Loading...
HomeMy WebLinkAbout2015057835-1 Phase 2 Declaration of AnnexationRecording Requested By Fidelity National Title Recording Requested By: 'rr�9F�N�t cow-�� 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