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HomeMy WebLinkAboutPiper's Duplex Homes-Declaration fo Covenants & Restrictions ~~/ .i c .1' '" l~~ ilt ~ &~ ft~ ~ . . i 2 8 ~ t\~) t'; ! ,j4.t) SO~K _ 'FFlCIAL FlECOHD SEMINOLE GO. FLA. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PIPER'S RIDGE DUPLEX HOMES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PIPER'S RIDGE DUPLEX HOMES (hereinafter referred to as the "Declaration") made this 1;2~ day of May, 1980, by FLORIDA LAND COMPANY, a Florida corporation (hereinafter referred to as the "Developer"); WIT N E SSE T H: WHEREAS, the Developer is the fee simple owner of Lots 25, 26, and 28 through 40, inclusive, of The Highlands Section 6 according to the Plat thereof as recorded in Plat Book 22, Pages 18 and 19, Public Records of Seminole County, Florida (hereinafter referred to as the "Property"); and WHEREAS, the Property has been replatted so as to permit the development of Duplex Homes thereon by virtue of that certain ~:dd~L.j'!.rh~{~;p~~~dJ4J according to the Plat thereof as recorded in Plat Book ___4!f____ Page -1_~___, Public Records, Seminole County, Florida; and WHEREAS, the Developer desires to impose upon the Property certain covenants, conditions and restrictions affecting the use thereof as more particularly set forth hereinafter; and WHEREAS, the Property is subject to that certain Declaration of Covenants, Conditions and Restrictions recorded February 20, 1973 in Official Records Book 969, Page 734, as amended by that certain Amendment recorded March 3, 1976 in Official Records Book 1084, Page 1166, and that certain Amendment recorded February 8, 1977 in Official Records Book 1111, Page 1650, all in the Public Records of Seminole County, Florida (all of which are hereinafter referred to as the "Original Restrictive Covenants"); and WHEREAS, the covenants, conditions and restrictions imposed hereby conform to the general purposes and standards of the Original Restrictive Covenants and do not diminish or ATTORNEYS AT LAW r''\7/l. . Yr'-~ qJJctA.IZ~ -4 . ~f1),--,-.~-bi~<<r~-0 ~ . (;/. )fI a/ ):;t'~K-Uu . LOWNDES, DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802 . . j 281 [327' SOOK _ eFFlelAt HE COHO SEMINOLE CO. FLA. dilute the rights of members of the Highlands Homeowners Association; NOW THEREFORE, the Developer hereby declares as follows: ARTICLE I EFFECT OF DECLARATION Section 1. Effect of this Declaration. This Declaration shall impose upon the Property and the Property 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 Property and shall bind all parties having any right, title or interest in the Property or any part thereof, their heirs, successors, and assigns and shall inure to the benefit of each Owner thereof. Section 2. Effect of Original Restrictive Covenants. The covenants, conditions and restrictions imposed hereby shall be in addition to and shall not supplant the Original Restrictive Covenants which shall remain in full force and effect except as specifically set forth hereafter. ARTICLE II DEFINITIONS Section 1. "Lot" shall mean and refer to any plot of land shown upon the plat of the Property with the exception of any common area, street, roadway, driveway, or parking area. Each Lot shall be susceptible to ownership in fee simple. Section 2. "Dwelling Unit" shall mean and refer to a Lot as defined herein with a Duplex Home constructed thereon as defined hereinafter as to which Duplex Home a certificate of occupancy is issued by the applicable governmental authorities. A Dwelling Unit shall constitute one side of a Duplex Home; that is, two attached Dwelling units shall constitute one Duplex Home. Section 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot or Dwelling unit which is part of the 2 ATTORNEYS AT LAW LOWNDES. DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802 . . 12811328 800K t. IFFICIAt HECOHD SEMINOLE CO. LA. Property, including contract sellers, but excluding those having such interests merely as security for the performance of an obligation. Section 4. "Duplex Home" shall mean and refer to a building situated on two adjoining Lots designed and intended for use and occupancy as a residence by two single families. A Duplex Home shall be composed of two attached Dwelling Units as hereinabove defined with a party wall between them. ARTICLE III PARTY WALLS Section 1. Maintenance Obligation. All party walls shall be maintained by the Owners of those Dwelling Units adjoining a party wall which such Dwelling Units constitute one Duplex Home. All costs of maintenance and repair, as well as the cost of reconstruction in the event a party wall is damaged or destroyed shall be borne equally by the Owners of the Dwelling Units constituting a Duplex Home. In the event that one Owner bears the entire expense for maintenance, repair, or reconstruction, then in such event the Owner of the adjoining Dwelling Unit shall pay the Owner who undertook such expense one-half of the expense incurred in such efforts. Section 2. gi~~! ~f Ac~e~~ ~~~ ~~~~~e~!. Either adjoining Owner of a Dwelling Unit constituting a Duplex Home shall have the right to enter on the other adjoining Lot for the purpose of repair, maintenance, and reconstruction. Each adjoining Owner of a Dwelling Unit constituting a Duplex Home shall have the equal right to use a party wall for the support of structural members of a Dwelling Unit constituting one-half of a Duplex Home. Each party wall shall be subject to an easement of support for attached Dwelling Units constituting a Duplex Home subject to payment of costs as provided above and shall be subject to an easement for conduits, common ducts, plumbing, wiring and other facilities for the furnishing of utility services to the attached Dwelling Units constituting a 3 ATTORNEYS AT LAW LOWNDES, DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802 . . i 281 328 iOOK .FfICIAL anD SEMINOLE GO, i'LA., Duplex Home. Section 3. Arbitration. In the event that the Owners of a single Duplex Home disagree as to the need for, type, or quality of the maintenance, repair or reconstruction of a party wall, said Owners shall submit the matter to arbitration. Each Owner shall choose one arbitrator and the two arbitrators shall choose one additional arbitrator and the decision of the majority of all three arbitrators shall be final and conclusive of the matter in dispute. The arbitrators must be registered and licensed in the State of Florida as architects, engineers, real property appraisers or general contractors. The cost of the arbitration proceeding shall be borne equally by both such Owners. Section 4. ~!~Q!!!!y fo~ Damag~. If an Owner or his agents, guests, invitees, or others whose presence is authorized by an Owner, including an Owner's tenant, damages a party wall or causes damage to the personal property of an adjoining Owner or tenant as a result of damage to a party wall, then said Owner shall be totally liable and responsible to the adjoining Owner for all such damages to the party wall and shall be responsible for repairing such damage in full. In the event that an Owner fails to meet his obligation hereunder, the other Owner of the Duplex Home shall have the right to make the necessary repairs and shall have a cause of action against the Owner responsible for such damage. All costs of such litigation including attorneys' fees on all trial and appellate levels shall be awarded to the prevailing party in such litigation. Section 5. Efiect Up~~ Origin~! Restrictive Covenants. This provision shall govern as it relates to the provisions of Article IX of the Original Restrictive Covenants, but only to the extent that such provision relates to the Property. 4 ATTORNEYS AT LAW LOWNDES, DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802 . . I 2 8 .1 330 600K .HJeIM SEMiNOLE GO. FLk ARTICLE IV EXTERIOR MAINTENANCE Section 1. Ma!n~~~~~~~ Q~!!~~~!~~. Such exterior maintenance of a Duplex Home relating to repairs to common driveways and sidewalks, and to exterior walls and roofs and the painting or staining of the exterior walls when such painting or staining is necessitated by ordinary wear and tear, shall be the borne equally by the Owners of a Duplex Home. Each of the said Owners shall have a right of contribution as against the other Owner of a Duplex Home for any costs or expenses incurred in connection with the cost of maintenance, repair or reconstruction. Each Owner shall otherwise maintain the exterior walls of his own Dwelling unit as well as the lawn and shrubs on each Owner's Lot. Section 2. Right of ~ccess. Each Lot Owner shall have the right to enter upon the adjoining Lot constituting a Duplex Home for the purpose of providing necessary repairs and maintenance, and any such entrance by said Owner or his agent shall not be deemed a trespass. Section 3. Arbitration. In the event that the Owners of a Duplex Home disagree as to the need for, type, or quality of such maintenance, repair or reconstruction, said Owners shall submit the matter to arbitration. Each Owner shall choose one arbitrator and the two arbitrators shall choose one additional arbitrator and the decision of the majority of all three arbitrators shall be final and conclusive of the matter in dispute. The arbitrators must be registered and licensed in the State of Florida as architects, engineers, real property appraisers, or general contractors. The cost of the arbitration proceeding shall be borne equally by both Owners. Section 4. ~!a~i!ity .for Dam~ge. If an Owner or his agents, guests, invitees, or others whose presence is ~{! authorized by an Owner, including an o~er's tenant, causes ;11 I damage to those areas to be maintained as set forth in Section 5 ATTORNEYS AT LAW LOWNDES, DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802 . . . . i2811331 '~fl~IAL :~ECOnO SEMINOLE CO. FLA, 1 of this Article IV, then said Owner shall be totally liable and responsible to the other Owner of the Duplex Home for all such damages and shall be responsible for repairing such damage in full. In the event that an Owner fails to meet his obligation hereunder, the other Owner of the Duplex Home shall have the right to make the necessary repairs and shall have a cause of action against the Owner responsible for such damage. All costs of such litigation including attorneys' fees on all trial and appellate levels shall be awarded to the prevailing party in such litigation. Section 5. Eff~ct Qpon Original Restrictive Covenants. This provision shall be in addition to and shall not supersede the provisions of Article VIII of the Original Restrictive Covenants. ARTICLE V GENERAL PROVISIONS Section 1. Enforce~ent. The Developer or any Owner shall have the right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations, liens or charges now or hereafter imposed by the provisions of this Declaration. Failure of any of the aforesaid to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. S~~~r~e.ilitY... Invalidation of anyone of these covenants or restrictions by judgement and court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Section 3. Term of Restriction. The restrictions and burdens imposed by the provisions of this Declaration shall constitute covenants running with the land, and shall constitute an equitable servitude upon the Owner of each Lot or Dwelling Unit and upon the heirs, personal representatives, successors and assigns of each Owner. The term of these restrictions shall in all events be consistent with the term of 6 ATTORNEYS AT LAW LOWNDES. DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802 . . . , . . ;2811332 &OO~ - .FFICIAi n{COHD SE~INOLE co, FLA, the Original Restrictive Covenants as set forth in Section 11.1 thereof. Section 4. Amendment. The Developer hereby reserves the right to amend, modify, or rescind such parts of this Declaration as it in its sole discretion deems necessary or desirable so long as the Developer is the owner of a Lot or Dwelling Unit in the Property. At such time as the Developer does not own a Lot or Dwelling Unit in the Property, this Declaration may be amended by a vote of eighty percent (80%) of those owning Lots in the Property. Any amendment hereto conforming with the provisions hereof shall be recorded among the public records of Seminole County, Florida. IN WITNESS WHEREOF, the Developer has hereunto caused this Declaration to be executed by its duly authorized officers \ ~~ 1 . \ r~ ...., , in a manner and form sufficient to bind it on the day'~'an'd ~e'a-r 1""", ""........ " ,':'::' : r: ;:t' . ,'; -oJ,!,' il" ~ 'lj first above written. '.l..' Signed sealed and delivered in the presence of: FLORIDA LAND COMPANY ~ )~ ...--/ ,/ By: ~/ t%2" Ti tIe: tEYea.T~ r/. /d~ STATE OF FLORIDA COUNTY OF ORANGE + j The foregoing instrument was acknowledged before me this ~~ ~~,~~~~:~~~~Jit~)k~~t(O f F LORI~: 8 ~A% d;b~i~~~~', ~ ~{t~~~~~ corporation, on behalf of the corporation. di., . ; (; , /<J.Ut~j( l.A)/ Ct t:/:k..f.f./1.-.(/ ;'>/-:) Notary Pub1ic My Commission Expires: HL!~Jii '< j:.,. c'" .~y.., '~"."IIl....~'j<.... ,I .... . . .',.' 1" b ;,> ~ 0 A h } fj Notary Public, State of Florida at Large My Commission Expires Sept. 27, 1983 Bonded By American fire 8. C.....lry Cempanl/. t" :"Uf\l.\t .' .' " '..' .~':',," I \"'I' c:.... c: Z o c..n C> o c:::M c:::::l W ..... =- :J::: CJ1 - Q::::l c:.::::;:) - 7 ATTORNEYS AT LAW LOWNDES, DROSDICK & DOSTER PROFESSIONAL ASSOCIATION ORLANDO, FLORIDA 32802