02/19/2003 Agreement
MONROE COUNTY
OFFICIAL RECORDS
DECLARATION OF RESTRICTIVE COVENANT
The Board of County Commissioners of Monroe County, Florida, who have an interest in
the public roads of Hibiscus Park Subdivision, Key Largo, Monroe County, Florida, by virtue of the
plat of said subdivision, found at Monroe County Plat Book 3, page 166, wherein said rights-of-
way were dedicated to the perpetual use of the public, makes and enters the Restrictive Covenant
below described:
WHEREAS, proposed development in Industrial Acres Subdivision, north of and adjacent
to Hibiscus Park Subdivision, both subdivisions being situated on Key Largo, Monroe County,
Florida, has resulted in public discourse evidencing concerns by Hibiscus Park property owners
and residents that their rural and residential neighborhood might become congested with traffic to
the development adjacent to Hibiscus Park Subdivision; and
WHEREAS, Hibiscus Lane, the single developed road in Hibiscus Park Subdivision, could
become a main feeder thoroughfare to Industrial Acres Subdivision upon its development, subject
to an increase in traffic of 500 trips per day; and
WHEREAS, the Board of County Commissioners of Monroe County has caused a public
hearing to be properly noticed and held concerning the establishment of restrictive covenants
governing the public rights-of-way in Hibiscus Park Subdivision and barring access by any
vehicular traffic other than emergency vehicles from said subdivision to the northerly adjacent
subdivision; and
WHEREAS, the Board of County Commissioners of Monroe County has determined that it
is in the best interest of the public that fire trucks and ambulances be allowed to access Industrial
Acres Subdivision through the public rights-of-way in Hibiscus Park Subdivision; now therefore
BE IT DECLARED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY that:
1. The above recitals are incorporated by reference into this Declaration.
2. The following restrictions affect all of the rights-of-way dedicated to the public, and not
heretofore abandoned by official action of the Board of County Commissioners of
Monroe County, Florida, in the Plat of Hibiscus Park Subdivision, Monroe County Plat
Book 3, page 166, and shall be construed as covenants running with the land, it being
the intent of the County Commission that the following restrictions shall bind and
restrict the use of the rights-of-way.
3. This Declaration shall be recorded with the Clerk in the Official Records of Monroe
County, Florida.
4. All persons dealing with the rights-of-way and entitled by law to enforce and compel
compliance with this Declaration shall have a full remedy both in law and in equity to
enforce and compel compliance with this Declaration and to benefit and take
advantage of this Declaration; provided however, that the violation or attempted
violation of any restriction in this Declaration, shall not be deemed to operate or work a
reverter or forfeiture.
5. This Declaration in full does not amend or modify any statements or representations of
the County, or any requirements of the respective ordinances of the County dealing
with the subdividing and platting of land or the design and construction of
o:;I"r.l
~H
#L'
t-l~
OJ#
t-l
..JW
~\Jl
"0 OJ
~..J
\.0 OJ
t-lW
t-l
C1~
:J:::l()
ZC1
Z
~:s:
OJ
L'I)
~N
Om
L'
::eN
:J:::l5l
GJ5l
~w
().....
L'.....
t:J:]..
~N
~5l
:J:::l
:s:
improvements, but is intended as additional covenants and agreements for the
purposes set forth here.
6. The County does, by this Declaration, specifically estop itself and all its successors and
assigns from contending in any manner that the above covenants are not full and
adequate covenants running with the land and binding on the land for all times after
the making of this declaration until expressly modified or amended, if at all, with the
consent of the majority of property owners of Lots in Hibiscus Park Subdivision, Key
Largo, Monroe County, Florida.
7. Invalidation of anyone of these covenants by judgment or Court Order shall in no case
affect any of the other covenants which shall remain in full effect.
SPECIFIC CONDITIONS
1. There shall be installed in the vicinity of the crossover route between Buttonwood Lane
and Hibiscus Lane, Hibiscus Park Subdivision, a barrier(s) approved by the Monroe
County Commission and Fire Marshall to prevent access from said Subdivision to the
adjacent subdivision by any vehicle other than emergency vehicles.
2. The public rights-of-way in Hibiscus Park Subdivision, Key Largo, Monroe County,
Florida, shall retain the residential character of a small rural lane providing general
access only to the lots in said platted subdivision and any vehicular access to
properties adjacent to said subdivision shall be limited to emergency vehicles.
IN WITNESS WHEREOF, the Board of County Commissioners has caused this Declaration
of R~~trictive Covenant to be executed in its name b~ts Board of County Commissioners acting
by th~~ayor or Vice-Mayor of said Board, this /9 day of February, 2003.
,~., (, ,) "..
(s~lf};./'
Attett;-'DANNY L. KOLHAGE, Clerk
B~M(!. ~wntUJ
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By '-/~. M~ic~6.z-d
MONROE COUNTY
OFFICIAL RECORDS
NN~;h3_
tJj':IJ
~H
'**'L'
f-ll'=.1
oo'**'
~f-l
eW
(J1
'Doo
~~
'-Doo
f-lW
N