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HomeMy WebLinkAboutNorth Orlando Company -1958 08 05 . . " "JI · ~. ,J ~ '. ; }31 /1 (hOLtZ(~~N ~E. ~/?~ 'i? '3 4--- ~ go G:> " ", ~!' Official Records Book 179 page 470 "' Dated Aug. 1, 1958 Filed Aug. 5, 1958 RESTRICTIVE COVENANTS APPLICABLE TO NORTH ORLANDO, a Resubdivision of a Part of D. R. Mitchell's Survey of the Levy Grant, according to Plat of North Orlando recorded in Plat Book 12j pages 10 and 11 of the Official Records of Seminole County, J;'lorida. . TO WHOM IT MAY CONCERN: THE NORTH ORLANDO COMPANY, a Florida Corporation, being the owner of the following described property, to-wit: NORTH ORLANDO, according to. plat recorded in Plat Book 12, page_lO and 11 of the official records of Seminole County, Florida said ~ands situate, lying and being in SEMINOLE COUNTY, FLORIDA, and DO HEREBY ESTABLISH AND PLACE OF RECORD on the above described property the following restrictive covenants: Any conveyance of said property is made subject to the following restrictions, covenants and servitudes: (A) SINGLE FAMILY RESIDENCE. No building shall be allowed on any of the following lots: Lots 1 to 7 inclusive and Lots 11 to 18 inclusive in Block 15; Lots 1 to 9 inclusive and Lots 12 to 20 inclusive in Block 16; Lots 1 to 23 inclusive in Block 17; Lots 7 to 12 inclusive in Block 18; Lots 1 to 7 inclusive and Lots 9 to 16 inclusive in Block 19; Lots 1 to 26 inclusive in Blo9k 20 except one detached single famiiy dwelling house (with necessary out- buildings), for residential use by on~ family only. No temporary dwelling shall be erected on any lot. (B) TWO FAMILY DWELLING. No building shall be allowed on any of the f'ollowing lots: Lots 8, 9 and 10 in Block 15; Lots 10 and 11 in Block 16; Lots 1 to 5 inclusive in Block 18 except a single dwelling house for residential use by one family or a two family dwelling house for residential use of two families, and necessary outbuildings. No temporary dwelling shall be erected on any lot. (C) MULTIPLE FAMILY DWELLINGS. No building shall be allowed on any of the following Lots: Lot 6 in Block 18; Lot 8 in Block 19 . except a single family dwelling house; a two family dwelling house or an apartment house (multiple family d~elling) and necessary outbuildlng~. No temporary dwelling shall be erected on any lot. .' 8 . '-. 1."l... . i ~ Official Records Book 179 page 470 cont. ,-2 (D) BUSINESS, SCHOOLS AND OTHER NON..lRESIDENTIAL USES: Tract "A" and any others designated as non7residential, shall not be subject to the restrictions or requirements set out in Paragraphs 1, 3, 4, 5 and 9 herein. GENERAL RESTRICTIONS SET BACK LINES: . .. t: 1. No building nor any part thereof ;shall be erected on any lot closer~. ~. than 25 feet to the front line, or closer than 7t feet to either side ~\ lot line or closer than 25 feet to the rear lot line. Where two or more r' ~ lots, or one lot and a portion of an adjoining lot is used as a . ~~ single building site, the side 'lot lines shall refer only to the lines J.A ~ ~ bordering on the adjoining property owner. .~ 2. UTILITY EASEMENTS: TheTe is hereby reserved for the purpose of ~ installing and maintaining municipal and public utility facilities ~ and for such other purposes incident .to the development of the propert.r:&~ those easements shown upon ~he plat hereof, each being designated: ~1 "Utility Easement", and there is also hereby reserved easements and f v9" rights of way for constructing anchor guys for electric and telephone ~~ poles, strips of land 2 and one-half feet in width on each side of each side boundary and extending a distance of twenty feet in depth, as approved by the Developer. No building shall be erected on any easement. 3. LOT AREA AND WIDTH: No dwelling shall be erected or placed on any lot having a width of less than 75 feet at the minimum building setback ~ line nor shall any dwelling be erected or placed on any lot having an ~~. area of less than 8000 square feet. None of the lots shall at any time ~ be dividedj nor shall any of them be sold except as a whole; but this ~f~ restriction shall not prevent the Subdivider ~erein from conveying a e part of a lot or lots to the owner of owners of adjoining lands provided that in the event of ownership of one or more lots and a part or parts of a lot or lots adjacent thereto, such lot or lots shall be considered an integral unit and no building or structures not any part thereof shall be erected or maintained nearer the side boundary lines of such integral unit than 7~ feet. . 4. NUISANCES: Nothing shall be done on any lot which may be or become an annoyance or nuisance to the neighborhood. No horses, cattle, . ~ swine, goats, poultry or fowl shall be kept on any lot. No signs of ur any character shall be displayed, except that the owner may display .~~~ on his premises, a IIFor Sale" or "For Rent" sign, referring only to () <j\ · the premises on which displayed, provided the form and size of such ~ > signs has first been approved in writing by the Committee. No ~eeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the premises hereby referred to and no refuse pile or I unsightly objects shall be placed or suffered to remain any\~here thereon; and in the event that the party to whom the property has been conveyed by the Subdivider shall fail or refuse to keep the demised property free of weeds, underbrush or refuse piles or other unsightly objects or growths, then the Subdivider and/or Committee may enter upon the said lands and remove the same at the expense of the owner, and such entry shall not be deemed a trespass. J ~- " (.' -. -~.;. Official Records Book 179 page 470 cont. ,-3 5. WALLS: No boundary wall, hedge or shrubbery shall be pennitted with a height of more th~n 5 feet and no wall shall be constructed on any lot until the height, design and approximate location thereof shall have been approved in writing by the Committee. 6. BUILDING' PLANS-APPROVAL: .The owner or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building, wall, or other structure or improvement shall be placed upon such lot unless and until the plans and specifications therefor and plot plan have bean approved in writing by the Committee. Each such building, wall or other structure or improvement shall be placed on the premises only in accordance with the plans and specifications and plot plan so approved. Refusal of approval of plans and specifications by such Committee may be based on any ground, which, in the sole and uncontrolled discretion of the Committee shall ~eem sufficient. 7. SIDEWALKS: No sidewalk shall be constructed in front of or on the side, (in case of corner lots), except pursuant to as to loc~tion and specifications approved in writing by the of the Subdivider. 8. Whenever a sewer system is constructed and collection lines available, it is mandatory that each property O\iner connect to such system and pay such rates for service as may be specified. in the applicable franchise, trust deed or other instrument. But it is agreed that the property owner shall have no right, t~tle or interest in or to the sewerage system or water system, or any "appurtenances thereto, constructed to serve said property,. and same shall remain the property of the Company until completed at which time the Company is transferring the same as a capital contribution in aid of construction, to an appro- priate utility company furnishing said services in consideration of said Company furnishing said services to the subdivision. The North Orlando Company reserves to itself, its agents, employees or any contractor or subcontractor, the right to enter upon the land covered by these restrictions, for the purpose of carrying out and completing the development of the property, including but not limited to, completing any filling, grading or installation of drainage,sewer or water lines. . 9. SIZE OR BUILDINGS: No building shall be erected on any residential ~ lot (except necessary outbuildings approved by the Committee) which does not comprise at least 900 square feet of floor space. The method of determinng tha square foot area of proposed buildings shall be to multiply the outside horizontal dimensions of the building at each floor level. Garages, carports, screened porches, patios and terraces shall not be taken into account in such calculations. 10. COMMITTEE: The Committee herein provided for shall be in the first instance, composed of E. Raymond Mossj Varley P. Young and William E. Hayes, and any two of such three shall have the right to appoint a successor for anyone of such three who shall resign as such committee- man, die or otherwise become unable to act as such. Successor Committee members shall be appointed by the Subdivider. After November 1, 1968, or after the Subdivider shall have sold all of the.lots in the subdivision / any lot a plan engineer '. 'e - .-It ~ :!~.." "'. \ .~ . ;.~ , ? ~ 1 Official Records Book 179 page 470 cont. ,-4 (whichever first occurs) then.and in such event all privileges, powers, rights and authority shall be exercised by and be vested in a committee to be selected by the owners of a majority of the lots in the subdivision. 11. REMEDIES FOR VIOLATION - INVALIDATIONS: For a violation or breach of any.of these ,restrictions by any person claiming by, through or under the Subdivider, or. by virtue of anY1judicial proceedings, the Subdivide~ and the lot owners, or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them, or to recover damages, and the cost of such litigation shall be borne by the. losing party, if, by virtue of judicial prooeedings Such violation or breach shall be deemed .to have existed. In addition to the foregoing right the Subdivider shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon the property where such violation of the restriction exists and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed a trespass. The failure to promptly enforce any of the restrictions shall not bar their enforcement. The invalidation of any one or more of the restrictions by any court in no wise shall effect any of the other restrictions,but they shall remain in ,full force and effect. 12. EXISTANCE AND DURATION OF RESTRICTIONS: 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 twenty rive 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 signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. IN WITNESS WHEREOF, THE NORTH ORLANDO COMPANY, a Florida corporation, has caused these presents to be execute~ by it's proper officers, who are thereunto duly authorized, and it's corporate seal affixed, at Miami, Dade County, Florida, this 1st day of August, 1958. vlitnesses: Howard E. Jantheimer Marion Mestne THE NORTH ORLANDO COMPANY, By: E. Raymond Moss, President Attest: William E. Hayes, Secretary ~ (corporate Seal) State of Florida County of Dade ss Acknowledged on this 1st day of August, A. D. 1958, by E. RaYmond Moss and William E. Hayes, respectively President and Secretary of THE NORTH ORLANDO COMPANY, a corporation ... at Miami, in the County of Dade and State of Florida the day and year last aforesaid. 1:1 ~!i ," ~ Varley P. Young, Notary Public State of Florida at large Com. Exp. Sept. 2, 1961 ~ ">:1! ;,4 . ~ (Notary Seal) (324199 )