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HomeMy WebLinkAboutFoxmoor Unit 1 U 'f ,(,/.A/,- 4' 1:J 0. II IOU 0 _":\;"_1 :. "~I . o"':.,,,.,_D ...~, .' ":->.~j~ ~ SEI~!I;:'h~ CJc~ ' hr)RIO.~ e \- \, fl,.l~':""'" , '- ~":'"..:~ ~~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS "- I" . /1," ., " c;) C""J 0 -1 <".", CO CO ...... . c: r, " 1"0 -, ..' 01 L . " :: ...., ........ I, ~ ~~, ~ P -1 '. , ,'7':" ... FOXMOOR, UNIT 1 THIS DECLARATION, Made on the date hereinafter set forth by FLORIDA LAND COMPANY, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Winter Springs, Seminole County, State of Florida, which is more particularly described, as follows: Al I of Foxmoor, Unit I, according to the Plat thereof recorded in Plat Book 19, Pages 70 and 71, Public Records of Seminole County, Florida. NOW THEREFORE, Declarant declares that all of said properties shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the des- cribed properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I RESIDENTIAL USE No building shall be allowed on any of the lots, except one detached single family dwelling house (with pecessary out-bui ldings), for residential use by one fami ly only. No temporary dwelling shall be erected on any lot. Anything herein notwithstanding, any site may be used fof a model home or a real estate office with customary development signs during the construction phase of the project. ARTI CLE II COMMUNITY APPEARANCE COMMITTEE Section 1. Establishment of Committee. There is hereby established a Community Appearance Committee (the I'Committee"), which shall exercise the powers set forth in this Declaration. The Committee shall be composed of three persons who shall initially be appointed by the Declarant, and shall serve at Declarant's pleasure. Concurrence of two members shall be required for any action by the Committee. From and after January 1, 1981, or such time as Declarant shall have conveyed all lots within the subdivision, whichever shall first occur, the members of the Committee shall be elected by the owners of lots in the subdivision. The three'persons receiving the highest number of votes cast at a meeting of homeowners cal led for such purpose, shall be duly elected. The initial Committee shall be composed of the following persons: R. Phi lip Si lver, John D. Christie and George M. Cox. Section 2. Review by the Committee. No building, fence, wall, or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition or change or alteration be made unti 1 the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shal I have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Committee. 1,~",I,::",:]",':>:"", If')" , .. " I, " , .'.' '" " '. ~. ..' . ..0 .~ .. ... .._ '~~;~'~,~:,', ,-,'-",',-~:-~',"~",-~'~'"j ~ ,: . ". I ,I :: 1. '\, I,'.::!: 'l L:,' I I I I .\ - >;i e I U 0 () 'J I I b "". L~~_~:: :.>('rJ'i ~"^:J~ ,) E H IIj[jl_:: C OU~ny ;:LORiO~ In the event that the Committee fails to approve or disapprove any plans and specifications as herein provided within 30 days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required. -" ",,'\'D " 'c', i ..,,0....' ~ rVIJ:"~'" I I,....' ~q~11'; ARTICLE I I I GENERAL RESTRICTIONS Section I. Setback. No bui lding nor any part thereof shall be erected on any lot closer than 25 feet to the front lot line, or closer than 25 feet to the rear lot line. Distance from building to side lot lines shall conform to city ordinances in at the time bui lding permit is issued, but shall not er tha 5 fee-. Where two or more lots, or one lot and a portion o an adjoining ot, are used as a single bui lding site, the side lot lines shall refer only to the lines bordering on adjoining property. On corner lots, the front line setback of 25 feet or more must be maintained, but a l5-foot sideline setback will be permitted on the street sideline, provided the corner lot faces the same way as all other lots in the block. If the bui lding faces the long dimension of the lot, or where corner lots face a different thoroughfare than other lots in the block, the 25-foot or greater setback must be maintained from both thoroughfares. Section 2. Uti I ity Easements. There is hereby reserved for the purpose of install ing and maintaining municipal and public utility facilities and for other purposes incidental to the development of the property, those easements shown on the plat and designated "Util ity Easement". No bui lding or structure shall be erected on any easement. l f2$f ,- ~,I' Section 3. Lot Area and Width. on any lot having a width of less than line nor shall any dwelling be erected of less than 6,600 square feet. No dwelling shall be erected or placed 60 feet at the minimum building setback or placed on any lot having an area Section 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 any character shall be displayed, except that the owner may display on his premises a "For Sale" or "For Rent" sign, referring only to the premises on which displayed, provided the signs are no larger than 6 square feet and of professional qual ity. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon any lot, and no refuse pile or unsightly objects shall be placed or suffered to remain anywhere thereon; and in the event that the party to whom the property has been conveyed by the Declarant shall fail or refuse to keep the property free of weeds, underbrush, refuse, or other unsightly objects or growth, the Declarant 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. See t i on 5. shall be permitted constructed on any thereof shall have Wal Is and Hedges. No boundary wall, hedge or shrubbery with a height of more than 6 feet, and no wall shall be lot unti I the height, design and approximate location been approved in writing by the Committee. Section 6. Sidewalks. lots and on the side (in case than 4 feet wide and 4 inches accepted standards, and shall Sidewalks shall be constructed in front of all of corner lots). Sidewalks shall be no less thick and constructed accordihg to generally be constructed of concrete. Section 7. Connection to Sewerage System. \-Ihenever a sewer system is constructed and collection 1 ines avai lable, it is mandatory that each property owner connect to such system and pay such rates for service as may be specified in the applicable franchise, trust deed, or other instrument. No property owner shall have any right, title or interest in or to the sewerage system, water system, or any appurtenances thereto, constructed to serve said property, and same shall remain the property of Declarant or its successor unti I completed, at which time it may be transferred as a capital contribution in aid of construction to the company furnishing said services to the subdivision. Section 8. Si~e of Buildln~s. No building ~hall be erected on any r@ildentlil lot (except ngGes~ary outbui ldings ~pprQved by the Committee) whIch does not comprise et lesst 950 square feet of floor sp~ee. The method of determining the area of proposed bui ldings shall be to multiply the outside horizontal dimensions of the bui lding at each floor level. Garages, carports, porches, patios and terraces shall not be taken into account in such calculations. AR TIC Lf I V e.~ j C 0 I I 4 I... -t',;";!',1 ..J ~"'... :;e: I~ I.,'.,~ ~ Sfl-C h 'JL ~ \: JLI 1/Tl' F 1..(111 I D~ ", (Vc.Jj,"" ..,' -" , ':'-/)0 ~~.y.~ ~ 1'.' COMPLETION OF DEVELOPMENT Declarant reserves to itself, its' agents, employees, successors, 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 vlater lines. ARTI CLE V GENERAL PROV I S IONS Section I. Enforcement. The Committee, or any Owner, shall have the right to enfor6e, by any proceeding at law or in equity, all restrictions, conditions, covenants, and reservations nOvl or hereafter imposed by the provisions of this Declaration. Fai lure by the Committee or by any Owner to enforce any covenant or restriction herein contained shal 1 in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court ol-der shall in no wise affect any other provisions, which shal I remain in full force and effect. Section 3. Duration and Amendment. The covenants and restrictions of this Declaration shal ] run with and bind the land, for a term of 25 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years. This Declaration may be amended during the first 25 year period by an instrument signed by not less than 75% of the Lot Owners, and thereafter by an instrument signed by not less than a majori ty of the Lot Owners. Any amendment must be recorded in the Publ Ie Records of Seminole County, Florida. IN WITNESS ~/HEREOF, the undersigned, being the Declarant herein, has here- unto set its hand and seal this 11th day of .5,-;:?fc.rnb-:.r ,1975. I '/)~ <::l~i 9-----:;~--, /l/Lt ~ d FLORIDA LAND COMPANY /~:'?;/I /'/ BY(' .). ) /' <'- /~, ,. .--..... ........ (~, - '-R. Phi] ipS i r.ver President "I .,0. Signed, sealed and delivered in the presence of: " ( SIAL) , ., , -' tdt"""" '.' , . , . ".f) "... Attest: ~/Q '(S'EAL'}:, Daniel O. \./hi te Assistant Secretary ..~ ,.' ..' STATE OF FLORIDA COUNTY OF ORANGE BEFORE 11E, personally appeared R. Phi 1 ip Si lver, and Daniel O. ~/hi te, to me well known and known to me to be the President and Assistant Secretary respectively of FLORIDA LAND COMPANY and who executed the foregoing instrument and acknowledged before me that they executed the same on behalf of the corporation for the purposes therein expressed. d \-- / . \./ITNESS my hand and official seal this II <'" day of.....J?/;(l!.-li(. f...l"Y197. 5. ~. C) Q/< \?<;;~&tC'f( /C( ,0/C~.~"-;(~' . )"'^" -. Notary Public '"'\,;"'l I. . ) (. '-',' , '.. " " My commission expires: Nolary Public. Stcte of Florid;) ~t larr;e )/lY Commission ExpilQS July 17, !~lC , .. 11'\ T~- ~I ~ ~_~:.~ F__"'___.~;?"__'__;-~:~'~,-,-_~__'""""';:_""~,_::_;~,,,,,,,----,,- . " ~ , . . r , I .1 t '/" , ,/i: ro*". --,-, ,-f .". .- ~ . (\ ')' !.Lc.~'~ /~ /11 (' .,\ RESTRICT::::~::: 7PLIk T 7J(fl- fr A resubdivision of a part of Dr. Mitchell's sur- vey of the Moses E. Levy Grant, according to Public Records of Seminole County, Florida TO \-TROM IT NAY CONCElli'!': FLORIDA LAND COMPANY~ a Florida Corporation~ being the owner of the following described property, to-wit: Foxmoor, Unit l,;as reco'rded in Plat' Book Page of the Public Records of Seminole County, Florida. . ~ ':- . said lands situate~ lying and being in SEMINOLE COUNTY~ FLORIDA~ ~ . DO HEREBY ESTABLISH AND PLACE OF RECORD ON THE ABOVE DESCRIBED PROPERTY THE FOLLOWING RESTRICTIVE COVENANTS: .. ;;.:: Any coveyance 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 lots~ except one detached single family dwelling house (with neces- sary' out-buildings)~ for residential use by one family only. No temporary dlyellin~ shall be .affe<:ted on any lot. All else herein not- withstanding, any site maybe used for a model home or a real estate office with customary development signs during the construction phase .,,'.... of the project. GENERAL RESTRICTIONS ..::;~ , -.... - .' - SETBACK LINES: - '~ .,' ,-".- 1. No building nor a~y part thereof shall be erected on any lot closer . -,~_:, .-;. """... ~ than 25 feet to the front line, or closer than 25 feet to the rear lot line. Distance from building to side lot lines shall c~nfo~' to city ordinance in effect at the ttme building permit is issu~d but shall not be closer than 5 feet. t-lhere t-wo or more 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 bordering on the adjoining property miner. ..... ,'....:.I...,._;;.~."'-:, --- " .-~~~ :~. ~~~'~:;<~-c~:_-:~:,~..' ...~< ", --~..;...";. -;>-- .t."M ..:,-- ... . -- .~.~.,. . .' - .' ~ ~ I , e ~I I' e CORNER LOTS - On corner lots, the front line' setback of 25 feet or more must be maintained, but a IS-foot sideline setback will be permitted on the street sideline, provided the corner lot faces the same way as all other lots in the block. If the building faces the long dimension of the lot, or where corner lots face a different thoroughfare than other lots in the block, the > 25...foot or greater setback must bi! maintained from both thoroughfares. 2. UTILITY EASEMENTS: There is hereby reserved for the purpose of in- stallinS,alld maintaining municipal and public utility facilities and for such other pu~p~ses incident to the development of the property~ those easements shown upon the plat hereof, each being disignated: "Utility Easementa," a~q there is also hereby reserved easements and rights of way, for construct~nganchor guys for electric and telephone-poles, strips of land two an4 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 or structure of any nature 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 60 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of .less than 6,600 square feet. 4. ~ISANCES: Nothing shall be done on any l~t 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 any.character shall be displayed, except that the owner may display on his premises a "For' Sale" .. or,"For Rent" sign, referring only to the premises on which displayed, pro- vided the signs are no large~ than 6 square feet and of professional quality. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the premises hereby referred to and no refuse pile or un- sightly objects shall be placed or suffered to remain anywhere thereon; and in the event that the party to whom the property has been conveyed by the Subdivider shall fail or refuse to keep t~e demised property free of weeds, underbrush or refuse piles or other unsightly objects or growths, the - 2 - ~~~:-'~:'.---":-,~-:"". ~~ e e -1 - 3- ~ e ~q~O F- co r -j ting the ,sewer or water lines. . , filling grading or installation 0 9. SIZE OF BUILDINGS: erected on any residential lot (except approved by the Committee) which does not comprise of floor space. The method of determina- 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 iri such calculations. 10. C~MMITTEE: The Committee herein provided for shall be in the first instance, composed of J. Nolan Reed~ Bill Moore and John Hall and any two of such three shall have the right to appoint a successor for anyone of such three who shall resign as such committe~man, die or otherwise become unable to act as suell; 'After 1980, .orafter the Subdivider shall have sold all of the lots in the subdivision (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 any judicial proceedings, the Subdivider 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 proceedings, 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 enforce- ment. The invalidation of anyone or more of the restrictions by any court in no wise shall affect any of the other restrictions, but they shall remain - 4 - ~------_._._.__.-----_..__.- -_.~-~....,_.--~-:----~---~ e e in full force and effect. 12. EXISTENCE 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-five years from the date these covenants are recorded, after such tLme said covenants shall be automatically ex- tended for successive periods of ten 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 WHERE9F, FLORIDA LAND COMPANY, a Florida Corporation, has caused these presents to be executed by its proper officers, who are thereunto. duly authorized and its corporate seal affixed, at North Orlando, Seminole County, Florida, this day of , 19 Witness: FLORIDA LAND COMPANY By: Attest: - 5 - ~ J e .~c~~ -* e STATE OF FLORIDA: COUNTY OF SEMINOLE: I HEREBY CERTIFY, That on the before me personally appeared and day of . 19 , , respectively, President and Secretary of FLORIDA LAND COMPANY. a corporation under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing instrument and severally acknowledged the execution of the foregoing instrument and severally acknowledged the execution thereof to be their free act and deed as such officers hereunto duly authorized; and that the official seal of said cor- . poration is duly affixed thereto, and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at North Orlando, Florida.. in the County of Seminole and State of Florida the day and year last aforesaid. - 6 - ~~.~--~