HomeMy WebLinkAboutIngress-Egress, Utility, Drainage & Well EasementJOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
File Number: 2367476 OR BOOK. 1920 PAGE 1373
Recorded:03/15/04 15:03
This Instrument Prepared By:
DENNIS G. CORRICK, ESQ.
Dean, Mead, Minton & Zwemer
1903 South 25th Street, Suite 200
Post Office Box 275:7
Fort Pierce, Florida 34954-2757
(772)464-7700/7 - 4
* Doc Assump.- $ 0.00
* Doc Tax : $ 0.70
t Int Tax ; $ 0.00
INGRESS -EGRESS, (1TILITY, DRAINAGE.
AND WELL EASEMENT
THIS INGRESS-F,GRESS, UTILITY, DRAINAGE AND WELL EASEMENT is
executed, delivered and entered into as ofthe Sth day of March, 2004, by CAMPBELL
CLISTOM HOME 91JILDERS. LLC, a Florida limited liability company, whose post office
address is 215 Corrine Road, Fort Pierce, Florida 34945 ("Grantor"), and CAMPBELL ACRES
HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, whose post office
address is 215 Corrine Road, fort Pierce, Florida 34945 ("Grantee").
(Wherever aced heron, the semis"Gmmor and "Grantee' shall mean and tefa to the parties w this imftutnetit
mid their mspixtive successors and assigns)
RECITALS
Grantor holds fee simple title to that certain property being and lying in St. Lucie County,
Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof
(the "Property"); and
Grantor desires to convey to Grantee certain easement rights over the Property, for the
benefit of owners of 'lots located within the Property ("Lots"), their invitees, contractors,
successors, assigns and successors in interest.
WITNESSETH, that for and in consideration of the mutual covenants and
agreements herein contained, and for "TEN DOLLARS ($10.00) and for other -good and valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged,
Grantor does hereby grant to Grantee certain perpetual. non-exclusive easements as more
particularly described below
Ingress - Egress, Utility and Drainage Easement. A perpetual, non-
exclusive easement for (a) ingress and egress to and from the Lots and any
public right of way or other way of access; (b) the construction,
maintenance and repair of a dirt or paved road; (c) the installation,
operation, use, maintenance, repair and replacement of water, sewer,
F00225g4v2
OR BOOK 1920 PAGE 1374
electrical, telecommunications and other utility equipment; and (d)
construction, installation, operation, use, maintenance, repair and
replacement of ditches, pipes, culverts and other drainage structures for
drainage of surface water from the Property over, under, upon, through,
within and across the property more particularly described in Exhibit "B",
attached hereto and made a part hereof, as well as reasonable access over
the Property as needed.
Drainage F,asement. A perpetual, non-exclusive easement for
construction, installation, operation, use, maintenance, repair and
replacement of ditches, pipes, culverts and other drainage structures for
drainage of surface water from the Property over, under, upon, through,
within and across the property more particularly described in Exhibit "C",
attached hereto and made a part hereof, as well as reasonable access over
the Property as needed.
3. Well Easement. A perpetual, non-exclusive easement for the installation,
operation, use, maintenance, repair and replacement of irrigation wells and
their appurtenant pumps and plumbing, over, under, upon, through, within
and across the property more particularly described in Exhibit "D",
attached hereto and made a part hereof, as well as reasonable access over .
the Property as needed.
Grantor reserves unto itself and its assigns and successors -in -interest and/or title,
the right to utilize the Property for any purpose whatsoever, provided such use is in recognition
of, and not in derogation of, the easements and rights granted hereunder to Grantee.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed and delivered, and have intended the same to be and become effective, as of the day and'
year first above written.
Print Name:,k 4 L. JrIeE �Z
www
Print Name: �PcJti-724 lzmz
FOD225940
CAMPBELL CUSTOM HOME
BUILDERS, LLC, a Florida limited liability
company
By: CAMPBELL CUSTOM HOME
BUILDERS, INC., a Florida
corporation, its sole member
By: Q
Ray ooker, President
I
OR BOOK 1920 PAGE 1375
STATE OF FLORIDA
COUNTY OF ST. 1.TJCIF,
The foregoing instrument was acknowledged before me on the � day of
March, 2004 by CAMPBELL CUSTOM HOME BUILDERS,11C, a Florida limited liability
company, by CAMPBELL CUSTOM HOME BUILDERS, INC., a Florida corporation, its sole
member, by Ray L. Booker, its president, who is personally known to me.
,r. KAREN L JUREWICZ
., MVCOntMissiava000aas e
Print Name:
e,EX;iPES:Augusi 12'2�
Notary Public
Commission No.:
My Commission Expires:
F0022584-.2
r
EXHIBIT "A"
The South half of the East three quarters of the Southwest quarter of Section 20,
Township 351 South, Range 39 East, being a part of a subdivision of said section known
as McNurleni Farms; said description containing the following parcels:
Lots 9, 12, 13 and 16 and the East halves of Lots 10, 11, 14 and 15 of Block 3, of
McNurlen Farms, as per plat thereof on file in Plat Book 4, Page 56, Public Records of
St. Lucie County, Florida.
OR BOOK'1920 PAGE 1376
F00225R4v2
New
1 _
EXHIBIT "C"
DRAINAGE EASEMENT
LEGAL DESCRIPTION
1. The North 55 Feet of the East 1/2 of Lot 10, Block 3, McNurlen Farms, per plat thereof
on file in Plat Book 4, Page 56, Public Records of St. Lucie County, Florida.
2. The West 20 Feet of the East 112 of Lots 10, 11, 14 and 15, Block 3, McNurlen Farms,
per plat thereof on file in Plat Book 4, Page.56, Public Records of St. Lucie County,
Florida.
3. The South 20 Feet of Lot 16, and the South 20 Feet of the East 1/2 of Lot 15, Block 3,
McNurlen Farms, per plat thereof on file in Plat Book 4, Page 56, Public Records of St.
Lucie County, Florida.
4. The East 15 Feet of Lots 10, 11, 14 and 15, Block 3, McNurlen Farms, per plat thereof on
file in Plat Book 4, Page 56, Public Records of St. Lucie County, Florida.
OR BOOK 1920 PAGE 1378
roo225s4v2
IE
EXHIBIT f°D"
WELL EASEMENT
LEGAL DESCRIPTION
NORTH WELL: The South 10 Feet of the North 56 Feet of the East 20 Feet of the West 320
Feet of Lot 9, Block 3, McNurlen Farms, per plat thereof on file in Plat Book 4, Page 56, Public
Records of St. Lucie County, Florida.
SOUTH WELL: The South 32 feet of the West 20 Feet of the East 88 Fcet of Lot 15, Block 3,
McNurlen Farms, per plat thereof on file in Plat Book 4, Page 56, Public Records of St. Lucie
County, Florida.
OR BOOK 1920 PAGE 1379
rao22584v2
This Instrument Prepared By:
Dennis G. Corrick, Esquire
DEAN, MEAD, MINTON & ZWEMER
1903 S. 25`h Street, Suite 200
X i Fort Pierce, Florida 3498
(772) 464-7700xy,;
JOANNE HOLMAN, CLERK, OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
File Number: 2367477 OR BOOK 1920 PAGE 1380
Recorded:03/15/04 15:03
DECLARATION OF RESTRICTIVE COVENANTS
FOR CAMPBELL ACRES
OF BOOK 1920 PAGE 1381
ARTICLEI Definitions..................................................................................................................1
Section1.
"Association'..................................................................................6..........................1
Section 2.
"Common Area' or "Common Areas' ...................
Section 3.
"Common Maintenance Area" or "Common Maintenance Areas ............................I
Section4.
"Lot"...................................................................
Section5.
"Owner".....................................................................................................6...............2
Section6.
"Person".....................................................................................................................2
Section 7.
"Plat" ...........................................
Section8.
"Properties"................................................................................................................2
Section 9.
"Supplemental Declaration" ..................... ................................................................. 2
Section 10.
"Surface Water or Stormwater Management System"............................................2
Section 11.
"Unit............................6.....
ARTICLE11 Association................................................................................................................2
Section1. Membership .................................................... ...........................................................2
Section2. Funding......................................................................................................................2
Section 3. Annual Assessment or Charge...................................................................................3
Section 4. Special Assessments for Working Capital Fund, Nonrecurring Maintenance and
Capitalimprovements.................................................................................................4
Section 5. Non-payinent of Assessments; Remedies of the Association....................................4
Section 6. Subordinated Lien to Secure Payment................:......................................................5
Section7. Voting Rights........................................................................................................I...15
Section S. Notice and Quorum.........................................................................:..........................6
ARTICLE III General Powers and Duties of Board of Directors of the Association .....................6
Section 1. Purpose of Maintenance Fund...................................................................................6
Section 2. Powers and Duties of Board......................................................................................7
Section 3. Board Powers, Exclusive...........................................................................................7
Section 4. Service Contracts........................................................................................................7
ARTICLEIV Common Areas.............................................................:..........................................8
Section1. Association to Hold.................................................................:..................................8
Section 2. Well, Drainage and Access Easements......................................................................8
Section 3. Wells ........ :.:.................
........
....................
.........
...................
.............
.........................8
Section 4. Liability Insurance.....................................................................................................8
Section5. Condemnation............................................................................................................9
ARTICLEV Use Restrictions ............................... :........................................................................ 9
Section1. Generally....................................................................................................................9
Section 2. Single Family Dwellings ............................................. :.............................................. 9
Section3. Animals and Pets........................................................................................................9
Section4. Nuisance....................................................................................................................9
Section 5. Antennas; Satellite Dishes.......................................................................................10
Section 6. Clotheslines, Garbage Cans, Tanks and External Equipment..................................10
Section 7. Tents, Trailers and Temporary Structures...............................................................10
SectionS. Occupants Bound.....................................................................................................10
OR BOOK 1920 PAGE 1382
Section 9. Subdivision of Portion of the Properties..................................................................10
Section 10. Casualty Destruction to Improvements......................................................I...........10
Section11. Enforcement...........................................................................................................10
' ARTICLE VI General Provisions .......................................... .......I
................................................
I
Section1. Term..........................................................................................................................I
I
Section2. Enforcement.............................................................................................................
I 1
Section3. Severability..............................................................................................................I
I
Section 4. Development and Construction by Declarant ................................................. .........
I 1
Section 5. Construction Activity ...............................................................................................12
ARTICLE VII Declarant's Rights................................................................................................12
Section1. Assignment of Rights...............................................................................................12
Section 2. Development Activities...........................................................................................12
Section3. Amendment..............................................................................................................12
ARTICLEWIT Amendment.........................................................................................................12
EXHIBITS
EXHIBIT A: Legal Description of Properties
OR BOOK 1920 PAGE 1'383
DECLARATION OF RESTRICTIVE COVENANTS
FOR CAMPBELL ACRES
THIS DECLARATION OF RESTRICTIVE COVENANTS FOR CAMPBELL
ACRES (this "Declaration") is made this _ day of __; 2003 by CAMPBELL
CUSTOM HOME BUILDERS, LLC, a Florida limited liability company ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of that certain real property located in St.
Lucie County, Florida, more particularly described in Exhibit "A", attached hereto and made a
part hereof (the "Properties");
WHEREAS, Declarant intends to impose on the Properties mutually beneficial
restrictions under a general plan of improvement; and
WHEREAS, Declarant desires to establish a maintenance association which will
maintain the property owned by such association for the benefit of the Properties.
NOW, THEREFORE, beclarant hereby declares that the above recitals are true
and correct, and that the Properties, and any additional property as is hereinafter subjected to this
Declaration in accordance with its terms, shall be held, sold and conveyed subject to the
following covenants and restrictions, which are for the purpose of protecting the value and
desirability of, and which shall run with, .the real property subjected to this Declaration and
which shall be binding on all parties having any right, title or interest in the real property sub-
jected to this Declaration or any part thereof, their heirs, successors, successors in title and
assigns.
ARTICLE I
Definitions
-Section 1. "Association" shall mean CAMPBELL ACRES HOMEOWNERS
ASSOCIATION, INC., a Florida not for profit corporation created pursuant to Florida Statutes
Chapter 617.
Section 2. "Common Area" or "Common Areas" shall mean real property,
including easement interests in property, owned by the Association for the benefit of, or
primarily for the benefit of, the Owners.
Section 3. "Common Maintenance Area' or "Common Maintenance Areas"
shall mean and refer to the Common Areas, if any, and drainage and/or storinwater management
facilities and irrigation equipment, improvements to rights of way and casements, and such other
maintenance responsibilities properly assumed by the Association for the benefit of the Owners. .
Section'4. "Lot" shall mean any one of the following: Lot 9, 12, 13 or 16 or
I
0
I it�J Io®mmid
OR BOOK 1920 PAGE 1384
the East Half of Lots 10, 11, 14 or 15, all in Block 3, McNurlen Farms, according to the plat
thereof recorded at Plat Book 4, Page 56, Public Records of St. Lucie County, Florida.
Section 5. "Owner" shall mean and refer to one (1) or more Persons who hold
the record title to any Unit (as hereinafter defined) which is part of the Properties, including any
builder or building contractor, and Declarant, but excluding in all cases any party holding an
interest merely as security for the performance of an obligation. If a Unit is sold under a
recorded contract of sale, and the contract specifically so provides, then the purchaser (rather
than the fee owner) will be deemed the Owner.
Section 6. "Person" shall mean and refer to a natural person, a corporation, a
partnership, an estate, a trust, a trustee or other legal entity.
Section 7. "Plat" shall mean and refer to the plat of McNurIcn Farms,
recorded in Plat Book 4, Page 56, Public Records of St. Lucie County, Florida.
Section 8. "Properties" shall mean and refer to the real property described in
Exhibit "A', attached hereto and made a part hereof.
Section 9. "Supplemental Declaration" shall mean and refer to an amendment
or supplement to this Declaration which imposes expressly or by reference, additional
restrictions and obligations on the land described therein.
Section 10. "Surface Water or Stormwater Management System" shall mean a
system which is designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation,
and water pollution or otherwise affect the quantity and quality of discharges from the.system.
This definition shall specifically include the drainage canals described in Article IV Section 2
Section 11. "Unit" shall mean and refer to a Lot and any structure thereon,
intended for development, use and occupancy as a residence for a single family.
ARTICLE 11
Association
Section 1. Membership. The Declarant and every other Owner of a Lot shall
be a member of the Association. Membership shall be appurtenant to and shall not be separated
from Ownership of any Lot. Every member shall have the right at all reasonable times during
business hours to inspect the books of the Association. Membership may be of two classes, as
set forth in Section 7 of this Article.
Section 2. Funding. Subject to the terms of this Article 1I, the Declarant
hereby covenants and agrees for each Lot owned within the Property, and each Owner of any Lot
is deemed to covenani and agree by acceptance of a deed therefor, whether or not it shall be so
expressed in such deed„to pay to the Association: (1) annual assessments or charges, and (2)
special assessments, including special assessments for capital improvements, such assessments to
be established and collected as hereinafter provided. Such assessments will remain effective for
L- 1
OR BOOK 1920 PAGE 1385
the full term (and extended term, if applicable) of these -covenants. The annual and special
assessments, together with interest, costs, and reasonable attortey's fees, shall be a charge on the
land and shall be a continuing lien upon the Lot against which each such assessment -is made.
Each such assessment, together with interest, costs and reasonable attorney's fees shall also be
the personal obligation of the person who was the Owner of such Lot at the time when the
assessment fell due. The personal obligation for delinquent assessments shall not pass to the
successors in title of such Owner unless expressly assumed by them.
Section 3. Annual Assessment or Charge.
(a) Units Owned by Class A Members. Subject to the terms of this
Article, each Lot is hereby subject to an initial maximum maintenance charge of
$150.00 per quarter or $600.00 per annum (until such maintenance charge shall be
increased or decreased as provided in the Bylaws of the Association), for the
purpose of creating a fund to be designated and known as the "maintenance fund,"
which maintenance charge and assessment will be paid by the Owner or Owners
of each such Lot in advance in quarterly or annual installments, commencing as to
all Lots on the date of the conveyance of that Lot to a Class A member (as that
term is defined in Article 1I, Section 7 below). The rate at which each Lot will be
assessed, and whether such assessment shall be payable quarterly or annually, will
be determined by the Board of Directors of the Association at least thirty (30)
days in advance of each affected assessment period. Said rate shall not exceed the
maximum rate permitted by the Bylaws, if any, and may be adjusted from time to
time by said Board of Directors as the needs of the Properties may, in the
judgment of the Directors, require. The assessment for each Lot shall be uniform
except as provided in subsection (b) of this Section 3. The Association shall,
upon written demand and for a reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether the assessment has been paid
for the assessment period.
(b) Units or Lots Owned by Declarant. Notwithstanding the
foregoing, the Declarant shall be exempt from the annual maintenance assessment
charged to Owners so long as there is Class B membership as set forth in Section
7, and Declarant hereby covenants and agrees that in the event that the annual
maintenance fund revenues are insufficient to pay the operating expenses of the
Association, it shall provide the funds necessary to make up the deficit, within
thirty (30} days of receipt of request for payment thereof from the Association,
provided that if the deficit is the result of the failure or refusal of an Owner or
Owners to pay their annual maintenance assessments, the Association shall
diligently pursue all available remedies against such defaulting Owners, including
the immediate institution of litigation to recover the unpaid assessments, and shall
reimburse the Declarant the amounts, if any, so collected.
(c) Purposes of Maintenance Fund. The Association shall establish a
maintenance fund and shall use the proceeds of such fund in providing for normal,
recurring maintenance charges for the Common Maintenance Areas for the use
and benefit of all members of the Association. Such uses and benefits to be
provided by the Association may include, by way of clarification and not by
OR BOOK 1920 PAGE 1395
the full term (and extended term, if applicable) of these -covenants. The annual and special
assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the
land and shall be a continuing lien upon the Lot against which each such assessment -is made.
Each such assessment, together with interest, costs and reasonable attorney's fees shall also be
the personal obligation of the person who was the Owner of such Lot at the time when time
assessment fell due. The personal obligation for delinquent assessments shall not pass to the
successors in title of such Owner unless expressly assumed by them.
Section 3. Annual Assessment or Charge.
I (a) Units Owned by Class A Members. Subject to the terms of this
Article, each Lot is hereby subject to an initial maximum maintenance charge of
$150.00 per quota or $600.00 per annum (until such maintenance charge shall be
increased or decreased as provided in the Bylaws of the Association), for the
Purpose of creating a fund to be designated and known as the "maintenance fund,"
which maintenance charge and assessment will be paid by the Owner or Owners
of cach'such Lot in advance in quarterly or annual installments, commencing as to
all Lots on the date of the conveyance of that Lot to a Class A member (as that
term is defined in Article 1I, Section 7 below). The rate at which each Lot will be
assessed, and whether such assessment shall be payable quarterly or annually, will
be determined by the Board of Directors of the Association at least thirty (30)
days in ;advance of each affected assessment period. Said rate shall not exceed the
maximum rate permitted by the Bylaws, if any, and may be adjusted from time to
time by; said Board of Directors as the needs of the Properties may, in the
judgment of the Directors, require. The assessment for each Lot shall be uniform
except as provided in subsection (b) of this Section 3. The Association shall,
upon whiten demand and for a reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether the assessment has been paid
I for the assessment period.
(b) Units or I.ots Owned by Declarant. Notwithstanding the
foregoing, the Declarant shall be exempt from the annual maintenance assessment
charged to Owners so long as there is Class B membership as set forth in Section
7, and Declarant hereby covenants and agrees that in the event that the annual
maintenance fund revenues are insufficient to pay the operating expenses of the
Association, it shall provide the funds necessary to make up the deficit, within
thirty (30}days of receipt of request for payment thereof from the Association,
provided that if the deficit is the result of the failure or refusal of an Owner or
Owners to pay their annual maintenance assessments, the Association shall
diligently pursue all available remedies against such defaulting Owners, including
the immediate institution of litigation to recover the unpaid assessments, and shall
reimburse the Declarant the amounts, i f any, so collected.
(c) Purposes of Maintenance Fund. The Association shall establish a
maintenance fund and shall use the proceeds of such fund in providing for normal,
rPrurrino mnintnninre rhnroec fnr the Cnmmnn Mnintennnrc Areas fnr the use
a