AgdaPkt 2013-01-28 - Laserfiche WebLink

Browse Search

6.1.D. - Page 20 4. Association Membershin. Upon commencement of Assessments for the Condominium Units in Phase 5, each Unit shall include a membership in One Marina Owners Association, which membership is appurtenant to the member's Condominium. Each Owner shall be entitled to participation in the affairs of the Association as provided in the Declaration and Bylaws. 5. Convevance of Common Area. (a) Declarant shall convey the portion of the Association Common Area shown as Association Common Area 2 ("ACA 2") on the Current Phase Condominium Plan to the Association prior to the close of escrow for the sale of the first Condominium in Phase 5, to be held for the benefit of all Members of the Association. (b) Portions of the Association Common Area shown as Association Common Area 1 ("ACA 1") on the Cunent Phase Condominium Plan shall be conveyed by Declarant to the Association in connection with a future Phase of the Development, as further described in Section 6 of this Declaration of Annexation. Reference is made to Section 2.6 and other applicable provisions of the Declaration for further detail concerning conveyance of Common Area. 6. Reciprocal Access Easement—Association Common Area. (a) Certain portions of the Association Common Area designated on the Current Phase Condominium Plan as Association Common Area 1 ("ACA 1") contain roadways, pathways and walkways (together, the "Accessways"), which Accessways provide vehicular and pedestrian ingress and egress to and from Phase 5 of the Development and the condominium units contained therein from the public streets. Because Declarant intends to intensively access and use the Accessways for construction and related activities in connection with the development of Phase 5, future phases of the Development and other portions of the Property, Declarant intends to transfer title to ACA 1 to the Association in connection with a future Phase of the Development, once Declarant's intensive use of the Accessways has been reduced or completed. (b) Until such time as Declarant transfers title to ACA 1 shown on the Current Phase Condominium Plan to the Association, Declarant hereby declares that there shall be a non-exclusive easement for the benefit of the Association and the owners and occupants of Condominiums in the Development, over,across and through ACA 1 shown on the Cunent Phase Condominium Plan for the purposes of use of the Accessways for ingress and egress to and from the Development and the Condominium Units and Common Areas located therein (the "Access Easement"). (c) The Access Easement described in Section 6(b) above shall be subject to the terms and conditions of the REA described in Section 2(e) of this Declaration of Annexation, and any amendments, modifications or supplements thereto. Reference is made to the REA for further details concerning the access to and use of the Access Easement and the terms and conditions for the shared use, maintenance and repair of the Accessways by Declarant, the Association and owners and occupants of condominiums in the Development. (d) Notwithstanding that the terms and conditions of the REA apply to the Access Easement established over portions of the Association Common Area in Phase 1 of the Development, it is the intent of Declarant that the REA shall also apply to ACA 1 in Phase 5 of the Development. Therefore, Declarant hereby declares that the Access Easement established 3 6557.0?lDecLvatian of Annexation.Onc Marina PHASH S.linal