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HomeMy WebLinkAboutProperty_Other_10/04/1995 JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS ( of'Tec�uesta FLAGLER CENTER TOWER ry 505 SOUTH FLAGLER DRIVE ' ELEVENTH FLOOR � �+-r q,- '� LARRY 8. ALEXANDER MICHAEL T. KRANZ �' �� � � 7 1g�� ; HEN F�' F. LILIENTHAL CAF7L ANGELOFF JOHN BLAIR McCRACKEN WEST PALM BEACH FLORIDA 33401 �� - 'hsoz STEPHENJ.AUCAMP SCOTT L McMULLEN M. TqACEY BIAGIO771 DAVID PRA77 P. O. BOX 3475 HARRY A�LISON JOHNSTON � CLAY C. BROOKER ,IOHN C. RANDOLPH ,r� rp. ^ �}� �E95-1983 JOYCE A. CONWAV sreveN �. aorHMnN WEST PALM BEACH, FLORIDA 33402-3475 � Vl��a�� MaI�,�.?JCr�� >j lll�.,iR. 9RUCE JONES MAPGARET L COOPER PETER A. SACHS ,��� �J �, t966 EDWARD DIAZ D. CULVER SMITH m (407) 659-3000 pAUL C. WOLFE REBECCA G. DOANE SIDNEY A. STUBBS FAX: (407) 832-1454 CHRISTOPHER S. DUKE ALLEN R. TOMLINSON 7933-7997 SCOTT G. HAWKINS JOHN S. TRIMPER THORNTON M. HENRY MICHAEL P. WALSH RETIRED PETER S. HOLTON BRIAN K. WAXMAN WILLIAM A. FOSTER MARK6.KLEINFELD H.ADAMSWEAVER WRITER'SDIRECTLINE: 650-0462 OFCOUNSEL L. MARTIN FLANAGAN October 24, 1995 G�+RmIFT�p Nra�Tr. RETURN-RECEIPT REQUESTED Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Villaae of Tequesta - Country Club Drive Dear Tom: Enclosed herewith is the original Declaration of Restrictive Covenants recorded in connection with Country Club Drive. If you have any questions, please let me know. Very trul ouurs, JONES, FOS ER, JOHNSTON & STUBBS, P.A. .�-����"�--� ���- Peter S. Holton Enclosure � psh\13153-1\bradford.01 � PREPARE BY/RECORD AND RETURN TO: PETER S. HOLTON, ESQUIRE Jones, Foster, Johnston & Stubbs, P.A. Post Office Box�3475 West Palm Bea�1z, Florida 33402-3475 � f � - - - '-_ .�• = . _._ � � = �=a- t�'�s WILL CALL #85 `�' � '� ; +�' ' `�-'`�'`; -� r � .,� �. _ i= . ;._ '...: ' ]C3� .: :: �:.. . _ _.�.e:. .'. ..:�. .. ... DECLA,RATION 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. � ', - 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 �ff�ct port�or.s of tre Restrict�d Right-cf-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 Yestrictions set forth in this Declaration of Restrictive Covenants shall run with and bind the RestricLed Righi- 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 /-,. �--✓ /�`�. ���G-�-z��--.. L ,� BY: � , .����% Pr ' nt Name : ri D�r! S G. (3 �� i� �� 2. 4� Print Name : (� C� V� - ti.��; � ti;1 y: `_ �� ,��� Its : Y�/I 14 � O �Z_ �i / Print Na e: e� � ��'zZG ;� ' - - �= � --- _ - _ �-� '- � - STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) � The foregoing instrument was acknowledged before me this 5� .- day of %" � v , 1995, by ,e�_ j . -� .�� �, � as �a..� 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. (NC7TARY SEAL) : �__ 4A �,� � oO� • Nd'tary Public Pr :rt r:a��ne: To�uu Mftt.; G t.� � E LLo : My Commission Expires: _ � =, � = :: � �C /6 9 77 S P;iH�sbg\� j15�3 '1\Declaratn ;e��tember 28, 1995 YV03'R.R:' 7 x: _ A�il' COibINt - . rr._... '.�)5. __ $ONDE� THRJ il(? ?IIEF:' r {,� ,^ , nc��, �ps, � � � � ' -� � EXHIBIT "A" � _ Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26, Township 4Q South, Range 42 East, Village of Tequesta, Paim Beach County, Florida being more particularly described as follows: A 15.00 foot wide strip of (and being the Westerly, Southwesterly and Southerly 15.00 feet of Tequesta Drive Right-of-Way (now known as and hereinafter referred fo as Counfry . �lub Drive) as s;�o« Oil fh6 "�[_..^,T Or= TEQUCST�" as recorded in Plat Book 25, Page 7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide sfrip beginning at its' intersection with the Easferly extension of the North Right-of-Way line of E( Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown on said "PLAT OF TEQUESTA" and terminafing at the intersection of the Norfh line of said Section 26, (same line also being the line between said Palm Beach County and Ma�fin 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 Nor�herly 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 SECTfON 3" as recorded in Plat Book 25, Page 198 of the said Public Records, and also shown on the plat of "COUNTRY CLUB POlNT" as recorded in Plat Book 27, Page 112 of the said Pub(ic 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 Nortf; line of Secfion 26 and Yhe said Northerly Righf-of-Way line of Country Club Drive. The side lines of the said two 15.Q0 foot wide strips of land being lengthened or shorfened so as to form two continuous strips of land.