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ART ICLF~ II <br /> <br /> DESCRIPTION OF PROJECT, DIVISIO~i OF PROPERTY, <br /> AND CREATION OF PROPERTY RIGHTS <br /> <br />Section I Property Subj.ect to Deciaratic ~: Lots 1-6~ inclusive, <br />and Common Areas UA" nB" & nC" and La Rocca Lane (pti%rate <br />street), as shown on the Map of Mari~ La Rocca Estates <br />Subdivision, San Mateo County, are here~ declared to be subject <br />to this Declaration. <br /> <br />Sedti0n 2 Partition Prohibited: The Ca mon Area will remain <br />undivided as set forth ~Dove. No owner shall bring any action for <br />partition. It is agreed that this rest]'iction is necessary in <br />order to preserve the rights of the owners with respect to the <br />operation and management of the project. <br /> <br />Judicial partition by sale of a single lct owned by two or more <br />persons ~nd division of the sale proceeds i3 not prohibited hereby <br />but physical partition of a single lot is )rohibited. <br /> <br />Section 3 Common Area Ownership: Declarant shall convey to the <br />Association the fee siL~ple title to the Co~onArea free and clear <br />of all liens and encumbrances, except curre ~t real property taxes, <br />which taxes shall be pro-rated to date of transfer and <br />reservations, easements, covenants, condi~ons and restrictions, <br />then of record, including those set forth in the covenants, <br />conditions and restrictions for the Associ~tion. <br /> <br />Every owner shall have a right and easement of enjoyraent in and to <br />the Co~on Area which shall be appurtenant to and shall pass with <br />the title to every Lot subject to th. provisions in this <br />Declaration. <br /> <br />Section 4 Restricted (Exclusive Use) Commo! Areas: <br /> <br />Notwithstanding any other provision in zhis Declaration, the <br />internal and ~xternal telephone wiring desiq%ed to serve a separate <br />Lot, but located outside the boundaries of lhe Lot, are restricted <br />(exclusive use) Cor~aon Area allocated exclusively to that <br />particular Lot. <br /> <br />A Lot owner shall be entitled to reasonabl~ access to the <br />Area for the purpose of maintaining the internal and external <br />telephone wiring made part of a restricted exclusive use) Common <br /> <br /> <br />