Protective Covenants-Northlake Properties79
i[D!' we **475
x� r C1. vc•�K to ,. -
AGREEMENT AND DECLARATION
Or
Protective t:ownants, R+strictlons,
Reservations, Servitudes and Easements,
affecting the real property of
THIS AGREEMENT AND DECLARATION, Made by ttOATH PALM
BEACH PROPERTIES, INC. , hereinafter referred to as Declarant, and
VIRGINIA GRAVL N BROWN, a Irme Dealer, BUNKER RANCH HOMES,
INCL, BELVEDERE HOMES, INC., GOLFVIEW W IGHTS. ING ,
BELVEDERE INDUSTRIAL CORP.. FOREST HILL HOMES, INC. ,
BELVEDERE HOLDING CORP. and WILLIAM W. BLAKESLEE,' as
Trustee, doing business as NORTHLAKE PROPERTIES, hereinafte"
referrid to an Owners, witnesseth:
WHEREAS, Otvttere are presently the owtus� of all the regi property
dsecribed is Paragrapk I herrn[ and hew agreed with Declaragt to subjee[
said property t: the protective covenants, restrictions, reservations,
servitudes and easements hereinafter not forth, each and all of which is
and are for the benefit of said property and of each present and future owner
thereof, or of any part thereof, and shall inure to the benefit of artJ pass
with said property, and each and every part thereof, and sball apply to
and bind every present and future owner of said property, or any part
th*roof, and their and each of their heirs, successors and assigns.
NOW,THEREFORE, Declarant and Owners hereby declare
that
the real property described in Paragraph I hereof is and skull he held,
transforrod, sold, conveyed, used Red occupied subject to the covenants,
restrictions, reservations, servitudes and easements hereinafter set
[ortb.
PARAGRAPH
Property Subject to this De Llaratioo
The roe property which is and stall
be held, eranderrod, sold,
rnnwyed, used and occupied subject to the cowttants, rests ictloes, reserva-
tions, servitudes and easements with respect to the various portions thereof
ee9 forth in the various paragraphs and subdivisions of this Dela ration to
located in the County of Palm Beach, State of Floridas and is mora particularly
deecrihed as follows:
Lots 1 through 16, inclusive, Block 55; Lots 1 through 19, �
incluslw, Block 56; Lots 1 through 7, inclusive
, Block 57;
�
throejh 17inclusiveBlcek
Lots 1 , ,
Sgt
Lots 1 through [I,
r
inclusive, Stock 59; Lots I through
13,
Inclusive, Block -60;
is 1 through 14, inclusive, Block
611
Lots 1 through 20,
lnelusive, Mack 62; Lots 1 through
14,
inclusive, Block 63;
to 1 through 19, Inclusive, Block
64;
Lots 1 through 14,
inclusive, Block 66; Lots 1 through
26,
inclusive, Block 66;
to 1 through 9. inclusivis Block 67; Lots I through 2S,
r
inclusive, Blockbb; and Lets 1 through
IS, inclusive. Block 69:
eo
YACHT CLUB ADDITION to the •.illage o[ North
Palm Beach. Florida, according to the Plat thereof
on file in the office of the Clerk of the Circuli Court,
4a and for Palm Beach County, Florida, in Plat Book
26. Pages 249 through 251, inclusive.
PAII/1GItAPH 2I
Cemral Puraosa of Covetanto
Tke real ptopetty described io Paragraph I beraof ie stbject te
the covenants: restrictions, reservations, servitude► and easements hereby
Iodated to insure the best use Led the most appropriate development and
tmprovemeat of each lot thereof; to protect the owners of lots against such ,
improper use of surrounding lots as will depreciate the value of their
property; to pressrw, so for as practicable, the natural beauty of said
property; to guard against dee erection the teen of poorly designed or
proportioned structures and structures built of improper or unsuitable
materiald, to obtain harmonious architectural schemes; to insure the
hlgbest and best development of said property;. to encourage and secure the
erection of attractive homes thereon, with appropriate locations thereof
on late; to prevent hephaserd and inharmonious improvement of lots; to
scars and maintain proper setbacks from streets and adequate free spaces
between stmclures; and, in general, to provide adequately for a high typo
and quality of improvement in said property, and theraby enhance the
value of investments made by parehasers of lots therein,
Deffffidon of Terms
t. IriIELLING F[OUSTV, BUILDING, Ot7?HUILDINC' The word.
"Dwelling douse" n�d�n std "Ontbnilding" wherever used io this
Derlsratfon shall.be deemed and construed to include both the main portion
of such structure and all projections therefrom, such as bay, bow or oriel
windows, exterior chimneys, porches, stoops, porticoes, and the like,
Including any garages incorporated in or forming a part B:ereof, but shall
oot tnclu if the unsupported eaves of such structures.
2. LOT AND BfeOCKe Its words "Lot" and "Blade" wherever
used in this Decaratieo mesa rend refer to out of the numbered lots or
btoeka of land described its Paragraph 1 bereof, as shown on the pat
heraiaabove rsferrid'to. The numbers following the AOrds "Lot" or
^Hack" refer to the particular lot or lots, block or blocks so numbered
oa the aforesaid plat. 1 .
3e SAID PLAT. The words "SaidPlat" wherevered used in rk;•
Declatvtiou mean and refer to the Pat rot"red to to Paragraph I bereoG
4o SAM PBAPEOTTe The words "Said Property" wherever used
a this Deefaratitasisaa and refer to the property described In the aforesaid
AraHrapk I karsof. .
S. UTl AUL Tbs,tgM." 9alfat:k" wgerever "ad in sin Declare -
fits Masts 1La dfeESaCs4iiaejlgliallts� ktiawiFaeiofka+ atrneklres referred
+d sad the arrest fir"slits es tsar 1Wavf the Partiewar fat.
80.
6. STAB`>cT6 The terms`"ffinet"'ruhe:esus used fathis Declaration
moans and refer'4 to any street; h1ghway„ or other thoroughfabe shown on
acid plat, or contigdous.to the row propnlrty designated on said plat,
wbather dealguatad, thereon ie stregts aweues haalevard, drive, place,
court, road, terrace, way, circle, lanes walk, path or otherwise,
7. ARCHITEGTiJRAI. CJhdMIT$'F�. Tho word• eArehiteetu:al
Gotnmiftee's wherever weed in this Declaration mean and refer to the
Architectural Committee described in Paragraph V 1 of this Declaration.
PARAvRAPIfi IV
Uses Prohibited and Permitted
t, SaiA properly shall not be neral. esus shall any portion thereof lx
used for any purpose other than residence purppses,
2, No buildings othe r thaw a detached single family dwelling hcsav .
sad appurteoaat,outbailding, iholuding garages for private use, shall be
eiected, constructed or mjiiitafned on said property, nor shall any building
constructed or erected on said prgpnriy, be used for any purpose other
thea a private dwelling house or appurtenant outbuilding, including garage
fat private use.
3. No dwelling hove more than two
4. For the purposes of thB Declarations a private garage
stories in
height and no
appurtenant
outbuilding more
{hon
one story, is height
ehnll be erecter.
constructed
or maintained on
said
property.
for We use
of the owners or occupants pf the let upon which said garage is erected
shall be deemed: an outbuilding, and may be erected and constructed on
such lob A private garage may lie incorporated in and made a part of
such private dwelling house as is permitted by this Declaration to be erected
oa the lot. No garage larger than reasonably necessary to accomodate two
(2) cars shall be erected, constructed or maintained on said property, or
arty part thereof.
5. When the construction of any building on any lot is
once begun,
work thereon moat be prosectitad diligently oust it mud be completed within
a reasonable times No building shall be occupied during construction, or
vwill made to comply with all requirements of said Declarations
6. No outbuilding,
garage, shad, tont. trailer or temporary building
of any kind shall be erected, cooatrocteds permitted or maintained on any
at prior to commencement of the erection of such dwelling house,
as is permitted hereby, and no outbuildings garage, sped, tent, trailer
basement or temporary building shill lee used for permanent or temporary
residence perposea, Vrovided, boweveir, that this paragraph shaU not
bs deemed W prevent the eco of a temporary construction shed during
We period of achtal construction of any structure on said property nor
the use of adequate sanitary toilet facilities for workmen which shall be
provided during such constructions
_7_
�i �97'r�478
7. No business of any kind whatsoever ,hall W orectod6 mainuined
opehted, carried on, permitted or conducted on said property, or any
it thereof, and without limiting the. generality of the focegotngs
eo store, market, shop, mercantile astabllahments trading or amusement
•stWishments quarry, pit. uodittaking estWishmento cramatorY,
hamster, radio tower, auto camp, traUer camp or haven, hospital,
puMir bathe, schools kindergarten, or nursery school, "nitsriurns
asylum or institutions aod,00 noxiopss dangerous or offanot" things
activity or nuisaxcs sb&U be erected, m&itdatnads operated. carried
oW permitted or conducted on'eaid property, or any part thereof, nor
shall anything be done thereon which may be, or become, an Annoyance
or a ,tune to the neighborhood.
0. No anhnals, birds or fowl, including but not limited to hogs,
eattleO cowss goats, sbeepO rabbitsr hareem dogs Was pigeons,
pheasantst gams birdso pine fowls or poultry (except as hereinafter
parmitted) shall bg kept or maltMirhed on any part of said property,
9. Dogs, cats, and pet birds confined in cage*, may be kept on
any lot in reasonable numbers as pets for the pleasure and use of the
occupants of said lot, but not for any commercial nae or purpose.
Lr no event shall any roosters, guinea hens or other noisy fowl be
kePC for any purpose on any lot
10. No stable, livery stable, or riding academy shall be
erected, conducted, carried op, kept, permitted or maintained, nor
shall say horses, ponies, donkeys or burros, be kept upon any part
of said real property.
11. No traUsra of any nature shall be kept or stored on any
lot except within an **closed garage. No boats of any nature shall
M kept or stored on any lot in the arae extending from the rear line
of any dwellitig tothe trent pat line, No tracks of any nature shall
be parked overnight on *aid pre)perty except In an enclosed garage.
IL No individual water supply system shall be permitted on :.
gay lot except solely for irrigation purposes or other non-domestic
uM This provision shall be suspended And shall not be enforceable
in any period. or periods dme tiduring which the central water
supply system le not being operated to the satisfaction of the State
Board of Health and/or in accordance with the terms and the intent
of
196'Trust Deeds if &try, governing its operations
13. No individW "wage disposal system shall be permitted
oa any lot This p.mvisios'sball be suspended and shall not be enforceable
W any period or periods of time during Web the central se rap disposal
system is not being operatedto the satisfaction of the Stab Board of
"11h and/or in &scorchers wl& the to etas and intent of the Trust
pend. if AUTO pwrai" its opstations
. DA1tA4 �
wppllpy/1 oraw 'Altp LOC mf or
1. No bnitdiry.`. odgidltlait di*ap. f.Ules walls rateinim walls
oat other stsucku s 01441 d sa enetM: eosistsactsd, placed or
osa nWi sdzon A49000W f"- a any Part'eo"Ots mar ehall.any
t terations Uddttley dwL46; !!Nide/, eoaadelloir or ""It*
1 8$7 mall9
the exterior tbereot be mein, aides* pzior to the commaaceve nS of
-any constractl0tu mcaystion, or other giiorks two complete plans and
spec(ficatioti: tlerefors includiig i'ront, side and rear elevations and
floor plans:for each floor and basement,and two plot plans indicating
Sad Ssitg tlto:exact lueatioti of such structures or such altered structure
on the lot with reference to the Street and' side Tin es thereof shall have
been firm submitted in writing for, approval, atd approved in writing
.by an Arebiteetural Commitiec wlv)se members shall consist of the
.fallowing:
(a) One member appointed by Declarant;
(b) One member appointed by the Village Council of the
Village of North Palm Boacb, Florida;
(c)
OIIe member,
who
shall he aR aschitect licensed to
praetiee
in the. State of
E1or1
da, appointed by Declarant.
.
Io the evert of the 6ilure. refusal or inability to act of any
member appointed by Declarant, and inthe event Declarant fails to
LTU any such: vacancy witliic thirty, (30) days of such aeeurranee, the
Villagd Counciland the Village. of: North Palm Beach, Florida shall
Lill any such vacancy by the appointment of such membere.
The Archftectural Committee shall approve only those plans
awl specifications which shall meet the minimum standards required
bl the Building Code of.the Village of North Palm Beach, Florida,
as revised or amended from time to time.
2. Such plans and specifications shall provide for the installation
of concrete sidewalks five (5). Leer in width and adequate approaches
or turnouts, which sball meet the minimum standards required by the
VMager of North Palm: Beach, Florida, and an revised or amended by
said Village from time to time• Such installation of sidewalks and
approaches or turnouts shall be completed prior to occupation of the
dwelling by its occupants.
3. No root of any dwelling o:t outbuilding shall have a pitch of
as than 1,. St12, provided,. however, that with the prior written
consent of the Architectural Committee, attached garage*, porches
sad mr portes may lave a pitch io approved by the Architectural
Committee.
4. Approval of plans, specii'ications and location of buildings
by the Architectural Committee *hall be endorsed on both sets of
said plans and specifications, awl pone set shall forthwith be returned
by the Architectural Committee to the person submitting the same.
5. The approval of the Architectural Committee of plans or
specifimttoas-submitted for approval as herein specified, shall
not be deemed to be a waiver by the Architectural Committee.of
the right to object to any of the Lsatdres or elements embodied in
each plans or specifiations if and when the same features and
elemints ase embodied in any sub%*gw at plans and specificationq
submitted for approval for use on other lots.
.5-
:'1
3.:
l :YN ii�i�e714iY.lWG{
..fnii.''i,w�Il
b. Atter each plans and speclfica2lons and other data submitted
have been approved by the Architectural Committee, no building, Jute
building, garage, fence, wall, retaining wall, or other structure of any
triad shall be erected, constructed, placed, altered or maintained
upon said property unless the same shall be srectcd, constructed
ar altered in conformity wim the plans and specifications, and plot
plana theretofore approved by the Architectural Committee or its
duly appointed agent, as provided in Paragraph V hereof. If any
buildfeg, outbuilding, garage, fence, wall, retaining wall, or other
structure of any kited shall be erected, constructed, placed, altered
or maintained upon said property other than in accordance with the
plana and specifications and plot plan therefor, approved by the Architectural
Committee, such erection, construction, placing, alteration and
maintanance shall be deemed to have been undertaken without the
approval of the Architectural Committee ever having been obtained as
required by this Declaration,
7. (a) After the expiration of one year from the date of completion
of any structure or alteration, such structure or alteration shall be
deemed to comply with all, of the provisions of paragraph V hereof
nnlean notice to the contrary shall have bean recorded in the office of
the Clark of the Circuit Court, in sal for Palm ]Mach County, Florida,
or legal proceedings shall haw been instituted to enforce such compliance.
(b) In the event that the Architectural Committee shall fail, for
a period of thirty (30)days to approve or disapprove any plans, apecificationa,
or plot planes submitted to it for approval, the same shall be deemed
to
have been approved.
& Any agent or member of the Architectural Com,nittee may at
any reasonable time enter and Inspect any building or property subject
to the jurisdiction of the Architectural Committee under construction
or on or in which the agent or member may believe that a violation of
thIs covenants, restricttooI reservations, servitudes or easement Is
occurring or has occurred.
99 prior to the occupancy of any dwelling constructed or erected
0o any such lot, the prospective occupants thereof shall obtain a Certificate
of Occupancy iseded by the Architectural Committee certifying that the
construction thereof has been completed in accordance with the plans
and specifications approved by the Architectural Committee. No dwelling
shall be occupied prior to the issuanceofsuch Certificate of Occupancy.
This Architscdtral Camtmittaa my, from time to time, delegate to a
parson or persons right to approve or disapprove the plans and speci.
fications and plot plans and to Issue such Certificate of Occupancy.
PAILAOAAPI3 VIVI
getbacks sal Ysas.:3paess of Bttlldings
I.. No ow da g, dud no .9 97 6nllding sal no structure or
object J hall: bw eriebd . placed or maintained nearer than'twenty4ive
(2S) feat to tat::tront'liae oC aLy lei ip- &e. following described property:
Licit* 9 ffiraa4kt16r jactuaire Block SS; Lots 1 through 3,
toMwfvt Lkd�Lota �g smd,IS 4
glocii'btl;: Leta I through 3,
ixleaivt and Lott lg (t - - Its fnelaaiw. Hlock 621
Lott l and 9 jj d .Lata I tlerough 4.
iteliit'}v» {+plt1'� �P�11iq sins;. J3loek 66;
and` Loq ifh�nliiClt to the village
tree «udi " t a. Ash I heratiL
structure
rty ()0)
,. n ... . Ipts 1 tltrot h g. I6tlusiwr Aloc]sP Lents 1 through
19, inylusira 8194 56 >:RNe l tltgh T, tgcluiive:
Block 57: late f)},arpjrgjl }� f4f14,sivw, AloEk
hats y'tifrongb�ll, j,�e}uNdgl 1►1n�k60. Lata'l.Wmush
140 iapinatvo, Atocft6f: l.Qtit 4't5roualf lY,' li {!litaive,
Dloe1152: Loto 1 thiait)(it iii tpcl)isiq: Hlock:63t-
Lots alta 1k Acluolvii $look 64: Lots 7 yitough
Ib Igclaefve, Alopi�SS1 iI Y«}'.ytrou4li 17, litc>;g fve.. Block
660 Lgts 2 lh pug6 i�i. fgcFaiijGe, lf)Sek671 and I Gt■ 1
ts"Yo 45, Indusiips,, i~1Vplt Eli, TA iT C4 j8`ADDMON
to the IVia"of of Norm lratrh Deacb, as setfprkh In
Parsee& 4 '
3o No buildfnh and:np ad4ltfiin:to any buildjng, and no structure
or object shall b erectedp)siced'aY tnligtafa4d t�sr tban thirty five
(JS)
tacit to ma,fr'oritilien of, a� 2e;jh, ijl* kl, itIhg,described property:
Lots I,througb 17 ihclusiye Block 58 and Lots
1 m:o ylh is satldsita Algck apell +Y. CLOG
ADD}rTION16 the f(fy gw dfiYtotwi PaYat Reach.
to set forth in Paragaph l,.
4. En chs. cess of Cfsrasr 1pts, �f1» !soot Lias ,ball be that
line
adjoining,% straht.havi g a sltiarter diofenifotof any such lot as shown
on mid Plate
54 huilding and Eo additiolr,to any building sad " structure
or object shall bo stetted platbrl yr epsuitataed on my lot nearer than
ten (lo) met m ibe'�.ide snd.twepty (40)set te, the back lies of any let.
§creeved enclasurse maybe erected and maintained within said side and
scar setback area*m. prq.nded er:said sareSn,d enclosures shall out be
,rected or aiotafnad neartiiau five'401cet to the side or back line
at any Into .
6,' Swimming pools, me highest projcctfon of %vhich shall not
ercoed two (2)_ioet, outdoor f(rsplacae not m exceed sir, (6) feet in height,
and detached raragoo not msce ;tt'aell,,00e `(3) sotry is heightk maybe erected
and maintained wib" said r"i se*i* eras provided such swimming
pools,-onlcdoor;tiriplaees'snd; deft .& 04 geraies ,tial! not be erected and
enaintaipad nearer; than saven.a_ ad tuns -!calf Cf 1/2) feet to the rear line
of any such lok ..
7, Malls, tones not to -uxeesd,four (4) feet in height, and
hedges *hall not ba.. subject to dw t.5regoing "thick restrictions*
g,Anything. in this. parsgrapb,' Vi to the contrary notwimeranding,
In me event oneriel, or a portion tieraot, ;and the whole or a portion of
a eontij�uous.lot,. all in one OuwasrRM"j4 fball be used as one building site
for one structure.{ad its apgv*2 o oittboildirrg• permitted by this
1)e<laratlon )Iters ithila sa owesd tlNd "lives and the rear
live of such site -Asti; 46ii mer putpwsssr. oltbis'�PLragraph Vl, be deemed
to be the side lot -lltie:ag,a:tt sr rear C line of such site.
.7�
IAME a
PARAGRAPH Y11
Area Im ravemeots and CoantrucNon Materials
Of slte Parkin
1. No single family dwelling honae having a ground floor square
Coot area (exclusive of porches, terraces, porticoes and patios) of leo
than one thousand four hundred fifty (1450) square feet shall be erected,
wnstructed or mainWued upon the following described property:
Lots 9 through 16, inclusive, Block 55; Lots 1 Ihrongh 3,
fnclueive, and Lots 12 and 13, Block 60; Lots 1 through 3,
inclusive, and Lots 18 through 20, inclusive, Block 62;
Lots 1 and 2, and Lot 19, Block 64; Lots I through 4,
inclusive, and Lots 16 through 25, inclusive, Block 66;
and Lot 1, Block 67, YACHT CLl1H ADDITION to the
Village of North Palm Beach, as set forth in Paragraph L
- 2. No single tamlly dwelling house having a ground fl
oor aqua re
toot area (exclusive of porches, terraces, porticoes and patios) of lose
than sixteen hundred square feat (1600) shall be erected, constructed or
maintained upon the following deseribad property:
Lots 1 through 8, inclusive, Block 55; Lots I through 1
9,
inclusive, Block S6; Lots 1 through 7, inclusive, Hlock 57;
Lots 1 through- 11, inclusive, Block 59: Lots 4 through il,
inclusive, Block 60; Lots 3 through 12, inclusive, Block 61;
Lora 4 through a, inclusive, and Lob 13 through 17, inclusive,
Block 62; Lot* 3 through 12, inclusive, Block 63; Lots 3 through
8, Inclusive, and Lots 13 through 16, inclusive, Block 64;
Lots 3 through 18, inclusive, Block 65; Lots 5 theough 9,
inclusive, and Lots 14 through 17, ftulusive, Block 66;
Lots 2 through 9s inclusive, Block 67; and Lots i through
Z0, inclusive, Block 68; YACHT CLUB ADDITION to the
Village of North Palm Beach, as not forth in Paragraph L
No single family dwellfug hove having a ground
floorequare
toot area (exciwive of porchef, terraces, porticoes and patio) of lees
than eighteen hundred (1600) square feet shall be erected* constructed or
maintained upon the following described property:
Lots 1 through 17, inelns[w, Block 46: Lots 12 through
17, inclusive, Slack S9: Lgte L, 2, 13 and
1
4, Block 61:
Lots 9 through 12, inclusive, Block 62: Lot& 1, 2, 13 and 14,
Block 63; Lots 9 through 11, Both inclusive, Block 64;
Lots 1, �ZZ 13 and 14, Block 65: Lots 10 through 13, inclusive,
Biock 66; Lots 21 through 25, inclusive, Block 68; and
Lots 1 thrqugh 15, inclusive, Block 69; YACHT CLUB
A)Drrt6N to the Village of Blorth Palm Beach, as set forth
in Paragraph L
4. When • single car Port or single garage is attached to the
dwelling house, the required
grand floor area tray be reduced by 100
square Get.
When a double garage or doulde carport is attached to a dwelling
pause eirletod on salFpro"rty. .� required ground floor area may be
rs Wead by I50 egnare:feek'
5. Unless and until written arulhoriation shah De obtained
lMen the Architecttitral Committee# no rephdanee building, outxiildinh,
garage of other struetpre shall be co'aetrutted of any =04de i except
new, material. No previously coAatructed structure shall be imoyed er
aid premises lrmn another locution.
6, No dwelling hoate shall be eructed without providing a
Parking space consisting of a,dut4bfe surfaced area, enclosed in the dwelling
house, in an outbuilding, or uneuclosed sufficient in size to store one (1)
standard automobile, exclusive ofe sarLtced drivewaT.toonacting the parking .
space with a street and po rmitting ingre as and agrees of an automobile,
PARAGRAPH VIII
Luta
Not more than one dwelling unit *bell be erected, constructed
or maintained upon any qpe lot,or upon any building site coasisting'of one
or more lots, an of one lot and part of another or of contiguous parte
of two lots which win form an integral unit of land suitable for use as a
bAiding site for a dwelling. No building site. Shan consist of less land
than is contained in one of the lots in the block in which such siti Is.
located. No resubdivision shall be parmltted except as aforesaid-
, Re
foresaid,
,
I. No title W land in
Re eerntions, Rigbte
otWay,
and Addittnoal Reatrtetlons
any etredt is intended to be rnaveyed, or
,ball be conveyed tothe grantee under any deed, oz bo the purehaeer under
any contract of purchase, unless, expressly so provided In such deed or
contract of purchase.
2. Easements& reservations and rights of way may be
reserved by Declarant. Its successors asd assigns, is any conveyance
it or they may make of said property or any portion thereof,
3. Declarant may include in any contract or deed hereafter
made additional protective covenants and restrictions not inconsistent
with those contained herein.
4, No dwelling house, garage, outbuilding, or other strucb re
of any kind *ball be bunt, erected, or maintained upon any easements,
razervatioas or rights of way, and easements, reservations or rights of
way absil, at an times, be open and aeceseible to public and quasi -public
utility corporations, and other parsons atecting'. constructing or servicing
cath utilities and yussi-public utilities, and to Declarant, its successors
and assigns, all of whom Shall have the right of ingress and agreenthereto,
sad therefrom, and the right ittd privilege of doing whatever may be necessary
in, under and upon said locations for the. carrying out of any of the purposes
for which sand easements, reservations and rights of way are reserved,
or may hereafter be reserved,
PAR/1GRAPH X
. 9i es
. No signs, or other advertising davit* of any character shall
ha erected, posted, paspd, displayed or permitted upon or about any
part of said property except one signoof not more than five (5) square feet
in area, advertising the property, for ala or rent, and signs used by a
bulkier tq advertise the.property darfgg construction and sales period,
providedo however, that any sails buildatn• signs shall be subject to
_q.
approval hY the Architectural Committee,
PARAGRAIeki XI
SeoPe, Duration of Cowtunts, Paatrl<tion
Reservation, 3ervltndes and Zasementse,
1. All of the covenants, rdstrictions, resezvatione, servitudes
and easements set forth in this Declaration are imposed upon said property
for the direct benefit thereof and of 114. owners thereof as apart of the
general plan of development, improvemept, building, equipment and maintenance
of said property. Bach grantee or purchaser under a contract of sale or
agreement of purchase, accepts the same subject to the covenants, restrictions,
reservations. servitudes and easements set forth in this Declaration, and
agrees to be bound by each such covenant, restriction, reservation, servitude
had easement, Said covenanta, restrictions, reservations, servitudes and.
eaaameat! shall run with the land and continue to be in full force and effect,
excapt as hereinafter provided until the first day of Januarys 1981.
$aid covenants, restrictions, reservations, servitudes and
easements aware in force on said first day of January, 1981, *ball be
continued automatically and without further notice from that time for a
period of ten (10) years and thereafter for successive periods of ten (10)
years each, without limitation, unless within site months prior to th-
ecpiratlouof any successive period of ten (10) years thereafter, a written
agreement executed by the then record owners of lots in the property subject
to this Dsctamrion, having an aggregate area equivalent to not less than
fifty 150) per cent of the area of the total number of lots then subject to this
Declaration shall be placed on record in the office of the Clerk of the Circuit
Court of Palm Beach County, Blorids, in which agreements any of the covenants,
restrictions, reservations, servitudes and easements may be changed,
medified, waived or extinguished in whole or in part, as to all or any part
of the property then subject thereto in the manner and to the extent therein
provided.
2. Io the event that any such written agreement of
change or
moditicatlon ba fully executed and recorded, the origiul covenants,
restrictions, reservations, servitudes and easements as therein modified
shall coutiws in force for successive periods of ten (10 years, each unless,
and until, further changed, modified, or extinguished, in the manner herein
provided.
3. Damages are hereby declared not to 6e adequate compensation
for any 6rsach of the covenant.. reatrie6oas. resezvationa, servitudes,
or easemante of this Declaration, bat such breach and the continuance
thereof may be as40ined, abated and rimed ad by an proceedings
fry the Declarant, the Architectural Committee, or by an owner of any tot
in said.propertye
PARA131hAPFY )13
I
Any of Mia eoearht►, rs�l iklcticos . resesvatiops, servitudes
and �as�twtttr coe�tA[a.d in Wii fYsk31A�l/Hon, sotdiptf4'ete set forth in sub-
diHs)oss' Y, i '7 6';,� !0 •lit, f�tfiA413. of Paragraph IV xttay be annulled,
walasd,_ c4teged or moQ ted 1 1001H 10 ,411. or any portion of said Property
by Afr]a;atli.. 'rrilti, ittljt6ltlk,sptt ' 14q the, owasr or otrmers of record of the
propargr b erh[cb. sorb a fW}uM»�,g;MlMjaari- 't.hgiagt nor modification shall apply.
gubotdlg�ticad.COPwntas Jlestrlctions, AeservatWM�
mei ►rd"�aaaounts
All of the mveaanta. reotFietioni. resesvatlona, servibede• sal
euements set forth in ddo Dec"ratioe shall 1w sublact to and subordinate
to soy recorded mortgage or deed of trust in.good h1th said for value at
any urns heretofore or hereafter executed covering any port of said property,
sad the branch of any each cov*aaots, restrictions, tof*rvadons, servitudes
sod easements shell not defeat the lien or encumbrance of Any such mortgage
or deed of trait; provided. howavers the purchaser at any foreclosure rale
undbr say such naortpge or daed.of trout, hisorits successors and assigns,
shall take and thereafter hold the title subject to all of the covenants,
restrictions, reservations, servitudes had easements not forth in this
peclaration.
Violatloas of Covenants. ResMetions, IteservaN.ons,
Servitudes sad 1La6e11340ts
A brush or violation of any of tire -covenants, re
strictions,
reservatiogas servitudes and augments rMll:.give to the Declarant and
to the Architectural Committ so joirAy and severally, the right to immediate
entry upon the property upon which each violation exists, and summarily to
abate and remove, at the expense of the owner thereof, any •rection,
atructars, building, thing or condition dint may be or exist thereon contrary
to this Declaration, and to the true intent and meaning of the provisions
hereof, and the Declarant or the.Archltaetural Committee tball not thereby
ha deemed guilty of any Messer. of "Spas* for such entry, ahatament or removal,
nor .hall the Declarint or the Architectural Committee be Mable for any
damages occasioned fhaxebys The result of every act of omission or commission
or the violation of any covenant, restrictions reservation, @@rvimdeund
sesemeot hereof, whether such covenant, restriction, reservatioo,
servitude and easement is violated in whole or in part, is hereby declared
to be and to constitute a nuisance, and every remedy allowed by law or
equity against a nuisance, either public or private4 shall be applicable
against say such owner of any lot, and may be prohibited and enjoined by
injunctions Bach remedy @hull be deemed cumulative and Got exclusive*
where sq action, cult or other judicial proceeding is instituted
or brought foe the entorcemeat o[ ffiese eownaats, restrictions. resernti
ons,
servitudes and ussmesp, the losing party in such litigatloe &ball pay all
expenses, including a reasonable attorneys' feet incurred by the other
paM in such legal proceeding,
Tbs prevulon■ eoealeed to this Deetareticn .batt bind sad laure
m the hxeMQt of and W eaforceabla by the Dsclasaot. tie AeohiteeMPl
CwamitNas or by tbs nether or amara of any portion o! etid property, their
and each of their legal repreeenta Ves; Mires, successors and sssigass
and I*Uu" by Ds*latants th aeArchttectural Committees cv by the owner
or owner* of say portionat sat property or their legal repreaentstivee,
hair*, ouecessora or ateips, to enfovea any of such e*renaata, re ametlons.
nrarvatious xg Mt,idgs and a towmante herein contained shall4 in no everts
les deemed a waiver of fns right m do so tberoafter, unless otherwise
herein provided, .
A!� se s•s
FARACigAPli XVI
Aufgsment of Powers
My and all rights and powers and reservations n[ Gu Declarant
herein contained may be deeded, conveyed or assigned to another corporation,
co-partnerebip or individual and upon such corporation, co -partnership or
individual evidencing its consent in writing to accept such assignment and
to assume such duties and powers, it shall, to the extent of such deed,
conveyance or assignment, have tha same rights and powers, and be
subject to the same obligations and duties as are given to and assumed by
Declarant herein and.thereupon Declarant shall be relieved of the
performance of any furtherduty or obligation hereunder to the extent
o[ such deed, conveyance or assignment.
in the evens Declarant shall convey all o[ its right, title and
interest in and to the sat property described in Paragraph 1 hereof and
shall assign all of its rights, powers and privileges under this Declaration
to another corporation, co -partnership or individual and such assignee
should, by instrument in writing duly executed, acknowledged and
recorded in the office of the Clark of the Circuit Court of Palm Beach
County, Florida, accept sucb conveyance and seswne and agree to be bound
by each and all of the obligations and duties hereby imposed upon the
Declarant, then and in that event Declarant shall be relieved of the
performance -of any further duties or obligations hereunder and au�h
that corporation, co -partnership or individual shah succeed to all of the
rights, powers, reservations, dbligations and duties as though such other
party bad originally been named as Declarant instead of Declarant.
PARAGRAPH %Vl[
Headings
Marginal Notes and
of L'aragrapbe
The marginal notes and headings as to the contents of pa rtieular
paragraphs are ieserted,onty as a matter of convenience and for reference,
and in no way are, or are they intended to be, a part of this Declaration,
o: in any way define, limit or describe the scope or intent of that particular
section or paragraph to which they refer,
PARAGRAPH
XVIII
of this
The Variaw Parti
Declaration Are Severable
In the agent of
any clauen, subdivision, term, provision or part
of this DealasaUon being adjtid/e►tetl by Linal judgment o[ any enure o[
compoteat jurisdiction to be invalid or unenforceable, then disregarding the
paragraph, subdivision, terms provision or part of this Declaration as
adjudieated,to be invalid.or unenforceable, the remainder of this Declarations
nal each and all ofits terms and pmavieions not so adjudicated to be invalid
or unenforceable, shall remsfu in 60 force and effect, and each and all
of the paragraphss subdivisionst tarns, provisions or parts Of this
I)'eclaration are hereby declared to be severable and independent of each
other.
IN NITN$SS AFiZRDDF,.the �(rties.baw cawed
to 6e sisoed and uilad this /0
dn.y of %. a�GYmdt ',J. 196E
Siad, ceded and daliwrid [n TiO.AT"u
the presence e[: dl.,
CC
/ Psesi
�7 0���
WOW,
9lgn.A.. eea1W ad detlwto to
•he presence oft
2,
r hPLr%1%
M to Owners
STATE OF FLORIDA )
:SS
OOUNTY OF PALM BEACH)
ViYgin, 's"Y" I "lower 4 Pae Baler.
Baale�ti, 4iWM:Qao. r fiy!lvMw HelghtI
Lt tee A Itomie,'8tee . Belvedere Inde
Co FPO 110WHO{.ifvw"sbe* , Belvedere
Holdi", Cluj v!L WwiM We Blakeslee.
as Track��,-- bsslaegp as NORTHLAKS
ealoa tm, 'eha nnderalgoed, personaLLy appeared JOHN A.
9OHWENCitE, President of NORTH PALId BEACH PROPERTIE8, INC, ,
to me well known andknown to be the person described in and who executed
the foregoing as such officer and aelawwledgad before me that he executed
ffia exons freely and voluntarily no behalf of said corporation for the purposes
therein expressed and that he affixed thereto the corporate seal of said
corporation; all under authority vested in said officer by the Board of
Directors of said corporation.
WITNESS my head and official seal this /
1961.
�4d �
tary Public
kty commission expires: 574 l
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
Before me. th
e undersigned, personally eppea.
SCHWEHCItE, attortuy in face foe Virginia Gtavlin Btown, i`
Bunker Ranch Homes, Inc*. Oolfview Heights, Inc., Selveders:-
tea, Belvedere Industrial Corp.. Forest Hill Homes. Inc.. Be.
Holding Corp, and William We Blakeelee, as Trusteev doing business
as NORTHLAIM PROPERTIES, So me well kowa and knovro to be the
person described In and who executed the foregoin g as such attorney
in fact, and acknowledged before me that it was execdted freely and
voluntarily for the purposes therein expressed,
WITNESS my hand and official seal this �'"�d[y of X'•'rr off
196I.
Notary Pts 'ic . • _
My commission expires:,_,
�
L3
o�
1961.
�4d �
tary Public
kty commission expires: 574 l
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
Before me. th
e undersigned, personally eppea.
SCHWEHCItE, attortuy in face foe Virginia Gtavlin Btown, i`
Bunker Ranch Homes, Inc*. Oolfview Heights, Inc., Selveders:-
tea, Belvedere Industrial Corp.. Forest Hill Homes. Inc.. Be.
Holding Corp, and William We Blakeelee, as Trusteev doing business
as NORTHLAIM PROPERTIES, So me well kowa and knovro to be the
person described In and who executed the foregoin g as such attorney
in fact, and acknowledged before me that it was execdted freely and
voluntarily for the purposes therein expressed,
WITNESS my hand and official seal this �'"�d[y of X'•'rr off
196I.
Notary Pts 'ic . • _
My commission expires:,_,
�
L3