Grant Deed - Hoey Family to Meritage HomesRECORDING REQUESTED BY:
First American Title -Insurance. Company
o131- U14301AU
WHEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:
Meritage Homes of California, Inc.
17851 N. 85`h Street, Suite 300
Scottsdale, Arizona 85255
Attention: Legal Department
DOCUMENT: 22711600 _ Pages: 7
Fees 33..00
Taxes... Conf +}
Copies..
AMT PAID 33.00
REGINA ALCOMENDRAS RDE q 006
SANTA CLARA COUNTY RECORDER 9/19/2014
Recorded at the requesf of 1100 AM
Recording Service
(Space Above for Recorder's Use)
GRANT DEED
The undersigned grantor declares:
Documentary Transfer Tax not shown
pursuant to Section 11932 of the
California Revenue and Taxation Code
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FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which is hereby acknowledged "oey Family Partnership, a California limited partnership,
hereby grants to MERITAGE HOMES OF CALIFORNIA, INC., a California corporation, the
real property in the City of Gilroy, Santa Clara County, State of California, described in
Exhibit "A" attached hereto and incorporated herein by this reference, together with (a) all
buildings, structures, and improvements located thereon; (b) all development rights and credits,
.air rights, water, water rights, and °water stock relating thereto;•(c) all right, title,-and interest of
Grantor in and to all strips and gores, streets, alleys, easements, rights -of -way, public ways, or
other rights appurtenant, adjacent, or connected thereto; (d) minerals, oil, gas, and other
hydrocarbon substances therein, thereunder, or that may be produced therefrom; and (e) any
other rights, privileges, appurtenances, hereditaments, easements, reversions, and remainders
pertaining thereto or used in connection therewith.
THIS GRANT AND CONVEYANCE IS. MADE AND ACCEPTED SUBJECT ONLY TO:
those matters set forth on Exhibit "B" attached hereto and incorporated herein by this reference.
[signature page follows]
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1N WITNESS WHEREOF, the Grantor has executed this grant deed as of
20.14.
GRANTOR:
THE HOEY FAMILY PARTNERSHIP, a California
limited partnership
By:
Name: Barbara A. Anmenta
Its: General Partner
By:
Name: MarjoK
YF. Siverson
Its: General frartner _ ,
By:
Name: , ames . H,
Its:. G' neral Partner
-STATE OF CALIFORNIA )
) ss.
.COUNTY OF SM C�
On [ , 2014, before me, ins n 4 N dkn I , Notary Public,
Date ame o 'otary I - -
personally appeared %95k" A. AB'tem-1 Nktlorup. F stVERsvA "A J t o W. HaFY
Narne(s) of ftner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),Ware
subscribed to the within instrument and acknowledged to me that hokhe/they executed the same
in h}sAro /their authorized capacity(ies), and that by hisArer /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.
o JILL FOWL
Commission #►19 31345
-m Notary PubilC - Calftornla D
z Santa Clara County
M Comm. Expires Apr 28,2015i
AiLadlf�
Place Notary Seal Above IS i nature oJNotary Public
FOR NOTARY SEAL OR STAMP
EXHIBIT "A„
Legal Description
Real property,in,the City of Gilroy,. County of Santa Clara, State of
California, described as follows:
PARCEL 3, AS SHOWN ON THAT'CERTAIN PARCEL MAP FILED IN
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA ON SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS AT
PAGES 12 -13.
A.P.N.: 810 -20 -020
EXHIBIT "B"
Permitted Exceptions
1. General and special taxes and ,assessments for the fiscal year 2014 -2015, a lien not yet due or
payable.
2. Intentionally Deleted
3. Intentionally Deleted
4. Intentionally Deleted
5. Assessment liens, if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on, the tax roll:
Community Facilities District County Library.
(all assessments due and payable have been, paid current)
6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code, as a result of a change in ownership or the
completion of new construction occurring on or after the date of this policy.
7., Intentionally Deleted
8. Intentionally Deleted
Ba. Intentionally Deleted
9. FUTURE FLOOD CONTROL RIGHT OF WAY AS DISCLOSED BY PARCEL MAP FILED FOR RECORD ON
JULY 29,1971, IN BOOK 287 OF MAPS, AT PAGE 24, SANTA CLARA COUNTY RECORDS.
10., An easement for'storm drainage and incidental purposes, recorded April 22, 1980 as Book F285,
Page 45 of Official Records.
Ih Favor of: Gilroy County Club Estates Development Company
Affects: As described therein
11. Intentionally Deleted
.12. An easement for SANITARY SEWER and incidental purposes, recorded OCTOBER 20, 1989 as BOOK
L135, PAGE 1017 of Official Records.
In Favor of: CITY OF GILROY
Affects: -As described therein - • - -• -. -
13. An easement fog, INSTALLATION AND MAINTENANCE OF AN UNDERGROUND SANITARY SEWER and
incidental purposes, recorded JULY 9, 1991 as BOOK L777, PAGE 0798 of Official Records:
In Favor of GOLDSMITH SEEDS, INC.
Affects: As described therein
14. The Terms, Provisions and Easements) contained in the document entitled Easement Agreement
recorded November 7; 1991 as Book L923, Page 1170 of Official Records.
15. An easement for INSTALLATION AND MAINTENANCE OF AN UNDERGROUND STORM DRAIN
PIPELINE and incidental purposes, recorded DECEMBER 5, 1991 as BOOK L955, PAGE 1714 of
Official Records.
In Favor of: GOLDSMITH SEEDS, INC.
Affects: As described therein
16. An easement for Underground sewer line and incidental purposes, recorded April 20, 1992 as Book
M149, Page i058 of Official Records.
In Favor of: Jess V. Arias and Josephine Arias
Affects: As described therein
Terms and provisions contained in the above document.
17. Intentionally Deleted
18. Intentionally Deleted
19. The terms and provisions contained in the document entitled Memorandum of Agreement
recorded March 13, 2008 as Document No. 19776209 of Official Records.
The terms and provisions contained in the document entitled "Assignment and Assumption
Agreement" to be recorded in the Official Records concurrently herewith.
,20. The, terms and provisions contained in the document entitled City of Gilroy Development
Agreement Relative to the Development known as Hecker Pass Specific. Plan recorded April 17,
2008 as Document No. 19817205 of Official Records.
The terms and provisions contained in the document entitled "Assignment and Assumption
Agreement" to be recorded in the Official Records concurrently herewith.
21. Intentionally Deleted
21a. Intentionally Deleted
22. Intentionally Deleted
23. Intentionally Deleted
23a. Intentionally Deleted.
23b. Intentionally Deleted.
23c. Intentionally Deleted.
J
23d. Iiiterifiorially Deleted. — -
24. Intentionally Deleted
25. The following matters disclosed by an ALTA /ACSM survey made by Ruggeri Jensen Azar on July 18,
2014, designated Job No. 99400145001:
a. The fact that wood, barbed wire and chained linklences are located inside and outside property
boundary lines.
b. The fact that edge of pavement is located inside and outside the property boundary. lines.
c.: The fact that a path is 4.1' and 2.3° inside the Southerly boundary line.
d: The fact that a gate is 6.1' outside the Easterly boundary line.
e. The fact that a culvert is 7:6' inside the Easterly boundary line
f. The fact that a pipe is-2.7' inside the Northerly boundary line.
g. The fact-that -a gate is 2.2' inside''the'Northerly boundary line.
26: Intentionally Deleted
27. Intentionally Deleted
28. Intentionally Deleted
29. The lack of a right of access to and from the land.
30. Any rights, interests, or easements in favor of the public in the existing creek. known as
Uvas Creek located on the Land, including -any private and/or public riparian water
rights.
31. The terms and provisions contained in the document entitled "Memorandum ofAgree rent
Concerning Surviving Obligations under Purchase Agreement" to be recorded in the - Official
Records concurrently herewith.
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RECORDING CIL Y
S AMERICAN REQUESTED BY
(9111-414301.4f,
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL
TO:
.City Clerk
City of Gilroy City Hall
7351 Rosanna Street
Gilroy., California 95020
DOCUMENT: 22711.601 Pages: 8
Fees.. 46 00
Taxes.... .
Copies.
AMT PAID 46700
REGINA ALCOMENDRAS RDE # 006
SANTA CLARA COUNTY RECORDER. 9/19/2014
Recorded at the request of 1100 AM
Recording Service
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S
USE)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION. AGREEMENT ("this. Agreement'.'.) is
made and entered into as ofIr :„ 1 �j, 2014, by .and between the THE HOEY
FAMILY PARTNERSHIP, a California limited partnership ( "Transferor ") and MERITAGE
HOMES OF CALIFORNIA, INC., a California corporation ( "Transferee ").
RECITALS
A. Transferor or a predecessor in interest of Transferor entered into that certain
City of Gilroy Development Agreement Relative to the Development Known as Hecker Pass
Specific Plan (the "Development Agreement ") with the City of Gilroy ( "City ") dated February
5, 2007, which was recorded on April 17, 2008 as Document No. 19817205 of the Official
Records of Santa Clara County, California, pursuant to which Transferor as a member of a
group of property owners agreed to build certain public improvements as a condition to City
granting Transferor vested rights to develop certain property more particularly described in said
Development Agreement as a portion of the "Subject Property ", all as subject to certain terms
and conditions set forth in the Development Agreement.
B. 'Transferor has agreed to convey and assign to Transferee all of Transferor's
interests in a portion of the Subject Property, as legally described on Exhibit One attached
hereto (the "Assigned Property "), by a deed or other written instrument, which will be recorded
in the Official Records of Santa Clara County, California concurrently with the. recordation of
thi's instrument. Transferor also has agreed to assign to Transferee all of Transferor's rights,
duties and obligations under the Development Agreement with respect to the Assigned
Property, including without limitation the rights, duties and obligations associated with the 100
Residential Development Ordinance Allocations (the "100 RDO Allocations ") that are
allocated to the Assigned Property, with the intent that Transferor be relieved of all such rights,
duties and obligations, as authorized under Article 8 of the Development Agreement.
C. Transferee desires to assume all of Transferor's- rights, duties and obligations
under the Development Agreement with respect to the Assigned Property (including without
limitation the 100 RDO Allocations) and to relieve Transferor of all of said assigned rights,
duties and obligations in reference to the Assigned Property and the 100 RDO Allocations.
NOW, THEREFORE, Transferor•and Transferee hereby agree as follows:
1. Transferor hereby assigns, effective as of Transferor's conveyance of the
Assigned Property to Transferee, all of the rights, title and interest of Transferor under the
Development Agreement with respect to the Assigned Property, including without limitation
the 100 RDO Allocations. Transferor retains all the rights, interest, and interests under the
Development Agreement with respect to all other property within the Subject Property owned
by Transferor.
2. Transferee hereby contractually assumes all of the burdens and obligations of
Transferor under the Development Agreement, and agrees. to observe and fully perform all of
the duties and obligations of Transferor under the Development Agreement, and to be subject
to all the terms and conditions thereof, with respect to the Assigned Property and the 100 RDO
Allocations, it being the express intention of both Transferor and Transferee that, upon the
execution of'this Agreement, Transferee shall become substituted for Transferor as a member
of "Applicant" under the Development Agreement with respect to the Assigned Property. It
Also is, the express intention of both Transferor and Transferee that by this Agreement,
Transferor shall be relieved of all obligations under the Development Agreement with respect
to the Assigned Property and the 100 RDO Allocations, including without limitation any
associated obligation to construct or finance construction of the Major Public Improvements or'
to pay a portion of the Public Benefit Fee (as defined in the Development Agreement), and that
City and,all other parties shall look solely to Transferee for satisfaction of such obligations.
Transferee agrees to indemnify, defend and hold Transferor harmless from any claims,
damages, liabilities, penalties, fines, causes of action, lawsuits, and other proceedings and costs
and expenses in connection therewith, including reasonable attorneys' fees and costs, arising
from City or other parties attempting to impose upon Transferor obligations that the parties
intend Transferee to assume by this Agreement. Transferee represents and covenants that it has
reviewed and agrees to be bound by the Development Agreement and all applicable regulations
and approvals of City related thereto.
3. Transferor and Transferee agree that Transferee shall be entitled to all
reimbursements and credits, if any, available on account of any prior payments by Transferor
toward the Public Benefit Fee under Section 7.7 of the Development Agreement.
4. All of the covenants, terms, and 'conditions of the Development Agreement or
set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
5. The Notice Address described in the Development Agreement for Transferee
with respect to the Assigned Property shall be as follows:
Meritage Homes of California, Inc
1671 East Monte Vista Avenue, Suite N -214
Vacaville, California 95688
Attn: Brian Bombeck.and Jenny Tan
Telephone: 707 - 359 -2018
Facsimile: 707 - 359 -2054
.2
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date
first above written.
TRANSFEROR: THE HOEY FAMILY PARTNERSHIP, a Califorria
limited partnership
By:
Name: Barbara A. Armenta
Its: General Partner
By•
Name: MrJorie F. Siverson
Its: General Partner /1 A
By: - VW
Name: ames W. Hoey
Its: Ge ral Partner
TRANSFEREE: MERITAGE HOMES OF CALIFORNIA, INC., .a
California corporation
_By: SIGNED IN COUNTERPART
Name:
Its:
u
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date
first above written.
TRANSFEROR: THE HOEY FANIILY PARTNERSHIP, a California
limited partnership
By: SIGNED IN COUNTERPART
Name: Barbara A. Armenta
Its: General Partner
SIGNED IN COUNTERPART
By:
Name: Marjorie F. Siverson
Its: General Partner
SIGNED IN COUNTERPART
BY:
Name: James W. Hoey
Its: General Partner
TRANSFEREE: MEMrAGE 119 OF CALIFORNIA, INC., a
N
Its:
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
File No: 0231- 6'19301ala (DB)
STATE OF California )SS APN No: 810 - 20-020
COUNTY OF _5AAAM L440" )
On SEXY- /4 before me, J111 FOVAks , Notary Public, personally appeared
8A4 AMA 4. 4RAffiffA, ANA RZO&E f S1 VEASPA) 44 .TAME S w. N4 e
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 1S/are subscribed to the within
Instrument and acknowledged to me that he/sWthey executed the same in hisAte /their authorized capacity(ies), and that by
higher /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-Califomia that the foregoing paragraph is true and correct.
WITNESS my han and official seal.
• JILL FOWLKS
Signature Commission # 1931345 =
m Notary Public - California zz
Z ' Santa Clara County
M Comm. Explres Apr 28, 2015
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not-require:the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
0 INDIVIDUAL
CORPORATE OFFICER(S) TITLES)
PARTNER(S) ❑ LIMITED.
❑ ATTORNEY- IN-FACT
❑ TRUSTEE(S)
GUARDIAN /CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity
❑ GENERAL
Name of- Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment'of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER('S) OTHER THAN NAMED ABOVE
Reproduced by First American Tide Company 1112007
STATE OF CALIFORNIA )
`` ) ss.
COUNTY OF t�lC2x�Q )
On $ j 2014, before me. �C1P ►'�P �'CQ t'� CO�c�d . Notary Public,
Date ,Nara ojNota C�
personally appeared CL n w
Name(s) of Signer(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 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 sea].
50
REBECCA A. GODDARD
Commission * 1995642
Notary Public - California i
I - Sclano County
Place Notary Seal Above Signature of Notary Public
FOR NOTARY SEAL OR STAMP
EXHIBIT ONE
_ Assignment and Assumption Agreement
Legal Descriptions of'the Subject Property
All of that real property in the City of Gilroy, County of Santa Clara, State of California,
more particularly described as follows attached to this Exhibit One and made a part hereof:
Real property in the City.of Gilroy, County of Santa Clara, State of
California, described as follows:
PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA ON SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS AT
PAGES 12 -13.
A.P.N.: 810 -20 -020
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ATTESt SEP '2 9 2014
COUNTY CLERK- RECORDER
SANTA CLARA COUNTY, CALIFORNIA