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HomeMy WebLinkAboutTuscawilla Unit 9 B '1, "\ " \ <;1 ) "'.'f', \ '-t r " \.. w \. ,n \."'\ .'~ V-\ ..,\ V 1":", I (j If !\" Cv' " C'~ r. cJ r:..;:t.?-' I"~'!-" "" \ Y'j ,/\ .~ . -^-, '.. /-1 ----- I (P'~/ o Ll') ,... N (\") OJ ::Sl'Cl t: "t:l Q) <LI."" ::S>~ s.. c:( 0 r- r- cnl.L. .l'Cl ::c: r- ~ 0} "t:l 'Vl::SO ::<LIOO .<r- Cl ~ .~ en ; to r- t: ~...c: I.D 0 ,U co ...J II> , dJ :0 ~ I ;,. :" \ " ~~-t' ~ I;' .... ,'>. \<\ ~ 'JI ~ .~ "~ ~' ';:: . '[l '<J ~ ,,", ":0 ... <~ Q ..... "I...: "-~ :< . ,,~. \" t: \.. <- \;,j ..> ",~ ~-._. '0 -~ -......, \:..., --,'''... .' \ --. "- "'J '\' ~: NOTICE OF RESTRICTIONS ON REAL ESTATE L,{ 1\1 ft- q'-:~ [~ KNOW ALL MEN BY THESE PRESENTS: . WHEREAS, Winter Springs Development Corporation, a Florida . corporation, as nominee for Winter Springs Venture, a joint venture, hereinafter called Developert is the owner of land in the County of Seminole, State of Fiorida, more particularly described as follows: All of the lots i Tuscawilla Un; -, according to the plat thereof as recorde in P at Book .-2.:) , pages61y.5J" of the Public Records of Seminole County, Florida. and ''- ~ .:=:: -l-~ ~~ -..,., c=; .s: r- = ~ c-:> <.::> = --,= <~ er.,) 0") ~') .,'1 ~,' ' C:.) l."r ~ I'V WHEREAS, Developer desires that all of the above described m 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 r any interest in or lien upon sa1d property or any part thereof. ~ ~ ry fl. . NOW, THEREFORE9 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 Develop2r and upon each and every person, both real and corporate9 who or which shall acquire hereafter said real propErty or any part thereof, and their respective heirs9 personal representatives, successors and assigns, said restrictions, reservations and conditions being as follows: 1. No lot shall be. used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height. Each house shall 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 SlG~ lot line or rear lot 1 ine only; ~o garaQe door m~.l~ f~~~ any ~tr:.:J' . " 2. No building or structure shall be erected, placed or altered on any.lot until the construction plans and specifications and a plan showing'the location of the building or structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. 3. The Architectural Control Committee is composed of Roy T. Dye, Charles H. True and Arthur M. Barr, .all of 861 Dou~las Avenue, longwood, Fla., 32750. A majority of the commfttee may designate a representative to act for it. In the event of death or resignation of any member of the cowmittee, the remaining members shall have full authority . to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of , a majority. of the lots shall have the power through a duly recorded written instrument to change the merrbership 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 cowmittee or its designated representative, fails to approve or disapprove within 30 days after" plans and specifications have been submitted to it, or in any event, if no suit to enjoi n the constructi on hds been commenced prior to comp 1 et'j on thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. C- c:::: - l~:) co W f'\_) ~ to C.> -'-1 '1 (3 1".) .::;.- .. - " '" ~ - ..u. " co . " 5 . Except-for res i dences, cons tructed on co rner 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 including detached structures may use stanJard 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'resiaences.lo.cated .on corner lots that do face the street, shall either be small concrete block, brick stucco, frame, stone or combination thereof, except that a large 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 an9 garages, shall be not less than 1500 square feet of living area for a one-story dwelling, nor less than 800 square feet of living area on the ground level for a two or two and one-half story dwelling, provided said dwelling ~as 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 square feet, and such plot shall be not less than 80 feet 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. . No dwelling shall be erected nearer than 30 feet to the rei.! J" lQt]; ne. No dwell i ng s ha 11 be erected nea rer than 10 feet to any side lot line. The minimum distance between any and all dwellings shall be 20 feet. On cprner lots, no dwelling shall _be .erected nearer than 25 feet to a lot lin.e .fa.cj,ng a str.eet.' . .- 7. No structure of a temporary character~ trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot IT} a.t. any time, as ar.esi.dence eith.~r ~em~o.rari)y or '~ermanently. g o i'..) :.J , ~; (....0 C) .,._ _ :2c~ -r- ..-"'_~ -~ ,(.-..) -;;..- ;r=- .;;P -r-q ?2 ';;J ""';Jt-.:.=1 ';.._~..:t ';) '01 0) l"-;) 8. Any temporary building such as a utility shed, green house,~ 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. .' . 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. --- -- --;: :"- ~ _.- -_.,-- - - - - - - . . 2;. 13. No fence or wall, other than a split-rail fence shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line. Prior . . -2- .0 -#~ --~. .... ~ -- -- ........~:: =-=~...-=-=- '.-.:::'-=' =--- -:-':..-.:::.-=:.: -:- - -:::=---- - - _c:to cons tructi o-n of any fence.. or watl,.. ..ownersha 11 obta i napprova 1 of _-lila_n.s for fence or wan from. the..-Archi-tectura 1-- Contro l-Commi ttee. j!le maximum height of any fence or-wall shall be 8 feet. . .- --~#.,. 14. Any sWinming pool constructed on any lot shall be subject .. to the following restrictions, reservations and co.".~_i_tions: i . i f I i (1) Construction-may-be only~of concrete~or a concrete _:~ type material. ; . - . .: ..''": ::: - =:-::< :: :. . (2) The outside edge of any pool wall may~riot be closer . than 4 feet to the rearward extenslorr:of-the sidelines of said dwelling.. .::_ _ (3).'No pool wall may.be conrtructed.'~-piaced closer than .15 feet to the sides and rear lot'ltne~. (4)~ No pool may be constructed within (re~orded) designated . utility'or drainage"easements. .- (5): No screening of pool may be constructed or placed beyond the rearward extension .of the sidelines of said dwelling and 10 ft...to the rear lot line. 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 -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 othe~Jise appropriately concealed. . . .15. Tree nouses- or platf-onns' of-'a like kina-or nature shall not be constructed on any part of a lot. 16. Once a' lot has been sold by the said Deve10per~tne;same, whether improved or not, shall be maintained in goodcappearance 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 said lot for the purpose of cutting and removing such overgrown weeds and rubbish and the expense thereof shall be chargedto and pai d by the Q\'mer of such lot. " If not pai d by said owner within (thirty) 30 days after being provided with a written notic"e .of such charge, the same shall become a lien UpOll 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 dwell ing. 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 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 fronting said property. 19. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation 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 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 -3- ~ -:~'.. - 0..) f:..'J (".., (;) :.2 -- (:::> -~ .-= --- '"?-J l"V ...... ;:2 c=; >= IT; r- n ::>::> ~ n-, (J <=> .." ;;0 r- '~:J C::J .::_ C%> 0') .--) W ;.'1 is substantially advanced and it is situated on any lot in such a manner that same constitutes a violation or violations of any of the above covenants, said Developer, its successors and/or assigns, shall have the right at any time to release such lot or portions thereof from such part of the provisions of any of said covenants as are violated, provided, however, that said Developer, its successors and/or assigns, shall not release a violation or violations or any 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 thereof from such a violation or violations shall be dependent on a determination by them that such violation or violations are minor. 21. 'Lots 89 thru 100 and 120 thru 127 will have a drainage and utility. easement along the rear and side portion of said lots for the purpose of draln- age and utilities. There shall be no structures of any kind, includin~ f~nces, patios, pools, maintenance sheds or any other structures constructed wlthln this easement. Within this easement, all trees and all natural ground cover shall remain, and only minor hand-clearing will be allowed within this easement. This rear easement shall not be sodded or planted in grass or otherwise maintained as part of the developable yard of the owner of the lot. At least 90% of each 10t1s width within this easement shall remain in its natural state. The City of Winter Springs and utility companies will have the right to enter said easement to maintain the drainage or other utility faci 1 iti es. 22. At any time the then owners of at least fifty-one percent (51%) of the lots may change these covenants in whole or in part by executing a written instrument making said changes and have the same duly recorded in the Public Records of Seminole County, Florida. However, any such amendment shall not apply to any lots owned by Developer unless Developer has joined in said amendment. The above shall not apply however, as same pertains to set-back lines from any front, interior, side, rear, or side street lot line, and the said Developer, specifically reserves unto itself and its successors and/or assigns the authority to change said set-back lines at any time prior to the construction of a residence dwelling, regardless of the number of lots owned by it in said subdivision. -- ~" !-~] 23. 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 ~2 years from the date these covenants are recorded, after which time said ~ covenants shall be automatically extended for successive periods of 10 year~ __ unless an instrument be signed by a majority of the then owners of the lot~ __ has been recorded, agreeing to change said covenants in,whole or in part. . c'-' is _~ C:J ~";~ ~ ~ ~ :r,.. r- 24. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. :=0 ,...., c-;, <:::> OJ f;; '.:_ C/.) -;, -:::--- ;":r: 0) It is expressly understood and agreed that all costs, including reasonable attorney's fees incurred by any moving party in any legal proceedings which result in the successful enforcement of any covenant or restriction contained in this Notice shall be borne in full by the defendant in such proceedings. 25. 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 '22 day of In ~ ' 19~. ~JITNESSES : HINTER ~INGS DEVELOPME~^ CO~. ~IO.~,.. By~~L!.~ .... , , J" "'. .' . ". I o. ,- f' ,.....-1.. .' ..... , ." ( . ..."~:,. .... , , /' (j ? ,. ' ,) ',", Attest: '-- t. .. ()_ -c1".l-, _ /;'. '. ~ : : .:. I~ 7;' .. .. : . ' 0 r. . c- : .-,- . : u -y <..: L.: : :..:)' 0 ~~,.t2::/ :...... .c;,./;..... ...... ~ ..,;~ I,.I.-',"j.f'\ .... '..'J .~ ,....... ......'., 1'1 \ i\' .. "..,' . " , ., . . ~ . ...., \0'" /' -,. --:. _.." /" . // .... /C" ~/ 'L 1~:':~A~L/ . .. STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTI~Y that on this day before me, an officer duly .. authorized in the State and County aforesaid to tak,e acknowl edgments, . personally appeared CHARLES H. TRUE and A. E; BLA11f, we.ll known to .me to be the Vice-President and Secretary re'sp.ecti'Vely of Hi,nte~Splin'gs Development Corporation, and that they severall 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 in the true Corporate seal of the corporation. , WITNESS my hand and official seal in the County and State . aforesaid this d'2--?.,d/day of ~?7Z"(CI , 19,r/ /. t/ - : ' MY commission expires: . -I ~-:.' ,\ .. ~~ ... " ~.-----' '.tf.o, " ~ v"" , , , /)// r ,J ,',' " , ) ,c /l.{ (,t..:::U.- . ,j J ~ ';;'<..2...--""/1 "'l J ' . . . r.,', - '" ., / :, -~".--'-/J , (J -'. 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