HomeMy Public PortalAboutDeed RestrictionPrepared by and return to:
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, FL 33483
DEED RESTRICTION
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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.
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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