HomeMy WebLinkAbout1408 access io, over and across the same to public ways, including dedicated
streets, which easement is hereby created in favor of all the Apartment
Owners in this Condominium for their use and for the use of their family
members, guests, invitees or licensees and the Developer and Association for
all proper and normal purposes, and for the furnishing of services and facil-
ities for which the same are reasonably intended . The Association shall have
the right to establish the rules and regulations governing the use and enjoy-
ment of the Common Elements and all easements over and upon same. The
easements described herein and set forth herein are intended to comply with
Section ?18.104(4)(m) of the Act.
C. Cross Easements
The Land, and those Lands included within Phases II through XVI,
inclusive, whether or not added to the Condominium by amendment to this
Declaration, shall have cross easements for existing utilities and the repair,
replacement and service of those utilities .
D . Settlement Stipulation and Agreement for and Grant of Easements
and Other Rights (the "Settlement Stipulation") ; Declaration of Pro-
tective Covenants and Restrictions (the "Covenants Declaration" )
Developer, as the owner of the Land, the real property included
within the Phases which may become apart of this Condominium as herein-
before set -forth , as well as certain other real property , has entered into the
Settlement Stipulation which has been incorporated in that certain Judgment
recorded in Official Records Book 301 at Page 1004 of the Public Records of
St: Lucie County, Florida and has promulgated the Covenants Declaration
recorded in Official Records Book 301 at Page 2965 of the Public Records of
St. Lucie County, Florida. In addition to other provisions thereof, the
Settlement Stipulation reconfirms and grants certain easements (including, but
not limited to, easements for ingress and egress serving the Condominium
over and across a portion of High Point of Fort Pierce Condominium Section 1
as therein described and therein and hereinafter referred to as the "Section 1
Condominium") ; provides for this Condominium to be served by the Section 1
Condominium sewage system and the Section 1 Condominium water system (as,
F and to the extent, described in the Settlement Stipulation); and provides for
the imposition and collection of certain "Assessments" as therein set forth,
including, but not limited to, "Assessments" against this Condominium. In
addition to the other provisions thereof , the Covenants Declaration subjects
E portions of the Land, the real property included within the Phases which may
become a part of this Condominium as hereinbefore set forth, as well as
certain other real property to certain easements including, but not limited to,
drainage easements and the "Roadway Easement" (as therein set forth);
provides for the "Sewage System Rights" and "Water System Rights" as therein
set forth; and provides for the imposition and collection of certain "Assess-
ments" as therein set forth including, but not limited to, "Assessments"
against this Condominium.
The Condominium and the Condominium Property are subject to the
~ terms and provisions of the Settlement Stipulation and Covenants Declaration
which are hereby recognized and further subject to all easements and use
rights as may be necessary to effectuate the terms and provisions of the
Settlement Stipulation and Covenants Declaration, with all such easements and
use rights being hereby reserved. Additionally, the "Common Expenses" of -
this Condominium include (in addition to any other items constituting such
Common Expenses) amounts assessed under or pursuant to either or both of
the Settlement Stipulation and Covenants Declaration against "Contributing
Units" (as such terms are respectively defined in the Settlement Stipulation
_ _ and Covenants Declaration) which constitute a part of this Condominium.
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RUDEN, BARNET T, HcC LOSKY 6 SCMUSTE R, ATTORNEYS AT LAW, 25 SOUTra ANDREWS AVENUE. FORT IAU DERDALE. FLORIDA