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NOTICE OF RESTRICTIONS ON REAL ESTATE
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~~JOW ALL MEN BY THESE PRESENTS:
WHEREAS, Winter Springs Development Corporation, a Florida
corporation, as nominee for Winter Springs Venture; a joint ventureo
hereinafter called Developer, is the owner of land in the County of
Seminale~ State of Florida, mare particularly described as follows:
All of the lots in Tuscawilla Unit 11 according to the
plat thereof as recorded" in Plat Book.2./P , pages 51 ". S~
of the Public Records of Seminole County, Florida.
and
WHEREAS, Developer desires that all of the above described
real property be subject to like restrictions for the mutual benefit
and protection of itself and all persons, both real and corporate, who
hereafter may purchase or acquire said property or any part thereof, or
a~y interest in or lien upon sa~d property or any part" thereof.
NOW, THEREFORE, in consideration of the premises, Developer
does hereby declare said real property to be subject to the following
restrictions, reservations and conditions, binding upon said Developer
and upon each and every person, both real and corporate, who or which
shall acquire hereafter said real property or any part thereof, and their
respective heirs, personal representatives, successors and assigns, said
restrictions, reservations and conditions being as follows:
1. No lot shall be used except for residential purposes. No
building shall be erected, altered, placed or permitted to remain on any
lot other than one detached single-family dwelling not to exceed two and
one-half stories in height. Each house shall have a private garage for
at least two and not more than four cars. All garages constructed shall
have a side or rear entry only. Garage doors shall front the ~losest
side lot line or rear lot line only; no qara?e door may face any stre~t.
2. No building or structure shall be erected, placed or altered"
on any lot until the construction plans and specifications and a plan
showing the location of the building or structure have been approved by
the "Architectural Control Committee as to quality of workmanship "and
materials, harmony of external design with existing structures, and as to
location with respect to topography and finish grade elevation.
3. The Architectural Control Committee is composed of Roy T. Dye~
Charles H. True, and Jay B. Alpert, .all of 861 Dou9las Avenue, "
Longwood, Fla., 32750. A majority of the committee may designate a
representative to act for it. In the event of death or resignation of any
member of the committee, the remaining members shall have full authority
to designate a successor. Neither the members of the con~ittee, nor its
designated representative shall be entitled to any compensation for
services performed pursuant to this covenant. At any tlme, the then
record m.mers of a majority of the lots shall have the power through a
duly recorded written instrument to change the membership of the committee
or to withdraw from the committee or restore to it any of its power and
duties.
4. The committee's approval or disapproval as required in these .
covenants shall be in writing. In the event the committee or its designated
representative, fails to approve or disapprove within 30 days after plans
and specifications have been submitted to it, or in any event, if no suit
to enjoin the construction has been commenced prior to completion thereof,
approval will not be required and the related covenants shall be deemed
to have been fully complied with.
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5. Except for residences constructed on corner lots, the
rear and both sides of all other residences may have exterior
construction of concrete block, wood frame or similar construction
detail. On corner lots, all residences including detached structures ~~
may use stalldar'd concrete block or wood frame only on the side of the ~
structure not facing a street; the exterior construction on the front 0 CJ
of all residences and on the side of residences located on corner lots ~ en
that do face the street, shall either be small concrete block, brick co
stucco, frame, stone or combination thereof, except that a large concrete OQ
block may be used if the same is of a type designed to simulate wood
siding. The ground floor area, exclusive of open porches and garages,
shall be not less than 1500 square feet of living area for a one-story
dwelling, nor less than 800 square feet of living area on the ground
level for a two or two and one-half story dwelling, provided said dwelling
has a minimum of 1500 square feet of living area over all.
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6. No dwelling shall be constructed on a plot having an area
of less than 15,000 square feet, and such plot shall be not less than
80 feet in wi dth at the front buil di ng set-back 1 i ne. ,~9,.aw~.Jljn~.sh~U
be erected nearer than 35 feet t8'f~.b.~Jrpn~,19t.l.jtl~..~li'.f~~~'r.'f.fj~n.,60
feet from the frontlot'ri'n~." No dwelling shall be erected nearer tha-n
30 feet to the rear lot line. No dwelling shall be erected nearer than,;
10 feet to 8ny '-si'dEf.let. line .. The'minimum di stance between any and Cilr-y,
dwe 11 i~gs.~hql.l . be, 20 teet.. On c()rnerl-otsf nodw~lijng'.,&htfl"""b~"''jfet'ted
nearer"tftan 25 'feet to a lot line facing a street. . ....
7. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn or other outbuilding shall be used on any lot
at any time, as a residence either temporarily or permanently.
8. Any temporary building such as a utility shed~ green ho..:sPo
.. etc. shall be constructed of materials similar to the house construction.
Any temporary building must also receive the Architectural Control
Committee's approval, as per paragraph #2.
9. No animals, livestock, or poultry of any kind shall be
raised, bred or kept on any lot, except that dogs, cats or other household.
pets may be kept, provided that they are not kept, bred or maintained for
any commercial purpose.
10. No sign of any kind shall be displayed to the public view
on any lot except one professional sign of not more than one square foot,
one sign of not more than five square feet, advertising the property for
sale or rent, or signs used by a builder to advertise the property during
the construction and sales period. .
11. No lot shall be used or maintained as a dumping ground for
rubbish, trash or other waste. All trash, garbage and other waste shall
be kept in sanitary containers and, except during pick-up, if required to
be placed at the curb, all containers shall be kept at the rear of all
dwellings out of sight from the street. There shall be no burning of
trash or any other waste materials.
12. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations'between 2 and 6 feet above the roadways shall
be placed or permitted to remain on any corner lot within the triangular
area formed by the street property lines and a line connecting them at
points 25 feet from the intersection of the street property lines extended.
The same sight line limitations shall apply on any lot within 10 feet from
the intersection of a street property line with the edge of a driveway or
alley pavement. No tree shall be permitted to remain within such distances'
of such intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight lineso
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s tr~it.:~..,,,tAe..m;iAimum b.u.i ldi"9 set-back' 'line. Prior .
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14. Any swimming pool constructed on any lot shall be subject
to the following restrictions, reservations and conditions:
Construction may be only of concrete or a
concrete-type material.
The 'outside edge of any pool wall may not be
closer than 4 feet to the walls of the house.
No pool wall" mat~eso~st,ructed or placed
closer than 15"'feE=Yt' to<tnesid!stifld 'rear lot
lines.
No pool may be constructed within (recorded)
designated utility or drainage easements.
No screening of pool may be constructed or
placed nearer than 10 feet to the sides and
rear lot lines.
14A. No air conditioning units, either central or wall units;
'shall be placed on the front of any dwelling or otherwise place or locate
so as to be visible to or from any public street. If said units placed
to the side or rear of any such dwelling, but is still visible to or
from any public street, it shall be permissable to so locate said unit
if same is screened or otherwise appropriately concealed.
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15. Tree houses or platforms of a like kind or nature shall not
be constructed on any part of a lot.
16. Once a lot has been sold by the said Developer, the same,
whether improved or not, shall be maintained in good appearance and
free from overgrown weeds and from rubbish. In the event any lot is not
so maintained, then the said Developer~ its successors and/or assigns,
shall have the right to enter upon said lot for the purpose of cutting
and removing such overgrown weeds and rubbish and the expense thereof
shall be chargedto and paid by the owner of such lot. If not paid by
said owner within (thirty) 30 days after being provided with a written
-notice of such charge, the same shall become a lien upon said lot until
-paid and may be collected by an action to foreclose said lien, or by an
action at law, at the discretion of said Developer, its successors and/
or assigns.
"
17. All clotheslines shall be placed at the rear of and within
-the area encompassed by a rearward extension of the sidelines of said
-~ell ing.
18. No i nopera ti ve cars, trucks, trai 1 ers or other' types of
vehicles shall be allowed to remain either on or adjacent to any lot for
a period in excess of forty-eight (48) hours, provided, however, this
provision shall not apply to any such vehicle being kept in an enclosed
garage. There shall be no major repair performed on any motor vehicle
on or adjacent to, any lot in the subdivision. Recreational vehicles,
such as campers, boats, motor homes, shall be kept in the rear or side of
the house and shall be adequately screened from view from all adjacent
properties, as well as from the street fronting said property.
19. Easements for installations and maintenance of utilities
and drainage facilities are reserved as shown on the recorded plat.
Within these easements, no structure, planting or other material shall
be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities, or which may change the
direction of a flow of drainage channels in the easements, or which may
obstruct or retard the flow of water through drainage channels in the
easements. The easement area of each lot and all improvements in it shall
be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
20. Where a building has been,erected or the construction thereof
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is substantially advanced and it is situated on any lot in such a manner
that same constitutes a violation or violations of any of the above
covenants, said Developer, its successors and/or assigns, shall have the c....u
right at any time to release such lot or portions thereof from such part 1~
of the provisions of any of said covenants as are violated, provided, ~:j c.:>
however, that said Developer, its successors and/or assigns, shall not ~i
release a violation or violations of any said covenants except as to g ~
violations they, in their sole discretion, determine to be minor, and th~ ~
power to release any such lot or portion thereof from such a violation or dO
violations shall be dependent on a determination by them that such violationo
or violations are minor.
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21. Lots 1 thru 7 will have a green belt, drainage and utility
easement along the rear portion of said lots for the purpose of drainage and
utilities. Lots 26 thru 32 will have a drainage retention easement along the
rear and side portion of said lots for the purpose of drainage retention.
There shall be no structures of any kind, including fences, patios, pools,
maintenance sheds or any other structures constructed within these easements.
Within these easements, all trees and all natural ground cover shall remain.
and only minor hand-clearing will be allowed within these easements. These
rear and side easements shall not be sodded or planted in grass or oth~rwise
maintained as part of the developable yard of the owner of the lot. At
least 90% of each lot's width within these easements shall remain in their
natural state. The City of Winter Springs and utility companies will have
the right to enter said easements to maintain the drainage or other utility
facilities.
~ At any time, the then owners of at least fifty-one percent (51%)
of the ~may change these covenants in whole or in part by executing a
written instrument making said changes and have the same duly recorded in
the Public Records of Seminole County, Florida. However, any such dl1lendm€nL
shall not apply to any lots owned by Developer unless Developer has joined
in said amendment. The above shall not apply however, as same pertains to
set-back lines from any front, interior, side, rear or side street lot line,
and the said Developer, specifically reserves unto itself and its successors
and/or assigns the authority to change said set-back lines at any time prior
to the construction of a .residence dwelling, regardless of the number of lots
owned by it in said ~ubd~vision.
23. These covenants are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of thirty
years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of 10 years
unless an instrument be signed by a majority of the then owners of the lots
has been recorded, agreeing to change said covenants in whole or, in part.
24. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any covenant
either to restrain violation or to recover damages.
It is expre~sly understood and agreed that all costs, including
reasonable attorney's fees incurred by any moving party in any legal
proceedings which result in the successful enforcement of any covenant or
restriction contained in this Notice shall be borne in full by the defendant
in such proceedings.
25. Invalidation of anyone of these covenants by judgment or
court order shall in no way affect any of the other provisions which shall
remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
22nd day of Janua ry , 1982.
WITNESSES:
WINTER SPRINGS DEVELOPMENT CORPORATI
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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I HEREBY CERTIFY that on this day before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally appeared
CHARLES H. TRUE and ROBERT TONRY, well known to me to be the Vice President
'and Secretary respecti~ely of Winter Springs Development Corporation, and
that they severally acknowledged executing the aforesaid instrument in the
presence of subscribing witnesses, freely and voluntarily under authority duly
vested in them by said Corporation, and that the seal affixed thereto is the
true Corporate seal of the Corporation.
WITNESS my hand and official 'seal in the County and State aforesaid
22nd day of January, 1982.
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My commission expires:
Notary Public, State of Florida
My (ommi,)sicn E::pires Mmh 2. 1985
B"ndaQ Thru T,:.oy F.II11 . lo1~urdn::e, In.;:.
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