HomeMy WebLinkAboutDocumentation_Regular_Tab 8C_4/12/1990 xvia t,i ry
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VILLAGE OF TEQUESTA
1 ,Z. „'-i BUILDING DEPARTMENT-
3,-_, Post Office Box 3273 • 357 Tequesta Drive
* 704' Tequesta, Florida 33469-0273 • (407) 575-6220
�t -r►. FAX: (407) 575-6203
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MEMORANDUM:
TO: Thomas G. Bradford, Village Manager L
FROM: Scott D. Ladd, Building Official S%
DATE: March 15, 1990
SUBJECT: Sketch Plan Review of "Noit Gedacht" Subdivision.
Tom, attached please find eight ( 8) sets of packets
with sketch plan for the above references subject. The proposed
subdivision has been reviewed for compliance with the sketch plan
review criteria of Appendix B, Subdivision Regulations, and meets
the minimum requirements set forth therein. The applicable
department heads have performed preliminary reviews of the
proposed street, cul—de—sac and utility layout.
Please place this application for sketch plan review on
the agenda for the April 12, 1990 Council meeting under
Development Matters. Thank you.
SDL: j ms
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. bt- 43//9.
VILLAGE OF TEQUESTA .
APPLICATION FOR SUBDIVISION . REVIEW
•
NAME OF APPLICANT: Gordon A. kipma DATE: 2/20/90
MAILING ADDRESS: 10.410 .S':F.Terrapin Place Tequesta, Fla. 33469
PHONE NUMBER: ( HOME) 746 - 7732 ( BUSINESS) 746 - 6.758
LOT/PARCEL 'ADDRESS: Bay View Road/ ,)ew,t' PIACF. eta/ ei :SIT/i1 )
PROPERTY CONTROL NUMBER: 60-42-40--3'6-0-0-003-0030 / 1104@
DESCRIPTION OF PROPOSED SUBDIVISION: .
3 LOT SUBDIVIS'ION •
NAME PROPOSED;:- NOIT G'DACIIT
PROPERTY OWNER: Richard. A. DpWi.tt .
( If Other Than Applicant) .
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION:
1. THE ORIGINAL AND TEN ( 10) ' COPIES OF A PROFESSIONALLY PREPARED
SKETCH PLAN OF THE PROPOSED SUBDIVISION, MEETING THE REQUIREMENTS
OF . ARTICLE II, SECTION 1, PARAGRAPH ( 1) , SUB—PARAGRAPHS 1 — 7, OF
THE VILLAGE OF TEQUESTA SUBDIVISION REGULATIONS.
2. WRITTEN APPROVAL FROM PROPERTY OWNER, IF NOT THE APPLICANT,
AUTHORIZING, APPLICANT TO ACT. AS AGENT FOR THE PROPERTY OWNER.'
3. , ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. .
4. APPLICATION FEE ' OF TW NDRED ( $200. 00) DOLLARS PLUS TEN
( $10. 00) DOLLARS FOR gAC L PROPOSED 'FOR THE SUBDIVISION.
APPLICANT' S SIGNATURE:
NOTE: ALL RENDERINGS, : MODELS, PHOTOS, E C. ` SUBMITTED TO THE VILLAGE.
WILL BECOME THE PROPERTY.:-6F THE VILLAGE 0 _. TEQUESTA. .
FebrUary 20, 19.90
Village of Tequesta
Tequesta Drive
Tequesta, Florida 33469
This shall confirm that Gordon R. Ripma is authorized to
act as my agent in applying for sub division approval .
ichard A. DeWitt
• 7 • ither:flerry, \ • .•
1.
ATE j I •/ J '
/.
100 Delaware Blvd '
. Jupiter FL 33458
-March 09 , 1990
•
Village ofequesta ,
'RE: Noit Gedacht: Underground Subdivision located south of Bavview Terr.
Dear Sir( s) : .
This is, to confirm that FPL has sufficient capacity to provide. electrical '
service to the above captioned. property. This service will be furnished in
accordance with applicable rates and FPL practices .
It will be necessary for FPL' to,.be provided with the final site plan,. site
survey and complete electrical' load calculations (voltage requirements , . tons '
• A/C, motor hp, heat strips , main line switch, etc . ) as soon as 'possible so ,
that the necessary engineering can begin. .
.Early contact with FPL is essential so' that resources may be scheduled to
.. ensure availability of . service 'when certificate of occupance has been
' received by this office from ..the authorized governmental department.
Sincerely, '
l
. ': 42'---. ' • . .. . -
' Michael W. Doyle '
Construction Services Engineer
• Ph. 575.76303. . ' • '
•
an FPL Group company - '
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WESTERLY BOUNDARY S 932'30" W FOR 656.88 FEET TO THE SOUTH LINE OF
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...;:,:! ,. .S 8924'487 Ei,FOR 3.58.34 FEET TO THE WEST LINE OF SAID SECTION 36;
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CONTAINING 8.51 ACRES, MORE OR LESS.
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,,.., V :••• .1• :. . . '. HAVE CAUSED THE. SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON
O.2",`..:0,'.::•'" •.:: I .* AND DO DEDICATE AS FOLLOWS:
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'r,'-•'''• ' ' ' •‘'•I 'l STREETS: .. . -•
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, J,: • : . THE STREETS AS SHOWN ARE HEREBY DEDICATED TO THE VILLAGE OF
. :••; :
4: 1 TEQUESTA, PALM BEACH COUNTY, FLORIDA, FOR PERPETUAL USE OF THE
, ,,,. .. . .
• PUBLIC FOR PROPER PURPOSES.
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EASEMENTS: - : . •
4., .
*ii;•:....• . • f':''.1 UTILITY ac DRAINAGE EASEMENTS - THE UTILITY ec DRAINAGE EASE-
. . ''''''.4-';' MENTS AS SHOWN ARE HEREBY DEDICATED IN PERPETUITY FOR THE
11; • •
' CONSTRUCTION AND MAINTENANCE OF UTILITIES AND DRAINAGE.
• • •
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'V:' , •
LIMITED ACCESS EASEMENTS - THE LIMITED ACCESS EASEMENTS AS
i,,•,'.f . SHOWN ARE DEDICATED TO THE VILLAGE- OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, FOR THE PURPOSES OF CONTROL AND JURISDIC-
TION•OVER ACCESS RIGHTS.
•,•`.- : t . (473;1 RECREATION AREA:
., .
„,...• ,. , ,.
,,,-, • THE RECREATION AREA AS SHOWN IS HEREBY DEDICATED TO THE
: . .BAYVIEW TERRACE PROPERTY OWNERS' ASSOCIATION, INC. AND •
THE SHADY LANE PROPERTY OWNERS' ASSOCIATION, INC. AND IS
• ' , • THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATIONS.
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DECLARATION . OF •COVENANTS, CONDITIONS AND RESTRICTIONS
OF
• ' NOIT GEDACHT •
KNOW ALL MEN BY THESE PRESENTS, that the undersigned
Declarant, is the . owner of certain real property to be
hereinafter known as NOIT GEDACHT in P.Beach County,
Florida, and more particularly shown on Exhibit "A" attached
hereto (the "Property") , and hereby makes the following
Declaration of Covenants, Conditions and Restrictions covering
the Property, specifying that this Declaration shall constitute a
convenant running with the. land shown on Exhibit "A" above. and
that this Declaration shall be binding upon the undersigned and • .
upon all persons deraigning title through the undersigned. These Protective Covenants, shall be for benefit of and limitation upon
all present and future owners of all or any lot on the Property,
and of other property owned •by the undersigned which shall be •
made. subject to these Covenants at a. later date.
1. Definitions. The .following words, phrases and groups
of words are used in this Declaration, of NOIT GEDACHT, .
, or deposit receipt contract, sales agreements or any other literature associated with the project known as
NOIT GEDACHT . they shall have the meaning set forth herein:
•
1.1 "Association" shall mean and refer to NOIT GEDACHT
its successors or assigns. • .
1. 2 "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any Lot, including contract sellers, but excluding those
having such interest merely as security for the performance of an
obligation.
1.3 "Declaration" shall mean and refer to the Declaration
of Covenants, Conditions and Restrictions applicable to the
Property recorded in the Office of the Public Records of
, Florida.
1. 4 "Member" shall mean and refer to those persons entitled• to vote as provided in the Articles.
1. 5 ARTICLES: OMIT
1. 6 BY LAWS : OMIT
•
1.7 "Property" shall mean and refer to that certain real
property shown on Exhibit "A" attached hereto and such additions
thereto as may hereafter be brought within the jurisdiction of .
the Association by annexation.
•
1.8 "Declarant" shall mean and -refer• to RICHARD A. DEWITT
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assigns: . and its successors and
1.9 "Lot" shall mean and refers-to each of the thREE(3 .) separate lots. . •
1. 10 '_NOIT GEDACHT - •Couun�Area" shall mean all real
.property ( ncluding . improvements thereto) owned by the
Association for .the common use and enjoyment of - the Owners. The
' NOIT GEDACHT • : .. .common area -to be owned by the Association
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at the time of the conveyance of the first Lot is, more
particularly described on Exhibit "A" attached hereto.
2 .. Easements of. Enjoyment.
" ' 2 .1 ' Owner ' s Easements of Enjoyment. Every Owner shall
have the right and easement of enjoyment in and to the Common
Area which' shall be appurtenant to and shall pass with the title
to every Lot, subject to the following provisions.
2 . 1. 1 The right of. the Association to suspend the voting
rights and right to use of Common Areas and any facilities
thereon by any Owner for any period during which any assessment
against his Lot remains unpaid; and for a period not ,to exceed
sixty (60) days for an infraction of its published rules and
regulations;
2 . 1.2 The right of the Association to dedicate or
transfer all or any part of both Common Areas to any public•
agency, authority or utility, for such purposes and subject• to
such conditions as may be agreed to by the Members; provided ,
however, that no such dedication or transfer shall be signed
effective unless an instrument agreeing to such dedication or,
transfer by sixty six&two third Percent of the Members entitled to'
vote on the issue has .been recorded in the Public : Records of
County, Florida.
3 . . Title. Each Owner at NOIT GEDACHT; will own fee
simple title to his Lot.
4 . Maintenance of Lots. No Owner shall in any way
deface the exterior of his dwelling or any structure on his Lot.
Exterior walls and roof are to be maintained by each Lot owner in
quality condition equivalent to that at the time of its completed'
construction at all times. Failure to maintain the Lot in such
manner may result in a notice to the Owner from the Association
setting forth the items to be corrected within a thirty (30) day
time period. In the event the notice is not adhered to, the
Association may contract to have such work performed and the
Owner will be charged for the invoices delivered by such
contractors or workers together with any reasonable costs of the
Association. The Association shall have the right to file a lien
for non-payment of such charges in which event the Lot and Owner
shall be responsible for attorneys ' fees and costs of the .
Association incident to the collection of such assessment or
enforcement of such lien.
5 . Exterior Finish of Improvements. Each Owner covenants
and agrees that the entire structural and decorative themes of
all common and private exterior areas will remain as they were
originally designed by the Declarant. The only method by which
this original theme can be changed will be under Board direction
with 100% of all Members voting for the change, and in that
event, the change would effect all units and Common Areas in
•
unison. In addition, if there are any mortgages upon the Lots,
then the consent in writing of any, and all holders of first
mortgages shall also be required prior to such change being
effected. An Owner shall not be required to obtain any approval
for the painting of the exterior of the dwelling on his Lot in a
color and finish consistent and compatible with the color and
finish of all other- dwellings at NOIT GEDACHT.
6. Structural Repair and Maintenance of 'Dwelling.
Normal maintenance such as recoating; repainting or repairing
shall, be done uniformly and at the same time for all structures
by, the Association 'upon approval by two-thirds (2/3rds) vote of
Members. ' The expense of such- maintenance shall be borne equally
by the Owners. In. the event of damage or destruction which is
confined to the. structural area wholly within the dimensions of
one Lot, the repair• or replacement shall be at the expense of the
said -owner. If any .Owner shall neglect or refuse ' to pay his'
share;. or °all .of such.: cost in' case • of. negligence or willful
misconduct, the Association may have such building repaired and
shall be entitled to a lien on .the Lot so failing to pay for the
the amount of such repair or replacement cost.
7 . - Mortgagee' s Rights. If an 'Owner shall give, or shall
have given , a .mortgage or mortgages upon his property, then the
mortgagee shall have the lull right at its option to exercise the
rights of its mortgagor as an Owner hereunder. In addition,'
.. shall have the right to add to the outstanding balance of such
mortgage any aniounis paid by the mortgagee for repairs and not •
reimbursed to said mortgagee by ,the Owner. . The lien of the
assessments provided for in this Declaration shall be subordinate to the lien of any first mortgage recorded prior to the time of '
recording 'the claim of lien provided for herein by the
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Association.
8 . Insurance.
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8 .1 Property, Flood and Casualty Insurance. The Association
shall maintain property, flood and casualty insurance on all
buildings and other improvements on the Common Area. No
insurance will be carried by the Association on any contents of any Owner' s dwelling. Each Owner will be assessed annually for
one- third (1/3) . the total insurance premium. The insurance
shall be in an amount equal to the maximum insurance replacement
value,• excluding foundation and excavation costs. The assessment '
for , insurance shall be due . and payable .when billed, which shall• be sixty (60). days prior to the expiration date of the policy
covering the buildings and other .improvements at NOIT GEDACHT
. The Association shall have the right to file a lien
•
against the Lot of such Owner who shall fail to make his required
assessment payments. In the event of any casualty loss covered
under the master policies, the Association shall. be the agent of
all Owners and shall adjust such' loss on their behalf.
• 8 . 2 Liability Insurance. The Association shall also
' . purchase such liability insurance as may be necessary on the
Common Areas to protect respective interests of the Association
and the Owners. Such assessments for this insurance will be
handled' as set forth below. '
9 : . Membership in the .Association and Voting Rights. Each Owner shall automatically become '. a member of the Association 'by
virtue of acceptance of the deed of conveyance to his Lot.
Membership shall be appurtenant to and may not be separated from. the ownership of the Lot. As a member of the Association, the Owner shall be' governed by the .Articles of Incorporation. Each Owner shall be entitled to one vote on all matters put before Members of the Association for a vote. When more than one person .
holds an interest in any Lot, all such persons shall be treated
as one member. . The vote for such Lot Shall be exercised as they
.determine. but in no event shall more than one vote be case with
respect to each, Lot. The Declarant shall be entitled to one (1)
vote for each Lot owned including Lots on which dwellings are
planned but not yet constructed.
'
10. Payment of Assessments.' The Association shall collect
a charge four times a year from each Owner. This charge shall be
, used to maintain the lawn and landscaping of the Common_ Area, .
paying the electric, water and se.wage 'expenses incurred in
maintaining the 1 r.?n and streets in Common. Areas.
shall be defined as. "Current Expenses" within the terms ofathe
By-Laws. The money shall be used e-•'=lusively to promote the
recreahinn, 'health safety.: and welfare and the Owners, and for the •
improveznunt, maintenance, repair and replacement of the Common
Areas.. Each' Owner shall be assessed one-third
the total:.."Current. Expenses". (1/3 ) of
' In .ac]dition, the Association shall collect a charge four
times a year from each Owner f_or, • the cost of maintaining a
manager' s office and paying the manager.'s salary. This charge
shall be defined as . "Manager' s .Expense" .. . This expense shall be
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borne equally .byall Owners, each Owner paying a
one-third (1/3 :) share. Both of these charges shall be
that which is set- by ,the Association and :may ,be 'modified from
time to time in keeping with the necessary adjustments in the
• amount required to properly, maintain and operate NOIT GEDACHT
Each Owner shall be responsible for paying his
assessment charge on a current basis. The Association shall have
the right to file a lien against the, Lot- of an Owner who fails to
pay his maintenance assessment after the due date and elapse of
all grace periods. In addition to the quarterly assessments
authorized above, the:Association may levy, in any assessment .
year, a special assessment, applicable to that year only, for the
purpose of defraying, in whole or in part, the costs of. any •
repair or replacement to, any portion of the common property,
provided that any such assessment shall have the assent of sixty
six :•& two ':thirds (661) Percent of Members who are voting in person or
by, proxy at .a meeting duly called for- this purpose under the
terms set forth in By-Laws of the Association.
All assessments for "Current Expenses" and Manager' s
Expenses shall be collected in advance. This means that a charge
due .onApril 1st shall be collected on January 1st.
1,1. Covenants to Pay Assessments. (a) The Owner of any Lot
by acceptance of a deed, therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to-
the Association annual assessments, special assessments, interest
thereon, late charges, costs of suits,- expenses and attorney ' s
fees, if any,:ras may be established and or. determined as provided
for in - this Declaration. The annual and special assessments,
together with interest thereon at the rate of Eighteen (18%)
Percent per annum, from the due date if not paid prior to the '
elapse of the grace period, costs of- suit, expenses and
reasonable attorney' s fees, shall be a charge on and a continuing
lien upon the Lot against which each such assessment is made.
The lien shall be evidenced by an instrument . executed by the •
Association and recorded in the Public Records ofP:Beach County,
Florida, shall be enforced in the same manner as is provided .for
by law for the enforcement of mechanic' s and materialmen' s liens.
(b) The assessment, along with interest thereon, late
charges,, costs of suit, expenses and attorneys fees shall also be
the personal obligation of the Owner who was the owner of the• Lot
as of the date the assessment falls due.
11. 1' From .and after January 1st of the year immediately.
following the conveyance of the first Lot to an Owner, the
maximum annual assessment and/or quarterly charge may be •
• increased each year not more than Five :I5%) Percent' above the
•
assessment of the previous year without a 'vote •of' sixty six 'i', two '•thirds
6.6 (2/1) Percent of the Members who are voting in person or by
proxy, at a meeting duly called for this purpose. - ,
11. 2 The Board of Directors may fix an annual assessment not
in excess of the maximum. amount. •
11.3 Special 'Assessments for •Capital Improvements.
addition to the annual assessments authh r z.ed above, the In
' Association -may levy, in .any, assessment year, a special
, • assessment applicable to that-year only for the purpose of
defraying, in whole or in party, the cost of any construction, •
reconstruction, .repair or replacement of, a capital improvement
upon the` lawn or ,roads of the NOIT GEDACHT
common .
prop`erty.. including fixtures and personal property related
,thereto, provided that any such assessment shall have . the consent
of sixty six 2/3 ( 664)2/a'ercent of all Member who are voting in:
person or by• proxy at � meeting duly called for this purpose.
Any special assessments for capital improvements of this nature -
wi.11'.be charged to the owners in. accordance with the assessment
plan as described above.
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11.4 Notice and Quorum for any Action Authorized Under:
• • . Article II • 4 Written notice •of any meeting called for the
. ' purpose of • taking anyaction: authorized under this Article +ll
shall. be sent to all Members not less: than thirty
more than' sixty (60) `days ' in advance of the meeting. ) a
At nor
the
' •
first such meeting ;called, the presence of Members or of proxies. entitled to cast a majority of all of the votes of the Members
entitled to vote on that issue shall constitute a quorum. If the
required quorum is not present, another meeting may be called
subject to the same notice requirements, and the required quorum
at the subsequent meeting shall be one-half of the required
quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding
meeting.
•
12. Assessment Pa meats. All assessments are due and
payable immediately upon their issuance or the date specified
therein by the Association: Should any assessment not be paid
within Ten (10) Days from the date of issuance thereof or the
date so specified, the Association shall be entitled to assess
against the Owner a late fee of ONE HUNDRED ($100 .00) DOLLARS to
partially compensate the Association for its additional bookkeeping, administration and collection activities with regard
to said late assessment payment. All sums, - including late fees
unpaid after Thirty (30) days from due date shall bear interest.
thereof at the rate of Eighteen (18%) Percent from the date when
due until paid. All payments upon account shall first be applied
to interest and then to the late charge and then to the
assessment payment first due.
12. 1 Should any assessment not be paid within Thirty
Days from the due date thereof, the Association may uponFive) (5)
Days notice, declare due and payable all assessments applicable
to that Lot for the year in which the delinquency occurs.
• 12 . 2 The Association may bring an action at law against the
Owner personally obligated to pay same without waiving any c.1.aim
of lien it may have against the Lot, or after first perfecting
its lien as stated elsewhere herein, foreclose the lien against
said Owner's Lot. The lien for unpaid assessments shall also
secure the reasonable attorney' s fees incurred by the Association
•
incident to the collection of such assessment or enforcement of
such lien.
12 .3 No Owner may waive or otherwise avoid liability for the
assessments of the. Association by nonuse or partial use of the
Common Areas he is entitled to use or claim offset against the
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Association, or abandonment of his Lot.
12.4 Each Owner by his acceptance of a deed to his Lot '
consents to jurisdiction of the Courts of P.Beach County, Florida,
and waives any rights of alternative venue or jurisdiction in the
event an action is brought against him by the Association for
collection of an assessment.
13 . Use of Common Property. Each Owner •shall have
perpetually the full, non-exclusive free right and easement to
the use and enjoyment of all of the NOIT GEDACHT _ .commnfl
property owned by the Association, subject to the rights of all
other Owners of Lots located on_ the Property. • This right ' shall
on_
include but not be limited to right of ingress and egress
throughout the common property and shall also extend to all
invitees and guests of an Owner, 'This use is, however, subject
to any reasonable regulations for tile use of this common property
as may-be establ.; ;:1red from time to time by the Association.
13.1 Nuisances. No nuisance •shall be allowed upon common '
property, . nor any use . or practice that. is the source of annoyance
to residents o': .which interferes with the peaceful possession and
property use of t-he property by its residents. All parts of the
common property -shall be kept in a clean and sanitary condition,
and, no rubbish,' refuse or garbage;allowed to accumulate nor. any .
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fire hazard allowed to;'•exist. ,No Owner shall permit any use of
his 'Lot or.: make.• any use of the -common
the cost of insurance upon . the common pproperty that will increase
13. 2 Lawful Use. No immoral
unlawful use shall be made of the' common rpropertyforsany property
operated by the Association nor' any part of it; and all valid
laws, zoning ordinances and regulations of all governmental
bodies having jurisdiction shall be observed.
13 .3 Guests. Each Owner shall be' fully responsible for the.
activities and actions of his guests or visitors and shall take
all action necessary or required to insure that all guests and
visitors fully comply with the provisions of this Declaration and
• all rules and regulations of the Association.
14 . Mort a ees' Access. All mortgagees of Lots shall
specifically have a complete right of access' to all of the common
properties for the
purpose of ingress and gress . to any and all
Lots upon which they have a mortgage loan. '. "
15. Algrty2ge ' s 'Possession. . When the mortgagee
mortgage of record or other purchaser of a Lot obtainso title' toat
the dwelling as a result of foreclosure of the first mortgage, or
be a deed ,taken in lieu of foreclosure, such acquirer of title
liis , successor and assigns, shall not be liable for any delinquent
assessment's of the former Owner which became due prior to the:
acquisition- of title :.as a result of the foreclosure or by a deed
taken in lieu of foreclosure.:' Such' unpaid assessments shall be
deemed ' to be. a common assessment, collectible from all of the
Owners. Whenever a title is acquired , as stated aforesaid of such
acquirer shall be responsi.ble' for all assessments whatsoever,' '
from that date forward, until title to' the Lost is transferred
from such acquirer.
16 . Utility and Governmental Service Easements. Easements . '
are specifically reserved to' the Declarant and granted to Owners
and such appropriate utility and;.other service companies or
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providers of the services ' hereinafter set forth. 'as are from time
to time designated by Declarant, .such 'easements over, under, in
and upon the Lots as may be necessary to •
for ingress and egress for persons to providend utility services _
utility services, including, but not limitedeto, power,r electric,in such
sewer, water, drainage, telephone, .
irrigation, - television transmissionyand cable . transmission facilities,
facilities, security service and facilities in connection
therewith and for governmental purposes. An easement for
encroachment .in favor of all Owners in the event an
any of the Lost pany.encroaches upon Y portion of •
•' < minor inaccuracies in'. surve other Lot as a result of _
y., construction or reconstruction or ,
due to settlement or movement. This easement• for encroachment`
shall include an easement for the maintenance' :an use of the
encroaching improvements in favor •of each of the Owners and shall
also include cross easements of support and us.e over, upon
across, under through' and into, the Lot in favor of the 'Owners
and/or their designees. ' These easements may be assigned by the
Declarant in :whole or in
governmental part to any city, county or state
g talor agency thereof, or any duly licensed or
franchised or public utility. or any other appropriate designee of
Declarant.
. s17. Control of Association. The Declarant.
lsole contra he A_ssoEUTIon until saleshae beenclosed on least THREE ( 3 ) Lots.
has' sole control of the Association, 'it has theisoleltrightltoant
t amend this Declaration of Covenants, Conditions. and Restrictions
without requirement of the joinder ,of any Owner. Further, the
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Declarant. shall have the right, with ''regard to any •hots 'still
owned by •it, to use same as its sales office or as a model. -
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18 . Liens. Any lien referred to in this Declaration •
shall not be effective unless and until the same has been
recorded in the Public Records of P,Beach County, Florida. •
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19 . Duty to Repair Dwelling. In the event a dwelling is
damaged, through an act of God or other casualty, that Owner
shall promptly cause his dwelling to be repaired or rebuilt
substantially in accordance with the original architectural plans
and specifications. It shall be the duty of the association to
enforce such repair and rebuilding of the dwelling to comply with
this responsibility.
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20 . Length of Covenant. These covenants are to run with the land and shall be binding on all parties and all persons claiming •
under them for a period of Ten (10) years from the date these
covenants are recorded,• or until the undersigned has sold all
Lots, whichever occurs last, after which time they shall be
extended automatically for successive periods of Ten (10) Years,
unless a written instrument agreeing to change the covenants, in
whole or in part, signed by a majority of the then Owners of the
Lots and their mortgagees has been recorded.
21. • Enforcement of Covenants. Enforcement of these
covenants may be made by an Owner or the Association, by an
action against any person or persons violating or attempting to
violate th^se covenants either to restrain the violation or to
recover damages. The party bringing the action shall be entitled
to recover, • in addition to costs and disbursements allowed by
law, such sum as the court may adjudge to be reasonable for the
services of his attorney.
22 . Severability. Invalidation of any one of these
covenants ET- -idgment---
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of the other provisions rwhich tshall rremain in full shall in no aforce y eandany
effect.
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23 . Amendment. This Declaration may be amended by a
duly recorded instrument executed by not less than sixty six $ two thirds
66 (2/s) Percent of the Members. No amendment shall 'alter the
assessment lien or subordination provisions as to first
mortgagees without the prior approval of the mortgagee enjoying
sur'h protection. Declarant shall have the right at any time
within Five (5) Years from the date of its recordation to amend
this Declaration to correct scrivenor' s errors and to clarify. any
ambiguities determined to exist herein.
24 . Easement for Enforcement. The Association is
granted a►l easement over the property of each Owner for the
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purpose of enforcing the provisions of this Declaration, and may. •
go upon the property of the said Owner to remove or repair any
existing cause of a violation hereof. If the Owner, after
written notice by the Association to cure the violation fails to
do so, the Association shall have the right to cure such
violation, and all costs incident ' thereto, including court costs
and reasonable attorney's fees shall become the personal
obligation of the Owner and be lien against his Lot in the same
fashion as if said sums represented monies due for unpaid
assessments.
25 . Architectural Control. No building, fence, wall or
other structure shall be commenced, erected or maintained upon
the Property, nor shall any exterior addition to or change or
alteration therein be made until the plans and specifications
showing the nature, kind, shape, height, materials and location
of the same shall have been submitted to and approved inwriting
as to harmony of external design and' location' in relation to
surrounding structures and typography by the Board of Directors
of the Association, or by an architectural committee composed of
two ( 2) or•more representatives appointed by the Board; In the
event said Board or its designated committee fails to approve or
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disapprove such design and location within thirty (30) days after
said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been
fully complied with.
26 . No Defect of Title.. In the event that any Lot shall
encroach upon any of the common properties it shall not affect
the title of that Lot.
27. Common Area Maintenance. The Association shall own and
maintain all common areas for NOIT GEDACHT The
Association shall not be dissolved nor shall it dispose of any
Common Areas, by sale or otherwise (except to an organization conceived and organized to own and maintain the common areas)without first receiving approval from the Board of County
Commissioners for,P.Beach County, Florida. In the event the
Association (or any successor organization) fails at any time to
maintain the common areas in reasonable order and condition in.
accordance with the approved final development plan, then the
Board of County Commissioners for Martin County can serve written
notice by certified mail, return receipt requested, upon the
Association and upon each Owner within NOIT GEDACHT
which .notice shall set forth the manner in which the Association
has failed to maintain the common areas in reasonable order and
condition and shall demand that such failure be remedied within
Thirty (30) Days of the sending of such notice or in the
alternnhive that such Association appear before the Board at a
specified time, at least Ten '(10) Days, but not more than Thirty
(30) Days after the sending of such notice, either to contest the
alleged failure to maintain common areas or to show cause why it
cannot remedy such failure within the Thirty
such failure has not been remedied within the (Thirty 30) y(30)period. IfIf
period, or such longer period as the Board may have allowed, then
the Board, in order to preserve the taxable values of the real
pJ.uperty within the development and to prevent the common areas
from becoming a public nuisance, • it shall hold a public hearing .
to consider the advisability of the County entering upon such
common areas and maintaining them for a period of One (1) Year.
Notice of such hearing shall be sent certified mail, return
receipt requested, to the Association and •to each Owner ' within
NOIT GEDACHT and shall be published one time in a
newspaper of general circulation published in the County. Such matters shall be sent and published at least Fifteen (15) Days in •
advance of the hearing.. At such hearing, the Board may determine
that it is or is not advisable for the County to enter upon such coimuon• areas, taking possession of them and maintain them for One
( 1.) Year.p, Beach County shall be granted such right of entry,possession and maintenance, provided that the above procedures
• have been followed, and in such event, such entry, possession and
maintenance shall not constitute a trespass. However,, such •
entry, possession and maintenance shall not give the public any
right to use the common areas. The Board may,
hearing with notice given and published int lie same manner' as
above, return possession and maintenance of such common areas to '
time Association, or successor organization, abandon such
possession and maintenance, or continue such possession and
maintenance for additional One (1) Year periods. The cost of
maintenance by the County shall be assessed ratably against . the
properties within NOIT GEDACHT that have a right to
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enjoyment'of the common elements and shall become a charge or
lien on said properties, and such charge shall be paid by the
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owners of said property within Thirty (30) Days after receipt of
a statement therefor. All trees, shrubs , and groundcovers set
aside for preservation must not be altered without prior approval
from the Architectual Committee.
IN .WITNESS WHEREOF, we have set our hands and seals this
day of , 19 ,
BY:
RICHARD A. DEWITT
ATTEST:
(Corporate Seal)
STATE OF FLORIDA )
ss:
COUNTY OF PALM BEACH )
The foregoing Declaration of Covenants , Conditions and
Restrictions of NOIT GEDACHT , was acknowledged before me
this day of , 19 by
Notary Public-State of Florida
My Commission Expires:
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PARCEL 1:
A PARCEL OF LAND IN SECTION 36, TOWNSHIP 40 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: t
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36 , AFORESAID;
TIi.;HCF SOUTH 0° 25 ' 12" WEST, ALONG THE WEST LINE OF SAID
SECTION 36 ('TIE WEST LINE OF SAID SECTION 36 IS ASSUMED TO
DEAR SOUTH 0° 25 ' 12" WEST AND ALL OTHER BEARINGS ARE RELATIVE
THERETO) , A DISTANCE OF 11 . 65 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL; THENCE CON'['INUE SOUTH 0° 25 '
12" WEST ALONG SAID SECTION LINE, A DISTANCE OF 185. 0 FEET
TO A POINT; THENCE SOUTI! 89° '34 ' 48" EAST, DEPART'ING FROM
SAID SECTION L.[NE A DISTANCE OF 250. 0 FEET TO A POINT;
THENCE NORTH 30. 46 ' 24" EAST, A DISTANCE OF 2J4 . 39 FEET TO
A POINT; THENCE NORTH 89° 34 ' 48" WEST, A DISTANCE OF 358. 34
FEET TO THE POINT OF BEGINNING.
CONTAINING 1. 29 ACRES MORE OR LESS.
PARCEL 2: •
A PARCEL O1' LAND IN SECTION 36, TOWNUISIP 40 SOUTH, RANGE •
42
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36, AFORESAID,
THENCE SOUTH 0° 25 ' 1 2"(THE WEST, ALONG THESEC`I'lUN 36 ' � .� THEWEWESTLINE OF SAID
WEST LINE OF SAID SECTION 36 IS ASSUMED 'I'O
BEAR SOUTH 0° 25 ' 12" WEST AND ALL, OTHER BEARINGS ARE RELATIVE
THERETO) , A DISTANCE OF 196. 65 FEET TO THE POINT OF BEGINNING
O1' THE HEREIN DESCRI BED PARCEL; TIlENCE CONTINUE SOUTH 0° 25 '
12" WEST ALONG SAID WEST SECTION LINE, A DISTANCE OF 260. 0
FEET TO A POINT LYING IN THE (.'ENTER OF A CONCRETE BULKHEAD;
THENCE EASTERLY MEANDERING '!'11E CENTERLINE OF SAID CONCRETE
DULSIIEAD, A DISTANCE OF 133. 3 FEET, MORE OR LESS TO A POINT;
THENCE NORTH 30° 46 ' 24" EAST, A DISTANCE OF 247. 42 FEET TO A
POINT; 'I'IIENCE NORTH 89° 34 ' 48". WEST, A DISTANCE OF 250. 0 FEET
TO THE POINT OF BEGINNING.
CONTAINING 0. 99 ACRES MORE OR LESS.
SIJI3,IEC'T' TO ALL EASEMENTS, RESERVATIONS, RESTRICTIONS, AND
RIGHTS OF WAY.
ELEVATIONS AS SHOWN HEREON ARE BASED° • . . .
ON NATIONAL GEODETIC VERTICAL DATUM.
SI-Ioklu a3 gtcq• C. .4'
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. , AMENDMENT '
TO• . _ . -.
• , DECLARATION OF COVENANTS AND RESTRICTIONS
OF
NOIT GEDACHT
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This Amendment is made Jby Richard A. Dewitt
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' WHEREAS, Richard A. DeWitt . , as Declarant, executed
and 'caused. to be recorded the Declaration 'of . Covenants and
• Restrictions of NOIT GEDACHT , in Official Record Hook
, Page , Public Records of ' ' County, Florida; and,
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WHEREAS,' in 'Article "17" of ' the Declaration, Richard A.
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DeWitt reserved, 'unto himself the right to alter or
modify the terms of the Restrictive Covenants contained' in the V '
Declaration until sales have been closed on at least Three
(. 3) . lots in NOIT GEDACHT V V , and,
• V VW11fREAS,- Richard A.V DeWitt ' . has not closed on sales
• of at least three ( '5) loti , in NOIT GEDACHT
1 ,
NOW,, THEREFORE, in consideration of the, foregoing, Richard
A. DeWitt hereby make the following amendmentg to the '
• Declaration:
. V.
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• 1 . A new ARTICLE "287 is hereby added to the Declaration to
.1 read in its entirety as follows:
,
, • ' 28. , Uniform Use Restrictions'. ' '
, ' • • 28. 1 Vehicles. No trailers of any nature, camper:II-,
boats, motor cycles , bikes, ATVs, recreational vehicles, trucks
(other than four-wheel passenger automobiles) , vehicles With -a
commercial license, unserviceable vehicles ,or other similar
vehicles shall. be placed; parked or stored upon any portion of
the Property or any Lot, nor shall any maintenance or repair be
performed upon any boat, trailer• or motor vehicle of any nature,'
unless such placement, parking, storage or maintenance, as the
case may be, is 'within a building so that the same is totally ,removed of public view of any nature. No golf 'cart shall be parked or kept upon any portion: of the ' Property or any Lot,
except for in', an enclosed' garage or specially designed golf cart
shed, provided any such enclosure, is approved by. the Association
or the Committee in accordance with the, requirements. of this
Declaration. ' notwithstanding the foregoing restrictions of the
Paragraph, service and delivery vehicles may park on a temporary
basis during regular business hours, as the same may be needed to
' provided services or deliveries.
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28. 2 • Traffic Rules. All' parking' regulations and
trafffic regulations and safety rules from, lime to time posted or
promulgated by the Association shall be obeyed.
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28 . 3' Antennas: No 6xterior antenna or aerial of any
'kind may be erected or maintained anywhere on the Lots .unless
approved by 66 2/3 majority. • '
28. 4 • Weeds. No weeds, underbrush-or other unsightly
growths shall be V permitted upon 'the Lots . and no refuse pile or
unsightly objects ' shall.be; allowed to be placed or suffered to
remain anywhere 'thereon.' ' •
• 29 .5 Par_kk9,9 Areas. No parking stripes other than
• driveways nrepermi.tted except as Previously approved in writing
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by the Association• or Committee. •
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28 . 6 Pets . All pets and animals shall be restricted
to those animals generally considered as household pets, such as
dogs, cats or birds, and must be contained upon the premises of
respective Owners. Obnoxious animals such as cows, horses,
swine, goats, fowl, etc. , are specifically prohibited .
Notwithstanding the above provisions, no pets or animals which
constitute a danger or a nuisance to surrounding Owners shall he
kept upon the Lots . All pets must be on a leash while not on the
Owner's Lot. Owners shall immediately clean any animal waste.
28. 7 No Member' Control of BmpAyees . No Owner or
occupant of any dwelling may direct, supervise or in any manner
attempt to •assert control over the employees or agents of the
Association.
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28 . 0 Solicitation. There shall be no solicitation by
any person anywhere in the Properties for any cause, charity,
' any. purpose whatsoever unless specifically authorized b the
Board of Directors.
28 . 9 Insurance. Each Owner shall keep his dwelling
insured against damage from fire, windstorm and other ordinarily
insured casualties in an amount equal to the highest insurable
• value of the dwelling.
28. 10 Occupant. Occupancy of a Lot- or dwelling must
comply with all provision of Governing Documents.
20 . 11 Outside Lighting . Except as may be initially
• installed by Declarant, no spotlights, floodlights or similar
type high intensity lighting shall be placed or utilized upon any
Lot which in any way will allow light to be reflected on any
other Lot or the improvements thereon or upon any Common Areas or
any part thereof without the written authorization of the Board.
Other types of low intensity lighting which do not disturb the
Owners or other occupants of the Lots shall be allowed with the
approval of the Association or Committee.
28. 12 Conunercial Activities. No 'commercial activity shall b ce oiiiiucted' on the Lots, except the
construction of improvements or the maintenance of sales offices
or models by Declarant on a Lot for sale of dwellings in the
ordinary course of business.
28 . 13 Re aintina. No exterior of a dwelling or fence'
shall be repainted n a color which is different from the
previous color without prior approval: of the Association.
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• 28.14 Subdivision. No Lot shall be subdivided.
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28.15 Reconstruction. In the event any dwelling is
destroyed or removed by or for any cause, it shall, if replaced,
be replaced with a dwelling of similar size and type.
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2. Except as amended above, the Declaration of Covenants
and Restrictions is ratified and' confirmed.
IN WITNESS WHEREOF " Richard A: DeWitt. '
. . . ... : , has caused
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this Amendment to be signed this day of , 19
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ATTEST:
Richard A. DeWitt
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STATE OF FLORIDA • ' )
S.S.
COUNTY, OF PALM BEACH )
The foregoing was acknowledged before me by •
this day of December, 1989 .
Notary Public
.. (NOTARY SEAL) ' My Commission Expires: