HomeMy WebLinkAbout2602 so long na ~he nevelopar oMna the apartraenta abutting the
co~on elementa ~here the boundariea are being altered,
p*.wvided no auch change +~hall be made xithout amendment -
oi' thia Declaration, and pi*ovided, further, that an amend-
ment for auch purpoas need be eigned and acxrwMledged only
by tha Developer and approved by the inatitutioru~l m~rt-
gagee of apartments affscted, Mhere the aaid apartmenta
are encumbered bq individual mortgagea, or ~here they are
included in an overall conatruction mortgage on the
Condominium building, and such amendment ahall not
require the approva2 of apartment o~rnars, the Lessor,
or of the Aasociation.
3•3 Easements are expreaaly provided ror ani rese rved in ~
favor ot t e oxr~ers and occupanta of ~he Condoednium buildirig, i
their guests and invitees, as folloNa: ~
(a) Utilitiea. Easeanenta are reserved through
_ the Condo n um property aa may be requ3red tor uti2-
ity servicea in order to serve the Condominium and the ;
_ Recreation Area adequately, provided, ho~ever, euch #
- easements ahall be only according to the plane and ape-
cificationa for tha buildir~g, or as the building is
constructed, unless approved in Mriting by an apartment
o~ner or the ormer of the Recreation Area, as appropri-
ate. -
(b) Encroaahmenta. Tn the event that any apart- ;
ment or the ecrea on Area ahall encroach upon ar~r of '
the common elements or upon any other ape~rtment Por ar~y
reason other than the intentional or negligcnt act of
the apartment oxner, or o~mer of the Reereation Area, or
in the event arpr com~wn element shnll encroach upor any ~
apartment, then an eaaement shall eaiat to the eatent of i
such an encrc~achment so long as the sa,me shall eaiat. °
(c) Traffic. An easement ahall eaist for pedes-
trian trat4'i"c
ov'~er, through and across ~ideralks, paths,
aalks, halls, lobbiea, elevators, center corea, and other ~
portiona of the common elements as mnq be from time to ~
time intended and deaignated far such purpoae and use;
~nd for vehicular and pede~t~~n traffic over, throu~
and acrosa such portiona of the comman elements as mdy
from time to t~me be paved arrd intended for such purpoaes,
and auch eaaement ahall be for the use and benefit of the
apartment unit o~rnera, the o~mer of the Recreation Area,
and thoae clailning by, through or under the aforesaid;
provided, ho~ever, nothing herein shall be conatrued to
give or create in ar~q peraon the right to park upon ar~r
portion of the Condoadnium property except to the eztent ~
that space may be apecifically deaignated and asaigned for. ~
parking purposes. ~
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3.4 Apartment Bour~dartea:- Each apartment ahall include that ~
part of the'bu3 ng can
a~n~'ng the apartment that lies Mith3n the
boundaries of the apartment, Mhich bouniaries are aa folloKe:
(a) The u r and lo~er boundaries of the apartment ~
shall be t e o o ng ar ea ex~en3ed to an intersec-
tion rrith the perimetrical boundariea: - #
(1) Upper Bour~daries - The horizontal plane
of the undecora e n a ed ceiling.
( 2) I~oNar Boundarie s- The ho ri zonta 1 lane ~
- p ~
o f t h
e u r~ d e e o r a e a e o o r.
~ - 3- 8~~~ 193 259~
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