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HomeMy Public PortalAboutHidden Harbour Estates Declarations' TIIIS li!STi,C I[:T WAS PKP7."ED DY: RETURN: JOEL i. �1'S.'.,;,'i, �� 1,ji: Law 29 N. E. 91ii ICJE��: J':. L'cLC;r(UEGGII, FL. 33444 V. U. i:Un DECLARATION AND ESTABLISH14ENT OF CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVATIONS AND EASEMENTS UPON HIDDEN HARBOUR ESTATES, A SUBDIVISION KNOW ALL M�� BY THESE PRESENTS: M 0.0 T WALSH, as Declaror, being the owner of an option i.n c�� on all o following described lands, situate within the County of Palm Bea��l,IGState of Florida, to -wit: Lots tOirough 8 of HIDDEN HARBOUR ESTATES, a sion according to the Plat recorded in ook 36, Page 110, of the Public Reco of Palm Beach County, Florida. does hereby estab he covenants, conditions, reservations and restrictions upon ' end subject to which all tracts or portions 0 of such tracts shal aFeapbQve mproved or sold and conveyed by it as owner thereof. Eachry one of these covenants, conditions, reservations and restrs is and all are for the benefit of M each owner of land in tract or parcel of land, and shall inure to and pass with e d every parcel of such subdivision, and shall bind the re spec successors in interest of the pres- ent owner thereof. These ve ants, conditions, reservations and restrictions are and each th is imposed upon said lands, all 52 of which are to be construed strictive covenants running with the title to each and every pa thereof, to -wit: 1. USES PERMITTED. The ps may be used only for single- family residences for occupancy family only. No dwelling may be used for the carrying on o ��j siness or profession. 2. SUBDIVISION CONTROLS. NoAb, boat dock, fence, wall or other structure shall be commence cted or maintained on any parcel nor shall any addition to, or or alteration therein be made, except interior alterations, t the construction plans and specifications, showing the nature, ape, height and materials, color scheme, location on Bui Site and approximate cost of such building or other structure, d the grading plan and landscape plan of the Building Site to be bu��i upon shall have been submitted to and approved in writing bySubdivision Control Committee or its designated representative. / ��1 d 5,(o The Committee shall have the right to refuse tve any such construction plans or specifications, grading r landscape plan, which are not suitable or desirable, in on of the Committee, for aesthetic or other reasons; and i s sing upon such construction plans and specifications, grad' or land- scape plan, the Committee shall have the right to take into consid- eration the suitability of the proposed building or other structure with the surroundings, and the effect of the building or other structure and landscaping on the outlook from adjacent or neighbor- ing properties. It is hereby stated that the purpose of this pro- vision is to assure that the area will be developed as a beautiful, harmonious, private residential area, but it is not intended that the Subdivision Control Committee shall be unreasonably arbitrary in any decision, and shall state its reasons for disapproving any plan submitted. 3. SUBDIVISION CONTROL COMMITTEE. The Subdivision Control Committee is initially composed of THOMAS T. WALSH and HERBERT C. CORNELL. The Committee may designate a representative to act for OFF REC 3097 PG 0824'1 it. The designation shall be in writing and signed by all members of the Subdivision Control Committee. In the event of the death or resignation of either member of the Committee, the remaining member shall have full authority to designate a successor. Neither the membe of the Committee nor its designated representative shall be entitle to any compensation for services performed pursuant to this o Upon the sale by Declaror of the last lot in the above- scr d subdivision, the then record owners of a majority of the o n this area shall have the power through a duly re- corded n instrument, executed and recorded with the formali- ties of a e to change the membership of the Committee. The initial ma address of the Subdivision Control Committee shall be All lot owne , as yell as the then owners of Tract A, shall be noti- fied in writintified mail, return receipt requested, of any change in the ship or designated mailing address of the Sub- division Contro ittee. Any written notice to the Subdivision Control Committe shall be addressed to the last designated address of the Committee. J�applicable time periods designated under these restrictions shallnce upon personal delivery to a member of the Committee or thred�y s from the date said notice is mailed by certified mail, returneipt requested, to the last designated ad- dress of the Committe 4. PROCEDURES. ATi p ns, specifications and other material that shall be filed withReasonable. ubdivision Control Committee for ap- proval or disapproval onrs required by this Declaration shall be processed as soon as A report in writing setting forth the decisions of the Ctee and the reasons therefor shall be transmitted to any applic 'thin thirty (30) days after the date of filing the plans, spec tions and other material by such applicant. The Committee will d collaborate with the applicant, and make suggestions from preli sketches (and all applicants are encouraged to submit prelimi ches for informal comment prior to submittal or architectura ngs and specifications for final approval). After filing an a i on for approval of final plans and specifications, in the eve he Committee fails to approve or disapprove within thirty ays after submission as required by this Declaration, or (ii) t to enjoin construction has been filed within forty-five (45) d fter commencement of such construction, approval as provided for � aragraph shall not be required, but all other covenants in this�ation continue to ap- ply in full force. 5. MINIMUM BUILDING SITE AREA REQUIREDL� lot shall ever be resubdivided or replatted in a manner which w ring about a greater number of lots than originally platted*pided, however, that a single building site may consist of one adjoining lots or one full lot and a portion of an adjoi Nevertheless, it is expressly provided that in the event a pfk�ny lot is used to increase the size of a building site by b in a ded to the adjacent lot, the remaining portion of such lot s er be used for the erection of any structure unless prior written approval is given by the Subdivision Control Committee or unless such remaining portion is likewise used in conjunction with the next adjoining lot as a single building site. 6. MINIMUM SIZE OF BUILDING REQUIRED. All dwellings erected upon lots within this subdivision shall have: (1) a minimum roof area of 3,600 square feet; (2) a fully enclosed two -car garage (carports being hereby prohibited); and (3) shall contain a minimum inside living area of 2,500 square feet, exclusive of the garage and the screened porch area. 7. LANDSCAPING. Each building site shall be landscaped as - 2 - OFF REC 3097 PG 0825 soon as reasonably practicable after completion of any dwelling, but not later than its occupancy. The landscaping plan shall be first approved by the Subdivision Control Committee. The entire lot shall be fully sodded. 8. BUILDINGS. No structure of a temporary character, trailer ment, tent, shack, garage, barn or other outbuilding shall us on any lot at any time as a residence, either tempo- rarily or manently. The use and location of any temporary cons- truction diAg shall be first approved by the Subdivision Control Committee 31� 9. RB'j�liTED USE OF BOATS, SEAWALLS, BOAT SLIPS. No seawall, dock or boa lip, iers or mooring post shall ever be placed or constructed up I lot or in the Private Canal unless the same shall be consaccording to plans, specifications, elevations, types and desi roved by the Subdivision Control Committee. No such permanent ucture shall extend more than five (5) feet from the seawall into theAdrivate canal, nor shall it extend more than two (2) feet above seawall. No vessel or boat shall be anchored offshore in the Pri anal adjacent to the subdivision so that the same shall in anywis s rfere with navigation. No boat house shall be constructed on or t to any of the waterfront lots in the subdivision, nor shall oat canal be dug or excavated in any of the waterfront lots s% ut he same being approved by the Subdivision Control Committee. No loll be increased in size by filling in the water on which it abu It is acknowledged that the seawall are a part of Tr restrictions of this paragra Harbour Estates. The interior waters of the Y navigated by anyone who is not an in the subdivision (including Tra family of such owner, lessee or o four (9) most easterly segments of Accordingly the same rights and all apply to Tract A of Hidden anal shall not be used or lessee, or occupant of a lot guest or member of the 10. OPTION AND APPROVAL UPON TRAV any grantee of any lot in the subdivision desires to seltogether with its improvements, if any, the property shred for sale to the Subdivision Control Committee at theat which the property is about to be sold and the said Subdtrol Committee shall have fifteen (15) days within which to exerc' 'ts option to purchase said property. Should the Subdivision Cont mmittee fail or re- fuse, within the said fifteen (15) days afte 'pt of written no- tice, to exercise its option to purchase such o rty at the price and on the terms at which it is about to be so n the owner of said property shall have the right to sell , i rty subject to each and every restriction, limitation, condit greement herein contained. The notice to the Subdivision Contro C ttee shall in- clude the name of his prospective purchaser, his ce address and his business and social affiliations, a copy of the proposed con- tract, and such other information and documentation as the Subdivision Control Committee may reasonably require. The fifteen (15) day pe- riod does not start until all such information and documentation have been obtained by the Subdivision Control Committee. In addition, any conveyance or transfer of the title to a lot in the subdivision shall require the prior written approval of the Subdivision Control Committee. Without exercising its option to purchase, the Subdivision Control Committee may refuse to authorize a transfer if it believes and can document, in good faith, that the proposed purchaser has not provided sufficient information and ref- erences to substantiate the purchaser's good character, compatibility - 3 - OFF REC 3097 PC 0 8 2 6 and financial standing in the community; thereby insuring such pur- chaser will be consistent with the high character of this subdivision. In order to refuse a transfer, the Subdivision Control Committee must have the concurrence of a majority of the lot owners for such refusal. The rpose of these provisions is the Declarer's belief that inher n the concept of a small, exclusive subdivision is the princ e t to promote the health, happiness and peace of mind of the m ity of the lot owners each lot owner must give up a certain a of freedom of choice in the sale of his property which he potherwise enjoy in separate, privately -owned property, since the wners are living in such close proximity and using facilities non. 11. GARBA RSPOSAL AND CLOTHESLINES. The lot owner will provide sanit'sposal for all garbage and rubbish. Such dis- posal shall be r underground or in concrete bins, fully en- closed and cove The lot owne 1 not place upon his premises clotheslines which may be visib her from the street or from the rear of said premises and, i p ticular, where said properties back on the waterways. Such slines must be enclosed in a hedge or other protective enclo to be approved by the Subdivision Con- trol Committee as a pa of the plan for the improvements to be lo- cated on the property. Q 12. UTILITY EASEMEN Easements for the installation and maintenance of utilities annage facilities are reserved as shown on the plat of Hidden r ur Estates. Within these easements, no structure, planting or oth terial shall be placed or permit- ted to remain that may damage terfere with the installation and maintenance of such utilities, the direction of flow of drain- age channels in the easements o o t or retard the flow of water through drainage channels i t9asements. The easement area of each Building Site and allE.�.M,,'�thirity ents in it shall be main- tained continuously by the owner oIding Site, except for those improvements for which a pubor utility company is responsible. No existing drainag ms can be changed with- out the express consent of all parties lved, including the owner of Tract A. 13. NUISANCES. No noxious or offe4pe activity shall be car- ried on upon any Building Site, nor shall anything be done on it that may be or may become an annoyance or n 's ce to the neighbor- hood. Each lot, whether occupied or unoccu hall be maintained clean and free from refuse, debris and unsigh y rowth, or any con- dition which may be considered a fire or heal rd. The lawns shall be mewed and the shrubbery and grounds a ed in a condi- tion similar to the surrounding dwellings in i ivision. No storage tanks, gas tanks, junk, or trash piles s al permitted upon any lot without being shielded from neighbo In the installation of any outdoor illumination, whether for purposes of recreation, security or beautification, all lot owners shall exercise consideration for the surrounding property owners. No bright lights shall be directed at any other lot or house (in- cluding Tract A and Lots 4, 5 and 6, Golf Course Addition) which will unreasonably interfere with that property owner's privacy or continued enjoyment of that property. No such outdoor illumination shall be installed without the prior approval of the Subdivision Control Committee. 14. BOATS, TRAILERS AND VEHICLES. All dwellings shall be capable of housing all vehicles under full roof and sides. Boats, - 4 - OFF REC 3097 PG 0827 campers, trailers, motorhomes and like vehicles shall not be per- mitted upon residential sites. 15. SIGNS. No sign of any kind shall be displayed to the pub- lic v3,.ewon any lot, without the prior approval of the Subdivision Control dnittee as to the size, content and location of such sign. AVqEMENT OF VIOLATIONS. For a violation or breach of any of t restrictions by any person, the Subdivision Control Committ , d the lot owners, or any of them, jointly and severally, shall ha flight, in their discretion, to proceed at law or in equity to 1 a compliance with the terms hereof or to prevent the violatebreach of any of them. Except in the case of an emergency ( rorepsonal injury or property damage is imminent) before taking ary Action, the Committee shall first send the Owner fifteen (15) rior written notice, by certified mail, to the address then 12;r4 with the tax assessor for the property owner. In addition to foregoing right, the Subdivision Control Com- mittee shall have th&right to enter upon any lot upon which any violation or brea o these restrictions exists, and summarily abate and remove a expense of the owner thereof any structure or other violation*ay ay be or exist thereon contrary to the in- tent and provision h , nd no liability shall arise in any man- ner for trespass, abat or removal against the Committee. The expense of abating the ondition stated in the notice, court costs, a reasonable attorney'sVothe hether or not a lawsuit is actually filed, and interest on sms at the rate of 108 per annum shall be charged to the owner lot and shall become a lien on the property enforceable in them ceedings. The failure to p shall not bar their enforcement any covenant herein contained subsequent violation of the sam one or more of these restrictio Court of competent jurisdiction other restrictions, but they sh manner as mortgage foreclosure pro - enforce any of these restrictions r shall the failure to enforce 5cmed a waiver of the right to a h. The invalidation of any e vations or covenants by any no wise affect any of the i gia,in full force and effect. 17. DURATION. These covenants4,aWfo run with the land and shall be binding on all parties and asons claiming under them for a period of twenty-five (25) years the date these covenants are recorded, after which time they sha tended automatically for successive periods of ten (10) years• ct to the provisions of paragraph 18. 18. MODIFICATION OR REVOCATION. Thesigned Declaror hereby reserves to himself, his successorsa igns, the right to modify, revoke or cancel any of the forego' g strictions. The undersigned Declaror hereby assigns this right dification, revocation or cancellation to the Subdivision Committee hereinabove designated to be exercised from ti a me as said Committee shall, in its discretion, deem advisable. on the sale by the Declaror of the last lot in the subdivisi any further modification or revocation of the foregoing restrictions shall be done by the Subdivision Control Committee only with the concurrence of not less than six (6) of eight (8) lot owners of record as of the effective date of such modification or revocation. Any writing, executed by all the members of the Committee with the formalities of a deed and recorded in the Public Records of Palm Beach County, Florida, shall be effective to modify, revoke or cancel any provis- ion affected thereby. Any written approval of any structure or plan or other matter made by them for any lot owner, a copy of which is filed with the Committee, shall be sufficient and adequate authority for said lot owner, whether such approval is recorded or not. - 5 - OFF REC 3097 PG 0828 Any modification, revocation or cancellation of these restric- tions adversely affecting the rights of the owner of Tract A shall not be effective against such owner without that owner's consent and joinder in the writing which affects such change. 19. MAINTENANCE. The lot owners shall be assessed equally by the Subdiv'sion Control Committee for the items of expense required for the gral welfare of all lot owners, including: AV , -'Th ost of maintaining the platted private roads within the sub iv' 'on as well as the road leading from the subdivision to AlA a e ab fished by the Right of Way Easement Deed in Deed Book 1094 180, of the Public Records of Palm Beach County, Florida. wever, Lots 4, 5 or 6 of Golf Course Addition, according t Plat as recorded in Plat Book 10, Page 75, of the Public Reco of Palm Beach County, Florida, or that portion of Tract A lying ea ly of the ten (10) feet lying east of the 20' Private Road & 'ty Easement, are later developed in such a way that would req he use of the road leading from the subdivision to AlA (as esta 'shed by the Right of Way Easement Deed described above), then the ow or owners of such properties shall share in the maintenance oportion of the road. The allocations shall be based on the nVta,0 qf dwellings or separately owned properties which have accessoutinely use such road for their primary means of ingress and I to AlA. B. The cost of ma`i`ntaining the other subdivision improvements in a proper manner, incluthe continued maintenance of the lawn, pump and sprinkler system alled in that portion of Tract A lying west of a line being ten ( ) feet east of the platted private road. C. The taxes and insurc£j including public liability insur- ance, affecting the subdivisio perty and improvements within the subdivision which are used n mmon, but excluding therefrom Tract A. In addition, the publ bility insurance shall cover all the platted private roads as e sthe road leading from the subdivision to AlA. D. The cost for trimming of t h overhang the platted Road and Utility Easement as well as oad leading from the sub- division to AlA (subject to the share tenance provisions in case of subsequent development, as set in paragraph 19 A above). E. If, within Tract A, the lawn, la�aping, trees, pump or sprinkler system are subsequently damaged or uire replacement, such property shall be repaired or replaced material of equal value within thirty (30) days after notifica o the Subdivision Control Committee by the owner of Tract A. If corrective work is not done within the designated time, the o Tract A may cause the work to be done, and the costs there be paid by the Subdivision Control Committee within ten (OEw ter present- ment. if payment is not received within the al Ottee, the owner of Tract A may take whatever action allow a to re- cover the money spent to correct said conditions, together with any court costs and attorneys' fees incurred in the collection. F. If required, the cost for installing and maintenance of any illumination of the road within or leading to this subdivision (sub- ject to the shared maintenance provisions in case of subsequent de- velopment, as set forth in paragraph 19 A above). Any lighting installed on Tract A shall be subject to the prior approval of the design and placement by the then owners of Tract A. In no event will any bright lights face directly toward any part of Lots 4, 5 and 6, Golf Course Addition. 20. SEAWALL AND CANAL MAINTENANCE. The cost of maintaining and repairing the seawall shall be the individual responsibility - 6 - OFF REC 3097 PG 0829 of the property owner on whose property the damaged or deteriorated seawall is located. If an affected property owner does not promptly take steps to make the necessary repairs, the Subdivision Control Committee shall have the right to order the work done, and the cost of such w9 k shall be charged against the affected property owner and shall a lien against that property. "Necessary repairs" are de%lever, an those repairs certified by a licensed engineer, employubdivision Control Committee, and necessary to maintctural integrity of the seawall and to prevent soil ehe affected property, as well as the contiguous properhis subdivision. These provisions of paragraph 20 shaly to that portion of the seawall lying within Tract it is determined beyond a reasonable doubt that tregairs within Tract A are required, as a result of the installs or operation of the drainage outfall system installed for of the lot owners of Hidden Harbour Es- tates, then the wners shall be assessed equally by the Sub- division Contro Fnefit mmittee for the cost of such seawall repair. The then owner of T A shall have the right, at their expense, to obtain a certi inion of another licensed engineer. If there is a differen opinion between the engineers, the engin- eers shall select a r licensed engineer whose certified opinion as to the cause of s all damage shall be binding upon all concerned. The expenshe third engineer, if required, shall be borne equally by the hen owner of Tract A and the lot owners. If, in the future, i necessary to deepen the private canal to accommodate boat traffi for the reasonable use of all property owners, the cost of such dreor canal excavation shall be borne equally by all property owne ncluding the owner of Tract A. The foregoing work shall be done oith the prior approval and upon the direction of the Subdivisi trol Committee with the concur- rence of not less than six (6) nine (9) property owners of record as of that time, includin hen owner of Tract A. 21. RELEASE. By accepting d -f the deeds to the lots in this subdivision from the DeclarVx�OK) purchasers do thereby accept the property and subdivisionments, including the sea- wall, in their existing condition and ereby release the owners consenting to this Declaration as well s he Declaror, their heirs, successors and assigns, from any liabil'onnection therewith. IN WITNESS WHEREOF, THOMAS T. WASH, c ror, has caused this Declaration to be executed this,.:L 7da� 1979. THOMAS T. WA� 6h STATE OF FLORIDA D �',.'":�;r,�G,;'•; COUNTY OF PALM BEACH The foregoing instrument was acknowledged b6 th�S; -qday of i , 1979, by THOMAS T. WALSH. Noary Public ^ M Commission Expires: 11-6-7.9 CONSENT EDMOND J. SPENCE and REGINA W. SPENCE, his wife, as the fee simple owners of the subdivision property, do hereby consent to the foregoing Declaration and Establishment of Conditions, Restric- tions, Limitations, Reservations and Easements upon Hidden Harbour Estates, a Subdivision. - 7 - OFF REC 3097 PC 0 8 3 0 DATED this I day of , 97 SPEN RE A/W. SPENCE STATE*fng COUNTYx Tinstrument was acknowledged beforeday of�. 1979, by EDMOND J. REGINA W. SP �✓E,, h6s w>�- Notary Pu lic My Commission Exp,�� @ata /h ry Public, Stale of Varido at Large fny Conn,iainn E% Ifet SOP . 12, 1960 Ani.r:un fln a Grwb: CpmWp% V �V Q i g _ Becad @atitiad Palm Benoh County, Fky John B. Bunklo ®FF REC 3097 PG 0 8 31 ? Mork Giraolt C004