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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
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FOXMOOR, UNIT 1
THIS DECLARATION, Made on the date hereinafter set forth by FLORIDA
LAND COMPANY, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the City of
Winter Springs, Seminole County, State of Florida, which is more particularly
described, as follows:
Al I of Foxmoor, Unit I, according to the Plat thereof recorded
in Plat Book 19, Pages 70 and 71, Public Records of Seminole
County, Florida.
NOW THEREFORE, Declarant declares that all of said properties shall be
held, sold and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of protecting the
value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the des-
cribed properties or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of each owner thereof.
ARTICLE I
RESIDENTIAL USE
No building shall be allowed on any of the lots, except one detached
single family dwelling house (with pecessary out-bui ldings), for residential
use by one fami ly only. No temporary dwelling shall be erected on any lot.
Anything herein notwithstanding, any site may be used fof a model home or a
real estate office with customary development signs during the construction
phase of the project.
ARTI CLE II
COMMUNITY APPEARANCE COMMITTEE
Section 1. Establishment of Committee. There is hereby established
a Community Appearance Committee (the I'Committee"), which shall exercise the
powers set forth in this Declaration. The Committee shall be composed of
three persons who shall initially be appointed by the Declarant, and shall
serve at Declarant's pleasure. Concurrence of two members shall be required
for any action by the Committee. From and after January 1, 1981, or such time
as Declarant shall have conveyed all lots within the subdivision, whichever
shall first occur, the members of the Committee shall be elected by the owners
of lots in the subdivision. The three'persons receiving the highest number
of votes cast at a meeting of homeowners cal led for such purpose, shall be
duly elected. The initial Committee shall be composed of the following persons:
R. Phi lip Si lver, John D. Christie and George M. Cox.
Section 2. Review by the Committee. No building, fence, wall, or other
structure shall be commenced, erected or maintained upon the Properties, nor
shall any exterior addition or change or alteration be made unti 1 the plans
and specifications showing the nature, kind, shape, height, materials, and
location of the same shal I have been submitted to and approved in writing as
to harmony of external design and location in relation to surrounding structures
and topography by the Committee.
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In the event that the Committee fails to approve or disapprove any plans
and specifications as herein provided within 30 days after submission thereof,
the same shall be deemed to have been approved, as submitted, and no further
action shall be required.
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ARTICLE I I I
GENERAL RESTRICTIONS
Section I. Setback. No bui lding nor any part thereof shall be erected
on any lot closer than 25 feet to the front lot line, or closer than 25 feet to
the rear lot line. Distance from building to side lot lines shall conform to
city ordinances in at the time bui lding permit is issued, but shall
not er tha 5 fee-. Where two or more lots, or one lot and a portion
o an adjoining ot, are used as a single bui lding site, the side lot lines
shall refer only to the lines bordering on adjoining property. On corner lots,
the front line setback of 25 feet or more must be maintained, but a l5-foot
sideline setback will be permitted on the street sideline, provided the corner
lot faces the same way as all other lots in the block.
If the bui lding faces the long dimension of the lot, or where corner lots
face a different thoroughfare than other lots in the block, the 25-foot or
greater setback must be maintained from both thoroughfares.
Section 2. Uti I ity Easements. There is hereby reserved for the purpose
of install ing and maintaining municipal and public utility facilities and for
other purposes incidental to the development of the property, those easements
shown on the plat and designated "Util ity Easement". No bui lding or structure
shall be erected on any easement.
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Section 3. Lot Area and Width.
on any lot having a width of less than
line nor shall any dwelling be erected
of less than 6,600 square feet.
No dwelling shall be erected or placed
60 feet at the minimum building setback
or placed on any lot having an area
Section 4. Nuisances. Nothing shall be done on any lot which may be or
become an annoyance or nuisance to the neighborhood. No horses, cattle, swine,
goats, poultry or fowl shall be kept on any lot. No signs of any character shall
be displayed, except that the owner may display on his premises a "For Sale"
or "For Rent" sign, referring only to the premises on which displayed, provided
the signs are no larger than 6 square feet and of professional qual ity. No weeds,
underbrush or other unsightly growth shall be permitted to grow or remain upon
any lot, and no refuse pile or unsightly objects shall be placed or suffered to
remain anywhere thereon; and in the event that the party to whom the property
has been conveyed by the Declarant shall fail or refuse to keep the property free
of weeds, underbrush, refuse, or other unsightly objects or growth, the Declarant
or Committee may enter upon the said lands and remove the same at the expense of
the owner, and such entry shall not be deemed a trespass.
See t i on 5.
shall be permitted
constructed on any
thereof shall have
Wal Is and Hedges. No boundary wall, hedge or shrubbery
with a height of more than 6 feet, and no wall shall be
lot unti I the height, design and approximate location
been approved in writing by the Committee.
Section 6. Sidewalks.
lots and on the side (in case
than 4 feet wide and 4 inches
accepted standards, and shall
Sidewalks shall be constructed in front of all
of corner lots). Sidewalks shall be no less
thick and constructed accordihg to generally
be constructed of concrete.
Section 7. Connection to Sewerage System. \-Ihenever a sewer system
is constructed and collection 1 ines avai lable, it is mandatory that each
property owner connect to such system and pay such rates for service as may
be specified in the applicable franchise, trust deed, or other instrument.
No property owner shall have any right, title or interest in or to the
sewerage system, water system, or any appurtenances thereto, constructed to
serve said property, and same shall remain the property of Declarant or its
successor unti I completed, at which time it may be transferred as a capital
contribution in aid of construction to the company furnishing said services
to the subdivision.
Section 8. Si~e of Buildln~s. No building ~hall be erected on any
r@ildentlil lot (except ngGes~ary outbui ldings ~pprQved by the Committee)
whIch does not comprise et lesst 950 square feet of floor sp~ee. The method
of determining the area of proposed bui ldings shall be to multiply the
outside horizontal dimensions of the bui lding at each floor level. Garages,
carports, porches, patios and terraces shall not be taken into account in
such calculations.
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COMPLETION OF DEVELOPMENT
Declarant reserves to itself, its' agents, employees, successors, 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 vlater lines.
ARTI CLE V
GENERAL PROV I S IONS
Section I. Enforcement. The Committee, or any Owner, shall have the
right to enfor6e, by any proceeding at law or in equity, all restrictions,
conditions, covenants, and reservations nOvl or hereafter imposed by the
provisions of this Declaration. Fai lure by the Committee or by any Owner
to enforce any covenant or restriction herein contained shal 1 in no event
be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of anyone of these covenants or
restrictions by judgment or court ol-der shall in no wise affect any other
provisions, which shal I remain in full force and effect.
Section 3. Duration and Amendment. The covenants and restrictions
of this Declaration shal ] run with and bind the land, for a term of 25 years
from the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten years. This Declaration
may be amended during the first 25 year period by an instrument signed by not
less than 75% of the Lot Owners, and thereafter by an instrument signed by
not less than a majori ty of the Lot Owners. Any amendment must be recorded in
the Publ Ie Records of Seminole County, Florida.
IN WITNESS ~/HEREOF, the undersigned, being the Declarant herein, has here-
unto set its hand and seal this 11th day of .5,-;:?fc.rnb-:.r ,1975.
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FLORIDA LAND COMPANY
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'-R. Phi] ipS i r.ver
President
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Signed, sealed and delivered
in the presence of:
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Attest: ~/Q '(S'EAL'}:,
Daniel O. \./hi te
Assistant Secretary
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STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE 11E, personally appeared R. Phi 1 ip Si lver, and Daniel O. ~/hi te,
to me well known and known to me to be the President and Assistant Secretary
respectively of FLORIDA LAND COMPANY and who executed the foregoing instrument
and acknowledged before me that they executed the same on behalf of the
corporation for the purposes therein expressed.
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\./ITNESS my hand and official seal this II <'" day of.....J?/;(l!.-li(. f...l"Y197. 5.
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Notary Public
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My commission expires:
Nolary Public. Stcte of Florid;) ~t larr;e
)/lY Commission ExpilQS July 17, !~lC
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RESTRICT::::~::: 7PLIk T 7J(fl- fr
A resubdivision of a part of Dr. Mitchell's sur-
vey of the Moses E. Levy Grant, according to Public
Records of Seminole County, Florida
TO \-TROM IT NAY CONCElli'!':
FLORIDA LAND COMPANY~ a Florida Corporation~ being the owner of the
following described property, to-wit:
Foxmoor, Unit l,;as reco'rded in Plat' Book Page of
the Public Records of Seminole County, Florida.
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said lands situate~ lying and being in SEMINOLE COUNTY~ FLORIDA~ ~ .
DO HEREBY ESTABLISH AND PLACE OF RECORD ON THE ABOVE DESCRIBED PROPERTY
THE FOLLOWING RESTRICTIVE COVENANTS:
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Any coveyance of said property is made subject to the following
restrictions~ covenants~ and servitudes:
(A) SINGLE FAMILY RESIDENCE. No building shall be allowed on any of
the lots~ except one detached single family dwelling house (with neces-
sary' out-buildings)~ for residential use by one family only. No
temporary dlyellin~ shall be .affe<:ted on any lot. All else herein not-
withstanding, any site maybe used for a model home or a real estate
office with customary development signs during the construction phase
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of the project.
GENERAL RESTRICTIONS
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SETBACK LINES:
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1. No building nor a~y part thereof shall be erected on any lot closer
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than 25 feet to the front line, or closer than 25 feet to the rear lot
line. Distance from building to side lot lines shall c~nfo~' to city
ordinance in effect at the ttme building permit is issu~d but shall not
be closer than 5 feet. t-lhere t-wo or more lots, or one lot and-a portion
of an adjoining lot is used as a single building site, the side lot lines
shall refer only to the lines bordering on the adjoining property miner.
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CORNER LOTS - On corner lots, the front line' setback of 25 feet or
more must be maintained, but a IS-foot sideline setback will be permitted
on the street sideline, provided the corner lot faces the same way as all
other lots in the block.
If the building faces the long dimension of the lot, or where corner
lots face a different thoroughfare than other lots in the block, the
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25...foot or greater setback must bi! maintained from both thoroughfares.
2. UTILITY EASEMENTS: There is hereby reserved for the purpose of in-
stallinS,alld maintaining municipal and public utility facilities and for
such other pu~p~ses incident to the development of the property~ those
easements shown upon the plat hereof, each being disignated: "Utility
Easementa," a~q there is also hereby reserved easements and rights of
way, for construct~nganchor guys for electric and telephone-poles, strips of
land two an4 one-half feet in width on each side of each side boundary and
extending a distance of twenty feet in depth, as approved by the Developer.
No building or structure of any nature shall be erected on any easement.
3. LOT AREA AND WIDTH: No dwelling shall be erected or placed on any
lot having a width of less than 60 feet at the minimum building setback
line nor shall any dwelling be erected or placed on any lot having an
area of .less than 6,600 square feet.
4. ~ISANCES: Nothing shall be done on any l~t which may be or become an
annoyance or nuisance to the neighborhood. No horses, cattle, swine, goats,
poultry or fowl shall be kept on any lot. No signs of any.character shall
be displayed, except that the owner may display on his premises a "For' Sale"
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or,"For Rent" sign, referring only to the premises on which displayed, pro-
vided the signs are no large~ than 6 square feet and of professional quality.
No weeds, underbrush or other unsightly growths shall be permitted to grow
or remain upon the premises hereby referred to and no refuse pile or un-
sightly objects shall be placed or suffered to remain anywhere thereon; and
in the event that the party to whom the property has been conveyed by the
Subdivider shall fail or refuse to keep t~e demised property free of weeds,
underbrush or refuse piles or other unsightly objects or growths, the
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ting the
,sewer or water lines.
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filling grading or installation 0
9. SIZE OF BUILDINGS:
erected on any residential
lot (except
approved by the Committee) which does not
comprise
of floor space. The method of determina-
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 iri such calculations.
10. C~MMITTEE: The Committee herein provided for shall be in the first
instance, composed of J. Nolan Reed~ Bill Moore and John Hall and any two
of such three shall have the right to appoint a successor for anyone of such
three who shall resign as such committe~man, die or otherwise become unable to
act as suell; 'After 1980, .orafter the Subdivider shall have sold all of the
lots in the subdivision (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 owners 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 any judicial proceedings, the Subdivider
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 shall 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 shall 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 enforce-
ment. The invalidation of anyone or more of the restrictions by any court
in no wise shall affect any of the other restrictions, but they shall remain
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in full force and effect.
12. EXISTENCE 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-five years from the date these covenants
are recorded, after such tLme said covenants shall be automatically ex-
tended for successive periods of ten 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 WHERE9F, FLORIDA LAND COMPANY, a Florida Corporation, has
caused these presents to be executed by its proper officers, who are
thereunto. duly authorized and its corporate seal affixed, at North Orlando,
Seminole County, Florida, this day of , 19
Witness: FLORIDA LAND COMPANY
By:
Attest:
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STATE OF FLORIDA:
COUNTY OF SEMINOLE:
I HEREBY CERTIFY, That on the
before me personally appeared
and
day of
. 19
,
, respectively,
President and Secretary of FLORIDA LAND COMPANY. a corporation
under the laws of the State of Florida, to me known to be the individuals
and officers described in and who executed the foregoing instrument and
severally acknowledged the execution of the foregoing instrument and severally
acknowledged the execution thereof to be their free act and deed as such
officers hereunto duly authorized; and that the official seal of said cor-
. poration is duly affixed thereto, and the said instrument is the act and
deed of said corporation.
WITNESS my signature and official seal at North Orlando, Florida.. in
the County of Seminole and State of Florida the day and year last
aforesaid.
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