Condo Documents: Article 6 | Atlantic Palace Condominium Association

R. 2-16-87

MASTER DEED CREATING AND ESTABLISHING

THE ATLANTIC PALACE, A CONDOMINIUM

THIS MASTER DEED, made this 19^th day of February, 1987, by RESORT DEVELOPMENT CORPORATION, a Delaware Corporation(Developer), with offices at P.O. Box 11496, Columbia, South Carolina, 29211, and with local offices at 2727 Boardwalk at Iowa, Atlantic City, New Jersey, 08401.

W I T N E S S E T H:

WHEREAS, Developer is the owner in fee simple of all that certain lot, tract and parcel of land situated, lying and being in the City of Atlantic City, County of Atlantic and State of New Jersey,bounded and described in Exhibit A attached hereto and made a parthereof by this reference thereto (hereinafter, the Propertyä); and

WHEREAS, Developer intends to establish and create a condominium form of ownership of the Property, together with improvements to be constructed, in accord and with and subject to the Condominium Act, R.S. 46:8B-1, et seq. (hereinafter, the Condominium Act), under the name of The Atlantic Palace, a Condominium (hereinafter The Condominium);

NOW, THEREFORE, Developer does hereby submit the Property to the provisions of the Condominium Act, and hereby publishes its plan for the division of the Submitted Property and the imposition of conditions, restrictions, reservation, thereof, and Developer hereby specifies that his Declaration of Condominium and the declarations herein shall constitute convenants, conditions, reservations, and restrictions which shall run with the Submitted Property and shall bind and inure to the benefit of the Developer, its successors and assigns and all subsequent owners of any interests in the Submitted Property, their grantees, successors,
heirs, executors, administrators, legatees and/or assigns.

ARTICLE VI

Easements and Restrictions

Developer, for itself, its successors and assigns, hereby declares the following easements, encroachments and restrictions:

1. 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;

2. 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;

3. 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.

4. 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;

5. 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.

6. 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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