LA VETA MONTEREY CONDOMINIUM ASSOCIATION
Phase 1, Parcel 1 of Parcel Map No. 79-756
City of Orange, County of Orange
State of California
THIS DECLARATION is made this 24th day of 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.")
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;
(b) be for the benefit of owners of condominiums in the project;
(c) 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;
(d) 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.
Definition of Terms
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.
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.