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I <br /> 00 <br /> NOTES AND DEFINITIONS <br /> TRACT NO. 2510 <br /> 1. 'ASSOCIATION PROPERTY' SHALL MEAN THOSE PORTIONS 8, 'PHASE OF DEVELOPMENT' OR 'PHASE' SHALL MEAN CITY OF TRACY, SAN JOAQUIN COUNTY, CALIFORNIA <br /> OF THE PROJECT (OTHER THAN COMMON AREA) OWNED IN FEE, (a) PHASE 3, DR (b) ALL THE REAL PROPERTY COVERED <br /> BY EASEMENT OR LEASED FROM TIME TO TIME BY THE ASSOCIATION, BY A NOTICE OF ANNEXATION RECDRDED PURSUANT TO CONDOMINIUM PLAN <br /> OR WHICH THE ASSOCIATION IS OTHERWISE OBLIGATED TO ARTICLE XVI OF THE DECLARATION FOR WHICH A FINAL PHASE 5 <br /> MAINTAIN FDR THE COMMON BENEFIT, USE AND ENJOYMENT SUBDIVISION PUBLIC REPORT HAS BEEN ISSUED BY THE <br /> OF THE OWNERS, DEPARTMENT OF REAL ESTATE, UNLESS OTHERWISE THE VILLAGE AT SUMMERGATE2, 'CDMMDN, AREA' SHALL MEAN ALL AREAS OF THE PROJECT, DEFINED IN SUCH NOTICE OF ANNEXATION, <br /> EXCEPT THE UNITS AND THE ASSOCIATION PROPERTY THEREIN, 9. ' ' BEING A PORTION OF LOT 70 OF TRACT NO. 2210 SUMMER GATE, <br /> COMMON AREAS SHALL INCLUDE WITHOUT LIMITATION, ALL PROJECTSHALL MEAN THE ENTIRE PARCEL OF REAL CITY OF TRACY <br /> GAS, WATER AND WASTE PIPES, ALL SEWERS, ALL DUCTS, PROPERTY DIVIDED, OR TO BE DIVIDED INTO CONDOMINIUMS, SAN JOAQUIN COUNTY, CALIFORINA <br /> CHUTES, CONDUITS, WIRES AND OTHER UTILITY INSTALLATIONS IN ACCORDANCE WITH SECTION 1350 OF THE CALIFORNIA <br /> WHEREVER LOCATED IN THE PROJECT (EXCEPT STORM DRAIN CIVIL CODE, INCLUDING THE COMMON AREA, THE DECEMBER, 1996 <br /> AND SEWER LINE IMPROVEMENTS LOCATED WITHIN THE PAVED ASSOCIATION PROPERTY AND THE UNITS THEREIN, THE <br /> ROADWAYS AREAS, AND THE OUTLETS TERM 'PROJECT', AS SET FORTH IN THIS CONDOMINIUM BRYAN & MURPHY ASSOCIATES INC. <br /> THEREOF WHEN LOCATED WITHIN THE UNITS), THE LAND UPON PLAN AND IN THE ,DECLARATION, MAY CONSTITUTE MORE 5000 EXECUTIVE PARKWAY , SUITE 125 <br /> WHICH THE PRDJECT IMPROVEMENTS ARE LOCATED AND THE THAN DNE PROJECT, AS SUCH TERM IS DEFINED IN SAN RAMON, CAIHORINA 94583 <br /> AIRSPACE ABOVE THE PROJECT IMPROVEMENTS, ALL BEARING SECTION 1350 OF THE CALIFORNIA CIVIL CODE, <br /> WALLS, COLUMNS, UNFINISHED FLOORS, THE ROOFS, SOFFITS, 10, 'RESIDENTIAL ELEMENT' SHALL MEAN THAT PORTION OF <br /> VERTICAL SUPPORTS, HORIZONTAL SUPPORTS, CHIMNEYS, A UNIT DESIGNED FDR USE AS A RESIDENCE AND IS <br /> FOUNDATION SLABS, PARTY WALLS, UTILITY WALLS, IDENTIFIED ON THIS CONDOMINIUM PLAN BY A UNIT <br /> FOUNDATIONS, PRIVATE STREETS OR DRIVEWAYS, WALKWAYS, NUMBER ONLY AND SHALL CONSIST OF THE INTERIOR <br /> COMMON STAIRWAYS, PARKING AREAS AND LANDSCAPING ON UNFINISHED SURFACES OF THE PERIMETER WALL, <br /> THOSE AREAS OF THE PROJECT WHICH ARE NOT DEFINED AS FLOORS, CEILINGS, WINDOWS AND DDDRS OF EACH <br /> A PART OF THE UNITS, THE ASSOCIATION PROPERTY OR ALL RESIDENTIAL ELEMENT AND THE SPACE ENCOMPASSED 13, IN INTERPRETING THIS CONDOMINIUM PLAN, THE <br /> OF THE EXCLUSIVE USE CDMMDN AREAS, THEREBY, INCLUDING THE OUTLETS OF ALL UTILITY EXISTING PHYSICAL BOUNDARIES OF A UNIT DR <br /> 3. 'CONDOMINIUM' SHALL MEAN AN ESTATE IN REAL PROPERTY, INSTALLATIONS THEREIN, AND ALSO INCLUDING THE OF RESTRICTED COMMON AREA, CONSTRUCTED IN <br /> UM <br /> MI <br /> H THIS CONDOMINIUM <br /> CONSISTING OF A SEPARATE OWNERSHIP INTEREST IN FEE IN INTERIOR SURFACES OF THE FIREBOX OF EACH FIREPLACE, PLAN SHALL BE CONCLUSIVELY SUBSTANTIAL ACCORDANCE WITH <br /> PRESUMED O NI <br /> A UNIT AND ALL EASEMENTS APPURTENANT THERETO, TOGETHER IF ANY, EXTENDING FROM THE FLOOR AT THE TOP OF EACH ITS BOUNDARIES, RATHER THAN THE BOUNDARIES <br /> BE <br /> WITH AN UNDIVIDED FEE SIMPLE OWNERSHIP INTEREST IN THE FIREPLACE AND THE SPACE ENCOMPASSED THEREBY, WHICH EXPRESSED IN THIS CONDOMINIUM PLAN, REGARDLESS <br /> COMMON AREA IN THE PHASE IN WHICH THE UNIT IS LOCATED. ADJOINS ANY RESIDENTIAL ELEMENT, OF SETTLING DR LATERAL MOVEMENT OF THETHE UNDIVIDED FEE SIMPLE INTEREST IN THE COMMON AREA IN <br /> A PHASE SHALL BE APPURTENANT TO EACH UNIT IN SUCH PHASE, 11, 'EXCLUSIVE USE COMMON AREA' SHALL MEAN AND INCLUDE BUILDING AND REGARDLESS OF MINOR VARIANCES AND SHALL BE A FRACTION HAVING ONE (1) AS ITS NUMERATOR THOSE PORTIONS OF THE CDMMDN AREA OVER WHICH BETWEEN BOUNDARIES, <br /> AND THE NUMBER OF UNITS IN THAT PHASE AS ITS DENOMINATOR, CERTAIN OWNERS SHALL HAVE EXCLUSIVE EASEMENTS FOR 14, ALL VERTICAL AND HORIZONTAL AIR SPACE BOUNDARY <br /> AND SHALL BE HELD BY THE OWNERS OF THE UNITS IN THAT YARD, ENTRY, DECK, TELEPHONE WIRING AND/OR UNIT LINES INTERSECT AT RIGHT ANGLES, UNLESS <br /> PHASE AS TENANTS IN CDMMDN, APPURTENANT PURPOSES, EACH SUCH AREA IS RESERVED FOR OTHERWISE INDICATED OR APPARENT ON THIS <br /> THE EXCLUSIVE USE OF THE OWNER OF THE CORRESPONDING CONDOMINIUM PLAN, ALL UNIT BOUNDARY LINES, <br /> 4, 'CONDOMINIUM BUILDING' SHALL MEAN ANY BUILDING IN THE PROJECT UNIT AND ARE IDENTIFIED ON THIS CONDOMINIUM PLAN BUILDING REFERENCE LINES AND TIE LINES <br /> WHICH CONTAINS DNE (1) OR MORE UNITS, AS FOLLDWSi INTERSECT AT RIGHT ANGLES OR RADIALLY, <br /> 5. 'DECLARATION' SHALL MEAN THAT CERTAIN DECLARATION OF 'YARD' IS IDENTIFIED BY THE UNIT NUMBER UNLESS OTHERWISE NOTED, <br /> COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION AND THE LETTER 'Y', THE LATERAL BOUNDARIES OF EACH YARD <br /> OF EASEMENTS FOR THE VILLAGE AT SUMMERGATE CONDOMINIUM SHALL CONSIST OF THE CDNTIGUDUS SURFACES OF ANY CDMMDN <br /> ASSOCIATION AND ANY AMENDMENTS THERETO, RECDRDED OR TO AREA WALLS OR FENCES AND THE CONTIGUOUS SURFACES <br /> BE RECDRDED ON THE PROPERTY IN THE OFFICIAL RECORDS OF OF ANY ADJOINING CONDOMINIUM BUILDINGS. THE LOWER VERTICAL <br /> THE OFFICE OF THE COUNTY RECORDER FOR SAN JOAQUIN COUNTY, BOUNDARY OF EACH YARD IS A HORIZONTAL PLANE FOUR FEET BELOW <br /> CALIFORNIA, THE LOWER FINISH FLOOR ELEVATION OF THE UNIT ('L.E,') AS <br /> SHOWN ON THIS SHOWN CONDOMINIUM PLAN, <br /> 6. 'GARAGE' SHALL MEAN THAT PORTION OF A UNIT DESIGNED FOR <br /> USE AS A GARAGE, AND IS IDENTIFIED ON THIS CONDDMINIUM PLAN 12, 'UNIT' SHALL MEAN AND INCLUDE THE ELEMENTS OF A CONDOMINIUM <br /> BY THE TERM 'GARAGE', EACH GARAGE SHALL CONSIST OF THE INTERIOR NOT OWNED IN COMMON WITH THE OWNERS OF OTHER CONDOMINIUMS <br /> UNFINSHED SURFACES OF THE PERIMETER WALLS, FLOORS, RAFTERS IN THE PROJECT AND IS IDENTIFIED ON THIS CONDOMINIUM PLAN BY A <br /> DR CEILINGS , WHERE THEY EXIST, WINDOWS (IF ANY) AND DOORS OF SEPARATE NUMBER ONLY. A UNIT SHALL CONSIST OF A RESIDENTIAL <br /> EACH GARAGE ELEMENT AND THE SPACE ENCOMPASSED THERBY, ELEMENT TOGETHER WITH A GARAGE AS SET FORTH ON THIS <br /> INCLUDING THE OUTLETS OF ALL UTILITY INSTALLATIONS THEREIN, CONDOMINIUM PLAN, <br /> 7, 'IMPROVEMENTS' SHALL MEAN ALL BUILDINGS, STRUCTURES AND <br /> APPURTENANCES THERETO OF ANY TYPE OR KIND WITHIN THE PROJECT, <br /> INCLUDING WITHOUT LIMITATION, ALL CONDOMINIUM BUILDINGS, <br /> RECREATIONAL FACILITIES, STREETS, DRIVEWAYS, PARKING AREAS, WALKWAYS, <br /> FENCES, WALLS, AWNINGS, DECKS, SPRINKLER PIPES AND IRRIGATION <br /> FACILITIES, LANDSCAPING, HEDGES, WINDBREAKS, THE EXTERIOR SURFACE <br /> OF ANY VISIBLE STRUCTURE AND THE PAINT ON SUCH SURFACES, <br /> PLANTED TREES AND SHRUBS, POLES, EXTERIOR AIR CONDITIONING <br /> AND WATER SOFTENER FIXTURES DR EQUIPMENT, <br /> SHEET 2 OF 7 <br /> \p 001 \�.�5 c n 6 <br />