of the court. 24 IT IS FURTHER ORDERED, vacating the hearing set for January 18, 2011. The 25 26 Court will set a hearing on any objections to the Receiver’s final report, if necessary. 27 1 Collectively, the Charleston Parcels and the Torrey Pines Parcels are referred to as the “Property.” 28 6 6868673.1 18133/135747 1 2 DATED this __ day of ___________ 20__. 14th day of January, 2011. 3 4 _________________________ Philip M. Pro United States District Court Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 6868673.1 18133/135747
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
