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R e t u r n t o :
R o g e r G . S a b e r s o n , P . A .
A d d r e s s :
7 0 S . E . 4 t h A v e n u e
D e l r a y B e a c h , F l o r i d a 3 3 4 8 3
T h i s i n s t r u m e n t w a s p r e p a r e d b y :
N a m e :
R o g e r G . S a b e r s o n , P . A .
A d d r e s s :
7 0 S . E . 4 t h A v e n u e
D e l r a y B e a c h , F l o r i d a 3 3 4 8 3
A G R E E M E N T R E G A R D I N G V A R I A N C E A P P R O V A L
T h i s A g r e e m e n t i s e n t e r e d i n t o t h i s �� d a y o f A 4 ' / / 1 9 9 3 , b y a n d
b e t w e e n J A N E B E V A N S P E E R , T r u s t e e U n d e r R e v o c a b l e T r u s t A g r e e m e n t , D a t e d J u l y 2 6 , 1 9 8 8 ,
c r e a t e d b y J a n e B e v a n S p e e r a / k / a J a n e T u r n e r S p e e r , h e r e i n a f t e r " T r u s t e e " , a n d t h e T O W N O F
G U L F S T R E A M , F L O R I D A , a F l o r i d a m u n i c i p a l c o r p o r a t i o n , 1 0 0 S e a R o a d , G u l f S t r e a m , F l .
3 3 4 8 3 h e r e i n a f t e r t h e " T o w n " , a n d t h e T r u s t e e a n d t h e T o w n t o g e t h e r b e i n g " t h e p a r t i e s " .
W I E R E A S , t h e T r u s t e e i s t h e o w n e r o f t h e f e e s i m p l e t i t l e t o t h e f o l l o w i n g d e s c r i b e d r e a l
p r o p e r t y l o c a t e d w i t h i n t h e T o w n , t o - w i t -
P A R C E L N O . 1
P A R C E L N O . 2
T h e l e g a l d e s c r i p t i o n s f o r P a r c e l N o . 1 a n d P a r c e l N o . 2 , r e s p e c t i v e l y , a r e s h o w n o n E x h i b i t A
a t t a c h e d h e r e t o a n d b y s p e c i f i c r e f e r e n c e m a d e a p a r t h e r e o f , ( t h e " R e a l P r o p e r t y " ) a n d
1
WHEREAS, the Trustee had filed an application with the Town for variance approval to
allow a nonconforming bathhouse structure to remain in its present location, and
WHEREAS, the variance was from the minimum side yard setback requirements applicable
to the south side of Parcel 2 of the Real Property, and
WHEREAS, the Town Commission approved the variance request on October 9, 1992, and
WHEREAS, a condition of variance approval was that in the event that the principal
residence was removed that unless another variance was applied for and approved, the
nonconforming bathhouse would also be removed.
NOWTHEREFORE, for $1.00 and other good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged by each of the parties and in consideration of the
variance approval by the Town as set forth above, the parties agree as follow:
1.
2.
3.
The above whereas clauses are true and correct and are incorporated herein.
The Trustee agrees that in the event that the principal residence shown as "1 1/2 story
stucco residence" (the "Residence") on the attached Exhibit B, which is incorporated herein
by reference, is demolished that unless the Trustee or her successors and assigns have
applied for and received approval for another variance, the nonconforming bathhouse shall
also he removed within 60 days thereafter. If the Residence is removed because of fire,
hurricane or other casualty or disaster and not rebuilt within a reasonable time, as
determined by the Town, then the nonconforming bathhouse shall be removed.
This Agreement shall be construed as a covenant running with the subject properties and
shall be binding upon the Trustee's heirs, personal representatives, successors and assigns,
and shall constitute notice to all persons whomsoever of the terms and provisions herein
set forth, and shall continue in effect until such time as this covenant may be released or
modified in writing by the Town of Gulf Stream, Florida or any successor thereto.
2
Ji?C 76'57 r'C 18'T�
4• This Agreement shall terminate on the earlier of. (i) when the Town executes a release
hereof that is recorded in the Public Records of Palm Beach County, or (ii) upon the
removal of the nonconforming bathhouse which encroaches onto the southline of the Real
Property.
IN WITNESS WHEREOF, the parties have executed this Agreement this/7/day of
March, 1993.
Signed, sealed and delivered
in the presence of
Witness::
Witn s: , 10ger G. Sahmon
S4
itness: r. S�,pt
Witness: p.,� !,r Lma�/
jn_a.._, 13, ., S ,� - _ _-r_
Jane Bevan Speer, Trustee Under Revocable
Trust Agreement dated July 26, 1988, created
by Jane Bevan Speer a/k/a Jane Turner Speer
2817 N. Ocean Blvd.
Gulf Stream, Fl. 33483
TOWN OF GULF STREAM
0.
'o/
//2"0&k '
VW, I1ilW F/foc4}f,. ,Mayor
Atte
Rita Taylor,
Town Clerk
so
7
ral i - 0,7 i
iZ
STATE OF FLORIDA
COUNTY OF PALM BEACH
A
uRE 76-57 P9 1$97
I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Jane Bevan Speer
Trustee under Revocable Trust Agreement, dated July 269 1988, created by Jane Bevan Speer, a/k/a
Jane Turner Speer, to me known to be the person described in and who executed the foregoing
instrument and acknowledged before me that she executed the same
WITNESS my hand and official seal in the County and State last aforesaid, this L/
day of March, 1993.
Roge G. Saberson `
Notary Public
My Commission Expires;
ROGER 0. SABERS N1
M MY 0OWNSM # CC 14M DMO
September 25, 1995
ION BOND® Toil TROY FAIN WMNMNM MD.
EXHIBIT A
Parcel 1
OF
v;;?8 7$S7 ;Qs 1398
Beginning at a concrete monument marking the intersection of the
East right-of-way Line of Ocean Boulevard and the North line of
Government Lot 3, Section 3, Township 46 South, Range 43 East;
thence southerly along said East right-of-way line of Ocean
Boulevard, on a curve having a radius of 1459.651, and deflection
angle of 20 56' 5711, an arc distance of 150.25 feet to a concrete
monument; thence easterly and parallel to said North line,
Government Lot 3, a distance of 100 feet to a concrete monument;
thence northerly, making an angle of 93° 46' measured from West to
North, a distance of 150.2 feet to a concrete monument in the said
North line of Government Lot 3; thence westerly, making an angle of
86° 14' measured from South to West, along the said North line of
Government Lot 3, a distance of 100 feet to the point of beginning.
Parcel 2
That part of the North 200 feet of Government Lot 3 in Section 3,
Township 46 South, Range 43 East, lying East of Ocean Boulevard in
the Town of Gulf Stream, Florida, LESS AND EXCEPT Parcel 1 as
described above.
rens:
ORB 7657 Pe 1 899
RECORD VERIFIED DOROTHY H WILKEN
CLERK OF THE COURT — PB COUNTY, FL
Property Appraisers Parcel Identification (Folio) Number(s):
EXHIBIT B g
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Return to:
Roger G. Saberson, P.A.
Address:
70 S.E. 4th Avenue
Delray Beach, Florida 33483
This instrument was prepared by:
Name:
Roger G. Saberson, P.A.
Address:
70 S.E. 4th Avenue
Delray Beach, Florida 33483
AGREEMENT REGARDING VARIANCE APPROVAL
This Agreement is entered into this day of
1993, by and
between JANE BEVAN SPEER, Trustee Under Revocable Trust Agreement, Dated July 26, 1988,
created by Jane Bevan Speer a/k/a Jane Turner Speer, hereinafter "Trustee", and the TOWN OF
GULF STREAM, FLORIDA, a Florida municipal corporation, 100 Sea Road, Gulf Stream, Fl.
33483 hereinafter the "Town", and the Trustee and the Town together being "the parties".
WHEREAS, the Trustee is the owner of the fee simple title to the following described real
Property located within the Town, to -wit:
PARCEL NO. 1
PARCEL NO. 2
The legal descriptions for Parcel No. 1 and Parcel No. 2, respectively, are shown on Exhibit A
attached hereto and by specific reference made a part hereof, (the "Real Property") and
1
WHEREAS, the Trustee had fled an application with the Town for variance approval to
allow a nonconforming bathhouse structure to remain in its present location, and
WHEREAS, the variance was from the minimum side yard setback requirements applicable
to the south side of Parcel 2 of the Real Property, and
WHEREAS, the Town Commission approved the variance request on October 9, 1992, and
WHEREAS, a condition of variance approval was that in the event that the principal
residence was removed that unless another variance was applied for and approved, the
nonconforming bathhouse would also be removed.
NOWTHEREFORE, for $1.00 and other good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged by each of the parties and in consideration of the
variance approval by the Town as set forth above, the parties agree as follow:
1. The above whereas clauses are true and correct and are incorporated herein.
2. The Trustee agrees that in the event that the principal residence shown as "1 1/2 story
stucco residence" (the "Residence") on the attached Exhibit B, which is incorporated herein
by reference, is demolished that unless the Trustee or her successors and assigns have
applied for and received approval for another variance, the nonconforming bathhouse shall
also be removed within 60 days thereafter. If the Residence is removed because of fire,
hurricane or other casualty or disaster and not rebuilt within a reasonable time, as
determined by the Town, then the nonconforming bathhouse shall be removed.
3. This Agreement shall be construed as a covenant running with the subject properties and
shall be binding upon the Trustee's heirs, personal representatives, successors and assigns,
and shall constitute notice to all persons whomsoever of the terms and provisions herein
set forth, and shall continue in effect until such time as this covenant may be released or
modified in writing by the Town of Gulf Stream, Florida or any successor thereto.
2
4. This Agreement shall terminate on the earlier of: (i) when the Town executes a release
hereof that is recorded in the Public Records of Palm Beach County, or (ii) upon the
removal of the nonconforming bathhouse which encroaches onto the southline of the Real
Property.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
March, 1993.
Signed, sealed and delivered
in the presence of
Witness: t9ad('ew T S e Kl
Witne s:
Roger G. snbeft
Witness: t, .S'��tr N Yri n7%n
"ess- T4
y i? 4yos
Jane Bevan Speer, Trustee Under Revocable
Trust Agreement dated July 26, 1988, created
by Jane Bevan Speer a/k/a Jane Turner Speer
2817 N. Ocean Blvd.
Gulf Stream, Fl. 33483
WN OF GULF STREAM
1411 Ili A in F Kvli) Tom- , Mayoit
Attu
Rita Taylor, Town Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Jane Bevan Speer
Trustee under Revocable Trust Agreement, dated July 26, 1988, created by Jane Bevan Speer, a/k/a
Jane Turner Speer, to me known to be the person described in and who executed the foregoing
instrument and acknowledged before me that she executed the same
WITNESS my hand and official seal in the County and State last aforesaid, this
day of March, 1993.
My Commission Expires:
Roger G. Saberson
Notary Public
4
EXHIBIT A
Parcel 1
Beginning at a concrete monument marking the intersection of the
East right-of-way Line of Ocean Boulevard and the North line of
Government Lot 3, Section 3, Township 46 South, Range 43 East;
thence southerly along said East right-of-way line of Ocean
Boulevard, on a curve having a radius of 1459.651, and deflection
angle of 2" 561 5711, an arc distance of 150.25 feet to a concrete
monument; thence easterly and parallel to said North line,
Government Lot 3, a distance of 100 feet to a concrete monument;
thence northerly, making an angle of 93' 46' measured from West to
North, a distance of 150.2 feet to a concrete monument in the said
North line of Government Lot 3; thence westerly, making an angle of
860 14' measured from South to West, along the said North line of
Government Lot 3, a distance of 100 feet to the point of beginning.
Parcel 2
That part of the North 200 feet of Government Lot 3 in Section 3,
Township 46 South, Range 43 East, lying East of Ocean Boulevard in
the Town of Gulf Stream, Florida, LESS AND EXCEPT Parcel 1 as
described above.
sic
EXHIBIT B �-
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