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Home My WebLink About2010022359-1 Phase 3 Notice of AnnexationJULIE RODEWALD SN Recording Requested By San Luis Obispo County— clerk/Recorder 5/13/2010 Fidelity National TO Recorded at the request of 8:00 AM Fidelity Title Company RECORDING REQUESTED BY: Fidelity National Title Company Order No. 09-405102118-B-RB WHEN RECORDED RETURN TO: LEVEN & SELIGMAN LLP (LSM) 1801 Century Park East, Suite 2200 Los Angeles, CA 90067 D O C#: 2010022359 Titles: 1 Pages: 4 Fees 23.00 Taxes 0.00 Oth s _ 0.00 PAID 23.00 g`, ;° TY NA L T PHASE 3 NOTICE OF ANNEXATION HA EQUEST D , HAT DOCUMENT TO BE ORDER T BEEN EXAMINED AN FOR LAUREL CREEK ONL . ON REG UFFICIENCY OR EFFECT ON TITLE TO THE PROPERTY HEREIN THIS PHASE 3 NOTICE OF ANNEXATION TO LAUREL,CREEK dateO as of May 6, 2010, for reference purposes only (this "Notice'), is made by CITYVIEW EL K 178, L.P., a Delaware limited partnership (herein, "Declarant"), with reference to the followin cts A. Declarant is the owner of certain real p situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, more partic r described on Exhibit A attached hereto (herein, "Phase 3"). �� B. Phase 3 is part of the real p erry in efinition of Annexable Property set forth in that certain Amended and Restated aNrattironu;C ditions, Covenants and Restrictions and Reservation of Easements for Laurel Creek dov ber 6, 2008 (as now or hereafter amended, supplemented, and/or replaced, the "C d on November 26, 2008, as Document No. 2008058966 in the Official Records of San"ty, California. C. Pursuant to . e CC , Declarant has the right, without the written assent of the City, the Association or i e r , to ex ase 3 to the Project and thereby to subject Phase 3 to the CC&Rs and the iurisdictign o th sso ' ti D. Declara �!' es t ex Phase 3 to and into the condominium community known as "Laurel Creek" pursuant o e rovisi of the CC&Rs and to establish, adopt and impose on Phase 3 the terms, covenants, conditi •ta . ns, restrictions, easements, reservations, liens and charges (collectively, the "Protective Cove s for the CC&Rs for the purpose of enforcing, protecting and preserving the value, desirab' d attr veness of Phase 3 and the Project. NOW, E clarant hereby declares that Phase 3 is hereby annexed to and made a part of the P d 3 is, and shall be, held, sold, conveyed, hypothecated, encumbered, leased, rented, us , occup. d d improved subject to the Protective Covenants, all of which are declared and a d to be in fur th ance of a general plan for the subdivision, improvement, protection, use, ma' to nce ale of all of Phase 3 and all of which are declared and agreed to be for the purpose of enhanc' ain ' g and protecting the value, attractiveness and desirability of Phase 3 and every part thereof. 11 of the Protective Covenants are equitable servitudes enforceable by Declarant, the Association n all owners of all or any portion of the Project (which shall include Phase 3 from and after nnex Date defined below) against all other owners, tenants or occupants thereof, and shall run wi e a d, shall be binding on and shall inure to the benefit of all parties having or acquiring any right, tit a or interest in the Project or any part thereof, their heirs, successors and assigns. Page 1 G: � 4 � docs � Watt. Laurel Creek \ Phase 3 \ An nexNotice.04.doc ARTICLE 1 DEFINITIONS Section 1.1 Definitions. All terms with initial capitalized letters used but not otherwis erm this Notice shall have the meanings set forth therefor in the CC&Rs. From and after the Anne ' n (defined below), Units shall include the Units in Phase 3; Association Property s lude Association Property in Phase 3; and Common Airspace shall include the Common Airspa6ehase 3. ARTICLE 2 ANNEXATION DATE, OTHER OBLIGATIONS AND RIGJITS Section 2.1 Annexation Date. As permitted and provided in the CC&R , eclaran h reby exes Phase 3 to, and makes it a part of, the Project. Said annexation shall e f tive i ediately upon the date of the closing (herein, the "Annexation Date') of the first s to clos or a ale of a Phase 3 Unit to a bona fide purchaser pursuant to a Public Report issu d y the Califis Department of Real Estate. By virtue of such annexation, Phase 3 (including the i , Associatio roperty and Common Airspace comprising Phase 3) is and shall be subject to each and 11 f the Protec ' e 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 3 Unit shall automatically become an Owner and a Member of the AssociatforiEach such Owner, by acceptance of a deed therefor, whether or not it shall be so expressed lilisu de all be deemed to have agreed to and shall be liable for the performance of all duties anohs,.setforth in the CC&Rs, the Articles and Bylaws including, but not limited to, tlaym o 11 sments which may be levied by the Association against said Owner's Phase 3 Unit ' ac or a ce 'th the Protective Covenants as set forth in such CC&Rs. The assessments as to all Phase s 1 co mence on the first day of the month which immediately follows the Annexation Date. Section 2.3 Voting Rights. From a after th nnexation Date, each Owner of a Phase 3 Unit shall be entitled to voting rights as r in CC& Section 2.4 Right of xa Declarant hereby expressly reserves the right to unilaterally de -annex Phase 3 from Pr J t d fro t e scheme of the CC&Rs and/or to unilaterally amend this Notice, or any provision e , at a prior to the Annexation Date. Section 2.5 Easements Re d. All easements reserved for the benefit of Declarant in the CC&Rs are hereby reserved T.Decla nt the Units and the Association Property in Phase 3, together with the right to grant trans r e same, as provided in the CC&Rs. All easements reserved for the benefit of each of Project nits in the CC&Rs are hereby reserved over, upon and through the Association Pro er cl a t does also hereby reserve an easement of access in and through the Common A=P or the benefit of the Association. Se ' n 2. Appurtenant Easements. Declarant hereby grants to each Owner of a Phase 3 Unit a non c ive se ent appurtenant to his/herJtheir Phase 3 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. ection 2.7 Association Property, Obligations. The Association Property in Phase 3 shall be conveyed o e Assoc'a 'on immediately prior to or as of the Annexation Date and shall thereafter be maintained by th s 'a ' n in accordance with the terms of the CC&Rs, subject, however, to the terms and provisions of that cer m Street Maintenance Agreement by and between the Association and Declarant recorded on Page 2 G: � 4 \ docs \ Watt. Laurel Creek � Phase 3 \ AnnexNotice.04.doc November 26, 2008, as Instrument No. 2008058968 in the Official Records as the same may now or hereafter I— amended. IN WITNESS WHEREOF, Declarant has causec officer(s) as of the date first set forth above. "Declarant" CityView Laurel Creek 178, L.P., a Delaware limited parr By: Watt Communities CV Manager LLC, a Californi its authorized agent By: Watt Communities LLC, a California Jim its sole Member Attached Exhibit A: Description of Phase 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On /I U appeared the person whose name is same in his authorized ca behalf of which the nersor I certify UNDER PE: paragraph is true and WITNESS my hand Notary before / a Notary Public, personally who p oved to me on the basis of satisfactory evidence to be un ' •ument and acknowledged to me that he executed the �-sghature on the instrument the person or the entity upon under the laws of the State of California that the foregoing R. ROSEBROOK CommWlon #f 1767141 Notary Public - Ca0lOtnla W WLos AngM t County #*CWM80"ftP11.3011 Page 3 G:�4�docs�Watt.Laurel Creek\Plwse 3\AnnexNotice.04.doc Exhibit A Description of Phase 3 Parcel 1 That portion of Lot 6 of Tract 2707 in the City of San Luis Obispo, County of San Luis Obi o, to of California, as per Map filed in Book 31, pages 1 through 3, inclusive, of Maps in the Offi of th i Recorder of said County that is more particularly described and identified as the "Ph Modul " that certain Phase 3 Condominium Plan for Laurel Creek (the "Phase 3 Plan") recorde ay 4 as Document No. 2010020581 in the Official Records of San Luis Obispo County, ia, hi h 3 Plan creates the following interests: nine Units numbered 1401--1409, Phase mm rsp e Association Property. Page 4 G:\4\docs\Watt.LaureI Creek `Phase 3 \ AnnexNotice.04.doc ND OF DOCUMENT