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Home My WebLink About2017019045-1 Phase 8 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 2017019045 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 1111PIFIlMlim SPACE ABOVE DECLARATION OF ANNEXATION FOR AVIVO /� (Phase 8)00 THIS DECLARATION OF ANNEXATION is made by C IEW LAUREL CREEK 178, L.P., a Delaware limited partnership, ("Declarant") as the developer of that residential real estate project known as AVIVO ("Project"). WHEREAS, Declarant is the owner of that certain reap rtocaie�dln the City of San Luis Obispo, County of San Luis Obispo, State of California, desc ib d Phase 8 Module, affecting Lots 1, 2, an incI s e shown in the Phase 8 Condominium Plan for Avivo, recorded on 14 Nock C 0 as Instrument No. iDA' )6k Linq , of Tr ct 2 s per Amending Map for Tract No. 2707 filed October 06, 2015 in Book 35, Pa 48 thro h53, inclusive, of Maps, in the Office of the said County Recorder; and 0 Lots A, B, C and D of r ct 0 s e mending Map for Tract No. 2707 filed October 06, 2015 in Book 35, Pag ro h 3, inclusive, of Maps, in the Office of the said County Recorder ("Annexable Territory" and" ; and WHEREAS, that certain Dedar (f Covenants, Conditions, Restrictions and Reservation of Easements for Avivo — (portions of ots 1 , 16 7 of Tract 2707) ("Declaration") was recorded on November 12, 2015 as Instrument N 015 7 34 and any amendments thereto for the following real property ("Original Property"): Phase 1 dule as a cribed and delineated in the Phase 1 Condominium Plan for Avivo recorded on Novemb 201 Instrument No. 2015057832, covering portions of Lots 15, 16 and 17 as shown on thatpertabrinA n in ap for Tract No. 2707 filed October 6, 2015 in Book 35, Pages 48 through 53, inclusive, f a the Office of the County Recorder of San Luis Obispo, State of California; and in the First A ment t h se 1 Condominium Plan for Tract No. 2707 recorded on November 25, 2015 as Ins nt 150601 in the Office of said County Recorder. WHERE icl of the Declaration provides that Declarant may, without the approval of the Owners, add any port n of the Annexable Territory (as defined in the Declaration) to the Original Property and bring theAnnexable T rritory within the plan and scheme of the Declaration provided that said annexation is in bmance i the general plan submitted to the Bureau of Real Estate. WHEREAS; Declarant desires and intends that the Annexable Territory shall be annexed pursuant to the Declaration and that all Owners, Mortgagees, Occupants, and other persons hereinafter acquiring any interest in the Annexed Territory, or any part thereof, shall at all times enjoy the benefits of and shall hold their interest subject to the rights, easements, covenants, conditions, restrictions and obligations set forth in the Declaration. [2707\An nexation Ph8: 12/21 /16] DOC #2017019045 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 and easements set forth therein, all of which are for the purpose of protecting the value and desirability of, and which shall run ith, the Annexed Territory and be binding on all parties having any rights, title or interest therein, or in anyart thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner of any portion thereof. ARTICLE I FURTHER DECLARATIONS Declarant certifies and declares that this Declaration of Annexation is in accorda a with th rms Declaration and the general plan of the Bureau of Real Estate. ARTICLE II USE RESTRICTIONS The Annexed Territory shall be subject to the covenants, n tions, restrictions and easements set forth in the Declaration. 0 0 [SIGN R S D N IES ARE ON THE FOLLOWING PAGES] DOC #2017019045 Page 3 of 4 IN WITNESS WHEREOF, this Declaration of Annexation for Avivo (Phase 8) is made by Declarant on , 2011 "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 X— / /i ' By: SEAN BURTON its: President A notary public or other officer co ing this certificate verifies only the identity of the indivi I ho signed the document, to which this ce is a att h , and not the truthfulness, accuracy, o val" i tha document. STATE OF CALIFORIJIA ) COUNTY OF 4oS nSQ-" ) On r C 20 �'1 before me, r J , n\An Notary Public, personally ,app a ed: who proved to me on the ba is a i factor to the within instrument a ow d to authorized capacity(ies), an h by his e f upon behalf of which the per on ted, exe n Jdence to be the person(s) whose name(s) is/are subscribed a that he/she/they executed the same in his/her/their r signature(s) on the instrument the person(s) or the entity ted the instrument. I certify under P NA Y F RJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS—myh fficial seal. (SEA INGRIO J. KOOPMAN Commission # 204588 Notary Public - California Los Apples County N4t#y Public 101 DOC #2017019045 Page 4 of 4 SUBORDINATION BY LIENHOLDER COMERICA BANK, as Beneficiary under the following Deeds of Trust which covers the real property described in the DECLARATION OF ANNEXATION FOR AVIVO (Phase 8) ("Declaration") to whichi 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 subje to every provision of the Declaration and any future amendments not affecting the beneficial interest. signing of this Subordination by Lienholder shall not constitute said Lienholder's subordina i n to existing, if any, or future Assessment liens. Deed of Trust recorded on June 3, 2014 as Instrument No. 2014-021886, of the i ' I Records of the Riverside County Recorder. COMERICA B K r" By. SKY By: i its: SVrEPORNT its: DIORIO SR. VIC A notary public or other offi e o let7that is certificate verifies only the identity o t e i i i signed the document, to whi this c ifi is ad, and not the truthfulness, a cyrgcy, or Iidit document. STATE OF COUNTY OF �aS {�,�cl��jO) ss. , uc_ On Y' i 1 2 before me, r G- rJ Notary Public, personally who proved to me on the sis o a i factoryevidence to be the person(s) whose name(s) .is/are subscribed to the within instrume c ow d ed to me that#e/she/they executed the same in his/iler/their authorized capacity(i s , and t t y hasher/their signature(s) on the instrument the person(s) or the entity upon behalf of which th person s acted, executed the instrument. I certi d P OF PERJURY under the laws of the State of California that the foregoing paragraph is r e an c ect. IT my hand and official seal. IE L. 8MWER8 /' gpgry Pubik - Cslgomis Los s COW" AL) Cnission +s 2 2 Z Notary Public w Comm. E 4 CND 0F DOCU'lic_N i