HomeMy WebLinkAboutr2020-22 CFD Authorizing Foreclosure with Exhibit AAttachment 1
RESOLUTION NO. 2020 - 22
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL
OF ITS COMMUNITY FACILITIES DISTRICTS
(OLD GREENWOOD No. 03-1 AND GRAYS CROSSING No. 04-1)
AUTHORIZING FORECLOSURE PROCEEDINGS AND RETENTION OF
SPECIAL COUNSEL
WHEREAS, the Truckee Donner Public Utility District (the "TDPUD") has conducted
proceedings resulting in the formation of Community Facilities Districts ("CFDs"; the
District and the CFDs are collectively referred to as "District") and the issuance and sale of
bonds or debt pursuant to the Mello -Roos Community Facilities Act of 1982 (Cal. Gov.
Code Section 53311, et seq.; the "Act"); and
WHEREAS, pursuant to the Act, the District has duly recorded Notices of Special Tax Lien
and has duly and regularly levied CFD special taxes, which special taxes and interest and
penalties thereon constitute a lien against the parcel of the land against which it was levied
until the same are paid, which liens secure in whole or part debt issued pursuant to the
Act; and
WHEREAS, certain installments of the special taxes have not been paid when due, and
certain special taxes may not be paid when due in the future; and
WHEREAS, pursuant to Section 53356.1(a) of the Act, the District is authorized to order
the special taxes collected by an action brought in the Superior Court to foreclose their
liens; and
WHEREAS, pursuant to Section 53356.1(b) of the Act, the District covenanted for the
benefit of owners of the debt to file such foreclosure actions on behalf of the debt holders
and are authorized to order the County Auditor to credit the delinquent special taxes upon
the secured tax roll, thus relieving the County Tax Collector of further duty and regard
thereto; and,
WHEREAS, the District wishes to retain experienced, qualified counsel to prosecute such
judicial foreclosure actions,
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the TDPUD acting on
its own behalf and as the Legislative Body of all of the District CFDs that:
1. The Board finds that the Act authorizes the commencement of judicial foreclosure
proceedings to collect delinquent special taxes, and hereby orders that the
delinquent special taxes listed on the attached Exhibit A and all future delinquent
special taxes as to such property, be collected by action brought in the appropriate
Resolution 2020-22
Superior Court to foreclose the liens thereof.
2. The General Manager is authorized to retain Stradling Yocca Carlson & Rauth, a
law firm, as special counsel on the terms set forth in the agreement presented to the
Board to prosecute the foreclosure actions and to collect on behalf of the CFDs all
amounts due on account of the special taxes listed in Exhibit A and any subsequent
delinquent special taxes.
3. The Board finds that the Act provides for the payment of the costs and attorneys
fees for prosecution of the foreclosures authorized by the District and hereby
authorizes Attorneys to require payment on its behalf of all costs and all attorneys
fees incurred as to each delinquent parcel as a condition of such redemption as
provided in the agreement.
Adopted by the Board of Directors of the Truckee Donner Public Utility District acting on its
own behalf and as the Legislative Body of all of its Community Facilities Districts at a
regular meeting held on September 2, 2020 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Crista Finn, Vice President
ATTEST:
Shanna D. Kuhlemier, CMC, District Clerk
Resolution 2020-22
2
EXHIBIT A
Parcel
Owner's Name
District
Tax Year
Installments
019750014000
TRUCKEE LAHONTAN EQUITY GROUP LP
CFD 03-1 R (Old Greenwood)
2019/20
1st & 2nd
019780023000
KINN EVAN
CFD 04-1 (Gray's Crossing)
2019/20
2nd
019790016000
73 GRAY'S CROSSING LLC
CFD 04-1 (Gray's Crossing)
2019/20
2nd
019840018000
SHOREUP LLC ETAL
CFD 04-1 (Gray's Crossing)
2019/20
1st & 2nd
019870013000
INNOVATIVE CUSTOM HOMES LLC
CFD 04-1 (Gray's Crossing)
2019/20
2nd
019870024000
PHOENIX CAPITAL XV LLC
CFD 04-1 (Gray's Crossing)
2019/20
1st & 2nd
019880014000
STEPPER SHAWN E & JILL A P
CFD 04-1 (Gray's Crossing)
2019/20
2nd
019900020000
LANE STEPHEN M
CFD 04-1 (Gray's Crossing)
2019/20
1st & 2nd
043020014000
ROSICHAN JEFFREY B
CFD 04-1 (Gray's Crossing)
2019/20
2nd
043020018000
ROSICHAN JEFFREY B ETAL
CFD 04-1 (Gray's Crossing)
2019/20
2nd
043020029000
CREEDON CHRIS A & KELLY C TRSTES
CFD 04-1 (Gray's Crossing)
2019/20
2nd
019770002000
SIDDIQUI FAMILY PARTNERSHIP LP
CFD 04-1 (Gray's Crossing)
2019/20
1st & 2nd
043010005000
SIDDIQUI FAMILY PARTNERSHIP LP
CFD 04-1 (Gray's Crossing)
2019/20
1st & 2nd
043010007000
DK ALVISO LLC
CFD 04-1 (Gray's Crossing)
2019/20
1st & 2nd