HomeMy WebLinkAbout2016036331-1 Phase 5 Declaration of Annexation2016036331
Recording Requested By:
Recording Requested By
Fidelity National Title
When Recorded Mail to:
MURAKAMI LAW OFFICE
371 Van Ness Road, Suite 130
Torrance, CA 90501-6295
Tommy Gong
San Luis Obispo - County Clerk -Recorder
07/28/2016 08:00 AM
Recorded tthe r
FIDELITY TITLECest of:
O
Titles: 1 Pages: 4
Fees: $23.00
Taxes: MOO
Total: 23.00
1II91 fiiiifi *'
DECLARATION OF ANNEXATION
FOR
AVIVO
(Phase 5)
THIS DECLARATION OF ANNEXATION is made by CITY
Delaware limited partnership, ('Declarant') as the developer of that
known as AVIVO ("Project').
WHEREAS, Declarant is the owner of that certain
Obispo, County of San Luis Obispo, State of Californi ,
and 13, and a portion of Lot 14, as shown in the Ph
as per Amending Map for Tract No. 2707 filed Oct r 0
inclusive, of Maps in the Office of the said�County e o
Territory"); and �
WHEREAS, that certain D
Easements for Avivo - (portions of
November 12, 2015 as Instrument
property ("Original Property"):a
Plan for Avivo recorded on e
15, 16 and 17 as shown o t at
35, Pages 48 through u i e
State of California, an i th F' st
recorded on Novembe15
WHEREAS,
the Owners, add an
Property and brin tl
said annexation it
(0
LEEK 178, L.P., a
real estate project
ty located in the City of San Luis
Phase 5 Module, affecting Lots 11
d1 Plan for Avivo, of Tract No. 2707
iok 35, Pages 48 through 53,
able Territory" and "Annexed
Iclarati C e nts`Conditions, Restrictions and Reservation of
Lots and 1 o ract 2707) ("Declaration") was recorded on
No. 150578 4 n any amendments thereto for the following real
se 1 dule as scribed and delineated in the Phase 1 Condominium
1 2 1 strument No. 2015057832, covering portions of Lots
in m ap for Tract No. 2707 filed October 6, 2015 in Book
,0 a in the Office of the County Recorder of San Luis Obispo,
men e t to Phase 1 Condominium Plan for Tract No. 2707
In rument No. 2015060112 in the Office of said County Recorder.
the Declaration provides that Declarant may, without the approval of
e nnexable Territory (as defined in the Declaration) to the Original
rritory within the plan and scheme of the Declaration provided that
with the general plan submitted to the Bureau of Real Estate.
WH AS\Deelariryt'desires and intends that the Annexable Territory shall be annexed
pursuant larbtren-and that all Owners, Mortgagees, Occupants, and other persons hereinafter
acquirin a y inte ' stip the Annexed Territory, or any part thereof, shall at all times enjoy the benefits of
and sh I d their in st subject to the rights, easements, covenants, conditions, restrictions and
oblibation e orth in the Declaration.
[2707: AnnexationPh5: 01/27/16]
DOC #2016036331 Page 2 of 4
NOW, THEREFORE, Declarant, as the recorded owner of the Annexable Territory, for the
purposes set forth above, hereby declares that all of the Annexable Territory is annexed pursuant to tM
Declaration and shall be held, sold and conveyed subject to the covenants, conditions, restrictions an
easements set forth therein, all of which are for the purpose of protecting the value and desirability of, a
which shall run with, the Annexed Territory and be binding on all parties having any rights, title ere
therein, or in any part thereof, their heirs, successors and assigns, and shall inure to the benefit c
owner of any portion thereof.
O
ARTICLE I
FURTHER DECLARATIONS
Declarant certifies and declares that this Declaration of A e i is in a or with the
terms of the Declaration and the general plan of the Bureau of R al state.
ARTICLE II
USE REST TIONS
The Annexed Territory shall be subject to the co a s, conditions, restrictions and easements
set forth in the Declaration.
O
RE ON THE FOLLOWING PAGES]
DOC #2016036331 Page 3 of 4
IN WITNESS WHEREOF, this Declaration of Annexation is made by Declarant on
20
"Declarant"
CITYVIEW LAUREL CREEK 178, L.P.,
a Delaware limited partnership
By: CITYVIEW LAUREL CREEK, LLC,
a Delaware limited liability company
its: General Partner
X A
By: SEAN BURTON
its: President
A notary public or other officer
verifies only the identity oft e
document, to which this ce ifi
the truthfulness, accuracy, or
STATE OF C LIFORN
COUNTY OF E>
On VlA
Notary Public, personally
who proved to me on the basis of
subscribed to the within instrurmer
his/her4heir authorized cape, t4 '(Y e
person$) or the entity upo ehal
111 �
I certify under
foregoing paragraph 0
WITNESS my
(SEAL)alCormilknoeles
LN AWMAW V
ubllc California
County
ssion x 2148591
is attached, and not
itv of that document.
before me, l C V
vi c" be the persoWwhose name is/are,
Nle d to me that he/s4eA4a,*executed the same in
by is herkhek signature(4 on the instrument the
e on(y6 acted, executed the instrument.
under the laws of the State of California that the
DOC #2016036331 Page 4 of 4
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 5) ("Declaration") to which t is
instrument is attached, hereby subordinates the lien of said Deed of Trust to the recording oft is��
Declaration, and agrees that the liens of said Deed of Trust shall be subordinated to and subjec ac
and every provision of the Declaration and any future amendments not affecting the beneffieFwAerest.
The signing of this Subordination by Lienholder shall not constitute said Lienholder's subany
existing, if any, or future Assessment liens.
Deed of Trust recorded on June 3, 2014 as Instrument No. 2014-021886,
Records of the Riverside County Recorder.
CO CA BANK
X 5vr
By:
its:
`w - PHRIP OIORIO
SR. VICE PRESIDENT/GROUP MANAGER
STATE OF
COUNTY OF
On J U
Notary Public,, peers
v—i -
who proved to me i
subscribed to the v
his/her/their author
person(s) or the ehj
foregoing
ESS
(SEAL)
A notary public or other
verifies only the identity
document, tow ich this
the truthfulnesccura
By:
its:
i21 this certificate
signed the
ached, and not
that document.
LToreme.
rc- IJ ki !, 4 God-PrS ,
Q
sfactory evidence to be the person(s) whose name(s) is/are
1d acknowledged to me that he/she/they executed the same in
land that by his/her/their signature(s) on the instrument the
which the person(s)-acted, executed the instrument.
' OF PERJURY under the laws of the State of California that the
correct.
d and official seal.
FRANKIE L. SANDERS �y
Commission # 1998350 otary Public
Notary Public • California =
Los Angeles County
END OF DOCUMENT