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HomeMy WebLinkAbout2016036333-1 Phase 6 Declaration of Annexation2016036333 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 at the request of FIDELITY TITLE CO Titles: 1 Pages: 4 Fees: $23.00 Taxes: $0.00 Total: $23.`000 �+ I � u I III DECLARATION OF ANNEXATION FOR AVIVO (Phase 6) 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 a portion of Lot 14, as shown in the Phase 6 C Amending Map for Tract No. 2707 filed October 06, 015// Maps in the Office of the said County Rear. (" ek% WHEREAS, that certain Declaration Easements for Avivo — (portions of Lots 1 November 12, 2015 as Instrument No. property ("Original Property'): Phase 1 ode Plan for Avivo recorded on Noe ber , C 15, 16 and 17 as shown on h t c n e 35, Pages 48 through 53, i c s , f ps.. State of California; and/6" h it Am d recorded on November 25. 2 1Ta a nstru e (0 CREEK 178, L.P., a ial real estate project ty located in the City of San Luis Phase 6 Module, affecting Lot 12 br Avivo, of Tract No. 2707 as per Pages 48 through 53, inclusive, of V" and "Annexed Territory"); and o na ts; C ditions, Restrictions and Reservation of f�aan 1 f Tract 2707) ("Declaration") was recorded on i783 a ny amendments thereto for the following real e a d scnbed and delineated in the Phase 1 Condominium 5 as n trument No. 2015057832, covering portions of Lots Op for Tract No. 2707 fled October 6, 2015 in Book ffice of the County Recorder of San Luis Obispo, t to Phase 1 Condominium Plan for Tract No. 2707 t No. 2015060112 in the Office of said County Recorder. WHEREAS, Art I of thee"e laration provides that Declarant may, without the approval of the Owners, add any po ion a Annexable Territory (as defined in the Declaration) to the Original Property and bring t n ab ritory within the plan and scheme of the Declaration provided that said annexaionisi on ce ith the general plan submitted to the Bureau of Real Estate. WHEREA eclara t esires and intends that the Annexable Territory shall be annexed pursuant to a ra that all Owners, Mortgagees, Occupants, and other persons hereinafter acquiring n e st i Annexed Territory, or any part thereof, shall at all times enjoy the benefits of and sha I h Id the' in rest subject to the rights, easements, covenants, conditions, restrictions and obligat' ns et forth i e Declaration. t2707: AnnexationPh6: 01/27/16] DOC #2016036333 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 t Declaration and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and\ 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 re! therein, or in any part thereof, their heirs, successors and assigns, and shall inure to the benefit—ofeach owner of any portion thereof. ARTICLE I FURTHER Declarant certifies and declares that this Declaration of Anexation is in accordance with the terms of the Declaration and the general plan of the Bureau of Refilstate. ARTI USE The Annexed Territory shall be subject to the ov ntitions, restrictions and easements set forth in the Declaration. o � a o� [SIG J NO /ES ARE ON THE FOLLOWING PAGES] DOC #2016036333 Page 3 of 4 IN WITNESS WHEREOF, this Declaration of Annexation is made by Declarant on 1Co DOC #2016036333 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 6) ("Declaration") to which t is instrument is attached, hereby subordinates the lien of said Deed of Trust to the recording of th' mach Declaration, and agrees that the liens of said Deed of Trust shall be subordinated to and subje and every provision of the Declaration and any future amendments not affecting the benefi rest. The signing of this Subordination by Lienholder shall not constitute said Lienholder's sub r�ifiatiQn any existing, if any, or future Assessment liens. Deed of Trust rec Records of the Ri COME ICA BANK X By: its: PR SR. VICE PRESI[ STATE OF COUNTY OF On" Notary Public, who proved to me on subscribed to the with his/herttheir authors person(s) or the e ti� I certify foregoing para—g KU\/s stactory evidence to be the person(&) whose name(&) Istare id acknowledged to me that he/she/they executed the same in and 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. and official seal. (SEAL) rnnne.c Commission N 1998350 -s Notary Public - California _ t Los Angeles County \ Vu„ rnmm. Ezoifes Nov 16, 2( Oka' Notary Public END OF DOCUMENT