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S. The Condominium Association and its members, the ~
reveloper, its successors and assigns by virtue of the executi~n of this
L~eclaration and the Exhibits attached hereto, are hereby granted an
easement over, throuqh and across the paved areas af the comm~n ~
elements other than the limited common elements, f~r vehicular (if
appropri~te) and pedestrian purposes. The aforesaid parties are further
granted a pedestrian easement over and throuqh and aeross limited common
elements of the Condominium other Ehan parkinq spaces, pa.tios, decks ~r
balconies in the Concominium.
The aforesaid easements shall also be, where appropriate, f~r
the benefit of all owners and users and persons resident upon the lands or
any portion, n~w or in the future contained within Turtle Reef (as described
in the MASTER L~ECLARATICN CF CCVENAI~TS, CCNL~ITICNS ANL` ~
~ RESTRICTICNS CF 'I~RTLE RFEF). ~
No right shall ever accrue to the public from the ab~ve deti~ribed
easements and said ea.sementc shall endure to January 1, 2035, and there-
. after for successive periods of ten (10) years unless sooner termina.ted by
a reeorded document duly executed and recorded by the persons required ~
in the Public Records of St. Lucie Co~:nty, Florida. Said easements may ~
be terminated in whole or in part prior to January lst, 2035, and thereafter ~
upon the joint consent of the L~eveloper, its su~cessors and assigns, and
the owners of all the lands which are entitied to t~~e use of said easements ~
except where all or portions of'said lands shall have been submitted t~ ~
Condominium ownership, the Condominium Associati~n(s) responsible
for the ~peration and management of said Condominium{s) ~re irrevoc~.bly ~
appointed and aiithorized by the Unit Cwners of the Condominium t~ execute
said instrument_and the execution of said instrument by the Unit Cwners
shall not b~ required. The foregoing shall be subject to such additional
~ easements as the L`eveloper may hereafter deem necessary ar~d the ~evel- ~
oper shall have the riqht, in its sole descretion, to'gc~.nt such additional ~
ea~ements over, upon and across said easements areas as it deems
ne~essary and the consent of n~ other party shall be required during the
aforementioned time during which L~eveloper has suc~ riqht. }
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T. In or der to insure tE~e C~ndominium and TURTL E REEF with ~
adeqUate and unif~rm water service and_ sewerage disposa.l.servi~e, tt~e
reveloper hereby reserves the exclusive right t~ c~ntract for. the servicing
~f said C~ndominium and ttie Unit Cwners therein, and-IURTLE RFEF ~
with said services. Pursuant t~ the foreqoing, the L~eveloper has, will ~
or may c~ntract with a utility c~mpany which may inciude a municipa,l or ~
government~l agen~y or authority for the furnishing of said services and ~
the Association and Unit Cwners agree to pay the charges therefor and ~
pursuant to and to comply w'ith ail of the terms and conditions of said ~
utility agreement. The L~eveloPer shall ha.ve and hereby reserves the ;
ex~lusive right t~ c~ntract for the servicing-of this C~ndominium and the - ~
Unit Cwners therein to provide waste and trash removal and such agreement ~
shall be for such period of time and upon such terms anci c~nditi~ns as the ~
reveloper determines in its sole d;scretion. ~ . ~
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U. Notwithstanding the fa~t tEiat the presen~ provisi~n: ~f the ~
Condominium A ~t are in~orpora.ted by reference and included herein ~
thereby, the Pro~~isions of this L`eclaration and Exhitiits attached hereto ~
shall be p~.c~.mount t~ the Condominium Acts as to th~~e provisi~ns where ~
permisstve variances are permitted; otherwise, the provisions of said `
Condominium Act shall prevail and shall be deemed inc~rporated herein. ?
W. R. SCOTT ~
~noRNSrwrtww V. The TURTLE REEF Condominium II project is part of. the '
~oo co~owwoo ~vwos i
57YA~. planned development encompass ing other real property. subJect to the
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