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ao long aa the Developer oMna the apartmenta abutting the
~ connnon elementa Mhere the boundariea are being altered,
provided no such change ahall be mads Mithout amendment
of thia Declaration, and provided,further, that an amend-
ment for euch purpose need be aigned and acknoMledged only
by the Developer and approved bq the inatitutional m~rt-
gagee of apartments affected, rrhare the aaid apartmenta
are encumbered by individual mortgages, or where they are
included in an overall conatruction mortgage on the
Condominium building, and such amendment ahall not
require the approval of apartment oMnera, the Lesaor, ;
or of the Asaociation.
3•3 ~sementa are eapreaaly provided for and reserved in
favor oP t e oMners and occupanta of the Condominiu~a building,
their guests and invitees, aa folloNa:
(a) Utilitiea. Easementa are reserved through
the Condom3n~um
property aa may be required for util-
ity services in order to serve the Cor~dominium and the
Recreation Area adequate~y, provided, ho~ever, such
easementa shall be only according to the plana and ape-
cificationa for the building, or as the building is i
constructed, unleas approved in Mriting by an apartment ~
oMner or the oxner of the Recreation Area, as appropri- '
ate.
(b) Encroachments. In the event that any apart-
ment or the ecrea on Area ahall encroach upon arqr of
the common elements or upon any other apartment for any
reason other than the intentionail or negligent act of
the apartment orrr~er, or oMner oP the_ Recreation Area, or
in the event arqr com~wn element shall encroach upon any
apartment, then an eaaement shall exiat to the extent of ;
such an encroachment ao long as the same shall exiat. `
(c) Traffic. An easement ahall exist for pedes-
trian tra c over, through and acrosa aideMalka, paths,
~ Nalks, halls, lobbiea, elevators, center corea, and othe r
portions af the co~on elementa as mdy be from ti~ae to
~ time intended and deaign~ted for such purpose and use;
~ and for vehicular and pedeatrian traflic over, through
~ and acrosa such portions of the comm~n elements as mny
r Prom time to time be paved ar~d intended for such purpo4es,
~ and auch eaaement ahall be for the use and benefit of the
apartment unit o~nera, the orrner of the Recreation Area,
and those claimir~g by, through or under the aforeaaid;
provided, horiever, nothing herein shall be construed to
give or create in any person the right to park upon ar~r
portion of the Condondnium property except to the extent
that space may be speciPically designated and assigned for
parking purpoaea.
3.4 A artment Boundaries. Each apartment ahall include that ~
part oP the u ng con a n ng the apartment that lies Mithin the
boundaries of the apartment, Mhich boundaries are as fo1l,oMS:
~ (a) The u r and lo~er boundaries of the apartment
shall be tFie~o o rig o ar ea ex erx3ed to ~n intersec-
~ tion Mith the perimetrical boundariea:
~
(1} U er Bour~daries - The horizontal plane
~ of the undec~e n a ed ceiling.
~
(2) Lorrer Boundaries - The horizontal plane .
of the ur~decora~ a e oor.
~
~ gooK ~y5 PacE1~i~
- 3- BooK 193 259y
Lt.W OFFICEb OF GOLDSTEIN FRANKLIN, CHONIN S SCNRANK. P A. T020 NORTHEAST IC3HO STREET.~ NORTH MIAMI BEACH. FLORIDA j~162
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