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17)
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
FOXMOOR EAST
I~
This Declaration is made this /2 day of
f!jJlflL
,
1987 by Barbara A. Christensen, individually and Newlon &
Company, Inc., a Florida corporation (together hereinafter refer-
red to as "Developer"), which declares that the real property
described in Article II hereof is and shall be held, transferred,
sold, conveyed and occupied subject to the covenants, restr ic-
tions, easements, charges and liens hereinafter set forth.
ARTICLE I
Definitions
The following words when used in this declaration shall have
the following meanings:
(a) "Plat" means and refers to the plat of Foxmoor
East, as recorded in Plat Book (~, Page ~ through j1
Public Records of Seminole County, Florida together with any plat
of additional land made subject to this declaration.
(b) "Owner" means and refers to the record owner,
whether one or more persons or entities of the fee simple title
to any lot situated upon the properties.
(c) "Developer"
and
refers
to
Barbara
means
Christensen, individually and Newlon & Company, Inc., a Florida
corporation, their successors and such of their assigns as to
which the rights of developer are hereunder specifically assigned
by written instrument recorded in the Public Records of Seminole
County, Florida.
(d) "Declaration" means and refers to this Declaration
of Covenants and Restrictions for Foxmoor East as recorded in the
Public Records of Seminole County, Flor ida and as same may be
amended from time to time.
e
e
(e) "Lot" means and refers to any of the following
lots:
lots 1 through 10; and lots 15 through 34 of the Plat, as ---
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defined hereinabove.
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ARTICLE II
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Properties Subject t~ This Declaration
The real property which is, and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is each
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of the Lots, as defined hereinabove.
ARTICLE III
General Restrictive Covenants
Section 1. Applicability. The provisions of this Article
III shall be applicable to each of the Lots.
Section 2. Drainage and Conservation Easements. No struc-
tures, buildings, or improvements other than drainage or utili-
ties shall be allowed within the 100 foot conservation easements
and the swale maintenance easements which encumber any of the
Lots, or on the drainage easements of Tracts "A" and liB". The
conservation easement shall be maintained in a natural state.
Section 3.
Maintenance of Swale Maintenance Easements.
Each Lot Owner upon whose Lot a swale maintenance easement is
platted shall be responsible for the maintenance of, and shall
not obstruct drainage through, that portion of the swale
maintenance easement on his Lot.
Section 4.
Additional Covenants and Restrictions.
As to
Lots 15 through 20 and Lots 29 through 34, where swale
maintenance easements are less than fifty (50) feet in depth, as
measured from the rear of each Lot, or where no easement is
platted, no structures, buildings, or improvements other than
drainage or utilities shall be allowed in that portion of the Lot
located between the rear Lot line and an imaginary line parallel
to and located fifty (50) feet from the rear Lot line.
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ARTICLE IV
Enforcement
If the parties hereto, or any of them, or their heirs or
assigns, violate or attempt to violate any of the covenants
herein, the City of Winter Springs shall have the right to prose-
cute any proceedings at law or in equity against the person or
persons violating or attempting to violate any such covenants
either to prevent him or them from so doing or to recover damages
or other dues for such violation, and the prevailing party shall
be entitled to all costs arising therefrom and reasonable attor-
ney's fees, including appeals of any judgment, should they
occur.
The City of Winter Springs, Florida shall not be obli-
gated or bound by any of the covenants herein or be liable to or
for any person or persons under the covenants herein.
Further,
the Ci ty of Winter Spr ings may, but has no responsibili ty to,
enter any swale drainage easement and any conservation easement
for the purpose of emergency maintenance; the cost of such main-
tenance shall be assessed to the Owner upon whose Lot maintenance
is performed, and in the event that the assessment is not paid
wi thin one year from the date the assessment is levied, the
assessment shall become a lien against the real and personal
property of the Lot Owner.
This Declaration shall become effective upon its recordation
in the Public Records of Seminole County, Florida.
Executed as of the date first above written.
Signed in the presence of:
/..-:,
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DEVELOPER :
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By:
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B~;.J;ar~- A. Christe~sen an
individual
By: NEWLON & COMPANY, INC.
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(,___~es H. Newlon, President
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STATE OF FLORIDA
Sc' {v! /,.,_,1 t-
COUNTY OF eRANGE
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, Barbara A. Christensen, an individual, to me
well known to be the person described in and who executed the
foregoing instrument and she acknowledged before me that she
executed the same for the purposes therein expressed.
WITNESS my hand and official seal
last aforesaid this I~f') day of AMI I
I
in the County and State
, 1987.
I:My ~cornrnission expires:
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'STATE .oF FLORIDl\
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COUNTY OF 9RANG~
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of Florida at Large
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I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, James H. Newlon, as President of NEWLON &
COMPANY, INC., a Florida corporation, to me well known to be the
person described in and who executed the foregoing instrument and
he acknowledged before me that he executed the same for the pur-
poses therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this Iii..', day of Ihln J , 1987.
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expires:
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Florida at Large
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04/13/87
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