HomeMy WebLinkAboutDeclaration of Easements & Reservations & Restrictive Covenants-V,
JOANNE HOLHAN. CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
File Nuaber: 1609875 OR BOOK 1302 PAGE 901
Recarded:05/24/00 15:20
PLEASE RETURN TO: CH BX 76
TREASURE COAST ABSTRACT 6 TITLE
INSURANCE CO.
BELINDA JOHNSON/FILE /00-4754TI
DECLARATION OF EASEMENTS AND
IVATIONS AND RESTRICTIVE COVENANTS
FOR THE FOLLOWING LAND IN ST. LUCIE COUNTY, FLORIDA, TO WIT:
PARCELI
West %, of lots I and 4 AND the East 156 feet of lots 2 and 3, block 3 of McNurlen
Farms, subdivision recorded in Plat Book 4, at Page 56 of Public Records of St. Lucie
County, Florida; containing 1IA54 acres more or less; all lying and being in Section 20,
Township 35 South, Range 39 East, St. Lucie County, Florida.
PARCEL2
Lot 2, LESS the east 156 fecl thereof, Block 3 of McNurlen Farms, a subdivision
recorded in Plat Book 4 at Page 56 of the Public Record of St. Lucie County, Florida;
containing 7.787 Acres, more or less; all lying and being in Section 20, Township 35
South, Range 39 East, St. Lucie County, Florida.
PARCEL3
Lot 3, LESS the east 156 feet thereof, Block 3 of McNurlen Farms, a subdivision
recorded in Plat Book 4 Page 56 of the Public Records of St. Lucie County. Florida;
containing 8A21 Acres, more or less; all lying and being in Section 20, Township 35
South, Range 39 East, St. Lucie County, Florida.
,P7i,R.CEL '
est % of Lots 5 and 8 AND the East 156 feel of Lots 6 and 7. Block 3 of McNurlen
Farms, a subdivision recorded in Plat Book 4 Page 56 of the Public Records of St. Lucie
County, Florida; containing 11.950 Acres, more or less; all lying and being in section 20,
Township 35 South, Range 39 East, St. Lucie County, Florida.
PARCELS
Lot 6, LESS the East 156 thereof, Block 3 of McNurlen Farms, a subdivision recorded in
Plat Book 4 at Page 56 of the Public Records of St. Lucie County, Florida; containing
8.444 Acres, more or less; all lying and being in Section 20, Township 35 South, Range
39 East, St. Lucie County, Florida.
PARCEL6
Lot 7 LESS the East 156 AND LESS the south 76 feet of the West 637.23 feet thereof,
Block 3 of McNurlen Farms, a subdivision recorded in Plat Book 4 page 56 of the Public
Records of St. Lucie County, Florida; containing 7.327 Acres more or less; all lying and
OR BOON 1302 PAGE 902
being in Section 20, Township 35 South, Range 39 East, St. Lucie County, Florida.
PARCEL7
South 76 feet of the west 637.32 feet of lot 7 AND the West y, of lot 10 AND the West y,
of lot 11, Block 3 of McNurlen Farms, a subdivision recorded in Plat Book 4 at page 56
of the Public Records of St. Lucie County, Florida; LESS the South 50 feet thereof-,
containing 10.003 acres more or less; all lying and being in section 20, Township 35
v, South, Range 39 East, St. Lucie County, Florida.
i PARCEL8
ti South 50 feet of the West V. of Lot 1 I AND the West %, of Lots 14 and 15, Block 3 of
McNurlen Farms, a subdivision recorded in Plat Book 4 at Page 56 of the Public Records
of St. Lucie County, Florida; containing 10.007 Acres more or less; all lying and being in
Section 20, Township 35 South, Range 39 East, St. Lucie County, Florida.
PARCEL9
Lot 2, Block 6 of McNurlen Farms, a subdivision recorded in Plat Book 4 at Page 56
Public Records of St. Lucie, County, Florida; containing 9.669 Acres more or less; all
lying and being in Section 29, Township 35 South, Range 39 East, St. Lucie County,
Florida.
The above described parcels 1 through 9, inclusive comprehending all of the following described
real property to wit:
Lots 2,3,6,7, and west one-half of Lots 1,4,5,8,10,11,14, and 15, Block 3, of McNurlen
Farms as per the Plat thereof on file in Plat Book 4, Page 56, of the Public Records of St.
Lucie County, Florida.
AND
Lot 2, Block 6, of McNurlen Farms as per the Plat thereof on file in Plat Book 4, Page 56,
of the Public Records of St. Lucie County, Florida.
TOGETHER WITH a perpetual non-exclusive easement for ingress and egress over and upon
the following described real property:
BEGINNINGalthe Southeast comer of Lot 16, Block 2 of McNurlen Farms, a
subdivision recorded in Plat Book 4 at page 56 of the Public Records of St. Lucie County,
Florida; thence run S8927'52"west, along the South line of said Lot 16. a distance of
643.57 feet; thence run N2f%2'52"East, a distance of 32.05 feet; thence run N89`
27'58"East, parallel to the aforesaid South line of mid Lot 16, a distance of 632.30 feet, to
a point on the East line of aforesaid Lot 16; thence run SW33'24"East, along said East
line of lot 16, a distance of 30.00 feet to the POINT OF BEGINNING.
,A..
OR BOOR 1302 PAGE 903
TO THE PUBLIC
The restrictions and covenants hereinafter set out are to run with the "subject parcels' and
shall be binding upon all parties and all persons owning "subject parcels' or claiming
under them, and their successors, heirs or assigns.
If the owners of said "subject parcels' or any of them, or their heirs or assigns shall
violate any of the covenants hereinafter set out, it shall be lawful for any other person
owning real property situated within the "subject parcels' to bring any proceedings at law
or in equity against the person or persons violating any of such covenants and either
prevent him or her from doing so or to recover damages for such violation, or both.
Violations shall constitute irreparable injury and damages are presumed inadequate.
Invalidation of any of these covenants by judgement or court order shall not effect any of
the provisions which shall remain in full force and effect.
1. EASEMENT DEDICATION
A perpetual easement running with "subject parcels" is hereby conveyed, declared, and
dedicated over, across and through the following lands for ingress and egress, utilities,
drainage, cable television, telephone lines and all public or private utilities reasonably
utilized upon "subject parcels', legally described as follows:
30 FOOT INGRESS AND EGRESS EASEMENT
BEGINNING at the Southeast comer of lot 16, Block 2 of McNurlen Fars, a
subdivision recorded in Plat Book 4 at Page 56 of the Public Records of St. Lucie
County, Florida; thence run 589�27'52"West, along the south line of said Lot 16, a
distance of 643..57 feel; thence run N2002'52"East, a distance of 32.05 feet;
thence run NW2758"East, parallel to the aforesaid South line of said Lot 16, a
distance of 632.30 feet, to a point on the East line of aforesaid Lot 16; thence ran
S063374"East, along said East line of Lot 16, a distance of 30.00 feet to the
POINT OF BEGINNING.
60 FOOT INGRESS AND EGRESS EASEMENT
BEGINNING at the Northeast comer of the west Y, of Lot 1 Block 3 of McNurlen
Fars, a subdivision recorded in Plat Book 4 at Page 56 of the Public Records of
St. Lucie County, Florida; thence ran S0053917"E, along the East line of said
West %, of Lot I Block 3, a distance of 60.00 feet; thence ran S89'27'58"W, a
0.
OR BOOK 1302 PAGE 904
distance of 743.42 feet; thence mn S44 JO'24"W, a distance of 63.68 feet, to a
point on the west line of the East 156 feet of Lot 2, Block 3 of said McNurlen
Farms; thence run SOO-27'11 "E, along said West line of the East 156 feet of Lot 2
Block 3, a distance of 1187.08 feet, to a point on the South line of Lot 7 Block
of said McNurlen Farms and being 156 feet west of the Southeast comer of said
Lot 7, Block 3; thence run S89°25'02"W, Along the South line of Lot 7, Block 3, a
distance of 479.32 feet, to the Northeast comer of the West %, of Lot 10, Block 3,
of said McNurlen Farms; thence ran Se23'20"E, along the East line of the said
West % of Lot 10, Block 3, a distance of 1344.54 feet, to a point on the North line
of lot 2, Block 6 of said McNurlen Farms; thence run S89°2T46"W, along said
North line of Lot 2, Block 6, a distance of 60 feet; thence run NOU23'20"W,
parallel with the East Line of said West %, of Lot 10, Block 3, a distance of
1404.49 feet; thence run N89425'02"E, parallel to the South line of Lot 7, Block 3,
a distance of 434.25 feet thence run W28'55"E, a distance of 63.71 feet; thence
run NOU 27'l l"W, a distance of 1187.13 feet, to a point on the North line of Lot 2,
Block 3, of said McNurlen Farms; thence run NW27'58"E, along the North line
of Lots 1 and 2, Block 3, a distance of 816.32 feet; thence continue N89 27'S8"E
a distance of 32.05 feet to the POINT OF BEGINNING.
The right to install, repair and maintain all uses specifically included.
2. DRAINAGE AND UTILITY EASEMENTC
a perpetual easement for drainage and utilities with right to install, maintain and repair
same is dcdicatod,declared and conveyed over, across and through the following lands
located in:
A. The North 20 feet of parcel 2.
B. The West 20 feet of parcels 2,3,5,6,7,8, and 9.
C. A 20 foot easement lying 10 feet equally on each side of the Fast -West
boundary line dividing parcels 2,3,5,6,7, and 8. Specifically the south 10 feet of
parcel 2; the North 10 feet of parcel 3; the South 10 feel of parcel 3; the North IO
feel of parcel 5; the south 10 feel of parcel 5; the North 10 feet of parcel 6; the
south 10 feet of parcel 6; the North 10 feel of parcel 7; the south 10 feet of parcel
7; the North 10 feet of parcel 8.
D. The North 20 feet of parcel 9 lying West of the East boundary of that certain 60
foot easement described in paragraph 1.
E. The North 20 feet of parcel 1.
F. A 20 foot easement lying equally 10 feel on each side of that certain East-West
boundary line dividing parcels 1 and 4.
rA
OR BOOK 1302 PAGE 905
G. All existing water control structures located upon "subject parcels" including
but not limited to; pipes, risers, culverts, and utilities located upon "subject
parcels'shall be for the perpetual nonexclusive use of all"subject parcels'.
PROVIDED THERE SHALL BE EXCLUDED those certain artesian flow wells
the rights to which are reserved to the the sole control of the Declarants.
Declarants under this reservation of exclusive control over existing artesian flow
wells shall maintain exclusive discretion to limit and control the availability,
terms and conditions of water use upon "subject parcels".
3
All reasonable and necessary access and drainage maintenance and repair shall be the
joint and equal financial responsibility of the owners of all the "subject parcels', covered
by these covenants and restrictions. Owners failing to pay pro-rata such maintenance shall
be subject to assessment of sums due plus interest at eighteen (18) percent per annum
until paid. Allowners of the "subject parcels' shall be responsible for equal pro -rate
maintenance pro-rata costs.
4. MOBILE OR MODULAR HOME
No mobile or modular home shall be placed upon the "subject parcels" or occupied as a
residence.
MumplijuldtiYY�l♦ 7:GT1
No residence, utility building or out buildings including bams, animal shelters or animal
pens shall be erected or placed upon "subject parcels' in violation of the following set'
backs.
A. Front Set Backs ( the "front' shall be that portion of the boundary line abutting
that certain 60 foot easement described in paragraph 1 as to parcels I through 8)
B. Front set backs for parcels 1,4,7,and 8 shall be 200 feet.
C. Front set backs for parcels 2,3,5, and 6 shall be 300 feet.
D. As to parcel 9 the "front' shallbe the North boundary lying West of the
intersection of that certain 60 foot easement described igparagraph I.
E. The front set back for parcel 9 shall be 50 feet.
F. Side set Backs
Side set backs for parcels 1,4,7, and 8 shall be 150 feet.
OR BOOK 1302 PAGE 906
G. Side set backs for lots 2,3,5, and 6 shall be 75 feel.
H. Rear Set Backs
Rear set backs for parcels 2,3,5,6,7, and 8 shall be 50 feel.
6. NUISANCES
No noxious or offensive activity shall be carried on upon any lot, nor anything be done
thereon which may or may become an annoyance to the neighborhood. All owners of
parcels shall maintain their property in such a manner so as not to create health or fire
hazards or to leave any lot in an unsightly condition.
7. SIGNS
•N
No sign of any kind shall be displayed to the public view on any parcel except one sign of
not more than five (5) square feet advertising the property for sale. This restriction does
not apply to the Declarants herein during the development stage which shall last until all
"subject parcels"are sold.
8. GARBAGE AND REFUSEDISPOSAL
No parcel shall be used or maintained as a dumping ground for refuse or trash. Garbage
or other waste shall be kept in sanitary containers with light fitting covers. All
incinerators or other equipment for storage and disposal of such material shall he kept in
clean and sanitary condition. All lot owners shall be required to use a garbage collection
service, if available, that collects garbage and trash and to pay any reasonable charges
which may be made for such collection service.
9. SEWAGE DISPOSAL.
No individual sewage disposal system shall be permitted on any parcel unless such
system is designed, located or constructed in accordance with the requirements, standards,
and recommendations of St. Lucie County and the Florida State Department of Health.
Approval of such systems as installed, shall be obtained from the appropriate authorities.
10. ENFORCEMENT OF COVENANTS
Any record owner or owners of one or more "subject parcels'shall have standing to
enforce at law or in equity these covenants and shall be entitled to recover reasonable
court costs and attorneys fee, in any action to enforce compliance..
11. TERMS
These covenants may be amended from time to time and are to ran with the "subject
parcels" and shall be binding upon all parties and all persons claiming under them for a
period of twenty-five (25) years from the date of recording hereof. After said twenty-five
(25) years, these covenants shall be automatically extended for successive periods of ten
(10) years unless an instrument signed by a majority of the then recorded owners of
parcels in the subdivision has been recorded, agreeing to abolish or amend these
OR BOOK 1302 PAGE 907
covenants in whole or in part, excepting the perpetual easements under paragraphs
numbered 1 and 2, which requires release of all benefited parties.
12. AMENDMENT
Anything in this Declaration to the contrary notwithstanding, these restrictions and
covenants maybe amended from time to time, by recording an instrument among the
Public Records of St. Lucie County, Florida, signed by a majority of the then record
owners of the "subject parcels' with the exception of rights granted under paragraphs
numbered 1 and 2.
13. THE DECLARANTS HEREIN ASSUME NO RESPONSIBILITY TO
IMPROVE OR MAINTAIN "SUBJECT PARCELS" OR AMENITIES, NOW OR
IN THE FUTURE UNLESS SPECIFICALLY UNDERTAKEN BY WRITTEN
OBLIGATION.
.IN WITNESS WHEREOF, we have hereto set our hands and seals, thisa# day of
May, 2000.
Signed, sealed and delivered in the
presence of'.
P a��
witness EDWARD W. BECHT
witness BELINCAJOHN80h_
witness EDWARD W. BECHT
witness B C7QRBSU-
STATE OF FLORIDA
COUNTY OF ST. LUCIE
rocksmit ro rti LC
Declarant, by G S. James
V.
Brocksmith Prol5edd, LLC
Declarant, By Wallace T. long, Jr.
BR B00H 1302 PAGE 909
The foregoing instrument was acknowledged before me thisaSloday of May, 200(1, by
Gerald lames, manager for Brocksmith Properties, LLC who is personally known to me.
nnnn����` snlglJpllar« armm � .
,P m'couWss4xrocNOTARY PUBLIC
(S n,orlMiE�d'QYp�17.em
E:
The foregoing instrument was acknowledged before me this�I- 'day of May,
2000, by Wallace T. Long, Jr., manager for Brocksmith Propertie LLC
who is personally known to me.
NOTARY PUBLIC
aHMAJpN8011
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JOINDER AND CONSENT
The undersigned mortgagee Peter W..Busch, Trustee, does herebyjoin in and consent and
subordinate all lien rights to and in favor of the Declaration of Easements and Reservations and
Restrictive Covenants of Brocksmith Properties, LLC attached hereto.
Dated and signed this 'o gn .1dayofMay, 2000. n
wile P er W. Busch, Trustee
w% es
e foregoing instrument was acknowledged before me this ly day of 2000.
by Peter W. Busch, Trustee who is personally known to me -- - --
peoduaed• as identification.
coyrl~e
NOTARY PUBLIC
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