Last Update 21 Novmber 2012


THIS DECLARATION is made on August 22 1980, by HARBOUR VISTA, a California limited partnership, as Sublessor and Grantor. Sublessor and Grantor are herein referred to collectively as "Declarant".

  1. Sublessor is the owner of a leasehold interest in certain real property (Property) in the City of Huntington Beach, County of Orange, California, described as follows:

    Lots A, a, C and Lot No. 1 of Tract No. 10658, as shown on a Map recorded on December 27, 1979, in Block 466, Pages 37 to 38, inclusive, of Miscellaneous Maps, in the Office of the Orange County recorder.

    Grantor is the owner of the Improvements on the Property. Said interests derive from a Ground Lease between Master Lessor and Declarant, dated August l, 1979, a memorandum of which was recorded on August 8, 1979, in Book 13261, Pages 1473 et seq. Official Records of Orange County, California.

  2. It is the desire and intention of Declarant to subdivide a leaseholder estate in the Property and the fee ownership of the Improvements thereon (collectively the "project") into subleasehold condominium estates and to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all the subleasehold condominium estate created.

  3. Declarant hereby declares that all of the Project shall be held, conveyed, hypothecated , encumbered, leased, rented, used, occupied and improved subject to the following limitations, restrictions, licenses, easements, conditions and covenants, all of which are declared and agreed to the in furtherance of a plan for the protection, subdivision, maintenance, improvement and sale of the Project for the purpose of enhancing the value, desirability and attractiveness of the Project. All provisions of this Declaration, including without limitation the licenses, easements, uses, obligations, covenants, conditions and restrictions hereof, are hereby imposed as equitable servitudes upon the Project. All of the limitations, restrictions, licenses, easements, conditions and covenants herein shall run with the land and shall be binding on and for the benefit of all of the Project and all parties having or acquiring any right, title or interest in the Project, or any part thereof, and their successors and assigns.
  4. Declarant, its successors, assigns and grantees, covenant and at that the undivided interest in the Common Areas, the membership in the Association, any licenses and easements conveyed therewith and the subleasehold interest in the respective Unit conveyed therewith shall not be separate or separately conveyed, and each such undivided interest, membership and license and easement shall be deemed to be conveyed or encumbered with the subleasehold interest in its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Unit, provided, however, that this restriction upon the severability of the component interest of the Condominiums shall not extend beyond the period for which the right to partition the Project is suspended in accordance with Section 1354(b) of the California Civil Code and the provisions of Article XI hereof. Any conveyance by a Unit Owner of a Condominium or a Unit, or any portion thereof, shall be presumed to convey the entire Condominium, together with a membership in the Association.

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