HomeMy WebLinkAbout2017019044-1 Phase 7 Declaration of AnnexationRecording 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
05/02/2017 08:00 AM
Recorded at the request of:
FIDELITY TITLE CO
Titles: 1 Pages: 4
Fees: $23.00
Taxes: 0.00
Total: 23.00
IIII�;4�d1lK
SPACE ABOVE FOR RECORDER'S, USE
DECLARATION OF ANNEXATION
FOR
AVIVO
(Phase 7)
THIS DECLARATION OF ANNEXATION is made by CITYVIIJEW-LAMEL CREEK 178, L.P., a
Delaware limited partnership, ("Declarant") as the deve per of that ce idential real estate project
known as AVIVO ("Project").
WHEREAS, Declarant is the owner of that certain re erty located in the City of San Luis
Obispo, County of San Luis Obispo, State of Califo414'aWnB�k
a hase 7 Module, affecting Lots 3
and 4, inclusive, as shown in the Phase 7 Condomv' o, recorded on
MwL'� 31 120 Ill as instrument No. of Tract No. 2707 as per
Amending Map for Tract No. 2707 filed October 006�,1, 5, Pages 48 through 53, inclusive, of
Maps in the Office of the said County Recorde;�nn rritory" and "Annexed Territory"); and
WHEREAS, that certain Declar,
Easements for Avivo - (portions of Lots
November 12, 2015 as Instrum n No.
property ("Original Property" . ha e
Plan for Avivo recorded on o ve
e 1
15, 16 and 17 as shown n th c ain
35, Pages 48 through 5 , i c A
State of California; and in a irst A e
recorded on November 2 1 s Insi
-ofJCove,`n.-knt§Conditions, Restrictions and Reservation of
16 an 1 o Tract 2707) ("Declaration") was recorded on
057831 and any amendments thereto for the following real
u scribed and delineated in the Phase 1 Condominium
)15�lnstrument No. 2015057832, covering portions of Lots
ending Map for Tract No. 2707 filed October 6, 2015 in Book
, the Office of the County Recorder of San Luis Obispo,
ent to Phase 1 Condominium Plan for Tract No. 2707
ent No. 2015060112 in the Office of said County Recorder.
WHEREAS, of t eclaration provides that Declarant may, without the approval of
the Owners, add an ortions f he Annexable Territory (as defined in the Declaration) to the Original
Property and bring t nnexa I Territory within the plan and scheme of the Declaration provided that
said annexatio * in o e with the general plan submitted to the Bureau of Real Estate.
W EA , larant desires and intends that the Annexable Territory shall be annexed
pu ant tq h Declar and that all Owners, Mortgagees, Occupants, and other persons hereinafter
ac in an in est in the Annexed Territory, or any part thereof, shall at all times enjoy the benefits of
and s II Id t it ' terest subject to the rights, easements, covenants, conditions, restrictions and
obligation s forth in the Declaration.
[2707: AnnexationPh7: 07/27/16]
DOC #2017019044 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 the
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
which shall run with, the Annexed Territory and be binding on all parties having any rights, title or inter
therein, or in any part thereof, their heirs, successors and assigns, and shall inure to the ben it ch
owner of any portion thereof.
ARTICLE I
ce with the
ind easements
2
DOC #2017019044 Page 3 of 4
IN WITNESS WHEREOF, this Declaration of Annexation is made by Declarant on
201 !�_.
"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
By: SEAN BURTON
its: President
MQ.i-c 4t 31 .
A notary public or other offici completing this certifidate
verifies only the identity of th in ividual who signed the
document, to which this certifica i ttached, and not
the truthfulness, accuracy, or validi o hat document.
STATE OF CALIFORNIA)
COUNTY OF L0 5 ����� ) s .
On rcL- 23 lL 0 before me, f t
Notary Public, personally appeared:
Se- GL,n v C n
who proved to me on the basi a sfa o evide a to be the person(s) whose name(s) is/are
subscribed to the within instr ent c w d to me that he/she/they executed the same in
his/her/their authorized ca .t . a d at by his/her/their signature(s) on the instrument the
person(s) or the entity u or be if whir th person(s) acted, executed the instrument.
I certify under PENALTY OF�F�URY under the laws of the State of California that the
foregoing paragraph is true an c ect.
WITNESS an official seal.
J1,4 C4 , j On a �
(SEAL) tary rublic
INGRIO J. KOOPMAN
Commission +# 2045886
Notary Public - California
Los Angeles CMft
DOC #2017019044 Page 4 of 4
SUBORDINATION BY LIENHOLDER
COMERICA BANK, as Beneficiary under the following Deeds of Trust which covers the real props
described in the DECLARATION OF ANNEXATION FOR AVIVO (Phase 7) ("Declaration") to wh
instrument is attached, hereby subordinates the lien of said Deed of Trust to the recording of this
Declaration, and agrees that the liens of said Deed of Trust shall be subordinated to and subi cft
and every provision of the Declaration and any future amendments not affecting the beneficial in
The signing of this Subordination by Lienholder shall not
existing, if any, or future Assessment liens.
Deed of Trust recorded on June 3, 2014 as Instn
Records of the Riverside County Recorder.
COMERICA B
X
By. SKOE
VSKY
its: VICE 51NT
A notary public or other o c c pl his certificate
verifies only the identity f e vi al ho signed the
document, to w h this c rtif to ched, and not
the truthfulness, cc rac , o alid y of that document.
STATE OF
COUNTY OF Los ��) s .
On r it a before me,
Notary Public, personall pp d:
who proved to me on the basis f isfactory evidence % be the person(s) whose name(s).Ware
subscribed to the wit tr en n acknowledged to me that-he/sM/they executed the same in
Nis/har/their author; a caps ty 'es), and that by 4Wher/their signature(s) on the instrument the
person(s) or the ent t upon be If of which the person(s) acted, executed the instrument.
I ce ' un r NA OF PERJURY under the laws of the State of California that the
foregoing p r gra i rue and correct.
my hand and official seal.
AMKIE 1. S MMRSu-
NOWY PVW - Wfornin
Los Notary Pio ublic
ComftWwon 0 221742 9
-,7-eq.0
ZiF
CND OF DOCK ME-'NT