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Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)
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Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)
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1/23/2024 11:33:12 AM
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1/23/2024 11:31:29 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
26
Date
1/16/2024
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December 7, 2023 <br />Page 2 of 4 <br />Restrictions for Civic Center Business Park (the "Original CC&RS) recorded April <br />19, 1985 which created the Association. The description of the property also does <br />not include Parcels 3 and 4 in the Second Amendment to Industrial Condominium <br />Enabling Declaration for Civic Center Business Park (see the "Legal Description" in <br />that Second Amendment). <br />Regarding parking, Section 2.2.5 of the Original CC&Rs dedicated certain <br />parking spaces to certain owners by labeling each restricted space with a "P" <br />followed by the unit number. These spaces were reserved for the unit owner's <br />exclusive use. You have informed us that these markers are no longer visible. <br />However, apparently at one time certain spaces were so reserved, which runs <br />contrary to any claims by the Buildings C/D owners that all parking spaces have <br />always been available for all property owners use. The Second Amendment simply <br />clarified further restrictions on the use of Buildings A/B Common Area by Buildings <br />C/D owners. <br />The Second Amendment to Industrial Condominium Enabling Declaration for <br />Civic Center Business Park (the "Second Amendment") of the Original CC&Rs <br />defines "Restricted Common Area" as "those portions of the Common Area, if any, <br />set aside for exclusive use of any Unit Owner, pursuant to Section 2.2.5 below, and <br />shall include the Buildings A/B Common Area and all other portions of the <br />Buildings A/B Maintenance Area." (See page 4 of the Second Amendment.) <br />The Second Amendment defines the `Buildings A/B Common Area" as "those <br />portions of the Common Area located adjacent to Buildings A and B as depicted on <br />Exhibit D attached hereto, including exterior landscaping areas, parking areas, <br />driveways and other pedestrian and vehicular access ways, trash enclosures and <br />receptacles and exterior lighting within the Buildings A/B Common Area, as well as <br />any conduits, pipes, fire and irrigation sprinklers, plumbing lines, wires and other <br />utility installations located outside of Buildings A/B required to provide power, <br />light, telephone, gas, water, sewerage and drainage to the Buildings A/B which <br />exclusively serve Buildings A/B. For purposes of this Declaration, the Buildings A/B <br />Maintenance Area shall constitute Restricted Common Area appurtenant to <br />ownership of the condominium units within Buildings A/B." <br />The Second Amendment defines the `Buildings A/B Maintenance Area" as (a) <br />the roofs, exterior walls, bearing walls, columns, girders, slabs and floors (to the <br />unfinished surfaces thereof) and other structural elements and all other portions of <br />Buildings A/B, (b) fire sprinkler systems, conduits, pipes, plumbing, wires and other <br />utility installations required to provide power, light, telephone, gas, water, <br />sewerage and drainage to Buildings A/B as well as (c) all portions of the Buildings <br />A/B Common Area." <br />Hansberger & Klein, A Professional Law Corporation <br />z nez ui e 357, emecu a, 9z59i ice: -577-0 3 ax: 909-49 <br />City CciC�l www.hkschoollaw.com '� /2024 <br />
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