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HomeMy WebLinkAboutHandouts_Regular_Tab 07_07/09/2009Raoord and return to: lrcla7. white, I3sq. Corbett and white, P.~4. i i i t Hypoluxo Road, Suite 207 I.acMan2~, FL 33462 DEC'ZARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RES~'RICTX"VE COVENANT (the "Declaration"} is voluntarily cntesed into this ?``-`'day of~~~~ 209 by IhiDECO, LLC, a Florida Limited Liability Company, whose address is 99 orth Cypress Drive, Toquesta, Florida 33469 ("Aeclaxant"). A. Declarant is the fee simple owner of certain real property tocatad at 4534 and 4546 Cosuuty Line Road, Tequesta, Palm Beach County, Florida, as more particularly descxibed ire Eahiblt Aa attached hereto sud made part hereof (the "Propeity'~. B. Declarant ir~tertds to devalop the Property in accordance with this Declaration as an adult izving facility {"ALF"} of 96 units in a two (2) stoary building end in connection therewith is ireque~ng a zoning designation of R 2 and a spacial excegtian pecmittirtg ttxe ALF. C. The R 2 designation would potentially permit the development of 96 dwelling units. D. Declarant deems it des~irablc and iun the best interest of ail present and firture owners of the Property and the Village of Tequesta, that the Property be bald subJ+xt to certain restrictions, all of which axe more particularly hcreiaa~r s~ forth. NOW, THEREFORE, for good and valuable cvn~deratlon, the mutual receipt and sufficiency of which is hereby acknowledged by tb~e sutdersigned, Declarant agrees as follows: 1. 'i'he foregoing recitals are tray and oorx+act and sre irxcazpoxetad bereua by Ge. 2. Declatasxt hereby imposes an the Property the following restrictions: a. Declarant hereby voluBtarily restricts the development of the Property to an ALF with a mexunum of two (2} stories ixt bight euad a uas~imsxm of 96 units and subject to auy r~uired governmental a~ovals. b. Frovid~ed the Property is zoned R-2, should Declanant fail fear saty reason to develop the Pmperiy as atx ALF pursuant to the R-2 designation and special exception, t)ze Dxlaraat hereby voluntarily re~ricts the Property to a maximum 4f SQ dwelling smuts and a maximum height of two {2} st~rri::es. ~ `7 h e~.nc~v~,t- d tied rt%S-~c1, a-, 3. Tt is the iaortention of Ikclarant that the restrictions contained iri this Declaration shall touch sad concern the Property, runt with the land and with the title to the Pxoperty, and shall apply to and be bir~di~ upoaa and is inure to the benefit of the successors and assigns of Declarant and tv the Village of Tequesta, its successors etid assi.~as, and to any and all parties hereafter having any right title or iater+est is the Pmperry or arty part thereof, The Village of Tequesta, its successors or assigns may enforce the temps and conditions of this Declairatian by injuntctive relief aad other appmpriate available legal remedies. Any forbearaac~ on behalf of the Village of Tequesta to exercise its right irr tb~e event of a faillue of Declarant, its sucxessors or assigns to comply with the provisions of this Declaration shall rmt be deemed ar construed to be a waiver of Cite Village of Tequestass rights hereuntder. This Declaration shalt ccmtinue in perpetuity, unless modified in writing by Declarants its successors or assigns sad the Village of Tequesta, its successors sad assigns as provided in Paragraph 5 hereof These restrictions may also be enforced is a court of competent jurisdiction by any other person, firms corporation ar gavez~ame~at agency that is substa~atially benefited by this restriction. 4. In order to ensure the perpetual nature of these nsstxic#iorrs, the Village of Tequesta shall record this Desclaxatian at the Declarant's cost and eacperrse. D~larant, its successors and assigns, shall refereuoe these reatiactions is any subsequent deed of cvztveyairce, including the recording beak and page of zecaxd of this peclaratioa; provided, however, ff said refea+ence is for some reason. oadtted, it shall be deemed to be included by virtue of the recording of this Declaration and it shall continue to be binding upon any such ,grarrtee ire the same tnanrier as if the reference to this Declaration had been included in said deed. 5. This Declaration is biadiag until a release of covenant is executed by the Village of Tequesta and Declarant, or its successors or assigns and is recorded in. the public records of Palm Beach Caimty, Florida. This Declaration may be modified in writ;tng only. Any subsequent .went must be executed by both Declarant, its successors or assigns, and the Vr7lage of Tequesta, its successors or assigns and be recorded by Declarant, its successors ox assigns as an ~t hereto. Any release of covenant or amextdtaerrt of this Declaration by the Village of Te~uesta may occur only after a majority vote of the Village Council aartborizang such release of covenantor amcadmeat. b. If any provision of this Deciaraticm is held m be im~al.id by any court of conrpe~ut jurisdiction, the invalidity of such provision shall pert affect the validity of any other provisions thereof. All such other pmvisions shall coatinwt: unimpaired in full force and effect 7. Declarant coveaarrts and npnesents that on the day of eaecutivm of this 138claratiort that Declarant is seized of the Property in fee simtple ar~d has good right to create, establish and im~se this restrictive covenant an the u~ of the Property. [END OF PAGE; CC~1TlNil]~D WITH SIGNATURES UN Tf~ NEXT PAGE] 2 WITNESS WHF.,~EOF, Deciaramt has cxecuted this instnzment, this ~~ day of ,zoos. INDECO, LLC, a Florida iiaeited iiabi~ity company ~i~'I`IESSES: N - ~~ .Qy~/rC.43S~! ~~ ~- Name: ~.-._ trc..~ i 1dn,~~ - - STATE OF FL A COUNTY Ci~~S„~"'~~. By: Indeco, Inc., i $y; N Andre R Bourassa, Presidcrtt {eoR.r, oRA.TE sF.AZ.~ I HEREBX CERTIFY that on this day, before me, an officer duly autbori~ed in tbme State aforesaid and is the County aforesaid to take acknowledgraants, personally appeared Andre R Boutassa, as Presidcat of Indeco, Inc., Manager of Indeco, LI.C, om behalf of lndeca, LLC, to me known is be the po~rson dcscribed herein and who executed the foregoing, and acknowledged before xas thax he executed same. He is [~ pez~sox~ally known to me or j ]has prod~ed as identification. ~T3!TI~SS my hand and official seal in the County and State ia$t aforesaid tl~uis '1`~ day of c,.,l zQpg, (NOTARIAL STAMP) ~~~ Notary Public iaiy Co~amission Exp' $~~~ ~ -~... EJCN l B t T " d" LEGAL DESGRIPTIG~ A PApCEI OF LAND LYING tN SECTION 25. TDi1NSH1P dQ SOUTH, RANGE 42 EAST. RALM l~EACH COUNTY. FLOP 4 t)p, MORE PARTICULARLY ~Ot'SGR I BEO AS FOLLOWS: 8E61N AT THE NORTHER&T CORNER OF THE NORTHWEST QUARTER OF SAtD SECTION 25; THENCE N89.42'25•E ALONG THE NORTH LINE flF THE NORTHEAST pUARTEa OF SAID SECTION 25. 420.04 FEET TO THE INTERSECTIQN WITH A LINE b20.OO FEET EAST OF AND PARALLEL TO THE EAST LINE OF 5At0 NORTHWEST QUARTER; THENCE 50fl' 26' fl7" E ALONG SA I 0 PARALLEL L I NE, 550. 05 FEET TO THE INTERSECT{DN WiTH THE NORTH LINE OF THE PLAT flF RIVERSIQE OAKS REPLAt. A5 RECOADEO IN PLAT BOOK 99 RAGE 3, }sUBLIC RECt1RDS OF PALM BEACH COUNTY, FLOR 1 OA: THENCE N89° 5'T' 25' W ALOMt3 SA 10 NORTH L t NE, 7Q0. 03 FEET TO THE INTERSECTION WITH THE EAST L1(~ 01= THE PLAT OF JUPITER RtOGE. AS RECORDED iN PLAT BOOK 26. PAt3E 106. PUBLIC RECORDS OF PALM BEACH COUNTY.. FLOR 1 DA; THENCE N00.28' O7° W ALONG SA i fl EAST L i NE, 552.98 FEET TO THE tNTERSECTiDN WITH THE NORTH LINE t1F SA10 NORTFIMIEST ©UARTER OF SECTION 25; THENCE 5139' d3' S8• E ,ALONG SA i D NORTH L 1 NE, SS, OO FEET: THENCE S00' 28' 03" E, 140. Di FEET: THENCE S89' d3' SB' E, 65. O i FEET; THENCE 500.28' OT E. 50. 00 FEET: THENCE SB9° 43'58" E, 190. Qi FEET 70 THE I NTER- SECTiON WITH THE EAST LINE OF SAiD NORTHWEST t#UARTER OF SECTION 25; THENCE NOO.28' OT N. i9O. O2 FEET TO THE P41 NT OF BEG i NN I NG. CONTA 1 N I NG 3de. dt35 fiaUARE FEET OR 8. aaD ACRES. MOpE OR LESS. DAI L,E~I' SURYEY{NG 6 MAPPING ii2 N. U. S. H 18HWAY No, T$QUESTA. FLORIDA 33d69 PHONE: (*~6i1 7A8-8d2d BUStNESS LlGENSE: LB+ 27 DATE: OCTOBER i7, 2009 SHEET f OF 2 J08 NO.: 87-41745 SKETCH aF LEGAL DESCR t PT 10th ~ rH ~ s r s Mo r a suA v,~ r~ N Pfl ! fVr of BEG ! 1'~t1V ! MG NE CORNEA OF NW 1/d OF SCALE: i• lid' ~ SECT I l]N 25. TNP A05, RNG 42E $89t~.3'~8~~ I PALM 86ACH COUNTY. BRASS DISC S5. DO' i Q CovNTYL t NE' RQAo N. L N E Nw A / d DF SECT t On 25 S89` 43' 5@° E ~! 5. Q S89.42' 25• E 49~ 04' SODS 28' 07~ E ~ ` N. L ! NE of NE ~ /d OF SECTION t 40. 03' o N ~i2 S89°~3'S8'E m°. Q ~5. os' a o o -~ ., o n a w fi3 ~ z E LINE Dt= Nw i/4 SECTlQN 25 '° n sov~ 28' or E ~ 50. D~?' 6d S89• ~3' S8' E h ;~ f 50. Oi 0 65 Q 66 67 £ LtNE OF JUPITER gtOGE w o ~ m a o N L I NE OF R 1 VERB i D6 t7AtC5 R£PLA~' N89'5T' 25i M T00 03' 15 16 47 ~8 39 2D 2i ~4 19! YERSlDE DAKS AEPLA T (PLAT BDDK 99. PAGE 31 ~~~ ~~ ' SURVEYING E MAPPlN6 ~TEOlN1ESTA s FlN.tip i oA 33x69 i L. ~t3fESS t pN SURV£YC1 AND iwAPPER PHONE- (561;1 7d6-6d2d _ORiDA 6iS3AkTtON NO.: 2439 8U51NE55 LICEN5E: LBO 2799 DATE: OCTOl3Eq i7. 2008 SHEET 2 OF 2 Jt78 NO.: $7--41745