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This document w &red by sind should be returned to the County Attorney9s Office 1801 27th Street ladd-a 374000 WA I 2115252 THIS DOCUMENT HAS B=EN RECORDED IN THE Pltf: _IC RE. OF:DS OF INDIAN RIVER COUP'ITY FL BK: 2472 PG:8101 Paget of 2 01/20/2011 at 09:17 AM, JEFFREY K SARTON, C1.,=:RK OF COURT MMM WHEREAS, Pointe West of Vero Beach, Ltd., a Florida limited partnership, and The Links at Pointe West, L.L.C., .a Florida limited liability company, the owners of property known as Pointe West East Village Phase 1 P.D., as recorded in Plat Book 22, Page 59, Public Records of Indian River County, Florida, imposed a Covenant to Defer Sidewalk Development affecting certain property within the subdivision which was recorded in Book 2326, Page 252 of the Public Records of Indian River County, Florida; and WHEREAS, on June 22, 2010 the owners requested the Board of County Commissioners release certain property within the deferral area, and the Board of County Commissioners approved such release contingent on the owners recording a covenant imposing the responsibility to the lot purchasers for constructing sidewalk segments fronting their respective lot(s), prior to the issuance of a certificate of completion for Phase 1A of Pointe West East Village Phase 1 P.D. Owners subsequently imposed such a covenant, recorded in Book 2438, Page 1933 of the Public Records of Indian River County, Florida, and the Board of County Commissioners thereafter released that specific property from the Covenant to Defer Sidewalk Development, said release being recorded in Book 2465, Page 2189 of the Public Records of Indian River County, Florida. The release, recorded in Book 2465, Page 2189 recites that the remainder of the property depicted within the Covenant to Defer Sidewalk Development continues to be under the Covenant to Defer Sidewalk Development; and WHEREAS, the owners' covenant imposing the responsibility to the lot purchasers for constructing sidewalk segments fronting their respective lot(s), recorded in Book 2438, Page 1933 of the Public Records of Indian River County, Florida, also imposes the covenant on the remainder property which continues to be under the Covenant to Defer Sidewalk Development; and that remainder property is now eligible to be released from the Covenant to Defer Sidewalk Development, recorded in Book 2326, Page 252; and WHEREAS, the release of the remainder of property from said Covenant to Defer Sidewalk Development over the property described in Book 2326, Page 252 requires the approval in writing by the Board of County Commissioners of Indian River County by recorded document; NOW, THEREFORE, by this instrument the Board of County Commissioners of Indian River County releases the remainder property from the Covenant to Defer Sidewalk Development recorded in O.R. Book 2326, Page 252, Public Records of Indian River County, Florida. 1.