2011/06/16 Declaration Supplemental Community Declaration - Audie Murphy Ranch Lots 1-71RECORDING REQUESTED BY:
CHICAGO TITLE COMPANY
WHEN RECORDED, MAIL TO:
JACKSON, DeMARCO, TIDUS &
PECKENPAUGH (FSJ)
2030 Main Street, Suite 1200
Irvine, California 92614
OOC " o 0 2 -1 02OS S 54
Customer Cop Label
The paper to which this label is
afwithdthesrecordedndocumentd
Larry W Ward
County of Riverside
Assessor, County Clerk & Recorder
(Space Above for Recorder's Use)
SUPPLEMENTAL COMMUNITY DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
AUDIE MURPHY RANCH
(Lots 1 to 71, inclusive of Tract No. 31391-2)
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SUPPLEMENTAL COMMUNITY DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
. FOR
AUDIE MURPHY RANCH
(Lots 1 to 71, inclusive of Tract No. 31391-2)
THIS SUPPLEMENTAL COMMUNITY DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AUDIE MURPHY RANCH ("Supplemental
Community Declaration's is made by SUTTER MITLAND 01, LLC, a Delaware limited
liability company ("Declarant', BROOKFIELD AMR/FR LLC, a Delaware limited liability
company ("Brookfield AMR/FR'% and WOODSIDE AMR 107, INC., a California
corporation, ("Participating Builder'.
PREAMBLE:
A. Declarant is "Declarant" and Participating Builder is a "Participating Builder"
under that Community Declaration of Covenants, Conditions and Restrictions and Reservation of
Easements for Audie Murphy Ranch, which was Recorded on as Instrument
No. 2b - C ("Declaration', in the fficial Records of Riverside
County, California ( "Official Records'. The Community Declaration is binding upon all
Owners of residential Lots in the planned development known as Audie Murphy Ranch (the
"Community'.
B. Brookfield AMR/FR and Participating Builder own certain real property ("Added
Territory's in the unincorporated area of the County of Riverside, California, described as
follows:
Lots 1 to 71, inclusive of Tract No. _ 3139 -2 as show on a
Subdivision Map, Recorded in Boom at Pages to
inclusive, of Maps, in the Office of t e Riverside County
Recorder.
C. The Added Territory is part of the "Annexable Territory" as defined in the
Community Declaration.
D. Pursuant to Article XVI of the Community Declaration, Declarant and
Participating Builder now desire to add the Added Territory to the property already subject to the
Community Declaration as a Phase of the Community.
THEREFORE, DECLARANT DECLARES AS FOLLOWS:
1. Annexation of Added Territory. Declarant hereby declares that the Added
Territory is annexed to and made a part of the real property already subject to the Community
Declaration, as a Phase of development of the Community. This Supplemental Community
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Declaration constitutes a "Notice of Addition," as described in Section 16.4 of the Community
Declaration.
2. Membership in Association. Each Owner of one or more residential Lots in the
Added Territory shall automatically become a member of Audie Murphy Ranch Community
Association, a California nonprofit public benefit corporation ("Community Association', as
provided in Sections 4.4.1 and 16.4 of the Community Declaration.
3. Rights and Obligations of Owners. Pursuant to Section 16.3 of the Community
Declaration, upon recordation of this Supplemental Community Declaration, all provisions in the
Community Declaration will apply to the Added Territory in the same manner as if the Added
Territory were originally covered by the Community Declaration; provided, however, that (a)
Annual Assessments shall not commence in the Added Territory until the first day of the first
month following the date of the first Close of Escrow in the Added Territory, in accordance with
Sections 7.6.1 and 16.3 of the Community Declaration, and (b) the entitlement to cast
Community Association membership votes shall commence in the Added Territory when Annual
Assessments commence in the Added Territory. The voting rights of all Owners in the
Community are described in Article IV of the Declaration. Community Association rights and
obligations shall commence in accordance with Section 5 below and the Community
Declaration. Thereafter, the rights, powers and responsibilities of the Owners, lessees and
occupants of the Added Territory shall be the same as if the Added Territory were originally
covered by the Community Declaration. As provided in Section 16.3 of the Community
Declaration, the entitlement to vote shall commence as to all residential Lots within the Added
Territory when Annual Assessments commence on the Lots in the Added Territory. The voting
rights of all Owners in the Community are set forth in Article IV of the Community Declaration.
4. Maintenance Obligations. The maintenance obligations, enforcement powers
and rights of the Community Association, the Owners, Declarant and Participating Builders are
generally described in the Declaration. Upon the commencement of Annual Assessments in the
Added Territory, the Community Association shall (a) assume its maintenance obligations with
respect to the Added Territory, and (b) assume all enforcement powers and rights with respect to
the Added Territory.
5. Marketing Name. The Added Territory shall be marketed under the general
names referenced in Article 15 of the Community Declaration, unless and until changed by
Declarant in its sole and absolute discretion from time to time. Declarant shall notify the DRE of
any change in the name of the Added Territory under which it is marketed by Declarant.
6. Conformity with Development Plan. This Supplemental Community
Declaration is in conformity with the development plan currently on file with the DRE.
7. Amendment and Duration. This Supplemental Community Declaration may be
amended or terminated only by complying with the requirements of Sections 13.2 and 16.5 of the
Community Declaration. Unless amended or terminated, this Supplemental Community
Declaration shall continue in full force and effect for so long as the Community Declaration
remains in effect.
.2-
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8. Miscellaneous. The provisions of this Supplemental Community Declaration
shall run with all of the Added Territory, the Community, and the Community Common
Property, shall be binding upon all persons having or acquiring any interest in the Added
Territory, the Community, the Community Common Property, or any part thereof, shall inure to
the benefit of and burden every portion of the Added Territory, the Community, the Community
Common Property, and any interest therein, and shall inure to the benefit of, be binding upon,
and may be enforced by any Owner, Declarant, each successor in interest of Declarant,
Participating Builder, each successor in interest of Participating Builder, the Community
Association, and their successive owners and assigns. Except as otherwise provided herein, the
capitalized terms in this Supplemental Community Declaration shall have the same meanings as
are given such terms by the Community Declaration. Except as otherwise expressly provided
herein, all of the provisions of the Community Declaration are hereby incorporated by reference
as if fully set forth herein.
9. Exhibits. All exhibits to this Supplemental Community Declaration are
incorporated herein by this reference.
[SIGNATURES ON FOLLOWING PAGE]
-3-
5624-84058WOTCU 005888.2
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[SIGNATURE PAGE TO SUPPLEMENTAL COMMUNITY DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AUDIE MURPHYRANCH]
This Supplemental Community Declaration has been executed on AQ A
1.0 , to be effective as of the date of its Recordation.
SUTTER MITLAND 01, LLC,
a Delaware limited liability company
By:
Print Name: r
Title:---V
V1
Declarant
BROOKFIELD AMR/FR LLC,
a Delaware limited liability company
By:
Print Name:_ �Ji /1 r ,5�—
Title:. f
Brookfield AMR/FR
NOTARIAL ACKNOWLEDGMENT ONFOLLOWING PAGE%
-4-
5624-84058\NOTC\ 1005888.2
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STATE OF CALIFORNIA
COUNTY OF Q R/A N
On -1 tx ,) _ , Za t k , before me,er, L. lyLa 6iA A, 6 �•`c_
(here insert name and title of the of#imr)
personally appeared T��e e C M
who proved to me on the basis of satisfactory evidence to be the person(s} whose name(-) Ware -
subscribed to the within instrument and acknowledged to me that he/may executed the same in
his/heE4ha.ir authorized capacity(igs), and that by his/h gir signature{,&.) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signa e'er
STATE OF CALIFORNIA
COUNTY OF O QAnJ5 -9-
CATHERINE L. MARSH
Commission # 1789165
-m Notary Public - California
Orange County
(SEAL)
On 4NQ , avi,(, before me, C_ L. 60p rec &)�,OA e41. Z
(here insert name and title of the officer)
personally appeared �fJN-4 -5'
who proved to me on the basis of satisfactory evidence to be the persons) -whose name(-,}is/ate
subscribed to the within instrument and acknowledged to me that he/shel-key executed the same in
hisft heir authorized capacity(ies), and that by his/hcrAheir signature(&} on the instrument the
person(s), or the entity upon behalf of which the person(&} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
CATHERINE L. MAfiSH
Commission # 1789165
. Notary Public - California
Signa re: _ Orange County
MYComm. Wes Feb 14, 2012
(SEAL)
5 624-84058\NOTC\ l 005889.2
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[SIGNATURE PAGE CONTINUED TO SUPPLEMENTAL COMMUNITYDECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AUDIE MURPHY RANCH]
WOODSIDE AMR 107, INC.,
a California corporation
By:
Tim McGinnis, President
Participating Builder
STATE OF CALIFORNIA
COUNTY OF 1 \JPVS i d k
[( before me, ���� d
On �t; v� !L �ry�
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the rson(s) whose names) are
s scribed to the within instrument and acknowledged to me that the
executed the same in
l herltheir authorized capacity(ies), and that by i i er/their signature(s) can the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: {.
ANGELA CESPEDES
Commission # 1913073
Notary Public - California
Riverside County
M Comm. Ex Tres Noy 20.2014
(SEAL)
5624-84058\NOTC\ 1005888.2
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