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NOTICE OF RESTRICTIONS ON REAL ESTATE
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~ ~tate of Florida,
more particularly described as follows:
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All of the lots in Winter Springs, Unit 3 a~cording to the plat
thereof as recorded in Plat Book 17, Pages 89 and 90, of the
Public Records of SeIDinole 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 hereby
declare said real property to be subject to the following restrictions, reserva-
tions 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 representative~
successors and assigns, said restrictions, reservations and conditions being as
follows:
purposes. No building" shall
any lot other than one
one-half stories in height,
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 loca-
tion 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 }ocation with respect to topography and
finish grade elevation.
3. The Architectural Control Committee is composed of William J. Goodman,
Norman A. Rossman, Roy T. Dye, and George ~ader, all of 1301 West Colonial
Drive, Orlando, Florida. A majority of the committee may designate a representa-
tive to act for. it. In the event of death or resignation of any member of the
commiN:ee, the remaining members shall have full authoritv 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 shall
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.
4. The committee's approval or disapproval as required ~n these coven~nts
shall be in writing. In the event the committee, or its designated representa-
tive, 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 commenced prior to completion thereof, approval will not be required
and the related covenants shall be deemed to have been fully complied with.
5. Except for residences constructed on corner lots, the rear and both
sides of all other residences may have exterior construction of concrete block.
On corner lots, all residences, including detached structures, may use standard
concrete block only on the rear and the side of the structure not facing a stre~ .
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 or frame, or combination thereof, except that a .
large concrete block may be used if the same is of a type designed to simulate
wood sidin~. The ground floor area, excluSiv~_~~pen porChe: and_g:_~~ges, shall
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for a two or two' and one-half-s~tory 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 40,000 square feet, and such plot shall be not less than 100 feet in
width at the front building set-back line. No dwelling shall be erected
nearer than j,Q., feet to the front lot line nor farther than 100 feet from
I the front lot line. No dwelling shall be erected nearer than 20 feet to
any interior lot line. On corner lots no dwelling shall be erected nearer
,~-------0~;;m 25 feet to a lot line facing a street.
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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
residence either temporarily or permanently.
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.
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 pro-
vided that they are not kept, bred or maintained for any commercial purpose.
may b:. st~~~i~~_.~:~~~~l~o o~~:n;~~~~a~t::.~~h;~h~~:~d~~~~ ~;o t~;~u~~r~~~,~~ ~
inclusive. The hors~s--and--st~bles~shailbe restricted to 'the rear 101r1eet
of lot.
10. No sign of any kind shall be displayed to the public view on any lot ex-
, cept one professional sign of not more than one square foot, one sign of no~ more
than five square feet advertising the property for sale or rent, or signs 14sed
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 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 tb~
curb, all containers shall be kept at the rear of all dwellings out of sight frow
the street. There shall be no burning of trash or any other waste materials.
12. No fence, wall, hedge or sh~ub planting which obstructs sight lines
at elevations between 2 and 6 feet above the roadways shall be placed or per-
mitted to remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points 25 feet from the
intersection of the street lines, or in the case of a rounded property corner
from the intersection of the street property lines 'extended. The same sight
line limitations 'shall apply on any lot-~.dthin 10 feet from the intersection of
a street 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. r~ I '1.1 ':j <( i '/t-, j { , ". b
13. No fence'> or wall shall be erected, placed or altered nn
to any stree~tha~ the minimum building set-back line. Prior to
any fence or wall owner shall obtain approval of plans for fence
Architectural Committee.
any lot nearer
construct:'.,on qf
or' wall, from
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14. All basketball backboards and any other fixed game and play sitructures
shall be located at the rear of the dwelling, or on the inside portion of corner
lots within the set-back lines. Trec'house or platforms of a like k1nd or natu~e
shall not be constructed on any part of a lot located in front of the rear lin,;
of a residence constructed thereon.
l5A. Any swimming pool constructed on any lot shall be subject t'o the
following restrictions, reservations and conditions:
.(1) Construction may be only of concrete or a concrete-type material.
(2) The outside edge of any pool wall may not be closer than fou::: (L.),
feet to a line extended and aligned with the side walls of the house.
(3) No screening of pool area may extend beyond a line extended and
aligned with the side walls of the house.
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15B. No air' -~:dltioning units, either central or wall units, shall be
placed on the fre '- of any dwelling or otherwise placed or located so llS to be
visible to or fro~ any public street. If said unit is placed to the side or
rear of any such dwelling,but is still visible to or from Bny public street,
it shall be permissible to so locate said unit if the same is screened or other-
wise appropriately concealed.
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 pro-
vided 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 en-
compassed by a rearward extension of the sidelines of said dwelling.
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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 only
in rear of house and shall be adequately screened from view. .
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. --"--19. ~ Easements for installations and maintenance of utilities and drain-
age facilities are reserved as shown on the recorded plat. Drainage easements
are hereby reserved as follows: 7.5' drainage easement along the rear of all
lots unless otherwise noted and except Lots 95 through 114, inclusive; drain-
age easement within utility easement shown on plat on Lots 95 through 113,
inclusive; 100 foot drainage easement along westerly portion of Lot 114; 7.5'
drainage easement along the sides 'of all lots except those lot lines abutting
----street rights-of-way and except Lots 95 through 113, inclusive.
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Within these easements, no structure, planting or other material shall be-- .--.
placed or permitted to remain which may damage or interfere with the installa-.
tionand maintenance of utilities, or which 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 i~ che 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.
A. The topography of the existing depression and/or lake on the rear of
Lots 131, 138, 139, 143, 144, and 145 shall not be filled or altered in any
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. manner.
B. No structures of any type shall be erected within 100' of the center
of the creek abutting Lots 95 through 114, inclusive.
20. Where a building 'has been erected or the construction thereof is su~
stantially advanced and it is situated on any lot in such a manner that SIDe
constitutes a violation or violations of any of the above convenants, 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 convenants as are violated, provided, however, that said Developer, its
successors ~nd/or assigns, shall not release a violation or violations of any of
said covenants except as to violations they, in their sole di~.S.;:tc;J.i.on",., determine
t~ be minor, and the power to release any such lot or portions 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 (11~) percent of
the lots may change these covenants in whole or in part by executing written
instrument making said changes and have the srone 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 a..'!lendment. The
above shall not apply, however, as same pertain$ to set back lines from any front,
interior. side, rear, or side street lot line, and the said Developer, speCifically
reserVes unto jts~lf and its successors and/or 8sgir,ns the authori.ty to change
said set back lines at any time prior to the construction of a residence d,.,rt:lling,
regardless of He numDer of lots owned by it in s~jd subdivision.
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22. 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 thirty years from the
date these covenants are recorded, after whicp time said covenants shall be
automatically extended for successive periods of 10 years unless an instrumett
be signed by a majority of the then owners of the lots has been recorded, agree-
ing to change said covenants in whole or 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 is expressly understood and agreed that all costs, including
reasonable attorney's fees, incurred by any moving party in any legal proceed-
ings which result in the successful enforcement of any covenant or restriction
contained in this Notice shall be borne in full by the defendant in such proceed-
ings .
24. Invalidation of anyone of these covenants by judgment or court order
shall in no way affect 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 4th day of
january 1973.
By:
Attes t :
WITNESSES:
Secretary
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STATE OF FLORIDA
COUNTY OF ORANGE
.
I HEREBY CERTIFY rdAT on this day, before me, an officer duly authorized in
the STATE and CO~ITY aforesaid to take acknowledgements, personally appeared
William J. Goodman and N. A. Rossman, well known tome to be the President and
Secretary respectively of Winter Springs Development Corporation, and that they
severally acknowledged executing the aforesaid instrument in the presence of
subscribing witnesses, freely and voluntarily, under authority duly vested in
them by said corporation and that the seal affixed thereto is the true Corporate
seal of said Corporation.
WITNESS my hand and official seal in the County and State aforesaid this
4th day of January 1973.
Notary Public
My Commission Expires:
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NOTICE OF SUPPLm,IfEN.1'AI.. RF.S'fRH"TJ(~NS
'ON .REAL' ESTA11T-"
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KNOW ALL MEN BY THESE PRESENTS:
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WHEREAS, WINTER SPRINGS DEVELOPMENT 0bRPORAT~N, a
Florida C~rp~ration, as ~ominee for
a. 'joint venture, hereinafter called
,day of January, 1973 J wafi the owner
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WINTER SPRt'NGS VEl\IimE,
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DEVELOPER J 2!3r( the ~th
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S~1nole, State of Florida, more particularly described as
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All of the lots in Winter Springs, Unit 3,
according to the plat thereof, as recorded
in Plat Book 17, Pages 89 anct~ 90 of the
Public Records of Seminole County, Florida;
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WHEREAS, on the 4th day of January, 1973~ the said
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.WIN'TER SPRINGS DEVELOPMENT CORPORATION as nominee for WI~R
,~lUNGS VENTURE, caused to be ex'ecuted a Notice of Restrictions
on ~eal Estate, and
WHEREAS, sa:f.d Not:l.ce of Restrictions on Real Est1i-te
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duly reco'rded in the official l'ecords o'f Serrinole County,
Fl~rirla. at OR Book 9~6, Page 1503, and
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WHEREAS, th~ undersirned are owners Of in excess
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of: the lots contained in said Trnit :3 of WINTER SPRINGS, (
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accordlnf'to the plat.thereof as aforesai~, and
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WHEREAS, tho undersi~ned desire that all of the
~b9ve de~,cribed real }:Iroperty' be subject to like restrictions:
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f9.;r' the JI'utual benefi 1. and protecti,on of the owners thereof,
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'~:tb.: x-eal and cotpora~. e, who present ly own or hereafter 1I1ay
'c, p~.cha.se, or acquire fliaid property, 'or any part the'reof, or
:l:titerest in, or lien upon said property, or any part thereof~
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NOW THEREFORE, in consideration of the premises,
the undersigned do hereby declare the said real property ,to
'be. subject to the. following supplemental restrictions', reser-
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cond1t.ions binding upon each and every' person,'
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real and corporate, who'presently owns or shall hereinafter
~">acqUi*re said., r.eal property or any part thereof, their respective
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'~{~ .)es~rictions ,reservations and conditions being as follows:'
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The lots ~s hereinabove described, or parcels of
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',.1jnd 1l1'-thin the above described plat which may consist of a
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~rtion o,f a lot
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therein', as originally conveyed by the developer,
be treated as a single lot and may not at any ,
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~~~ be subdivided or sold except as one who~e 'contiguous parcel.
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2. The developer and its successors or assigns "shall
,;!WlV$ the right
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~o originally convey to one Grantee a parcel of
consist of a portion of a lot or lots,as embraced
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~ithln said plat, ~s above described, provided, ho~ever, ~t
said parcel so conveyed shall contain not less' than 40,000 square
feet of contiguous area.
Afte~ such conveyance, the parcel so
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o~nVeyed shall be deemed to be one lot and shall not thereafter.
'~$l;J.J:>d1vided. Developer retains for itself, and its successor.' ,,'
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";'~d.;..!;s.i.9'ns, the absolute right to subdivide, and re-subdiv.ide
" ,;,~tQ; pli):"cels any' of the properties as described in the aforesai~,
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"p:l.,,~ "h:h:h are owned by Developer at the time of ,execution of
these supplemental restrictions, so long as such subdividing
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is. in co.'1.formity wi.th the aforesaiQ recorded Notice of Restrictions
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o~ Real Estate and these supplemental restrictions. Any such
:f1~4~"f.4-~ed pc1ircels shall, when conveyed by Developer, shall be,
;;';~~~/t:);}.e gu'rposes of these supplemental restrictions, be regarded
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,~.8.j$iJl\lle lot and after such conveyance shall not be further
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Each lot or par,'eel of land may have constructed
thereon a private garage for not less than two nor more than
four automobiles. Such garage may be, detached from the 'main
dwelling if all set-,bac~ requirements are met, and shall be
~ooated at the side or rear of the dwelling so that its entranca
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<,..rage door) does not face any street. Suell garage. as
lpcated, may "not project beyond the front building line of
,tl.e dwelling.
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4. This restriction is intended to be supplemental
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"'tdtbi'>a.foresaid Notice of Restrictions on Heal Estate, and
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;" "'/\'.8.11 tE,'rm1nate as of the date of said rest:rictjol1s; and
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~I ".. '.8be.J.lbe 'subject to the same provisj ons for extension as tile
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extended upon the extension of the aforesairl. ~Notioe of. Restric- .
tlons~n ~eal Estate. . All of the terms of said Notice of .J
i~strict~ons on Real Estate not inconsistent with tlie terms
'~aid conditions herein are hereby incorporated by reference.
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IN WITNESS WHEREOF, these supplemental restrictions
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have been executed by the undersigned, with full authority,
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w~th th~ir respective seals affixed this _'~n__ day of
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", ,'.. I HEREBY CERTIFY that on this day, before. me"
Q$t';l.c~r. duly authorized in the State and County aforesa
't<)"t~.l~cknowledgmentB, personally appeared
, "< .' . .. and. /Z,.-A"I14 t!: ~~ ' , well
~o mEt.to be the Pres1ctent and Secretary respectively of
.. 1flzlter Springs Development Corporat ion, and. that' they severally
acknowledged executin~ the aforesaid instrument in the presence
()f S'\1b:.scx'ibil1g \'l.'itnesses, freely and voluntarily, under authority
duly-vested in them by said Corporation and that the sea,l affixed
thereto is the true Corporate seal of said Corporation.
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WITNEES my
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h~~ anel offici?). ,seal in the County and
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Notary ~blic ::. Stat~"oNlorida
NOTARY puetlc. STATE OF flORIDA Af I
My Commission Expires: ~JNg~~~~~~~J~~;..~~.v~~~~;:,
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',' ",,' I HEREBY CERTIFY that on this day, before me. an .:.'
, ::~~ _:ficer duly authorized in the State aforesaid and in the
"":/""~i,.:..aaunty aforesaid to tak.e acknowledgments. perso.nally appeare.d
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.' me own to e the persons describe ~n and who executed
, e foregoing instrument and they ackn ledged to me that they
e~ecuted the same.
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. Notary Pubi~.~~~
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I HEREBY, CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the
CounJ:y aforesaid jo take acknowledgments, persona.llY appeared
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tp me known to be the persons descri.bed in and who executed
: t~ foregoing instrument and they acknowledged to me that. they
e"ecuted the samE::,',
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WITNESS my hand
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and offici.al se~) in the County and
! S day of ~<c.> ~ p~-~,1976~
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Nqtary uplt6 -~ate qf Flqrida
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WITNESS my hand andoefficial s.e~'in tp~ County and
a.foresaid this ~:':~day of ~.. . i 1976..
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"'otaryu 1 c --State of or! a
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My
Commission Expires: .'/~ (I- ji .'
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tIOTARY PUBLIC, STATE OF FLORIDA AT LARGl
MY COMMISSION EXPIRES NOV. 11, 1978
.OfH)E~ THROUGH MUROSKI' HUCKLl8IRRY. INC. .,.,,~.'.:./
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. i!):':" I HEREBY CERTIFY that on this day, before me. an
:o~ct.tc.~r duly auth()rized in the State aforesaid and in. the
Co~'nty ~foresaid to take acknowledgments. personally appeared
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';"",-te:t;ittelti1own to be the persons described in and viho executecr-
.< tile foregoing instrument and they acknowledged to me tliat tli.ey
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WITNESS my hand and official seal
last aforesaid this day of
in the County a.nd..
1976..
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State ot Fiorida
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My Commission Expires: 4'
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I\~rf) i([V IS 'ON~ (l~: I~[M. rSTATE
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';'KU0U AttMn~ rw THFc:r pr:rSnlTs:
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. WHEREAS , tHflTER spr I~Jr,S flEVELOrrWr!T CORPORATIO'J, i\ Flori da
CGri'poration, as nominee for "IIr~TF~ SPRH~'lS VE~iIlRr, d ioint venture,
htM"eirlt~ftat' (:(llled DEVELOPER, on Ihe 11th rlay of ,Jilnuary, 1()71, was
t,b'e.r Of land in the County of Sf~I:Jino1(\, State of Flori(~d, fllOrp.
partfr;ularly .deseri bed as fo 11 O\'IS :
All of the lots in 11intrr Sprinos, I'nit 3,
according to the rlat thereof, as recordarl
in Plat Rook 17, pi~PS Sq and qn of the
Public Records of ~elllino1c County, Florida.
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,ReVis,iM,P~;~flQraph 5, page 1
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,,5~>.,Except for res i dences cons tructed on corner lots. the
re~t.a;m.tbothsides of all other resirfenccs may have exter'ior construc-
. ti:po/.ofconcrete block. On corner lots, all resirfences, inel urling
:~de,;~(l" . "s:'tfllCtures, may use standard concrete block onlY on the rear
.;,":'iliamf:i:de'of the structure not faci no a street. The exterior construc-
";;;"~"'t~'Pn'):1 front Qf all resirlencf's shall either be small concrete block,
);,'(,:j)r!f'ck, ,'UCCQ, frame, stone or wood, or combination thereof. (Simulated
stbn8;.,:" ri~k etc. may 'not be uti 1i zed. )
.':;, ..:. "',,'e",~":~i'>~r,-"~,,:>(:" . . .
.'. " ,Residences constructed on a corner lot shall have the
sJOee'l~\'atiX)rtfacinrJ a street ::of1structed of simular materials as the
fr~,~~}~~('~~,~lon. .
.\i.i,:';'.::~'i'~:;:;.r,," T~:~ minimum 1 i vi nq i; rea exc1us ive of open porches and
-"~~~~'~ m1t ,be less than 20rO square feet. -
15A, pa~e .S
Ar:y swimming pool constructed on any lot.shall be subject
,,'()~in9 restric'::ions, ~'eservations and conditions: ..
(1) Construction ,nay be only of concrete or a concrete-
type ma teri a 1 .
(7l The outside edge of any pool ~a1l may not be closer
than 4 feet to the walls of the house.
(3) No pool wall may be constructed or placed closer than
15 feet to the sides anrl rear lot lines.
~,,14) rlo pool may be constructed \'1ithin (recorderi) designated
~ . >,,' , ..
.". " utility or drain~ge easements.
C(5) No screeninq of ')001 may he constructp.rl or placed nearer
than 10 feet to the sirles and rear lot lines. "
ofUn1t 3 - Cestaro
Freeman
Fulton
Gall
Ha ttd\'/ay
'!owe 11
Li ck tei 9
Nari Ii
Iker lken
Scro Fe
" TraYlor
Webb
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