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Home My WebLink AboutTuscawilla Unit 11 B o >> LO o I'- N .'0 (Y') 0) Q) :>-. :::s m (,1 s:: -0 n. ClJ Q) 'r- (lJ :::s > S- !~. S- <::( 0 0.1- r- VllL.. +., 'm C :J.: r-- ., (Ll en-o <::Vl=SO ~:l Q) 0 0 !-~O~ .1.-' S- en v') (lj r- c: C..c:l.OO .,..- U CO -l VJ 'r- .C CO o I'- N (Y') m Vl -0 en Q) 'r- C:::SS- 'r- C 0 S-Q)r- 0.. > lL.. V)<::( .. S-CVl OJ 0 en ..p E s:: s:: ClJ...... .,.... en S- ::s: -0 0.. WV) +- .. 0 . S- O :z: Q) p >, .j.J .j.JOS:: <':::.r- 0 .r- '-U~3 +) (1) ::.L: Grf!::l.~~l ?\ECORDS 388 0595 NOTICE OF RESTRICTIONS ON REAL ESTATE S.::-::::Cl..::: co, FL. ~~OW ALL MEN BY THESE PRESENTS: WHEREAS, Winter Springs Development Corporation, a Florida corporation, as, nominee for Winter Springs Venture, a joint venture, hereinafter called Developer, is the owner of land in the County of Seminole, State of Florida, more particularly described as follows: All of the lots in Tuscawilla Unit ll-Baccording to the plat thereof as recorded-~..1.t.p , pages sS' oJ ...s~~ of the Public Records of Seminole County, Floridao and WHEREAS, Developer desires that all of the above described reati property be subj ect to 1 i ke res tri cti ons for the mutual benefi t and"'protection of itself and all persons, both real and corporate, who hereafter may purchase or acquire said property or any part thereof, or any interest in or lien upon said 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 singl e-family dwell ing 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 closest side lot line or rear lot line only; no garage door m~y face ary street. . , 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 Dou~las 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 committee, nor its designated representative.shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners 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. :c- -u l, ;;0 f'J en ;.. C::::' 0 -- ""'......,.,......,.." .~ ~ ~ ~"'W' 0:> , :t:: -- - N .-- "'. " CI::i .~ r--.. , 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 g may use standard concrete block or wood frame only on the side of the ~ structure not facing a street; the exterior construction on the front r of all residences and on the side of residences located on corner lots that do face the street, shall either be small concrete block, brick stucco, frame, stone or combination thereof, except that a large concrete 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 ~/elling, 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. C:J I~- rr1 ~ '1 (~"") , ~, c:o .' c..--' '..." co :=t c> :::- r- ;.'0 rTl (-, c:::> C"."") =-':> CJ1 1 (::J U) c..o , " en 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 width at the front building set-back line. No dwelling shall be erected nearer than 35 feet to the front lot line nor farther than 60 feet from the front lot line. No dwelling shall be erected nearer than 30 feet to the rear lot line. No dwelling shall be erected nearer than 10 feet to any side lot line. The minimum distance between any and all dwellings shall be 20 feet. On corner lots, no dwelling shall be erected nearer than 25 feet toa 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 house, 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 lines. 13. No fence or wall, other than a'sp1it-rai1 fence shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line. Prior -2- to construction of any fence or wall, owner shall obtain approval of plans for fence or wall from the Architectural Control Committee. The maximum height of any fence or wall shall be 8 feet. 14. Any swimming pool constructed on any lot shall be subject to the following restrictions, reservations and conditions: (J) (2) (3) 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-may be constructed or placed closer than 15 feet to the sides and rear lot 1 i nes. 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. r.n c)~ , rTi ; C'"_:) c;:> ..." D:> ~ -- c-> .':.) ~:~ ,- t- rr; ~.o (-) r"Tl C) '-"":> C"J ,= ;.r., ." (Jl , <=:> 1- c/) c.o --.,I (4) (5) 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. 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 foreGlose 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 dwelling. 18. No inoperative cars, trucks, trailers 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 -3- , is substantially advanced and it is situated on any lot in such a manner W0 that same constitutes a violation or vialatians of any af the above ~3 co cavenants, said Developer, its successors and/or assigns, shall have the ~~ co right at any time to release such lot or portions thereof from such part i~ of the pravisions of any of said covenants as are violated, provided, ~ however, that said Developer, its successors and/or assigns, shall not ~ ~ release a violation or violatians of any said covenants except as to ~ en violations they" in their sole discretian, determine to' be minor, and the' (.D ;~~ power to' release any such lot or portion thereaf fram such a vialation or co via1ations shall' be dependent an a determinatian by them that such violation ar violations are minor. ) -~ C".=:l ,~, :::! c? ~;;... r- oo ,-T1 t-:> = ;:D ^''! t:::J -::'" 21. Lots 67 through 71,75 thraugh 77,83,84, and 93 through 95 will have a green belt, drainage and utility easement along the rear partian of said lots far the purpase of drainage and utilities. There shall be no structures of any kind, including fences, patiO's, paols, maintenance,sheds ar any other structures constructed within these easements. Within these easements, all trees and all natural graund caver shall remain, and only minor hand-clearing will be allawed within these easements. These rear and side easements shall not be sadded or planted in grass or otherwise maintained as part af the developable yard af the owner of the lot. At least 90% af 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 facil i ti es. 22. At any time, the then owners of at least fifty-one percent (51%) af the lots may change these covenants in whole ar in part by executing a written instrument making said changes and have the same duly recorded in the Public Records of Seminole Caunty, Florida. However, any such amendment shall not apply to' any lats owned by Developer unless Develaper has joined in said amendment. The above shall nat apply however, as same pertains to set-back lines from any front, interior, side, rear ar side street lot line, and the said Develaper, specifically reserves unto itself and its successors and/or assigns the autharity 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 ~~pdlvisian. 23. These covenants are to run with the land and shall be binding an all parties and all persons claiming under them far a periad of thirty years from the date these covenants are recarded, after which time said cavenants shall be autamatically extended for successive periods. of 10 years unless an instrument be signed by a majority af the then owners of the lats 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 vialation or to' recover damages. It is expressly understood and agreed that all casts, including reasonable attorney's fees incurred by any maving party in any legal proceedings which result in the successful enforcement of any covenant or restrictian contained in this Natice shall be borne in full by the defendant in such praceedings. 25. Invalidation of any ane of these covenants by judgment or caurt order shall in no way affect any af the other provisions which shall remain in full force and effect. ?~ IN WITNESS WHEREOF, we have hereunto set our hands and seals this /7 day af MAre. , 198'2. WITNESSES: /:/r\ I') " ! t I, "\ ' ~'V'V!_..\'_~(/' (), i/(' I hL I~ I / ~rQ/\-~ / ) v' 1.1 / . ,.' ./ ; \ ' WINTER SPRINGS DEVELOPMENT CORP B4~/; . ,,~fj-V}8.;' -----.r ',',' <;>r>-H: /2"/ /,; / / / :;,',: ,,"'-, V ".. . Attest: / (tLCldJ /.~ / cj'~? 'J/iGr(P.'2"'~" ~. ~/" /' V (:>, .. . __ '......', v,) <<:" " .. ... -... \~... . c.... ~<. '-<~()~' ".' ..' -4- 0FFH:i,\!. ~;:'T"\; STATE OF FLORIDA COUNTY OF SEMINOLE ') 0 n .j (j 0 0599 - .".T,"/ r: (>0 FL ,jd'.,-...:...L,... V. . 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 respectively 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. this WITNESS my hand and official seal in the County and State afore$aid f 1")' ".~ day of "1' ",' J 19 '/;} /. _ ,J. L(, !.-~ \ , ~. ,---- ~ ~ /, i .,-: ,,--. ,I" , I -"S- e; .:. ,2JJ '?---( ( Notary Public i \. ~' !!. ,.,\.- , ..~ ',} leU /J ..... t>..tt......' _:::' :.... '0 I 7 ., , "" / ~.~ : ~/) '" \ 1--= "1 : '\ ,.:) 1::2. <c~ ql& --(').. ) <>:.- ,,-' .~(1. -. ~;4 ..." , ;(~'- '. '.J. 0 tll \""':''''~.. j\,t ~. ...., ...... ...-'"'......... ......."";. tf .....~.... ~ "...... 0"'" ,.....~ ", ... ,-/ "1-:: ')~, ,.' .....~..f'~~-;~'t...,..,~- - My commission expires: Notary Public, State d Fkr:da My Commission Expires March 2, 1985 Ionded Thru Tlor fain . In~u(3oco, In~ i