HomeMy WebLinkAboutDECLARATION OF RESTRICTIVE COVENANTJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4500495 11/13201809:5325 AM
OR BOOK 4202 PAGE 338 - 340 Doc Type: DEC
RECORDING: $27.00
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DECLARATION OF RESTRICTIVE COVENANT �IlClPf lD1t9P4r
MISSIONARY FLIGHTS AND SERVICE, INC, a Florida not for profit Corporation
("Missionary Flights") is the owner of the real property described on Exhibit "A" attached hereto
and incorporated herein by this reference ("Property") and does hereby create restrictive
covenants as set forth herein ("Covenants") that shall operate as covenants running with the land.
1. Missionary Flights is developing the Property as a not -for profit temporary housing
project known as Missionary Flights International Recreational Vehicle Paik ("Park") and
Missionary Flights intends to not have any persons permanently residing in the Park.
2. St. Lucie County ("County") has adopted the Educational Facilities Impact Fee
Ordinance, Chapter 1-6.5 of the Code of Ordinances of St. Lucie County, Florida
("Ordinance") which allows certain types of land development to be exempt from paying
educational facilities impact fees.
3. Missionary Flights hereby covenants and agrees that no school age child shall
permanently reside in the Park and that the Park shall only be temporarily occupied by
Missionary Flights employees or volunteers. The Park shall be limited to temporary, short
term occupancies by individuals or families. No occupancy by a school age child shall
exceed thirty (30) consecutive days or a total of sixty (60) days per calendar year or sixty
(60) days during any twelve (12) month period. Permanently residing shall be defined as
establishing the Park as the person's permanent domicile under the laws of the State of
Florida.
4. These Covenants are to run with the land and shall be binding on all parties and all
persons claiming under them until fifty (50) years ftom the date of recording has elapsed,
at which time said Covenants shall automatically terminate. Notwithstanding the
foregoing, Missionary Flights, its successors or assigns, shall have the right upon written
request delivered to the County with a copy to the School Board of St. Lucie County
("School Board"), to have the Property released from the Covenants upon tender to the
County of the amount of the applicable educational facility impact fees in effect at the
time of the requested release payable in accordance with the provisions of the Ordinance.
5. In the event of a violation or breach of the Covenants by any person or concern claiming
by, through or under Missionary Flights, its successors, or assigns, the County and the
School Board shall have the right to proceed at law or in equity to compel compliance
with the terms hereof or to prevent the violation or breach of such Covenants. The failure
to enforce any right, reservation, restriction or condition contained in this Declaration,
however long continued, shall not be deemed a waiver of the right to do so thereafter, as
to the same breach or, as to a breach occurring prior or subsequent thereto and shall not
bar or affect its enforcement.
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6. No amendment to this restrictive covenant shall be made without the School Board's
prior written approval. Upon the recording of these Covenants in the public records of St.
Lucie County, Florida the School Board will provide Missionary Flights with a letter
confirming that the Property is exempt from educational impact fees.
IN WITNESS WHEREOF, Missionary Flights has caused the execution of this
Declaration of Restrictive Covenant by their duly authorized official as of the date set forth
below.
Witness -
Print Name
Witness: ^ '1
Sara1�_ ((:�fV\-,
Print Name
STATE OF FLORIDA
) ss
COUNTY OF ST. LUCIE
Missionary Flights and Service, Inc, a Florida not
for profit Corporation
The foregoing instrument was acknowledged before me this day ofN1 -,
2018, by Joseph Karabensh, President of Missionary Flights and Service, Inc., a Florida not
for profit Corporation, who is:
1Zpersonally known to me, or
who has produced as identification.
Notary Seal
LORIWILLIAMSPuhlid-BaleofFlorida
NM
mission C GG 099784m.
EXPI(es May 1.2021Arau9N Nalioul Nowga,Im
Notary Public, State of Florida
Print Name:
My Commission Expires: (1`[1 �1_ &nQ\
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EXHIBIT "A"
Legal Description
THE SOUTH 200 FEET OF THE NORTH 245 FEET OF THE NORTH ''Y2 OF THE
NORTHEAST 'Y4 OF THE SOUTHWST % OF SECTION 30, TOWNSHIP 34
SOUTH, RANGE 40 EAST OF THE PUBLIC RECORDS OF SAINT LUCIE
COUNTY, FLORIDA.
LESS AND EXCEPTING ALL THE LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 459, PAGE 2756, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY,
FLORIDA.
LESS RIGHT-OF-WAY FOR PUBLIC ROADS AND CANALS, IF ANY
SAID PARCEL CONTAINS 5.2 ACRES MORE OR LESS.
Parcel ID #: 1430-311-0002-000-3
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