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HomeMy WebLinkAboutConstruction Enterprises of Florida -1980 06 18 .r C1onstruction . . . E1nterprises Fllorid~ CITY COUNCIL (305) 339-3570 P,O, BOX 1478 · LONGWOOD, FLORIDA 32750 June 18, 1980 Mr. Richard Rozansky, City Manager City of Winter Springs 400 North Edgemon Ave., Winter Springs, Florida 32707 Re: .Termination of restrictions, North Orlando Subdivision Dear Mr. Rozansky: The City of Winter Springs has title to thirty one and one half lots in North Orlando. (See copy of plat.) City owned property is lots 1 thru 18, Block 15 and lots 1 thru 7, 10, 11, 17 thru 20 and half of lot 16, Block 16. There are restrictions on all of the lots on the enclosed plat that were imposed by the developers back in 1958. There was a committee set up to control activity in the subdivision. Currently and for some time passed, the committee does not exist and all responsibilities have been assumed by the City of Winter Springs. I have enclosed a copy of the restrictions for your review. Also enclosed is an indenture which, when signed by a majority of the current owners, will terminate the restrictions. We have already acquired twenty four signatures from current owner/ residents in the subdivision and the signatures by the City and some commercial lot owners will be more than the majority need- ed to terminate these "old" restrictions. My reason for going through the formality of removing these restrictive covenants is because they conflict with our plans for multifamily construction on lots 1 thru 5, 'Block 18. These lots on Fairfax Avenue were rezoned a few months ago. Please list the city owned lots and have the authorized repre- sentative sign with two witnesses and a notary. Thank you in advance for your cooperation and if there are any questions, please do not hesitate to call. Yours very truly, ~~,d.Ak?,?~vuJ. Robert B. Schumaker, President , t ' 1: 'h" J ... .~~....,,/ -t .. · i i: ~ . Q () . ...., ......- '.. ."'I~ ., l )' " ,., ... .$~AL. IAJ ,.. r =_1""" ~ - - - - ,~:....~ . ~~ - N\.,.., .~~~ ~Ifi;(j) ~/M)~ ' ,\ \ ,.nQl#Itlf!'JJllJ ~~~ 0.- THe'L~W ORANT A '-RC~IJ"&JltlI510N O~A MilT 0 ,...,' , 'NrY. ,FLORIDA · \1.85 · S eM I NOLE ""Ol/. I.;'~ 61NNlr'OR . ,7. LAUDll/lfDAL-. f:LA. , OIN/!./!.A AND , ' '. 0 BIl~NOLA ,CIVIL eN, . . JOUN . __, 0' '. ! l . '. tll" '.'" , ':>> 'S. ' " ,', .. ..... '..\ J .7' -. /. .. . .~ :;;, ,.., 1Io,4'lJ ,rs . ',sN..r I 0' I $NI . ~ . ,- .' .' ' \. -.l.---~"~ -- ""'''''. NORTH ORLANDO, according to. plat recorded in Plat Book 12, page_l0 J - \. .. , ~ CITY COUNCIL , i. Official Records Book 179 page 470 cont. ,-3 5. 'o1ALLS: No boundary wall, hedge or shrubbery shall be permitted with a height of more th&n 5 feet and no wall shall be constructed on any lot until the height, design and approximate location thereof shall have been approved in writing by theCornrnittee. 6 .'BUILDING' PLANS-APPROVAL: . The o~er or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building, \'Jall, or other structure or improvement shall be placed upon such lot unless and until the plans and specifications therefor and plot plan have bean approved in writing by the Comm1ttee. Each such building, wall or other structure or improvement shall be placed Qn the premises only in accordance with the plans and specifications and plot plan so approved. Refusal of approval of plans and specifications by such Committee may be based on any ground, which, in the sole and uncontrolled discretion of the Committee shall ~eem sufficient. 1. SIDEWALKS: No sidewalk shall be constructed in front of any lot or on the side, (in case of corner lots), except pursuant to a plan as to loc~tion and specifications approved in writing by the engineer of the Subdivider. 8. Whenever a sewer system is constructed and Qollection lines available, it is mandatory that each property O\iner connect to such system and pay such rates for service as may be specified. in the ' applicable franchise, trust deed or other instrument. BUt it is agreed that the property o~mer shall have no right, t~tle or interest in or to the sewerage system or water system, or any "appurtenances thereto, constructed to serve said property,. and same shall remain the property of the Company until completed at which time the Company is transferring the same as a capital contribution in aid of construction, to an appro- priate utility company furnishing said services in consideration of said Company furnishing said services to the subdivision. The North Orlando Company reserves to ttself, its agents, employees or any contractor or subcontractor, the right to enter upon the land . covered by these restrictions, for the purpose of carrying out and completing the development of the property, including but not limited to, completing any filling, grading or installation of drainage,sewer or ''later lines. . 9. SIZE OR BUILDINGS: No building shall be erected on any residential~ lot (except necessary outbuildings approved by the Committee) which does not comprise at least 900 square feet of floor space. The method of determinng the square foot area of proposed buildings shall be to multiply the outside horizontal dimensions of the building at each floor level. Garages, carports, screened porches, patios and terraces shall not be taken into account in such calculations. 10. CO~1ITTEE: The Committee herein provided for shall be in the first instance, composed of E. RaYmond Mossj Varley P. Young and William E. Hayes, and any two of such three shall have the right to appoint a successor for anyone of such three who shall reSign as such committee- man, die or otherwise become unable to act as such. Successor Committee members shall be appointed by the Subdivider. After November 1, 1968, or after the Subdivider shall have sold all of the "lots in the subdivision .I '. .. . .... CITY COUNCIL ., Official Records Book 179 page 470 cont. ,-4 (whichever first occurs) then.and in such event all privileges, powers, rights and authority shall be exercised by and be vested in a committee to be selected by the o\~ers of a majority of the lots in the subdivision. 11. REMEDIES FOR VIOLATION - INVALIDATIONS: For a violation or breach of any.of these restrictions by any~person claiming by, through or under the Subdivider, 'or. by virtue of anyijudicial proceedings, the Subdivide~ and the lot owners, or any of them severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them, or to recover damages, and 'the cost of such litigation.shal1 be borne by . the. losing party, if, by virtue of judicial proceedings such violation or breach shall be deemed ,to have existed. In addition to the foregoing right the .Subdivider shall have the right, whenever there shail have been built on any lot any structure, which is in violation of these restrictions, to enter upon the property where such violation of the restriction exists and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed a trespass. The failure to promptly enforce any of the restrictions shall not bar their enforcement. The invalidation of any one or more of the restrictions by any court in no wise shall effect any of the other restrictions,but they shall remain in-full force and effect. 12. EXISTANCE AND DURATION OF RESTRICTIONS: 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 twenty rive 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 signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. IN WITNESS WHEREOF, THE NORTH ORLANDO COMPANY, a Florida corporation, has caused these presents to be execute~ by it's proper officers, who are thereunto duly authorized, and it's corporate seal affixed, at Miami, Dade County, Florida, this 1st day of August, 1958. l:1itnesses: Howard E. Jantheimer Marion Mestne THE NORTH ORLANDO COMPANY, By: E. Raymond Moss, President Attest: William E. Hayes, Secretary ~ (Corporate Seal') State of Florida County of Dade ss Acknowledged on this 1st day of August~ A. D. 1958, by E~ Raymond Moss and William E. Hayes, respectively Presid~nt and Secretary of THE NORTH ORLANDO COMPANY, a corporation ... at Miami, in the County of Dade and State of Florida the day and year last aforesaid. Varley P. Young, Notary Public State of Florida at large Com. Exp. Sept. 2, 1961 (Notary Seal) (324199) . , 4 '. ;. '. ~ i. I I I ! ii iI i ! i I I jj s = ~ j ! ~ ! ";: ~ ~ ~r , i: ~ ~ ~. ,;- LAW OFFices JONES, MORRISON Be STALNAKER, P. A. .00 MA.nAND AVENUE ALTAMONTE SPRINGS, FLORIDA 32101 13051 834-8886 CITY LOU'~LJL I TER}lINATION OF RESTRICTIONS 1980, by a THIS INDENTURE, 'made the < . ,. majority of thb present I day of , owners of the lots of NORTH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of I the Levy Grant, according/to plat of NORTH ORLANDO, recorded in Plat Book 12, pages 10 and 11,' Public Records of Seminole County', Florida, whose ,individual names and signatures appear and are affixed hereinafter, who are collectively and individually here- inafter referred to as "Owners," to all of the present owners, their predeceasers in title, successors in title, their heirs, and ass~gns forever: WITNESSETH: 1. That the NORTH ORLANDO COMPANY, a Florida corpora- tion, as the owner of the following described property, did cause to be recorded on August 5, 1958, certain restrictive covenants applicable to NORTH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of the Levy Grant, according to plat of NORTH O~~DO, recorded in Plat Book 12, pages 10 and 11, Public Records of Seminole County, Florida, in Official Records Book 179, at page 470, Public Records of Seminole County, Florida, said restrictive covenants being thereafter amended by that certain instrument recorded February 5, 1959, in Official Records Book 210, page 198, Public Records of Seminole County, Florida, said restrictive covenants and amendment thereto being hereinafter referred to as "restrictions." 2. That said restrictions contain therein a provision to change said restrictions in whole or in part upon the record- ing of an instrument reciting such changes which is signed by a majority of the owners of the lots of said subdivision. WHEREFORE, for and in consideration of the mutual cove- nants and conditions contained herein, the parties hereto individually, mutually, collectively, and completely agree as follows: ,"', ',C,c~ " t LAW OFFICES JONES, MORRISON & STALNAKER, P. A. 400 MAITLAND AVENUE AlTAMONTE SPRINGS. FLORIDA 32701 13051 834-8866 C'TY COUNCIL. 3. That by our signatures hereon after having person- ally appeared before a Notary Public authorized to take oaths and being duly sworn, on oath, say: . A. We are the OWNERS in fee simple of that certain I property described as NORrH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of the Levy Grant, according to the plat i thereof as recorded in Plat Book 12, pages 10 and 11, Public Records of Seminole County, Florida, the respective lot and block of said subdivision appearing above our signatures as hereinafter set out. B.. That by our signatures hereon, we individually and collectively agree to terminate, in toto, those certain restrictive covenants applicable to NORTH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 12, pages 10 and 11, Public Records of Seminole County, Florida, said restrictive covenants having been recorded Aug~st 5, 1958, in Official Records Book 179., page 470, and an amendment to restrictions thereto by instrument recorded February 5, 1959, in Official Records Book 210, page 198, all of the Public Records of Seminole County, Florida. C. It is our individual and collective intent by our signatures hereon to terminate and forever discontinue, , nullify or otherwise cause to have no further force and effect .. said restrictive covenants, said termination to become effective upon the filing of this document in the Official Records Book of Seminole County, Florida. D. That by our signatures hereon, we further state that we are the majority of the OWNERS .of all lots encompassed in said subdivision as of the date of execution of this instru- :rren t . IN WITNESS \mEREOF we have hereunto set out hands and seals on the day 'and year first above written. Witnesses: mVNERS Lot Block 'r. . rl ,; r LAW OFFICES JONES, MORRISON & STALNAKER, p, A. 400 MAITLAI;O AVEI;UE AL T AMOIolTE SPRINGS, FLORIDA 32701 (305) 834-88611 Wi tne sses: Lot CITY COUNCIL. OWNERS Block Lot Block Lot Block Lot Block Lot Block Lot .. Block Lot Block Lot Block Lot Block :-..... 7'l-~~__. r, .... "to LAW OFFICES JONES, MORRISON & STALNAKER, P. A. 400 MAITLAND AVENUE ALTAMONTE SPRINGS. FLORIDA 32701 13051 834.8866 STATE OF FLORIDA COUNTY OF SEMINOLE CITY COUNCIL I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath , to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and' State last aforesaid this , 1980. Notary Public STATE OF FLORIDA. COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 1980. Notary Public STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this , 1980. Notary Public STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that executed the same. 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