HomeMy WebLinkAboutAgreement_General_07/07/2009i r~~~~~~~~~~~~~rr~~~i
Record and return to:
Tre .White, Esq.
d White, P.A.
luxo Road, Suite 207
1x7.33462
-t~~
CFN 20090278-~t97
OR BK 23391 FAG 172 3
RECORDfiD (18/19/2(10! 09;5:50
Paln Beach County, Florida
Sharon R. Bock, CLERK b CIBlP78011.fiR
Pgs 1723 - 1727; t5pgs)
`'' DECLARATION OF RESTRICTIVE COVENANT
C~ ~
3~ DECLARATION OF RESTRICTIVE COVENANT (the "Declaration",} is
voluntarily ed into this '~~day of 2009 by 1NDEC0, LLC, a Florida Limited
Liability C y, whose address is 9~~ Cypress Drive, Tequesta, Florida 33469
("Declarant'. ; ~~
~~
ti RECITALS
A. Decl ~~ the fee simple owner of certain real .p%perty located at 4534 and 4546
County Line Road, T `~~ Palm Beach County, Florida, as more particularly described in
Exhibit A, attached her~~{d made part hereof (the "Property").
B. Declarant CC~~ _L`}~ develop the Property in accordance with this Declaration as
an adult living facility ("A-~it of 96 units in a two (2) story building and in connection
therewith is requesting atoning`-~ation of R-2 and a special exception permitting the ALF.
C. The R-2 designationuld potentially permit the development of 96 dwelling
units.
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D. Declarant deems it d ~ ~ and in the best interest of all present and future
owners of the Property and the Villag ~ uesta, that the Property be held subject to certain
restrictions, all of which are more pazticulazly hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the mutual receipt and
sufficiency of which is hereby acknowledged by the undersigned, Declarant agrees as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
zeference;
Declarant hereby imposes on the Property the following restrictions:
a. Declarant hereby voluntarily restricts the development of the Property to an
ALF with a maximum of two (2) stories in height and a maximum of 96 units and subject to any
required governmental approvals.
b. Provided the Property is caned R 2, should Declarant fail for any reason to
develop the Property as an ALF pursuant to the R-2 designation and special exception, the
Declarant hereby voluntarily restricts the Property to a maximum of 50 dwelling units and a
maximum height of two (2) stories.
Book23391/Page1723 Page 1 of 5
3. It is the intention of Declarant that the restrictions contained in this Declaration
~~uch and concern the Property, run with the land and with the title to the Property, and
ly to and be binding upon and in inure to the benefit of the successors and assigns of
D~~ and to the Village of Tequesta, its successors and assigns, and to any and all parties
hen having any right title or interest in the Property or any part thereof. The Village of
Tequ~ta, its, successors or assigns may enforce the terms and conditions of this Declaration by
injuncti~~ of and other appropriate available legal remedies. Any forbearance on behalf of the
Village ,j - equesta to exercise its right in the event of a failure of Declarant, its successors or
assigns to ~ ly with the provisions of this Declaration shall not be deemed or construed to be
a waiver o Village of Tequesta's rights hereunder. This Declaration shall continue in
perpetuity, - odified in writing by Declarant, its successors or assigns and the Village of
Tequesta, its ~ rs and assigns as provided in Paragraph 5 hereof. These restrictions may
also be enforced ~ court of competent jurisdiction by any other person, firm, corporation or
government agency tJ~t; is substantially benefited by this restriction.
4. In order`~~sure the perpetual nature of these restrictions, the Village of Tequesta
shall record this Decl ~ the Declarant's cost and expense. Declarant, its successors and
assigns, shall reference ~zestrictions in any subsequent deed of conveyance, including the
recording book and page o ~ ` `' of this Declaration; provided, however, if said reference is for
some reason omitted, it sh~t~% deemed to be included by virtue of the recording of this
Declaration and it shall contint~ binding upon any such grantee in the same manner as if
the reference to this Declaration ~~d included in said deed.
F !~
5. This Declaration is b `" ~' until a release of covenant is executed by the Village
of Tequesta and Declarant, or its su ~ or assigns and is recorded in the public records of
Palm Beach County, Florida. This D n may be modified in writing only. Any subsequent
amendment must be executed by botrant, its successors or assigns, and the Village of
Tequesta, its successors or assigns and be recorded by Declarant, its successors or assigns as an
amendment hereto. Any release of covenant or amendment of this Declaration by the Village of
Tequesta may occur only a.$er a majority vote of the Village Council authorizing such release of
covenant or amendment.
6. If any provision of this Declaration is held to be invalid by any court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of any other provisions
thereof. All such other provisions shall continue unimpaired in full force and effect.
7: Declarant covenants and represents that on the day of execution of this Declaration
that Declarant is seized of the Property in fee simple and has good right to create, establish and
impose this restrictive covenant on the use of the Property.
[END OF PAGE; CONTINUED WITH SIGNATURES ON THE NEXT PAGE]
2
Book23391 /Page 1724
Page 2 of 5
WITNESS WHEREOF, Declarant has executed this instnunent, this _~ day of
- 2009.
0
.~
-r r INDECO, LLC, a Florida limited liability
``,;.
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rti;rs
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WITNESSES==
company
By: Indeco, Inc., i er
By: N -
Andre R. Bourassa, President
(CORPORATE SEAL)
Name:
STATE OF
COUNTY(
v`
~1
2''
~~
I HEREBY CERTIFY that on y, before me, an officer duly authorized in the State
aforesaid and in the County aforesai e acknowledgments, personally appeared Andre R.
Bourassa, as President of Indeco, Inc., l~i~r of Indeco, LLC, on behalf of Indeco, LLC, to me
known to be the person described herein and who executed the foregoing, and acknowledged
before me that he executed same. He is [~ personally known to me or [ ]has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this 'lam
day of ~~..1 --° 2009.
(NOTARIAL STAMP)
ADD T
a~e~rroyar~ouoo~es~oa
Book23391/Page1725
Notary Public
My Commission Exp' s: gl~l I-z
3
Page 3 of 5
EXHJBIT "A"
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` r~~ LEGAL DESCR J P T J ON
A PARCEL 0~'CAND LYING IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST,
PALN BEACH C~(TY, FLORIDA, MORE PARTICUTARIY DESCRIBED AS FOLLOWS:
BEGIN AT THE HEAST CORNEA OF THE NORTHWEST QUARTER OF SAID
SECTION 25; T N89°42'25°E ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAI TvTION 25, 420.04 FEET TO THE INTERSECTION WITH A LINE
420.00 FEET EA5 ~71N0 PARALLEL TO THE EAST LINE OF SAID NORTHWEST
QUARTER; THENCE ~8' 07' E ALONG SA I D PARALLEL L I NE. 550. 05 FEET TO
THE INTERSECTION '~~{ SHE NORTH LfNE OF THE PLAT OF RIVERSIDE OAKS
REPEAT, AS RECORD :;1dV PLAT BOOK 99. PAGE 3, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLOR >` THENCE N89° 57' 25' W ALONG SA 1 D NORTH L I NE. 700. 03
FEET TO THE INTERSE ITH TWE EAST LINE OF THE PLAT OF JUPITER
A I DGE, AS RECORDED ! ~P`~ BOOK 26, PAGE 106, PURL I C RECORDS OF PALM
BEACN COUNTY,. FLORIDA," HENCE N00° 28' 07' W ALONG SA I D EAST L 1 NE. 552. 98
FEET TO THE INTERSECTIO -~ TH THE NORTH LINE OF SAID NORTHWEST QUARTER
OF SECTION 25; THENCE S ~ °•'~13' 58° E ALONG SA I D NORTH L I NE, 65. 00 FEET:
THENCE S00.28' 07° E, 140. ~ ~ EET; THENCE S89° 43' 58° E, 65. 01 FEET; THENCE
S00° 28' 07' E, 50. 00 FEET; CE S89° 43' 58' E, 150. O1 FEET TO THE t NTER-
SECTION WITH THE EAST EI SAID NORTHWEST QUARTER OF SECTION 25:
THENCE N00° 28' 07° W, 190. 0 TO THE POINT OF BEGINNING.
CONTAINING 348, 485 SQUARE F'EEl`~R B. 000 ACRES, MORE OR LESS.
DAI L°~Y
AND A880CLATRA i1ij~
SURVEYING 6 MAPPING
i i 2 N. U. S. H I GHWAY No. i
TEOUESTA, FLORIDA 33469
PHONE: (561 746-8424
BUSINESS LICENSE: L8+ 279
DATE: OCTOBER !7, 2008 SHEET i OF 2 JOB NO.: 87-41745
Book23391/Page1726 Page 4 of 5
SKETCH OF LEGAL DESCR i PT I ON
(tH I S I S NOT A SURVEYI
N ~ POINT OF BEGINNING
NE CORNER OF NW i/A OF
SC ~• - i!0' I SECTION 25, TWP 40S, RNG 42E
S89 58" E i PALN BEACIt COUNTY, BRASS 01 SC
6 ` `d~1' I
N. LINE NW i!4 OF SECTION 25 ~ COUNTYL t NE AOAD
89° 43' 58" E 215.0 S89' 42' 25' E 420. 04'
y~ 00~~18~ Q~'" E' h ` N. LINE OF NE i /4 OF SECT ! ON
% ! 0. 0!' o cy
62 {9° 43' 58" E m
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a
a 63 Of ~ ~, E LINE OF NW i/4 SECTION 25
N ~ S00.28'07`~f s~`''
o ~ 50.00' ~%;; ~ r
m 64 3 S 58 E
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a o
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a ~,^l
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-° a`!~
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Q E LINE OF JUPITER RIDGE
66
.7 N LINE OF RIVERSIDE OAKS REPEAT
67 N89.57' 25' M 700. 03'
S5 16 17 t8 l9 20 2i
14
RIVERSIDE OAKS REPLA T
[PLAT 800K 99, PAGE 3)
~urt55~UN SURVEYOR AND MAPPER
FOR I DA G 1 STRA-T i ON N0.: 2439
,~~.~~
DATE: OCTOBER !7, 2008. SHEET 2 OF 2
Book23391/Page1727
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DAI L.~Y
ANDASBOCIAT$$.INC.
SURVEYING 6 MAPPING
i i2 N. U. S. HIGHWAY Na. i
TEOUESTA, FLORIDA 33469
PHONE: (561) 746-8424
BUSINESS LICENSE: LB• 279
JOB NO.: 87-41745
Page 5 of 5