HomeMy WebLinkAboutDECLARATION OF CONDOMINIU,SCAjj��''N�NED
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DECLARATION OF CONDOMINIUM
I. SUBMISSION STATEMENT
The undersigned, being the owner of record of the fee simple title to the real
property situate, lying and being in St. Lucie County, Florida, as more fully
described in the attached Schedule "A", hereby states and declares that said realty,
together with improvements thereon is submitted to condominium ownership,
pursuant to the Condominium Act of the State of Florida, Chapter 711 Et Seq.,
Florida Statutes, 1965, (hereinafter referred to as the Condominium Act), and the
provisions of said Act are hereby incorporated by reference and included herein
thereby, and does herewith file for record this Declaration.
Definitions: As used in this Declaration of Condominium and By -Laws attached
hereto, and all Amendments thereto, unless the context otherwise required, the
following definitions shall prevail:
A. Declaration or Declaration of Condominium, or Enabling Declaration, means
this instrument, as it may from time to time be amended.
B. Association or Corporation means HOLIDAY OUT AT ST. LUCIE, a
condominium, a Non-profit Corporation, being the entity responsible for the
operation of the Condominium.
C. By -Laws means the By -Laws of HOLIDAY OUT AT ST. LUCIE, a
condominium, as they exist from time to time.
D. Common Elements means the portions of the Condominium property not
included in the Units.
E. Limited common element means and includes limited common areas so
designated in the condominium declaration, the use of which is not limited solely to
the condominium but may be used by the developer and its successors and its
assigns for access, ingress and egress to land lying west of the condominium
properties.
(Item E. Amended eff. 1/27/68. Rec. 3/25/68 OR Book 171, pg. 124 & 1.25).
(Item E. Amended eff. 2/21/76. Rec. 4/12/76 OR Book 251, pg. 238).
(Item E. Amendment rescinded eff. 4/10/76. Rec. 4/15/76 OR Book 251, pg.729).
F. Condominium means that form of ownership of condominium property under
which units of improvements are subject to ownership by different owners, and
there is appurtenant to each unit, as part thereof, an undivided share in the common
elements.
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G. Condominium Act means and refers to the Condominium Act of the State of
Florida, Chapter 718 Et Seq., Florida Statutes, as same may be amended from time
to time.
H. Common Expenses means the expenses for which the unit owners are liable to
the Association.
I. Common Surplus means the excess of all receipts of the Association, including,
but not limited to assessments, rent, profits and revenues on account of the common
elements, over the amount of common expense.
J. Condominium Property means and includes the land in a condominium, whether
or not contiguous, and all improvements thereof, and all easements and rights
thereto, intended for use in connection with the condominium.
K. Assessment means a share of the funds required for the payment of common
expenses which, from time to time, is assessed against the unit owner.
#1167559 OR BK 0779 PAGE 1758 3/11/92
L. Condominium Parcel means a unit, together with the undivided share of the
common elements, which is appurtenant to the unit.
M. Condominium Unit, or Unit, means a part of the condominium property which is
to be subject to private ownership.
N. Unit Owner, or Owner of a Unit, or Parcel Owner, means the owners of a
condominium parcel.
O. Institutional Mort°agee means a Bank, Savings & Loan Association, Insurance
Company, or Union Pension Fund, authorized to do business in the State of
Florida or an Agency of the United States Government.
P. Occupant means the person or persons, other than the Unit Owner, in possession
of a unit.
Q. Condominium Documents means this Declaration, the By -Laws and all Exhibits
annexed hereto as the same from time to time may be amended.
Unless the context otherwise requires, all other terms used in this Declaration
shall be assumed to have the meaning attributed to said term by Section 3 of the
Condominium Act.
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II. NAME
The name by which this Condominium is to be identified is:
HOLIDAY OUT AT ST. LUCIE a Condominium.
M. IDENTIFICATION OF UNITS
The condominium property consists essentially of 536 units in all (the attached map
or plat of survey does not show all of the units involved. The total number of
condominium units will not exceed 600 in number. Provided further, that hereinafter
and in all of the condominium documents the additional units, herein mentioned,
and over and above those in the attached maps or plats, shall be considered to be
part of the condominium for all intents and purposes).For the purpose of
identification all units in the area on said condominium property are given
identifying numbers and delineated on the survey exhibits collectively identified as
Exhibit "B", attached hereto and made a part of this Declaration. No unit bears the
same identifying number as does any other unit. The aforesaid identifying number
as to the unit is also the identifying number as to the parcel. The said Exhibit `B"
also contains a Survey of the land, a plot plan and, together with this Declaration,
they are in sufficient detail to identify the location, dimensions and size of the
common elements and of each unit, as evidenced by the Certificate of the Registered
Land Surveyor hereto attached. The legend and notes contained within the said
exhibit are incorporated herein and made a part hereof by reference
Provided, further, that until each unit or parcel subject to private ownership has been
prepared for occupancy, or sold by the developer, or has been rented one time, the
said parcel shall not be deemed to have been submitted to this declaration; however
the happening of any of the above conditions automatically creates the said unit as a
part of this condominium declaration, without more.
#1099 174 3/12/9 1 OR BK 0729, Pg. 2457
IV. OWNERSHIP OF COMMON ELEMENTS
Each of the unit owners of the condominium shall own an undivided 536th
interest in the common elements and limited common elements.
Amended #358697 OR Book 264, pg. 1360, 2/77
Amended #399154 OR Book 284, pg. 2121, 4/78
The fee title to each condominium parcel shall include both the condominium unit
and the above respective undivided interest in the common elements, said undivided
interest to the common elements to be deemed to be conveyed or encumbered with
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It's respective condominium unit, even though the description in the instrument of
conveyance or encumberance may refer only to the fee title to the condominium
unit. Any attempt to separate the fee title to a condominium unit from the undivided
interest in the common elements appurtenant to each unit shall be null and void. The
term "common elements", when used throughout this Declaration, shall mean both
common elements and limited common elements, unless the context otherwise
specifically provides or requires.
These common elements include, but are not limited to the following: The water
distribution system, the sewage collection system, the electrical distribution system
(excepting the electric billed to each Unit for individual use), the roads within the
condominium property (excepting state or federal roads), pathways, as shown on the
condominium subdivision plat, bath houses, office building, recreational facilities in
the recreation area, service facilities located in common use areas, beaches, parks,
parking areas, drainage facilities, the real property described on the attached
Exhibits "A-2" and "A-3" and any other areas which are for the common benefit and
enjoyment of the owners of the lots.
PARCELI:
Lots 9, 10. 11, 12, 17, 18 and a portion Of Lots 13, 14 and16. Block "S", a portion
of Block "T" and a portion of that certain 25,foot road right of way lying between
said Blocks "5" and "T", all in plat of Holiday Out in America at St. Lucie, Inc.,
Section B as recorded in Plat Book 14, page 44, St. Lucie County, Florida, public
records, being more particularly described as follows:
COMinence at the intersection of the East and South line of said Block "T", thence
North. 87°33'17" West along the South line of said Block a distance of 175.38 feet to
the Point of Beginning; thence North 60°31'18 "_ East a distance of 109.14 feet:
thence North 21 °03'02" West a distance of 64.48 feet to the North line of said Block
"S "; thence North 87033'17" West along said line a distance of 48.51 feet to the
Point of curvature of a Curve to the right having a Central angle of 34°29'32" and
a radius of 50 feet; thence Northwesterly along the arc of said Curve a distance of
30.10 feet to the end of said Curve; thence South 41 °00'45" West, along the
Northwesterly line of said Lot 18 a distance of 56.41 feet to the Westerly corner of
said Lot; thence South 38°32'17" East along the Southwesterly line of said Lot 18 a
distance of 23.38 feet to the Northeasterly corner of Lot 10; thence North 87'33'17"
West along the North line of said Lot 10, a distance of 35.71 feet to the
southeasterly corner of .said Lot 10; thence North 8°33'22" West along the Easterly
line of said Lot 9 a distance of 18.14 feet to the Northeast corner of said Lot 9;
thence South 51 °26'38" West along the Northwesterly line of .said Lot 9 a distance.
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of 60 feet to the Northwesterly corner of said Lot 9, thence South 8°33'22 " East
along the West line of said Lot 9 a distance of 11.40 L feet; thence South 4°49'02"
West a distance of 66.42 feet to a point on the West line of said Block "T"; said
Point being a Point of Cumature of a Curve to the left having a Central angle of
92°29'00" and a radius of 20.26 feet; thence Southeasterly along the arc of said
Curve a distance of 32.70 feet to the end of said Curve; thence North 89' 57'13"
east along the South line of said Block "T" a distance of 99.31 feet, thence continue
along said South line on a bearing of South 87°33'17" East a distance of 79.28 feet
to the Point of Beginning. Containing 29,757 square feet. 0.68 acres.
PARCEL 2:
Lot 15 and a portion of Lots 13, 14, 15, 16, Block "S ", a portion of Block "T" and a
portion of that certain 25 foot road right of way lying between said Blocks "S" and
"T" all in Plot of HOLIDAY OUT INAMERICA AT ST. LUCIE, INC., Section "B",
as recorded in Plat Book 14, page 44, St. Lucie County, Florida, public records, being
more particularly described as follows:
Commence at the intersection of the East and South lines of said Block "T", thence
North 87°33'17" West along said South line a distance of 130 feet to the Point of
Beginning, thence continue North. 87°33'17" West a distance of 48.38 feet; thence
north 6°31 '18" East a distance of 109.14.feet; thence North. 21 °03'02" West a
distance of 64.46 feet to the North line of said Block "S"; thence South 87033'17"
East along said Line and its Easterly extension a distance of 88.33 feet, thence South
2°26'43" West a distance of 120.29 feet; thence North. 87'33'17' West, a distance of
24.28 feet; thence South 3°18'20" West a distance of 47.742.feet to the Point of
Beginning. Containing 10,527 square feet. 0.24 acres, SUBJECT to easements,
reservations and Zoning of record.
EXHIBIT A-2
Commence at the intersection of the East and South line of Block T, Holiday Out,
Section B as recorded in Plat Book 14, page 44, St. Lucie County, Florida, public
records; Thence North 87* 33' 17" West along the Easterly extension of said South.
Line of Block T a distance of 25 feet to the Point of Beginning; Thence continue North
87* 33' 17" West along said South line a distance of 39 feet; Thence North 2* 26' 43"
East a distance of 47.71 feet; Thence South 87* 33' 17" East a distance of 64 feet to
the East line of said Block T; Thence South 21, 26' 43 "s West along said line a
distance of 22.71 feet to the point of cutvature of a curve to the right having a central
angle of 90 and radius of 25 feet; Thence Southwesterly along the arc of said curve a
distance of 39.27 feet to the end of said curve (also being the Point of Beginning)
EXHIBIT A-3