HomeMy WebLinkAboutTuscawilla Unit 12
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NOTICE OF RESTRICTIONS ON REAL ESTATE
/50/ 8GG
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KNOW Al.L 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 Tuscawi1la U.!liLlZ according to the
plat thereof as recorded in Pla"f'BOOl( ...:.! Y , pages 78" "/~t
of the Public Records of Seminole County. Florida. J )
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and
. WHEREAS, Developer desires that all of the above described
rea\ property be subject to like restrictions for the mutual benefit
andWprotection 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 propel~ty 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 dlvell ing not to exceed two and
one-half stofies in height. Each house shall have a private garage for
at least two and not more tl~an four cars. All gal'ages constructed shall
have a, side or rear entry only. Garage doors shan front side lot line
or rear lot line only; no garage door may face any street.
2. No building or structure shall be erected, placed or altered
on any lot until the constr'uction plans and specifications and a p'lan
showing the locatior. of the building or structure have been approved by
the Architectural Control Committee as to quality of workmanship and
materials, hanllony of external design ';lith existing structures, and as to
location \'lith respect to topogl~aphy and t-inish grade elevation.
.. 3. The Architectural Control Committee is composed of Roy T. Dye,
Charles H. True, and Jay B. Alpert, all of 861 Douqlas Avenue,
Longwood, Fla., 32750. A majority of the committee Illay designate a
representative to act for it. In the event of dei1th or resi~Jnation of any
member of the committee, the l~emaining members shall have full authol~ity
to designate a successor. Neither the members of the committee, nor its
designated representative sllall be entitled to any compensation for
services perform(;d pursuant to this covenant. At any time, the then
record owners of a majority of the lots shall have the po~er through a
duly l~ecorded wt'i ttcn i nstrUlllellt to chJllge the II1cmber'sh 'j p of the comll1i ttoo
or to \'lHhdra\'l from the commit tee 01" res tOI"e to it any of its power and
duties.
4" The comilli tte(~ IS approvlll or di sappl'ova 1 as reejlri n~d in these
covenflnts shall be in 'rll'it'inq. In the event the committee or its desigrlllted
represcnta ti ve, fails to i1ppl~OVe or cl'j sapprove 'rJitll'i n 30 days u fter plans
and specifications have br}cn submitted to it, or 'ill Jny event, if no su:t
to cnjoi n the con<:;tructi on has beell cOllnilcnced pr'i Ol~ to co:np 1 cti on thcn~of,
approval Iv'ill not be required and tile rcltltcd covcnJnts shtlll be clcelllCd
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 standard concrete block or wood frame only on the side of the
structure not facing a street; the exterior construction on the front
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, excl usi ve of open porches and garages, r- c:.)
shall be not less than 1500 square feet of living area for a one-story O~
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 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 to a lot line facing a street.
7. No structure of a temporary character, trai1er~ 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 pr'ofess i ana 1 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 advel^tise 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 trasll, garbage and other waste shall
be kept in sanitur'y conta 'j ners and, except duri n9 pi ck-up, if I^equi red to
be placed at the curb, all containers shull be kept at the rear of all
dwellings out of s'ight from Uw street. Thel^e shall be no burn'ing of
trash Ol^ any other was te maLel"j a 1 s.
12. No fence, wall, hedue or' shrub planting \f/hich obstl^ucts
sight lines at elevations Iwt\'/een 2 and 6 feet above tile t'oad\'/ays shall
be placed or pernritted to rCllItlin on uny CarnCI^ lot within the tr'iungular
area fOl'llled by the street pl^Operty lines unci a line connecting them at
points 25 feet from the intersect'ion of the street [ll'operty lines extended.
The sallie sight lil1e limitatit,l1s shall apply on any lot wiUdn 10 feet from
the i litersecti on of a street prOpCI^ty 1 i ne vii th the edge of a dri veway 01'
alley pavement. No tree shan be permitted to renlain vrithin such distances
of stich intersections unle~~s the foliiJUc lirw is maintuined at suff'icient
height to prevcllt obstruct'ioll of such s'i9ht lines.
13. No fence or \'I~:l1, other thilll a sp"'H-rail fence
s 11(1 1 1 be erected, placed or (l'ltered on (lilY lot nei.ll'er to any
stn~et than the minimum !Ju"ild-inO set,-bilck l'ill(\ except along the rear lot
line of Lots 65 through 68 and Lot 52, and the side lot line of Lots 36, 45,
35, 46, 53 and 64 within the fence easement as shown on the plat. Prior
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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:
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(1)
(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
1i 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.
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(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 rubbi sh. In the event any lot is not
so maintained, then the said Developer, its successors and/or ass~gns,
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 forec;lose 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 rearvJllrd extension of the sidelines of said
dwelling.
18. No inoperative cars, trucks, trailers or other types of
vehi~les 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 subdivis'ion. 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 fl~om all adjacent
propert'ies, as well as from the street fronting said property.
19. Easements for installations unci maintenilnce of utilities
and drainuge facilities are reserved as shovm on the recorded plat.
Hithin these eusements, no structure, planting or other material shall
be pl aced or permi tted to remll in \.,l1i ch may damage or interfere v/ith the
installat'ion and maintenance of utilities, or \'/hich may change the
direction of a flO\'I of drainaqe chcltlnels in the easements, or v/hich may
obstruct or retard the flO\'I of v/atcr throWJh drilina~w channels in the
easements. The eaSl.:mcnt area of each lot ilncl all 'illlprovcments 'in it shall
be mil'intained cont'inuously by the oVlIler of the lot, cxcc'pt for those
improvements for \vh'ich a public uuthol'iLy or ut'il'ity cOlllpilny is responsible.
20. ~Jhere i1 bui 1 c.I'j ng hi1s been erected or the cons tructi on 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
right at any time to release such lot or portions thereof from such part
of the provisions of any of said covenants as are violated, provided,
however, that said Developer, its successors and/or assigns, shall not
release a violation or violations or any said covenants except as to ~ ~
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violations they, in their sole discretion, determine to be minor, and the ..
power to release any such lot or portion thereof from such a violation or : :
violations shall be dependent on a determination by them that such violation ,"I
or violations are minor. 2
88, 89, 90, C~
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21. Lots 4 through 8, 11, 12, 24 through 31, 40, 41 t-91 and 92 will . G)
have a drainage and utility easement along the rear and side portion of said co
lots for the purpose of drainage and utilities. There shall be no structures
of any kind, including fences, patios, pools, maintenance sheds or any other
structures constructed within this easement. Within this easement, all trees
and all natural ground cover shall remain, and only minor hand-clearing will
be allowed within this easement. This rear easement shall not be sodded or
planted in grass or otherwise maintained as part of the developable yard of
the owner of the lot. At least 90% of each lot's width within this easement
shall remain in its natural state. The City of Winter Springs and utility
companies will have the right to enter said easement to maintain the drainage
or other utility facilities.
22. At any time the then owners of at least fifty-one percent (51%)
of the lots 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 amendment
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 subdivision.
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 bya 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 expressly understood and agreed that all costs, including
reasonable attorney's fees incuITed by any moving party in any legal
proceedings which result in the successful enforc~nent 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 effect any of the other provisions which shall
remain in full force and effect.
T~ IN ~JITNESS WHEREOF, we have hereunto set our hands and seals this
~ day of -SE..PT , 1983.
WINTER SPRINGS DEVELOPMENT CORPORATION
BY (t"2 b ~~.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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I 070
I HEREBY CERTIFY that on this day before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally appeared
A. E. Blair and ROBERT TONRY, well known to me to be the 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.
WITNESS my hand and official seal in the County and State aforesaid
this '30'1''' day of 5C:J), t 19&3.
.
MY commission expires:
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