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HomeMy Public PortalAboutDeed RestrictionPrepared by and return to: TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL 33483 DEED RESTRICTION IIMINMNNI��uain�uAluNII1GInIGll1� CFN 20150334635 OR BI{ 27791 PG 1848 RECORDED 09/10/2015 08.51.34 Pala Beach County, Florida Sharon R. Bock.CLM L CDMpMLLER P98 1848 - 1849; (2pga) THIS Deed Restriction is entered into and granted by 3345 Oleander Way LLC whose post office address is % 185 NE 4" Avenue, Suite 104, Delray Beach, Florida 33483 (hereinafter "Grantor") WITNESSETH WHEREAS, Grantor is the fee simple owner of that certain property located at 3410 North Ocean Boulevard, Gulf Stream, Florida, 33483 more particularly described as follows (hereinafter the "Property"): Beginning at the northeast comer of said Lot 45A: thence S.9/56'00"W., along The east line of Lot 45A, a distance of 92.00 feet to a point of curvature of a curve concave to the east having a central angle of 0/09'29" and a radius of 2900.93 feet; thence southerly, along the are of said curve, a distance of 8.00 feet to the southeast corner of said Lot 45A; thence S.90/00'00" W., along the south line of said lots 45 and 45A, a distance of 159.69 feet to the southwest comer of said Lot 45; thence N.2/01'45" E., a distance of 99.80 feet; thence easterly, a distance of 173.40 feet to the point of beginning.. Property Identification No: 204346-03-07-000-0450 WHEREAS, on May 8, 2015 the Town of Gulf Stream approved an Architectural/ Site Plan that exceeds the maximum Floor Area by 233 square feet, pursuant to Section 70-72 of the Code of Ordinances of the Town of Gulf Stream, "Special exception floor area ratio (FAR);" and . WHEREAS, the approval requires that certain entry, porch, breezeway and pavilion areas shall remain forever unenclosed; and WHEREAS, Section 70-72 (b)(2)(e) of the Code of Ordinances of the Town of Gulf Stream requires that, prior to the issuance of a certificate of occupancy or certificate of completion, the owner of the property shall prepare and record a deed restriction which, at a minimum, shall provide that all roof projection areas required to remain unenclosed shall remain so for as long as the structure is in existence or exceeds the maximum FAR; and WHEREAS, Grantor is agreeable to granting this Deed Restriction as consideration for the Town of Gulf Stream granting approval of Grantor's plans and specifications for the residence and for the Town of Gulf Stream issuing a Certificate of Occupancy. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the receipt and sufficiency of which is hereby acknowledged and agreed to, Grantor does hereby state as follows: 1.0 RECITALS. The above recitals are hereby ratified and confirmed as being true and correct and are incorporated herein in all respects. 2.0 RESTRICTIONS: Grantor does hereby enter into this Deed Restriction so as to provide that for so long as the residence approved by the Town of Gulf Stream on May 8, 2015 exists, Grantor agrees that Grantor, Grantor's successors, and/or assigns shall not enclose 720 square feet of covered entry, covered porch, covered breezeways and covered pavilion areas located at the front and rear of the (tome. Grantor acknowledges that this 720 square feet of covered entry, covered porch, covered breezeway, and covered pavilion area shall remain "open air" and although the same may be covered, it shall be left open and not enclosed. 3.0 RESTRICTION DEEMED COVENANT. This Deed Restriction shall touch and ran with the land and shall be in full force and effect for so long as the residence approved on May 8, 2015 is located on the Property. In the event, at any time, that the residence contained thereon is demolished or upon the issuance of a new building permit for a new residence, and recordation of a Memorandum thereof, this Deed Restriction shall terminate and be of no further force or effect. This restriction shall be binding upon Grantor, Grantor's heirs, personal representatives, successors and assigns. 4.0 MODIFICATION OR REVOCATION. Except as provided herein, this Deed Restriction may only be modified with the written approval of the Town of Gulf Stream and by a recordable instrument recorded by the then owner of the Property which shall have attached, affixed or set forth therein the written approval of the Town of Gulf Stream. In the event that the Code of Ordinances of the Town of Gulf Stream is amended to no longer require a covenant, the Town Manager is authorized to sign a recordable document revoking this covenant. Grantor hereby sets his hands and seals acknowledging and agreeing to the Deed Restrictions set forth herein. MW C�� I 1 � Witness Witness STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) 3345 Oleander Way LLC I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Slate aforesaid and in the County aforesaid o. take-acknmaded ts, personally appeared -fth L. o... r[ rs c.'1. peonally known �it , or produced as identification, and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 13 day of ALW 20 In' v d� Notary Signature My Commission Expires:, " `I' 1 Ch e!a ry" Ct C-, My Commission No. is: FF J4Sv Print Name N!gff Y GRATTANSION #FF 34567July 9. 2017ate Servlce.com lit II 111111111111111 III 11111111111111111111111111111111 CFN 20150334861 OR BK 27792 PG 0665 RECORDED 09/10/2015 09:18:07 Pale Beach County, Florida Sharon R. Bock,CLERK b COMPTROLLER Pge 0665 - 666; (2pga) Prepared by and return to: TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL 33483 THIS Deed Restriction is entered into and granted by 3345 Oleander Way LLC whose post office address is % 185 NE 41h Avenue, Suite 104, Delray Beach, Florida 33483 (hereinafter "Grantor") WITNESSETH WHEREAS, Grantor is the fee simple owner of that certain property located at 3424 North Ocean Boulevard, Gulf Stream, Florida 33483, more particularly described as follows (hereinafter the "Property"): Beginning at the southeast comer of said Lot 46: thence N.9/56'00"E., along The east line of Lot 46, a distance of 55.13 feet to a point of curvature of a curve concave to the east having a central angle of 0/53'10" and a radius of 2900.93 feet; thence northerly, along the arc of said curve, a distance of 44.87 feet to the northeast comer of said Lot 46; thence S.90/00'00" W., along the north line of said lots 46 and 46A, a distance of 185.94 feet to the northwest comer of said Lot 46A and a point on a curve concave to the east having a central angle of 9/02'06" and a radius of 130.00 feet; thence southerly, along the arc of said curve a distance of 20.50 feet; thence S.2/01'45"W, a distance of 76.91 fee; thence easterly. a distance of 173.40 feet to the point of beginning. Property Identification No: 204346-03-07-000-0460 WHEREAS, on May 8, 2015 the Town of Gulf Stream approved an Architectural/ Site Plan that exceeds the maximum Floor Area by 22 square feet, pursuant to Section 70-72 of the Code of Ordinances of the Town of Gulf Stream, "Special exception floor area ratio (FAR);" and WHEREAS, the approval requires that certain entry, breezeway and loggia areas shall remain forever unenclosed; and WHEREAS, Section 70-72 (b)(2)(e) of the Code of Ordinances of the Town of Gulf Stream requires that, prior to the issuance of a certificate of occupancy or certificate of completion, the owner of the property shall prepare and record a deed restriction which, at a minimum, shall provide that all roof projection areas required to remain unenclosed shall remain so for as long as the structure is in existence or exceeds the maximum FAR; and WHEREAS, Grantor is agreeable to granting this Deed Restriction as consideration for the Town of Gulf Stream granting approval of Grantor's plans and specifications for the residence and for the Town of Gulf Stream issuing a Certificate of Occupancy. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the receipt and sufficiency of which is hereby acknowledged and agreed to, Grantor does hereby state as follows: 1.0 RECITALS. The above recitals are hereby ratified and confirmed as being true and correct and are incorporated herein in all respects. 2.0 RESTRICTIONS: Grantor does hereby enter into this Deed Restriction so as to provide that for so long as the residence approved by the Town of Gulf Stream on May 8, 2015 exists, Grantor agrees that Grantor, Grantor's successors and/or assigns shall not enclose 664 square feet of covered entry, covered breezeways and covered loggia areas located at the front and rear of the home. Grantor acknowledges that this 664 square feet of covered entry, covered breezeways, and covered loggia area shall remain "open air" and although the same may be covered, it shall be left open and not enclosed. 3.0 RESTRICTION DEEMED COVENANT. This Deed Restriction shall touch and ran with the land and shall be in full force and effect for so long as the residence approved on May 8, 2015 is located on the Property. In the event, at any time, that the residence contained thereon is demolished or upon the issuance of a new building permit for a new residence, and recordation of a Memorandum thereof, this Deed Restriction shall terminate and be of no further force or effect. This restriction shall be binding upon Grantor, Grantor's heirs, personal representatives, successors and assigns. 4.0 MODIFICATION OR REVOCATION. Except as provided herein, this Deed Restriction may only be modified with the written approval of the Town of Gulf Stream and by a recordable instrument recorded by the then owner of the Property which shall have attached, affixed or set forth therein the written approval of the Town of Gulf Stream. In the event that the Code of Ordinances of the Town of Gulf Stream is amended to no longer require a covenant, the Town Manager is authorized to sign a recordable document revoking this covenant. Grantor hereby sets his hands and seals acknowledging and agreeing to the Deed Restrictions set forth herein. Witness Witn ss Witness Witness STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) k�L �cc 3345 Oleander Way LLC I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowlec ents, personally appeared ersonallvknownto or produced as identification, and who executed the for ment and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this )3 day of ALI• ,20 L5 My Commission Expires: —7- C/• I' My Commission No. is: FG 3 45'& l 299 Y GRATTANSION #FF 34567 July 9, 2017ota sarvke.ram Notary Signature OtizI" CZ"tt � Print Name