HomeMy WebLinkAbout2617 within a Unit are part of the Common Elements to the unpainted/
unpapered finished surface of said walls. All doors (glass or
otherwise), and all windows and screens, shall be a part of the
Unit to the exterior unfinished surface thereof (if applicable);
(2) any balconies, terraces or porches abutting a Unit are Limited
Common Elements to that Unit to which it attaches and whose use
is restricted to-said Unit and maintenance thereof shall be the
responsibility of the Unit Owner of said Unit. The boundary
lines of such balconies, terraces and porches are the interior
vertical surfaces thereof and the exterior unpainted surface of
the perimeter thereof.
ARTICLE IV
EASEMENTS
A. The Units and Common Elements shall be and hereby are
made subject to an easement for such utility services as are
desirable or necessary to serve adequately the Condominium Property
including, but not limited to any such Property added by Phases
B and C, including the right to install, lay, maintain, repair,
relocate and/or replace any utility lines and/or equipment over,
under, or along the Condominium Property; provided that any such
easement through a Unit shall not be enlarged or extended beyond
its extent on the date of the first conveyance of said Unit by
Developer after this Declaration of Condominium is recorded,
without the consent of the Unit Owner.
B. Each Unit shall have an easement for structural support
over every other Unit and portion of the Common Elements supporting
such Unit, and each portion of the Common Elements shall have an
easement for support over all Units and all portions of the
Common Elements supporting such portion of the Common Elements.
C. Each. Unit shall be and hereby is made subject to an
easement in favor of the Condominium Association for entrance to
the Unit to maintain, repair or replace the Common Elements.
D. All of the Condominium Property shall be and hereby is
' made subject to easements for encroachments which now or hereafter
exist caused by settlement or movement of any improvements upon
the Condominium Property or caused by minor inaccuracies in the
f construction, repair or alteration of such improvements, and such
easements shall continue until such encroachments no longer
E exist.
E. Developer, for itself, its successors and assigns,
reserves and shall have the right and easement to install and
maintain upon, through and under the Common Elements such electric,
water, sewer, telephone, radio, television, drainage and utility
lines, mains, cables and facilities as Developer, in Developer's
sole discretion, shall deem necessary or desirable to be used in
f connection with any property other than t'?ie Condominium Property,
provided only that the maintenance of such lines, mains, cables
and facilities does not materially and permanently interfere with
the uses for which the Common Elements or any portion thereof is
intenders.
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F. The easements set forth in Article IV A, B, C, D, and E,
supra, shall run with the Land and shall be binding upon every
s Unit Owner and every claimant of the Condominium Property or any
portion thereof, or of any interest therein, and-their respective
heirs, executors, administrators, successors and assigns. Should
the intended creation of any easement fail by reason of the fact
that at the time of creation, there may be no grantee in being
having the capacity to take and hold such easement, then any such
` grant of easement deemed not to be so created shall nevertheless
be considered as having been granted directly to the Association
for the purpose of allowing the original party or parties to whom
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