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2004-171
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2004-171
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Last modified
9/7/2016 1:30:13 PM
Creation date
9/30/2015 7:52:10 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Declaration of Covenants
Approved Date
07/20/2004
Control Number
2004-171
Agenda Item Number
9.A.1
Entity Name
Waterfront Development of Sebastian LLC
Subject
Appeal of P&Z
Area
Lots 1,2,3,and e 25'Lot 4 Block A Ercildoune Heights
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
4189
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reference . 1 . That the above recitals are true and are incorporated herein by <br /> 2 . The Owner hereby declares and voluntarily covenants and agrees <br /> that notwithstanding the OCR zoning of the Property, the following restrictions shall <br /> apply to any development of the Property : <br /> (a) Lots 2 and 3 , Block A, Ercildoune Heights Subdivision, according <br /> to the plat thereof as recorded in Plat Book 3 , Page 74 , Public <br /> Records of Indian River County, Florida, shall be used only for <br /> single-family residential dwellings and for no other purpose . No <br /> multi-family, business or commercial structure may be erected on <br /> Lots 2 and 3 . <br /> 3 . Amendment and Modification. This Declaration of Restrictive <br /> Covenants may only be modified, amended or released as to any portion of the Property <br /> by a written instrument executed by the owner of the fee simple title to the Property to be <br /> affected by such modification, amendment or release, providing that the same has been <br /> approved by proper application and approval of the Board of County Commissioners or <br /> then governing body . <br /> 4 . Term of Covenant. This voluntary covenant on the part of Owner <br /> shall run with the land and remain in full force and effect and shall be binding upon <br /> Owner, its successors and assigns , unless modified, amended or released. <br /> 5 . Inspection and Enforcement. It is understood and agreed that any <br /> employee of the County shall have the right to inspect at reasonable times to determine <br /> whether the Owner is in compliance with the conditions of the Declaration . The County <br /> shall have the right to enforce this Declaration of Restrictive Covenants at law or at <br /> equity . The prevailing party in any action or suit to enforce this Declaration shall be <br /> entitled to recover costs and reasonable attorney ' s fees . This enforcement provision shall <br /> be in addition to any remedies available under law. <br /> 6 . Severability . Invalidation of any one of these covenants by <br /> 2 <br />
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