HomeMy Public PortalAboutStillwell Estates - Amendment to the Declaration of Rights Restrictions and CovenantsTHIS INSTRUMENT PREPARED BY:
C. Jeffrey McInnis, Esq.
ANCHORS SMITH GRIMSLEY, PLC
909 Mar Walt Drive, Suite 1014
Fort Walton Beach, FL 32547
(850) 863-4064
STATE OF FLORIDA
COUNTY OF OKALOOSA
Inst. #3603941 Bk: 3658 Pg: 1873
Page 1 of 2 Recorded: RECORDING ARTICLE1/13/2023 V: $8.00 RECORDING: $10.50
DEPUTY CLERK JDUNLAP
JD PEACOCK II CLERK OF COURTS,
OKALOOSA COUNTY, FLORIDA
AMENDMENT OF THE DECLARATION OF RIGHTS, RESTRICTIONS,
AND COVENANTS FOR STILLWELL ESTATES SUBDIVISION
WHEREAS, on November 15, 2005, SOUTHSIDE OF FLORIDA, LLC, a Florida limited liability
company, recorded that certain DECLARATION OF RIGHTS, RESTRICTIONS, AND
COVENANTS FOR STILLWELL ESTATES SUBDIVISION, in Book 2666, Pages 1659-1699 of
the Public Records of Okaloosa County, Florida, as amended and restated in that certain Amendment
and Restatement of the Declaration of Rights, Restrictions, and Covenants for Stillwell Estates
Subdivision recorded on March 21, 2006 in Book 2695, Pages 2892-2908 of said Public Records and
as further amended in Book 2977, Page 2423 and in Book 3027, Page 3815 together with that certain
Amendment to Declaration of Rights, Restrictions, and Covenants for Stillwell Estates Subdivision
recorded on June 30, 2009 in Book 2895, Page 1147 and re -recorded on July 1, 2009 in Book 2895,
Page 2224 and as further amended in Book 2977, Page 2423 and in Book 3163, Page 2946 and in
Book 3027, Page 3815 and in Book 3410, Page 4955 of said Public Records (the original declaration
and all amendments together with the amended and restated declaration are collectively referred to as
the "Declaration"); and,
WHEREAS, GJ PARTNERS, LLC, a Florida limited liability company, (the "Declarant") is the
successor Declarant to Southside of Florida, LLC, the original declarant by virtue of a Partial
Assignment of Declarant's Rights, dated June 29, 2009 and recorded on August 20, 2009 in Book
2902, Page 1415 of the Public Records of Okaloosa County, Florida; and,
WHEREAS, pursuant to Article IV, Section 3 of the Declaration, entitled "Amendment and Additional
Restrictions," the Declarant and its assigns, may amend the Declaration at any time during which it
owns property within Stillwell Estates Subdivision without the consent of the other Property Owners
so long as all such amendments conform to the general purposes and standards of the Covenants and
Restrictions contained within the Declaration; and,
WHEREAS, GJ Partners, LLC, continues to own lots within the Stillwell Estates Subdivision; and,
WHEREAS, the Declarant is desirous of amending the Declaration as hereinafter set forth.
NOW, THEREFORE, the Declarant hereby amends the Declaration as follows:
1. Article I, Section 1 is hereby deleted in its entirety and amended to read as follows:
"Section 1. Property Subject to this Declaration. The property which is, by the recording
of this Declaration, subject to the covenants, restrictions, easements, assessments and liens
hereinafter set forth and which by virtue of the recording of this Declaration, shall be held,
transferred, sold, conveyed, used, occupied and mortgages or otherwise encumbered
subject to this Declaration is described as property located in Okaloosa County, Florida
pursuant to plat as recorded in Plat Book 22, Page 65 of the Public Records of Okaloosa
County, Florida and being more particularly described in said plat, together with the
property located in Okaloosa County, Florida pursuant to plat as recorded in Plat Book 26,
Page 80, of the Public Records of Okaloosa County and being more particularly described
in said plat, less and except Lot 1, Block H, Stillwell South to be used by the City of
Crestview, Florida for public purposes and not subject to this Declaration."
2. Except as amended herein, the aforesaid Declaration of Rights, Restrictions,
Covenants for Stillwell Estates Subdivision, as previously amended, shall remain in full force
effect.
and
and
IN WITNESS WHEREOF, GJ Partners, LLC, has caused this Amendment of the Declaration
of Rights, Restrictions and Covenants for S il1we11 Estates Subdivision to be executed in its name by
it duly authorized corporate officer, the 3 day of January 2023.
Signed, sealed and delivered in the presence of:
Print Name: / ^. EFREY MC1NN1S
Print Name:
STATE OF FLORIDA )
COUNTY OF OKALOOSA)
DECLARANT:
GJ PARTNERS, LLC, a Florida limited
liability company
1
Win, II, Pres
The foregoing instrument was acknowledged before me by means of physical presence this
3 day of January 2023 by Jimmy H. Henderson, II, in his capacity as President of GJ Partners, LLC,
a Florida limited liability company, on behalf of the Company who is personally known to me and
therefore did not provide identification and who did not take an oath.
feN% CARLTON JEFFREY MCINNIS NOTAR'2 B IC
row; Commission 6 HH 2O3525
.....e ; oy' Expires March 21, 2026
MEMORANDUM OF AGREEMENT FOR CONVEYANCE OF PROPERTY IN
EXCHANGE FOR WATER & SEWER IMPACT FEE AND CONNECTION FEE
CREDITS
This Memorandum of Agreement is to document the agreement of the parties as approved
by the City Council of the City of Crestview, Florida on December 13, 2021. The City of
Crestview, Florida and GJ Partners, LLC agree as follows:
1. For and in consideration of the City of Crestview, Florida providing certain utility fee
credits as set forth below, GJ Partners, LLC will convey Lot 1, Block H, Stillwell South to the
City of Crestview for public purposes, and will cause the Declaration of Rights, Restrictions, and
Covenants for Stillwell Estates Subdivision to be modified such that Lot 1, Block H shall not be
subject to assessments by the homeowners' association for said subdivision.
2. For and in consideration of GJ Partners, LLC conveying Lot 1, Block H as set forth above,
the City of Crestview, Florida shall provide credits to GJ Partners, LLC totaling $23,000 for GJ
Partners, LLC's use toward water and sewer impact fees and/or connection fees charged or to be
charged in the future by the City of Crestview, Florida to Lots 21, 22, 23 or 24, Stillwell Estates
currently owned by GJ Partners, LLC.
IN WITNESS WHEREOF, the City of Crestview, Florida and GJ Partners, LLC, have
caused this Memorandum of Agreement to be executed effective as of December 13, 2021.
GJ PARTNERS, LLC
l�-
:.aly k Nerib son 1I, President
CITY OF CRESTVIEW, FLORIDA
Y : Tim Bolduc, City Manager