HomeMy WebLinkAboutT-6163 - Agreement/Covenant - CC&Rs Annexation - 7/12/2017 q
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RECORDING REQUESTED BY AND FRESNO County Recorder
Paul Dictos, C,P,A,
WHEN RECORDED RETURN TO: DOC— 2017-0086007
Acct 8003-North American Title Concord
LennarFresno, Inc. Wednesday, JUL 12, 2017 08:00:00
8080 N. Palm Ave. Suite 110 Ttl Pd $43.00 Rcpt # 0004802890
Fresno, CA 93711 RGR/R4/i-9
Attn: Bill Walls
THIRD ANNEXATION SUPPLEMENT TO THE
MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
CARRIAGE HOUSE
A MASTER PLANNED COMMUNITY
THIRD ANNEXATION SUPPLEMENT TO THE
MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
CARRIAGE HOUSE
A MASTER PLANNED COMMUNITY
This Third Annexation Supplement to the Master Declaration of Covenants, Conditions
and Restrictions for Carriage House a Master Planned Community ("Supplement") is made on
this 23rd day of January, 2016, 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.
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I. 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. Lennar Homes of California, Inc., a California corporation ("Lennar Homes") is
an affiliate of Master Declarant.
K. Lennar Homes is the owner of Outlot B of Tract 5427 ("Outlot "B") which is a
portion of Parcel A of Parcel Map 2004-29 described in Exhibit "B" to the Master Declaration as
real property subject to annexation.
L. Final Tract Map 6163 consists of 84 single family residential lots (Lots 1 through
84 of Tract 6163) and a portion of Parcels A, B, and C of Parcel Map No. 2004-29.
M. Lennar Homes is the owner of Lots 68 through 76 inclusive; and Lots 80-83
inclusive, of Tract 6163 ("Lennar Lots")
N. Patrick Vincent Ricchiuti, "trustee of The Patrick Vincent Ricchiuti Family Trust,
Dated May 17, 1985 ("Trust") is the owner of Lots 1 through 67, inclusive, Lots 77 through 79,
inclusive, Lot 84 and Outlot A of Tract 6163 ("Trust Lots").
O. Lennar Homes is under contract with the Trust to acquire the Trust Lots.
P. Outlot B, the Lennar Lots, and the Trust Lots are collectively referred to herein as
the annexed property and legally described in Exhibit "A" attached hereto ("Annexed Real
Property").
Q. Lennar Homes intends to improve the Annexed Real Property with, among other
things, single-family residential dwelling units.
R. 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.
S. 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.
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DECLARATION
The Master Declarant hereby supplements the provisions of the Master Declaration and
declares that:
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. DEFINITIONS.
3.1 The term "MASTER SUBDIVISION MAP" shall include Outlot B of
Tract 5427 and Final Tract Map 6163 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."
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5. PROPERTY RIGHTS, EASEMENTS, RIGHTS OF ENJOYMENT AND
PREREQUISITES. The Master Declarant grants, reserves and accepts for the benefit of the
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.
IN WITNESS WHEREOF, the Master Declarant has executed the Supplement as of the
date first 0") above written.
MASTER DECLARANT:
L1:NNAR FRESNO, INC,
By:
Mike Miller, ice President
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CONSENT OF OWNER
THE UNDERSIGNED OWNER OF THE REAL PROPERTY DESCRIBED IN
RECITALS "K" AND "M" ABOVE, HEREBY CONSENTS TO THE RECORDATION
OF THIS DOCUMENT.
Dated: January A33, 2017
Lennar Homes of California, Inc.,
a California 1' liab'
Mike Miller, Vice President
CONSENT OF OWNER
THE UNDERSIGNED OWNER OF THE REAL PROPERTY DESCRIBED IN RECITAL
"N" ABOVE, HEREBY CONSENTS TO THE RECORDATION OF THIS DOCUMENT.
Wuar L'12017
ATAICKi7INCEN—T-71'tWCHIUTI
Trustee of the Patrick Vincent Ricchiuti Family Trust,
Dated May 17, 1985
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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, a:ld not
the truthfulness, accuracy, or validi�-y of
that d;icumer.t.
State of California )
�re5w o ) ss
County of )
On 1401011 1 V, 20l 7 , before me, �` IF, Trf• 0 , Notary
Public, personally appeared t lcLC Ti , who
proved to me on the basis of satistactory evidence to be the person(s) whose name(s)are/is subscribed to
the within instrument and acknowledged to me that 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 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.
Notary 'ublic, State of California
ISABEL F.TREJO
Commission#2127889
MAKWI Notary Public-California
Fresno County
M Comm.Expire Oct 21,2019
(Notary Seal)
8 �,
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, avid not C
the truthfulness, accuracy, cr validity of
that document.
State of Califoriiia )
ss
County of JO )
Ona , before m sT �� , Notary
Public, persoy ly ap eared GG , who
proved to ni 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/sheAlley 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.
CHRISTINE COLLINS No ary Public, State of California
Commission#2131344
i - Notary PublIC-California
Fresno County
M Comm. Expires Nov 7,2019
(Notary Seal)
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EXHIBIT"A"
Legal Description of Annexed Real Property
Real property in the City of Fresno, County of Fresno, State of California, described as follows:
OUTLOT B OF TRACT 5427, 1N THE CITY OF FRESNO, COUNTY OF FRESNO,
STATE OF CALIFORNIA AS PER MAP ON FILE 1N VOLUME 29 OF PLATS,
PAGES 30 THROUGH 33, IN THE OFFICE OF THE FRESNO COUNTY
RECORDER, RECORDED MAY 16, 2007.
LOTS 1 THROUGH 84, INCLUSIVE, AND OUTLOT "A" OFTRACI, 6163, IN THE
CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER MAP
ON FILE IN VOLUME ?— OF PLATS, PAGES 8_ THROUGH 9 1, IN THE
OFFICE OF THE FRESNO COUNTY RECORDER, RECORDED
sTcl lu / „_2016.
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