HomeMy WebLinkAbout2016-209 This instrument prepared by
and return to
Bruce Barkett,Esq.
Collins,Brown,Barkett,
Garavaglia&Lawn,Chtd,
756 Beachland Blvd.
Vero Beach,FL 32963
FIRST AMENDMENT TO DECLARATION OF
RESTRICTIVE COVENANTS
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
is made by Windsor Properties, a Florida general partnership, ("Owner"), and is approved by the
Board of County Commissioners of Indian River County, Florida ("County").
WITNESSETH:
WHEREAS, Owner recorded that certain Declaration of Restrictive Covenants in favor
of County on February 2, 2009, at Official Records Book 2317, Page 2223, Public Records of
Indian River County, Florida ("Declaration"), with respect to certain property in Indian River
County consisting of 8.93 acres, more or less, legally described on Exhibit "A" attached hereto
and made a part hereof("Windsor Property"),- and
WHEREAS, the Declaration restricted the Windsor Property to a residential density of
one dwelling unit per acre; and
WHEREAS, the subject property has been approved for development by Indian River
County as the Windsor Beachside - Plat 27 - Phase II - Planned Development (the "PD"); and
WHEREAS, Owner has applied to the County to amend the PD to add a second housing
type, resulting in a modest increase in density; and
WHEREAS, County has agreed, pursuant to the terms of the Declaration, to permit
modification of the Declaration to permit residential density to be increased to up to 3 units per
acre;
NOW, THEREFORE, for and in consideration of the foregoing recitals, the Owner
hereby agrees and declares, and the County hereby approves, the following First Amendment to
Declaration of Restrictive Covenants:
1. The foregoing recitals are true and are incorporated herein by reference.
2. Section 2 of the Declaration is hereby amended to read in its entirety as follows:
i
2. Density Restriction. The Owner hereby declares and voluntarily
covenants and agrees that the following development restriction
shall apply within the Windsor Property: Residential density shall
be limited to three (3) dwelling units per acre.
3. In all other respects the Declaration remains in full force and effect. To the extent
of any conflict between the Declaration and this First Amendment to the Declaration, this First
Amendment shall prevail.
IN WITNESS WHEREOF, the undersigned has executed this First Amendment to
Declaration of Restrictive Covenants on this day of , 2016.
Signed, sealed and delivered
in the presence of:
Windsor Properties, a Florida general
Print Name partnership
By: Torwest, Inc., a Florida corporation,
General Partner
Print Name
By:
Name/Title:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
, 2016, by . the of
Torwest, Inc., a Florida corporation, General Partner of Windsor Properties, a Florida general
partnership, who is personally known to me or has produced as
identification.
(Notary Seal) Notary Public
My Commission Expires:
STATE: OF FLORIDA _., •__,ea_._.__
•,•"•p�SMISs`' INDIAN RIVER COUNTY
:Jt,• P�; THIS IS TO CERTIFY THAT THIS I,5
O: A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS I
*; OFFICE
J FFREY R ITH CLERI,
p`r! BY
, wf '�- .•�O DATE « ,-1 L�
Approved by: • BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Jason E Bro , County Administrator J sep E. Flescher, Chairman
BCC Approved: De,ember 20, 2016
Approved as to Form and Legal Sufficiency
Attest:
Jeffrey R. Smith, Clerk of the Circuit
Court
William K. DeBraal, Deputy County A' �i• /
Deputy Clerk
•• `Q/I�FRCOUIlN,���•
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 20th day of
December , 2016, by Tssepb F._ Fl escher , as Chairman of the Board of County
Commissioners, and Leona Allen , as Deputy Clerk, for Jeffrey R.
Smith, who are personally known to me or who have produced
as identification.
(Notary Seal) Printed N e: Misty L. Pursel
My Commission Expires January 11, 2018
Commission No. : FF65450