Loading...
HomeMy WebLinkAbout2017 Perpetual EasementE-RECORDED DOCUMENT O.R. Book 30 S 5 . Page dS C Public Records of Indian River County, Florida Dete: Avu -11 zci+'Time: `/'131'M This Instrument Prepared By: CFN; s 1201a oc s 1 syz Jodie L. Love, CAM Wheelhouse Properties, LLC 5070 North Highway AIA, STE. C-1 Vero Beach, FL 32963 PERPETUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: SANDCREST HOME OWNERS' ASSOCIATION, a Florida Corporation, whose post office address is 5070 North Highway AIA, STE. C- 1, Vero Beach, Florida 32963, herein after called the GRANTOR, and the City of Sebastian, a political subdivision of the State of Florida whose address is 1225 Main Street, Sebastian, Florida 32958 its successors and assigns for the use and benefit of the public, hereinafter called "Grantee": WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, and for the other good and valuable considerations, the Grantor hereby grants unto the Grantee, a perpetual easement of flight of passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operations of aircraft, now know or hereinafter used, for navigation of or flight in the said airspace, for use of said airspace for landing on, or taking off from or operating on the Sebastian Municipal Airport. The property affected by this Easement is described as all of SandCrest Phase 1, according to the plat thereof, recorded in Plat Book 28 at page 13, Public Records of Indian River County, Florida. The Easement Property is further restricted as to the height of structures, objects of natural growth, and other obstructions to such a height so as to comply with Federal Aviation Regulations Part 77 and the property is restricted from any use which would interfere with the landing or takeoff of aircraft at the Sebastian Municipal Airport or interfere with air navigation and or communication facilities serving the Sebastian Municipal Airport, or otherwise constitute an airport hazard. TO HAVE AND TO HOLD, same unto the Grantee, Its successors and assigns. IN WITNESS WHEREOF, the Grantor has cause these presents to be executed in its name, by its proper officer hereunto duly authorized this o�— day of 2017. ttV{��: SANDCREST H� � WNGRS; _ASS�f� N�INC. l/N`ame:Ck' �u tJ harles RG./oMelo/hG%ling, HOA President N e At co rf.. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and acknowledged before the this � day of 2017, by Charles R. Mechling, President of SandCrest Home Owners' Association, Inc. who is personally known to me or who produced as evidence of id ntification. N ry u lie, fate o f orI a hl� +' JODIE L LOVE �a• - Commission Expires: it a5 i�� MY COMMISSION M FFS86023 SEAL EXPIRES April 25, 2020 HeIII �• -i:, r)39"163 FbIWfbWVSwna.mm Page 1 of 1 3120170064384 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3069 PG: 58, 11/9/2017 9:40 AM D DOCTAX PD S0.70 2 - S This Inamment Prepared By: Jodie L. Love, CAM Wheelhouse Properties, LLC 5070 North Highway A I A, STE. C-1 Vero Beach, FL 32963 PERPETUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: SANDCREST HOME OWNERS' ASSOCIATION, a Florida Corporation, whose post office address is 5070 North Highway A I A, STE. C- 1, Vero Beach, Florida 32963, herein after called the GRANTOR, and the City of Sebastian, a political subdivision of the State of Florida whose address is 1225 Main Street, Sebastian, Florida 32958 its successors and assigns for the use and benefit of the public, hereinafter called "Grantee": WITNESSETH: That for and in consideration of the sum of TEN DOLLARS (S 10.00) paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, and for the other good and valuable considerations, the Grantor hereby grants unto the Grantee, a perpetual easement of flight of passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operations of aircraft, now know or hereinafter used, for navigation of or flight in the said airspace, for use of said airspace for landing on, or taking off from or operating on the Sebastian Municipal Airport. The property affected by this Easement is described as all of SandCrest Phase 11, according to the plat thereof, recorded in Plat Book 29 at page 38 Public Records of Indian River County, Florida. The Easement Property is further restricted as to the height of structures, objects of natural growth, and other obstructions to such a height so as to comply with Federal Aviation Regulations Part 77 and the property is restricted from any use which would interfere with the landing or takeoff of aircraft at the Sebastian Municipal Airport or interfere with air navigation and or communication facilities serving the Sebastian Municipal Airport, or otherwise constitute an airport hazard. TO HAVE AND TO HOLD, same unto the Grantee, Its successors and assigns. IN WITNESS WHEREOF, the Grantor has cause these presents to be executed in its name, by its proper officer hereunto duly authorized this 1� ,day, of 4".-tll�-tP Y .2017. TNESS• SANDCREST HO E ' A$,yO�7ATIO N e:.S�c� r v� C ar a echGl/ieg//`H//O President / N��yh STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and acknowledged before me this I& day of e , 2017, by Charles R. Mechling, President of SandCrest Home Owners' Association, Inc. I/ who is personally (mown to me or _who produced as evidence of Li n'fication. n n a 771C1 bsState a on a 3001E L LOVE My Commission � on Expires: I Z,30�0 ��" My coMMlssiou ='=saeoxs SEAL `,, E%PIRES Ayl 25. 2020 INH ]AOtU faneM b.'SwvYw vV' _ http://ori.indian-river.org///DocumentIGetDocumentForPrintPNGI?request--AQAAANCMn... 6/4/2018 Page 1 of 1 r 3120170064385 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK. 3069 PG: 59,11l9/2017 9:40 AM D DOCTAX PD S0.70 This Instrument Prepared By: Jodie L. Love, CAM Wheelhouse Properties, LLC 5070 North Highway AIA, STE. C-1 Vero Beach, FL 32963 PERPETUAL EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: SANDCREST, LLC., a Florida Limited Liability Company, whose post office address is 5070 North Highway A I A, STE. C-I, Vero Beach, Florida 32963, herein after called the GRANTOR, and the City of Sebastian, a political subdivision of the State of Florida whose address is 1225 Main Street, Sebastian, Florida 32958 its successors and assigns for the use and benefit of the public, hereinafter called "Grantee": WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, and for the other good and valuable considerations, the Grantor hereby grants unto the Grantee, a perpetual easement of flight of passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operations of aircraft, now know or hereinafter used, for navigation of or flight in the said airspace, for use of said airspace for landing on, or taking off from or operating on the Sebastian Municipal Airport. The property affected by this Easement is described as all of SandCrest Phase 11, according to the plat thereof, recorded in Plat Book 29 at page 38. Public Records of Indian River County, Florida The Easement Property is further restricted as to the height of structures, objects of natural growth, and other obstructions to such a height so as to comply with Federal Aviation Regulations Part 77 and the property is restricted from any use which would interfere with the landing or takeoff of aircraft at the Sebastian Municipal Airport or interfere with air navigation and or communication facilities serving the Sebastian Municipal Airport, or otherwise constitute an airport hazard. TO HAVE AND TO HOLD, same unto the Grantee, Its successors and assigns. IN WITNESS WHEREOF, the Grantor has cause these presents to be executed in its name, by its proper officer hereunto duly authorized this 11 day of n.1-eke a.! , 2017. WITNESS: rel!-,L ., STATE OF FLORIDA COUNTY OF INDIAN RIVER SANDCCFEST, LL RoberrL Votaw, The foregoing instrument was sworn to and acknowledged before me this day of �t r 2017, by Charles R. Mechling, President of SandCrest Home Owner's Association, Inc. bo is personally known to me or _who produced as evidence of ate of Floe a Expires: PtPr'N aS 1�;) ibtO JODIE L LOVB - M+ LOMMIaaION MFFiM022 EA'Iaaa Apa 25.2020 noniirarai swm«wnswk.mm , http://ori.indian-river.org///DocumentIGetDocumentForPrintPNG/?request=AQAAANCMn... 6/4/2018 Page I oft 3120170064393 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3069 PC: 56, I1/912017 9:40 AIVI SUPPLEMENTAL DECLARATION m SANDCREST P.D. —PHASE 2 THIS SUPPLEMENTAL DECLARATION is made thisSday of. 2017 by SANDCREST, LLC, a Florida limited liability company (the "Developer). �n STATEMENT OF BACKGROUND INFORMATION J pi V A. Terms used as defined terms herein without definition shall have the meaning ascribed to them in the Declaration of Covenants, Conditions and Restrictions for SandCrest in Official recorded 0 Records Book 2930 at page 446, as amended by that certain Certificate of Amendment thereto recorded in Official Records Book 3000, Page 1820, further 17 and amended by that certain First U CQ Amendment thereto, recorded in Official Record Book 2957 at Page 820, and that certain Second Amendment recorded in Official Record Book 3000 at Page 1825, and that certain Third Amendment recorded in Official Record Book 3053, Page 456, all of the Public Records of z Indian River County, Florida (hereinafter collectively the "Declaration"). B. Developer has declared that the Property shall be developed in successive phases, and shall be (Y held, sold, conveyed and encumbered by the Declaration. C. The Declaration permits the Developer to unilaterally amend and supplement the same, and to add successive phases to the Community. 0 j D. Developer desires to annex and incorporate certain additional real property in to the Community Al as set forth herein, and to subject the same to the governing Declaration. i� STATEMENT OF DECLARATION Developer hereby declares that the following real property is hereby incorporated into the N SandCrest planned development, and said real property shall be held, sold, conveyed, encumbered, y� leased, occupied and improved subject to the covenants, conditions, restrictions, easements and provisions of the Declaration and this Supplement: Lots t to 25 and Lots 50 to 64, SandCrest P.D.—Phase 2, according to the plat thereof, as recorded in Plat Book 29 Pages 38 through 42 , inclusive, of the public records of Indian River County, Florida. All provisions of the Declaration shall apply to the above real property. IN WITNESS WHEREOF, this Supplemental Declaration has been executed as of the date first above written. Signed, sealed and delivered in the presence of fc P � Frww SandCrest, LLC, a Florida limited liability company Robeit otaw, r http://ori. indian-river. org///DocumentIGetDocumentForPrintPNG/?request=AQAAANCMn... 6/4/2018 5: Page 2 of 2 BK: 3069 PG: 57 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was swom to and acknowledged before me this L day of 017, by Robert J. Votaw, Manager of SandCrest, LLC, a Florida limited liability company _who is personally known tome or • who produced as evidence of identification. JOOIE L LOVE MY COMMMION a FFNIII Lary Public, State ofFlorida EXPIRES Apri 2s, tom y Commission Expires: �l 1010 Nsri ioe.oiw rem.nrrn..�..m� SEAL ASSOCIATION JOINDER The undersigned, SandCrest Home Owners' Association, Inc., a Florida corporation, hereby consents and joins in the foregoing Supplemwital Declaration to the Declaration of Covenants, Conditions, and Restrictions of SandCrest, this day of CC-in0e " , 2017. I HomeOwngrs'Associ 'on. lnc,. 7 C% ZZ— Charles R. Mechling, President STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and acknowledged before me this �. day of zOl�. by Charles R. blechling, President of SandCrest Home Owners' Association, Inc, a Florida corporation ✓ who is personally known to me or _who produced {(as; eevviiidd__�eI1n'cee of i5,d.�1cq ti'Eica�ttiio�nn. ➢7otary Puelic, State of"Florida y Commission Expires:13VnI a5,apa0 JOME L LOVE -.40F f MY COMMISSION r FF98W20 EXPIRES Aar 25.2020 ,471316010 vn,ewwrhww a• http://ori.indian-river.org///DocumentIGetDocumentForPrintPNG/?request=AQAAANCMn... 6/4/2018 THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF SANDCREST, P.D This Third Amendment to the Declaration of Covenants, Conditions, and Restrictions of SandCrest, P.D., made on the date hereinafter set forth by SandCrest, LLC., a Florida Corporation, its successors and assigns, hereinafter referred to as the "DEVELOPER." WHEREAS the Developer caused to be recorded the Declaration of Covenants, Conditions, and Restrictions of SandCrest, P.D. in Official Records Book 2930 at page 446 of the Public Records of Indian River County, Florida ("Declaration"), and WHEREAS, the property that was initially subject to the Declaration was SandCrest, Phase 1, according to the Plat thereof in accordance in Plat Book 28 at page 13 of the Public Records of Indian River County, Florida; and WHEREAS, Article XI of the Declaration provides that the members of the Association may amend the Declaration; and WHEREAS, it is the Association's desire to amend the Declaration and to record a writing in the public records of Indian River County, Florida evidencing said amendment. NOW THEREFORE, the Association hereby amends the Declaration as follows and in accordance with the procedures set forth in Article XI of the Declaration: 1. Article X is to be amended by adding Section 5 as follows: Section 5. The Association does hereby acknowledge the Sebastian Municipal Airport is in close proximity to SandCrest and said airport has the right to cause such noise as may be inherent in the operations of aircraft and thus the height of all structures, objects of natural growth, and other obstructions within SandCrest must comply with Federal Aviation Regulations Part 77 and any uses which would interfere with the landing or takeoff of aircraft at the Sebastian Municipal Airport or interfere with air navigation and or communication facilities servicing the Sebastian Municipal Airport, or otherwise constitute an airport hazard are prohibited. E-RECORDED DOCUMENT O.R. Book 3 053 , Page L158 Public Records of Indian River County, Florida Date: NJt Si. Z-o- Time: Of y:Is 4,— CFN: 2. Except as modified hereby the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, the Association has caused this Third Amendment to the Declaration to be executed in its name by its proper and duly authorized officer this _L_L day of,PL, 2017. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF INDIAN RIVER SandCrest Home Owners' Association, Inc. (/Z / / Charles R. Mechling, President The foregoing instrument was sworn to and acknowledged before me this ILA day of_� A (\e, 2017, by Charles R. Mechling, President of SandCrest Home Owner's Association, Inc. G who is personally known to me or _who produced as evidence of identification. JODIE L LOVE a1' Nr: MY COMMISSION 23 2 EXPIRES April 5, 2020 2020 p071�0-0f13 fbtlOMloY,yEuwu.mm Consent and Joinder ary Public, State of Florida Commission Expires: SEAL The undersigned, SandCrest, LLC, the declarant in that certain Declaration of Covenants, Conditions, and Restrictions of SandCrest PD and recorded in the land records of Indian River County, Florida in Official Record Book 2930, Page 446, hereby consents and joins in the foregoing First Amendment to the Declaration of Covenants, Conditions, Restrictions of SandCrest, PD. SandCrest, LLC Robert J. Vota Manager STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and acknowledged before me this a day of _)U (te, , 2017, by Robert J. Votaw, Manager of SandCrest, LLC. who is personally known to me or _who produced as evidence of identification. +• JODIE L LOVE SEAL MY COMMISSION 0 FF986023 EXPIRES April 25, 2020 IWn3YW16] Fwrawp.,YSxwa.com r o Public, State ofFlorida Commission Expires: