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HomeMy WebLinkAboutTuscawilla Unit 6 , -?~j.">i,ff-~.' j/' ~/ ~ .' !'.~~_~7-; .r\': 'f;;,'O"'," . .1 '. . .- 'eJ ~~.. ~lii~t;.I,,~ill;1 HOMEOWNERS' ASSOCIATION , 1500 WINTER SPRINGS BOULEVARD MAITLAND. FLORIDA 32151 UNit La February 3. 1918 Honorable Mayor and City Council The City of Winter Springs 102 North Moss Road Winter Springs, Florida Re: Tuscawilla - Unit 6 Proposed Amendments to Deed Restrictions lr Dear Sirs: At it's regularly scheduled meeting, February 2. 1978. the membership of the Tuscawilla Homeowners' Association, Inc. reviewed the proposed amendments to the deed restrictions for Unit 6 - Tuscawilla. In review. we find the proposed amendments to be in keeping with the high quality of development that we wish to maintain in Tuscawilla, and t~at the amendments as written will assist in clearing any ambiguity which exists in the present deed restrictions for Units 1,2,3 and 4 of Tuscawilla. By motion duly made and seconded, and approved by unanimous vote. we . hereby recommend favorable consideration of the proposed amended deed restrictions for Unit 6 Tuscawilla. ' Sincerely, ~/ Robert.A. Goll Member, Tuscawilla Homeowners' Association, Inc. Board of Directors Chairman, Deed Restrictions Committee Representative, Architectural Control Committee Encl: Proposed Amended Unit 6 Deed Restrictions \ \. ... r;l~" - '- -~.... -.. ~ ~ ,- , " ~ ;/ ,,:0.:__ "", .... ; ~ ,I. ~!~.i ~., .~ti ,')i r~ :~ "~~ .:,~ d ~1 ::~ i-:, ' ,', ;::) ',d' "". <~ ..~~ ~ -; .' .~ , ; ~J .,.-':'"J .(-f ':'j ;', ,,"\ , . .,', ~:, " ,! .~. '!: February 1, 197e '.~~.::: ~t" ~:~-::=~-:~'.~:'t :~!.~ ~~-:.-: --------------- -- ...----- KNOW ALL MEN BY TIIESE PRESENTS: WHEREAS, Winter Springs Development Corporatio~. 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, State of Florida, more particularly described as follows: All of the lots in Winter Springs, Unit b. according to the plat thereof as recorded in Plat Book . pages 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 1n or lien upon said property or any part thereQf, ' 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, and their respective heirs, personal representatives, successors and assigns. said restrictions, reservations, and conditions being es follows: 1. No lot shall be used except for resjdential 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.E.ctch_bQ!J,!i~shilll have a private garage for at least two and not more than four cars. All garages constructed shall have a side or rear ,entrY only. Garage doors shan front the closest side lot line or~rear lot line only; no garage door may face any street. ' - 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, ans 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, all of 2699 Lee Road, Suite SOl, Winter Park, 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 remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designatea represen- tative shall be entitled to any compensation for services performed pursuant to this cove~ant. 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 representative, fails to approve or disapprove within 30 days after plans and specification 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 corne. lots, the rear and both . sides of all other residences may have exterior construction of concrete block, wood frame or similar construction detail. On corner lots, all residences, ineluding detached structures, may use standard concrete hlock or wood frame only on the side of the structure not facing a street; 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 sm~ll concrete block, brick, stucco, frame, stone or combination thereof, except that a larflp. concrete block may be used if the same is of a type designed to simulate wood siding. The ground floor area, exclusive of open porches and garaqes, shall be not less than t~l).Q square feet of 1ivinq area for a one-story dwelling, nor less than ~square feet of living area on the !1round level for a two or_two and one-half story dwelli,ng, provided said dwe1ling has a minimum of 150'l\square feet of living area over all. 6. No dwelling shall be constructed on a plot having an area of less than 15,000 square feet, and such plot shall be not less than.JHLfeet in width at the front building set-back line. No dwelling shall be erected nearer than 35 feet to the front lot line nor farther than 60 feet' from the front lot line. On lots 1 through 10 and 80 through 89 inclusive, no dwel1in~ shall be erected nearer than 50 feet to the front lot line. All buildings constructed on lots 1, 10, 80 and 89 ~h_~ll front on Winter Springs Boulevard. No dwelling shall be erected nearer than 10 feet to any interiQr10t Tine. The mi nimumdi stance between any and all dwell i ngs shall be 30 feet . On corner lots no # dwe 111 ng sha 11 be erected nearer than ~feet to a lot line facing a street. 7. 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. Any temporary building such as a utility shed, green house, treehouse, platforms, etc. shall be constructed of materials similar to the house construc- tion. Any temporary building must also receive the Architectural Control Committee's approval as per paragraph #2. 8. No noxious or offensive actvity 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 or to the adjacent neighbors. 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 provided that they are not kept, bred or maintained for any commercial purpose. 10. No Sign of any kind shall be displayed to the public vie~ .on anY lot except one professional sign of not more than .!?-fle square foqj:, one sign of rrQ.1;" 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. j I j . I i I j t I ! . ll~ 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 the curb, all containers shall be kept at the rear of all dwellings out of sight from the street. . There shall be no burning of trash or any other waste materials. 12. No fence~ wall, hedge or shrub plantinq which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connectf.ng them iSt points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 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 heiC'Jht to prevent obstruction of such sight lines. 13. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line. Prior to construction of any fence or wall owner shall obtain approval of plans for fence or wall from the Architectural Control Committee. The maximum height of any fence or wall shall be 8 feet. ,... 14. Any swimming -~ol constructea on any lot shall be sUuJcct to the following restrictions" eservations and conditions: ;~ (1) (2 ) (3) (4) ( 5) Construction may be only of concrete or a concrete-type ma te ri a 1 . The outside edge of any pool wall may not be closer than 4 feet to the walls of the house. No pool wall may be constructed or placed closer than 15 feet to the sides and rear lot lines. No pool may be constructed within (recorded) designated utility or drainage easements. No screeninq of pool may be constructed or placed nearer than 10 feet to the sides and rear lot lines. I 1 I I I 1 I I I . l4A. No air conditioning units, either central or wall units, shall be placed on the front of any dwelling or otherwise place or locate"so as to be visible to or from any public street. If said units placed to the side or rear of any such dwelling, but is still visible to or from any public street, it shall be pennissable to so locate said unit if same is screened or otherwise appropriately concealed. 15. Tree houses or platforms of a like kind or nature shall not be constructed on any part of a lot located in front of the rear line of a residence constructed thereon. \ \ 16. Once a lot has been sold by the said Oeve10per, 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 sai"d 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 befng provided 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 encompassed by a rearward extension of the sidelines of said dwelling. 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 camperss boats, motor"homes, shall be kept in the rear or side of the house and sh~ll be adequately screened from view from all adjacent properties as well as from the street frontinQ said property. I I 1- 1 1 ; j I ) , 19." Easements for installations and maintenance of utilities and drainage 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. On lots 21 through 28,31,32, and 38 through 53 whereby the drainage easement is 15 feets and 7.5 drainage easement along the sides of ~ll lots. Within these easements, no structure, planting or other material 'shall be pl aced or permi tted to remai n whi ch may damage or interfere with the ~nstallation and 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 1n the 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 utili~y company is responsible. 20. Where a building has been erected or the construction thereof is substantially advanced and it is situated on a~y lot in such a manner that same constitutes a violation or violations of any of the above covenants, said Developer, its successors and/or assi~ns, 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 said covenants except as to violations they, in their sole discretion, determine to be mlQQ!", and the power to release any such lot or portion thereof from such a violation or violations shall be dependent on a determination by them that such violation or violations are minor. ~- 'j F .. . ,I .,.; '.1, .;, .' .J:: ,,'t.~~"~.;{}~t , ':>"##,; .".'.ffl.~ '-c--,--,~-~~:"~' · ',:"."~:~~:',i.:iX;.; .,. \..:, ',: . ,1. _. .."; ~C;~" , ,~ , ~,'i: i:';:.' "'i:'f, .~";. . . ~ :?",' '" ~~(X":';;~~\:'~:(~>.~~,:1:~;~~;,:;-';~_~}~::' .,. "~: .. ,,- <.~ .." ;:':;:-', '-~,: - ,.. ,. . . .. i l ~ ' .. 21. At any time the then owners of at least fift, Jne {Sl%} percent of' the lots may change these covenants in whole or part by executing written instrument making said changes and have the same duly recorded in the Public Records of Seminole CountYt Florida. Howevert any such amendment shall not apply to any lots owned by Developer unless Developer has joined in said amendment. The above shall not applvt howevert as same pertains to set-back lines from any frontt interiort sidet reart or side street lot linet and the said Developert 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 dwellingt regardless of the number of lots owned by it in said subdivision. 22. These covenants are to run with the land and shall be binding on all pa~ties and all persons claiming under them for a period of thirty years from the date these covenants are recordedt after which time sai-d 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 recordedt agreeing to change said covenants in whole or.in part. 23. Enforcement shall be by proceedinQs 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 costst including . reasonable attorney's feest incurred by a~y 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 proceed; ngs. 24. Invalidation of anyone of these covenants by judgement or court order shall in no way effect 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 , 1978. '" WINTER SPRINGS DEVELOPMENT CORPORATION By: President r Attest: Secretary WITNESSES: ~ STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERrIFY THAT on this day, before me; an officer dulY authorized in the STATE and COUNTY aforesaid to take acknowledgements, personally appeared Roy T. Dye and A. E. Blair, well known to me to be the President and Secretary respective1y 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 day of , 1978. Notary Pub1 ic My Commission Expires: This instrument has been prepared by N. D. Castellano, Vice-President, of 2699 Lee Roadt Suite 501, Winter Park, Florida. t7.,;,.1 ~ . .:~<;:";':"'~~~ ',' !.,-"."'~.,,.",;.~~- -"~~~~':'~.:"":::'; . .'I/W',.....-.,. .-:-., .>,i'-.'. .',....___..... ~ >~, .~F, ~'-':'.~1.:" ....' , .;;,. '~. .'- .'." , , ...~. .;...c -,-. oOIJ~\ ,'t.;; ~ SlMINOLE C,)~Hn FlOnIO~ I' . I ..... ,. \ ~ february 1, 1978 NOTICE OF RESTRICTIONS ON REAL ESTATE ;::r t:O ~ c=> v...J KNm~ ALL r1EN I3Y ""ESE PRESENTS: c;. .r~. '.} > ~ ~. " :j ":) :~ ~.' ,. .-:'";?; } =1' WHEREAS, Hinter Springs Development Corporation, a Flornj~' corp.oration, as nominee for Winter Springs Vent~re, a joint venture, hereinafter ~alled Developer, is the owner of land in the County of Seminol~, State of Florida, more particularly described as follows: '-t~' All of the lots in Winter Springs, Unit 6, according to the plat thereof as recorded in Pl at Book.2/ , pages .3.1 . JJ of the Public Records of Semir.ole County, Florida. and 6 .,. \mEREAS, Developer desires that all of the above described real property be subject to like rcstrictio,'lS foY" the lilutual benefit and protection of itself and a~l 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 dec1are said real property to be sUJject to the fo'lloltJing restrictions, reservations and conditions, bindin] upon said Developer and upon each and every person, both real and corporate, who or which shall acquire hereafter saie real property cr any patt therc!of, and their respective heirs, personal representatives, successors and assigns, said restrictions, reservations, and conditions being as follows: l~ No lot shEll be used except for residential purooses. No building sha 11 be erected; a -; tel'ed) pi aced 0" permi tted to rem~ in on any lot othet' than one detached single-family ~~elling not to exceed two and one-half stories in height. Each house shall he'le a r'ivate ara e for at least two and not more than four cars. garages constructe s or rear entry only. Garage doors shal fron the c osest Slae lot line or rear lot llne on y; n garaqe door may face any street. 2. No buildirv] or structure ~1~hall 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 Cont'~ol Committee as to quality of 'mrkmanship and materials~ harmony of external design with existing structures, ans as to location with respect to topography and finish grade elevatiDn. ::) - :--. ~~ ~: "l i.. "? ~ Jl.. q' :- L. h.. . U. "t-Ao "",' ~ .. ": ~. ~-; . -. : ~-: It :~C' ,"" '- :i \.0 '-0 :.,'0 ,< 3. The Archit\~ctura 1 Control COlT111i ttee is composed of Roy T. Dye, Charles H. True, and N. D. Castellano, all of 2699 Lee Road, Suite 501, Winter Park,' Florida. Ii. majority o~: the committee may designate a representative to act for it. In the event of death or resignation nf any member of the committee, the remaining members sh,]l1 have full authority to designate a successor. Neither the members of the committee, nor its designated represen- tative 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 throuCJh a duly recorded written instrument to change the membershi p of the committee or to withdra\'I' from the commi ttee or restore to it any of its power and duties. ,4. The committee's approval or disapproval as required in the$e covenants shall be in writing. In the event the cOlllmittee~ or its designated representative, fails to approve or disapprove within 30 days after plans and specification have been su~mitted to it, or in any event, if no suit to enjoin the construction has been cOlT!nenced priOl~ to comrletion thereof, approval will not be required and tl1e related covenants shall be deemed to have been fully comp 1 i ed with. " r. ~ t;.. (' ..,:) ~.~ ~~ 0 #, en ~ 0:: ~ ~ t [. I f' t.: I f t.... ' t" r, L ~< t.; " ~ :' : ';, t.+.' i~: r-~,:".,,, -. ~ H I~~'" ~. ;.h ;,:j. I' -~; ,:.): i~.' I:.., t"'; L., , ; ,,- r~', h ~,:! " \,-.;. ':'; tit i;;: 1:1' ~. \" l.~ t. i-,; ~,:, f'.1i, ~ ~ r~ r r.. i:' ~li,'.,~.".' } :.( fJ ~ 1'): t ! , r ~. . f ~ ,,. , . '5. Except for residences constructed on corner lots, the rear and hoth sides of all other residences may have exterior construction of concrete block, wood frame or similar construction detail. On corner lots, all residences, including detached structures, may use standard concrete block or wood frame only on the side of the structure not facing a street; 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 eithet' be small concrete block, brick, stucco, frame, stone or combination thereof, except that a larqe concrete block may be used if the sam~ is of a type designed to simulate wood siding. The ground floor area, exclusive of open porches and garaqes, shall be not less than 15QO square feet of livina area for a one-story dwelling, nor less than 800 square feet of living area on the (jround level for a tvm or t\'lO and one-half story dwelling, provided said dwelling has a minimum of l50Q square feet of living area over all. . OJ (1)0 rn .::::> :J:;T. -nz r- 0 or- :::0 f'1 or') 1. (.j 6. No dwell i ng s ha 11 be cons tructed on a plot havi ng an a rea of 1 es s tha n ~" 15,jlOO,squ'are feet, and such plot shall be not less than.lliLfeet in width at the:J~: front building set-back line. No dVlelling shall be erected nearer than 35 feet III to the front lot line nor farther than~ feet from the front lot line. On lots 1 through 10 and 80 through 89 inclusive, no dwelling shall be erected nearer than 50 feet to the front lot line. All buildings constructed on lots 1, 10, 80 and 89 shall front on Winter Springs Boulevard. No dwelling shall be erected nearer than lO~. feet to any interior lot line. The minimum distance between any and all dwellings shall be 30 feet. On corner lots no dwelling shall be erected nearer than 2~~ feet to a lot 1 i ne faci ng a street. 7. No structure of a temporary character, trailer, basement, tent, shack, gar'age, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. Any temporary building such as a utility shed, green house, treehouse, platforms, etc. shall be constructed of materials similar to the house construc- tic.n. Any temporay'y building must also receive the Architectural Control Committee's approval as per paragraph ff2. ,8. No noxious or offensive actvity 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 or to the adjacent neighbors. 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 provided that they are not kept, bred or maintained for any corrmercial purpose. 10. 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 us(,~d by a builder to advertise the property during the construction and sales pe\'iod. 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 container's and, except during pick-up, if required to be placed at the curb, all containErs shall be kept at the rear of all dwellings out of sight from the street. There shall be no burning of trash or any other \'Iaste materials. 12. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot'\'lithin the triangular area formed by the street property lines and a line connecting them at points 25 feet from the inters,ect'ion of the street property 1 i nes extended. The same si ght 1 i ne 1 imi tati ons shall:~ apply on any lot within 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 foliaqe line is maintained at sufficient height to prevent obstruction of such sighi lines. 13. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum buildinCl set-back line. Prior to construction of any fence or \'/a 11 m'mer sha 11 obta i n approval of p 1 an5 for fence or wa 11 from the Architectural Control Committee. The maximum hc'ight of any fence or \'Iall sha 11 be 8 feet. .' t t c.n en c..o w r-v ~ J f '" t I I I . f. t I I l " .-- 14~. Any swimming pOl.. constructed on any lot shall L subject to the fo110win~ restrictions, reservations and conditions: (1) (2) (3) (4) Constrllction may be only of concrete or a concrete-type ma te ri a 1 . The outsirle edge of any pool wall may not be closer than 4 feet to the walls of the hOllse. No pool vIall may be constructed or placed closer than 15 feet to the sides and rear lot lines. No pool may be constructed within (recorded) designated utility or drainage easements. Ho screening of pool may be constructed or placed nearer than 10 feet to the sides and rear-lot lines. D-l (/)0 /'T'o :1::;>< -rt ;r; r- C) G i~. :u 1T1 OC) t>> C) <:= L" -i I.:~: .< r;, ..\1 CJl m (5 ) CD W <"0 14A. No air conditioning units, either central or wall units, shall be placed on the front of any dwelling or otherwise place or locate so as to be visible to or from any public street. If said units placed to the side or rear of any such d\'/elling, but is still visible to or from any public street, it shall be permissab1e to so locate said unit if same is screened or othen'lise appropriately concealed. 15. Tree houses or platforms of a like kind or nature shall not be constructed on any part of a lot. 16. Once a 1 at has been sold by the sa i d [)eve 1 oper, 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 ~le 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 provided 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 la\'l, at the discretion of said Developer, its successors and/or assigns. 11. All clotheslines shall be placed at the rear of and within the area encompassed by u rean'lard extension of the sidelines of said dHelling. 18. No inoperative cars, trucks, trailers or other types of vehicles shall be allowed to remai n ei ther on or adj acent to any 1 at for a peri od 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 repai~" perfotmed on any motor vehicle on or adjacent to any "lot in the subdivision. Recreational vehicles, such as campers, boats, motor homes, shall be kept in the rear or side of the house and shall be adequately screened from view from all adjacent properties as well as from the street frontinq said property. 19. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.. Drainage easements are hereby reserved as follo\',s: 7.5 drainage easement along the rear. of all lots unless otherwise noted. On lots 21 through 28,31,32, and 38 through 53 whereby the drainage easement is 15 feet, and 7.5 drainaoe easement along the sides of all lots. Wi~hin these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere \'1ith the installation and maintenance of utilities, or \'1hich may change the direction of a flow of drainage channels in the easements, or which may obstruct or retard the flO\'1 of \'later through drainage channels in the 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. /?:\ f: 20.' Hhere a buildinq has been erected or the construction thereof is ~'yQS::t9nt.ial1.Y 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, it~ SlJc::<:e.?S_Qrs and/or ass;.ons, shall have the ri~ht at any time to release such lot or nortions thereof from sllch part of the provisions of any of said covenants as are violated, provided, however, that said Developer, its successors and/or assi~ns, shall not release a violation or violations of any said covenants except as to violations they, in their' sole discretion, _(tet.~e t.Q be min,~ and the pm'lcr to release any such lot or portion thereof frolil sUCfi a vl01allon or violations shall be dercndent on a determination by them that such violation or violations are minor. f I ... , 21. '^t any time thl "hpn mmers of <It l(,(lSt fifty-oll.~ (511.) percent of '~ . the lots lnilY chanfJc th(~se COVr>nilnt~; in \'Iho1e or pClrt by ('x('cutin~ writlcn insttument makinq said chan9cs and have the same duly rl~corderl in the Publ ic 'Records of Seminole County, Florida. However, ilny such amendment shall not apply to any lots ovmed by Developer unless Developer has joined in said amendment. The above shall not apply, hOl'/ever, as same pertains to set-back ("g; lines from any front, interior, side, t'ear, or side street lot line, and the i;~ sai d Oeve 1 oper, ~p~c1fjca lly reserves unto i tse If and its successors and/or ~ ~ assigns the autl1QrJty to change said set-oack 1 ines at any time prior to th~~,; constructi on "of a res i dence dwell i ng, re~ardl ess of the number of 1 ots o\'me<E~: by it in said sl1'bdivision. . l"~" -1 i~ -..;,' t",-' 22. These covenants are to run with the' land and shall be bindinq on '" all parties and all persons claimin(j unrler 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 b.~ a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 23. Enforcement shall be by proceedinqs at law or in equit9 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, inc1udino reasonable attorney's fees, incurred by any movinq rarty 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 proceedi ngs . 24. Invalidation of anyone of these covenants by jUdgement or court order shall in no ':IaY effect any of the other provisions ",hich shall remain in full force and effect. IN WITNESS WHEREOF we have hereunto set our hands and seals this 11thday of February , 1978. STATE OF FLORIDA COUNTY OF SHlINOLE WINTER SPRINGS DEVELOPMENT CORPORATION l3y: 05 ~;:':t d ~., " ~ ~ I) ; r, CUe fJR~__ ' \ ' r Secretary. , . '. ., .' " f ., #,~ '. '" " " '. , "'/ ~. . .,1 (; "~ , ',.'/ ~ ~: c. , '_.: : '- , ... ..; ,< ~ . ~..~ (,- ",... .. . ," ~ ,,' " " ...... Attes t: I HEREBY CERTIFY THAT on this day, before me, an officer duly authorized in the ST^TE and COUNTY aforesaid to take acknowled~ements, rersonally apreared Roy T. Dye and A. E. Blair, well known to me to be the President and Secretary respectively of Winter Sprin~s Development Corporation. and that they severally acknowledged executing the aforesaid instrument in the presence of subscribinq \<Jitnesses, 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 n~ hand and official seal 13th day of Februa~y t 1978. My Commission Expires: August 28, 1979 in the County and State aforesaid this &~J DadO; Notary Publ ic . , 1\/ ~' " .' I ' " , ~ ' ',' J/) . f.' \ . ..,. ..... /') Q' ... o. "y t. ~, ~ \ .../. J 'J "> Vice-President~'"Qf . I ., .. ..' -"'" .'. ~ ".-,,, ....;, ,.f" This instrument has been prepared by N. D. Castel1ano~ 2699 Lee Road, Suite 501 ~ Winter Park, Florida. I , I . t t Ul m CD <...v .boo ~ i' t ~ . . I I ! i f ~ I , r i . j f f t r I i L I ~ t- V I ~ I I 1.- r- ,ft " iiOIJI\ i'f.:;: SEMINOLE C,)IJHTY FlOrllO.'. I' '\ , . ,., .,~ February 1. 1978 . , ~ CD '"" c=> NOTICE OF RESiRICTIONS or~ REAL ESTATE w ~:; , 5? KNOW ALL t1EN 8Y'-IIESE PRESENTS: :2:~ ;~ ""c .-:r:;~ ; ::'1 WHEREAS, Winter Springs Development Corporation, a Flo~l~~: corporation, as nominee for Winter Spr'ings Venture, a joint venture, herein.~'fter 'C'alled Developer, is the O\/ner of land in the County of Seminol~. State of Florida, more particularly described as follows: All of the lots in \'linter Springs, Unit 6, according to the plat thereof as recorded in Pl at Book.21 , pages .3.,l 4 ~J 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, NOW, THEREFORE, in consideration of the premises, Developer does hereby dec1.~re said real pt'operty to be subject to the follo'tling 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: l~ No lot shall be used except for residential purposes. No building sh~ll be erectedJ altered, placed or permitted to rem~in on any lot other than one detached single-family dVJelling not to exceed two and one-half stories in height. Each house shall h~ve a private garage for at least two and not more than four cars. All garages constrlJcted shall have a side or rear entry only. Gara]e doors shall front the closest side lot line or rear lot line only; no gara'Je door may face any street. 2. No buildirg 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 structul'e have been approved by the Architectural Contl"ol Committee as to quality of \JOrkmanship and materials, harmony of external deSign with existin1 structures, ans as to location with respect to topor:/raphy and finis~l grade elevation. ) . , ,~~ ?: ..., ~. "') ~ ~ q' .- L' It.. . ~Ja ... ..... .." ~ ~ -: 'l' ,~ -:; . -. ~.. ~ '", ~( i '- ''0 '0 <II( 3. The Architectural Control Committee is composed of Roy T. Dye, Charles H. True, and N. D. Castellano, all of 2699 Lee Road, Suite 501, Winter Park,,' Florida. A majori ty of the committee may designate a representative to act for it. In the ~vent of death or resignation of any member of the committee, th2 remaining members shall have full authority to designate a successor. Neither the members of the commHtee, nor its des i gnated represen- tative 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 throuqh a duly recorded written instrument to change the membershi p of the committee or to withdrav,' from the committee or restore to it any of its power and duties. 4. The committeels approval or disaprroval as required in these covenants shall be in \'Jriting. In the event the committee, or its designated representative, fails to approve or disapprove \'Jithin 30 days after plans and specification have been suumitted to it, Ot' in any event, if no suit to enjoin the construction has been cOlilnenccd priOl~ to comrletion thereof, approval will not be required and the related covenants shall be deemed to have been fully comp 1 i ed with. .' l r.:l C) en 0:: ""-..J ~ ~ . i!; l t:~ . ~ ~ tr ~~ t, . t ~~ i ~. ff' . ( h ~ f L f t i~ r i: , ~ i ~ l r t t- . ~i ~ , ' ~,~ h" F ~ ! L~ h' F." k ~' t:-; (.~ I> ( ".. \r ~: I, t:~ ~, , It ~ ~. lJ f i f ~.. t ~: , r t ~ . , 'S. Except for residences constructerl on corner lots, th~ rear ~nd hoth iides of all other residences may have exterior construction of concrete block, wood frame or similar construction detail. On corner lots, all residences, including detached structures, may use standard concrete block or wood frame only on the side of the structure not facing a street; 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, frame, stone or combination thereof, except that a larqe concrete block may be used if the sam~ is of a type designed to simulate \"lood siding. The ground floor area, exclusive of open porches and garaqes, shall be not less than 1500 square feet of livinq area for a one-story rlwellinq, nor less than 800 square feet of living area on the (Jround level for a two or t\'lO and one-half story dwelling, provided said dwelling has a minimum of 1500 square feet of living area over all. OJ eno l'T'.::> X7- ..., :z: r- 0 o. ::0 r T1 00 1.0 6. No dwelling shall be constructed on a plot having an area of less than ~ .., 15,000 square feet, and such plot shall be not less than 80 feet in width at the:~~~ front buildinCj set-back line. No dV/ellinq shall be erected nearer than 3S feet ," to the front ~ot line nor farther than 60-feet from the front lot line. On lots 1 through 10 and 80 through 89 inclusive, no dwelling shall be erected nearer than 50 feet to the front lot line. All buildings constructed on lots 1, 10, 80 and 89 shall front on Hinter Springs Boulevard. No dwelling shall be erected nearer than 10 feet to any interior lot line. The minimum distance between any and all dwellings shall be 30 feet. On corner lots no dwelling shall be erected nearer than 25 feet to a lot line facing a street. 7. 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. Any temporary building such as a utility shed, green house, treehouse, platforms, etc. shall be constructed of materials similar to the house construc- tion. Any temporary building must also receive the Architectural Control Committee's approval as per paragraph 112. .8. No noxious or offensive actvity 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 or to the adjacent neighbors. 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 provided that they are not kept, bred or maintained for any commercial purpose. 10. 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 us\~d by a builder to advertise the property during the construction and sales pE'dod. 11. No lot shall be used or maintained as a dum~ing ground for rubbish, trash or other waste. All trash, garbage and other waste shall be kept in sanitary container's and, except during pick-up, if required to be placed at the curb, all containers shall be kept at the rear of all dwellings out of sight from the street. There shall be no burning of trash or any other \'laste materials. 12. No fence, wall, hedge or shrub plantinq which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area fonned by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall:~ apply on any lot "/ithin 10 feet from the intersection of a street propel'ty line with the edge of a driveHay 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. 13. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line. Prior to construction of any fence or wall m.mer shall obtain approval of plans for fence or wall from the Architectural Control Committee. The maximum hc.ight of any fence or \-/al1 shall be 8 feet. . ~ , I . ~ I , ~ i . l~ . U1 ~:: ,. en i , c..D f t c...v t rv I t ~ ~. I I f , ; . f \; ~ t . ~ ~ .. 14. Any swimming pot., constructed on any lot shall t ;ubject to the , 'fo11owinf/ l~cstrictions, reservations and conditions: I (1) (2 ) (3) (4) (5 ) Construction may be only of concrete or a concrete-type ma te ri a 1 . The outside edge of any pool wall may not be closer than 4 feet to the walls of the house. No pool wall may be constructed or placed closer than 15 feet to the sides and rear lot lines. No pool may be constructed within (recorded) designated utility or drainage easements. No screening of pool may be constructed or placed nearer than 10 feet to the sides and rear-lot lines. OJ (/\0 """0 x;>< -n:or: ,e) co- r" ::0 r" 0" t.. C) t:: :.l: .,.. -'I ~ -< r,... nl <J1 m 14A. No air conditioning units, either central or wall units, shall be placed on the front of any dwelling or otherwise place or locate so as to be visible to or from any public street. If said units placed to the side or rear of any such d\'/elling, but is still visible to or from any public street, it shall be permissable to so locate said unit if same is screened or othenlise appropriately concealed. 15. Tree houses or platforms of a like kind or nature shall not be constructed on any part of a lot. to W C.v 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 tile right to enter upon said lot for the purpose of cutting and removing such overgrown weeds and rubbish and the expense thereof shall be charqed to and paid by the o\'mer of such lot. If not paid by said aI-mer \'1ithin thirty (30) days after being provided 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 Deve1oDer, its successors and/or assigns. 17. All clotheslines shall be placed at the rear of and within the area encompassed by u rearward extension of the sidelines of said dl;Jelling. 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 repai~ perfonned on any motor vehicle on or adjacent to any 'lot in the subdivision. Recr~ational vehicles, such as campers, boats, motor homes, shall be kept in the rear or side of the house and shall be adequately screened from view from all adjacent properties as well as from the street frontinq said property. 19. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Drainage ea~;,ements are hereby reserved as follows: 7.5 drainage easement along the re,;\r,of all lots unless otherwise noted. On lots 21 through 28,31,32, and 3D through 53 whereby the drainage easement is 15 feet, and 7.5 drainaqe easement along the sides of all lots. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere \'1ith the installation und maintenance of utilities, or \'1hich may change the direction of a flow of drainage channels in the easements, or which may obstruct or retard the flO\'1 of water through drainage channels in the 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. 20. Where a building has been erected or the construction thereof is subs tanti ally advanced and it is s Huated on any lot ins uch a manner that same constitutes a violation or violations of any of the above covenants, said Developer, its successors and/or assinns, shall have the right at any time to release such lot or flortions thereof from such part of the provisions of any of said covenants as are violated, provided, however, that said Developer, its successors and/or assiqns, shall not release a violation or violations of any said covenants except as to violations they, in their sole discretion, determine to be minor, and the pm'ler to release any such 1 at or nortion thereof fror.l such a violation or violations shall be dependent on a dete~mination by them that such violation or violations are minor. .: 21:' ^t any time th, ",h0n miners of ilt loost fiftY-G. (Sl1.) pet'cent of . th~ lots 111i1Y chan')c th('se COv0nilnts in "thole 01' pilrt by exC'cLJtinrJ written in;>trument makin'J said chanqcs and have the sallie duly rl~cordod in the Publ ic 'Records of Seminole County, Florida. However, ilny such amendment shall not apply to ,any lots owned by Developer unless Developer hilS joined in said amendment. The above shall not applv, hal-lever, as sarrle pertllins to set-back ("~ lines from any front, interior, side, rear, or side street lot line, and the ~~ sai d Developer, specifi ca lly reserves unto Hse If and its successors and/or ~ ~ assigns the authority to chan0c said set-back lines at any time prior to thEf;~,; construction of a residence dwell ing, regardless of the number of lots ownc((;~: by it in said sltbdivision. . l"~" -, r~ ...'('("" 22. These covenants are to run with the' land and shall be bindinq on '" all parties and all persons Claiming under them for a period of thir~y 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 siqned by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 23. Enforcement shall be by proceedinqs at law or in equitj 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, inc1udin9 reasonable attorney's fees, incurred by any movinq 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 proceedi ngs . 24. Invalidation of anyone of these covenants by jUdgement or court order shall in no ':lay effect 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 11thday of February , 1978. WINTER SPRINGS DEVELOPMENT CORPORATION By: oL~ ,A'. d~,. ~; ~ C-c r-" n. fl , _ C ~~___ Secretary <...' ,~ . .~i' :. :.: I .," w, ('. . .-~. : r '-., .... '\ ,'- ~ . <.;)' ,,' ":.....". to"'" I. . , . ~ I' .," ,..,.' '" '." ..1 ." " 1"'J1"I<, ."~ I, '. "... .,..... ~.. '.,i Attest: ~ i ~' ('l (, r , , . r wmlE~' L (/~ ~~-~ ~~r::;~7? STATE OF FLORIDA COUNT':' OF SEHINOLE ". \. I HEREBY CERTIFY THAT on this day, before me, an officer duly authorized 1 n thE: STATE and COUNTY aforesai d to take acknol'1l edgements, personally appeared Roy T. Dye and A. E. Blair, well knm...n 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 subscribinq 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. IHTNESS my hand and off"j ci a 1 sea 1 13th day of Februa~y ,1978. in the County and State aforesaid this gzt;_J' tJ~r Notary Pub1 ic My Commission Expires: . . ) 'I ~' " .' I \ " " ; " ... ',' J / '7 ' (,> , " ""f ..... /) Q' ... 0' -or 1- ", " -t J ' "'> V. p . d ~ If I J 1 ce- res 1 ent ""~' . ,. -"" , 1- ",ll ""',,: " " .." August 28, 1979 This instrument has been prepared by N. D. Castellano, 2699 Lee Road, Suite 501, Winter Park, Florida. ~ ,. I I. t t: f . f r \!