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HomeMy WebLinkAbout1853 : ~ included in an overall aonatruction mortgage on the Cor~dominiwn building, and such amendment ahall not • requira the approval of apartme~t oNners, the Le~sor, or oP the Assooiation. r'~ 3•3 Ease~'rents are expreasly provided Por and reserved in fav~or of t e oKeiera and ocaupants' oP the Condominium building, their guests and invitees, as Pollo~+s: (a) Utilities. Easements are reserved through the Cor~dom~n"ium property as mny be required for util- ity eervices in order to serve the Cotxiominium and the Recreation Area adaquately, provided, hoxever, sueh eaeements shall be only according to the plans and spe- ciPiaationa Por the building, or as the buildirag ia . constructed, unlese approved.in xritirg bq an apartment o~mer or the oxner oP the Recreation Area, as appropri- ate. (b ) h''ncroachments . In the event that ar~y ap~rt- ment or the ecrea on Area shall encroach upon ar~y of the conmon elements or upon arur other apartment for any reason other than the intentional or negligent act of the apartment o~?ner, or o~ner of the Recreation Area, or in the event any common element shall encroach upon any apartment, then an easement shall exist to the eatent oP euch an encroachment ao lot~g as the sanre ahall eaiat. (c) TraPfic. An easement shall exist fbr pedes- trian tr c over, through ani acroBS aidetr8lks, paths, Kalks, halls, lobbiea, elevatora, center eores, and other portiona of the com~mn elements as may be from time to~ . time intended and designated for such purpose-and uae; - and Por vehicu].ar and pedestrian traffic over, through and acroas such portions of the comm~n eleaients as ma~q Prom time to time be paved arxi inter~ded Por such ~purposes, arrd such easement shall be for trie use ar~d benePit of the ap~rtment unit oxners, the o~rner oP the Recreation Area, and those claimir~g by, through or unc~er the aPor~~id; provideG, Y?oaet•er•, nothing herein ahall be construed to give or . create in ar~q person the right to park upon arq~ portion of the Condominium property exeept to the extent - that space may be specifical~y designated and assigryed for parking purposea. 3.4 A~artment Boundaries. Each ap~rtment shall include that part oP the Su3 r~g con~'ain"3"'nig the apartment that lies xithin the boundar3es of the apartment, ~hich bow~darie$ are as Po11oMS: (a) The up~ er and lower boundaries of the apartment shall be tFi'e~ollo r~g o ar ea ex e ed to an intersec- tion with the perimetrical boundaries: (1) Upper Bour~daries - The horizontal plane of the ecora ~ed ceiling. (2 ) Lo~?er Bow~dariea - The horizontal plane of the undecora n s ed floor. - (b) The ~eria~etrical boundaries of the apartment shal~ be t e ver caI planea o~uniecorated finished interior oP the xalls boundin~g the apartment eatending to intersection with each other and with the upper and loxer boundariea, and trhere there is attached to the bui2ding a balcor~y, loggia, terrace or canopy, the peri- metrical boundaries ahall be extended to include the aame. 3.5 Racreation Area. A Reareation Area has been leased by the Associa on as agen for the apartment orrrr~era pursuan~ to th~ _ 3_ ~c Z~ P1~~~ LAW OF/IGq p/ ~plp~'<IN, FRANKLIN, CHONIN t aCHRANK, P. A.. 2020 tiORTH[AfT 16s~D fTR[[T, NORTM MIAMI ~~l?CH, rLO1lIDA !~I!= s,~ $ a, - - - ~ a ~'~,'s'}'~.r-~ F~ ar . ~~:k~"' ~ _ ~..~.-~tm ~.m.~ ^u~ ~ ~ ~ . l~E`e m.. - .