HomeMy WebLinkAboutTuscawilla Unit 8
NOTICE OF RESTRICTIONS ON REAL ESTATE
UN/t-.8
KNOW 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:
A 11 of the lots in Tuscawi 11 a Un; t 8 accordi ng to the
plat thereof as recorded in Plat Book , pages
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
any interest in or lien upon said property or any part thereof.
NOW, THEREFORE, in consideration of the premises, Developer
does her'eby 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:
t
1. lNo lot shall be used except for residential purposes. No
building shall be erected, a'ltered, 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 fl~ont the closest
side lot line or rear lot line only; no garage door may face any street.
.n. .... ,._ '.. ". .." , ......
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 Arthur M. Barr, all of 2699 Lee Road, Suite 501,
Winter Park, Florida. 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 shan 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.
t
t
,
f
t ~
~.
!
t'"
~.
r
I;
.
r
4. The conmlittee's approval or disapproval as required in these
covenants shall be in \vriting. In the event the committee or its designated
representative, faiis 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.
,
1
t'
;
~
1
r
r'
r:
~"
r:
~
~.'
!
~~
i
~
~
f
f
I'"
~;
r
f
I.
r
(
I
t;
.
t,
f
umd- cf
,
,
"
('
r
j'
I,
5. Except for residences constructed on corner lots, the
rear and both sides of a 11 other' res i dences may ha ve exteri or
construction of concrete block, wood frame or similar construction
detail. On corner lots, all residences including detached structures
may use sta.ndard 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, exclusive of open porches and garages,
shall be not less than JjQ!lsquare 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 storey dwelling, provided said
dwelling has a minimum of 1500 square feet of living area over all.
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 3.5-.fe.eL to the fr.o.rrLlgt 1 i ne nor farther' than 60
feet from the front lot line. No dwelling shan~erected nearer than
10 feet to any interior lot line. The minimum distance between any and
all dwellings shall B@ 20 fS'..et. 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, trailer, basement,
tent, shack, garage, barn or other outbuilding shall be used on any lot
at any time, 3~~.Tesidence either temporari ly or permanently.
Any temporal~y building such as a utility shed, green house,
treehouse, platforms, 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.
8. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which mayor may become an
annoyance or nuisance to the neighborhood or to the adjacent neighbors.
9. No animals~ livestock, or poultry of any kind sha1l be
raised~ bred Ol~ 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 com~ercial purpose.
10. No s"lgn of any kind shall be disp"'ayed 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 fer
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, wa1l~ hedge or shrub planting which obstructs
sight lines at elevations between 2 and 6 feet above the roadways shall
be pi aced or permitted to remai n on any corner 1 at withi n the tr"j angul ar
area formed by the street property lines and a line connecting them at
points 25 feet from the intersection of the str~et property lines extended.
The same sight line lirrr1tations shall apply on any lot within "lO feet from
the intersect"ion of a str"eet 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 shall be erected, placed or altered on any
lot nea.rer 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:
(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
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.
(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
fronl 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 ovel'grown 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 dGYs after being provided with a written
notice of such charge, the same shall become a lien upall 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
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 ch~nge 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-
...-
o
L()
..0)
~.fJ
.n'r-
::3
"0 (/)
ClJ
s... r.
10"0
0..10
0)0
s...~
0.. Q)
O)C()
r: ell t....
0) _.-' "I
Cll (Y)
.D C1
()) rCl
III \D "0
10 N or-
J:: S-
'.0
.fJ (1.'...-
C::l~
0)S-
El- r.
::l .~
s... .s...
.fJ:C 10
III 0...
CIIl
.,.... 0) s...
...-0)
1IlS-.fJ
.,.... 10 C
..c...r::. .~
l-U~
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 said covenants except as to
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
or violations are minor.
21. At any time the then owners of at least fifty-one per cent
(51%) of the lots may change these covenants in whole or in part by executing
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.
22. These covenants are to run with the land and shall be binding
on a 11 parti es and all persons cl a imi ng under them for a peri od of thi rty
years from the date these covenants are recorded, ~fter 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.
23. Enforcement shall be by pl~oceedings at law or in equity
against any person or personsviolating or attempting to violate any covenant
either to restrain violation or to recover damages.
It is expressly understood and agreed that all costs, including
reasonabl~ attorney's fee incurred by any moving party in any legal
proceedings which result in the successful enforcement of any covenant or
restriction contained in ~his Notice shall be borne in full by the defendant
in such proceedings.
24. 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of ___, 1979.
WINTER SPRINGS DEVELOPMENT CORPORATION
WITNESSES:
By
Vi ce- Pres-i dent
Attest:
STATE OF FLORIDA
COUNTY OF ~EMINOLE
THEREBY CERTley that on this day ~efore me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personal1y appeared CHARLES H. TRUE and A. E. BUlJR, well known to me to be
the Vice:President and Secretary respectively of Winter Springs Development
~orporatlon, and that they severally acknowledged executing the aforesaid
lnstrument i~ the presence of subscribing witnesses, freely and voluntarily
und~r authonty ?uly vested in them by said Corporation, and that the seal
afflxed thereto lS the true Corporate Seal of said Corporation.
WITNESS my hand and official seal in the County and State
aforesaid this _____ day of , 1979.
My Commission Expir'es:
Notary Public