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` Prepared by and return to : , <br /> Name : Bruce D. Barkett, Esquire <br /> Address : Collins, Brown, Caldwell <br /> Barkett & Garavaglia, Chartered <br /> 956 Beachland Boulevard <br /> Vero Beach, FL 32963 <br /> Tele : (772)231 -4343 <br /> DECLARATION OF RESTRICTIVE COVENANT <br /> THIS DECLARATION OF RESTRICTIVE COVENANT by Waterfront <br /> Development Of Sebastian, LLC a Florida Limited Liability Company, ("Owner") , in <br /> favor of Indian River County, a political subdivision of the State of Florida, (" County") . <br /> WITNESSETH : <br /> WHEREAS , Owner holds fee simple title to certain property in the County which <br /> property is referred to as the Waterfront Development Property (the "Property") and <br /> legally described as follows : <br /> Lots 1 , 2, 3 , and the East 25 ft. of Lot 4, Block A, Ercildoune Heights No . 1 , <br /> according to the plat thereof, as recorded in Plat Book 3 , Page 74 , Public Records <br /> of Indian River County, Florida, together with that part of submerged lands <br /> described in Official Records Book 210, Page 665 , Public Records of Indian <br /> River County , Florida, lying adjacent to said Lots 1 - 3 and the East 25 ft. of Lot 4 , <br /> Block A . <br /> and ; <br /> WHEREAS , the Waterfront Development Property is designated C/I <br /> (Commercial/Industrial) on the County ' s Land Use Plan; and <br /> WHEREAS , the Owner is presently the applicant before the County for rezoning <br /> of the Property to OCR (Office Commercial Residential), which zoning is permitted <br /> within the land use designation; and <br /> WHEREAS , the Owner desires to make a binding commitment to assure that the <br /> Property shall be developed in accordance with the provisions of this Declaration. <br /> NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees <br /> and declares as follows : <br /> 1 <br />