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HomeMy WebLinkAbout2015 this Declaration, provided, further, that an amendment for such purpose need be signed and acknowledged only by fihe Developer and need not be approved by the Association or apartment owners or by the Condominium, whether or not elsewhere required for an amendmeirt. (a) Alteration of boundaries and apartment dimensions. Developer reserves the right to alter the boundaries betweQi~ - units, so long as Developer awns the units so altered; to increase or decrease the number of apartments and to alter the boundaries of the common elements, so long as the Developer owns the apartments abutting the common elements when the boundaries are being altered, provided no such ~ change shall be made without amendment of this Declaration, and provided, further, that an amendment for such purpose need be signed and aclanowledged only by the Developer and approved by the institutional mortgagee of apartments affected, where the said apartments are encumbered by individual mortgages, or where they are included in an ~:~erall construction mortgage on the Condaninium building and such amendment shall not require the approval of apart- ment owners, the Lessor, or of the Association. 3.3 Easements are expressly provided for and reserved in favor of the owners and occupants of the Condominium building, . their guests and invitees, as follows: - (a) Utilities. Easements are reserved through the _ Condominium property as may be required for utility services in order to serve the Condominium and the Recreation Area adequately, provided, however, such easements shall be only according to the plans and specifications for the building, ~ or as tl~e buildi.ng is cor~structed, unless approved in writing ~ by an apartment owner or the owner of the Recreation Area, : as appropriate. 3 ~ (b) Encroachments. In the event that any apartment ; ~ or the Recreation Area shall encroach upon any of the ~ common elements or upon any other apartment for any reason ; ; ofiher than the intentional or negligent act of the apartment ~ i owner, or owner of the Recreation Area, or in the event any i conunon element shall encroach upon any apartment, then an t ~ easement shall exist to the extent of such an encroachment ~ ~ so long as the same shall exist. ~ (c) Traffic. An easement shall exist for pedestrian s traffic over, through and across sidewalks, paths, portions ~ of the con.~~~n elements as may be from time to time intended ~ and designated for such purpose and use; and for vehicular ~ and pedestrian traffic aver, through and aeross such portions ~ of the cor~non 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 Area, and those claiming by, through or under ~ ~y the aforesaid; provided, however, nothing herein shall be : ~ construed to give or create in any person the right to park . i ~ 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 3 - ~ R z3~ PACf 2~~e~ ~ - BooK ~ ~ ~~4 ~ - _ _ . . . . ~.Z~ f~^~'s~ ; ~`a~- ? s ~~~..,.'~'x . c t ~ . _ . , _ _ . . : _