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Jul-08-1998
03:32pm 98-259916 Prepared by and return to: DECLARATION OF ANNEXATION TO ABACOA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Tract RD1C") This DECLARATION OF ANNEXATION ("Declaration of Annexation") is made this 6th day of July, 1998, by ABACOA DEVELOPMENT COMPANY, a Delaware corporation ("Developer"), and is joined in and consented to by JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION, an Illinois not for profit corporation (the "MacArthur Foundation"). WHEREAS, Developer has recorded the Abacoa Declaration of Covenants, Conditions and Restrictions in Official Records Book 9739, page 1629, Public Records of Palm Beach County, Florida (said Declaration, as amended is referred to herein as "Declaration"); and WHEREAS, the Declaration provides that Developer may submit additional property to the terms and conditions of the Declaration, and may designate such areas as a Neighborhood or District; and WHEREAS, Developer desires the property described on EXHIBIT "A" to this Declaration of Annexation (the "Districts") to be Submitted Property to be used as residential district area and designated as Residential District under the terms of the Declaration. NOW, THEREFORE, pursuant to the powers reserved by Developer under the Declaration and in consideration of the premises and covenants herein contained, Developer hereby subjects the Districts to the terms of the Declaration as Submitted Property and declares that the Districts are and shall be owned, used, sold, conveyed, encumbered, demised and occupied subject to the provisions of the Declaration and this Declaration of Annexation, which will run with the land of and be binding on all parties having a right, title or interest in the Districts or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner of any part thereof.
IN WITNESS WHEREOF, Developer has caused these presents to be signed this 6th day of July, 1998.
JOINDER AND CONSENT FOR AND IN CONSIDERATION OF $10.00 and other good and valuable consideration the receipt of which is hereby acknowledged, John D. and Catherine T. MacArthur Foundation, an Illinois not-for-profit corporation, as owner of a portion or all of the Abacoa Property hereby consents to the above Declaration of Annexation submitting to the terms of the Declaration District RD1C . The joinder and consent by John D. and Catherine T. MacArthur Foundation to this Declaration of Annexation and to any subsequent Declarations of Annexation shall not in any way imply that John D. and Catherine T. MacArthur Foundation is liable for or obligated to fulfill any obligations of the Developer thereunder. To the extent the joinder and consent of the John D. and Catherine T. MacArthur Foundation, as owner of all or a part of the Abacoa Property is needed in order to impose this Declaration of Annexation as covenants running with the land, then this Joinder and Consent shall fulfill that requirement. IN WITNESS WHEREOF, John D. and Catherine T. MacArthur Foundation has caused these presents to be duty executed and sealed on its behalf with the intention of making this Declaration a sealed instrument, this 2nd day of July , 1998. WITNESS: John D. and Catherine T. MacArthur Foundation, an Illinois not- for-profit corporation
IN WITNESS WHEREOF, this 8th day of
July, 1998, Lyn Hutton, as Vice-President of John D. and
Catherine T. MacArthur Foundation, an Illinois not-for-profit corporation, a
corporation established under the laws of the State of Illinois, has caused
these presents to be duly executed and sealed on the said corporation's behalf
and they are personally known to me
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