Reso 2016-2552 - Laserfiche WebLink

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(1) Unit 1 shall have one percent (1%) share; (2) Unit 2 shall have one percent (1%) share; (3) Unit 3 shall have ninety-eight percent (98%) share. Every purchaser of a Unit, whether from Developer or otherwise, hereby agrees to be bound by such calculations and hereby irrevocably waives the right to assert that the formula used or the measurements made were unfair, inequitable, or otherwise in error. The Common Expenses shall be shared and the Common Surplus shall be owned in the same proportion as each such Unit Owner's share of the ownership of the Common Elements. B. Appurtenant. The undivided share in the Common Elements and Common Surplus which is appurtenant to a Unit, and the exclusive right to use all appropriate appurtenant Limited Common Elements, shall not be separated from such Unit and shall pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Common Surplus, and the exclusive right to use all Limited Common Elements appurtenant to a Unit, cannot be conveyed or encumbered, except together with such Unit. The respective shares in the Common Elements appurtenant to Units shall remain undivided, and no action for partition of the Common Elements, the Condominium Property, or any part thereof, shall be undertaken, except as provided herein with respect to termination of the Condominium. 6. EASEMENTS: The following easements are hereby created (in addition to any easements created under the Act and any other provisions of this Declaration): A. Support. Each Unit shall have an easement of support and of necessity and shall be subject to an easement of support and necessity in favor of all other Units and the Common Elements. B. Utility and Other Services: Drainage. Non-exclusive easements are hereby reserved unto Developer, and thereafter to the Association and to each Owner, and also granted to the respective utility providers under, through and over the Condominium Property as may be required from time to time for the construction, use and maintenance of all utilities (whether public or private), cable television, communications and security systems, and other services which may serve the Condominium; provided, however, that these easements shall not permanently interfere with the use of the Units. A non- exclusive easement is also reserved unto Developer and granted to all applicable governmental entities over and across the Common Elements for the purpose of providing drainage and for the installation, operation, use and maintenance of drainage facilities; provided, however, that the Condominium Association shall be responsible for the continuous maintenance of the easements and rights-of-way of the drainage system located on any and all portions of the Condominium Property. C. Encroachments. If: (1) any portion of the Common Elements encroaches upon any Unit; (ii) any Unit encroaches upon any other Unit or upon any portion of the Common Elements; or (iii) any encroachment shall hereafter occur as a result of (a) construction of the improvements; (b) settling or shifting of the improvements; (c) any 11