HomeMy WebLinkAbout0579 ticott M- Kenney _ Q$F~~4
:attorney At Law
515 S. Indian River Dr.
Ft. Pierce, FL 33450
DECLARATION OF PARTY WALLS,
RESTRICTIONS, AND EASEMENTS
KNOW ALL MEN BY THESE PRESENTS:
That LeROY S. CALVERT and CATHERINE CALVERT, his wife,
called "Declarant", being the owner in fee simple of certain +
real property located in St. Lucie County, Florida, particularly
described in Exhibit A attached hereto, and being desirous of
subjecting said property to certain party walls, restrictions,
servitudes, conditions, and easements for the protection ~
and benefit of the present and future owners of all or
any part of said real property and for the enhancement and protection `
of the value, attractiveness and desirability of said real
property, does hereby declare and submit said real property f
and each and every part and parcel thereof to the following
party walls, restrictions, servitudes, conditions, and easements
which are hereby declared to be Covenants Running With the Land
and subject to which party walls, restrictions, servitudes, `
conditions, and easements the said real property shall be
held, transferred, sold, conveyed, used and occupied and
which shall be binding on all parties having any right, title
or interest in the said real property or any part thereof,
their heirs, successors, and assigns, and shall inure to the
benefit of each owner thereof. {
ARTICLE I
DEFINITION OF TERMS
Section 1. "Parcel" shall mean and refer to the three
(3) tracts of real property separately, particularly and legally
described in Exhibit "B" attached hereto. Each Parcel has one (1)
Townhouse constructed and situated thereon. ~
r
Section 2. "Townhouse" shall mean and refer to any
of the three (3) dwelling structures on the above-described Parcels,
including all concrete slab foundations, patios and porches.
Said term shall also include any additions to, alterations of and
replacements to the units already in existence as of the date
hereof. There shall be one Townhouse. situated on each Parcel.
i
Section 3. "Declarant" shall mean and refer to~LeRoy S:
~ Calvert and Catherine Calvert, his wife, or successors and assigns
~ and shall include singular and plural wherever the context so
~ - admits or requires. `
j Section 4. "Owner" shall mean and refer to the
record owner, whether one or more persons or entities, who acquire
fee simple interest in a Parcel from Declarant, but shall not
~ include those holding title merely as security for performance of
-an obligation. -
Section 5. "Maintenance" shall mean and refer to the
exercise of reasonable care to keep buildings, paved areas, lawns,
walkways, landscaping, lighting pipes, or other related improvements
and fixtures in a condition comparable to their original
condition, normal wear and tear excepted. -
Section 6. "Party Wall" shall mean and refer to the
entire wall, from front to rear and tov to bottom, all or a
portion of which is used for support or fire wall protection
between each adjoining Townhouse situated in the boundary lines
~ between any adjoining Parcels.
ARTICLE II '
PARTY WALLS
f
a
Declarant desires to settle all questions relating to
any Party Walls common to any two Townhouses on the Parcels described
herein which the Declarant shall declare to be Party Walls with
8~ox33.1 PEE 579
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