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8F Consent 2021 0907
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8F Consent 2021 0907
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9/17/2021 9:29:38 AM
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9/2/2021 5:22:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/7/2021
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Reso 2021-124 Final Map DR Horton Bay
(Approved)
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\City Clerk\City Council\Resolutions\2021
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<br /> <br />4810-5342-0509, v. 2 <br /> 5 <br /> <br />1.31 “Exclusive Use Easement or Exclusive Use Easement Area” means those portions of <br />the Association Property over which exclusive easements are reserved and granted for the benefit of certain <br />Owners in accordance with California Civil Code Section 4145, described in this Declaration and shown on <br />the Condominium Plan. The Exclusive Use Easements within the Community include the following areas: <br />1.31.1 “Exclusive Use Porch” means those areas within the Association Property <br />designated as “Exclusive Use Porch Areas” on the Condominium Plan over which exclusive easements are <br />reserved for the benefit of certain Owners for porch purposes. <br />1.31.2 “Exclusive Use Deck” means those areas within the Association Property <br />designated as “Exclusive Use Deck Areas” on the Condominium Plan over which exclusive easements are <br />reserved for the benefit of certain Owners for deck purposes. <br />1.32 “Federal Agencies” means collectively one or more of the following agencies and the <br />following letter designation for such agencies shall mean and refer to, respectively, the agency specified <br />within the parentheses following such letter designation and any successors to such agencies: Federal <br />Housing Administration (“FHA”), Federal Home Loan Mortgage Corporation (“FHLMC”), Federal National <br />Mortgage Association (“FNMA”), Government National Mortgage Association (“GNMA”), and United States <br />Department of Veterans’ Affairs (“VA”). <br />1.33 “Fire Systems” means all fire life safety equipment, components, fixtures and facilities <br />located within or serving a Unit, including, without limitation, sprinkler heads, fire extinguishers, smoke <br />detectors, carbon monoxide monitors, control valves, pipes, drains, alarms and those designated from time <br />to time by Governmental Entities. <br />1.34 “First Mortgage” means a Mortgage that is first in priority under the recording statutes of <br />the State of California over all other Mortgages encumbering a specific Condominium in the Community. <br />1.35 “First Mortgagee” means the Mortgagee of a First Mortgage. <br />1.36 “First Owner” means the Owner of a Condominium who acquired the Condominium under <br />authority of a Public Report from Declarant. <br />1.37 “Fiscal Year” means the fiscal accounting and reporting period of the Association selected <br />by the Board. <br />1.38 “Governing Documents” means collectively this Declaration, the Articles, Bylaws, Design <br />Guidelines, Rules and any Supplementary Declarations. <br />1.39 “Governmental Entities” means any federal, state, county, city, local or municipal <br />governmental entity or quasi-governmental entity or body (or any departmental agency thereof) exercising <br />jurisdiction over a particular subject matter for any portion of the Community. <br />1.40 “Hazardous Materials” means any biologically or chemically active or toxic or hazardous <br />waste or materials as defined or regulated by Applicable Laws. Hazardous Materials shall include without <br />limitation those described in the Comprehensive Environmental Response, Compensation and Liability Act <br />of 1980, as amended, 42 U.S.C. Section 9601, et seq., the Resource Conservation and Recovery Act, as <br />amended, 42 U.S.C. Section 6901, et seq., and any applicable state, local or federal laws and the <br />regulations adopted under these Acts. <br />1.41 “Improvements” means all structures or improvements of every type or kind installed or <br />erected on the Property or an alteration or modification to a Unit, Exclusive Use Easement Area or <br />Association Property or any addition to a Unit or Association Property, including without limitation room <br />partitions, structural alterations to any portion of a Unit or any Association Property surrounding the Unit; <br />any addition or alteration to a Unit that causes penetration beyond the unfinished surface of the walls, <br />258
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