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Home My WebLink About2009025260-1 Phase 2 Notice of AnnexationRECORDING REQUESTED BY: CAGO THTL.E JULIE RODEWALD San Luis Obispo County—Clerk/Recorder RECORDING REQUESTED BY: Chicago Title Company Order No. *2- `i CO 19 WHEN RECORDED RETURN TO: LEVEN & SELIGMAN LLP (LSM) 1801 Century Park East, Suite 2200 Los Angeles, CA 90067 Recorded at the request of Chicago Title Company DOC#: 2009025260 PHASE 2 NOTICE OF ANNEXATION TO LAUREL CREEL THIS PHASE 2 NOTICE OF ANNEXATION TO LA reference purposes only (this "Notice"), is made by CTTYVI limited partnership (herein, "Declarant"), with reference to the A. Declarant is the owner of certain real County of San Luis Obispo, State of California, more (herein, "Phase 2"). B. Phase 2 is part of the real F in that certain Amended and Restated Reservation of Easements for Laurel Creek the "CC&Rs") of even date herewith mad� in the Official Records of San Luis Obispo 4 F� NB 5/15/2009 8:00 AM Titles: 1 Pages: 4 Fees 17.00 Taxes 0.00 er 0.00 PAID $17.00 of April 29, 2009, for 178, L.P., a Delaware situated in the City of San Luis Obispo, K described on Exhibit A attached hereto on of Annexable Property set forth Covenants and Restrictions and *r amended, supplemented, and/or replaced, recorded prior hereto or concurrently herewith C. Pursuant to . e IX f e CC , Declarant has the right, without the written assent of the City, the Association or ' e e to ex P ase 2 to the Project and thereby to subject Phase 2 to the CC&Rs and the jurisdicti sso 'a D. Declara t es a ex hase 2 to and into the condominium community known as "Laurel Creek" pursuant o rovis' n of the CC&Rs and to establish, adopt and impose on Phase 2 the terms, covenants, conditions, h it 'ons, restrictions, easements, reservations, liens and charges (collectively, the "Protective Cov 11t fo the CC&Rs for the purpose of enforcing, protecting and preserving the value, desirabili and a c 'veness of Phase 2 and the Project. NOW, THE E R eclarant hereby declares that Phase 2 is hereby annexed to and made a part of the r ' t, 2 is, and shall be, held, sold, conveyed, hypothecated, encumbered, leased, rented, u d occu nd improved subject to the Protective Covenants, all of which are declared and a ed t b in furt ance of a general plan for the subdivision, improvement, protection, use, m ' t ance n sale of all of Phase 2 and all of which are declared and agreed to be for the purpose of enhan ' , ain i ' g and protecting the value, attractiveness and desirability of Phase 2 and every part thereof. 1 of the Protective Covenants are equitable servitudes enforceable by Declarant, the Association d all owners of all or any portion of the Project (which shall include Phase 2 from and after th Annex Date defined below) against all other owners, tenants or occupants thereof, and shall run a d, shall be binding on and shall inure to the benefit of all parties having or acquiring any right, e or interest in the Project or any part thereof, their heirs, successors and assigns. Page 1 G: � 4 � docs � Wattlaure! Creek\ Phase 2 � AnneXNotice.02.doc ARTICLE 1 DEFINITIONS Section 1.1 Definitions. All terms with initial capitalized letters used but not otherwis fine ne this Notice shall have the meanings set forth therefor in the CC&Rs. From and after the Ann (defined below), Units shall include the Units in Phase 2; Association Property s lude t Association Property in Phase 2; and Common Airspace shall include the Common Airspacein--PhAse 2. ARTICLE 2 ANNEXATION DATE; OTHER OBLIGATIONS AND RIGHTS Section 2.1 Annexation Date. As permitted and provided in the CC&R01reby exes Phase 2 to, and makes it a part of, the Project. Said annexation shal7�� ediately upon the date of the closing (herein, the "Annexation Date") of the firs e ce of a Phase 2 Unit to a bona fide purchaser pursuant to a Public Report issuebyal' �oinia Department of Real Estate. By virtue of such annexation, Phase 2 (including the n ts, atioroperty and Common Airspace comprising Phase 2) is and shall be subject to each and 11 fPr, Covenants and to the jurisdiction of the Association. Section 2.2 Obligations for Assessments. With u miting the generality of the preceding Section 2_1, from and after the Annexation Date, each Owne in uding Declarant) of a Phase 2 Unit shall automatically become an Owner and a Member of the Asso ' ti . Each such Owner, by acceptance of a deed therefor, whether or not it shall be so expresse 'n su de , all be deemed to have agreed to and shall be liable for the performance of all duties a bI a 'o set forth in the CC&Rs, the Articles and Bylaws including, but not limited to, ttit pay e t 11 ssments which may be levied by the Association against said Owner's Phase 2 ' ac or nee th the Protective Covenants as set forth in such CC&Rs. The assessments as to all Phase U s 1 co mence on the first day of the month which immediately follows the Annexation Date Section 2.3 Voting Rights. From an after th nnexation Date, each Owner of a Phase 2 Unit shall be entitled to voting rights as or h in th CC& s. Section 2.4 Ri ht of Airs �xat' n. Declarant hereby expressly reserves the right to unilaterally de -annex Phase 2 from h P 4fro-m�he scheme of the CC&Rs and/or to unilaterally amend this Notice, or any provision e A�t4jjd� me prior to the Annexation Date. Section 2.5 Easements Red d. All easements reserved for the benefit of Declarant in the CC&Rs are hereby reserved y cla nt v the Units and the Association Property in Phase 2, together with the right to grant n trans r the same, as provided in the CC&Rs. All easements reserved for the benefit of each of h Project nits in the CC&Rs are hereby reserved over, upon and through the Association Pro per c t does also hereby reserve an easement of access in and through the Common A' su` trace th P for the benefit of the Association. Sedion 2. Appurtenant Easements. Declarant hereby grants to each Owner of a Phase 2 Unit a non c sive s ent appurtenant to his/her/their Phase 2 Unit for ingress, egress, use and enjoyment on and ov a orti f the Association Property as and when annexed to the Project pursuant to the CC&Rs. 7 Association PropertX, Obligations. The Association Property in Phase 2 shall be conveyed ;o a on immediately prior to or as of the Annexation Date and shall thereafter be maintained by is n in accordance with the terms of the CC&Rs, subject, however, to the terms and provisions of Page 2 G: � 4 � does � Watt. Laurel Creek � Phase 2 � AnnexNotice.02.doc that certain Street Maintenance Agreement of even date herewith between the Association and Declarant recorded prior hereto or concurrently herewith in the Official Records. n IN WITNESS WHEREOF, Declarant has caused this Notice to be executed by its du: officer(s) as of the date first set forth above. CityView Laurel Creek 178, L.P., a Delaware limited partnership Watt Communities CV Manager LLC, a California limited liability its authorized agent Watt Communities LLC, a California limited liability its sole Member By D tAo , -49 A -go 19'IL e6 7 , its Description of Phase 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On D before m , / N a Notary Public, personally appeared wh oved to me on the basis of satisfactory evidence to be the person whose name is sub a to thin ' ument and acknowledged to me that he executed the same in his authorized capa i , a th b is s' ature on the instrument the person or the entity upon behalf of which the person ac cute instrument. I certify UNDER PENAPERT under the laws of the State of California that the foregoing paragraph is true and Corr Notary Pub11C - California Los Arl;*Ws County MVCWMb0 18P 1 t, 2011 Page 3 G: \ 4 � dots � Watt. Laurel Creek \ Phase 2 \ A nnexNotice.02.doc Exhibit A Description of Phase 2 Parcel 1 Those portions of Lot 5 and Lot 7 of Tract 2707 in the City of San Luis Obispo, County of State of California, as per Map filed in Book 31, pages 1 through 3, inclusive, of Maps in County Recorder of said County that are more particularly described and identified a "] Module" on that certain Phase 2 Condominium Plan for Laurel Creek (the "Phase 2 PI " Instrument No. 2009017707 in the Official Records of San Luis Obispo County, C Plan creates thirteen Units numbered 1201 -1209, 1701 - 1702, and 1801 -- 1802 soc' do Phase Common Airspace. the as e2 and Page 4 G: � 4 \ dots � Watt. Laurel Creek \ Phase 2 � AnnexNotice.02.doc END OF DOCUMENT