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NOTICE OF SALE OF REAL PROPERTY: 11793 Silver Birch Road, Corona, CA 92883
NOTICE OF SALE OF REAL PROPERTY: 11793 Silver Birch Road, Corona, CA 92883

Please take notice that the following real property will be sold by private sale by Matthew L. Taylor, Partition Referee, pursuant to order of the Riverside County Superior Court: Street Address: 11793 Silver Birch Road, Corona, CA 92883; Assessor’s Parcel Number: 290-692-004 also shown in some documents as  290-660-007-6; Legal Description: Lot 88 of 31908-1 (“Property”), as shown on the Subdivision Map (“Map”) filed on March 29, 2013, in Book 437, at Pages 7 to 12, inclusive, of Maps in the Office of the Riverside county Recorder, California (“Official Records”).

PARCEL NO. 1

EXCEPTING THEREFROM, as reserved by Starfield Sycamore Investors, LLC., a Delaware limited liability company in the Grant Deed recorded September 28, 2012 as Instrument No. 2012-0466160 of Official Records: 

  1. All oil rights, mineral rights, natural gas rights and rights to all other hydrocarbons by whatsoever name known, to all geothermal heat and to all products delivered from any of the foregoing (collectively, “Subsurface Resources”); and 
  2. The perpetual right to drill, mine, explore and operate for and to produce, store and remove any of the Subsurface Resources within or from the Property, including the right to whipstock or directionally drill and mine from lands other than the Property, wells, tunnels and shaft into, through or across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts within or beyond the exterior limits of the Property, and to redrill, retunnel, equip, maintain, repair deepen and operate any such wells or mines, but within the right to ender-upon or drill, mine, explore, operate, produce, store or remove any of the Subsurface Resources through or in the surface or the upper five hundred (500) feet of the subsurface of the Property. 
  3. Any and all water, solar heated water, reclaimed water, water rights or interest therein whether surface or subsurface appurtenant or relating to the Property, or owed or used by Grantor in connection with the Property (no matter how acquired by Grantor), whether such water, water rights or interests therein shall be riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power to explore, drill, redrill, remove and store the same from or in the Property or to divert or otherwise utilize such water, water rights or interest therein on any other property owned or leased by Grantor, but without the right to explore, drill, remove or store water from or in the Property or to divert or otherwise utilize such water, water rights or interest therein on any other property owned or leased by Grantor, but without the right to explore, drill, remove or store water from or in the Property or to divert or otherwise utilize water on, through or in the surface or upper five hundred (500) feet of the subsurface of the property.

RESERVING THEREFROM, for the benefit of Grantor, its successors in interest and assignees, nonexclusive easements for access, ingress, egress, encroachment, support, maintenance, drainage, repair and for other purposes, all as may be shown on the Map, and as described in the Mater Declaration of Covenants, Conditions, Reconstructions and Reservation of Easements for Sycamore Creed on December 5, 2003, recorded as Instrument No. 2003-956058, as amended by a First Amendment to Master Declaration of Covenants, conditions Restrictions and Reservation of Easements for Sycamore Creed Recorded on August 5, 2004, as Instrument No. 2004-012136 9as amended from time to time, collectively, the “Master Declaration”), and the Supplemental Master declaration of Covenants, Conditions and Restrictions and Notice of Addition of territory for Sycamore Creed, Aspen (Phase 3) (as amended or restated, collectively, the “Supplemental Master Declaration”), recorded on October 31, 2013, as Instrument No. 2013-0517523, all in the Official Records of Riverside County, California (“Official Records”). Capitalized terms used in this Grant Deed shall having meanings given them in the Master Declaration, unless otherwise defined herein. 

ALSO RESERVING THEREFROM, for the benefit of Grantor, its successors in interest and assignees, the right to enter the Property (i) complete and repair any Improvements located thereon as determined necessary or proper by the Grantor, in its sole discretion, (ii) to comply with requirements for the recordation of subdivision maps or lot line adjustments in the Properties or the Annexable Territory, (iii) for repair of Improvements in accordance with the provisions of the “Fix-It-Law” at California Civil Code Section 895 through 945.5, (iv) to accommodate grading or construction activities, and (v) to comply with requirements of applicable governmental agencies, Grantor shall provide reasonable notice to Grantee prior to entry into the Grantee’s Property under the Subsection except for emergency situations, which shall not require notice. For purposes of this Paragraph, an “emergency” situation is deemed to exist where there is an imminent threat of injury to persons or damage to the property. Nothing in this paragraph limits the right of Grantee to exclusive occupancy or control over the Property. Any damage to a Residence or Property caused by entry under this paragraph shall be repaired by the Grantor. If Grantee refuses to allow Grantor to exercise the rights reserved in this paragraph, then Grantor may enforce its rights with all legal and equitable remedies available to Grantor. Grantee shall be solely responsible for all costs, damage and injury arising from Grantee’s failure to comply with this paragraph, including reasonable attorneys’ fees and court costs. The term of this reservation of right to entry shall automatically expire on the date that is eleven (11) years after the dat4e on which the Grant Deed is recorded in Official Records. 

PARCEL NO. 2

Nonexclusive easements for access, ingress, encroachment, support maintenance, drainage, repair and for other purposes, all as described and reserved in th4e Master Declaration, the Supplemental Master and as may be shown on the Map.

SUBJECT TO:

  1. Nondelinquent general and special real property taxes and public assessments;
  2. All covenants, conditions, restrictions, easements, reservations, rights and rights-of-way and other matters of record, including without limitation those described or reserved in the Master Declaration, the Supplemental Master Declaration, this Grant Deed and the Map;
  3. All (a) matters discoverable or ascertainable by inspection or survey of the Property, (b) zoning ordinances and regulations and any other laws, ordinances or governmental regulations restricting or regulating the use, occupancy or enjoyment of the Property, and (c) any other matters created, permitted or approved by Grantee; and 
  4. The following provisions (collectively “Right to Repair Provisions”) which are imposed against the Property in accordance with the requirements of Title 7 of Part 2 of Division 2 of the California Code (the “Right to Repair Law”):
  5. Acknowledgment of Receipt. Grantee acknowledges that Grantor has provided, and Grantee has received all maintenance recommendations (the “Maintenance Recommendations”) pertaining to the Property of the date this Grant Deed is recorded (the “Deed Recordation Date”). Maintenance Recommendations from time to time. Grantee shall faithfully follow all of the Maintenance Recommendations and Grantee shall cause any agent of Grantee to follow them as well. 
  6. Existence of Statutory Pre-Litigation Procedures. Grantor advises Grantee of the existence of the prelitigation procedures set forth in Chapter 4 of the Right to Repair Law (the “Statutory Pre-Litigation Procedures”) and that such procedures impact the legal rights of Grantee. Grantee acknowledges and Grantee has been provided a written copy of the Right to Repair Law and a complete copy of all Part 2 of Division 2 of the California Civil Code. 
  7. Election of Alternative Non-adversarial Contractual Provision.

Grantee understands and agrees that disputes concerning the Property will be governed by non-adversarial contractual provision (“Alternative Procedures”) set forth in Sections 10.1 to 10.4, inclusive, of the Supplemental Master Declaration, instead of the Statutory Pre-Litigation Procedures. The election to use Alternative Procedures is authorized by Section 914 of the Right to Repair Law. Any disputes that is not resolved under the Alternative Procedures shall be resolved by judicial referee in accordance with Section 10.5 of the Supplemental Master Declaration. 

  1. Grantee Indemnity of Grantor. Grantee shall indemnify, defend and hold Grantor harmless from any loss, cost or damages arising from Grantees obligations required under the Right to Repair Provisions. 

e. Covenants to Run with the Land. The Property shall be held, conveyed, encumbered, maintained, and used subject to the Right to Repair Provisions. The right to Repair Provisions impose obligations on Grantor and Grantee which are to be construed as equitable services and as covenants and conditions running and binding with the Property. The Right to Repair Provisions are binding and burden all persons having or acquiring any right, title or interest to the Property (during their ownership of such interest), or any part thereof, and their successors and assigns. The Right to Repair Provisions shall inure to the benefit of Grantor and its successors and assigns. The Right to Repair Provisions shall terminate and be of no further force or effect upon the expiration of all applicable statutes of limitations or repose for the filing of a complaint or suite or other legal remedies against Grantor under the Right to Repair Law (including any tolling periods). (Hereinafter the “Subject Property”.)  Please take notice that the Subject Property is being sold by private sale by Matthew L. Taylor, as Partition Referee appointed in the matter of D’Hue v. Harris, et al., Riverside County Superior Court case number RIC1905335.  The sale is being made pursuant to California Code of Civil Procedure section 873.680, et seq.  The property is sold in an “As Is” condition with no warranties or representations.  Offers must be submitted in writing on a California Association of Realtors form contract.  All sales are subject to court confirmation. Offers must be submitted to Matthew L. Taylor, Partition Referee, P.O. Box 4198, Rancho Cucamonga, CA 91729, and must be received on or before February 15, 2022.  Further information can be obtained at www.matthewtaylorattorney.com or by calling Matthew Taylor at 909-989-7774.

Matthew L. Taylor is an attorney based in Rancho Cucamonga, California.  In addition to being an attorney, he has also acts as a Superior Court Receiver and Partition Referee and is a licensed real estate broker (DRE #02189284) in California.

About the Author

Matthew Taylor
Matthew Taylor
author

Matthew L. Taylor is an attorney based in Rancho Cucamonga, California.  In addition to being an attorney, he has also acts as a Superior Court Receiver and Partition Referee and is a licensed real estate broker (DRE #02189284) in California.