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HomeMy WebLinkAboutGreenbriar Unit 5 A ~~ ~li~ISC;I\\'ill;1 WINTER SPRINGS DEVELOPMENT CORP. Suite 501, 2699 Lee Road Winter Park, Fla 32789 (305) 628-0200 September 7, 1~77 l\ N ,-t - s- Mr. Ray Bradshaw City of Vii nter Spri ngs 102 ~orth Moss ~oad jJinter Springs, Florida ?-2 7'] 7 Dear Mr. Dra~shaw: Enclosed n1ease find a copy of the dccrl restriction for Tuscawil1~ Unit 5. Very truly yours, ',lJ"-_ ~2_,_l:(JQtii."fa,-u~-~~, N. D. Castellano i mc/ nm ORBA.?..:L... PAGE. s:r 2.-L, ;, NOTICE OF RESTRICTION ON REAL ESTATE t Ii r' ~ 'c' KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Winter Springs Development Corporation, a Florida corporation, herein- after called Developer, is the owner of the land in the City of Winter Spl'ings, County of Seminole, State of Florida, more particularly described as follows: All of the lots in Tuscawilla Unit 5, according to the plat thereof as recorded in Plat Book ~C) Page \~ of the Public Records of Seminole County, Florida. ~;. ~, ~;, and I ; I t" ~, \;" WHEREAS, Developer desires that all of the above described real property be sub- ject to like restl'ictions for the mutual benef~t and protection of itself and all persons, both real and corporate, who he)'eafter may purchase or acqui re said property or any part th.reof, or any interest in or lien upon said property or any part thereof. NOW, THU .'~E, in consideration of the rremises, Developer d02s hereby declare said real pr~~ to be subject to the follo~~ing rEstric~ions, reservations and con- ditions, bind Jpon said Developer and upon each and every person, both real and corporate, wh.. jr \~hich shall acquire hereafter said real property or any part thereof, and tl,eir respective heirs, personal representatives, successors d1d assigns, said restrictions, reservations and conditions being as follows: 1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than~detached single-family dwelling not to exceed two and one-half stories in heig~a orivate garage for at least two and not more than four cars, boathouse not to exceed 15 feet in height above water elevation, and a stable. 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 struc- tures, 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 N. D. Castellano, 2699 Lee Road, Suite 501, Winter Park, Florida 32789. A majority of the committee may designate a representative to act for it. In the event of death or l^esignation 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 perform,!d 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 writt0n 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 in these covenants sr'all De in ~:riting. In the event :1:0 committee, or its deSignated r'Epresentiltive, fans to approve or disapprove within 30 days after plans and specifications have Dcen submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to cOr.1p'etion thereof, approval wili not be required and the related covenants shall be deemed to have been fully complied with. 5. The ground floor area, exclusive of open perches and garages, shall be not less than 2000 square 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-~alf story dwelling, provided said dwelling has a minimum of 2000 square feet of living area over all. ,:,; " ; ~ ~ r, :1 t ~ 6. No dwelling shall be constructed on a plot having an area of less than 43,560 square feet, and such plot shall be not less than 100 feet in width at the building line. No dwelling shall be erected nearer than 75 feet to the front lot line or lake and nearer than 100 feet from the rear let line. No dwelling shall be erected nearer than 20 feet to any interior lot line. , 5 ~ ~ 1. i ., i ;. ~ .;.m /69'-1.. PAGe Sf.;), ,2.. 7. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that horses, dogs, cats or other household pets may be kept pro- vided that they are not kept, bred or maintained for any commercial purpose. 8. No sign of any kind shall be displayed 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. 9. 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 con- tainers and, except during pick-up, if required to be placed at the road, all con- tainers shall be keat at the rear of all dwellings out of sight from the road. There shall be no burning of trash or any other waste materials. 10. No fence, wall or seawall over 2 feet in height shall be erected, placed or altered on any lot nearer to the lake than the minimum building set-back line (75 feet). Prior to construction of any fenc~, wall or seawall, owner shall obtain approval of plans for fence, \~all or seawall from Architectural Committee. 11. 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. 12. No inoperative cars, triJck:-;, 1.ra11e:'5, or :;cher types of vehicles shall be allowed to remain eitner on or adjacent to any lot for a period in excess of forty-eight (d8) hours, provided however, this provision shall not apply to any such vehicle being kept in an enclosed garage. There shall be no major readir performed on any motor vehicle on or adjacent to any lot 1n the subdivision. Recreational vehicles, such as campers, boats on trailers and motor homes, shall be kept out of v;ew of adjacent property owners. 13. The 30 foot private ingress - egress easement and public utility easement will be maintained equally between property owners of a11 lots. Said easement is for the private use of the lot owners and public utility compa~y serving said lets and may also be used by emergency vehicles such as fire, Golice and rescue units. 14. Where a building has been erected or the construction thereof is sub- stantially advanced and it is situated on any 10:: in such a manner thctt sume con- stitutes a violation or violations of any of the above cov8nants, 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, provi~ed, however, that said Developer, its successors and/or assigns, shall not release a violation or violations of any of said covenants except as to violations they, in their sole discretion, detel'mine to 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. 15. At any time the then owners of at least fifty-one (51%) percent of the lots may change these COV2nants in wl10le or in part by executing written instru- ment making said changes and have the same duly recorded in the Public Records of Seminole County, Florida. HOl'lever, iiny such amendment shan not apply to any lots owned by Developer unless Developel' has jOined in s?id amendment. The above shall not apply~ hOlt/ever, as scme pertains to set oaeL" "lines ff"cm any frent, 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, regard- less of the number of lots owned by it in said subdivision. 16. These covenants are to run with the land and shall be binding on all parties and all persons claiming undf?r them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be auto- matically extended for successive periOds of 10 years unless an instrument be signed by a majority of the then C'wners of the lots has been recorded, agreeing to change said covenants in whole or in part. 17. Enforcement shall be hy proceedings at la\'1 or in equity against any person or persons violating or attempting to violate any covenant either to restrain vio- lation or to recover damages. - 2 - ~ ! i ! f I ~ 1 I I I I I I~ I' ~..... ~. r ~:;, i.'. i~ l~ ~~ I ~, ORB J..Q.J?.:L PAG~},2 It is expressly understood and agreed that all costs, including reasonable attorney's fees, incurred by any moving party in any legal proceedings which result in the successful enforcement of any covenant or restriction ~ontained in this Notice shall be borne in full by the defendant in such proceedings. 18. Inval idation of anyone of these covenants by judgment or court order shall in no way ,ffect any of the other provisions which shall remain in full force and effect. IN WITNESS ~HEREOF we have hereunto set our hands and seals this the 10th day of Aug., 1976. WINTER SPRINGS DEVELOPMENT CORPORATION // / # /~tL: By: ~~~/vI AI.' /i-~~~ Executive Vice-President [~.';: <-:: r p /.J () : ':;. 'b r., . Attest:fl/( J ~G... :..;\'~ C'2~ ~.: .' Secretary '. /., ..... ...... .,' .... -"i,t., .........,~.... ..... '. I.: ......;S 113 \.'" ,;..... ," '1'ltI'.U'f'li.~" '""'i',\., 'to: I I ~ I I i~ I STATE OF FLORIDA COUNTY OF ORANGE I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to taKe acknowledgments, pet'sonally arpeared Charles H. True and A. E. Blair well known to me to be the Executive Vice- President and Secretary respectively of Winter Springs Development Corporation, and that they sP.'.',"'ally acknO\~ledged executing the aforesaid instrument in the presence of subscribi witnesses, freely and voluntarily, under authority duly vested in them by sa~ rporation and that the seal affixed thereto is the true Corporate seal of sai0 rporation. February 3, 1978 ! ~ , L r I t WITN[SS my hand and official seal in the County and State aforesaid this the ~~Clay of Aug. , 1976. ,.".;. ,..,..~'I'II::""I'" ,.<.-;I.~:::..:.'... /...'.... " bJ.. ".', '. !:( :...~OT4n...... 'v\ . . :~; : '1 r : ~ ;1~'rA!f.rI.l\!ll:! S:EA,L )' : :7:t, ~ ". ~ . . t>:f ~ (.1'1'. lJ 8 L ,C .' I, : ......~,- .<. ::.? . ", .A. i ' ~..., ~).t' ( / C.-C /fIotary Publ i c 'My'Commission Expires: /J ),(/-A;-fC/ :t=- '"-.,.. = ~~I';' CO> ~~ h ~ t~~ i c:::> \ ': '" - E4 f". ..... \D ~g t -.:J ~=l ,. =:1:..- ~ ~ -.... en o N co w CO ~ . F ~ r f'i 1'~ (jfJ This instrument prepared by: Charles H. True 2699 Lee Road, Suite 501 Winter Park, Florida 32789 - 3 - l NOTICE OF RESTRICTIONS ON REAL ESTATE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Winter Springs Development Corporation, a Florida corporation, here- inafter called Developer, is th.e owner of the land in the City of Winter Springs, County of Seminole, State of Florida, more particularly described as follows: All of the lots in Tuscawilla Unit 5, according to the plat thereof as recorded in Plat Book Page 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. NO~;, THEREFORE, in consideration of the premises, Developer does hereby de- clare 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: 1. No lot shall be used except for residential purposes. No building shall be erected, altered, 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, a private garage for at least two and not more than four cars, and a stable. 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 N. D. Castellano, 2699 Lee Road, Suite 501, Winter Park, Florida 32789. A majority of the committee may designate a representative to act for it. In the event of decth or resigna+ion of any member of the co~mittee, 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 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 in these covenants 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. The ground floor area, exclusive of open porches and garages, shall be not less than 2000 square feet of living area for a one-store dwelling, nor less than 800 square feet of living area on the ground level for a two or two and one- half story dwelling, provided said dwelling has a minimum of 2000 square feet of living area over all. 6. No dwelling shall be constructed on a plot having an .area of less than 43,560 square feet, and such plot shall be not less than 100 feet in width at the building line. No dwelling shall be erected nearer than 50 feet to the front lot line or lake and nearer t~n lOQ...feet from the rear lot lin'e. No dwelling shall be erected nearer than{lO feet to any interior lot line. thu.:f- s- 7. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that horses, dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 8. No sign of any kind shall be displayed to the public view on any Jot except one professional sign of not more than one square foot, one sign of not more than five square feet adv~rtising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 9. 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 sani- tary containers and, except during pick-up, if required to be placed at the road, all containers shall be kept at the rear of all dwellings out of sight from the road. There shall be no burning of trash or any other waste materials. . 10. ~_fence or wall shall be erected, placed or altered on any lot n~arer to the lake than the minimum building set-back line (50 feet). Prior to con- struction of any fence or wall owner shall obtain approval of pl~ns for fence or wall from Architectural Committee. 11. A~l clotheslines shall be placed at th~ rear of and within the area en- compassed by a rearward extension of the sidelines of said dwelling. 12. 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. 13. Where a building has been erected or the construction thereof is sub- stantially 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 of said covenants except as to violations they, in their sole discretion, determine to 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. 14. At any time the then owners of at least fifty-one (51%) percent of the lots may change these covenants in whole or in part by executing written instru- ment 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, in- terior, 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. 15. 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 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, agree- ing to change said covenants in whole or in part. 16. 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 pro- ceedings. 2. . .. .'. . 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 day of July, 1976. WINTER SPRINGS DEVELOPMENT CORPORATION ~: President Attest: Secretary WITNESSES: STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY THAT on this day, before me, an officer duly authorized in the ~TATE and COUNTY aforesaid to take acknowledgments, personaily appeared Roy T. Dye and A. E. Blair well known to me 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 the day of July, 1976. Notary Public My Commission Expires: (NOTARIAL SEAL) 3. t.Y.;i uu .17 ,-1 . ~5 L:f.f itr~j;.;..r, t~',;t\v~ SOOK PAGE 2058 1567 NOTICE OF RESTRICTION ON REAL EST A TE SHllUOLE CO. fL. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Gregory P. Samano, Trustee, hereinafter called Developer, is the owner of the land in the City of Winter Springs, County of Seminole, State of Florida, more particularly described as follows: All three lots of the TUSKA WILLA TRAIL SUBDIVISION, according to the PIa t thereof as recorded in PIa t Book 4 \ , Page b , of the Public Records of Seminole County, Florida(hereaftersometimes referred to, individually, as a "lot" and, collectively, as the "lots".) and WHEREAS, Developer desires that all of the above described real property be subject to like restrictions for the mutual benefit and protection of Developer 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, 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, or any interest in or lien upon said property or any part thereof, and their respective heirs, personal representatives, successors and assigns, said restrictions, reservations and conditions being as follows: 1. No lot shall be used except for residential purposes. No building shall be erected, altered, 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, a private garage for at least two and not more than four cars, and a boathouse not to exceed 15 feet in heigh t above water cleva tion. 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 (defined below) 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 (the "committee") is composed of Gregory Samano, Charles Malkus and Manuel Garcia, 961 Tuscawilla Trail, Winter Springs, Florida 32708. 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 the committee's 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 or restore to the committee any of its power and duties. 4. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to give such written approval or disapproval within 30 days after plans and specifications have been submitted to the committee, or in any event, if no suit to enjoin any construction has been commenced prior to completion thereof, committee approval will not be required and the applicable covenants shall be deemed to have been fully complied with. 5. The ground floor area, exclusive of open porches and garages, of a dwelling constructed on a lot shall be not less than 2000 square 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 story dwelling, provided said two or two and one-half story dwelling has a minimum of 2000 square feet of living area over all. 6. No dwelling shall be constructed on a plot having an area of less than 43,560 square feet, and such plot shall be not less than 100 feet in width at the building line. No dwelling shall be erected nearer than 50 feet to the front lot line, 75 feet to the lakefront, or nearer than 15 feet to the rear lot line. No dwelling shall be erected nearer than 20 feet to any interior lot line. ~~\\J ~ ~ 'To ~ :::D. \{. le "BLA NC cp\Vltc E. <:..\<. t\~+ Wl'N\t.R C:;~~\\\~6_SI FL '32"108 7. 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 provided that they are not kept, bred or maintained for any commercial purpose. 8. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than fi,<,6 square feet advertising the property for sale or rent, or signs used by a builder Hi advertise the property during the construction and sales period. . ~ ,- P'l 9. No lot shall be used or maintained as a dumping ground for rubbish, trash e! other waste. All trash garbage and other waste shall be kept in sanitary containers an14 except during pick-up (if required to be placed at the road), all containers shall be kefn at the rear of all dwellings out of sight from the road. There shall be no burning of trash or any other waste materials. f'.",) o Ul co (11 o 0,-.., :::x ~;. I "'''", ;::. j~ .~ :.~t.~ l' ~, r~ :.t::' ~;;! (..'"') rr, c.n 0') C;) 10. No fence, wall or seawall over two feet in height shall be erected, placed or altered on any lot nearer to the lake than the minimum building set-back line (75 feet). Prior to construction of any fence, wall or seawall, owner shall obtain approval of the plans for that fence, wall or seawall from the committee. 11. All clotheslines shall be placed at the rear of and within the area encompassed by a rearward extension of the sidelines of said dwelling. 12. 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 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 on trailers and motor homes, shall be kept out of view of adjacent property owners. 13. Pursuant to that instrument recorded in Official Records Book 2047, Page 0170, Public Records of Seminole County, Florida, the owners of the lots are entitled to the use and benefit of a 30-foot private ingress-egress easement and public utility easement that runs adjacent to the lots. As is sct forth in the aforementioned instrument, the 30- foot private ingress-egress easement and public utility easement will be maintained equally by and between the owners of these lots and of all other properties entitled to the use of the easement. Said easement is for the private use of the lot owners and public utility company serving said lots and may also be used by emergency vehicles such as fire, police and rescue units. 14. Where a building has been erected or the construction thereof is substantially advanced and'it is situated on any lot in such a manner that same constitutes a violation or violations of any of these covenants, the 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 of said covenants except as to violations they, in their sole discretions, determine to 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. 15. At any time the then owners of at least fifty-one (51%) percent of the lots may change these covenants in whole or in part by executing a written instrument making said changes and having 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; but the said Developer specifically reserves unto itself and its successors and/or assigns, the authority to change said set back lines for any lot at any time prior to the construction of a residence dwelling thereon, regardless of the number of lots owned by the Developer in said subdivision. 16. 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 which time said covenants shall be automatically extended for successive periods of ten 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. 2 17. 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. 18. It is expressly understood and agreed that all costs, including reasona ble attorney's fees, incurred by any moving party in any legal proceedings 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 proceedings. 19. 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. (n m 20. Notwithstanding any other provision contained herein, no amendments may b~ made to this document without the prior approval of the City of Winter Springs, Florida. .f2 rq 21. The City of Winter Springs, Florida is a third party beneficiary with the righp to legally enforce these documents or any part or provision thereof. ~ ,- 22. Nothing contained herein permits or authorizes any violations or deviations from the City Code, City of Winter Springs, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and seal this the ?01';!:::day of 4#~ , 1989. - ~ITNESSES: ~~ ~ --;; - STATE OF FLORIDA COUNTY OF t:J~ANa,E /: us co c...o The foregoing instrument was acknowledged before me this 2de:-day of tf4I{~~;,I,?8B- by Gregory P. Samano, Trustee. / <. /r~~ .' :,,;g , ;" 'I,. ~." '.". ". . ' ,. <"'-:-. i. : .' ':) I l ,~' .i.!- '. ~ ~L'f)", ' ~ --- ~ ~ NT: :,-{ . .: '. y '. ~/ 'v' I 0 i \ .. N .- 'y'" 'l.'" My Commission Expire~:! ~'\,~':~. - . ~,~\~~.- · Hotsi N:Aic':'StatJJof b_~...'_,,' 'II,.,..' ~\YG" My Commission ExP:'e.s nD. 4., 199(\ ".<ied T~l\I 111>1 f.iQ: Insul1lnoo Ino. THIS INSTRUMENT PREP ARE~ An~ '1'6 In!. ItLTUIU~E8- TO. ~ Jesse E. Graham, Esq. Graham, Clark, Pohl and Jones P.O. Drawer 1690 Winter Park, Florida 32790 JRP /tb notofres.re 3 ("'-.) <::::;) (J';J CO ttl c> t.7.l ~-!;~ ....,-, ~r.~ ,. f .~ ;:;(,' :;~';~; ..p ~2~ 'If':' >V~ C'") I'll - C,J'f Q) I~..o 0"') c::> c.: (J) f- rrtm -",. ::u 3:. ::-::~~ ..~ -.{l ,::) e ::.< r- ,1.., rr.(~,i' : C.J.J en co ............, c-=)c' ~= ::1 --i C; :;;c ';;u;, :~ ~~ rTi ::u m (,J o ::0 o '''\1 Cl l<" < m ;0 ." m o