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Declaration
of Establishment of Covenants, Conditions and Restrictions
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LA
VETA MONTEREY CONDOMINIUM ASSOCIATION
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Phase
1, Parcel 1 of Parce Map No. 79-756
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City of Orange, County of Orange
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DECLARATION is made this 24th day or May, 1979 by WILSHIRE
DIVERSIFIED, INC., a California Corporation, hereinafter
referred to as the "Declarant," with reference
to the following: |
1.
On or about the date of recordation of this Declaration,
in the Office of the County Recorder of orange County,
State of California, Declarant owns that certain real
property, commonly known as La Veta Monterey Condominium,
located at 700 West La Veta Avenue, in the City of Orange,
County of Orange, State of California, improves with
seventy-four (74) units in Phase I and with property,
improvements and all appurtenances and facilities thereof,
being hereinafter collectively referred to as the "project,"
all of which is hereinafter more particularly described
as follows:Parcel 1 of Parcel Map No. 79-756 in the
City of Orange, County of Orange, State of California
as per map recorded in Book 133, Pages 19 and 20 of
Parcel Maps records of Orange County California (the
"Existing property.")
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2.
It is the desire and intention of Declarant to sell
and convey interests in said real property to various
individuals and subject to certain basic protective
restrictions, limitations, easements, covenants, reservations,
lines and charges between it and the acquires or users
if said property, as hereinafter set forth. NOW, THEREFORE,
pursuant to the provisions of Chapter 1, of Title 6.,
Part IV of Division 2. of the California Civil Code
and Section 1468 of the California Civil Code, Declarant
hereby declares that the property, improvements, appurtenances
and facilities described herein and as shown on the
Condominium Plan to be recorded in connection with the
project and such addition thereto as may hereafter be
made pursuant to Article VXIII hereof, shall be held,
conveyed, divided, encumbered, hypothecated, leased,
rented, used, occupied and improved only and subject
to the following uniform covenants, conditions, restrictions,
limitations, reservations, easements, right, rights-of-way,
liens, charges and equitable servitude all of which
are hereby declared, established, expressed and agreed
to: (a) be in furtherance of a plan for the subdivision
and sale of individual condominiums in a condominium
project as defined in Section 1350 of the California
Civil Code; (b) be for the benefit and protection of
the project, its desirability, value and attractiveness;
(c) be for the benefit of owners of condominiums in
the project; (d) run with the land and be binding on
all parties having or acquiring any right, title or
interest in the project or any part thereof; (e) inure
to the benefit of and be binding upon each successor
an assignee I interest of each owner and of Declarant.
Any conveyance, transfer, sale assignment, lease or
sublease made by Declarant or by the Association, as
hereinafter defined, of a unit in the project shall
and is hereby deemed to incorporate by reference the
provisions of this Declaration, including, but not limited
to, covenants, conditions, restrictions, rights-of-way,
liens, charges and equitable servitude's contained herein.
The provisions of this Declaration shall be enforceable
by Declarant, any owner or his or its successor in interest
and shall also be enforceable by the Association, its
Board of Directors or any person, firm or corporation
duly authorized by the Association or its Board, to
enforce all or any one or more of the provisions hereof.
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ARTICLE I |
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Definition of Terms
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| Whenever
used in this Declaration, the following terms shall mean: |
| 1.
Declarant, shall mean
WILSHIRE DIVERSIFIED, INC., a California Corporation, its
successors and assigns, if such successors and/or assigns
should acquire all or any portion of the property for the
purpose of sale and are designated as the Declarant by a
duly recorded instrument executed by Wilshire Diversified,
Inc. |
| 2.
Declaration, shall mean
this Declaration, as the same may be amended, supplemented,
modified or changed from time to time. |
| 3.
Unit, shall mean the
elements of a condominium which are owned individually and
not in common with owners of other elements of the project.
The boundaries of the seventy-four (74) units in Phase I
are as shown and defined on the Condominium Plan, Exhibit
"A" hereto and made a part there of; the boundaries
of the seventy-eight (78) units in proposed Phase II and
the sixty (60) units in proposed Phase III are also shown
and defined on said Condominium Plan. |
| 4.
Common Area, of Phase
I of this project, is the land and real property, including
all improvements constructed thereon, within the boundary
lines of Parcel 1 of Parcel Map 79-756, City of Orange,
County of Orange, State of California, as per Map recorded
in the Office of the County Recorded of said County, excepting
those portions shown and defined as Units 62 to 112 inclusive,
114 to 124 inclusive, 202 to 212 inclusive and 214 on
the Condominium Plan, Exhibit "A:" hereto and
made a part hereof.
The
Common Area of proposed Phase II of this project, is the
land and real property, including all improvements constructed
thereon within the boundary lines of Parcel 2 of Parcel
Map 79-756 as per Map recorded in Office of the County
Recorded of Orange County, excepting therefrom those portions
shown a defined as Units 125 to 201 inclusive and 215
on the Condominium Plan.
The Common Area of proposed Phase III of this project,
is the land and real property, including all improvements
constructed thereon within the boundary lines of Parcel
32 of Parcel Map 79-756 as per Map recorded in Office
of the County Recorded of Orange County, excepting therefrom
those portions shown a defined as Units 1 to 12 inclusive
and 14 to 61 inclusive as shown on the Condominium Plan.
There
shall be recorded, prior to the close of the first sales
escrow in Phase I and thereafter, prior to the close of
the first sales escrow in proposed Phases II and III,
a deed in the form substantially the same as that set
forth in Exhibits C-1, C-2 and C-3 attached hereto and
made a part hereof, granting to the Association, it members,
present and future, an easement for the use and enjoyment
and ingress and egress over the Common Area, it being
the intent of the Declarant as to all propose Phases II
and II members of the Association, the full right and
complete use of any and all common recreational facilities
located on Parcels 2 and 3. These reciprocal easements
rights shall apply no only to the use of common recreational
facilities, but also to open common areas, laundry facilities,
underground utilities and surface drainage. Further, in
connection with surface drainage no unit owner may block
surface drainage across his private yard area from other
private yard areas. There shall also exist an easement
across private yard areas for access to utility meter
boxes by agents and/or employees of utility companies
to read and/or service utility meter boxes. |
| 5.
Condominium, shall mean
a condominium as defined in Section 783 of the California
Civil Code, consisting of an individual interest in common
in a portion of a parcel of real property, together with
a separate interest in a space in a residential building
on such real property, more particularly, an estate in real
property consisting of and undivided fractional interest
in the Common Area as set forth in Exhibit
"D" thereto, together with a separate interest
in a unit and all appurtenances. Additionally, there shall
be included in each conveyance from Declaration, and exclusive
easement to and the exclusive right to use, for parking
purposes only, no less that one (1) parking space as shown
on the Condominium Plan, Exhibit "A" hereto and
made a part hereof. |
| 6.
Owner, shall mean the
record owner or owners, if more than one of a condominium
in the project, including Declarant so long as any condominiums
remain unsold. |
| 7.
Association, shall mean
an incorporated association, consisting of all owners of
units in the project, which entity shall have the duty of
maintaining, operating and managing the Common Area of the
project in the manner and to the extent provided herein.
Each owner shall become a member of La Veta Monterey Condominium
Association, Inc., contemporaneously with the acquisition
of his condominium without further documentation of any
kind. |
| 8.
Organizational Meeting,
shall mean the first meeting of owners which shall occur
within forty-five (45) days after close of escrow of the
first sale of the first unit in the project which represents
the fifty-first (51st) percentile interest authorized for
sale under the first Public Report, but no later that six
(6) months after the close of sale of the first unit in
the project, at which meeting, a new Board of Directors
shall be elected by secret written ballot of the members. |
| 9.
By-Laws, shall mean
the duly adopted Association By-laws, as the same may be
amended from time to time. |
| 10.
Board, shall mean the
entire parcel of real property, divided or to be divided
into condominium, including all structures and improvements
thereon. |
| 11.
Missing |
| 12.
Property and Improvements,
shall mean all that real property described in Phase I,
of Parcel Map 79-756 as per recorded in the Office of the
County Recorded of Orange County, together with seventy-four
(74) units and Common Area. |
| 13.
Condominium Plan, shall
mean the Plan prepared, executed and recorded in connection
with the project, in the Office of County Recorded of Orange
County. |
| 14.
Institutional Holder, shall
mean a mortgagee which is a bank or savings and loan association,
or established mortgage company, or other entity charted
under federal or state law, any corporation or insurance
company, or any federal or state agency. |
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