HomeMy WebLinkAbout1486 favor of the owners and occupants of the Coridominium building,
their guests and invitees, as follows:
(a) Utilities. Easements are reserved through
the Condom3n
u~m property as may be required for util-
ity services in or.der to serve the Cor~dominium and the
Recreation .1rea adequately, provided, however, such
easements shall be only according to the plans and sge-
cifications for the building, or as the building is
constructed, unless approved in writing by an apartment
owner or the owner of the ~ecreation ~rea, as appropr~- ~
ate. ~
i
(b) ~;ncroachments. In the evcnt that any apart- ~
ment or the Rec~'ea on area shall encroach upon any of
the common elements or upon ar~y other apartment for any
reason other than the intentionaZ or negligent act of
the apartment 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 encroacnrnent so Zong as the same shall exist.
(c) Traf~'ic. an easement shall exist for pedes-
trian traf`~c
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 across such portions of the common elements as may
from time to time be paved and intended for such purposES,
and such easement shall be for the use and benefit of the
apartment unit owners, the owner of the Recreation ,~rea,
and those claiming by, through o r ur~der the aforesaid;
~ provided, hoh•ever, nothing herein shall be construed to
give o r cr~ate in an~ person the right to park upon any
r portion of the Condominium property except to the extent
~ that space may be specifically designated and assigned for
; parking purposes.
~
= 3.4 ~apartment Boundaries. ~.ach apartment shall include that
~ part of the u ~ng con a n ng the apartment that lies within the
~ bou.ndaries of the apartment, which boundaries are as follows:
(aj The up er and lower boundaries of the apartment
~ snali oe t e o ow ng oun ar es ex e ed to an intersec-
~ tion with the perimetrical boundaries:
~
~ (1} Upper Boundaries - The horizontal plane
of the un ec~ra e n s ed ceiling.
f~ (2) Lower Boundaries - The horizontal plane
' of the undecora e n s ed f loor. ~
~
- {b) 1~he pe rimetrical boundaries of the apartment
3~ shall be t ver ca p anes o e undecorated finished
interior of the walls bounding the apartment extending
to intersections with each other and with the upper and
lower boL:ndaries, and where there is attached to the
- building a balcor~y, loggia, terrace or canopy, the peri-
;a rr,etrical boundaries shall be extended to include the same.
, ~
~z 3• 5 Recreation ~rea. ~ Recreation ~rea has been leased by ~
the Hssocia on as agen for the apartment owners pursuant to t~~e
_ provisions of a Ninety-Nine Year Lease. The Recreation Area shall
be administered by the Associatio:., and shall be available for
`~X the use of apartment owners without discrimination and without
_ charge except where specifically authorized by this Declaratio n, ~
except that the Association may adopt regulations providing for
charging for exclusive use of the facilities by an apartment ~
owner from time to time if such exclusive use is made available ~
- to alI apartment owners. Use of the recreational facilities shall ~
= be pursuant and sub~ect to the provisions of the Ninety-Nine Year ~
Lease. #
_ _ doox197 P~~.~84 #
3 ;
~aW OFFlCES OF GOLDSTEIN. FRANKLIN. GHONIN R SCHRANK, P. A.. 2020 :~ORTHEAST 163AO STREET, NORTH MIAMI BEACH. FLORIDA 33162