HomeMy WebLinkAbout0448Common Elements shall have an easement For supporC over all
Units and all portions of the Common Elements supporting
such portion of the Coimnon Flements.
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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 insoect~ maintain, repair or replace the
Common Elements and to otherwise maintain the Condominium
Property, or to abate emergency situations which threaten
damage to the Condominium Pro~erty. or any of it.
D. All of the Condominium Property shall be and
hereby is made subject to easements for encroachments which
now or thereafter exist caused by settlement or movement of
any improvements upon the Condominium Pro~erty or caused by
minor inaccuracies in the construction, repair or alteration
of such improvements, and sucfi easements shall continue
until such encroachments no longer exist.
E. Developer, for itself, its successors and assi~ns~
reserves and shall have the right and easement to install
and maintain upon~ through and under the Co~non Elements
such electric, water~ sewer, telephone, radio,~television~
drainage and utility lines, mains, cables and facilities as
Develope'r,',in Developer's sole discretion, shall deem necessary
or desirable to be used in connection with any property
other than the Condominium Property, provided only that the
maintenance of such Iines, mains~ cables and facilities does
not materially and permanentl_y interfere with the uses for
which the Common Elements or any portion thereof is intended.
F. The paved area of the Common Elements, other than
*he actual parking soaces; together with any other.sidewalks,
paths, lanes, public areas and recreation areas, all as
shown on the survey attached as-Exhibit 3 hereto or on the
survevs of any additional Phases submitted to condominum
Qwnership pursuant to this Declaration by amendment hereto,
or hereafter located within the Condominium shall be, and
the same are hereby declared to be nonexclusive easements
for in~ress and egress and access to, over and across public
ways, including dedicated streets, which easements are
hereby created in favor of all Unit Owners €or their use and
the use of their resuective family members, guests, invitees
or licensees, and the Developer and Association for all
proper and normal purposes, and for the furnishing of services
and facilities for which the same are reasonably intended.
provided, however~ that_vehicular traffic shall be confine~
to the paved areas. Said easements are not encumbered by ~
any leasehold~or lien other than thase on the Units.
G. The real ~ropert_y included with the condominium and
that real pronerty included within Phases II and III, whether
or not added to the Condominium, shall have cross easements
for existing utilities and the repair, replacement and
service of those utilities.
H. ~The easements set forth in this Article X~~ shall
run with the Land and shall be binding upon ever_y Unit Owner
and every claimant of the Condominium Prouerty or anv
portion thereof, or of any interest therein~ and their
resQective heirs, executors, administrators, successors and
assigns. Should the intended creation of anv 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 anv 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
the easements were originally granted the benefit of such
easement and the Unit Owners designate the Develoner and/or
Association as their lawful attorney in fact to execute any
instrument on their behalf as may hereafter be required or
deemed necessary for the purpose of creating such easement.
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