HomeMy WebLinkAboutProperty_Other_10/04/1995 (2) ,� -
�
PREPARE BY/RECORD AND RETURN TO:
PETER S. HOLTON, ESQUIRE
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Bo� 3475
West Palm Bea�Y�., Florida 33402-3475
� f ._._ . __ _ _ _ --- ,.
WILL CALL #85 , �, t _ :_� ` � , .�, �.._..�� :.:.�.��
, r �,. �. r
_ _ _.
_. x � :. .
_ -: ;�_ _. ,. . _ - -_ ._
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-�day.
�
', -
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
forec�oing, and for access to and from the remainder of the Right-
of-W�y 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 str�.:ctures �ff�ct por�� er_s of t�:e Restricted Right-ef-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. Ths restrictions set forth in this Declaration of
Restrictive Covenants shall run with and bind the Restricied �igh�-
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
r � municipal corporation
� i
� ��--�vrG�—� /`� %���-ti�'� By: �� . ����
Pr ' nt Name :(� D �%'1 S C32s� � r� 2. � Pr int Name :� (� c� YJ ��, ��'�; i`� �;1' "
� ' • Its : YY1 � o ,2
��, :
Print Na e: g� �, ir ,ZZC
•� �
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
.�ersonallY_known to me or has produced a driver's license as
identification.
( NO'I'ARY � EAL ) �'1�_ _..�A_`��� .� .0 o ��
- - Nc�ltary Public�f
Pr� rt r:a��tP: Tor�xu t�c�r.! G-��s t. G ���
My Commission Expires:
�', _ = = �C�C/697%S
PiiH��bq\"' 315 1:\Declaratn
;et�tember" 2L�, 1995 IVO'TRR � -
� cor�r� - � .�,
_ $ONDE� THRJ tiC^ [ � iFv i - >' ��; p3.
�
�
--�
� � .
..
EXHIBIT "A" ,
, � � _ - .;. - -
� — � rrc �� - _'" r. - ---. ..li—.r:,; ��
� . _ ... .....�. • � — — - �,S �rs � �y - �
�
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, Palm Beach County, Fforida
being more particularly described as foilows:
A 15.00 foot wide strip of {and being the Westerly, Southwesterly and Southeriy 15.00 feet
of Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country
�lub D�ive) as �;�o«�n o� the "�i_.^,T �7r TEC�UCST�" as recorded in Piat Book 25, Page
7 of the Pubiic Records of Pa1m Beach County, Florida. Said 15.00 foot wide strip
beginning at its' intersectiori with the Easterly extension of the Nor�h Right-of-Way line of
Ef Portal Drive (now known as and hereinafter referred to as Tequesfa Drive) as shown
on said "PtAT OF TEQUESTA" and terminating at the intersection of the North line of
said Section 26, (same fine also being the line between said Palm Beach County and
Mar�in County) and the said Southerly Right-of-Way line of Country Club Drive.
TOGETHER WlTH:
A 15.OQ foot wide strip of land being the Easterly, Northeasterly anc! Northerly 15.00 feet
f5� af 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 fhe said Public Records, also shown on the "PLAT OF BERMUDA
TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Pubfic
Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Pfat
Boo[c 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at
its` intersection with the Westerfy extension of the North Right-of-Way fine of said
Tequesta Drive (same line afso being the South line of Block A as shown on said "PLAT
OF BERMUDA TERRACE. SECT(ON 1"} and terminating at the intersection of the said
North line of Secrion 26 and ihe said Northeriy Righf-of-Way line of Country Club Orive.
The side lines of the said two 15.00 foot wide strips of land being lengthened or
shorfened so as to form two continuous strips of land.