HomeMy WebLinkAbout0866 boundaries are being altered, provided no such change •
shall be made without amendment of fihis 1)eclaration,
and provided, further, that an amendment for such
purpose need be signe6 and acknowledged only by the
Developer and approved by the insfiitutional mortgagee
of apartments affected, where the said apartments 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 avners, the Lessor,
or of the Association.
3.3 Easements are expressly provided for and reserved
in favor o t e owners and occupants of the Condominium
building, their guests and invitees, as follows:
(a) Utilities. Easements are reserved through
the'Condominium property as may he required for
utility services in order to serve the Condominium and
the Recreation Area adequately, provided, hawever, such
easements shall be only according to the plans and
specifications for the building, or as the building is
constructed, unless approved in writing by an apartment
awner or the owner of the Recreation Area, as appro_
priate.
(b) Encroachments. In the event that any apart-
ment or the Recreation Area shall encr~ach upon any of
the canmon elements or upon any other apartment for any
reason other than the intentional or negligent act of
i the apartment awner, or awner of the Recreation Area,
or in the event any corNnon element shall encroach
upon any apartment, then an easement shall exist to
the extent of such an encroachment so long as the same
shall exist.
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; (c) Traffic. An easement shall exist for pedes-
~ trian traf ic over, through and across sidewalks, paths,
; portions of the cortanon 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 uiiit owners, the owner of ttie
~ Recreation Area, and those claiming by, through or
under the aforesaid; provided, however, nothing herein
3 shall be construed to give or create in any person the
~ right to park upon any portion of the Condominium property
~ except to the extent that space may be specifically
~ designated and assigned for parking purposes. The Developer
~ further reserves unto itself and assigns the riparian rights,
? _ if any appertaining hereto, including a perpetual easement
for ingress and egress to any docks, walkways and tie poles
~ which may be constructed adjacent to said property.
= Further, the developer shall have the right and easement
} for connection and lateral support to any seawall, or
" other facility upon said property. ~
3.4 Apartment Boundaries. Each apartment shall include
that part o t e ui ing containing the apartment that lies
- within the boundaries of the apartment, which boundaries are
~ as follows:
(a) The upper and lower boundaries of the apart-
_ ment shall e t e o owang oun aries extended to an
intersection with the perimetrical boundaries:
(1) Upper Boundaries - The horizontal plane
of the undecorate inis ed ceiling.
(2) Lower Boundaries - The horizontal plane
of the undecorate inis ed floor.
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