HomeMy WebLinkAbout2015057835-1 Phase 2 Declaration of AnnexationRecording Requested By
Fidelity National Title
Recording Requested By:
'rr�9F�N�t
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When Recorded Mail to:
MURAKAMI LAW OFFICE
371 Van Ness Road, Suite 130
Torrance, CA 90501-6295
F SLC-- SNIC,C)C O 1
TOMMY GONG
- -
ASK -
San Luis Obispo County—Clerk/Recorder
11/12/2015
Recorded at the request of
11:49 AM
Fidelity Title Company
Doc # : 2015057835
Titles: 1
a es: 4
Fees
23.00
Taxes
0.00
Oth
00
DECLARATION OF ANNEXATION FOR
AVIVO
(Phase 2)
THIS DECLARATION OF ANNEXATION is made by CITYVIEW LAURIEL, CREEK 178, L.P., a
Delaware limited partnership, ("Declarant") as the developer of tha ce��rdntial real estate project
known as AVIVO ("Project").
WHEREAS, Declarant is the owner of that cert I property located in City of San Luis
Obispo, County of San Luis Obispo, State of California, de ri d as Phase 2 Module, those certain
portions of Lots 15, 16 and 17, as shown in the Phas on i ium Plan for Avivo, of Tract No. 2707
as per Amending Map for Tract No. 2707 filed Oct 15 i ok 35, Pages 48 through 53,
inclusive, of Maps in the Office of the said County eco (' nexable Territory" and "Annexed
Territory"); and 0
WHEREAS, that certain Declaration C en ts, onditions, Restrictions and Reservation of
Easements for Avivo — (portions of Lots a 1 of Tract 2707) ("Declaration") was recorded on
tJov,"eir t?,, 20 a nstru n ZU1SOS7934 and any
amendments thereto for the fMndo
ing e I prope "Original .Property"): Phase 1 Module as described
and delineated in the Phase in m Plan f r Avivo recorded concurrently with the recording of
said Declaration and cove n po i so o , 6 and 17 as shown on that certain Amending Map for
Tract No. 2707 filed Oct o e , in oo Pages 48 through 53, inclusive, of Maps, in the Office of
the County Recorder of ui Obis , ate of California.
WHEREAS, Art cle III o e eclaration provides that Declarant may, without the approval of
the Owners, add any p s f the xable Territory (as defined in the Declaration) to the Original
Property and bring the Anne b Territory within the plan and scheme of the Declaration provided that
said annexation is ' fo an th the general plan submitted to the Bureau of Real Estate.
WHERE Declara t desires and intends that the Annexable Territory shall be annexed
pursuant to the D cl ation n that all Owners, Mortgagees, Occupants, and other persons hereinafter
acquiring TiOfflere inie nnexed Territory, or any part thereof, shall at all times enjoy the benefits of
and shall it ' terest subject to the rights, easements, covenants, conditions, restrictions and
oblioati s set fort in'the Declaration.
N EREFORE, Declarant, as the recorded owner of the Annexable Territory, for the
purp a set h bove, hereby declares that all of the Annexable Territory is annexed pursuant to the
Declara ' n nd shall be held, sold and conveyed subject to the covenants, conditions, restrictions and
easement s t forth therein, all of which are for the purpose of protecting the value and desirability of, and
hich sh I r n with, the Annexed Territory and be binding on all parties having any rights, title or interest
th i r i any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each
o any portion thereof.
[2707: AnnexationPh2: 10/30/15]
�F
ARTICLE I
FURTHER DECLARATIONS
Declarant certifies and declares that this Declaration of Annexation is in accordance with the
terms of the Declaration and the general plan of the Bureau of Real Estate.
ARTICLE II
USE RESTRICTIONS
The Annexed Territory shall be subject to the covenants, conditions, re ri 'on n a ments
set forth in the Declaration.
4 GES]
IN WIT ESS WHEREOF, this Declaration of Annexation is made by Declarant on
20 1 .
"Declarant"
CITYVIEW LAUREL CREEK 178, L.P.,
a Delaware limited partnership
By: CITYVIEW LAUREL CREEK, LLC,
a Delaware limited liability company
Its: ZGenrat Partner
X
By: SEAN 131JRTON
its: President
"o-2C,
A notary public or other officer completing this ce?tific
verifies only the identity of th ' dividual who signe the
document, to which this certi i t 's attached, and not
the truthfulness, accuracy, or va i 'ty f that document.
STATE OF CALIFORN�A )
COUNTY OF
On before me, co
Notary Public, personally appeared. Q /n
who proved to me on the basis of
subscribed to the within instruna�eeii
his/he4#wir authorized cap
person or the entity upon b
I certify under
foregoing paragraph is
(SEAL)
WITNESS my hand a
atisf c ry evid to —be the personXwhose name is/are-
and c owledg 0 to me that he/sheitlisy executed the same in
nd a s/ it signaturesj on the instrument the
a h' h t son(, acted, executed the instrument.
FP-PERJ under the laws of the State of California that the
seal.
—� ANGELA ADRIATICO
Commission # 1974594
i + Notary Public - California D
Los Angeles County
My Comm. Expires May 6, 2016
SUBORDINATION BY LIENHOLDER
COMERICA BANK, as Beneficiary under the following Deeds of Trust which covers the real propert
described in the DECLARATION OF ANNEXATION FOR AVIVO (Phase 2) ("Declaration") to which ti ss
instrument is attached, hereby subordinates the lien of said Deed of Trust to the recording of t is
Declaration, and agrees that the liens of said Deed of Trust shall be subordinated to and subject h
and every provision of the Declaration and any future amendments not affecting the bene ' ial i rest.
The signing of this Subordination by Lienholder shall not constitute said Lienholder's su o dinati any
existing, if any, or future Assessment liens.
Deed of Trust recorded on June 3, 2014 as Instrument No. 2014-021886, Offic
Records of the Riverside County Recorder.
RIABANK () /�� 0
STATE OF'�C0.��4v-w �k
COUNTY OF VLbS 1tvi al e (
On !l U✓
Notary Public, per
,. ��4 h.-
who proved to ME
subscribed to the
4is/h®r/their authc
person(s) or the e
PHIUP OIORIO
SR. VICE PRESIDENT/GROUP MANAGER
me, 4rcl-Nk
satisfactory evidence to 46e the person(s) whose name(s)..is/are
i%nd acknowledged to me that he/she/they executed the same in
sy, and that by Ws/her/their signature(s) on the instrument the
If of which the person(s) acted, executed the instrument.
( OF PERJURY under the laws of the State of California that the
correct.
END OF DOCUMENT