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Home My WebLink AboutT-6216 - Agreement/Covenant - CC&Rs 4th Annexation - 11/19/2018 ■III Ffli m W11 I4I I1wrmlbVft0' AlW 11111 2015-0139161 RECORDING REQUESTED BY AND FRESNO County Recorder Paul Dlctos, CPA WHEN RECORDED RETURN TO: Monday, Nov 19, 2018 08:00:00 AN Titles: 1 Pages: 9 Lennar Fresno Inc. Fees: 48.00 ? CA 582 Fee: 75.00 8080 N. Palm Ave. Suite 110 Taxes: 0.00 Fresno, CA 93711 CITYIOF FRESNO 118.80 Attn: Bill Walls FOURTH ANNEXATION SUPPLEMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CARRIAGE HOUSE A MASTER PLANNED COMMUNITY ❑❑❑FLIDSW❑❑❑❑❑)❑❑❑❑❑❑❑❑❑❑❑Ft]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 2 of 9 FOURTH ANNEXATION SUPPLEMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CARRIAGE HOUSE A MASTER PLANNED COMMUNITY This Fourth Annexation Supplement to the Master Declaration of Covenants, Conditions and Restrictions for Carriage House a Master Planned Community ("Supplement") is made on this Z--day of 2018, by Lennar Fresno, Inc. a California corporation ("Master Declarant"). RECITALS A. Unless otherwise expressly provided for in the Supplement or expressly dictated by grammatical correctness, any capitalized words and/or phrases when used herein shall have the specified meanings given to them in the provisions of ARTICLE II of the Master Declaration, entitled, "DEFINITIONS." B. On May 16, 2007 the Master Declaration of Covenants, Conditions and Restrictions for Carriage House a Master Planned Community was recorded as Document No. 2007-0096387, of the Official Records of Fresno County, California. ("Master Declaration"). C. Master Declarant,was the original subdivider of The Villages at Carriage House. D. On May 16, 2007, Master Declarant recorded final Tract Map 5686 consisting of 165 units. E. On May 16, 2007, Master Declarant then recorded final Tract Map 5427 consisting of 174 units. F. On May 16, 2007 Master Declarant then recorded the Declaration which included Lots 1-165 of Tract Map 5686 ("Master Lots") and identified, in Exhibit "B" to the Declaration, certain real property as property subject to annexation into the Declaration. G. On May 16, 2007, Master Declarant then recorded that certain document identified as the First Annexation Supplement to the Master Declaration of Covenants, Conditions, and Restrictions for Carriage House a Master Planned Community, thereby annexing Lots 1 through 174, Outlot"A", "15' Landscape Easement" and Open Space of Tract Map 5427, a portion of the real property described in Exhibit"B"to the Declaration, as Master Lots. H. On April 14, 2016, The Villages at Carriage House Homeowners Association, a California nonprofit mutual benefit corporation amended the Master Declaration to add Parcel C of Parcel Map No. 2004-29, as real property proposed for annexation, such that Parcels A, B and C of Parcel Map 2004-29 are real property proposed for annexation. 2 000FLIDSW❑❑❑❑❑)❑❑❑❑❑❑❑❑❑❑❑Ft]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 3 of 9 1, On April 14, 2016, Master Declarant then recorded that certain document identified as the Second Annexation Supplement to the Master Declaration of Covenants, Conditions, and Restrictions for Carriage House a Master Planned Community, thereby annexing Lots 1 through 97 of Tract 5571, which is a portion of Parcel C of Parcel Map 2004-29. J. On June 12, 2017, Master Declarant then recorded that certain document identified as the Third Annexation Supplement to the Master Declaration of Covenants, Conditions, and Restrictions for Carriage House annexing Lots 1 through 84 of Tract 6163 and Outlot B of Tract 5427. K. Lennar Homes of California, Inc., a California corporation ("Lennar Homes") is an affiliate of Master Declarant. L. Final Tract Map 6216 consists of 92 single family residential lots (Lots Z through 92 of Tract 6216)("Lots"). M. Patrick Vincent Ricchiuti, Trustee of The Patrick Vincent Ricchiud Family Trust, Dated May 17, 1985 ("Trust")is the owner the Lots. N. Lennar Homes is under contract with the Trust to acquire the Lots. 0. The Lots are collectively referred to herein as the annexed property and legally described in Exhibit"A" attached hereto ("Annexed Real Property"). P. Lennar Homes intends to improve the Annexed Real Property with, among other things, single-family residential dwelling units. Q. The provisions of Section 11.6 of the Master Declaration entitled, "ANNEXATION OF ADDITIONAL PROPERTY," provide, among other things, that the Annexed Real Property, or any portion thereof, may be annexed to the Carriage House development ("Master Planned Community") and made subject to the provisions of the Master Governing Documents at the written election of the Master Declarant by the recording of a supplement to the Master Declaration. R. Master Declarant intends through the provisions of this Supplement to comply with the requirements of the provisions of the above referenced Section 11.6 of the Master Declaration, to annex the Annexed Real Property to the Master Planned Community and to thereby make the Annexed Real Property subject to the provisions of the Master Governing Documents. 3 ❑❑❑FLI❑SW❑❑❑❑❑)❑❑❑❑❑❑❑❑❑❑❑Ft]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑r❑❑ . B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 4 of 9 DECLARATION The Master Declarant hereby supplements the provisions of the Master Declaration and declares that- 1. hat:1. INCLUSION OF RECITALS. Each and every one of the above and foregoing nineteen (19) recitals is incorporated herein and by this reference made a part hereof as if once again fully written and set forth at length herein. 2. ANNEXATION. The Master Declarant hereby elects to annex the Annexed Real Property to the Master Planned Community and, subject to any rescissions of or amendments to the Supplement that is/are in compliance with the provisions of Section 7 of this Supplement, entitled "Rescission and Amendment," below, to bring the Annexed Real Property under the jurisdiction of the provisions of the Master Governing Documents. All of the Annexed Real Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions, easements, servitudes and liens described in the provisions of the Master Governing Documents, together with any properly recorded Supplement and/or amendment to the Master Governing Documents. 3. DF-FaNTTIONS. 3.1 The term "MASTER SUBDIVISION MAP" shall include the Final Map No. 6216, as more fully described in the Recitals. 3.2 The term "MASTER PROPERTY" shall include the Annexed Real Property. 3.3 The terms "MASTER LOT(S)" shall include the Annexed Real Property. 4. EFFECT OF ANNEXATION. From and after the date of recordation of the Supplement, The Annexed Real Property shall be subject to the provisions of the Master Governing Documents. Therefore, all of the Owners of a Subsidiary Lot in the Annexed Property shall automatically be Members of the Master Association. Any Regular and Special Assessments that apply to any portion of the Annexed Real Property shall commence at the time and to the extent described in the provisions of Section 7.8 of the Master Declaration, entitled, "ASSESSMENT PERIOD," and voting rights in the Master Association with respect to any portion of the Annexed property shall commence at the time described in the provisions of Subsection 6.3.C. of Section 6.3 of the Master Declaration, entitled, "THREE CLASS SYSTEM: WEIGHTED VOTES." 5. PROPERTY RIGHTS, EASEMENTS, RIGHTS OF ENJOYMENT AND PREREQUISITES. The Master Declarant grants, reserves and accepts for the benefit of the 4 000FLS❑SW❑0000)❑❑❑❑❑❑❑❑❑❑❑FflP❑❑W❑❑❑❑❑D❑❑❑❑F,o❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 5 of 9 Master Association, The Annexed Real Property and for the benefit of the Owners, including the Master Declarant, all of the property rights, easements, rights of enjoyment and prerequisites that are provided for in the covenants, conditions, restrictions and servitudes contained in the provisions of the Master Governing Documents. 6. LEASING OR RENTING OF SUBSIDIARY LOTS. If the Master Declarant rents or leases any of the Annexed Real Property over a period of at least one (1) year prior to the conveyance of a fee title interest to the Annexed Real Property to an Owner other than the Master Declarant, the Master Declarant shall pay to the Master Association, prior to or concurrently with the conveyance of such fee title interest in the Annexed Real Property to an Owner other than the Master Declarant, an amount equal to that portion of any Assessment that would have been allocable to each such rented and/or leased Subsidiary Lot, which was to be set aside as a reserve for the replacement and deferred maintenance of any Major Component. Said payment shall only be required for such Subsidiary Lots that have been actually rented or leased by the Master Declarant over the above referenced one (1) year period. 7. RESCISSION AND AMENDMENT. Provided the Annexed Real Property has not been conveyed to an Owner other than the Master Declarant, and no Assessments have been levied against The Annexed Real Property,the Declarant has the right, in its sole discretion,to: 7.1 Amend the provisions of the Supplement by executing and recording an amendment to the Supplement; provided that, any such amendment is consistent with the provisions of the Master Governing Documents; and/or 7.2 Executing and recording a rescission of the Supplement. 1N WITNESS WHEREOF,the Master Declarant has executed the Supplement as of the date first (1'� above written. MASTER DECLARANT: LENNAR FRESNO, INC, By: Mike Miller,Vice President 5 000FLS❑SW❑0000)❑❑❑❑❑❑❑❑❑❑❑Ft]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑1111113D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 6 of 9 CONSENT OF OWNER THE UNDERSIGNED OWNER OF THE REAL PROPERTY DESCRIBED IN RECITALS "K" ANIS "N" ABOVE, HEREBY CONSENTS TO THE RECORDATION OF TMS DOCI MENT. Dated: September`Z�2018 ATRTCK VINCENT CCMUTI TnLgee of the Patrick Vincent Ricchiuti Family Trust, Dated May 17, 1985 6 (� ❑❑❑ELS❑SW❑0000)❑❑❑❑❑❑❑❑❑❑❑EL]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 7 of 9 ACKNOWLEDGEMENT 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. State of California } } ss County of } 0 - before before me, n � Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be a persoa(s)whose name(s)are/is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. CHRISTINE COLUNS Commission#2131344 z W. Notafy Public -California Nota Public, State of California Fresno County Comm, Expires Nov 7,2rww019 (Notary Seal) 7 ❑❑❑FL1❑SW❑❑❑❑❑)❑❑❑❑❑❑❑❑❑❑❑Ft]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑D❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 8 of 9 ACKNON LEDGEMENT 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. State of California ) ss County of FM K ) On Abe f ajt aM a ore ne, be I E I �',e,- Notary Public, ersonally appeared l K who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) are/is subscribed to the within instrument and acknowledged to me that he/sheJthey 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 behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. ISABEE F ifaEJO commission#2127889 N tary Public, State of Ca t ornia I e Notary Public-California Z Fresno County Coma. res Oct 21,201$ - - - - - - - - - - - - - - - - (Notary Seal) . S 000FMSW❑0000)❑❑❑❑❑❑❑❑❑❑❑FOP❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑ DOC#2018-0139161 Page 9 of 9 EXHM IT "A" Legal Description of Annexed Real Property Real property in the City of Fresno, County of Fresno, State of California, described as follows: LOTS 1 THROUGH 92, INCLUSIVE, OF TRACT 6216, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER MAP ON FILE IN VOLUME RK OF PLATS, PAGES THROUGH IN THE OFFICE OF THE FRESNO COUNTY RECORDER, RECORDED OP V, / x_2018, 9 ❑❑❑ELS❑SW❑❑❑❑❑)❑❑❑❑❑❑❑❑❑❑❑EL]P❑❑W❑❑❑❑❑D❑❑❑❑F,❑❑❑❑❑❑❑❑❑❑❑❑❑❑3D❑❑❑❑❑❑❑I❑❑ B❑❑❑❑❑❑❑❑❑❑❑PP❑❑W❑❑