HomeMy WebLinkAbout0771 and appraved by the institutional mortgagee of apart-
ments affected, w•here the said apartments are encumbered
by individual mortgages, or wher~ they are included in
an overall construction mortgage on the Condominium
building, and such amendment shall not require the
approval of apartment owners, the Lessor, or of the
Association.
3.3 Easements are expressly provided for and reserved in
favor of t e owners and occupants of the Condominium building,
their guests and invitees, as follows:
(a) Utilities. Easements are reserved through
the Condominium property as may be re~uired for utility
services in order to serve the Condominium and the
- Recreation Area adequately, provided, however, such ease-
ments shall be only according to the plans and specif ica-
tions for the building, or as the building is constructed,
unless approved in writing by an apartment owner or the
owner of the Recreation Area, as appropriate.
(b) Encroaclunents . In the event that any apartment
or the Recreation Area shall encroach upon any of the
common elements or upon any other apartment for any reason
other than the intentional or negligent ~ct of the apart-
ment owner, or owner of the Recreation Area, or in the
event any common element shall encroach upon any apartment,
then an easement shall exist to the extent of such an en-
croachment so lonQ as the same shall exist.
(c) Traffic. An easement shall exist for pedestrian
traffic over, through and across sidewalks, paths, walks,
halls, lobbies, elevators, center cores, and other portions
of the common elements as may be from time to time intended
and designated for such purpose and use; and for vehicular
and pedestrian traffic over, through and acrQSS such por- ;
tions of the common elements as may from time to time be
paved and intended for such purposes, and such easement
j shall be for the use and benefit of the apartment unit
; owners, the owner of the Recreation Area, and those claim-
~ ing by, through or under the aforesaid; provided, however,
~ nothing harein shall be canstrued to give or create in any
~ person the right to park upon any portion of the Condominium
property except to the extent that space may be specifically
designated and assigned for parking purposes.
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3.4 A
~artment Boundaries. Each apartment shall include
that part o£~the buil ing containing the apartment that lies within
_ the boundaries of the apartment, which boundaries are as ~allaws:
(a) The upper and lower boundaries of the apartment
shall be the followi-ng b~undaries extended to an intersec-
tion with the perimetrical boundaries:
~ (1) Upper Boundaries - The h~rizontal
plane of the undecorated finished ceiling.
(2) Lower Boundaries - The horizontal
~t plane of the un ecorated inished floor. ~
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(b) The erimetrical boundaries of ttie-apartment ;
~ shall be e vertica planes o e undecorated finished
" interior of the walls bounding the apartment extending
~ to intersections with each other and with the u:*~er and
k° lower boundaries, and where there is attached to the
~ building a balcony, lc~ggia, terrace or canopy, the
~ perimetrical boundaries shall be extended to include
the same. ;
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LAW OFFICES Oi GOLDSTEIN. FRANKLIN, CHONIN R iCHRANK. P. A.. 2020 NORTHEAST 183rto STREET. NORTH MIAMI BEACH. FLORIDA 33162
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