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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 Parcel Map No. 79-756
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City of Orange, County of Orange
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ARTICLE IX |
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Utilities |
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Section 1. Utility Rights
The
rights and duties of the owners with respect to liens
for sanitary sewer, water, gas, electricity, telephone
cables and air conditioning (if any), shall be governed
by the following: |
(a)
Wherever sanitary sewer house connections and lines
or electricity, gas, telephone, air conditioning (if
any) lines or television cables are installed within
the property, which connections or any portion thereof,
lie in or on portions of the property owned by others
than the unit owner of a unit served by said connections,
the unit owner of any unit served by said connections
shall have the right and are hereby granted an easement
to the full extent necessary thereof, to enter on such
portion of the property or to have the utility companies
enter thereon to repair, replace and generally maintain
said connections as and when the same may be necessary
as set forth below.
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(b)
Wherever sanitary sewer house connections and lines
or electricity, gas, telephone, air conditioning (if
any) lines or television cables are installed within
the property, which connections serve more than one
unit, the owners of each unit served by said connection
shall be entitled to the full use and enjoyment of such
portions of said connections as serve his unit.
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(c)
In the event any portion of said connection or line
is damaged or destroyed through the negligent act or
acts or failure to act, or willful misconduct of one
unit owner, or any of his agents, invitees, tenants,
servants, guests or members of his family, so as to
deprive other unit owners of the full use and enjoyment
of said connection or line, then such connection or
line shall be repaired and restored by the Association
but at the expense of the unit owner who commits or
whose guests, agents or family members commit such act
or acts.
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(d)
In the event any portion of said connection or line
is damaged or destroyed by some cause other than the
negligent act or acts or failure to act, or willful
misconduct of one unit owner, his family members, agents,
guests, servants, tenants or invitees, (including ordinary
wear and tear and deterioration from lapse of time),
then in such event such connection or line shall be
repaired and restored by the Board, such repair and
restoration to be paid out of assessments levied in
accordance with this Declaration equally against all
owners.
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(e)
In the event of a dispute between owners with regards
to the repair or rebuilding of said connection or line,
or with regard to the sharing of the cost thereof, then
on written request of one of such owners, addressed
to the Association, the matter shall be submitted to
the Board for a final and binding determination.
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Section 2. Easements
Easements
through the units and Common Area for all facilities for
the furnishing of utility services, television cable service,
heating and air conditioning (if any) lines within any
unit, which facilities shall include but not limited to
conduits, ducts, plumbing and wiring shall be appurtenant
to each unit and all other units and Common Area shall
be subject thereto; provided that easements for such facilities
shall at all times be and remain substantially in accordance
with the initial construction of the project, or the project
as reconstructed after damage or destruction pursuant
to the terms of this Declaration. |
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