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45-97 ORDINANCE NO. 45-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-l-A, AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE DEFINITION OF THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 101.15 of the City Code provides for definitions as it pertains to municipal beaches, parks and recreation sites within the City; and WHEREAS, the City Commission of the City of Delray Beach desires to certify the boundaries of the municipal beach and to incorporate the additional property within the definition of "Municipal Beach" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation", Section 101.15, "Definitions", ©f the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES Section 101.15 DEFINITIONS. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. "MUNICIPAL BEACh". Ail the fractional east half of Section 16, Township 46 South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13 lying east of SR A1A, as described in a replat of part of Segers Addition, recorded in Plat Book 16, Page 89, Palm Beach County records; and that part of Lots 4, 5, 6~ ~ 7, and 8, Block E and the south 10 feet of Lot 3, Block E, as described in the Revised Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat Book 7, Page 38, Palm Beach County records, all lying east of the east curb of State Road A1A (Ocean Boulevard), including the waters of the Atlantic Ocean within the boundaries of this City. "PARK". Any land owned or controlled by the city under the management and administration of the Parks and Recreation Department and devoted primarily to outdoor recreation activities. "RECREATION SITE". Any facility, except a park, owned or controlled by the city, under the management and administration of the Parks and Recreation Department and devoted primarily to indoor recreation activities. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 4th day of November , 1997. City Clerk First Reading 0ctober 21, 1997 Second Reading November 4, 1997 - 2 - Ord. No. 45-97 Boca Raton News, 'Friday October 24, 1997 ~'B ~~ ~ ~t ~ A?A exc~t ~ ~ max- imum A PUBLIC HEARING will ~ ~d I/ ~ ~ ~i~ ~ic~ is ~ ~ ~ Co~ m~s~l, · ~ C~ ~m~ ~N ORPlN~NCE ~ ~HE CItY C~. ~, ~ N.W Ist A~, ~1- MISSION OF THE CITY OF DELRAY ~ ~h, F~, ~ ~ic~ li~ ~ BEACH, FLORIDA, ~ENDING Ci~ ~ will ~ ~ir CHAPTER I~1, 'PARKS, BEACHES, ~. T~ ~ ~dt~ AND RECREATION', OF THE CODE ~ ~ ;r~w~ at ~ ~ice ~ ~ ~ ORDINANCES OF THE CITY OF C~ C~k at CiH ~II, ~ N.W. Ig DELRAY BEACH, BY ~ENDING A~, ~lr~y ~h, F~a, ~ SECTION 1{ilS, ~DEFINITIONS', TO ~ ~ ~ ~ I:~ a.m. ~ ~.m., ~y ~ Fr~. e~c~ CITY . ~NED PROPERTY GENER. ~, ~1 ~ ~ ere J~ ALLY L~ATED NORTH OF BEACH ~ ~ e~d a~ ~ ~r0 w~ re DRIVE AND EAST OF STATE ROAD ~lo~di~nc~. A-I.A, AS MORE FULLY DE. ~~ ~RIBED HEREIN, ~ FART OF THE DEFdNITION OF THE MUNiCi- AN ORDINANCE OF THE CI~Y C~. PAL BEACH; PROVIDING A ~V~NG MISSION OF THE CITY OF DELRAY CLAUSE, A GENERAL REPEALEE BEACH, FLORIDA, ~ENDING SEC. C~USE, AND AN EFFECTIVE TION 4.3.41J)tlh ~EIGHT', OF THE DATE. ~ND ~VELOPMENT REGULA- TIONS OF THE CITY ~ DELRAY BEACH, TO PROVIDE FOR NOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE F~ILY HOMES WEST a~y ma~er c~s~ eS mis ~aring, OF AIA; ~ENDING SECTION 4.3.4~K), ~EVELOPMENT STAN- ~i~, DARDS ~TRIX~, TO PROVIDE FO~ ~ ~Y ~ ~ ~e ~et a v~- A ~X~MUM FLOR AREA RATIO FOR ALL SINGLE F~ILY ZONE DISTRICTS, A~ INCREASED SET. ~ ~ M~ T~ Cit~ ffi ~ provi~ BACK REOUIRE~EHT FOR SEC- OND AND THIRD FL~RS IN CER- TAIN SINGLE F~ILY RESIDEN TIAL ZONE DISTRICTS, AND EX- CITYOFDEL~AYBEACN ~PTING PROPERTIES L~ATED ~i~ ~cGr~ EAS~ OF STATE ROAD AIA FROM C~ C~k THESE CHANGES; ~ENDING AP. PENDIX tat, ~EFINITIONS~, TO ~li~: ADD A DEFiNiTION FOR ~L~R~R~N~ AREA (GROSS)' AND FOR ~L~R AREA ~AT~O (FAR)'; PROVIDING A GENERAL REPEALER C~USE, A ~V~NG C~USE, AND Ag EFFEC- TIVE DATE, IN ~RY, THE CHANGES WILL iNCLUDE: I. A ~x~gm FAR (F~ ~ I~) ~ ~ ~ ~t~ily ~; ~ ~ird f~S ~ ~ R-1A~A, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM #/d).~.- REGULAR MEETING OF NOVEMBER 4, 1997 ORDINANCE NO. 45-97 (MUNICIPAL BEACH DEFINITION) DATE: OCTOBER 30, 1997 On September 23, 1997, the City Commission adopted Ordinance No. 39-97 which amended the City Code to provide for the inclusion of City-owned property located north of Beach Drive and east of A1A within the definition of 'municipal beach' as set forth in Chapter 101, "Parks, Beaches, and Recreation". At that time, the City Clerk's office did not have a deed for one lot east of A1A and it was not included in Ordinance No. 39-97. We have since obtained a copy of the deed and it is provided along with the subject ordinance. Ordinance No. 45-97 adds Lot 8, Block E of the revised plat of Blocks D & E, Palm Beach Shore Acres to the definition for the 'municipal beach'. Once this ordinance is adopted, the municipal beach definition will properly include all City-owned property north of Beach Drive and east of A1A. At first reading on October 21, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 45-97 on second and final reading. ref:agmemo8 ORDINANCE NO. 45-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS" TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-l-A, AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE DEFINITION OF THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 101.15 of the City Code provides for definitions as it pertains to municipal beaches, parks and recreation sites within the City; and WHEREAS, the City Commission of the City of Delray Beach desires to certify the boundaries of the municipal beach and to incorporate the additional property within the definition of "Municipal Beach". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation", Section 101.15, "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: MUNICIPAL P;~RKS, BEACH AND OTHER RECREATIONAL SITES Section 101.15 DEFINITIONS. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. "MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46 South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13 lying east of SR A1A, as described in a replat of part of Segers Addition, recorded in Plat Book 16, Page 89, Palm Beach County records; and that part of Lots 4, 5, 6~ ~ 7, and 8, Block E and the south 10 feet of Lot 3, Block E, as described in the Revised Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat Book 7, Page 38, Palm Beach County records, all lying east of the east curb of State Road A1A (Ocean Boulevard), including the waters of the Atlantic Ocean within the boundaries of this City. "PARK". Any land owned or controlled by the city under the management and administration of the Parks and Recreation Department and devoted primarily to outdoor recreation activities. "RECREATION SITE". Any facility, except a park, owned or controlled by the city, under the management and administration of the Parks and Recreation Department and devoted primarily to indoor recreation activities. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED ~ ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 45-97 ~- -~ / ................. -- ~ I I_</BRIDGE- T ~ I I WATERWAY NORTH CONDO ~ _._~.~.~J<JHAMPTON ~, ' - I ~ <: / BOULEVARD .,_,,J GEORGE / \ \ I I I ! I I~h'----'~ rl ~jx '1 1' ~ '~ ~ SOUTHWAYS "I I . ,x~ ~ WEDGE- I I ..... ~ ~~~ ~ I I CONDO I ~ ~~ ~ ~ N'E'!STHI~' / < / ~&.~ ~ ~,v~~ ~ ,' t,~ N MUNICIPAL BEACH ~ CI~ OF DELRAY BEACH CiTY OF DELRAY BEACH, FL ~ - AR~ ADOPTED AS THE MUNICIPAL B~CH ~ - ~T PORTION OF LOT 8, BL~K E BY OFFICIAL ORDI~NCE ~9-97. OF THE R~ISED P~T OF BLKS PLANNING ~ ZONING DEPARTMENT D~E, PALM B~CH SHORE ACRES. -- ¢I¢I[~L ~SE ~P S~g~ -- MAP REF: LMA64 IMAGE01: FL-97.4635S..1 10/01/1997 lO:~:3~m ~ge 1 of 3 order ~ ~s ri~ of =~u~ ~o'~ e~v$:' Sa~d p~rty 10/06/97 M0N 09:28 [TX/RX NO 8667] ]~I~G~OI: FL-97~63S$-1 10/0111997 10:48:34am ~ge 2 oF 3 ~Ls deed io ~de ¥or. ~ ~.e o~ gr~n~n~ co ~he , u~ ~s nde, e~eu~d a~d del~ver~ ~, b~ '~ uccep~ o~ S&d~ o~ ~g~y A-X4 ~3acen~ co ~ho p~, hez~n . ~ey~, ~d ~cial as~o~n~ a~An~ v%~ ~' able ,. engAn~z~ ~t~. and all ~ estate, right, ~%e, ~ze~ a~ el~ ~oe~r of 10/06/97 MON 09:28 [TX/RX NO 8667] ~GEOI: FL-97-~3S$-1 10/01/1997 10:48:34am Page ~iM P~ u~, b~e~A~ ~ beh~ o~ ~e ~d ~rt~ o~ cae ~.. . . -.......,. ' '. . ~ ~ ~, ~' ~ thle of ,' ct.o~, o~ mmu~r coum, · · 10/06/97 MON 09:28 [TX/RX NO 8667] [ITY OF DELRI:I¥ BEII[H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ail. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Municipal Beach Definition At the time the City Commission adopted Ordinance 39-97, the City Clerk's Office did not have a deed for one lot east of A-1-A. Therefore, until a copy of the deed was obtained, we did not feel the lot should be included in the ordinance. The copy of the deed has been obtained and is provided with the ordinance. Consequently, this ordinance adds Lot 8, Block E of the revised plat of Blocks D & E, Palm Beach Shore Acres to the definition for the "municipal beach". Once the Commission adopts this ordinance, the municipal beach definition will properly include ali City owned property north of Beach Drive and east of A-1-A. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office John Walker, Project Coordinator Eric D. Hightower, Police Legal Advisor beach-4.dnt Printed o,'~ F~c,~'yc,/ed P~pcr ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH aY ~o. T.E ~.CLUS~O. O~ C~W OW. ED ~.E~LL~ LOC,TED .O.~. O~ aE,C. D.~VE ,.D E.ST O~ ST, TE .O*D *-~-*, ,S ~O.E FULL~ DESC.~aE~ C~USE,, ~E.~L REPELS. C~USE, ,.D EFFECTIVE DATE. WHER~S, Section 101.15 of the City Code provides for definitions as it pedains to municipal beaches, pa~s and re~eetion sites within the City; and WHEREAS, the City Commission of the City of Delmy Beach desires to ce~ify the boundaries of the municipal bea~ and to incorporate the additional prope~y within the definition of "Municipal Beach". NOW THEREFORE, BE IT ORDAINED BY THE CI~ COMMISSION OF THE CI~ OF DEL~Y BEACH, FLORIDA AS FOLLOWS: ~e~ion 1. That Title IX, "General Regulations", Chapter 101, 'Parks, Beaches and Recreation", Se~ion 101.15," "Definitions," of the Code of Ordinance of the City of Delray Beach, Florida, be, and the same is hereby amended to mad as follows: MUNICIPAL PAEKS, B~CH AND OTHEE RECREATIONAL SITES ~ECTION 101.1S DEFINITIONS. For the pu~ose of this sub~apter the following definitions shall apply unless the context clearly indi~tes or requires a different meaning. "MUNICIPAL BEACH". All the fra~ional east half of Section 16, Township 46 South, Range 43 East together with that pa~ of lots 9, 10, 11, 12, and 13 lying east of SR A1A, as described in a replat of pa~ of Segers Addition, recorded in Plat Book 16, Page 89, Palm Bea~ County re~rds; and that pad of Lots 4, 5, 6 ~ 7, and 8 Block E end the south 10 feet of Lot 3, Block E, as described in the Revised Plat of BIo~s D & E Palm Beach Shore AcmE, recorded in Plat Book 7, Page 38, Palm Bea~ County records all lying east of the east curb of State Road 10/16/97 THU 11:11 [TX/RX NO 8722] A1A (Ocean Boulevard), including the waters of the Atlantic Ocean within the boundaries of this City. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Sectiort 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1997. MAYOR ATTEST: City Clerk First Reading Second Reading ~4n.md~O~din~n~ t..A.O. I B,~I' 2 ORD. NO. 10/16/97 THU 11:11 [T][/RX NO 8722] [lTV OF DELRRV BER[H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: Alison MacGregor Harry, City Clerk FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Municipal Beach - City Ownership Attached is the title search for the lot at the north end of the beach legally described as: Lot 1, Block 4, Segers Addition I will prepare an ordinance amending the municipal beach legal description to include this parcel. I am also interested to see if any City minutes from 1966 reflect this transfer. Please call if you have any questions. DNT:smk Attachment segers.dnt ATIDS CHAIN SHEET Prior To On-Line Computer Records Page I No.: 06-97-9124 Provided For: ROBERT W FEDERSPIEL Effective Dates: From May 13, 1966 at 8 AM To January 1, 1968 at 11 PM Description of Real Property Situated in Palm Beach County, Florida. Lot 1, Block 4, Segers Addition, according to the map or plat thereof as recorded in Plat Book 13, Page 16 of the Public Records of Palm Beach County, Florida. Note: Deed is on the underlying legal for your Plat Book 13, Page 16. The entries on the following page(s) affecting the above-described propert3~ have been recorded among the Official Records of the county during the time period covered by ~his search. This chain is prepared in the same manner as our abstracts as indicated by our certificate and does not alleviate the necessity of an examination of the complete instruments or court proceedings indexed. No name search has been performed. The information provided herein does not include a search of federal liens filed in the Office of the Secretary of Sta~e pursuant to Sec. 713.901, et seq., F.S., which became effective January 1, 1993, and which designated that Office as the place for filing federal liens against tangible and intangible personal property of partnerships, corporations, trusts and decedents' estates. For insuring purposes, personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options. Ad Valorem tax information is not provided. This ATIDS Chain Sheet is being provided in conjunction with a billable search done pursuant to an ATIDS contract. Signed this 1st day of Attorneys' Title Insurance Fund, Inc. ATIDS CHAIN SHEET Prior To On-Line Computer Records Continued Page 2 No.: 06-97-9124 I. Book and Page: 1373-377 TOI: D DOF: 05/13/66 First Party: STRICKLER Second Party: CITY OF DELRAY BCH ***** END OF DOCUMENT ***** IMidGE01: FL-97-46355-1 10/01/1997 I0:48:34am Page 1 of 3 i96~, Between 'DR. FRANK P .' STR/CKLER and/~r ELEANOR Co STRZCKL~.a '(his wife), of the County of ~alm Beach a~d State of F%orida, ~artfes or--the.first ~part, and.the CiTY ~F DELRAY BEACH,. a municipal .corpora- =i~n, of the County of Palm Be~ch, and State of Florida, par=y-of the second para, .. '~ · .W~.TNESSWA-R, ,2'ha~ the sai~ ~arties of ~he first pa=t, fgr and ~n consideration of ~he sum of.one Dollar ($Z,00).and other v~luable c~neidera~ione to th~m /n hand ~aid, the receipt .whereof is hereby : ack~oW.l~ged, have granted, harga~n~ed, sold and transferred unto th% - 'said par~y of the second part, or. its corporate'successors0. ~11 of '~~ .'that certain $narcei of land ~.ing and-being in the County of Palm ':' Bea~h and-State of Flo=£d~ more Darti=9~ar%y describ&d..~e!~wt-but ' ''.' if the ~aid ~az~cy of the second part fails to 6ompl.~y~ith t~e con- '. ditions and covenants' se= out below, and numbered one. ~)' through '* '' ' four (4~ ~si~ par=ice of the first part~ ~heir heirs o~ assigns, may re-enter and possee~ th~ 6sta=~ as fozmerly~ grovided ~ha~ ~e ..'saidpar~ies' of ~he firs~ part, ~heir heirs or assigns, must g%ve -' w~itt~ hotiCe, to ~h ~ e~y .,&,~a. get of the city of 0ez~ay Be~ch, Delray Beach, Pl~rida, ~nd ,the City Clerk of the City O~kay ~ '. .- ~ach, ~elray Beach, Florida, of th~ $ulrticular cond/tion or co~'e2y < nen~ that has be~ broken: and further provided,, that the said pa~y' of =he second part, o~ its co~pOrate s~c6ssors, shal~ have nJ~ety . (90) days fr.om the date that sa'id notice, is received in which to .. · comply with said cond/tion or covenant~ ands further ~rovided, that said compliance must.beW~thin the. physical and lega~ ca~abilities --~f said party ~ the second ~rt, or its cor~ra=e successors, %n ~ order for t~/s right of re-entry to'become ef~&tiveo said Property is more particularly des~ri~ed as: ' That ~rtion of Lo~ 8, lying .~- of AIA& : ~. ~--~ ' Block nE' o~ Re~ig~"PI6't 6f Block D and · Blo~k 9., Palm Beach ~hore .A~res (Ocean ~ ./ Blvdo Estates) Sections 9 & 10-46-4~· ' ~. per pl, Bk. 7-38.. & .... :- ........... . ........ - ............... .. < ':': ..... IM)kGE01: FL-97-46355-1 10/01/1997 10:48:34am Page 2 of 3 This deed is made '~or.~brb trarpose of granclng to the. pak*'t¥ of =he second par/c, oc '/ts' c~rp6L~ate ~uccesso~s, a right-of-way 'for' ~ublie municipal beach l~Urpoae~¥ , . and is made, executed and delivered With the express und.~rstanding and .condition that-should' the same ever .. be discontinued or abandoned as a public m'~niclpal beach' the title to the sam~ shall thereupon reger~ to ' and revest in =h~ parties 'of ~he first par=, ~heir · ~ : heiTs, administrators or ass~gnso AND, by 'the acceptallce of ~his deed the sa/d par~y of the second part, for itself, o'r its corporate suc. ceseors, covenants and agrees'with the Said .part£es of =he first part, their he/rs. .. or assigns, as follows= - (1) 'That no buildings, cabana~ shelters0 picnic' tables, grills, or like ·structure~ or equipment, shall be '~,recte.d, placed or permitted on t. lie rea! estate, here- in conveyed, ~t being understood that the'use is r~- stric=ed =o public beach purpoee$ aa.'fur=~gr limited herein. -,. (2) 4~het no ~arking 'shall be allo~ed on either sid6 of Highway A-I-A adjacent to .the property her~tn conveyed, and no cor~mer¢tal use shall ever be~er~ted ' on the premises herein ~onveyed. (3} That the Grantee will wi~hill o~e (1} y~ar from the dare of this ,deed cause to ~e e~nstructed on ' the premises a protective wave screen, ' .sa~d wave Screen to also ~nclud,e steps to ~he beach wi~Lt~l 100 fee~ of · .- -. the pr. em~ses...H'eretn conveyed. Sa~d improvements and future:maintenance ~hereo~ to be accomplished w~thout special assessments against, .=he uplana prdper~y, o~ the ' Granto=~. Upo~ 't~he~fail'ure of =he City to cause the' ~ . '.- 'comst~ucti'on of 'the improvements, with/ii said' pariod, · ' ~he Grantee w~ll reconvey ~he property described in. =his ,Deed..to the ~ran=ora, their hears or assigns= pr.o- v~d~d the above time limitation shall not.~pply in the ' even= cons,truction i$ d~l.~yed due to hurricanes or other na.~ura 1 disasters.. (4) Tha~ the ~rantee will ~raae and maintiin the ' area between the wave screen and ~he East rightJof~way "~ 'line of High~ay A-1-A c°mm~lsurate with ~e la~.ecaplng '. and. maintenance of the present public beach area so long' as said grading and 'maintenance is consisten~ .with good .. engin~ring "The above and ~oregOing covenants and restucictions shall be construed, as covenants running with the..land. ~O H~VE AND TO I~OLD the same, ~together with'all'and .singular the appurtenances thereunto bel~nglng or in an~se appertainin9, '" and all =he estate., right, title, interest and clail6 whatsoever of [M,~GE01: FL-9746355-1 10/01/1997 10:48:34am Page 3 of 3 ........... ehe said .~a~e~es ~.~ ~ fir~[..par~, either ~ law o~ e~i~y. [o ~he only ~roper use, benefit and behoof of the said part~ of ghe second pare. o~ its Co.orate ~ccessors forever. ZN ~S~ ~OF, ~he said par=les of =he f~ par~ have ~e~eunt~ set their hands and seals the day a~ year f~rst above Si~ed, seal~ and del~ver~ i~ee~nce of: ~ ' - ~ .. .'~ · .. .. STA~ OF ~ f g~OR C. ~~ (gS ~fe), ~o me well ~ an~ ~ ~ ~ to' be the ~rs~ns des~=i~ in a~d Who exe~u~ ~e fo~e~ing ~nvey~ce '. · ~ .s~erally ac~g~ =he'exe~ton t~reof 2o : .-- JOHN H. DUli~KLE ................... ~-" CLERK OF CIRCUIT COURT '