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<br />6557.03/12309
<br />floor of the upper level (other than that area which is part of the stairway) shall be Building Common
<br />Area, except where areas between floor and ceiling are penetrated by openings, e.g., to accommodate a
<br />stairway, the areas shall be deemed to be a part of the Unit. Each Unit includes the portions of the
<br />Condominium Building in which the Unit is located so described as well as the airspace so encompassed.
<br />The Unit does not include those areas and those things which are herein defined as “Building Common
<br />Area” or “Association Common Area.” In addition, each Unit includes any air heating, air conditioning
<br />and water heating equipment, lighting fixtures, and outlets thereof wherever located, which are part of a
<br />discrete and complete system intended to serve only such Unit. A Unit does not include, however, any
<br />bearing wall or other structural member necessary to the support or adequate rigidity of any portion of the
<br />Building Common Area or any other Unit, except that any finished surface of such bearing wall or
<br />structural member which faces a Unit shall be a part of such Unit. Each Unit is subject to such
<br />encroachments as are contained in the Condominium Building in which the Unit is located whether the
<br />same now exists or may be later caused or created in any manner referred to in Section 6.5. In
<br />interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its original state
<br />or as reconstructed in substantial accordance with the original plans and specifications therefor, shall be
<br />conclusively presumed to be its boundaries rather than the boundaries expressed in such deed or plan,
<br />regardless of settlement or lateral movement of the Condominium Building in which the Unit is located
<br />and regardless of minor variance between the boundaries shown on the plan or deed and those of that
<br />Condominium Building. An Owner of adjacent Units shall have an easement to connect such adjacent
<br />Units, subject however to the terms and conditions of Sections 7.9 and 7.14 of this Declaration.
<br />(b) Common Area. The Development shall include two (2) types of Common Area:
<br />Association Common Area, and Building Common Area.
<br />(1) Association Common Area. The Association Common Area shall
<br />consist of the entire Development, excluding the Building Common Areas and the Units.
<br />(i) The Association Common Area shall be owned by the
<br />Association for the common use and enjoyment of all Owners in the Development. The Association
<br />Common Area shall include, but not be limited to, land, private roadways, walkways, landscaping and
<br />related improvements and facilities, recreational facilities, outdoor lighting, fences, retaining walls,
<br />perimeter walls, entry monuments, trash and refuse facilities, sprinklers and irrigation systems, pipes,
<br />conduits, drainage facilities, plumbing, life safety equipment serving the Development, wires and other
<br />utility installations and central service facilities required to provide common power, light, telephone, gas,
<br />cable television, water, drainage and sewage services within the Development. However, public utilities
<br />and utility wires, lines, and equipment, or facilities exclusively serving or located within a Unit are not
<br />part of the Association Common Area. The Association Common Area is subject to the easements and
<br />encroachments reserved in this Declaration.
<br />
<br />(ii) Subject to Section 2.6 of this Declaration, portions of the
<br />Association Common Area located in a Phase shall be conveyed to the Association by Declarant prior to
<br />or concurrently with the close of escrow of the sale of the first Condominium in that Phase. As further
<br />described in Section 2.6 of this Declaration, certain portions of the Association Common Area shall be
<br />conveyed to the Association in connection with a future Phase of the Development. When Association
<br />Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically
<br />reserved over the Association Common Area so conveyed in favor of Declarant, and for the benefit of the
<br />remaining Phases not yet annexed, for ingress and egress, and for the construction or completion of
<br />construction of utilities, landscaping, garages, walkways, roadways, park areas, dock or marina areas and
<br />related improvements, and any other improvements included in Declarant’s plans for the Development,
<br />and for development of the Annexation Property and construction of Condominium Buildings (and the
<br />7.1.K. - Page 13
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