MASTER DEED
CREATING AND ESTABLISHING
THE ATLANTIC PALACE
A CONDOMINIUM
Prepared by:
H.B. Munn, Jr.
Vice President, Development
U. S. Capital Corporation
MASTER DEED
THE ATLANTIC PALACE, A CONDOMINIUM
ARTICLE
VI
Easements and Restrictions
Developer, for itself, its successors and assigns,
hereby declares the following easements, encroachments and restrictions:
- Each Unit Owner shall have a perpetual, general non-exclusive easement
in, over, upon, through, under and across the General Common Elements
for ingress and egress to and from his Unit, and for the use and enjoyment
of the General Common Elements, subject to and in accordance with the
provisions of the Condominium Documents and rules and regulations as
may be promulgated from time to time by the Association;
- Each Unit Owner and the Association shall have a perpetual, general,
blanket, non-exclusive easement in, over, upon, through, under and across
the Common Elements for the purpose of installation, maintenance, repair
and replacement of all sewer, water, power and telephone, pipes, lines,
mains, conduits, poles, transformers, mast television antennas or cable
and satellite television reception facilities and any and all other
equipment or machinery necessary or incidental to the proper functioning
of any utility systems;
- Each Unit Owner and the Association shall have a perpetual easement
in common with the owners of all other Units to use all pipes, wires,
ducts, cables, conduits, public utility lines and other General Common
Elements located in any of the other Units and serving his Unit. Every
Unit shall be subject to an easement in favor of the owners of all other
Units to use the pipes, ducts, cables, wires, conduits, public utility
lines and other General Common Elements serving such other Unit and
located in such Unit. The Association or its representative shall have
the right of access to each Unit to inspect same and to correct any
conditions threatening another Unit or the Common Elements or violating
any provision set forth in the Master Deed, the By-Laws or in any regulations
promulgated by the Association; provided, however, that requests for
such entry are made in advance and that any such entry is at a time
reasonable convenient to the Unit Owner. In case of an emergency such
right of entry shall be immediate, whether the Unit Owner is present
at the time or not.
- Each Unit owner shall have an exclusive easement for the existence
and continuance of any encroachment by his Unit upon any adjoining Unit
or the Common Elements;
- Developer, its successors, agents, assigns, representatives and invitees
shall have and enjoy a blanket and on-exclusive easement in, out, upon,
through under and across General and Limited Common Elements for a long
as Developer, its successors, agents, assigns, representatives and invitees,
shall be engaged in the construction, development and sale of Units,
which easement shall be, without limitation, for the purpose of construction,
development and sale of Units, which easement shall be, without limitation,
for the purpose of construction, installation, financing, maintenance
and repair of the Condominium Property and its appurtenances, for ingress
and egress to all Units and all General and Limited Common Elements,
for the use of all driveways, common parking areas, for existing and
future model Units and for sales promotion and exhibition. In addition,
Declarant hereby reserves the irrevocable right to enter into, upon,
over or under any Unit for a period of one (1) year after the date of
delivery of the deed therefor for such purposes as may be reasonably
necessary for Developer or its agents to complete the Condominium Property
or service any Unit thereof, provided that requests for entry are made
in advance and that any such entry is at a time reasonable convenient
to the Unit Owner. In case of an emergency, such right of entry shall
be immediate, whether the Unit Owner is present at the time or not.
- There shall be a blanket and non-exclusive easement of unobstructed
ingress and egress in, over, upon, through, under, and across the Common
Elements to the City of Atlantic City, New Jersey (but not to the public
in general) for the purpose of maintaining the health, safety, welfare,
police and fire protection, of the citizens of the City of Atlantic
City, including the residents of the Condominium.
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