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1 <br />6557.03/12309 <br /> <br />DECLARATIO <br />OF <br />COVEATS, CODITIOS AD RESTRICTIOS <br />ESTABLISHIG A PLA FOR CODOMIIUM OWERSHIP <br />OF <br />BLU HARBOR, <br />A CODOMIIUM PROJECT <br /> <br /> <br />This Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium <br />Ownership of Blu Harbor (the “Declaration”) is made on the date hereinafter set forth by the undersigned <br />(the “Declarant”) and is made with specific reference to the following facts: <br /> <br />A. Declarant is the owner of a certain tract of land located in the City of Redwood City, <br />County of San Mateo, State of California (the “Property”) which is shown and described on that certain <br />combined subdivision and condominium map entitled Final Map NO. 2014-04 (the “Map”) which was <br />recorded on [________________, 20__] in Book [___] of Maps, at Pages [___] through [___], inclusive, <br />in the Official Records of the County of San Mateo, State of California (the “Official Records”). <br /> <br />B. The Property is subject to all easements indicated on the Map, including without <br />limitation, the following (i) that certain non-exclusive easement of use of a roadway for ingress and <br />egress as created by easement deed from Leslie Salt Co. to Peter Uccelli, Jr., recorded March 3, 1965, <br />Book 4905, Page 412, in the Official Records (the “Ingress Egress Easement”), (ii) that certain Public <br />Access Area as created by Restriction Instrument No. _________ recorded April ___, , Book ___, Page <br />____ in the Official Records, (iii) the Public Access Easement (“P.A.E.”), Public Service Easement <br />(“P.S.E.”), and Emergency Access Easement (“E.A.E.”). Reference is made to the Map and the Ingress <br />Egress Easement for further detail. <br /> <br />C. The Map subdivides the Property into three parcels: Parcel 1, Parcel 2 and Parcel 3. The <br />Map describes the number of residential condominium units approved and entitled for Parcel 1 and Parcel <br />2. Parcel 3 shown on the Map contains a marina basin which is intended to be used for typical marina <br />purposes. <br /> <br />D. The Property may be operated as a single residential condominium project by Declarant <br />or the Association described herein pursuant to the terms of this Declaration. The Property any portion <br />thereof may also be further subdivided into two or more separate residential condominium projects by <br />amending the Map, or by recordation of additional subdivision maps, condominium maps or <br />condominium plan(s), and by amending or restating this Declaration or by recordation of an additional <br />declaration or declarations. Declarant reserves the right to record any further maps, declarations, <br />condominium plans or other documents in connection with the subdivision of the Property in connection <br />with condominium project(s) on the Property and any portion thereof. The Property and any portion <br />thereof may be developed in two or Phases as described herein this Declaration. <br /> <br />E. Declarant intends to develop portions the Property as a Common Interest Development <br />which shall be a condominium project as defined in California Civil Code Section 4125. The <br />Development is intended to be created in conformity with the provisions of the Davis-Stirling Common <br />Interest Development Act (Civil Code Section 4000 et seq.) (the “Davis-Stirling Act”), which provides <br />that a condominium shall consist of an undivided interest in common in a portion of real property coupled <br />with a separate interest in space called a unit. <br /> <br />7.1.K. - Page 5