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Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981
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Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981
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Last modified
9/3/2015 12:40:49 PM
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9/3/2015 12:35:33 PM
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Recorded Docs - Type
Declaration
Subject
Recision of Enabling Declaration Establishing
Doc Num
18803AS
Rec Date
2/27/1981
Parties
Pelican Cove Development Co.
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• .� 0 <br /> tom.. r ....i.. - r f".. <br /> F. No Separate Conveyance of Undivided Interests: <br /> The foregoing interests are hereby established and are to be <br /> conveyed with the respective units as indicated above, cannot <br /> be changed, except as herein set forth, and Declarant, its <br /> y,, successors, assigns and grantees covenant and agree that the <br /> gH interests in the common areas and the fee title to the respective <br /> . units conveyed therewith, shall not be separated or separately <br /> conveyed, and each such interest shall be deemed to he conveyed <br /> or encumbered with its respective unit even though the description <br /> ..) in the instrument of conveyance or encumbrance may refer only <br /> N to the fee title to the unit. <br /> 2. 3 Partition Prohibited: The common areas shall <br /> remain undivided as set forth above. Except as provided by <br /> California Civil Code 51354, no owner shall bring any action <br /> for partition, it being agreed that this restriction is necessary <br /> w <br /> o <br /> in order to preserve the rights of the owners with respect to <br /> w the operation and management of the project. Judicial partition <br /> by sale of a single unit owned by two or more persons and <br /> division of the sale proceeds is not prohibited hereby, A <br /> but partition of title to a single unit is prohibited. <br /> g No unit may be partitioned or subdivided without the prior <br /> written approval of at least the holder of any first mortgage t•l <br /> lien on such unit. 4I <br /> ✓ vI <br /> aM 2.4 Annexation of Additional Parcels: Additional <br /> property may be annexed to and become subject to this Declaration <br /> by any of the following methods set forth in this Section. The <br /> effects of annexation shall be as follow's: Upon annexation, <br /> the additional property shall become subject to this Declaration <br /> without the necessity of amending individual sections hereof. <br /> A. Annexation Pursuant to Plan: All or any <br /> portion of the property desc d in Exhibit "A" may be annexed <br /> to and become a part of the project, subject to this Declaration, <br /> and subject to the jurisdiction of the Association, without the <br /> assent of the Association or its members, or without the assent <br /> of the condominium owners, on condition that: <br /> ( 1 ) Date for Annexation: Any annexation <br /> pursuant to this section shall be made prior to the third <br /> anniversary of the original issuance of the most recently <br /> issued public report for a phase of the project. <br /> (2) DRE Approval: The annexation and <br /> development of additional parcels shall be in accordance with a <br /> plan of development approved by the Department of Real Estate <br /> of the State of California. <br /> (3) Declaration of Annexation: A declaration <br /> of annexation shall be recorded covering the applicable portion <br /> of the property to be annexed. Said declaration may contain <br /> i <br />
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