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HomeMy WebLinkAboutWalden Terrace '" "'. "': =- r..t. ,.' .",.. ,.., ./': -, -c .. .":/. cy,>.;/,!<{. :.~~:. /,/. .~/'. u.>> " . /.. ,; ~ , ., / 7-'~7 ~/:..1.,."-~ .. ~<<(j{1<Y:-j't..~. (fop.~''''"''''J",,>. L7..9~S.;li~~ZI" rk. ,/-, t' .'- :.. .: -' . _~. . "_ J _' t ~ .. ;:-L;~~;:fJ..:. '.. /'..'-:' , ... ! ';..~-I..-\f~Xl'IOX~OF COVENAi\TS A\DRESTRICTIOXS "' rHrs Df.CU\RATION, ~.l~cle this 28th' day of DeceI:'.ber ,1973. by t: ,II. Green f, SOilS Inc., a Florida Corporation, hereinafter referretl to as "u'",:~'.~loper. " WITNESSETH: VJ~ L- d -eN 1"-1> t r A L..,( KHERE.AS, Developer is the m-:ner of the followi.ng described real property, to-\':i.t: BEGIN at the S.E. Corner of Lot 55, Blocl\: "D" of the D.I~. Uit- c!::~ 11 survey of the moses E. Levy Grant, as recorded in plat book "1", Page "5" publi c records of Seminole County, Florida, said corner also being tIle intersect ion of the i\orth liilf:: or block "A". N01'tii Orlando 'i'errace section 3 of uuit 1 as re- corded in plat book "17". Page "29", Public Records of Seminole County. Florida and the West line of Block "10". North Orlando 2nd addition as recorded in plat book "12", pages "55'~, '56". and "57", public records of Seminole County Florida,. - thence S83 degrees' 00 24" \11, 366.04 feet along the South line of said lot 55, block no". said line also being the North line of said block "A" North Orlando Terrace section 3 of unit 1, to a point, said point lying N83 degrees 00' 24" E 632.94 feet of the West line of said lot 55, block ItD" of said D.R. Mitchell sur- vey of the levy Grant, Thence N07 degrees 54' 19" W, 323.48 feet to a point~ said point lying 1'>"'84 degrees 51', 35'" E, 632.94 feet of the West line of said lot 55, Block "0", Thence 5 84 degrees 51' 35" W, 632.94 feet to the West line of said lot 55, Block ItDt., said point lying N 07 ~egrees 47t 45" \,/, 343.94 feet of' the S.W. corner of said lot 55, block "D", Thence 1'l 07 degrees 47' :45" \'1.. 665.81 feet along the West line of said lot 55, block "nit, said line also being the' East rIght of - , way Line of David Drive, to th~ South l1ne of the North 15 chains of said'lot 55.. '~ block "0".. Thence N83 degrees 00' 13", 000.32 feet' along said ~outh line to the " East line of said lot 55, Block "0", of-the D.R. Mi,tchell survey of the,moses E. Levy Grant', said line also being the' West iine of Block "I", of said North Orlando' 2nd addition, Thence S07degrees 46' 35" E, 1009.80 feet along the East line of said lot 55~ BI,ock "0" t..o the point of beginning. and J \~, the above described real property shall hereinafter be' referred to as the "Existing Property"; and WHEREAS, Developer desires to create on the Existing Property a residential co~~nity of single family residences with certain roads, open space green belt areas and such other ~omrnon facilities as may be specifically designated on the plat of the Existing Property for the benefit of the said community; and ~iliEREAS~ Developer desires to provide for the preservation ofthevalues . and'amenities ~n saidco~munity and for the maintenance of said open spaces, green belt areas and other common facilities as may be specifically designat~d,on the plat of the Existing Property and additions thereto and to this end, desires to subject'the Existing Property to the covenant, restrictions and easements, here-, inafter s,et forth, each and all of which is and are for the benefit of the EXist- ,ing Property and the Additions to the Existing Property and each owner thereof; NOW THEREFORE, the Developer declares that the Existing Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restric.tions and. easements (sometimes referred to as "covenants, and restrictions") " hereinafter-set-forth. - " " ARTICLE ONE MEANING OF TER.MS AS USED HEREIN SL~OIVIDER, DEVELOPiR and/or GRfu\TOR means N.H. Green & Sons Inc., a Florida Corporation, its successors and assigns. G~~~!EE means the person, or persons, or other entity, to whom the Sub- cEvider first conveys the lands in WALDEN TERRACE and his. Iler, their or it.s heirs, personal representatives, successors or assigns, and all persons'or entities claiming by, through t?r under such grantee; and wherein this instrument th~ r.ascul ine is used, it shall include the feminine and neutel~ as the context may require. SUBDIVISIO~ means tl1e WM..DEN TERRACE, as shOtlfn on the Plat thereof recorded in the Publ ic nccord of S8!:1inole County, Florida. Plat I:icans the plat of \'IALDEN TEP.rtACE, recorded in the Public Records of $<;;-; nolc County, FloTida. 1. ~~E r.ESrRICTIO~S ~ r.- -, f ~ , I Ol .. ~< .:,;"!..~~ .. '- :.s ifJ.,.........i~-ft.'". nrol.."iderl :111 tots ":." ~:....~ ,;" -::;....-- .-" .... t I}'. r I::) SIt ~ f::! :1:.1 (J[ L.:t~ i~ the Subdiv~sin" ~~d ~11 lo~s 11:.!: :'l~ ton n f s: .t~~1n'QOtH."~' 1 ~'~":$ . ,.';~~~. _ l .. 4 - "..... ..... '- ';:~_::'4tl'i:~:; ':"c':drl\-'~""'~-~. .' I;-_i:/~,; ,. ,,,'" .. \ ~ . '- , :, .)'~ 2 (cent) . - .' ::, ~.", \,:. ~: _ '~J ' - .. - - ~.," ~, "'"' ,., , . ...'1.\. U~. , ~ r~:strict..ed to' the use of a single f<:lnily. their household servants and guests. exclusively for residenti~l purposes. 'Orily one residence may be built on one lot. D~! ild i nGs ~cccsory to the use of one-family li 'ling !r.~y be erected provided they (:0 not furnish <lccomodations for an additional ramily. A construction sheu may ~e placed on a lot. ~o business. trade or manufacturing of ony nature or description shall he c<n-ri ed on or transacted on any pOl-tion of said property, nor shall any part of said premises be used as a hospital 01': sani tarium or other place of hire for ,the C~1:e of or entertainment of persons suffering from any disease or disability \\'hat- socyer. 2. SETBACK RESTRICTIONS Subject to the exceptions hereinafter mentioned, no building or any part thereof may project beyond ~~t~ack lines, as follows: AJl lots: 25 feet from property lines on a street or streets 7:.5 feet from side property 'lines' 15 feet from all other property lines Measurements: Where lots have curved property lines. setback' W dis~ances shall be taken 'at right angles with v: .. tangents to ,the curve. All other setbacks shall -..l be measureda~ right angles to the property lines~ CJ r.1 C"') "'-J co , !;~).'\. ~~ ~ -~ i!- .--... t"' .. .-- ... ~ ~:~: -~ ~.: ~.. - -c~ ;... ~ ~~ ~. ~ ~....- , -1 [ a C~ .~.. -- ...~ EXCEPTIONS TO SEtBACK RESTRICTIONS .. --..I ~.~ , -....J Terraces, walls, fences, low platforms or steps, swimming pools and similiar low unroofed construction may ~e erected outside of setback lines, provided such construction shall not interfere with the exposure or view, or reasonable privacy of adjoining, or facing p~operty as shall be determined by the subdIvider'and shall be in .compliance with pTevailing WINTER SPRINGS Zoning Regulati ons, ,or variances procured by the subdivider. No construction of this type may be erected without written approval of'the subdivider, and 111here' construction Is \'1ithin easement areas, the approval of the owner of the easement must also be obtained. 3. BUILDING PLANS For the purpose of insuring the developement of the lands in the subdivision ~s (l residential area of high. standards, the subdivider' reserves the pO\'ier to control the buildings. structures and other improvements placed on each lot. It is the express intent of the developer that the subdivision shall be as aesthetically preasing as possible and that it shall be developed with the highest regard for existing trees, lakes and environment. Roofs, elevations, colors and materi!!ls shall be as compatible with the environment as p'Qssible. . No building shall be erected, placed or altered on any lot until the con- struction plans and 'specifications and a plan showing th~ location of the structure . have been-appro-ved,bythe,Architectural. Control Committee as to quality of workman- ship a,nd materials,. hamony of ~xterl1aldesign with existing'structures. and as to. location with respect to topography and finish grade elevat~on. . . The architectural Control Committee is composed of Henry G. Green, Rodney G. Green, and James M. Gree~ all with the address of 771, Highway'17-92,N. Cassel- berry, Florida. 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 re~aining members shall have full authority to designate a successor. Neither the ~e8bers of the cowmittee, nor their designated representative shall be entitled to nny compensation for services performed pur~uant to this covenant. A.t any time the then record owners of a maj ori ty of the lots shall have the potlier tl1rough a duly recorded \'1ri tten instrument to change the membershi p of its cornmi ttee or to :':i thdra.'f from the commi t tee 01' restore to it any of its' powers and duties. Whether or not provisi~n therefore is specifically stated in any comrey~nce of a lot made by the subdivider. the m'mer or occupant of each and every lot, by ~cceptance of title thereto or by taking possession thereof, covenants and agrees that no building, ~all, structure or other improvements shall be placed , . ',- ',..~..., .< - ' ,-,:~:~'f;~-"'.':;-:?'.:~:!,.~ ;':~j~:~J>:,,- . . " .~. ',",; .. .. , -;-:,';~:<.' < .-........:.-",:, ':. ......,...:.'.......- , ".;,>~,Jf.,:; .;:,)':'>'~::~'::"';::~~::i:.~~_....E;C:V'W;""':'~:~~"'D."::"'\"";..;.~,,,,!,,<./,,,",,,>.~~__~;,"':"", ,...~"",",,~Mt>);':i" ~..,,'?', ,.,,~. _, _~ 'L:' "j;,,>,,,..;T''''''~l;~.'~:\?r:'~~Ye'''' [':i'.f(> 3 (conc) e '-, ," -...... .. -., ~ . - I 'J'" ..J_' __ ~ _ rLr;r(!O~ t'l'or: suc.h lot' unless und until the plans and specific<ltions therefore and the plot plnn hove becn appl'oved in !..rriting'by the subdivider. Tt.:o (2) ~omplete sets ur pl:lllS :llId specifications shall be suboitted to the subdivider for approval; One 0) of these sets shnll remain 011 file t':ith the subdivider. Each page of plans must bf'~tl. the subdividers stamp of approval. ~ne OJ set of approved plans and speci- j'i (,d: ions i.:i 11 he l'ctul'ned to the o!':ner for use at construction site. Each SUCIl In'! It!ing wall, structure or other improvement shall be placed upon the premises onl~- i t1 2ccordnnce l\'i tll the plans and specifications arId plot plan so approved. Refusal tl.f approval of plans and specifications by the subdivider may' be based on any groundp inGluding purely aesthetic grounds, \':llich in the sole and uncontrolled discretion of the subdivider shall seem sufficient. There shall be no septic tanks. t.rells for sprin~lers, only, will he allowed. LL CONSTRUCTION OF RESIOENTI.l\L HIPROVEMEJlrrS \'Ihetl1er or not provision thereto is specifically stated in the conveyance of a lot made by the subdivider, the owner or occupant of each and every lot, by acceptance of title hereto or by taking possession thereof, covenants and agrees to erect improvements on his lot incompliance with provisions of Paragraph Six below. Such construction shall be commenced within eighteen CI8) months from the date of the begin~ing of his ownership or occupancy, .and said construction shall be completed within twenty-four (24) months after the beginning of his ownership or occupancy, and said construction sllall be completed within twenty-four (24) months after the beginning of his ownership or',occupancy. In the event that said owner or occupant fails to erect said residential improvements together with approved . landscaping improvements, within the specified period time, the subdivider shall have the option to repurchase the lot or property conveyed to said owner at the same price at which the property was sold to the grantee by the subdivider. and the 'subdivider shall'.have six (6) months from the date of .the grantees" default in commencing or completing construction to exercise its option to purchase said pro- perty. If the grantee has commenced construction of improvements. but has failed to c'omPlete the constrltction as aforesaid, the' option price for repurchase by the. subd'ivider shall be increased by the fair market value of the improvements then , existIng on the grantee's property. The construction of improvements shall include. sidewalks if they are required by WINTER SPRINGS. If required by WINTER SPRINGS the sidewalks shall be constructed by each O\'1ner or occupant and said sidewalk shall be located as required by WINTER SPRINGS and constructed in accordance with WINTER SPRINGS specifications. . 5. CARE ~n APPEARANCE OF PROPERTY The structures and groltnds on eae}l building lot shall be maintained in a neat and attractive manner. Upon the owner's failure to do so, the subdivider may at its option', after giving tlle owner ten (0) days written notic~r sent to his last known address, have" the grass, weeds and vegetation cut when. and as often as the same is necessary in its judgment, and have dead trees. shrubs and plants remored from any lot. Upon the owner's failure to maintain the exterior of any structure in 'good repair and appearance, the subdivider may at its option.after giving the owner' tt\fO (2) months written notice sent to his last address, make repair~ "and improve ~he appearance. in a reasonable and workmanlike manner. The O\?ner of, such lot shall re- imbursethe subdivider for the cost of any work above required.' including sjx per- cent (6%) interest from the time the work is complete. To secure such reirnbursecent, the subdivider shall have a lien upon such building lot which will be enforceable in the following manner: Upon completion of the work performed. the subdi~ider shall he entitled to file in the Public Records of Seminole County, Florida, a notice of its claim of lien by vir1;ue of these Declarations 'of Protective" Covenants. Said no- tice shall state the cost of said work including interest. and shall contain a des- cription of the property against 'L\"hich the enforcement of the lien is sought. The lien herein provided shall date from the time that work is completed, but, shall not be binding against creditors or subsequent purchasers fora valuable consider- ~tioll and t'!ithout notice until said notice is recorded. The lien herein prOl..ided sh~ll be due and payable forthwith upon the completion of tlle t'iOrk.. and if not paid, s~id lien may be enforced by foreclosure in equity in tIle same manner as mortgages. The licns hCl'€dn provided shall be subordinate to the lien of any rtTortgage encumber- ing an}' lot to any institutional lender; provided, however, that any such mortu-age \':iWH in possess ion and any'purch:::ser at any foreclosure sale, and all persons claim- teu by, through or undcr herein provided. ;;:)fin~ prolonlJ(~ll <1hscnce, o~':ner of si:lid lot agrees he \'fill arrange for the care fJ f th~ prol'el'ty during such absence. 1\0 overnight parking for any trucks, pickup '> , '.-. -._----,--.. :::;:;'.':~:~::\,:',1',r'.: ''''''''',.,,,',", :'.;:,,: ,;:!iJ.ri#r;; ,~ - ~ :: i"~k~~~" ~~.;;, ~~ c:","-","--'" c' "" ;,.;,~j~;"' ';';"~;~"'~""-'-~".Q.;:~~X. .(,,_'(,;<;X<~,"::_':;"-~-"',~l'~i{~"';~i"'--''''-~''''''''--:",?~i>~~'7.'T"'--'Y '-I-,~_'''''~V''E":,,,,,,~'~~.,~~;:f'';~':'~'~~;"~'-~'_';"'~~ 1';:'J'~ ,1 (cont.) e ^ - . c::,; ,-, .. - e:' -~ ..... - ' ~ ~ -~: l.J :_1\ "'L"2.iD~ tl"tlck~, boats or trai.lers will l.Je permitted in th~ street, ~nd further no vehicles o tiler tlwlU' passenyer cars, golf carts,' and pi. ckup trucks t..ill' be parked in open c;uprn-ts. 6. ~H~:r~ru~! SIZE OF RESIDEP;CE Floor areas of any residence'erected in this subdivision shall not be less th~1:1 1000 square feet, exclusi ve' of garnges, carports, roofed unglazed porches. roofeu pntios, logglaz or similar sp::\ces, and exclusive of ::\ny accessory buildings. . , . 7. RESIDEi\TIAL SITES A residential site may consist of one or more lots, all of one lot and part of contiguous lot, or lots, or any other combination of contiguous parts of lots, ~;hich \\111 form an integral unit of land suitable for use as a site for a residence, pro- vided, ho~ever, that any ~ite which changes the lots as originally platted: (a) Shall extend from the fronting street to an existing rear property line, waten'lay or lake, and , . , (b) shall not have a ,front or rear dimension of less length than contained in the large~t adjoining lot shown on the original plat of the slmdivision~ and tc) ~ball'not leave a substandard lot remaining. .. No resuhdivisionas herein provid~dJor othenvise, shall in any. event be permitted without t~e lvritten approval oftha subdivider. B.. EASSlENl'S, An easement is hereby reserved by the subdivider for utility or drainage purposes on aIl'lots in the subdivision as indicated by the reco~de~ Plat of said subdivision., The subdivider'reserves the right to assign any and all easemen~s shown on the record Plat, ,or which are hereinafter created for installation of utilities or other uses deemed by them to be necessary for the service of said lands,' and any \I/all~. fence~ .paving" planting or other improvements placed thereon by the o\~er of the property on which the easement lies shall be removed, if. requi~ed by the, subdivider, or his assignee, at the expense of sa~d owner. . 9. . TELEPHONE Ai'JD ELECTRIC.AND GAS POWERED UNDERGROUND SERVICE .. All buildings on all lots requiring utilities must be served underground by telephon~,'gas an~ electiic powered service. 10. 'pRAlNAGE ,. No changes in elevations of'the land shall be made which will cause undue hardship to adjoining prope~ty. . . . . . ,Purchaser s~all not at any, time hereafter fill, .block, or obstntct any , drainage easements and drainage structures on the demi sed premises nor shall:. purchaser cause or suffer to be erected on the demised premises any building or obstr;~!?;'jon.-for.thepurpose, dl:tecUyoJ.:indir~ctly, or o.bstruc1:.ing~ blocking or filling any such drainage easement' or drainage structure, and purchaser agrees to repair at his own expense, all damage to any lot, or to any structure on any lot t'!ilich may be caused directly'or, indirectly, by his' obs~ructing, blocking or filling any such drainage easements. - II.RENTAL AND S.l\LES . No rentals or leases shall be permitted for any lots or improvements other than the entire residential site together with accessory buildings. No "For Rent" or other signs shall be permitted upon the property or within ,the subdivision by any grantee unless the same shall have been first approved by the subdivider in \';Titing. All signs shall be limited to the size 4" x 6". 12. FEi\CES AND \'fALLS Fences and/or walls \vill comply with the Ordinances of WI~~ SPR~GS, 13. i\1JISAl\:CES ;\0 I!oxious or offensive activity shall be carr1 ed on upon any lot nor , . ..J e o~ 1857 ~ ? 2..:r~:; 30_}~ ~~G~ .5 E ~~- .... ~~.: C:)i: ~', r i F"LiiRiO.:. :;:-,.~~l anything be done thereon '.,;hich may be 0:: :::ay bec04na an annoyance 0= nuisa."1ce to '::~e neigrnorhood. 5 (c9nt~ · l~. LIVES'IOCK Arm POUL'i'RY a::~. 1';0 aninals, livestock, or poultry of any kind shall be raised, bred or kept on lot, except that dogs, cats or other household pets may be kept provided that they not kept, bred or maintained for any commercial purpose. ~-~ u_ _ 15. SIGfIT DISTANCE AT INTERSECTIONS No fence, wall, hedge or shrub planting which obstructs sight lines at elevations heb!-:en 2' and 6' above the road:;.;ays, shall be permitted to ,remain on any corner lot \-dthin the triangular area formed by the street property lines; and 1ine cOl\I1ecting the.-::r. at ooint 25 feet from ~e intersection of the street'lines or in the case of a rounded. - - -. pro~erty corner from the intersection of the street property lines extended., 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. 16. GARBAGE A~1) REFUSE DISPOSAL No lot shall be used or maintained as dur1ping ground for rubbish. No qaJ:bag8" refuse or rubbish shall be deposited or kept on any lot except in a suitable container. SuCh cQntainer - shall be placed in an undexground receptacle nor shall be sMelded by a gar- bage bin so that the container is not visible provided, however,' that garden trash and rubbish the WINTER SPRINGS ordinances requires to be placed at the front of a lot in order to be collected by the WINTER SPRINGS waste division (as provided)" !!laY ,be placed and kept at, the front of the lot, and need not be in any container for periods. not exc.aed ing b.;enty-four (24) hours. All equipment for the storage or disposal. of such materia~ shall be kept in a clean and sanitary condition. 17. WATER. A.7\ID SEWERAGE,' FACILITIES ~O?..TH ORL.2\NDO WATER & SEWE:R CORP. I hereinafter referred to as SERVICE COMP1m!', its assigns or successors, ,has the sole and exclusive rlght to provide all water and sewage facilities and'serVice to the PROPERTY, and to any property to which ,water and sewage , service' is actually rendered' by SERVICE COHPANY. All occupants of any, ,residence, buil.d- ing, unit or improvement erected on the PROPERTY, and all subsequent or future owners or purchasers of the pt:'Operty ,or any portion thereof, shall receive their water and sewage se~lice from the aforesaid corporation or its successors, and shall pay for the same in accordance with the terms, conditions, tenor and intent of the SERVICE COMPANY1S tariffs that are in effect, for so long a~ the aforesaid corporation, its ~signs or successors, provide such services, or either or such services., to the PROPERTY; and all. occupants of any residence, building, unit or improvement erected on the property, and all subse- <;[Uen t or future owners or purchaser of the PROPERTY, or any portion thereof r agree by occupying any premises on the PROPERTY that they \'1ill not construct, dig, build" or other;ii~.~. make available or use water or se~Y'age service from any :source other than that provided. by.' NORTir'ORL..7Ll\IDO.l~lATER:'& SEt']ER'"CORP : ,"'itssuccesso:rsoz;: :assigns.;.. 18. CLOTHES POLES A~'1) CLOTh"ES LINES Clothes poles and clothes lines shall be located on either side of the mai.n building and shall not extend beyon! the front or rear end of the building itself. They shal~ not b~ placed in the front of buildings. Clothes poles and lines shall be landscaped in such a manor so they will not be seen fro~ the front or rear of the house. 19. SUBDIVIDER'S OPTION TO PURCHASE IF SOLD In the e~c~~' that an o,~er desires to sell any lot or lots without improveQents th~~ said property shall be otfered for sale to the subdivider at the sam&price and o~ ::h~ sa..\l.e terms at which the property is about to be sold, and the subdivider shall have ~if~~en (15) days within which to exercise its option to purchase said property; and ::;;;O!1.1c the subdivider fail or refuse (\dthin fi=teen days after receipt of notice of th.e p~lc~ a~d terms at which said property is abo~~ to be sold) to exer~ise its option to ~urc~;se said property at the price and on the terms upon which it is about to be sold, ~n~~ ~~e o~~ner of said property sh~ll have the right to sell said property, s~jeet ~o 0~'~~ ~n~ eve~J restrictive cov=~ants, limitation and agre~~ent herein contained. , .iiil',~:';,~;'~./ : ,j, 'l'~,,,,, .;:_:;i.;}~i_;:':-i,:,.' . ;.-<,1, -,,~>: .' .,,~ "..~, ....:.'".,'..>:.~,~.,,,;.':.,;,.::. " ~.">':';';;:' ,'",-..:~"""" <' ';&-..;.'",," 'l-,""..~'" .,- '~".; :.:"".:\' :>.,," 'd' : . .: :.'-, -!':: ,,' ';;{l.;:~~~"i:iii!.,,;~:~,::~~~:; ~;;j:Q,,~,,;;:)i;.~,,;";' ",;._""""'.0-,,,' ~"::~M~<::'l.,,~Uf"-";-'~'," -'.';',>!'I",'I,.~,~/,'M";,~~,~"",:r'__"","-~ '....-. _,--"!,~,--",,,~~-:,,~'r~~'\;,C.:~G:".:'1C;\... )i':,tfX.~__ AmM',~'7\. -;:",j#,.. .., ~":':_ ~ ..,;.' '.' ~,,:,;,"""""!h ~,?,'." '_,""_'_'~' .;..I e 1.41258 i.'...i]Q 0 (C0:1:) ,'~ I- 20,,#'~'~.I;:;'T~~.rANCE OF PARJa'IAYS aGJ~ =~~E SE~'PiJ~ ~ CQ:;:Ht hrJiH DA T~li:: O~';!'1',:::l:: O~ occupant of each and ever:j lot shall be responsible for the .-..~i,,::c!1,;m::e of that area bet\-:een his property line and any paved roadways, and ~',-t ~ this area shall be maintained in solid sod grass. Any additional landscaping o~- installation of any structure whatsoever, must be apporved in writing by the sub- di. \.- ic1~r. 21. RE1'8DIES FOR VIOL..~TIONS In th~ ~ven~ of a violation or breach of any of these restrictions by any person or concern claiming by, through or under the subdivider or by virtue of any judicia~ p~oc~edings, the suboivider, and the o~vners of lots in the subdivision or any of them, jointly or severally, shall have the right to p~oceed at law or,in equity tocomge~ a co~?liance with the terms hereof or to prevent the violation or the breach of any of the~, and theviolator shall be responsible for the payment'of all court costs and ex- penses, including a reasonable attorneys fee to be paid to the attorneys for the subdivider, or the owners proceeding to compel compliance \'iith this provision. rn addition, to the foregoing.right, the subdivider shall have the ,right,. whenever there shall have been built on any lot in the subdivision ~y strueture which is in violation of these restrictions, to enter upon theproperty where such violation exists and s~il abate or r~..:ove the same at the expans~ of the 0-;;">194', and such en1:.1:y and abatement or re- moval shall not be deemed a trespass.' The failure to enforce any right.or to'correct any, violation shall not constitute a waiver or bar the enforcement thereafter of the sa..-ne identical breach, whether occuri,ng prior or subsequent thereto. The invalidation by any court: of any of the restrictions herein contained shall in no way affect any of the other restrictions, but they shall remain in full force and effect. 22. ADDITIONAL RESTRICTIONS The subdivider may include in any contract or deed hereafter made any additional. restrictive covenants. The subdivider may, in its solediscretion, modify, amend or add to the Protective Covenants applicable to the subdivision; provided, hcmever, that any such additional restrictive covenants or modifications or a..-nendments thereto shall not affect the lien of. any mortgage then encu."nbering any of the properties within' the said Subdivision, nor shall affect the rights and powers of any such mortgagee. 23. DUR>\TION OF RESTRICTIONS. The foregoing agreement, covenants, restrictionS! and conditions shall constitute as ease.'l1ent and sertTitude and upon the lands conveyed .in the subdivision ru..'1.."'ling with the land and.shall be deemed for the benefit of all the lands inthe subdivision; -and they shall be and re~3in in full force for ten (10) years from the date of recording final plat, at ~lhich time they shall be automatically extended for successive periods of ten (10) years each u..'1less by vote of a majority of the owners of the residential lots of 'this subdivision it is agreed to change them in whole or in part. ' . 24. SUBORDIK~TrON Nothing contained in' the Declaration shalL be hel~r to ihvali.date the lien of any mortgage, or deed of ~st prior to foreclosure, pro~ided, however, that any purchaser at any ~rtgage foreclosure sale or sale under deed of .trust sh~ll hold title subject to all the provisions hereof. 25. GRANTOR l-!.~Y ASSrG~. The subdivision may assign any and all its rights, pm..,ers, obligations and privileges under this instrument to any other corporation, association or person. 26. P~STRICTrO~S UNIPO~I The foregoing restrictions shall be applicable to all lots in said subdivision. , . -~ :., " ~,;'",~i~~r,,~::,:,,".:.}"'"- '.':,,;' ';L'o!;;~~.f(~;.,:~;:;;.,_.;,:.., . " ". ".,,,' . ''';.~'..~' ':'''''~~:' ,.- J"?~,' ~.;......' "",:' " ,,-,Jit,' ~"' :;:,.:~,-~::;:~;:~,\:/ ~ ~-'\<"'. ~~. .,_:;,.-....t~= /;;"~,.""- . ,...~';.;;.~~. .'.l!"'~~, \. . '." .' t ~~ (): l r. . ) e a ,,: :L_~- ,. ~7. GE~RERAL PROVISIO~S .1 . (A) Coven::l~ts run ,';ith Land-All restrictions, reservations, c('t":':l~nts. cOllC.litions and easements contained in this Declaration shall const.itute C,)':Cfl::t!lts running \-:ith the lund nnd all grautees, devisees, or mortgagees, th~ir ;!\_:i.rs. person'll representatives, successors aud assigns, and all parties claiminrr by, t~!ro~uh or under such persons, agree to be bound by the provisions of this Declaration of Covenants and Restrictions. (B) The Declarant or any Owner shall have the right to enforce. by <l proceeding at law or in equity, all restrictions, conditions, covenants.. reservations, liens and charges nOt\' or hereafter imposed by the provisions of this Declaration. Failure by tilt:: Declarant or by all Owner to enfol'cc any covenant 01' l'estrici.iOi~ Ilercir. c"llt&iiL~~ shall in flo event be deemed a waiver of the right to do so thereafter. (C) Severability- Invalidation of anyone or any portion of one of these covenants or restrictions by judgement or court order shall in no \vay effect any other provisions which shall remain in full force and effect. CD) Effect of Waiver of Violations- No waiver of a breach or violation of any of th~ terms, provisions and covenants in this Declaration shall be construed to be a waiver of any succeeding breach of the same term, provision or covenant of this Declaration! (E) Notice to O\vners-Whenever notices are required to be given hereunder,tbe same shall be sent to tbe Owners by Certified Mail at the address of the dwelling situated upon tbe lot. Sucb notices,sball be deemed given when deposited in the United States Certified Mails. Any Owner may change his mailing address by vlritten notice gilren to the Decla'I'ant at 771 Highway 17 & 92, Casselberry, Florida 32107. . ' (F) Whenever the context so requires, the use of any gender shall be deemed to include'all genders, and the use of the sln~ular,shall. include the plural.. and the plural 'shall include the singular. ' , .IN.\llITNESS WHEREOF, W. H. Green & Sons, Inc., has caused these presents to be signed in its name by its President and its corporate seal. affixed attested by its Secre.tary this ' 28th ,day of December' ,1973. w. H. GREEN & SONS, INC_ in the . /. &~ /.: I Preside~1:"' ...--. . ..... . . I '. . ..., ~ ~ : J"w ...... .' ... ..' -) . .~~, -r/.' -"t-~,-~~~ .4' ./ , -- ,j .: I ._ I i I i J Attest: . lJ' L'. .,'Y~OJ _,i~.llf~~^- , . Secretary "-:, i -..~... ~-..~. .. .- .... ... '- :......'" State of Florida I County of Seminole E:::fo:re me, the lmdersigned authority, personally appeared this ~aYH. GLENN GREEN n nil RESA GREEN ____, to me known to be the persons described in and who executed the foregoing instrument. as ~esident and Secretarvlrespectj~ely ofl ~~.1. G~~en& SonsL Inc., the corporation named therein, and they severally acknowledged !.n..,~d beforo me that they executed the same under the seal of tile ...., '1 . f . ",' .,2,cr, ~l'(r'l.deed 0 said corporation. .......... ....... '~..... ~:.. (" ,... .",,. ... ...It~\.. .......~:III..''':- - "\. :' 'T' -~,,"/. ~ h .1 d . .' :'L.:.r.:::;,-.:'1)y,:;, anu an ~...4 ..".' . ..~ : corpor3tion and 3S the offiCial seal tMs 23th day ?JOf Dece~ 1973 - "';'/ , /J ~. -- ~ ~;::"".r.d__ /. /: ~.T? A ~.7?/~ - I / =-:O't:lt'~' Pul)li. 4; in n::r! for th,{ St<!te and CC}~U'~i:.r ;'lrOr~S:lift. .j:.~.) . ..' " :: r:....~.:i '" ..: ", . ' . . .: ~:. .'.~:(' :.!y CO~:n1 s s i 011 exp i re s ~.'" :':" ..... '.:t... ,~....