1974-03DECLARATION OF RESTRICTIVE COVENANT
WHEREAS, THE COOPER MEMORIAL LIBRARY ASSOCIATION did
by Warranty Deed dated February 9, 1970, recorded in Official Record Book
400, Page 460, convey unto the City of Clermont, a Florida Municipal Corporation,
the following described real property located in Lake County, Florida:
Lots 18 and 19, Block 76, City of Clermont, according
to the official plat thereof duly recorded in plat book 8,
pages 17 to 23 inclusive, Public Records of Lake County,
Florida.
WHEREAS, as part of the consideration for said conveyance THE
COOPER MEMORIAL LIBRARY ASSOCIATION and the City of Clermont did mutually
covenant and agree that the above-described property would not be used for
any other purpose than the erection and maintenance of a library and other
uses incidental thereto.
WITNESSETH:
The City of Clermont does hereby covenant and declare that the
above-described real property located within the City of Clermont shall not
be used for any other purpose than the erection of a public library and other
uses incidental thereto, and that said restrictive covenant shall run with the
land and be binding on the City of Clermont, its grantees, successors, and
assigns.
Any deed, lease, conveyence made in violation of this restrictive
covenent shall be void and may be set aside on petition of the City of Clermont,
all successors in interest, or assigns; and when such conveyance or other
instrument is set aside by decree of a Court of competent jurisdiction, all costs
and all expenses of such proceedings shall be taxed against the offending party
or parties, and shall be declared by the Court to constitute a lien against the
real estate herein above-described so wrongfully deeded, sold, leased or conveyed
until paid, and such lien may be enforced in such manner as the Court may
order.
IN WITNESS WHEREOF, the City of Clermont, a Florida Municipal
Corporation, has executed this agreement and affixed its seal on the26th day
of November, A.D., 1974.
CITY OF CLERMONT
CLAUDE E. SMOAK, JR., MAYOR
ATTEST:
DOLORES CARROLL, CLERK
STATE OF FLORIDA
COUNTY OF LAKE
BEFORE ME, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, personally appeared, CLAUDE
E. SMOAK, JR., and DOLORES CARROLL, personally known to me to be the
Mayor and Clerk, respectively, and that they did acknowledge before me that
they did sign the above document for the purposes herein expressed.
SWORN to and subscribed before me this 26th day of November,
A.D., 1974.