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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 ; ~ ~ z ~ w _ ; ~ _ ~ ~ ; ~ CXtiIBIT A TO FI:~AL ORDCR ~ i ~ R-•~v3O1 P~~EIOOV ~ :r~ . X,= ~ _ .s, _ 'rv' , j ~ ~p ~ ~~d .J" -ty ' s"' 3~`" - ~ r,:~s~nY~'~"~ i"•~ . . . . ~''q.r"~r .