HomeMy Public PortalAbout3126 Gulf Stream RoadPrepared By and Return t6:
MARK L. KRALL, ESQ.
LISTICK & KRALL, P.A.
616 East Atlantic Avenue
Delray Beach, Florida 33483
Oct -26-1993 01:23pm 99-428215
u' ORB 11421 Pg 34
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
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RESTRICTIVE COVENANTS AND
ENCROACHMENT REMOVAL AGREEMENT
THIS AGREEMENT is made and entered into by WILLIAM S. WIETSMA and CAROLINE S.
WIETSMA, his wife, hereinafter referred to as "Property Owner."
WHEREAS, Property Owner is the owner of that certain mal property described as:
Lot 4, GULF STREAM PROPERTIES, a Subdivision of land within the Town
of Gulf Stream, Palm Beach County, Florida, according to the Replat thereof as
recorded in Plat Book 18 at Page 98, of the Public Records of Palm Beach
County, Florida
WHEREAS, Property Owner in consideration of the Town of Gulf Stream and its Architectural Review
and Planning Board approval of a proposed site plan and construction project, agree as follows:
1. Property Owner shall plant and permanently maintain a continuous, intense, mature vegetative
screen along the west property line of the property such that the view of the garage doors is obscured, to the
maximum extent possible, on the street side of the Property. All appropriate permits for planting the landscaping
shall be obtained from the Town of Gulf Stream and in addition thereto the landscaping shall be subject to the
inspection and approval of the Town Manager of the Town of Gulf Stream prior to the issuance of a Certificate of
Occupancy for the residence constructed on the Land. After issuance of a Certificate of Occupancy the vegetative
screen shall be maintained on an ongoing basis in a healthy growing condition and any dying or diseased vegetative
materials shall be replaced upon request of the Town Manager of the Town of Gulf Stream.
2. In addition, in the event the Town of Gulf Stream or any utility company must remove any portion
of the ficus hedge which encroaches onto the right of way of Polo Drive in order to gain access, or to maintain or
replace their facilities, the Town of Gulf Stream and/or the utility company will not be obligated to replace the
removed hedge. Furthermore, in the event that the ficus hedge should die or be removed by any party for whatever
reason, it cannot be replaced so as to encroach upon the right of way.
3. This Agreement shall constitute a covenant naming with the land.
4. This Agreement may be enforced by injunctive relief by the Town of Gulf Stream and, if
injunctive relief is granted, the enforcing party shall recover its costs and reasonable attorneys' fees from the party
against whom enforcement is sought
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ).E day of October, 1999.
Signed, sealed and delivered in the presence on
itness _
Printed Name:
Witne$'6
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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WILLIAMS. WIETSMA
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