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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