HomeMy WebLinkAbout1006 SETTLEb1ENT STIPULATION
AND •
~ AGREEMENT F'OR AND GRANT OF
EASEMENTS AND OTHER RIGNTS
THIS SETTLEMENT STIPULATION AND AGREEMENT POR AND ~ GRANT
OF EASE EN~'S AND OT ER R GHTS (the "Agreement") made and entered
into this g day of 1978 by and between HIGH POINT OF
FORT PIE CE CONDOMINIUM ASSOCIATION SECTION 1, INC. (hereinafter "1
Association") and HIGH POINT EQUITIES, INC. (hereinafter "Equities").
WITNESSETH:
WHEREAS, the parties hereto are the parties to that certain law suit
being Case No. 78-515 CA in the Circuit Court in and for the Nineteenth
Judicial Circuit in and for St. Lucie County, Florida (the "Law Suit"); and
WHEREAS, 1 Association is a Florida corporation not-for-profit which is
the entity responsible for the operation of High Point of Fort Pierce Condomin- _
ium Section 1(the "Section 1 Condominium"} according to the Declaration of
Condominium thereof, reeorded in Official Records Book 230 at Page 2203 of
the Public Records of St. Lucie County, Florida (the "Section 1 Declaration")
and, therefore, as such, has the powers of such an ''association" as set forth
in Chapter 718, Florida Statutes, as amended (the "Act"); and
WHEREAS, "control" of 1 Association has been obtained by "unit owners
other ~than the developer" all as is contemplated by Section ?18.111(2) of the
Act; and
WHEREAS, 1 Association desires to enter into this Agreement on behalf
of itself and on behalf of all "Unit Owners" (as defined in ihe Act) of the ~
Section 1 Condominium (the "Section 1 Unit Owners" ) in setilement of t}ie Law
Suit (which Law Suit concerns matters of common interest to all such Unit
Owners in the Section .1 Condominium); and
-WHEREAS, Equities desires to so enter into this Agreement in settlement
~ of the Law Suit; and
~ WHEREAS, Equities_ is the owner of the real property and easement
# rights more particularly described on Exhibit A attached hereto and made a -
f part hereof (said real property which is owned by Equities and the said real
f property which is the subject of said easement rights as are so described on
~ Exhibit A being hereinafter collectively referred to as the "Entry Way"); the
owner of the real property more particularly described on Exhibit B attached
~ hereto and made a part hereof (the "North Parcel" the owner of the parcel
~ more particularly described on Exhibit C attached hereto and made a part
~ hereof (the "Recreation Area" and the owner of the real property more
~ pa~ticularly described on Exhibit D attached hereto and made a part hereof
(the "Future Development Property"); the said Entry Way, Recreation Area
~ and Future Development Property being hereinafter sometimes collectively
~ referred to as the "Total Equities Property" ; and
~
WHEREAS, the real property more particularly described on Exhibit E
~ attached hereto and made a part hereof (the "Section 1 Property") was part
~ of the property submitted to the condominium form of ownership under the
~ Section 1 Declaration and constitutes part of the "Common Elements" (as "
~ defined in the Act) of the Section 1 Condominium; and ;
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