Loading...
2011/06/16 Declaration Supplemental Community Declaration - Audie Murphy Ranch Lots 1-109DOC = 201 1-026G 168 06/16/2011 RECORDING REQUESTED BY: CHICAGO TITLE COMPANY WHEN RECORDED, MAIL TO: JACKSON, DeMARCO, TIDUS & PECKENPAUGH (FSJ) 2030 Main Street, Suite 1200 Irvine, California 92614 Customer Copy Label The paper to which this label is affixed has not been compared with the recorded document Larri W Ward County o 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 109, inclusive of Tract No. 31391-3) 5624-84058\NOTC\l005889.2 6/8/11 SUPPLEMENTAL COMMUNITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AUDIE MURPHY RANCH (Lots 1 to 109, inclusive of Tract No. 31391-3) 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, ("ParticipatingBuilder'�. 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. - ' ( "Declaration "), in the Official 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. Declarant, 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 109, inclusive of Tract No. 31391-3, as shown on a Subdivision Map, Recorded in Book, at Pages 2Z_ to inclusive, of Maps, in the Office of the 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, as the owner of the Added Territory, 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 -1- 5 624-8405 8 NOTO 1005 8 89.2 6/8/11 Community. This Supplemental Community 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- 5 624-8405 KNOT01005889.2 6/8/11 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- 5624-84058\NOTC\ 1005889.2 6/8/11 [SIGNATURE PAGE TO SUPPLEMENTAL COMMUNITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AUDIE MURPHYRANCH] This Supplemental Community Declaration has been executed on V V r C I -zo , to be effective as of the date of its Recordation. SUTTER MITLAND 01, LLC, a Delaware limited liability company By: Print Name: _ In .7r 5 Title: U • F, Declarant BROOKFIELD AMR/FR LLC, a Delaware limited liability company By: _ZZ2::. Of Print Name: /] r -T. Title:V Brookfield AMR/FR NOTARIAL ACKNOWLEDGMENT ONFOLLO WING PAGE] -4- 5624-84058 WOTC\1005889.2 6/8/11 STATE OF CALIFORNIA COUNTY OF D/�Q,rJS er On k ve r7 6/ ! , before me, (a L. 11rl�.��I e at er Y�(' l " (here insert name and title of t}ie officer) V personally appeared .vrJ.' J •�. o� who proved to me on the basis of satisfactory evidence to be the person(4 whose name(} is/are-- subscribed to the within instrument and acknowledged to me that he/sheM3gy executed the same in his/herdheir authorized capacity(ies), and that by his/l ieir signature(&}- on the instrument the persons} 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. Slgna STATE OF CALIFORNIA AIHERINE t- MA9H 165 Cmission # Cooary Public . Cllt rnla Z orange sFeb14,2012 (SEAL) COUNTY OF -� On e _ d�/!, before me, (here insert name and title ❑ the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s} is/arm-- subscribed to the within instrument and acknowledged to me that he/sho4hey executed the same in his/her4heir authorized capacity(i*s), and that by his/heFAheir signature(4) 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. tJ Signatur CAFHERINE L. MARSH^ - Cammisslon # 1789165 P!ntary Public Calltornla _ Orange County I, VCorM- eesFeb1a,2012 (SEAL) 5624-84058\NOTC\1005889.2 6/8/11 [SIGNATURE PAGE CONTINUED TO SUPPLEMENTAL COMMUNITY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AUDIE MURPHY RANCH] WOODSIDE AMR 107, INC., a California corporation By: Tim McGinnis, President STATE OF CALIFORNIA COUNTY OF � A).Q \ ,before me, Participating Builder �k- n c'\e-La` Cespe cue S (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ' we subscribed to the within instrument and acknowledged to me that(&she/they executed the same in . �1 her/their authorized capacity(ies), and that by i. er/their signature(s) on the instrument the DD on(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: ANGEEA CESPEDES Commission 0 1913873 -�► Notary Public - California Riverside County -' My Comm. Expires Nov20. 2014 (SEAL) 5624-8405M OT01005889.2 6/8/11