HomeMy WebLinkAbout0007 boundaries 4re b~~~g altered, pi~v~ded no su~h ~~hange
shall be rna~e wi~hout amendment ~f this ~eclar4tion,
and provid~d, further, that an amendment £or su~h
purpose need be sig~ed and ack~~owledged ~nl~ by the
Developer and approved by the institutional mortgage~
~ of apartments affected, where the said apartments are
_ encum~~ar~d by individual n~o-rtgages, or where they are
~ncluded in an ovPrall construction mortgage on the
Condomin~ ur~ building and su~h a~~end ;~nt shall not
require Lhe apFroval of apartment owners, the Lessor,
GI' Of the Association.
3.3 Easements are expressiy provided for and reserved
in favor o the o~,mers and occupants of the Condominium
building, their guests and invitees, as follo~vs:
(a) Utilit;es. Easements are reserved through
the Condomzniam property as may be required for
utility services in ordei to serve the Condominium and
the Recreation H?~ea adequately, provided, however, such
easements shall be only according to the plans and
specifications £or the building, or as the building is
constructed, unless approved in writing by an apar-tr~~ent
owner or the owner of the Recreation Area, as appro-
priate.
(b) Encroachments. Ir, the event that any apart-
ment or the Recreatior~ Area sha11 enczoach upon any of
the common elements or upon any other apar~ment for any
reasor. other than the intentional or negligent act of
the apartment owner, or owner of the Recreation Area,
~r in the event any common element shall encroach
upon any apartment, then an easement shal~ exist to
the ~xt2nt of such an encroachment so long as the same
shall exist.
' (c) Traffic. An easement shall exist for pedes-
~ria~ traff~c over, through and acroGs sidewalks, paths,
~ ~~~tions of the" common elements as r~ay be frem time +o
tir,Te intended ar.d designated for such purpose and use;
and for vehicular and pedestrian traffic ov~r, through
and acrass such portions of the comrnon elements as may
frcm time tc time be paved and intended fer such
purposes, and such ~asement shall be f~r the ~se a~~
benefit of the apartment unit ~wners, the owner cf ±he
Recreation Area, and those claiming by, through or
~ under the aforesaid; provided, however, nothing herein
i shall be construed to give or create in any persc~n the
; right to park upon any portion of the Condominium property
f except to the extent tfiat space may be sp~cifically
; designated and assigned for parking purposes.
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~ 3.4 A~.>artment Boundaries. Each apa rtment shall include
~ ii~at ~art of t 4 bui d~ng contain?ng the apartmenL that lies
~ ~•rithin the boundaries of the apartment, rvhich bcundaries
~ are as follows:
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~ (a) The upper and lower boundaries of the
apartment shall ~e the f~llowing boundaries extended to
~ an intersection witn the perimztrical boundaries:
~ (1) Upper Roundar?es - The horizontal plans
~ - ~ of the undecorated inis ed ceiling.
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` (2) LoK~er Baundaries - The horizontal plane
cf the undecorated finished floor.
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