HomeMy Public PortalAbout3424 Polo DrivePrepared by and Return to:
J. JEFFREY THISTLE, ESQUIRE
u DEViTT. THISTLE & DEVITT, P. A.
30 S. E 4th Avenue
✓✓ Defray Beach, Florida 33483
dm,= t 1042 -27 P9 679 7
IODMOOJ"OwlLK MW P2 K tilt I
ENCROACHMENT REMOVAL AGREEMENT
THIS AGREHIMdr is made and entered into by JOSEPH J. MaAOL and PENNELL B.
McCOOL, his wife, hereinafter referred to as "MCC00L."
_..._ . - WHEREAS, MCCOGL: is the owner of that certain rel property described ser
L'0' 9, POLO COVE, according to the Plat thereo& recorded in Plat Book 24, page
73, of the Public Records of Palm Beach County, Florida, and
WHEREAS. MCCOOL, 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. In the event the TOWN OF GULF STREAM or any utility company must remove
any portion of a Ecus hedge which encroaches onto the right-of-way of Polo Drive in order to gain
&Deese, or to maintain or replace their facilities, the TOWN OF GULF SIRE" and/or the utility
company will not heobligated to replace the remove! hedge. Fmtherrnmr, 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-ofway. -
2 This Agreement shall constitute a covenant running with the land.
3. This Agreement may be enforced by injunctive relief by the TOWN OF GULF
STREAM and, if injunctive relief is granted, the enforcing party shad] recover its costs and
reasonable attorney's fees from the party against whom enforcement is sought.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this I 1544� day of
1999.
Signed, sealed and delivered in
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was aekmwled bef rc me b JOSEPH J. and
PENNELL H. Mc000L, his wife, this f a ,T day of 1998, to are asottal
known to r who prcsetted 1s identification.
My Commission expires:
trnaew,
haat Saver`— No Po 'e State of Florida at Large
wam�mr INQI
roaaassar.ra,ae
rar,warrrrur�a