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HomeMy WebLinkAbout2974 the portions of the Future Development Property being so served thereby, all as is hereinafter set forth. . E . Equities does hereby grant unto all Owners of any portion of the Future Development Property or any Residence now existing or hereafter con- - structed upon the Future Development Property , and unto any condominium association or homeowners association, the members of which are Owners of Residences located upon the Future Development Property, and their respec- tive heirs, administrators, successors and assigns a nonexclusive easement for drainage of surface water (the "Future Development Property Drainage Ease- ment") from the Lake to be located upon a portion of that part of the Future Development Property lying to the east of the real property more particularly described on Exhibit H attached hereto and made a part hereof (the "Section 3 Lake") under that portion of the Future Development Property more particu- larly described on Exhibit I attached hereto and made a part hereof and into the lake located upon that ,portion of the Future Development Property more particularly described on Exhibit 7 attaced hereto and made a part hereof (the "Section 2 -Lake") and from the Section 2 Y.ake under that portion of the Future Development Property described on Exhibit K attached hereto and made a part hereof . The Future Development Property Drainage Easement also includes a nonexclusive easement_ for drainage under that portion of the Future Development Property more particularly described on Exhibit K-1 attached hereto and made a part hereof for drainage between the Section 2 Lake and the canal in the County right-of-way abutting the property so described on Exhibit K-1 on the east of such property so described on Exhib- it K-1 and an easement for the location, maintenance and operation of drainage pumps and related facilities to be located on the real property more particu- larly described in Exhibit K-2 attached hereto and made a part hereof which pumps serve the overall drainage needs of the Future Development Property and the Section 1 Condomfnium. The Future Development .Property Drainage Easement shall run with and be appurtenant to the Future Development Proper- ty and all portions thereof .and inure to the benefit of all Owners and occu- pants of any portion of the Future Development Property . _ IV. ASSESSMENTS FOR CERTAIN EXPENSES A . Affirmative Covenant to Pay Expenses . In order to fulfill the covenants herein contained with respect to the Roadways, the Future Development Property Sewage System, the Future Development Property Force Main, the Future Development Property Lift Station, the Future Development Property Water System and the Future De- ~ velopment Property Drainage Easement and in order to provide for the mainte- ~ ~ nance, preservation, repair and reconstruction thereof and the improvements contained therein and thereon as shall, from time to time, be necessary so as to maintain same in good condition and repair for the purposes set forth herein, there is hereby imposed upon the Contributing Units being served thereby the affirmative covenant and obligation to pay the costs of such main-~ 4 tenance, repair, preservation and reconstruction of each ~ of the foregoing ~ (hereinafter referred to as the "Operating Expenses"). As to any condo- minium declared upon any portion of the Future Development Property , the condominium association responsfble for operating such condominium shall recognize this Declaration as an agreement under which the assessments due hereunder against any Contributing Units forming a portion of such condo- minium shall be deemed part of the "Common Expenses" (as such term is presently defined in the Act) of such condominium. Equities, for itself, as Owner of th~ Future Development Property and each future Owner of any portion of the _ uture Development Property, by acceptance of a deed or other instrument of conveyance therefor, whether or not it shall be so expressed in any such deed or instrument, do hereby agree -that the Owner of each and X every Contributing Unit shall pay his proportionate share of the Operating Expenses in the manner hereafter more particularly set forth . i 5 ti . s~RK 30~ ~A~E2969 ~ RUOEN, BARNETT, MCCLOSKY 6 SCHVSTER. ATTORNEYS AT LAW, 25 SOUTH ANDREWS AVENUE. FORT LAUDERDALE, FLORIDA i : ~ n. - ~ - -c