HomeMy WebLinkAboutResolution_36-94/95_09/28/1995 • RESOLUTION NO. 36 -94/95
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING THE DECLARATION OF
RESTRICTIVE COVENANTS ATTACHED HERETO.
WHEREAS, pursuant to Ordinance No. 494, a special easement has
been established within the rights -of -way of Country Club Drive in
regard to the property described in Exhibit "A attached hereto;
and
WHEREAS, pursuant to Ordinance No. 494, the Village Council
has authorized the recording of a Declaration of Restrictive
Covenants.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
• Section 1. The Village Council hereby approves the
Declaration of Restrictive Covenants attached hereto as Exhibit "B"
and incorporates same into this Resolution as if fully set forth
herein.
Section 2. The Village Council further authorizes the
recording of the Declaration of Restrictive Covenants pursuant to
the direction of Ordinance No. 494.
Section 3. This Resolution shall become effective
immediately upon passage.
THE FOREGOING RESOLUTION was offered by Councilmember
Hansen who moved its adoption. The Resolution
was seconded by Councilmember Burckart and upon
being put to a vote, the vote was as follows:
•
FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Joseph N. Capretta
Ron T. Mackail
Carl C. Hansen
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
Adbpted this 28th day of September , 1995.
MAYOR OF TEQUESTA
6
'y --c Ron T Mackail
ATTEST:
Vkllage Clerk
JCR \13153- 01 \RESOLUTI.CCD
• 2
EXHIBIT "A"
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Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26,
Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida
being more particularly described as follows:
A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet
of Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country
Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page
7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip
beginning at its' intersection with the Easterly extension of the North Right-of-Way line of
El Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown
on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of
said Section 26, (same line also being the line between said Palm Beach County and
Martin County) and the said Southerly Right-of-Way line of Country Club Drive.
TOGETHER WITH:
A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet
of said Country Club Drive Right-of-Way as shown on the said "PLAT OF TEQUESTA",
also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1' as recorded in Plat
Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA
TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public
Records, and also shown on the plat of "COUNTRY CLUB POINT as recorded in Plat
Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at
its' intersection with the Westerly extension of the North Right-of-Way line of said
Tequesta Drive (same line also being the South line of Block A as shown-on said "PLAT
OF BERMUDA TERRACE, SECTION 1") and terminating at the intersection of the said
North line of Section 26 and the said Northerly Right-of-Way line of Country Club Drive.
The side lines of the said two 15.00 foot wide strips of land being lengthened or
shortened so as to form two continuous strips of land.
L Ai l l b 1 1 li'
PREPARE BY/RECORD AND RETURN TO:
PETER S. HOLTON, ESQUIRE
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Bo 3475
West Palm Bea , Florida 33402-3475
WILL CALL #85 OC i —17-1?15 7,3ai,c 95-333484
ORE 8 961 P9 1 189
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DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS is executed this
4th, day of October, 1995 , by the Village of Tequesta, a municipal
corporation (the "Village of Tequesta") .
A. The Village of Tequesta is a municipal corporation formed
under the laws of the State of Florida.
B. Country Club Drive is a road dedicated to the use of the
public all or portions of which are located within the limits of
the Village of Tequesta and over which the Village of Tequesta has
jurisdiction.
C. Village of Tequesta recently amended it Comprehensive
Land Use Plan in order to reduce the level of service on Country
Club Drive within the Village of Tequesta so as to provide for an
acceptable level of traffic in the residential neighborhoods
contiguous to said roadway.
D. In the exercise of its police power and in order to
properly regulate and control the use of those portions of the
Right-of-Way of Country Club Drive located within the limits of the
Village of Tequesta and described on Exhibit "A" hereto (the
portions of the Right-of-Way of Country Club Drive described on
Exhibit "A" hereto are hereinafter collectively called the
"Restricted Right-of-Way") , the Village of Tequesta adopted
Ordinance No. 494 (the "Ordinance") .
E. The Ordinance restricted the use of the Restricted Right-
of-Way to certain uses specified in the Ordinance and directed the
Village of Tequesta to cause to be recorded in the public records
of Palm Beach County, Florida, this Declaration of Restrictive
Covenants.
NOW THEREFORE, the Village of Tequesta hereby imposes the
following covenants on the Restricted Right-of-Way.
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1 . Except as set forth in paragraph 2 . hereof, the
Restricted Right-of-Way shall hereinafter be used exclusively for
the installation, repair, maintenance and replacement of
landscaping, treescapes, signage, irrigation systems and
facilities, drainage structures including swales, culverts and
grates, driveways, bikeways, pathways, sidewalks, curbing, parking,
utility systems and structures and facilities related to any of the
foregoing, and for access to and from the remainder of the Right-
of-Way of Country Club Drive, and for all other uses and purposes
incident to, or necessary for the full enjoyment of the uses
previously listed.
2 . Notwithstanding the restrictions placed on the use
of the Restricted Right-of-Way under paragraph 1. hereof, where
traffic design techniques are currently used and the resulting
traffic structures effect portions of the Restricted Right-of-Way
(such as expanded intersections and cul-de-sacs) , or where traffic
design techniques (other than techniques to construct roadway lanes
in the Restricted Right-of-Way which are not constructed in
connection with improvements to an intersection or the construction
of a cul-de-sac or roundabout) approved and adopted by the Village
of Tequesta in the future result in traffic structures which effect
portions of the Restricted Right-of-Way, the uses of the Restricted
Right-of-Way permitted under paragraph 1. hereof shall include
those specified traffic design techniques and the resulting traffic
structures. It is the intent of this paragraph that the Restricted
Right-of-Way shall not be used for additional roadway lanes except
in connection with improvements to an intersection or the
construction of a cul-de-sac, roundabout or traffic circle.
3 . Nothing contained in this Declaration shall be
construed: (i) as obligating the Village of Tequesta to make any
improvements to all or any portion of the Restricted Right-of-Way,
or (ii) as limiting the access of properties (including cross
streets and other public rights-of-ways) abutting the dedicated
Right-of-Way of Country Club Drive to and from such dedicated
Right-of-Way.
4 . The restrictions set forth in this Declaration of
Restrictive Covenants shall run with and bind the Restricted Right-
Of-Way until December 31, 2024 , after which time this Declaration
and the covenants and restrictions hereby imposed shall be
automatically extended for successive periods of ten (10) years
unless the Village of Tequesta shall execute and cause to be
recorded in the public records of Palm Beach County, Florida, a
Notice which terminates this Declaration of Restrictive Covenants.
Signed, Sealed and Delivered
in the Presence of Village of Tequesta, a
municipal corporation
By: 4
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1995, by j.. , as
of the Village of Tequesta, a municipal
corpora on, on behalf of the municipal corporation. He/She is
personally known to me or has produced a driver's license as
identification.
•
(NO'i'ARY SEAL)
N ary Public-
r�z �'% . Print Name: TOANu MA►a G-A m i e trt-o
_ �• - ' ,t ;a My Commission Expires:
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�bQabeY.28'r,:1995 NOTARY PUBLIC, ST.'TE OF FLORIDA.
MY COMMISSION EXPIRES: Dec ?_. I99S.
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