Phase 1, Parcel 1 of Parcel Map No. 79-756
City of Orange, County of Orange
State of California
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.
(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.
(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.
(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.
(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.
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.