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HomeMy WebLinkAboutTuscawilla Unit 9 A '.' ..' .... ~ .. - ~.. ., .. . .'. I. . ---...------- --~.- --- ------~-- ._..-_.~.--------_..---- /'" (fi iJrl- q A HIIEREAS, Hinter Spl'in~)s 'Development Corporation, (l Florida' f:orporlltion, uS nominee foy' Hintey' SP1'inus Ventun~, il joint venture, '~n:inaftcr called lkvelopp.r, is thc> O\"/JW\' of lilncf in the Count.y of lc. Statc of Floridu, morc particularly described as follO\'ls: i~110H !\l.L '.1EN f3Y TIlESE rRESENTS: I lots 1 thru 16 in Tuscawilla Unit 9-A according to the plat. thereof as recorded in Plat Book 23 , page 22 of the Public Records of Seminole County, Florida. . ~ HIlEr-EAS, Developer desires that all of the above described real property be subject to like restrictions for the: ii1utuu"1 benefit and protection of itself and all persons, both real ilnd corporate, \./110 hereafter may purchase or acquire said propcrty or any part thereof, or , an.)' interest in 01. lien upon su)d property or any par't thereof. NOH, THEREFORE, in consideration of the premises, Developcr" does hereby declare said real pr'operty to be subject to the follm.ring restrictions, reservations and conditions, binding upon silid Developer and uFon each and every person, both real and corporate, \'/ho Ol~ \'/h i ch shall acquire hereafter said real prope)'ty or any part thereof, and their .respective heirs, personal representatives, successors and assigns, said restrictions, reservations and conditions being as 'fol1m'/s: .> UJ . ..J <:> X' ~;c --LU .~0c.f) - .0 w:: COLt.. c.c.o 1.. No lot shall be used except for residential purposes. No building sha11 be erected, altered, placed or permitted to remain on any lot other than one detached single-family d\'lelling not to exceed t,,/o and one-ha 1 f stori es in hei ght. Each house shall have a pri vate garage for at least two and not ~ore than four cars. All garages constructed shall have a side or rear entry only. GaraS2 deots shall front tl12 closest side lot line or rea). lot line only; no garaqe ciOn}' tni1Y face any street. ~ - 2. No building or structure shall be erected, placed or altered on any lot until the ~0nstrLlction plans Clnd specifications and a p1;;:,n showing the location of the building or structure have been approved by the 1\1'ch1 tectura 1 Control Ccmmi ttee as to qual i ty of \'/ol'kmansjli P and materials, harmony of extet'nal design ..lith existing structures, and as to location with respect to topography and finish grade elevation. 3. The Architectural Control Committee is composed of Roy T. Dye, Charles II. True and Arthur 11. Barr, all of 2699 Lee R00.d, Suite 501:- Wint~r Park, Florida. A majority of the co~nittee may designate a re.presentative 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 succes<''f. Neither the IIlcmbe)'s of the con,mittee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then l'ecord O\-lners of a majority of the lots shull have the pO'der tl1t~01l9h a duly recorded \':ri tten ins trument to r.hi.ll1ge the rr:cmbel'sh i P of the comrni t tee or" to \'dthclraH from the cO:1:mittee or restore to it any of its pOi'ler and duties. 4. The cotl1llittee's approval or disapproval as reCJuired in these covenants shall be in \'Iriting. In the event the committee or its desi9nated representative, fails to llpprove or disl\ppl~o'le \dtl1in 30 (.!Jys tlflel: pltlns nnd spccifictltions huv::; been submitted to it, or in any event, if 110 suit to enjoin th~ construction hilS been cOl1iinr.~ncecl priolo to completion thel.cof~ upprova1 \'/ill not be required und the relutcd covenants shall be decmcd to have been fully complied vrith. -..Y') , . N r-- ~~;~,'\ " '.-_1 ~~ ' - ._~ .::C .-" .... c".! 0_ ,. ~ / ~ .~ .i .:1' , ."'r LI"I , \ c. ~.": '. .. . . :' en . .. .. .. \ ,_I , ~ ; 0 f"-_ ~ - f- a.., . f , .. , ".-' " f2(E6 n'''DP ~ 1""'" ;~,,~, r:-- \ \ -- t ,-:.... - \ , I', I 1" l. \l "~ I ~~ '\(. ~~.... ";;':! .....".l.....i \,'.... ! I ~.: ').oF ",J l'J :1.\.1> . '--..1 .,.Y .1\.1\ 1 ? ,979 OiY of v:!:ntR sn\a~GS (JI}-Lvr Cf~A Of{ I-!M.~ . ,... '^ C") ~ ~ C:J .0 a: o w<.>.< ,~WJ .J ~.~ c: lL- o. e., <-> w ..J o' X ....J;.i: ~tJJ ..,:QU) C'lL. 0Li.. ceo Lf) .-.:r . N .. 5. Except for rC$ i dcnccs constructed on ....Ol'ner lots, the rear and both sides of all other residences may have exterior consty'uction of concrete block, \'lOod frume or similar construction detuil. On corner lots, all residences including detuched structures 'y use standard concrete block or \'lood frame only on the side of the 'cture not facing a street; the exterior construction on the front v, . ' l'esiclences and on the 'side of residences locilted on comer lots that do face the street, shall either be slnall concrete block, brick, stucco, frume, stone Ol~ combination thel~eof, except tha.t a large concrete block may be used if the sume is of a type des i qncd to s i mul ate vlOod siding. The ground floor area, exclusive of open porches and garages, shull be .not less than lSOO square feet of living al~ea for a one-story dwelling, nor less than 800 square feet of living area on t~e ground level for a b/o or t\'1O and onc~-half storey <h'Jelling, provided said dwelling has a minimum of 1500 square feet of living area over all. 6. No dwelling shall be constructed on a plot having an area of less than 15,000 ~quare feet, and such plot shall be not less than 80 feet in \'lidth at the front building set-back line. No d\'/elling shall be erected nearer than~ee1 to the front lot line nor farther j:han 60_. feet from the front lot line. No dl'1elling shall be erected nearer than .10 feet to any i nteri or lot 1 i nee The mi nimum di stance beb/een any and all dwellings shall be 20 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 tempol~ary 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 construction. Any temporary building must also receive the ,Architectural Control Committee's approval, as per paragraph #2. 8. No noxious or offensive activity shall be carried on upon any lot, nor shall anythi ng be done then~on \.,hi cll mayor may become an . annoyance at' nui sance to the nei ghborhood or to the adjacent nei ghbors. 9. No animals, livestock, or poultry of any kind shali be .raised, bred or kept on any lot, except that dogs, cats or other househo"ld .'pets may be kept provided thut they are not kept, bred or maiiltained for .any cOfilmerci a 1 pw'pose. 10. No sign of any kind shall be displayed to the publir:: vie\'! .on any lot except one professional sign of not more than one square foot, . .one sign of not more than five square feet, advel~tising the propE.rty for sale or rent, or signs used by" a builder to advertise the prope\~ty during ..'the constructi on and sales peri ode 11. No lot shall be used or maintained as a dumping ground for ~ubbish, trash or other waste. All trash, garbage and other waste shall be I~ept 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 :.d\';ellings out of sight from the street. There shall be no burning of . trash or any other Haste materials. '12. No fence, wall, hedge or shrub planting which obstructs "sight lines at ele':ations bet\vcen 2 and 6 feet above the road\':ays shall '.be placed or permitted to remain on any conler lot \'/ithin the triangulClr urea form2d by the street propet'ty lines and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same si9ht lir.e limitations shall apply on any lot \'/ithin 10 feet f}'Or.l the intcl'~cction of a street property line \'1ith the edge of a drive\'liW or alley pavement. No tree shall be permitted to remain \'/ithin such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such si9ht lines. 13. No fence or Hall shall be erected, placed or' altered on cny lot nearel~ to any street th~n the minimum building set-back line. PriOl~ . . -2- i con~truction of ~ IY fence Ol~ ....Jall. O\-Jner shan ,tJin tlpproval of 1) I'ns for fence or l'/ll 11 from the f,rch iLectura 1 Contro 1 Camilli ttee. TlJe'TJaximum height of any fence or \-Ja11 shall be 8 feet. 111. Any sl.rimming pool constructed on any lot shall be subject to the following restrictions. reservations and conditions: (1) (2) (3) ConstructiOn may be only of concrete or a concrete-type material. The outside edge of any pool \-/a11 may not be c1 ose}~ than 4 feet to the wa 11 s of the house. No pool wall-may be constructed or p1accd closer than 15 feet to the sides and rear lot l'ines. No pool may be constructed within (recorded) deSignated utility or drainage casements. No screening of pool may be constructed or placed nearer than 10 feet to the sides and rear lot lines. (4) (5) '<<:1'" 0 0:: V . 0 co 1LJ~..ci. (,~ c: ~ C) u. ci Q l..f') tJJ -! "'q" - 0 -- C"'J -yo ~ -. -lU .,::Ocn ,. C>~ Db.. roo 14A. No air conditioning units, either central or wall units, shall be placed on the front of any d~'Jelling or othervtise place or locate , so as to be visible to or from any public street. If said units placed to the side or real~ of any such dwelling, but is still visible to or .,from any public street, it shall be permissable to so locate said unit if same is screened or othenvise 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 lot has been sold by the said Developer, the same, -.whether improved or not, shall be maintained in good appearance and . free from overgrm-/ll \'Jeeds and from rubbi sh. In the event any lot is not so maintained, then the said Developer, its Sllccessors and/or assigns, shall h2'12 the )~ight to enter upon said lot fOI' the purpose of cutting .~and removing such overgrown weeds and rubbish and the expense thereof shall be chargedto and paid by the o','mer of such lot. If not paid by suid owner within (thirty) 30 days aftel~ being provided \'Jith a \':ritten ..not-ice of such charge, the same shall become a lien UpOl! said lot until paid and may be collected by an action to forec;lose said lien, Ol~ by an action at law, at the discretion of said Developer, its successors and/ .,-or ass i 9ns . 17. All clotheslines shall be placed at the rear of and within ': the area encompassed by a real~i'la}~d extension of the sidel ines of said dwelling. 18. No inoperative cars, trucks, trailers or other types of -Vehicles shall be al1m'/ed to rema-in either on at' adjacent to any lot for a period in excess of forty-eight (48) hours, provided, hm'lever, this -~provision shall not apply to any such vehicle being kept in an enclosed '--gal~age.. There shall be no majOl~ repair pel'formed on any motor vehicle -on or adjacent to, any lot in the subdivision. Recreational vehicles, sllch as cumpers, boats, motor homes, shall be kept in the rear or side of the house and shall be adequately screened from v.iew from all adjacent .pt'operti os, as \'/e 11 as from the street fronti ng said property. 19. Easements for installations and maintenance of utilities -and dr,!iIlC.lge facilit'ies are l'eserved as shO\m on the recorded plat. '.HiUlin these easements, no structure, planting or other nlJtedtll shall b[! pl<lced or permitted to remain \.,hich may damage 01' interfere with the installation and maintenance of utilities, or' which may change the dh'cction of a flow of dl~ainuge channels in the easements, 01' \,thich may obstl'uct at' retard the flow of water through draini'lge channels in the casements. The easement at'eil of each lot and all improvements in it shall b2 maintained continLlously by the ownel~ of the lot. except for thDse impl~ovelllcnts for \'Jhich a public authority or utility company is }'csponsible.. -3- i I i t t.~ f h } ? ~ i f t " [ I; 2 ~ ~ ~ 20. Uhere a building.hCl.S been erected or the construction thereof ; - .. >> . ~n OJ I' '0 :J ill r:: I >- ~ ('~ < In. ~:) V) ,.- ItS I Door- ! !: ~ I W.O [CDO .0 , r- t'l<"OO (\\ ro l{) ..c t'-. ..N +~ (IJ (Y) ~: ::J (iJ S- . f~ t- ru i ~ .r;: ,p :r: (/" ... r:. lflU .- ill 0 '.-0 VIS- 3: . 'r' ru g> .C.c 0 l-~ f..) ..J @ I 1 I :l .1 is subst~ntially advanced and it is situated on Dny lot in such a manner that same constitutes l\ violation or violations of any of the above covenants, sidcl Developer, its successors ancl/or assifjns, stlllll have the right at any time to release such lot or port.ions thereof from such pllrt of the provisions of any of said covenant.s as are violatc(!) provided) hOvlcver, that said Developer,. its successors ancl/or assigns, shall not reletlse a violation or violations of i.lny said covenants except as to violations they, in their sole discretion, determine to be minor, and the power to release any such lot or portion thercof from such a violation or . violations shJll be dependent on a determination by them that such violation or violations are minor. t.() ~ JO o I..C v' N 21. At any time the then O\'Jncrs of at least fifty-one per cent .(51%) of the lots may change these covenants in whole or in part by executing Cl \'Ir"itten instrument making said changes and have the same duly recorded in ~ the Public Records of Seminole County, Florida. Hm'lever, any such amendment :.':~~j shall not apply to any lots O\'Ined by Developer unless Developer has joined "o::~ in said amendment. The above shall not apply, hm-lever, as same pertains to g set-back lines from any front,int2rior, side, rear, or side street lot line, ~ and the said Developer, specifically reserves unto itself and its successors ~ and/or assigns the authol~ity to change said set-back lines at any time prior ~i3 to the construction of a residence d\'Jelling, regardless of the nUil1bel~ of lots ~~V)oi'lned by it in said subdivision. Oll.. . COo 22. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty 'years from the date these covenants are recorded, ~fter which time said covenants shall be automatically extended for successive periods of 10 years .unless an instrument be signed by a majority of the then O\'mers of the lots has been recorded, agreeing to change said covenants in whole or in part. 23. Enforcement shall be by proceedings at la\'I or in equity .agai nst any person Ol~ persons vi 01 a ti ng or attempti ng to vi 01 ate any covenant either to restrain violation or to recover damages. It is expressly understood and agreed that all costs, including reason(1bl~ attorney's fee incurred by any moving party in any 1eg:ll . proceedings which result in the successful enforcement of any covenant or restt'i cti on contained in thi s Noti ce shall be borne in full by the defendant in such proceedings; 24. Invalidation of anyone of these covenants by judgment 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 ~th day of _July , 1979. HINTER SPRINGS DEVELOPi'~ENT CORPOfJ\TION WITNES)): J;.7..... . oL~~/d(![ By .Q.;SI3-t~ ..vi ce-P.res i d9nt {> ',Iifl' I } . Attest: F;0--t '. "fM.~---'-- ..-.... ,~. ..) loJ: r ...' .:) '. j_.~ j 'STATE OF FLORIDA .'COUNTY OF ~EMINOLE 1 IlERErW CERTI cy that on thi s day ~efol~e IT!e, an offi cer duly authori zed in the Sta te ancl County a fon:sai d to ta ke atknOl'/l edqlllcnts, personally appeared CHARLES H. TRUE and A. E. CLAIR, \'/ell kno\'ln to me to be the Vi ce~rl'C~s i dent and Secrcti:lry respect; ve ly of l{i ntel' SpI'i ngs Dovel opmcnt CorpOr<1tlOll, and thJt they sevel~ally ucknm'JlcdrJCd executinq the aforesaid instrw!lent in the presence of subscribing \'Iitnesses, freely llnd voluntlll'ily under iluthority duly vested in them by said Corporation, llnd that the se~l . affixed thereto is the tt'ue Coq)ol'ate Seal of said COI~poration. \-IITNESS my Iland and official seal in the County and State aforcsilid this 12th day of . .July 1979. t/ /) 1/ \ ------;;:-' /" ~ V -14' ......./. <....0.{ '( ~ > /-y),,. ./;;:.1" (l . . ^ \> " '\. :_~,,~'(j.L.::::... ..-:;. /( (1A't~.1? ('// c) o"';;: --- -No[;I"Y I'u~ fre (/ r: .r,~~\ ;,~m~~\~~,i ~.~ 1~.~~D.i~~~S: ~':?' .;,: ~ ~ 0'-..../ , / :.:~' :"', I .' . l'~ .'. I _'" , "'" \" , - ~. . ";'" . ;' )-..