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8F Consent 2011 0502
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8F Consent 2011 0502
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Last modified
5/4/2011 4:34:43 PM
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4/28/2011 3:49:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2011
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_CC Agenda 2011 0502
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0502
Reso 2011-088
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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(a) Declarant does hereby submit and subject the estate in the Common Areas , together <br /> with all improvements, easements, and rights created pursuant thereto, to the provisions <br /> of the Act and to this Declaration, and hereby creates with respect to such property <br /> Condominiums to be known as "The 2370 -2374 Marina Boulevard Condominiums." <br /> (b) An Owner shall not be entitled to sever his or her Condominium from membership in <br /> the Association and shall not be entitled to sever his or her Condominium and <br /> membership from his or her undivided interest in all or a portion of the Common Areas <br /> for any purpose. None of the component interests in a Condominium can be severally <br /> sold, conveyed, encumbered, hypothecated, or otherwise dealt with, and no violation or <br /> attempted violation of this provision shall be effective. No Owner can sever any easement <br /> appurtenant to his or her Unit over the Common Areas from his or her Condominium, <br /> and any attempt to do so shall be void. It is intended by to restrict <br /> severability under section 1358 of the California Civil Codas now in effect or as <br /> hereinafter amended or replaced. / N/ \\ <br /> (c) Any conveyance of a Unit or any portion / of it by an Ownershall be presumed to <br /> convey the entire Condominium of which f such.ljnit is an element\\ <br /> (d) Every contract of sale, deed, lease, mortgage. deed of trust, or other instrument <br /> recorded in the Official Records of the County Recorder of•Alameda County, California, <br /> and affecting any Condominium created hereby shall describe it by its Identifying <br /> Number, followed by the name (Avenal CondominiumsP followed by specific reference <br /> to this Declaration, and followed 'by specific reference‘to the Condominium Plan. Every <br /> such contract or sale, deed, lease, mortgage,\ \ f trust;o ,other instrument shall <br /> expressly indicate that tissubject to\and subordinate to thiss Declaration. As used in this <br /> subsection (d), `' specific reference" means aand eager cording data from the <br /> Official Records of th� unty Recorder of County, California. <br /> 2.2- Recordrd \on,ofCondomihium Plan: Condominium Plan was filed in the <br /> Office of the_ ounty Recotder�of Aranieda•County; Califomia on 2011, <br /> pursuant to the re ui \�nts of'se\ n 135.1, if the Califomia Civil Code. <br /> \ . ,Assignment off Percentage Each Owner of a Condominium in the <br /> Project shall a 1/3 Percentage of undivided interest in the Common Areas <br /> \\ 1 1 <br /> ART CL� \./ ITS, EASEMENTS AND RESERVATIONS <br /> 3.1 Units. <br /> (a) The boundaries of each Unit (including any sub - elements thereof as may be <br /> designated on the Condominium Plan) shall be the interior surfaces of the perimeter <br /> walls, floors, ceilings, windows and doors, where they exist and otherwise to the inclined, <br /> vertical or horizontal planes. or curved surfaces, as the case may be, at the limits of the <br /> dimensions shown on the Condominium Plan. The Unit includes both the portions of the <br /> building so described, and not excluded in Section 3.1(c) hereof. and the air space so <br /> encompassed. The Unit includes all fixtures, outlets. appliances, heaters. and similar <br />
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