The URL can be used to link to this page

Home My WebLink About2000 Italian American Club1 t - Ip co DECLARATION OF COVENANTS AND RESTRICTIONS co ITALIAN- AMERICAN CLUB C-q IN THE RECORDS OF JEFFREY It BARTON CLERK CIRCUFr COURT KNOW ALL MEN BY THESE PRESENTS, that, INOM RNM 00, WHEREAS, the ITALIAN- AMERICAN CLUB OF SEBASTIAN, INC., (hereinafter called CD "Developer ") is the owner of all the land described as follows: Lots 3, 4, 5, & 6, Block 187, Sebastian Highlands Unit 8, as recorded in Plat Book 6 pages 9 through 14 of the Public Records of Indian River County, Florida, hereinafter called the "Encumbered Property". ^..� w co WHEREAS, a condition of site plan approval for the use of the Encumbered Property is that Developer promulgate restrictive covenants for the purpose of ensuring compliance with the provisions of the Land Development Code of the City of Sebastian governing removal of temporary access driveways onto County Road 512 (a/k/a Fellsmere Road); and WHEREAS, Developer desires to restrict the use and occupancy of such Encumbered Property accordingly; NOW THEREFORE, in consideration of the premises, the Developer hereby declares that all of the Encumbered Property described above and each part thereof shall be held, sold and conveyed only subject to the following, which shall constitute covenants running with the land and shall be binding on all parties having any right, title, or interest in the above described property or any part thereof, its successors and assigns and shall inure to the benefit of each owner thereof, 1. Within twenty -four hours of the issuance of a certificate of occupancy for the use of an parcel abutting and adjacent to the Encumbered Property which has constructed or has access to a permanent curb cut as delineated in the Land Development Code of the City of Sebastian, Developer or its successors shall block off the driveway to County Road 512 constructed on the Encumbered Property. 2. Within sixty (60) days of the issuance of a certificate of occupancy for the use of an parcel abutting and adjacent to the Encumbered Property which has constructed or has access to a ry permanent curb cut as delineated in the Land Development Code of the City of Sebastian, Developer ---J or its successors shall excavate and remove the pavement from said driveway, and install requisite co landscaping and parking improvements pursuant to the Code. 3. Upon failure of the Developer or its successors to perform one of these covenants within the time limits set forth herein, the City of Sebastian is authorized to perform said acts in the method determined in the City's sole discretion to be most efficient and expedient, and the expenses incurred by the City in so performing the obligations of Developer shall be recorded as a special assessment lien against the Encumbered Property bearing equal dignity to the lien of taxes and superior in priority to all other liens. IN WITNESS WHEREOF the Developer has fully executed the foregoing restrictive covenants on the 16th day of March, 2000. In the presence of Witness �A 4kritness STATE OF FLORIDA COUNTY OF INDIAN RIVER: Italian- American Club of Sebastian, Inc. B • Jos h Vereline, resident Attest: C/ By gees Carrano, Vice - President BEFORE ME, the undersigned authority authorizes to make acknowledgments in the State and County aforesaid, appeared JOSEPH VERELINE and AGNES CARRANO, as President and Vice - President, respect ,oft eItalian- American Cl"SeN4siig&t, Inc., who has produce h �' �,e (d�- -40- _� �o - (BU'S` -i as identification and they acknowledged executing the foregoing Covenants and Restrictions on behalf of the corporation and with full authority to do so. WITNESS my hand and seal thisZG day of 2000 This Document Was Prepared By And Should Be Returned To: Rich Stringer, City Attorney 1225 Main Street Sebastian, FL 32958 uy b • . 10 sion Expires: iMr n ��• LINDA M. GALLEY MY COMMISSION # CC 740478 EXPIRES: June 18 2002 P( „4 Bonded Thru Notary Public underwriters t°J c� Y� C -512 Easement IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., F=LA. Corporation DEED OF EASEMENT The undersigned Grantor described real property located County Road 512 in the City Florida. r�7 DOCUMENTARY STAMPS DEED $ .7 0 NOTE $ A F I RFY K. RAPTnN, CLERK INDIAN RIVER l;Ul1NTY is the owner of the following on the south side of Indian River of Sebastian, Indian River County, "n e � (/' / Grantor hereby grants and conveys to the City of Sebastian, a municipal corporation, for the use and benefit of current and future owners of other lots in the same block of the Sebastian Highlands Subdivision for the installation of utilities by any and all public utilities, the City of Sebastian, and Indian River County, and for motor vehicle traffic. The easement is twenty -four feet (24) in depth (north to south) and runs from the easterly most lot line of the easterly lot to the westerly most lot line of the westerly most lot, inclusive, each lot having a width of forty ( 40 ) feet, more or less. The north edge of the easement is thirty (30) feet south of the south edge of the now existing right -of -way line of County Road 512 and the south edge of the easement is fifty -four ( 54 ) feet south of the south right -of -way line of ..512. This easement is granted pursuant to Section V(1) at page B -6 of Appendix B of the City of Sebastian Land Development Code, adopted on August 28, 1985, as Ordinance 0- 85 -14. This easement is granted as a prerequisite to and in consideration for development approval granted by the City of Sebastian and is negessary to implement the transportation policy of Indian River County on County Road •512 to limit the number of curb -cut access to that road for safety and traffic control considerations. In the event that this easement is ever to be released, it will be released by the City of Sebastian according to its then existing procedures for the vacation of easements. N O -v 0 cn EXECUTED BY GRANTOR(S) on the L' day o�fJ Ae Lt k_ , ?d-d -0 - j%l,il -rr�2! �A7C'F�r�a! ��r -[ !,� -' �Sc_'!3.?57ig,cJ y.•i;C_ all grantors Witness- tall grantors ACCEPTED, by. the City of Sebastian, ATT1; er AFTER RECORDING RETURN TO: City Clerk of City of Sebastian 1225 Main Street Sebastian, Florida 32958 Florida y: ' _ ity Manager This instrument prepared by: � W City or ��3iJSTlR� ry w n CD Cif co City of Sebastian, Florida OFFICE OF THE crrY ATTogNgy ; AGENDA TRANSMITTAL Agenda No. 1�6 ° 09( Subject: Italian- American Club; Date Submitted: 3/16/00 substitute for bond For Agenda of 3/22/00 EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: 0 APPROPRIATION REQUIRED: 0 f.Yim lu KI The site plan for the new Italian - American Club facility on CR 512 was approved subject to compliance with the CR 512 access plan. One condition of approval of temporary access on to the highway is a bond to secure that the developer removes and restores the driveway area once an interconnection to a sideroad is available. This bonding requirement, being for an indefinite term, is not feasible. A more suitable form of security would be a covenant on the record that the City, if required to perform the restoration, will hold a superior lien on the property. RECOMMENDED ACTION: Authorize acceptance of suitable substituted security satisfactory to the City Attorney in lieu of the performance bond required for the Italian - American club site plan. AUTHORIZED FOR PLACEMENT ON AGENDA BY CITY MANAGE :