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HomeMy WebLinkAbout2970 431543 ' w DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS } t THIS DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS ~ (hereinafter referred to as the "Declaration") is made this /'7'~ day of 197 9 by HIGH POINT EQUITIES, INC. a Florida corporation (here- a r referred to as "Equities") . - WITNESSETH: 4 i WHEREAS, Equities is the owner in fee simple of the real property more particularly described on Exhibit A attached hereto and made a part hereof , which real property is currently unimproved, but is presently planned for future development by Equities (the "Future Development Property"); and WHEREAS, that parcel of real property contiguous to and north of the Future Development Property which is described on Ex}iibit 8, attached hereto and made a part hereof , has been submitted to the condominium form of ownership (the "Section 1 Condominium") ; and WHEREAS, HIGH POINT OF FORT PIERCE CONDOMINIUM ASSOCIATION SECTION 1, INC . (hereinafter referred to as "1 Association") is a Florida corporation not-for-profit, which is the entity responsible for .the operation of the Section 1 Condominium, according to the Declaration of Condominium thereof, recorded in Official .Records Book 230 at page 2203 of the Public Records of St. Lucie County, -Florida (the "Section 1 Declaration") and, as such, has the powers of such an "Association" as set forth in Chapter 718, - Florida Statutes, 1976, as heretofore amended (the "Act"); and WHEREAS, 1 Association has heretofore entered into a Settlement Stipu- lation and Agreement for and Grant of Easements and Other Rights (the "Agreement") with Equities, dated the 7th day of December 197 8 , and in- corporated in that certain Final Order the "Judgment") recorded in Official Records Book 301 at Page 1004 of the Public Records of St. Lucie County, Florida, which Agreement contemplates and provides for the grant of certain easements and other rights by and between 1 Association on behalf of itself and on behalf of all "Unit Owners" ~as defined in the Act) of the Section 1 Condominium (the "Section 1 Unit Owners") and Equities; and WH-EREAS, Equities desires by this Declaration to (1) implement certain ' provisions contained in the Agreement, (2) provide for appropriate means of ingress and egress from and to and between the Future Development Prop- - ~ erty, (3) provide for certain water and sewerage lines and other facilities to serve the Future Development Property, (4) provide a drainage easement serving the Section 1 Condominium, (5) provide for the costs of maintaining the various means for ingress and egress from and to and between the Future ~ Development Property and the costs of maintaining the sewerage and water lines and other facilities serving the Future Development Property; (6) provide for the method of allocation and payment of such costs, and (7) provide for such other matters as are hereinafter set forth . NOW, THEREFORE, in consideration of the premises and the covenants - herein contained, Equities hereby declares that the Future Development Prop- ' erty shall be owned, held; used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and- liens hereinafter set forth. - - _ - , ~ BRUCE D. CC~~;i~1P~ `~c~SRED BY R'J~dl, BAP,NETT, MsCIGS!S1' ~ .~.~?i~:~ii ? i'OST OFFICE EOX 19rJ0 FORT WUDERDALE, FLORIDA JJJV.t SORK301 ~~.CE~9~ •3 RU DEN, BARNETT, McClOSKV 6 SCHUSTER- ATTORNErS AT LAW, 25 SOUTH ANDREWS AVENUE, FORT ~AUDERDAIE, FEORIDA xs ~s ~K 3 ~ j ~ ti;~ ~