TERMINATION OF DECLARATION OF RESTRICTIONS

Transcription

1 After recording return to: Robert M. Poppell, Esq. Akerman LLP 420 South Orange Avenue, 12th Floor Orlando, Florida Telephone: (407) [SPACE ABOVE THIS LINE FOR RECORDING DATA] TERMINATION OF DECLARATION OF RESTRICTIONS THIS TERMINATION OF DECLARATION OF RESTRICTIONS ( Termination ) is made and entered into as of the day of January, 2016, by K. HOVNANIAN REYNOLDS RANCH, LLC, a Florida limited liability company ("K. Hovnanian") whose address is c/o K. Hovnanian T & C Homes at Florida, LLC, 3601 Quantum Boulevard, Boynton Beach, Florida and CHECKERBOARD ACRES, INC., a Florida corporation ("Checkerboard") whose address is 6671 W. Indiantown Road Jupiter, Florida (K. Hovnanian and Checkerboard are hereinafter referred to collectively as the "Owner"). RECITALS A. Owner is the fee simple owner of the real property described on Exhibit "A" attached hereto ("Property"). B. The Property is encumbered by, and includes all the property encumbered and benefitted by, that certain Declaration of Restrictions recorded January 11, 1985, in Official Records Book 4441, Page 1656, Public Records of Palm Beach County, Florida ("Declaration"), a copy of which is attached hereto as Exhibit "B", which Declaration was imposed upon the Property as a condition of receipt of various development entitlements. C. In connection with the re-zoning and re-development of the Property, Palm Beach County (the "County") has agreed to release the Property from the Declaration and Owner desires to evidence of record the termination of the Declaration.. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and, by this reference, are hereby incorporated into this Termination. 2. Termination. Effective as of the date hereof, the Owner hereby agrees and evidences of public record, that the Declaration is terminated and all of the terms, conditions and provisions contained in the Declaration shall be of no further force or effect as to the Property referenced herein. 3. Joinder and Consent. In accordance with the terms of the Declaration, by its execution of the joinder and consent attached to this Termination, the County hereby acknowledges that is has reviewed this Termination and consents to same. IN WITNESS WHEREOF, the Owner has executed this Termination as of the day and year first written above. Witnesses: "OWNER" K. HOVNANIAN REYNOLDS RANCH, LLC, a Florida limited liability company Page 60

2 By: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of January, 2016, by, as of K. Hovnanian Reynolds Ranch, LLC, a Florida limited liability company on behalf of such company. Said person (check one) [ ] is personally known to me or [ ] produced as identification. Notary Public, State of Florida Commission No.: My Commission Expires: Page 61

3 Witnesses: "OWNER" CHECKERBOARD ACRES, INC., a Florida corporation By: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of January, 2016, by, as of Checkerboard Acres, Inc., a Florida corporation on behalf of said corporation. Said person (check one) [ ] is personally known to me or [ ] produced as identification. Notary Public, State of Florida Commission No.: My Commission Expires: Page 62

4 JOINDER AND CONSENT TO TERMINATION OF DECLARATION OF RESTRICTIONS The undersigned hereby joins in and consents to that certain Termination of Declaration of Restrictions to which this Joinder and Consent is attached ("Termination"), and hereby acknowledges, and consents and agrees to, the termination of the Declaration as described therein. APPROVED and ADOPTED by the Board of County Commissioners of Palm Beach County, Florida, on this the day of February, SHARON R. BOCK, CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney Page 63

5 EXHIBIT "A" A PARCEL OF LAND IN SECTION 12, TOWNSHIP 41 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 12, LESS THE WEST FEET THEREOF AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 12, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 7, AS SHOWN ON THE REPLAT OF JUPITER FARMS AND GROVES, AS RECORDED IN PLAT BOOK 24, PAGE 7, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Page 64

6 EXHIBIT "B" Page 65

7 Page 66