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<br />MARINA BOULEVARD CONDOMINIUMS
<br />DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP
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<br />THIS DECLARATION, made on the date hereinafter set forth, by _________, a California
<br />limited liability company , hereinafter referred to as "Declarant," is made with reference to the following facts:
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<br />A. Declarant is the owner of certain property located in the City of San Leandro ("City"),
<br />County of Alameda, State of California, more particularly described as Lots 125 and 126 of the Map of
<br />the Hemme Tract, which Map was filed on October 1, 1889 , in Book 9 of Maps, at page 33, Alameda
<br />County Recorder Records, and lying entirely within the City of San Leandro, California (the
<br />"Property ").
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<br />B. Declarant has improved the Property by constructing six (6 ) residential Condominiums on
<br />the Property. Declarant intends to create a "condominium project," as defined in Civil Code Section 4125,
<br />to subdivide the Property as authorized by Section 66427 of the Government Code into "condominiums"
<br />as defined in Section 783 of the Civil Code and to impose mutually beneficial restrictions under a general
<br />plan of improvement for the benefit of all the Condominiums created pursuant to the Davis-Stirling Common
<br />Interest Development Act. Unless otherwise stated the statutory references made in this Declaration
<br />Corporations Code shall mean and refer to statutes and codes of the State of California.
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<br />C. The Project is subject to the Davis-Stirling Common Interest Development Act (the
<br />"Davis-Stirling Act ") as effective January 1, 2014 as Division 4, Part 5, Chapters 1-11, inclusive, of the Civil
<br />Code (Civil Code Sections 4000 et seq.).
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<br />D. Declarant intends to construct and establish Condominiums on the Property, providing
<br />for a separate interest in a Unit and an undivided interest as Common Area in the remaining Property.
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<br />E. The development shall be referred to as the "Project" as defined in Section 1.31.
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<br />NOW, THEREFORE, Declarant hereby declares that the hereinafter described Project
<br />shall be held, sold, leased, mortgaged , encumbered, rented, used, occupied, improved and conveyed
<br />subject to the following declarations, limitations, easements, covenants, restrictions, and conditions, all of
<br />which are imposed as equitable servitudes pursuant to a general plan for the development of the Project
<br />for the purpose of enhancing and protecting the value and attractiveness of the Project , and every part
<br />thereof, in accordance with the plan for the improvements of the Project and the division thereof into
<br />Condominiums. All of the limitations, covenants , conditions, restrictions and easements shall constitute
<br />covenants which shall run with the land and shall be binding upon Declarant and its successors and
<br />assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project.
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<br />ARTICLE I.
<br />DEFINITIONS
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<br />1.1. “Architectural Committee”: the committee formed pursuant to Article X of this Declaration
<br />to administer and enforce the architectural and design control guidelines contained in the Governing
<br />Documents.
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<br />1.2. "Articles": The Articles of Incorporation of the Association as amended from time to
<br />time.
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<br />1.3. "Assessment": That portion of the cost of maintaining, improving, repairing, operating
<br />and managing the Project which is to be paid by each Owner as determined by the Association, and
<br />shall include Regular Assessments and Special Assessments.
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<br />1.4. "Association": The MARINA BOULEVA RD CONDOMINIUM ASSOCIATION, a California
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