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HomeMy WebLinkAboutGreenbriar Unit 2 9 1.4 026 .' . ---- B (: 01 P ,A, G E OFflCi~t ECORO BOOKS SEMINOLE CO,JNTY. FLA. NOTICE OF RESTRICTIONS ON REAL ESTATE ~~ CD KNOW ALL MEN BY THESE PRESENTS: .... \D -n ::s:: :Ill fi" tnn '~cQ !r::Ts ~f. t ie f';;,.., 'f ~ E 1'-s~.~ ~g l'~ ~~Yi' ~ . ;!J ;; ,;:) w CO N en 0') . - ..a:::.. ... .. A .. -...a ,....., WHEREAS, Winter Springs Development Corporation, a Florida corporation, as nominee for Winter Springs Venture, a joint venture, hereinafter called Developer, is the ~~er of land in the County of Seminole, .State of Florida, more particularly described as follows: All of the lots in Winter Springs, Unit 2,~ccording to the plat thereof as recorded in Plat Book 16, Pages 82 and 83, of the Public Records of Seminole County, Florida. and WHEREAS, Developer desires that all of the above described 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 any interest in or lien upon said property or any part thereof, I I ~ [ . i i NOW, THEREFORE, in consideration of the premises, Developer does hereby declare said real property to be subject to the following restrictions, reserva- tions and conditions, binding upon said Developer and upon each and every person, both real and corporate, who or which shall acquire hereafter said real property or any part thereof, and their respective heirs, personal representative~ 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 and a private garage for at least two and not more than four cars. 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 loca- tion 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 William J. Goodman, Norman A. Rossman, Gloria Goodman and Marilyn Rossman, all of 1301 West Colonial Drive, Orlando, Florida. A majority of the committee may designate a represcnta- I tive 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 . 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 maj ority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the con~ittee 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 committee, or its designated representa- tive, 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 enjoin the construction has been commenced prior to completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. "'tl ~I l/ ~: :~ c.::: c J1 ~i ~I ~: ~; 5. Excel". for residences constructed on corner lots, the rear and both sides of all other residences may have exterior construction of concrete block. On corner lots, all residences, inClUding detached structures, may use standard concrete block only on the rear and the side of the structure not facing a stred: . The exterior construction on the front of all residences and on the side of residences located on corner lots that do face the street, shall either be small concrete block, brick, stucco or frame, or combination thereof, except that a large concrete block may be used if the same is of a type designed to simulate wood Siding. T~r~d floor area, exclusive of open porches and garages, shall /fl j, ~@ 4l~ - 1 - 9 I 4 027 ~ .BOOK rAGE OFFICIAL RECORD BOOKS (SEMINOLE COUNTY. FLA. 5. cont.) be not less than 1500 square feet of living area for a one- story dwelling, nor' less than 800 s~uare feet of livihg are~ on the ground level. for a two or two and one-half story dwelling, provided said dwelling has a minimum of 1500 square feet of living area over all. 6. No dwelling shall be constructed on a plot havin~ an area of less than 20,000 square feet, and such plot shall be not less than 100 feet in width at the front buildin~ set-back line. No dwelling shall be ereeted nearer thanJi feet to the front lot line nor farther than ~ feet from the front lot line. No dwelling shall be erected nearer than ~feet to any interior lot line, except if an attached garage is not made a part of the dwelling, one side yard shall not be less than 20 feet to permit access to a detached garage. On corner lots no dwelling shall be erected nearer than 35 feet to a lot line facing a street. 1. No structure of a temporary 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. 8. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 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 pro- vided that they are not kept, bred or maintained for any commercial purpose. 10. No sign of any kind shall be displayed to. the public view on any lot ex- . cept one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 11. No lot shall be used. or'maintained as a dumping ground for rubbish, trash or other waste. All trash, garbage and other waste shall be kept 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 dwellings out of sight from the street. There shall be no burning of trash or any other waste materials. i2. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or per- mitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot-~dthin 10 feet from the intersection of a street property line with the edge of:a driveway or alley pavement. No tree shall be permitted to remain within such distances of such inters~ctions unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 13. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set-back line. Prior to construction of . any fence or wall owner shall obtain approval of plans for fence or wall from Architectural Committee. 14. All basketball backboards and any other fixed game and play structures shall be located at the rear of the dwelling, or on the inside portion of corner lots within the set-back lines. Tree house or platforms of a like kind or nature shall not be constructed on any part of a lot located in front of the rear line of a residence constructed thereon. l5A. Any swimming pool constructed on any lot shall be subject to the following restrictions, reservations and conditions: (1) Construction may be only of concrete or a concrete-tvoe material. (2) The outside edge of any pool wall may not be closer than four (4) feet to a line extended and aligned with the side walls of the house. (3) No screening of pool area may extend beyond a line extended and aligned with the side walls of the house. /:-?\ ~ - 2- 9 I 4 Ol~ BOO~ PAGE OFFICIAL RECORD BOOKS SEMIHOlE COUNTY. FLA. 15B.No air conditioning units, either central'or wall units, shall be placed on the front of any dwelling or otherwise placed or located so as to be visible to or from any public street. If said unit is placed to the side or rear of any such dwelling,but is still visible to or from any public street, it shall be permissible to so locate said unit if the same is screened or other- wise appropriately concealed. 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 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 charged to and paid by the owner of such lot. If not paid by said owner within thirty (30) days after being pro- vided with a written notice of such charge, the same shall become a lien upon 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 en- compassed by a rearward extension of the sidelines of said dwelling. 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 only in rear of house and shall be adequately screened from view. 19. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear 7 feet of each lot. 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 llrea 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 is sub- stantially advanced and it is situated on any lot in such a manner that sme constitutes a violation or violations of any of the above convenants, 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 convenants as are violated, provided, however, that said Developer, its successors and/or assigns, shall not release a violation or violations of any of said covenants except as to violations they, in their sole discretion, determine to be minor, and the power to release any such lot or portions thereof from such a violation or violations shall be dependent on a determination by them that such violation or violations are minor. 21. At any time the then owners of at least fifty-one (51%) percent of the lots may change these covenants in whole or in part by executing 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. 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, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrumert: be signed by a majority of the then owners of the lots has been recorded, agree- ing to change said covenants in whole or in part. - 3 - 9 I 4 t)29 ., BOOI\ P^OE OFFICIAl. RECORD ~ul)KS 'SEMIf,lOlf COUHl'Y.n... 23. 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. It is expressly understood and agreed that all costs, including reasonable attorney's fees, incurred by any moving party in'any legal proceed- ings 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 proceed- ings . 24. Invalidation of anyone of these covenants by judgment or court order shall in no way affect 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 7th day of Peb ruary , 1972. IlIT~SSES: /2JL 1J7~ /V' t~~.~~ ~,,,\ I^(' By: CORPORATION ..,.................,.... VENTURE..'<, '...oJo'!:. ~ti'" I ...... :......-..., > ." . ...../~ ..-:...... : "'.... "'~...:J ','-: " c;-.' 0-'<(- ..,., c,'. ~ - ~ .-.1 ~ (l -.....;.. . f '-' :. ...,. . .. . en . .- ~, ,f' ..... .... . . ,'," ".. '?!I ....... t" .... "'1 t'lV,fn },,",,,' ,0' """f,.." .t.\' ,t' ,..,- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY THAT on this day, before me, an officer duly authorized in the STATE and COlnITY aforesaid to take acknOWledgements, personally appeared William J. Goodman and N, A. Rossman, well known to me to be the President and Secretary respectively of Winter Springs Development Corporation, and that they severally acknowledged executing the aforesaid instrument in the pr~s~nc.1~9f,~"\1 . subscribing witnesses, freely and voluntarily, under authority duly ~1;.tM.J'.!l'> "- them by said corporation and that the seal affixed thereto is th~.~~.CQrPoi~r~ seal of said Corporation. i -=t7 ... Of 1.11} ... <.l ,CI. q . WITNESS my hand and official seal in the County and State a~o~$aid tais :w. ~ ". . _1--'.. 7th day of February, 1972. ~ :.. ~ -("", :..... : ~_. 'Tt'J.ON .,...- ~'" ...v;. ..... .... l.-:> .f. I _,.. . .. _ I \J I ...... ,,\. _ . f. ...' \ '\ \ _- IJzti~~ ~ Commission Expires: cf-3/-7S- Notary Public I