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HomeMy WebLinkAboutFoxmoor East 'QA, \ "/ VJ 1 ~ 1"-' J~ . 0 J I '-Jc-J ~ &S tJ "" Q ('l' Po ~D..J _4'~ ~J ... .vI' )l ft :2 0 ~ l.ct4! ~ . e 3~ 0 IJ1 " ;E ~ 4( c.. t rj) () ~~ JI~ r^ d ~~d r.!'4- MJI" \j deJ~ ~~~ ~~\J' :3 oct C-4' tU I~ f) ~ ~ 7" cJ .... t::: _ '3 c;.- (~ \ o~ l'" ';l c! ? i,l.) (J.. . DA'A' ~[Ri~IUI . '; (.-RKW"/'!'IT cOU" .' '-::. ~ .1 ~'I, r,~.ll_,'; -' "-\.;"" '.1 r.: l' I. , ',' F \' ,:",r ,I "", ',' -,., I ,. L, Jl.-. ..' '-' ~ o. RECORDEDe/EF:iFIEO 4 8 2 If I 0 ('C~ rES 2c ""'?, 50 bCJ r . ;) (11..... EXHIBIT "'I" G.:J r" rn '.j rll G.J (::} "- --. .'. " , : - f': (. '.) -. , r'- :-:.. ::..rl ~j : : : 17) DECLARATION OF COVENANTS AND RESTRICTIONS FOR FOXMOOR EAST I~ This Declaration is made this /2 day of f!jJlflL , 1987 by Barbara A. Christensen, individually and Newlon & Company, Inc., a Florida corporation (together hereinafter refer- red to as "Developer"), which declares that the real property described in Article II hereof is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restr ic- tions, easements, charges and liens hereinafter set forth. ARTICLE I Definitions The following words when used in this declaration shall have the following meanings: (a) "Plat" means and refers to the plat of Foxmoor East, as recorded in Plat Book (~, Page ~ through j1 Public Records of Seminole County, Florida together with any plat of additional land made subject to this declaration. (b) "Owner" means and refers to the record owner, whether one or more persons or entities of the fee simple title to any lot situated upon the properties. (c) "Developer" and refers to Barbara means Christensen, individually and Newlon & Company, Inc., a Florida corporation, their successors and such of their assigns as to which the rights of developer are hereunder specifically assigned by written instrument recorded in the Public Records of Seminole County, Florida. (d) "Declaration" means and refers to this Declaration of Covenants and Restrictions for Foxmoor East as recorded in the Public Records of Seminole County, Flor ida and as same may be amended from time to time. e e (e) "Lot" means and refers to any of the following lots: lots 1 through 10; and lots 15 through 34 of the Plat, as --- \", defined hereinabove. (/J {"II LJ..) c, , ARTICLE II ( t") t... Properties Subject t~ This Declaration The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is each :_[", 1-' --I of the Lots, as defined hereinabove. ARTICLE III General Restrictive Covenants Section 1. Applicability. The provisions of this Article III shall be applicable to each of the Lots. Section 2. Drainage and Conservation Easements. No struc- tures, buildings, or improvements other than drainage or utili- ties shall be allowed within the 100 foot conservation easements and the swale maintenance easements which encumber any of the Lots, or on the drainage easements of Tracts "A" and liB". The conservation easement shall be maintained in a natural state. Section 3. Maintenance of Swale Maintenance Easements. Each Lot Owner upon whose Lot a swale maintenance easement is platted shall be responsible for the maintenance of, and shall not obstruct drainage through, that portion of the swale maintenance easement on his Lot. Section 4. Additional Covenants and Restrictions. As to Lots 15 through 20 and Lots 29 through 34, where swale maintenance easements are less than fifty (50) feet in depth, as measured from the rear of each Lot, or where no easement is platted, no structures, buildings, or improvements other than drainage or utilities shall be allowed in that portion of the Lot located between the rear Lot line and an imaginary line parallel to and located fifty (50) feet from the rear Lot line. - 2 - e C:) I , C'> U) t") I " L.L) '. " , I ( -'~J -:1 Cl_; .' 1-' '!'y (JI C'j r (,~-/."' ~-, e ARTICLE IV Enforcement If the parties hereto, or any of them, or their heirs or assigns, violate or attempt to violate any of the covenants herein, the City of Winter Springs shall have the right to prose- cute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants either to prevent him or them from so doing or to recover damages or other dues for such violation, and the prevailing party shall be entitled to all costs arising therefrom and reasonable attor- ney's fees, including appeals of any judgment, should they occur. The City of Winter Springs, Florida shall not be obli- gated or bound by any of the covenants herein or be liable to or for any person or persons under the covenants herein. Further, the Ci ty of Winter Spr ings may, but has no responsibili ty to, enter any swale drainage easement and any conservation easement for the purpose of emergency maintenance; the cost of such main- tenance shall be assessed to the Owner upon whose Lot maintenance is performed, and in the event that the assessment is not paid wi thin one year from the date the assessment is levied, the assessment shall become a lien against the real and personal property of the Lot Owner. This Declaration shall become effective upon its recordation in the Public Records of Seminole County, Florida. Executed as of the date first above written. Signed in the presence of: /..-:, / DEVELOPER : //(7 ;/' / /. , "I ,j - ) . [} (K' I (}i), L{(~ Jtz IC{( ;('fif., I ('' /;;l.L~_lJt~ By: / ./)<'" /' /. ", ) L;/ " -~?~)/~~"'7"'.~ (t', (_....r.;-,:r,c->'L.. ;..~',.o--- B~;.J;ar~- A. Christe~sen an individual By: NEWLON & COMPANY, INC. ~ ~."J)fl!~ (,___~es H. Newlon, President - 3 - e e STATE OF FLORIDA Sc' {v! /,.,_,1 t- COUNTY OF eRANGE I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Barbara A. Christensen, an individual, to me well known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same for the purposes therein expressed. WITNESS my hand and official seal last aforesaid this I~f') day of AMI I I in the County and State , 1987. I:My ~cornrnission expires: C) ....: . 'STATE .oF FLORIDl\ ", .: j - "" "".\,\" ,)fiv1l/10 (. COUNTY OF 9RANG~ Q~6 of Florida at Large L/-)/-.9o (n '-0 r; I 0) ,h r;:J C) ~~~ '~ ,', ~;': (JA;fc{~I(~.:v" Y1~)aJ\ce . I '-.: NotarY. Publ ic-Sta te r! ~ ~. . "-. ,", - ~...-.. ," I" . ('., -r; (__I.) ,-- " ".... '-' , '0 :').~ c r; , '-.) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James H. Newlon, as President of NEWLON & COMPANY, INC., a Florida corporation, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the pur- poses therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this Iii..', day of Ihln J , 1987. I .,' { . :' expires: Q L~~1J/to Florida at Large q<)/-9o (. "., : ........ : I I ! ~ . I : I , , . 1 \ ' . DI07LJBEIO-J5 04/13/87 - 4 -