HomeMy WebLinkAboutTuscawilla Unit 7
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f,lOTICE OF R[STRIC~I1oNS ON ~REAL ESTATE
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\'IHEREf\S, v.J-inter Springs Developm~llt COI~poration, a Florid~\~;~~c/;trti~ri.,U
UN1-t--. 7
KNOW ALL MEN BY THESE PRESENTS:
as Nominee for Winter Springs Venture, a joint venture, hereinafter called
Deve'loper, is the o\\ner of land in the County of Seminole, State of
All of the lots in Tuscawilla, Unit 7, according
to the plat thereof, as recorded in Plat Book
pages of the Public Records of
Seminole County, Florida,
F1or-ida,
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more pal't;culal~ly described as follol'/s:
and
l'JHERE,l\S, Developer des; res that all of the above descri bed real pl'operty
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 any interest in or lien upon
said pi'()perty or any part thel~eof.
NOW, THEREFORE, in consideration of the premises, Developer does hereby
declare said }~eal property to be subject to the following restrictions,
reservations and conditions, binding upon said Developer and upon eac!) and
every pel~son, both real and corporate, \'/ho or v/hich shall acquire hereafter
said real property or any part thereof, and their l'espective heirs, personal
representatives, successors and assighs, 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 exceB1Lty:o and one-half stories ion
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_J1C~~~.. Each house shall have a pri vate garage for at 1 east two and not more
than four cars. All gal~ages constructed shall have a side or reat' entry only.
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Garage doors shall front the closest side lot line or rear lot line only; ~
gai.D~je door may face any stl~eet.
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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
iociltion of the building or structure have been approved by the Architectural
of
Control Committee as
external design with existing structures,
tcpogrJphy and finish grade elevation.
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3. The At'chitectut'al Control Committee is composed of Roy T. Dye)
Charles H. True, and N.D. Castellano) all of 2699 Lee Road, Suite 501) Winter
Pad:, Floy'idi::1.. A rIUjOl'ity of the committee may dosignt1te (l representati\'c~ to
act for it. In the event of death or resignation of any member of the
committee, the remid ni I1g member's sha 11 have full authority to des i gna te a
successor. Neither the members of the co~nittee) nor its desigriated represen-
tati ve sha 11 be enti tl ed to any cornpensati on for servi ces performed put'suant
to this covenant. At any time, the then record mmers 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 vlithdravl from the committee or t'eston? to
it o.ny of its power and duti es.
4. The committee's approval or disapproval as required in these covenants
shall be in writing. In the event the committee, or its designated replnesen-.
tative, 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 contii12tlced prior to comple't'ion thereof~ appmval \.rill
not be required and the related covenants shall be deemed to Ilave been fully
complied \'lith.
5. Except fOI' i~es-idences constructed on cQt'ner lots, the rear and both
sides of all other residences may have exterior construction of concrete bloc~~
wood frame or similar construction detail. On corner lots) all residences,
including detached structllres, 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, sha.ll either be small concrete block, bl'ick, stucco~
frame, stone or combination thereof, except that a larg2 concrete block may be
used if the same is of a type designed to simulate \'iOod siding. The ground
floor area, exclusive of open porches and garages, .shall be not less than 1500
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squ~~~feet oC.Jiving area for a one-story d\'Jelling, not~ less than 800 square
feet of living area on the ground level fot' a two or blO and one-half story
dwelling, provided said dwelling has a minimum of 1500 square feet of living
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a rea over all.
6. No dwelling shall be constructed on a plot having an area of less than
_15,OO~.~quar~ feet) and such plot shall be not less than 80 feet in wid"t~ ,a~ the.
front building set-back line. No dwelling shall be erected near~r ;h~i~~e~~
to toe front lot line nor farther than 60 feet from the fron~,!"S\i)e:'lJL J.:a
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lots 1 through 13 and 44 inclusive, no dwelling shall be erected nearer than
50 feet to the front lot line. No dwelling shall be erected nearer than 10
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feet to any interiol~ lot line. The minimum distance betvle2n any and all
dwellings shall be 20 feet.
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nearer than 25 feet to a lot line facing a street.
On corner lots no dwelling shall be erected
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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
res i dence either temporal'ily or permanently.
Any temporary building such as a utility shed, green house, tl'eehouse,
platforms, etc. shall be constructed of materials similar to the house cons-
truction. Any temporary building must also receive the Architectural Control
CO~TIitteels approval as per paragraph #2.
8. No noxious or offensive activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood or to the adjacent neighbors.
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 o~ maintained fo;^ any commercial purpose.
10. No sign of any kind shall be displayed to the public ViEi'1 on any lot
except one profes~ional sign of not more than one square foot, one sign of not
more :than five square feetadvertis'ing. the property for sale or rent, or signs
used by a buil del' to adverti se the property duri ng the cons tructi on and sales
per'j od.
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 dwellillgs out of sight
from the street. There shall be no burni ng of trash or any other waste matel~i a 1 s.
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 \.,ithin 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.oralley pavement. No tree shall be permitted to
remain Hithin such :distances'of,such intersections unless the foliage line is
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maintained at sufficient height to prevent obstruction of such sight lines.
13. -BQ.j~g[lf~Or l'lilll shall be erected, placed or altered on any lot
necrer to any street than the minimum building set-back line. Prior to
construction of any fence or viall, o\'mer shall obtain approval of plans for
fence or wall from the Architectural Control Co~nittce. The maximum height of
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any fence or wall shall be 8 feet.
14. Any sHiiTUlling pool constructed on any lot shall be subject to the
following restrictions, reservations and conditions:
(1) Cons tructi on may be only of concrete Ol~ a concrete- type
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(2) The outside edge of any pool wall may not be closer than
4 feet to the walls of the house.
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(3) No pool wall may be constructed or placed closer than 15
feet to the sides and rear lot lines.
.(4) No pool may be constructed within (recorded) designated
utility Ol~ drainage easements.
(5) 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 (b(~lling or othen'l'ise place Ol~ 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 perm-jssable to so locate so.ict unit if same is screened or othervlise
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appropr-j ate ly conceaLe,d!
15. Treehouses 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 charged to 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
18. No inoperutive cars, trucks, trailers or other types of veh"icles
shall be allo\'Jed to remain either on or adjacent to any lot for a period in
excess of forth-eight (48) hours, provided, however, this provision shall not
app1y to any such vehicle being kepL 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. W"ithin 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 \'-lhich 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 mmer of the lot, except fOl~ those improvements
for which a public author"jty or utility company is responsible.
20. Where a building has been erected or the construction thereof 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 of any
sa i d covenants except as to vi 01 ati ons they, in thei r s~2J3_~fuJ:L~"tio~ determi ne
,to be minQr~ 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 or violations are minor.
21. At any time, the then owners of at least fifty-one (51%) percent of
the lots may change these covenants in whole or part by executing \'Iritten
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 chanse set-back lines at any time prior to the construction of
a rcsiden.~e dwelling) regardless of the number of lots o\'med by it in said
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subdiyi:.;;ion.
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22. These covenants are to run with the land and shall be binding on
all purti~s and all persons claiming under them for a pel~iod of thil'ty 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
; ns trur!lent be signed by a majori ty of the then owners of the lots has been
recorded, agreeing to change said covenants ;n whole Ol~ in part.
23. 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 ;s expressly understood and agreed that all costs, including
reasonable attorney's fees) incUl~red by any moving party in all legal proceedings
\'lhi ch result in the successful enf01~cement of any covenant or restri cti on
contained in this Notice shall be borne ill full by the defendant in such
procecd-j ngs.
-24. Inva 1 i dilt-j on of any of these covenants by judgment or court order
shall) in no \'tay effect any of the other pl~ov-Isions \':hich shall remain in full
force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of
19
WINTER SPRINGS DEVELOPMENT CORPORATION
By
Pres i denf
Attest:
Secretary
HITNESSES:
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STATE OF FLORI [)r~
COUHTY OF SD1INOLE
I HEREGY CERTIFY that on this day, befolAc me, an officer' duly authorized
in the Stille iHld County aforesaid to take acknov/1edgrnents, persOI1illly appeared
ROY T. DYE und P,. E. GLAIR, vlel1 knO\'m to me to be the President and Secretary
respectively of l-JINTEr~ SPRIrlGS DEVELOrr'1ENT CORPORATION, and that they severally
acknowledged executing the aforesaid instrument in the presence of subscribing
witnesses, flAce1y and voluntarny, under authority duly vested in them by said
corporation, and that the seal affixed thereto is the true Corporate seal of
said Corporation.
HITNESS my hand and off-j ci a 1 sPed in the County and StCl te aforesaid thi s
day of , 19
~1y Cornmiss-ion Expil'CS:___
This instrument has been prepared by N.D. Castellano, Vice-President of
2699 Lee Road, Suite 501, Winter Park, Florida 32789.
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