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HomeMy WebLinkAbout0666 r ~ - 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. } r . ~ 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. ~ . ~ ~ ~ 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 o~ - ~ . au~4 ~ ~iI-31 BeO~ ~ ~ f t'~G 3 ` i F ~.,,`~g""~,` . ~ . . . _ _ . . . . "a-5.. „~~';r..,-- ~ -0x t ~i.~ .~.,-.__~y _ " , _ . .~...~G ....~:Jtmsr-u. . _