HomeMy WebLinkAbout2838 ~ so long as the Developer owns the apartments abuttin~ t3~e
com~non elements where the boundaries are being altered,
grovided no such chanbe sh~? 1 te *ra~e ~3theu~ a~Pr_3^~p:~t
of this De~laration, and provided, further, that an a~r.end-
ment for such purpose need be signed and acknowledged only
by the Developer and approved by the institutional crr~rt-
gagee of apartments affected, where the said apartrrents
are encumbered by individual mortgages, or where 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 oP the Association.
3•3 Easements are expressly provided for and rese rved in
favor oi' t e owners and occupants of the Condominium building,
their guests and invitees, as followa: _
(a) Utilities. Easements are reserved throuQh
the Condom n um property as may be required for util-
ity services in order to serve the Condominium and the
Recreation Area adequately, provided, however, such
easements shall be only according to the plans and spe-
ciPications 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 appropri-
ate. ~
.
(b) Encroachments. In the event that any apart-
ment or the ecrea on Area shall encroach upon any oF
the common elements or upon any other apartment for any
reason other than the intentional or negligent act of
the apartrr~nt owner, or owner oP the Recreatlon Area, or
in the event ar~y common element shall encroach upon any
apartment, then an easement shall exist to the extent oP
such an encroachment so lorig as the same shall exist.
i
' (c) Traffic. An easement shall exist for pedes-
i trian traf'~'~c
over, through and across sidewalks, paths,
i 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 oP the conunon elements as r~ay
from time to time be paved arxi intended for such purposes,
~ and such easement shall be for the use and benefit of the
; apartment unit owners, the owner of the Recreation Area,
- and those claiming by, through or under the aforesaid;
~ ~ provided, however, nothing herein shall be construed to
~ give or create in any person the right to park upon ar~r
~ portion of the Condominium property except to the extent
that space may be specifically designated and assigned Por
~ parking purposes.
~ i
~ 3.4 Apartment Boundaries. Each apartment shall include that t
part of the u ng con n ng the apartraent that lies within the ~
A:} boundariea of the apartment, which boundaries are as Pollows: '
(a) The upper and lower boundaries oP the apartment
shall be t e o otv ng o ar es ex e ed to an intersec-
- tion with the perimetrical boundaries:
~
- (1) Upper Boundaries - The horizontal plane ~
oP the undecora e n s ed ceiling.
(2} Lower Boundaries - The horizontal plane
- oP the undec~ra e s e or.
:e;~ _ 3 600K~~~ PAGf ~8~5 i
_ ;
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F' ~/~W OFF~CES OF GOLDSTEIN, FRANKLIN, GIiONIN Q SCHRANK. P.A., 2020 NORTMEAST 163eD STREET, NOR7H MIAMI BEACM. Fl_OR~DA 33io2
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