The URL can be used to link to this page

Home My WebLink AboutDECLARATION OF RESTRICTIONS - Recorded{ _ OFFICIAL RECORD 41.434 GENERAL DEVELOPMENT CORP.,* F A Florida Corporation, - # DECLARA.TICN OF RFSTRICTICNS TO WHaA'IT MAY CONCERN: WHEREAS, GENERAL DI:VELOPNENT CORP., a Florida corpor:ation is' jr t + the owner -of the following described property, situate,.lyiag_nd- ' being in Indian River County, Florida; to -wit: SEBASTIAN HIGHit,NDS, UNIT ONE, a subdivision ":in Indian River County, Florida, according -to the plat thereof, recorded in Plat Book #5 at Pages 14 and 15 of -the Public Records of Indian River County, Florida; and, j WHEREAS, the property above described is not subject, to any restrictions and limitations of record; and WHEREAS, it is now desired by General Development Corp., to ' place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGIN-Ah'DS, UNIT ONE, is intended; i NODI, THEREFORE, GENERAL DFVLLOP,%TrNT CORP., a Florida corporation, t; does hereby declare that each and every of the lots, located in the following described property, situate, lying and being in -Indian River Count i Y, Florida ,,except : Tracts identified as Tract A, Tract B,. Tract C, Tract D, Tract E, Tract F,. Tract G, Tract H and Tract I to which these restrictions do not apply. SEBAST1Al HIGHLANDS, UNIT ONE, a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book #5, at Pages 111 and 15, of the Public Records of Indian River County, Florida; are hereby restricted as follov;s, and all of which restrictions and limitations are Intended to be and shall be taken as a consideration. for any agreement for deed or any deed of conveyance hereafter made, - and one of the express conditions thereof, and that said restrictions and lir.;itations are Intended to be, and shall be taken as covenants. to run v:ith the l&.rd, and shall be as follows; to wit: ll. No noxious or offensive trade shall be carried on any lot, nor shall anything be done thereon which may be or become an Pnnoyance or nuisance to the neighborhood. 5. No house trailer. basement, tent, shack, garage, barn or other outbuilding erected on any lot shall at any time be used as it re5,idcnca, temporarily or permanently, nor shall any residence of a t-,,n-porary character ha,peri-iitt.-d. Boat trailers, and FrGi4 S OFFICIAL RECORD 1. Each and every of the lots, situated in said SEBASTIAN E HIGHLATS, UNIT 1, shall be known aad described as residence k tt lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling not to exceed two stories in height, and a one or two -car garage. A minimum frontage of eighty (801) fee . t*on building line at street shall be required for each residence build- ing. , 2. No building shall be erected on any.of said lots nearer than f l 25 feet to the front lot lines of said lots. The side lot line and the rear lot line shall not apply to a garage located 50 feet or more from the minimum building setback line, except ; . that on corner lots no structure shall be permitted nearer than ' 25 feet to front lot line of said corner lot, nor nearer than 15 feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered { as a part of a building, provided, however, that this shall not a be construed to permit any portion of a building on a lot to i ' encroach upon another lot. i 3. No residence lot shall be resubdivided into building lots having less than 10,000 Square Feet, nor having a width of less than I 80 feet at the minimum building setback line.. No building shall be erected on any residence building lot having an area of less than 600 Square Feet of living area for a one-story building; nor less than 720 Square Feet (living area) for a 1 dwalling of more than 02te story. Porches, garages, carports, patios, etc., shall not be included in living'area. ll. No noxious or offensive trade shall be carried on any lot, nor shall anything be done thereon which may be or become an Pnnoyance or nuisance to the neighborhood. 5. No house trailer. basement, tent, shack, garage, barn or other outbuilding erected on any lot shall at any time be used as it re5,idcnca, temporarily or permanently, nor shall any residence of a t-,,n-porary character ha,peri-iitt.-d. Boat trailers, and OFFICIAL ftEco,4D ;r;fz6 ,1: X37 described.' In any event, either with or without approval of the committee, the ground floor square feet of any building . =on any lots, shall be not less than 600 Square Feet in the case of a one-story structure, nor less than 720 Square' Feet (ground,area), in the case of a If or 2 -story structure. 11. No fence, wall, hedge or shrub planting which obstructs sight -lines at -elevations between two and six feet above the roadways :Shall -be -placed or permitted -to remain -on any cornet' lot within -the triangular area formed by the street property line and a line connecting them at points twenty-five feet from the Intersection of the street lines, or in the case of a rcu nded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten 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 intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 12. The Easements shown on the plat of SIBASTIAN HIGHLANDS, UNIT 1, recorded in Plat Book ;f5, at Pages 14 and 15, of the Public Records of -Indian River County, Florida, are hereby reserved as perpetual easements for utility installations and maintenance. 13. These covenants and restrictions are to run with the land, and shall be binding on all the parties and all pe rsons claiming ander them until September 9, 1982, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants In whole or in part. 14. If thearties here _- - - P to, or any of them or the., r heirs, personal representatives or assigns, shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person or persons owning any of the lots hereinabove j described to prosecute any proceedIng3 at law or in equity against e 1. 1 property first hereinabove described; provided, however, in the event such committee is not in existence, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provid,sd the design and location on the lot conform to And are iit harrony vilth cxistln) c;.ru^tut?a on the lotr. first, � OFFICIAL. RECORD 4'G f Li 'L� rACi 4'G • r f , cargo trailers may be stored .to .the rear of ,lots ani .out of- ? view from street lines. 6. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than five.(5) 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.'' 7. No oil drilling, oil development operations, oil refining,, quarrying or mining operations of any kind shall, be permitted ._ ! upon or. in any lot, nor shall oil wells, tanks, tunnels,;. mineral excavation or.shafts be permitted upon or in.any lot. No derrick or other structure designed for use in boring for oil,or natural_gas shall be erected, maintained or permitted � upon any .lot . 8. No anir:als, 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. 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary. containers. All incinerators -or other; equipment for the storage or disposition of such material ' shall be kept in a clean and sanitary condition. 10. No building shall be erected on any residence lot until the design and location thereof have been approved, in writing, by a corm:ittee eppolnted by G-ENER L DZVELOP%lr'NT Q;RP., e Florida ' corporation, or elected by a majority of the owners of the property first hereinabove described; provided, however, in the event such committee is not in existence, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provid,sd the design and location on the lot conform to And are iit harrony vilth cxistln) c;.ru^tut?a on the lotr. first, • S • � was:aiLc>.YruLL�L.aruiY.L.��..+•L•.:+�aYx1 ..ra��.i�ei1{1iti"C.+s�"a._.Sie.3: ti:�I:i:.u�.:.CYaa. L-!. D �r 26 rACi��a OFFICIAL RECORD ='••' ' A'. -. the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing, or to recover damages or other does for such violations. 1$. Invalidation of any one of these covenants by Judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. ' IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORP., a Florida Corpor- ation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be t' affixed, at Miami, Dade County, Florida, this 9th day of SepQr&'Z-4 . 957• GENERAL 1)EVE LOP?Z;.{T,('DRka By: is YresiQ> .t i ... -; -.. Attest• ts"Secretary f • STATE OF FLORIDA) i SS.: - COUNTY DADS 1 I HERF�Y CERTIFY that on this 9th day of September, A.D. 1957, before me personally appeared E. J. i -TACKLE and R. F. HACKLE, President c and Secretary, respectively, of GENERAL. DEU£LOP;t PIT CORP., a FloriJa '. • corporation, to me knovrn to be the persons described in and who executed the foregoing instrument as such officers; and severally !` • acknowledged the execution -thereof to be their free acts and deeds •• as such officers for the uses and purposes therein mertioned, and that 4 " they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNZSS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid"-� Votary i UDI c, cc e o1' r�or3`dc at �� j MY com.nisslon expires: ti 77 i. l � MATE OF FLORIDA W- IAN RIVER COUNiY t hereby certify that the foregoing a ire and correct copes of the in this office. i.:!- 1lLnd and seai' of .office thrs l0� ....day of......195 �f GENERAL DEVELOP aS' CORP.,* A Florida Corporation TO WHOM IT MAY CONCERN: # opt=tc�A� coRD :3 3 ,-c'309 DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORP., a Florida corporation is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: k SEBASTIAN HIGHLANDS, UNIT TWO, PAGES ONE, TWO AND FOUR, a subdivision in Indian River County, Florida, according to Plat Book rr5 at pages 34, 35 and 37 of the Public Records of Indian River County, Florida; and, WHEREAS, the property above described is not subject to any restrictions and limitations of record; and WHEREAS, it is now desired by General Development Corp., to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLANDS,.UNIT TWO, PAGES ONE, TWO AND FOUR, is intended; NOW, THEREFORE, GENERAL, DEVELOPrMNT CORP., a Florida corporation, does hereby declare that each and every of the lots, located in the following described property, situate, lying and being in Indian River County, Florida, except: p Tracts K, L, M, and P to which these restrictions do not apply. SEBASTIAN HIGHLANDS, UNIT TWO,, PAGES ONE, TWO AND FOU:J, A S.UBDIVISIO,1 IN Indian River County, Florida, according to Plat Book. "5 at pages 34, 35 and 37 of the Public Records of Indian River County, Florida; \ are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof, -and that said restrictions and limitations are intended to be, and shall be taken as covenants to run with the land, and shall be as follows; to wit: 1. Each and every of the lots, situated in said SEBASTIAN HIGHLANnS, UNIT TWO, PAGES Ola:, T1 %'O AND FOUR, shall be - 1 - ^e�q- -310 known and described as residence lots, and no structure shall be constructed or erected on an y. r esidence building . lot other than one detached single"family dwelling not to exceed two stories in height,and a one or two -car garage. A minimum frontage of - .eighty (80,) feet on building line at street -shall -be required for each residence building. 2. No building shall be erected on any of said lots nearer. .than 25 feet to the front lines of said lots. The side y lot ^line an! the rear lot line shall not apply to a garage L� located 50 feet or more from the minimum building setback line,"except that on corner lots no structure shall be Permitted nearer than 25 feet to front-line of said _. corner lot, nor nearer than 15 feet to the side street line._ For the purpose of -this covenant,' eaves, steps and open.porches shall not be considered as; a part of a -_ building, provide(3., however, that this shall not be construed_to permit any portion of a building on a lot to encroach upon another lot. 3. No residence lot shall be resubdivided into building lots having less than 10,000 square feet,•nor he.ving a width Of less than 80 feet at the minimum building setback line. No building shall be erected on any residence building lot having an area of less than 600 square feet of living area for a one-story building; nor, less than 720 square feet (living area) for a dwelling of more than one story. Porches, garages, carports, patios, etc., shall not be -included in living area. 3A. Waterfront lots on Collier -Creek and Lake Hardee in Blocks 68, 72, 73, 96 and 104 shall require a minimum residence building containing not less than 900 square feet of living- area, exclusive of carports, garages, porches and patios. 3B• _SeDwalls, bulkheads, retaining walls, docks, piers or" boat slips may not be constructed, built or placed on any wr;terfront lot until sketches of the dosign and details sliowl"nC; specifications thereof have boon submitted �Y _t2e M Y�_y ywYJ: f } YW�1'�awn�,M..�1�iLl�(Ld «iLNL.rr. •i i•.. r�� OFFICIAL r `311. to and approved in writing by a committee appointed by General Development Corp. in accordance with Section 10 . of these Restrictions. 4; No noxious or offensive trade shall be carried on qny lot, nor shall'anything'be done thereon which may be or become an annoyance or nuisance to the neighborhood. 5• No house trailer, tent, shack, barn or any other temporary building shall be stored, parked, or erected on any lot. Construction sheds will be permitted during the course of building a home but must be removed prior to issuing a Certificate of Occupancy when the residence is completed. Boat trailers and cargo trailers may be stored to the rear of lots and out of view from street lines. 6. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than five square feet advertising the property for sale or i rent, or signs used by a builder to advertise the property during the construction and sales period. 7• No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon - or in any lot. No derrick or other structure designed for { use in boring for oil or natural gas shall be erected, r maintained or permitted upon any lot. 8. 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. �t 9. No lot shall be used or maintained .as a dumpi:..g ground for I, � rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary corditi.on. +.+rn�.rttil�.lSi�• s._��y,.��,,,F � -. �,. � r�i_ t - �f i_ i ` -•i ` 4: ,� .. 4 _`� �_ _ .�a..F�•.str�.SarYrr..a.ui1�...-.. ;..�..LS...:._1....�iL..:. `�` t -...., Si.3•.L:a�L.ki1.��v �NW�r�.�,�A.; •.�i`i.Wiii..l+�r-ifl:.�-- t:'..LL - ... J. a;.:i::� t 10. No building shall be erected on any residence lot until the design and location'th"ereof have been approved, in writing, by a committee appointed by GEM A%L DEVELOPMENT CORP., a Florida corporation, or elected by a m4jority of the owners of the property first hereinabove deaeribed; provided, however, in the event such committee is not in existence, or fails to approve or disapprove such design or location within thirty days, then such approval will not be required, provided the design and location on the lot conform to and are in harmony with existing structures on the lots first hereinabove described. 'In any event, either with or without approval of _the committee, the ground floor square feet of any building on any lots shall be not less than 600 square feet in the case of a one-story structure, nor less than 720 square feet (ground ares) in,the case of a 12 or two story structure. 11. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points twenty-five feet from the intersection of the street lines, t `i or in the case of "a rounded property corner, from the inter- t section of the street property lines extended. The same sight line limitations shall apply on any lot within ten r feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree t shall be permitted to remain within such distances of such intersectiorz unless the foliage line is maintained at sufficient height to prbvent obstruction of such s o• . ight lines. . 12. The Easements shown_ on the plat of S BASTIAN HIGHLA.iT?S, UNIT TWO, PAGES ONE', T6':0 AND FOUR, recorded in Plat Book r ##5 at Pages 34, 35 and 37 of the Public Records of Indian s River County, Florida, are hereby reserved as perpetual E easements for utility installations and maintenance. j 13. These covenants and restrictions are to run with tho land, } and shall be binding on aYl the parties and all pornons { r..W..�a.�ir.rl.l..vii_tL�r .._.a.u.�Ji�,y t� .. ,• .`� ': �. OFFIORL RECORD - _claiming under them until September 9, 1982, at which time said covenants and restrictions shall automatically be bxtended for successive periods of ten years,, unless by vote of a majority of the then owners of the lots' it is agreed to change said covenants in whole or in part. 14- If the parties hereto, or any of them or their heirs, Personal representatives or assigns, shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person or persons owning any of the lots hereinabove described to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing, or to recover damages or other dues for such violations. 15• Invalidation of any one of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. 'IN 1AUTNESS WHEREOF, GENERAL DEVELOPPTNT CORP., a Florida corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this 1016 day 'of K February, 1953. .. GENERAL DEVELOPM�,N,TT CORP-; "."(SEAL) B I s President .... J Attest: Its ecretary--' STATE OF FLORIDA) : SS.: COUNTY DADE ) I HEREBY CERTIFY that on this 10th day of February, A.D. 1958 before me personally appearod B. J. MACKLE and it. F. MACKLX, Pros and Secretary, respectively, oi' GCORP., a Florida corporation, to Me known to be the persons described in and who executod the 1'or�:�-oinr in,.,trumunt as such o1'1'1.ce1-3, and severally acknowl.edt cd the c:cecuLion thereof to be thoi.r froe acts and deeds as such officers for the uses and purposes th:,reira mentioned, and. that thoy Faffi. ycd thoro,to the offI circ]. Boal 01.' said corporis tion. 77 7777' • ��Q •3J WITNESS my signature and-official seal at Miami, inithe -County l _ of Dade and State of Florida, the day and year last t aforesaid. - ... :.. .. .. . .... (SEAL) Notary Public, State of Florida atTLarge My commission expires: >� ;Iatary ?utGc, State of flarida at targe Exp+res May 20, 1960 2 my Commission - bald 67 Am.riun fir. 6 C.SWH7 Co. t t ;K, T a CO • •' rn ice•.) . _ Y ^.:, ( tW l.. ,tt•r+S .,4:.l 7�. :.�^1 k� ' 1•J tr. ` r� r r �. .., •� -, •t c, �paAirt rl 1 MK k•'-. �',7 t' A i) h •., ....h � a. p.� w! tx � 'y' >• - t a - 7777-77 452311 lO t' •tip]-!(�._ 'ice f t:.i ! t met t r ]� I' a]r_ s{x �!; ?.a � tl. ,- �ry)t J J 11: �! l a { f , SIT,? i )i ] 11l9 J ( J• J ., r �. ? ' r - 't r `� � - vitrify g � fir\ ti � - � �.•,., -; Y C �y JAI.{J C �a.�'� iJ':I, 1 F S. tl t.- ! ) J ! , t it 1`� ) ti.• A, ,� � _ , anS `i _ io ' - •L`i.Jsj:��.,. �_Yn I i:t�� i `1 r. )tet � j r ` 's t.f 1 iY r iy�i t, = oleo.t 1:13 -.je;• �. - J \��, `�i, S`l,�] i i� - la ♦ '11 i J :S J i. 'i `. i. t .t •` s. C'^-�..._.- t k'* 1 A `�i•� t i t j�J t i 1 i .`} , f, �• t ,T�~ - i.il t. 1Y(o] lot; J at d.l+i ::te a, ..t � S� - S 't J. - 1 :+ -�?t a I j,C` ;`IAt •J.•,_ J �In`,t,P-J.ti �.. it 171' (: -4:: � I S � r: 7 i t :.j it• t � i r �. _q} v 0 OAKS! 1: Ou WIT go 5 Aid to 0 . _ ' t. II I . 1•'l � P � :' f ! swunin too, .. �r +',t J.11) M-•1 lit l,: {_.� i�� i +.. .'t { , I -1.,) �J.. :: .. }'1: � � A -r J % .fit>Kl _ Abs Vol .0041. 71 ... : � �r S a,.i+. t t� i�IJ + .!. I, t•'+�':, 1 �:`.. ..12,_. r 00 45t. ) �.. l- --- t . _ i ♦ .,Y.-- a'.>tn,• {1 S:.,t:: yI{� � t. { 4•'r i +�' � ',; 4 tT • "'� ° � r i i r.I � f 'r ly �: � � tt....ri` t Y... i � � w y!1 r �'cc...ae t f.. .. Y, 1 fA.iA .f. <jl r f"/ 1..t r � � •�a a i� r � � - l�l�•f 1M Fl" t "f "Vol r 1� ~ 4' ry< 3 rl•- r 1. r �. /.. �r �F _ � - 1. _ - t � � ��..� • t ^i'_ ' �, �ri to t.� lf•h� ;r.i r l ly 1:..- �� . t � q y att.a I .. . ,S ! tett sj..� .y � tit, i .T K,♦.w - i'�Fr; •Y1 ►.� t_, is � _fF r 6 ,�:� «. 1. �-f ..- -. �� ♦I r• {l r- I 1 r 1 -, 311 ,F t le ! t i t i♦i �; 7. e �� trt{{•.iCrt }� 21 '`' b��: 7</�•�'t�� •Y: 1 1•Isi 'ter 1�'`(t -�- - -i _ {`I♦�;1 F li( /�(� rn" c ," y- -4 1 �l �1 \.; y k•. � 3ri •,.t,j- < _ - _ - - ��_� ��3" -'�sj "� 1 n3 �a'`..': z lf� ♦ �^ +r�.i � ��.:':rrtr_, �,. � --�,f. r Z �r a -�" e•t � - a1 - eia :te 3` 1 r a trsFl �1 11 ad_ .- i �F ��z l�F :�, ,��,�j. v{ + ' 1:•0 i l j > 1 �`t<1 1 t 1 li , 31 t 7 1_ �'ifl - r1 a� :r ! i it' �•t t / 1�eF 1i` Y�. , i ,- err • _�?It i.tt t 3 r 7C�• - 4 -i-. T>- Vol i - ��r•,or Vie{ s 1 - '3t sc: a4 t .j�:.1 -Y.s t� 7 �1 its tFl {c l/ t,_\a7 i. [ {;s t tv•. `: { �•.•F n _.�' 3 r t i. 1f+ � 1+L. A, -r9 0 ;.ia, ': � .-� t i tl t*f,.,j 1 � - (,Yi 11-• a _r :" t-��- s, SS ,mac _ - - _ t = n _ s:. t'i, i v \:. \ 0= L'il t- rt a t- 7 t• - :Cafrr. 1`tict 'i 1st �2 1J� nr ' '•- of his iC7� i i ; _ t no N 14 r 3�- Yin kit / j:. iiw1 _-,i�3'- a _ =i- -".'y ?'- tri" ti _ .. �ja3 1•• _ �'t!, it9" -..•t" _ 1 ) !< t 1, Ono . _ ."i .{ lE 1 1!•- 1•" _ rf { t�3 ]If, 1: !l� - t� _ +4t fill o oil 1� - •11 1�: a.� r: !' 1 t r �"1 .�- Ili t" _1 - 'tet` :; �, i r �� r• se•. t jlc 1 ' 7• 1 r �• r�'_ ! . . i_a 1. - Own r,:: , -`. it 1., •tt 1 f�, .: i _. - .r�... (.;. : ON • y.� j4." ,3;�:t•t,., 1:. .. 1� 11rc 1 a. .��: a i✓:1•,. rt 1. a t FtNOT All - �. t i 1 Eat• rt d ''�J RA;r".` t'>, �,� i.i p�"�'."i � �,1"' Y{ r q♦ f ,I t". h`r ! A�.W91f � �IA�r' ��4.ry 1��,%ate!' , :1'1'i'p1-'iS :! 'A ..._ � ., .; 5. ty�-{ �'t''r •�1\rY '�":..1 t,/1�' 11 t• i-. �.! � � ._j- P24•.. it - - .. � iy � "r L. �, ♦.'' f �-,lt.� �=''e4 •ter �� l•��el ', PIT 4 > � t � r ^ 'i! r 3 r �+ -ate 1 r°{ 1�'f- ''1 f�{±� .1i � Icy• �.. ( ,� f, sit: t FOwn a •. �` � r•T -�P- s t rY ., t *tS 1 aa,ty,+ i `I f i ' , - � ...r .. - .. �'`'` ��•t F:I of ras ' � •� � z i 7 , + is r - tit \--r T. �� {a_ � 7`• ; �Icl �11 �,I.t!t f� .� 3 _ 1 la.'.. _-r r _ � I,:. j,� ♦J[ !1 � 1-� f�7 � f - .. : , - f ' �` � .k,. law.. .•. (,,. - 1 a� 1 1 s: • I I�a e t .7 r r Ol - lil l7 yJrle i a,�a, Rw two f , a < i,'_ •lis ji rf I f t I � - - i a 0*` 9 �, a •. `d ai y:#, , ' r - , y r r ( 0 ' AT 17 _t I •.14e*a,:f"AH ��u,3�`. '1 f "+ Ai 1 _.2 t'.¢:•� fi .. w}t. ' :3` .rt+ T•{► i ,.. >T a t . 31 '1u_ 1 r�7.�. {] i•y{ +i7 l •'; i 1 f � tl• '{ SJ t:.il { �..!". .,. N/ i i r1` o ' .. S.edl. lrrr.et 1. ?- i �4 f 1 1'rt }t lei 1 � i4d'•r -J� c - � '� r _+ -Ka ,.y.w . •».,.i= a �.f- ^'a lair ��': i�ia4 � -: \•.114_tiw � �",� ]1{�1 tri .. F al ,� � j -.Y�•{ .11fo1 li.�_ �v.l �� j'77� irR ?A �.r. L�r 71�� .. tj 4�-i.J.T? Z .�tl.,ti 1 7 dTa (-. ) 1. jl 1-�*..r� 1 IJ1,r J i..r� ..i 1.l: 71, � )i y •. t.. ' � T'...' i l.l. / � 6�:---,U'+ 1 l •.- y i � ; c. � r _r � 1 ' j t .a � \ 1 i f 1 11 t : ' t t 1 1 ! Y� - .'�1�ts.. IS fwi�i ra �Jt� '•-i 9 '; y. _ 1'.. i C }., �t ;•' �. � y � 1 �r- � { �.. J .r Ftl 1 1Y l I .r.1lf � n• j . '• Yr yY f•1 •r.' ? ):fr _11- �� a. Miv� 17,. 7 � ( 1t if ��i 17�fty J 719 , t � i r 0 k �!, `-_ � �•{;'� � d S l r 1 �!F � _ r.4. � i 'tl 1 i = !•1_7. F�tn + 7 1 1 ri�l 3 �, J �y 11 1 `. l( ' .�. c :,. .,, 1. i ,? •y AS t,.r.t, ' - _TZ T a �.`�yl 7• sl .)` 1e i - nl iaa .. .. .� •.. '- ..,E < ,. _ - ... - .. ti * i AVA lot: On 9 toy i - 41• .rP� -.-.; J, ?- rti, :+. >•_7_�, is #-5 z •ig a �7 : r • , 4 AWAY� (( W n: ' T i. ev i- D .1 f ` ' NISO go, MY TOPIC s ' WHO .,:. , TooAnk . Ono • Ali .•f 7,\' 1 .woo i ^4 1 r ql•' a^ O V AIR ran .r. .` h' ..: r.> f'.i,l 1 A> I f ♦ ;..♦ ♦,w;H"drt }tl :1a11 `j}t ,\,'",i 11f A' f� r �' •t i_..r l.. � i, 1, f_ It �ei h (_i it i r.y, ♦t l.} O at .ta• _ a• <, 1 I t. s t ),ti_te f� _AA>+lj:. � �� - mai 1 1 Mla1 Iii: a{ ;. • ,� i irf ! Y... y � 14 OKI -°„� }...+-i:�> �' :.. �-;.— ,�. � = l»�- �-� t' f' ,. ".' �:[:. ' t-; ,apt � a�;� ' � ' ;.1: i� .,.TA �xf,�• Sf1_ t.�•r31 1�L.i `a/ I`�: �I ia{o! 5 .,!_ fe iii, i.„f , k r f a11a. .)( � �,1 }; � ; 1' I j•1 r� i. t�iti s 1. I' Y �. f s,ri:- a - _ _ `- 1...�{ ....w. v. �•,A�,,,i.r 1.., r... - i. �' 1 I .. ie ia,r.�a{\] � .1 clt i � ni #•,t`{I, 1 a !s Ir�al �,(.:t utn > ,. _ .. - �(#f97c �~;-4'. f trf f't ( l.i_� '_'r"i r. ✓•'-.,. � � � `_, , - _ t4 # I 'Y}A # l i, 5 sla 1•r 11�( t 1 !sk 1� � %` k �: t � �;: f -- � �;• 1 7 �'- L •� �A�:.a li{{':> t.a �if,�ffl f # ,!.> 111-r1`29{_ 1-hiJ ri •1 �,;r I_J� far= { 1 >e 5 . r,� t.a 7 ' _Y(•at !at', >r� . _ ,o .i �, � .11 �' .` _ ._ -'��; if15�i•"# .rte A 5 f kir .t JJJJ 1 STATE OF FLOhIDA INDIAN RIVER COUNTY ,i, hereby certify that the foregoing - Is a- true and correct copy of the c ---9-9 -z`3-as recorded •------------ Book -----.-,3 .......... ....... Page• --3_-1--x --------- of the public records in this Office. witness my hand and seal of office this,__�,.day of.z,�__------- 19 DOUGLAS BAKER, Clerk f - STATE OF FLOhIDA INDIAN RIVER COUNTY ,i, hereby certify that the foregoing - Is a- true and correct copy of the c ---9-9 -z`3-as recorded •------------ Book -----.-,3 .......... ....... Page• --3_-1--x --------- of the public records in this Office. witness my hand and seal of office this,__�,.day of.z,�__------- 19 DOUGLAS BAKER, Clerk 2"i ; L '.rEL0 t �2TT CORP ORAT1011 GE"iERAL D A Delaware Corporation AMEPJDED DECLARATION OF RrlS''RIC'1I0.'•S TO Z'. HOM IT I`? 4Y C ONC-�7qrI WHEREAS, GET'ERAL DEVELOPT-E-11"T CORPORATION, a Delaware corporation is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: �',n�T,'r uT�^-TAT PAGES OirE, . TW,O A^tM FOUR, a subdivisionIndian River County, Florida, accordinE; to Plat Book ;,'5 at pages 34, 35 and 37 of the Fublic Records of Indian River County, Florida; and, MiEREAS, the property above described was bound by a Deed of Restrictions Certificate, recorded in Book 33, Page 309, bearing Circuit Court Clerk's Docket x#92067 and dated February -25, 1958; and 1111SREAS, it was nece ;sary to re -plat certain lots in Block 104 covered by these restrictions; NMT THERE ORE, GE1=1 AL DEiTELOPI,LE dT COR.PCR_,TION does hereby declare that each and every of the following lots shall be excepted fron Faragraphs One and Three of the recorded restric- tions insofar as a mininum frontage of eighty feet (801) in the building line is contained in said Paragraphs: Lots 35 through 49 inclusive in Block 104, Sebastian Hi�;nlands, Unit 2, Page 2, according to Plat Boot: ,1�5 at P,,�ge 35 of the Public "ecoids of Indian river County, Florida; and, IT IS EXPRLSSLY PROVI-DEED by this amendment of restrictions that a single farii.ly residence may be built 'on each and every of the above lots providing that ten thousand square feet (10,000 sq. ft:) of land area will be required for each and every residence; -l- c ' OFMIAL RECORD all other restrictions contained in the Deed of Restrictions referred to in the Paragraph above shall apply to the use of these lots and no changes are intended to apply to any lots other than those identified as Lots 35 through 49 inclusive in Block 104 of Sebastian Highlands. IN FATNESS :.HEREOF, GENERAL DEVELOPG,ENT CORPORATION, a Delaware Corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida this /a day of `7'226_� , 1959. -- GENERAL DEVELOPMENT CORPORATION (SEAL) w C B ' U ZC y� u c,+— Its President - U_ G' — LU o ' = Attest: , co �� o C.1) Its c cretary STATE OF FLORIDA) SS.: COUNTY DADE ) I HEREBY CERTIFY that on this ay of A.D., 1959 before me personally appeared F. E. MACKLE JR. & E. J. MACKLE, President and Secretary, respectively, of GENERAL DEVELOPMIENT CORPORATION, a Delaware Corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers, and severally acknowledge the execution thereof to be their free acts and deeds as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal;of_.`said corporation. WITNESS my signature and official seal 'at r"iami, _ nh�&,.Eounty.�6f-.Dpde and State of Florida, the day and year last aforesaid. n `'l 'v C► d .•'- Notary Public, State of Florida at Large My commission expires: t.ot�rt' Public. su c et roriea at large MY Commission fares R;ercS 10, 1962 Eo�c.d dr Ae.run fir• : csilmur Co, Rnok 9S .3 9 Off GENERAL DEVELOPMENT CORPORATION a Delaware corporation x DECLARATION OF RESTRICTIONS TO WHOM IT MAY CONCERN WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation authorized to transact business in Florida, is the owner of the following described property, situate, lying and being in Indian River County, Florida, to wit: SEBASTIAN HIGHLANDS SUBDIVISION. UNIT 3S a sub- division in �nian River County,'Florida, according to the plat thereof, recorded in Plat Book 5, at page 99 of the Public Records of Indian River County, Florida; and, WHEREAS, the property above described is not subject to any restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to'each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 3, and to limit the use for which each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 3, of said subdivision, is intended; NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does -hereby declare that each and every of the lots, located in the following described property, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 3, a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 5, at page 99 of the Public Records of Indian River County, Florida; are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any a-reement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shall be as follows; to wit: JF Vi 1/1 CA.Ifu RooK 98 PA,UE.340 ]., Each and every of the lots,_situated in said SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 3, shall be known and described =---as-residence lots, and no structure shall be conructed or erected on any residence building lot other than one detached _-- single family dwelling not to exceed two stories in height and a one or two car garage. 2._ -No building shall -be erected on any of said lots nearer than 25 feet -to -the front -lot -lines -of said lots, nor nearer than 72 feet to any side lot line, nor nearer than 25 feet to the -rear--lot-lines of said lots. The side lot line and the rear lot line shall not apply to --a garage located 50 feet or more from the minimum setback line, except that on corner lots no structure shall be permitted nearer than 25 feet to the front lot line of said corner lot, nor nearer than 122 feet to the rear lot line, nor nearer than 15 feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not.be con - strutted to permit any portion of a building on a lot to encroach upon another lot. _ 3. No residence lot shall be resubdivided into building lots having less than 10,000 square feet, nor having a width. -_of less than 75 feet at the minimum building setback line.. -No building shall be erected on any residence building lot having an area of less than 600 square feet for a one story building; nor less than 720 square feet (ground area) for .a dwelling of more than one story. 4. _No- noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 5. -No trailer, basement, tent shack, garage, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. 2 OFFICIAL RECORD qq i Book 98 PAuE34l 6. No. sign- of -any --kind shall_bedisplayed to the public' view on any_ lot, except one (1) _professional siL-n of not -more than one (1:) square foot, or one (1) sign of noti more than five -(5) 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. 7. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall --be per-- znitted . upon or. -in anylot, _ nor shall oil- wells, tanks,- tunnels, mineral excavation.or shafts be-permitted,upon-or-in any- lot. No derrick or other --structure designed for use=in- boring for oil or -natural --gas shall be erected, maintained or permitted upon any lot. - - -- 8. 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. 9. No lot shall be used or maintained as a dumping ground for rubbisho Trash, garbage or other waste shall not be kept except in sanitary containers. All inc3nPrntnrQ nr „f -In -- equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. 10. No building shall be erected on any residence lot, until the design and location thereof has been approved, in writing by a committee appointed by GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, or _elected by a majority.of..the owners of the property first hereinabove described; provided, -however, in the event such committee is not in existence, or -fails to approve or disapprove such design or location within -thirty (30) days, then such approval will not be required, provided _ the design, and location of the lot conforms to -and is in harmony with the existing structures on the -lots first •-• hereinabove described. In any event, either with or without approval of the Committee, the ground floor square feet of 11e Rook 98 P: uE342 any building on the residence building lots, shall not•be less than 600 square feet in the case of a, one story structure, nor less than 720 square feet (ground( area) in the case of a 12 or 2 story structure. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road- ways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property .lines and a line connecting them at points twenty-five 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 lines limitations shall apply on any lot within ten 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 said distance of said intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 12. The easements shown on the plat of SEBASTIAN HIGHLANDS SUB- DIVISION, UNIT 3, recorded in Plat Book 5, at page 99 of the Public Records of Indian River County, Florida, are hereby reserved as perpetual easements for installations and main- tenance. 13. The covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. 14. In the event of a violation or breach of any of these restric- tions by any person or concern claiming by, through or under GENPMAL MVELOPM01T CORPORATION orb virtue of Y any judicial proceedings, GENLMAL DEVELOPMENT CORPORATIGN, and the lot owners, J ' 4 r t - " ROOK 98 ma.343 or_any of them jointly or 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. In addition to the foregoing,GENERAL DEVELOPMENT CORPORATION, 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 -exists -land 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 enforce any right; reservation, restriction or condition contained in this -declaration of restrictions, however =-= -16ng- continued, - shall not be deemed a waiver of the right to-do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its - enforcement. 15. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other -- provisions which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, aiid its corporate seal to be affixed, at Miami, �� Dade County, Florida, this %I day of 6� , 1960. ii ii7 T i GENERAL DEVELOPMENT CORPORAII'Ok (SEA)'- By: EA )-By: Its President' 1. Attest: t, Secretary 5 STATE OF FLORIDA) ..::..tel --•- COUNTY OF DADE ) . - w Book _ I HEREBY CERTIFY THAT on this %e day of��i 1960, before me personally appeared F. E. MACKIE, JR. and E. J. MACKLE, President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument in the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. Notary Public, State of Flori�.a at Large My commission expires: No:�ry F�S'i.:'Sta��' of F:. �a at Carne MyCaa,: s :�^"�z;;:ra 1�:� 1', 1w3 ►rnC•d By Amul:.n Faa E. Ce:oa:q Co. L -i _ 1 •: '—•r r f i IT • J GENERAL DEVELOPMENT CORPORATION a Mlaware corporation * TO WHOM IT MAY CONCERN DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, authorized to transact business in Florida, its -the owner of the following described property, situate, lying and being in Indian River.County, Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 4, a suub3ivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 5, at pages 100 and 101 of the Public Records of Indian River County, Florida; and, WHEREAS, the property above described is not subject to any restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 4: and to limit the use for which each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 4, of said subdivision; is intended; NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, located in the following described property, situate, lying and being in Indian River County, .Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 4, a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 5, at pages 100 and 101 of the Public Records of Indian River County, Florida; are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a xonsideration for any agreement for deed or any deed of conveyance hereafter made,' and one of the express conditions thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shall be as follows; to wit: 10 Each and every of the lots, situated in said SEBASTIAN IIIGIU,ANDS SUBDIVISION, UNIT 4, shall be known and described as residence lots, and no structure shall be constructed or erected on PAG F; 0Nr 1 ! 1 r. (.(l1, fJ • S ,. V •t ckl%j �.dut r._(jV any residence building lot other than one detached single family dwelling not to exceed two stories in height and a one or two car garage. 2. No building shall be erected on any of said lots nearer than j. 25 feet to the front lot lines of said lots, nor nearer than 71 feet to any side lot line, nor nearer than 25 feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not apply to a garage located 50 feet or more from the minimum building setback line, except that on corner lots no structure shall be permitted nearer than 25 feet to the front lot line of said corner lot, nor nearer than 122 feet to the rear lot line, nor nearer than 15 feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. . No residence lot shall be resubdivided into building lots having less than 10,000 square feet, nor having a width of less than 75 feet at the minimum building setback line. No building shall be erected on any residence building lot having an area of less than 600.aquare feet for a one story building; nor less than 720 square feet (ground area) for a -dwelling of more than one story. 4. No noxious of offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 5. No trailer, basement, tent shack, garage, barn or other out- building erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. 6. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by R building to advertise the property during the construction and OFFICIAL RECORD 11. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five 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 lines limitations shall apply on any lot within ten feet from the intersection of a street property line with the - edge of a driveway or alley pavement. No treeshallbe permitted to remain a4id distance of said intersections unless the foliage line is maintained at sufficient height to prevent obstruction of said sight lines. 12. The easements shown on the plat -of SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 4, recorded in Plat Book 5, at pages 100 and 101 of the Public Records of Indian River County, Florida, are hereby reserved as perpetual easements for installations and maintenance. 13. The covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980, at which time said covenants and restric- tions shall automatically be extended for successive periods of ten (10) years, unless, by 'vote of a majority of the then owners of the lots, it is agroed to change said covenants in whole or in • A part. 14. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMIENT CORPORATION, or by virtue of any judicial proceedings, GENERAL DEVELOPMENT CORPORATION,- and the lot owners, or any of them Jointly or severally shall have the right to proceed at law or in equity to compel a compliance with the terms hereof, or toP revent the violation or breach of any of them, In addition to the foregoing, GENERAL DEV1,1O1,,1E.r COr�PORATION, 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 viola_ tion 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 enforce any right, re- servation, restriction or condition contained,'.n this declaration of restrictions, however long continued, shall not bq deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 15. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. IN WITNESS VHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its coporate seal to be affixed, at Miami, Dade County, Florida, this 1,2 qday of a 1960. GENERAL DEVELOPMENT CORPORATION (SEAL By: Its President Attest: ,6 I Secretary STATE OF FLORIDA COUNTY OF DADE ) M I HEREBY CERTIFY THAT on this VIday of 1960, before me personally appeared F.E.MACKLE, JR., and E.J.MACKLE, President and Secretary, respectively, of.GENERAL DEVELOPMENT CORPORATION,, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses17 and purposes therein mentioned, and that they affixed thereto the official _ seal of said corporation, and that the said instrument is the act and deed' ��.of said corporation. Lt. , d WITNESS my signature and official seal at Miami, in the County o£ Dade and State of Florida the da and y year last aforesaid. --1 K1: '•rl�, 1 C.? quni ss.i. n ires ; N;lrr Y c oto i e n k'y C� i•,� rac 1 ,(� ) Notary public, ;�: nfic' of I"Iori.da at. L; 11: tion 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 enforce any right, re- servation, restriction or condition contained ?n this declaration of restrictions, however long continued, shall not beideemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 15. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its coporate seal to be affixed, at Miami, Dade County, Florida, this /,p aday of a . 1960. GENERAL DEVELOPMENT CORPORATION (SEAL By. Its President Attest: I ,6 Secretary STATE OF FLORIDA COUNTY OF DADE ) I HEREBY CERTIFY THAT on this day of y1�G 1960, before me personally appeared F.E.MACKLE, JR., and E.J.MACKLE, President and Secretary, respectively, of.GENERAL DEVELOPMENT CORPORATION,, a Delaware corporation, to me knoi�m to be the persons described in and who executed the foregoing instrument as such officers for the uses_ and purposes therein mentioned, and that they affixed thereto the official _. seal of said corporation, and that the said instrument is the act and deed- .of said corporation. 34TNESS my signature and official seal at Miami, in the County .,!ofDade and State of Florida the da and y year last aforesaid. •'Notary P,,tv� FQr�u i .5i_gn e�� ires: '-�� ,. l r- � f. r'' t L c cl� wu a at to ye s C. C,Noi.ary ]'1.11)1 le, St:ai.e of l�lori.da 'It. Lru�c 13, „ 1.63 -'AL KEGORD GENERAL DEVELOPM1ETT CORPORATION* B00K 99' PauE� O a Delaware corporation * DECLARATION OF RESTRICTIONS TO WHOM IT MAY CONCERN VREREAS, GENERAL DEVELOPMENT CORPORATION, h Delaware corporation, authorized to transact business in Florida, is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 5, a subdivision n Indian River County, Florida, according to the plat thereof, recorded in Plat Book 5, at pages 102 and 103 of the Public Records of Indian River County, Florida; and, VIEREAS, the property above described is not subject.to any restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLLNDS SUBDIVISION, UNIT 5, except- ing therefrom Tract A, and to limit the use for which each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 5, except- ing therefrom Tract A, of said subdivision, is intended; NOW, THEREFORE, GENERAL, DEYELOP'�iT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, excepting, however, Tract A, located in the following described pro- perty, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGIMANDS SUBDIVISION in Indian River CountFlorida,) UNIT 5� a subdivision thereof, recorded in Plat Book 5 according to the plat at pages 102 and 103 Of the Publix Records of Indian River County, Florida; are herebyrestricted as follows, , and all of which restrictions and limitations are intended to be and shall be taken as a con- sideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof,y that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shall be as follows;; to wit: PAGE ONE 1. Each and every of the lots, excepting, however, Tract A, situated in Said SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 5, shall be known and described as residence lots, and no structure shall be constructed or erected on any Y � residence building lot other than one detached single —family dwelling not to"exceed two stories in height and a one or two car garage. 2. No building shall be erected on any of said lots nearer than 25 feet to the front lot lines of said lots, nor nearer -than 72 feet to any side lot line, nor nearer than 25 feet to the rear lot lines of said lots. The side lot line and the rear lot fine shall not apply to a garage located 50 feet or more from the minimum building setback line, except that on corner lots no structure shall be 7. permitted nearer than 25 feet to the front lot line of said corner lot, nor nearer than 122 feet to the rear lot line, nor nearer than 15 feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be constructed to permit any portion of a building on a lot to encroach upon another lot. 3. No residence lot shall be resubdivided into building lots having less than 10,000 square feet, nor having a width of less than 75 feet at the minimum building setback line. No .building shall be erected on any residence building lot having an area of less than 600 square feet for a one story building; nor less than 720 square feet (ground area) for a dwelling of more than one story. 4: No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become on annoyance or nuisance to the neighborhood.- n�riClAL RECORD PAGE Two 8008 99 Mul.c. 11 99 FAUL342 5. No trailer, basement, tent shack, garage, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any. residence of a temporary character be permitted , 6. No sign or any kind shall be displayed -to the public view on any lot, except one (1) professional sign of not more than one (1) square foot,_.or one (1) sign of not more_.than _ five (5) s:?uare feet advertising the property for sale or rent, -or signs used by a builder to advertise the property ;during the construction and sales period. 7. -No oil drilling, oil development operationy oil refining, quarrying or mining operations of any kind shall, be per- mitted upon 6r in any lot, nor shall oil wells, tanks, tunnels,mineral excavation or shafts be permitted upon or in any lot. No dertick or other structure designed for use in boring for oil or natural, gas shall be erected, maintained or permitted upon any lot. 8. 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. 0 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in saintary containers. All incinerators or other equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. r 10. No building shall be erected on any residence lot, until the -design and location thereof has_been approved, in --writing, by -a committee appointed by GENERAL DEVELOPMENT CORPORATION, a -Delaware corporation, or elected by a majority of the owners of the property first hereinabove described; provided, however, in the event- such committee is not in existence, or fails to approve such design or location within thirty approve or dis (gip) a,,yg, thin such approval, will not be required, provided, the design and location of the lot conforms to and is in harmony with the existing structures on the lots first her In any event, either with or without approval of the Committee, the ground floors quare feet'of any building on a residence building lot, -shall not be less than too square feet in the case of a one story structure, nor less than 720 'square feet (ground area) in the case of a 12 or 2 story structure. IL No fence, wall, hedge or shrub -planting which obstructs -sight -lines at -'elevations between two-and=six-feet above the -roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street -property lines and aline -connecting them -- at points=twenty-five-feet from -the -intersection fo the -street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight lines limitations shall apply on any lot within ten 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 such distance of such inter- sections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 12. The easements shown on the plat of SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 5, recorded in Plat Book 5, at pages 102 and 103 of the Public Records of Indian River County, Florida, are hereby reserved as perpetual easements for installations and maintenance. 13. The covenants..and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years, - unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. 14. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMENT CORPORATION, or by virtue of any judicial proceedings, GENERAL DE'VEGOPMM= CORPORATION, and the lot owners, or any of them jointly or severally shall have the right to proceed at law or in equity to compel a compliance with the terms hereot-.or to prevent tli,� violation or hrcnch of :any of thrum. Tn nddi.tion to ,thP fore- r 15. OFFICIAL RECORD Book 99 ?AU -E344. going, GENERAL DEVELOPMENT CORPORATION, shall have .the right when - ever 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 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 enforce any right, reservation, restriction or condition in this declaration of restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware cor- porktion, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed at Miami, Dade County, Florida, this 31st day of March 1960. GENERAL DEVELOPMENT CORPORATION (SEAL) By Its President Attest s Secretary •• � - STATE .OF FLORIDA COUNTY OF DADE ) PAGE FIVE • I HEREBY CERTIFY THAT on this 31st day of March 1960, before me personally appeared F.E. MACKLE, JR., and E.J. MACKIE, President and Secretary, respectively, of GENERAL DEV OFMMT CORPORATION, a Delaware corporation, to me kVWi to be the persons described in and who executed the foregoing in— strument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. ``,,5551111f 1f f/ff/ otary Public, State of Florida-atjLarge !, My commission expires: 5 Bo.dad By American M a rn CD C-3 —)1 !Tl RCJ �' C� •l Q� r3 � o � m r PAGE SIX BOOR out Oi�f=Cl1�1_ kl(CV �1� 0 �' Buuk GENERAL DEVELOPMENT CORPORATION a Delaware corporation TO WHOM IT MAY CONCERN fit• � �• � ie •� �• �t � � * � •� � •� •1E •�• JtL DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, authorized to transact business in Florida, is the owner of the following described property, situate,4lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGHLAA'DS UNIT SIX. a subdivision in Indian River County, Flcxida, according to the plat thereof, recorded in Plat Book 5, at pages 93 through 97 of the Public Records of Indian River County, Florida; and, WHEREAS, the property above described is not subject to any.restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLAPMS SUBDIVISION UNIT SIX, excepting therefrom Tracts A, B, C, D, Lots 1 through 13 in Block 188; Lots 1 through 13 in Block 189, and to limit the use for which each and every of the lots located in SEBASTIAN HIGHLANIDS SUBDIVISION, UNIT SIX excepting therefrnm Tracts A, B, C, D, Lots I through 13 in Block 188; Lots 1 through 13 in Block 189; of said subdivision, is intended; NOV19 THEREFCRE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of • r the lots, excepting, however, Tracts A, B, D, D, Lots 1 through 13 in Block 188; Lots 1 through 13 in Block 189; located in the following described property, situate, lying and being in Indian River Coutt.*y, Florida; to wits SEBASTIAN HIGHLANDS, UNIT SIX, a subdivision In Indian River County, Florida, according to the plat thereof, recorded in Plat Book 51 at pages 93 through 97 of the Public Records of Indian River County. Florida; 0. c: c rr r -n c2 CIO "' rn o 0. 0FF11-"r*1AL RECORD mu 463 are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express c mditinns thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shall be as follows; to wits ,1. Each and every of the lots, excepting, however, Tracts A, B, 09 D, Lots 1 through 13 in Block 188; Lots 1 through 13 in Block 189; situated in said SEBASTIAN HIGHLANDS SUBDIVISION, UNIT SIX shall be known and described as residence lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling Y not to exceed two stories in height and a one nr two car garage. 2. On water front lots, no building shall be erected on any part thereof nearer than twenty. -five (25) feet to the front lot line abutting the canal, nor nearer to the rear line which is the line abutting the street, than twenty—five (25) feet, nor nearer than EIGHT (B) feet to any side lot line. The side Int line and the rear line, which is the line abutting the street, shall not apply to a garage located fifty (50) feet or more from the minimum building setback line from the high water mark of the water. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 3. On all other lots, other than water front lots, no building shall be erected on any of said lots nearer than twenty—five (25) feet to the front lot lines of said lots, nor nearer than 8 feet to any side lot line, nor nearer than twenty -.five (25) feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not 9 Page Two apply to a garage located fifty (50) feet or more from the minimum building setback line, except that on ct►rner lots no structure shall be permitted nearer than twenty. -five (25) feet to the front lot line of said corner lot, nor nearer than fifteen (15) feet to the rear lot line, nor nearer than fifteen (15) feet 4 to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 4. No residence lot shall be resubdivided into building lots having less than 109000 square feet, nor having a width of less than seventy—five (75) feet at the minimum building setback line. No . `i'" building shall be erected on any water front residence building 1200 lot having an area of less than nine hundred J90N.square feet 1200 for a one story building; nor less than MMOxsquare feet (ground area) for a dwelling of more than one story., On all other lots, other than water front lots, no building shall be erected on any residence building lot having an area of less than 241square feet 1080 for a one story building; nor less thanx-T2.kk square feet (ground area) for a dwelling of more than one story. 5. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLAIMS SUBDIVISION, UNIT SIX but a dock extending such a distance from the line of the high water mark of the water front lots as may be approved by GENERAL r DEVELOPMENT CORPORATION may be permitted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. No boat canal or other waterways shall be dug or excavated into any of the water front lots. No mooring pile shall be placed more than 20 feet beyond the high water mark of any water front lot, and no mooring pile shall be placed nearer than eight (8) feet to a line formed by the projection of the side lines Page Three M C of the water front lot. No lot or parcel shall be increased in size by filling in the waters on which it abuts. No sea wall shall be erected or constructed in this Subdivision unless and until its location, design, materials, structure, Y strength, etc., shall have been approved in writing by GENERAL DEVELOPMENT CORPCRATION. 6. No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. B. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than five (5) 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. 9. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in anyiki nd shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 10. 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. 11. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other Page Four Book UE equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. 12. No building shall be erected on any residence lot, until.the. design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPMATION, a .Delaware corporation, or elected by a majority of tht owners of the property first hereinabove described; provided, however, in the event such a committee is not in existance, or fails to approve or disapprove such design or location within.thirty (30) days, then such approval will not be required, provided the design and Iodation of the lot conforms to and is in harmony with the existing structures on the lots first here— inabove described. _In any event, either -with or without _ approval of the Committee,_ the ground floor square feet of any_building on a residence water front lot shall be not less 1200. _ -. _. thanxMsquare feet in the case of a one story structure, nor 1200 less than 3080 square feet (ground sraa) in the case of a 12 or 2 story structure, and the ground floor square feet of any building on the other lots, other than water front lots, shall 850 not be less than°fa, square feet in the case of a one story 1080 structure, nor less than�:r2Q square feet (ground area) in the case of a 11 or 2 story structure, 13. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road— ways shall be placed or permitted to remain on any corner, lot within the triangular area formed by the street property lines and a line connecting them at points twenty—five (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 lines-_ 4 limitations shall apply on any lot within ten 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 said distance of said.intersections unless the foulage - line -is maintained at'sufficient height to prevent ohstruction of such sight lines. Page Five GENERAL DEVELOPMENT CORPORATION a Delaware corporation TO WHOM IT MAY CONCERN • DECLARATION OF RESTRICTIONS MEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corpora— tion, is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: and, Lots 1 through 13 in Block 188; Lots 1 thre•lgh 13 in Block 189, of Sebastian Nig_hlands Subdivision Unit Six, according to the plat thereof, recorded in Plat Book 5, at pages 93 through -97, of the Public Records of Indian River County, Florida; YkiEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place certain restrictions and limitations of record as to all'of the property hereinabove described, and to limit the use for which said property is intended; NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that the following described lots, situate, lying and being in Indian River County, Florida; to wits Lots 1 through 13 in Block 188; Lots 1 through 13 in Block 189, of Sebastian Highlands Subdivision Unit Six, according to the plat thereof, recorded in Plat Book 5, at pages 93 through 97, o the Public Records of Indian River County, Florida; are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any deed of conveyance hereafter made, and one of the express conditions thereof, and that said -restrictions and limitations are intended to be and shall be taken as covenants to :-un with the land and shall be as follows; to wits 1. That said property or any buildings constructed thereon may only bp used for the following purposes;�/antique shops; apartment and duplex buildings; art goods and bric—a—brac shops; artists' studios; barber shops; beauty parlors; cigar stores; private clubs; lodges, frat?rnities and other public mt eting places not operated for profit; confectionary and ice cream stores; conservatories; curio stores; drug and sundry stores; excepting that no liquor, beer, wing and intoxicating beverages OfftSIAL RECORD may be sold therein; retail fruit stores; gasoline and auto service stations only on to=ner lots; grocery stores and meat markets, except those dealing in live poultry; haberdashery; hardware stores, including display of plumbing fixtures, but not to connection with a plumbing shop; hat cleaning and blocking; interior decorating, costuming, draperies; jewelry and leather goods stores; millinery and wearing apparel stores; motels and hotels; newsstands; offices for lawyers, architects, engineers, doctors, dentists and related professions; optical stores; paint stores; souvenir stores; sporting goods stores; stationery stores; tailor shops, pressing clubs, cleaning and laundry agencies, provided no gasoline or explosives of any kind are stored or used; restaurant or dining rooms where kitchen is screened—or—located altogether within 2 -closed building or room and ample provision for carrying away or dissipating fumes, odors, smoke or noise, and where premises are so arranged _and the business is so conducted as not to be offensive or obnoxious to occupants of adjoining premises; florists' shops and landscape offices. 2. Alcoholic beverages may be served in hotels or motels containing fifty (50) or more guest renting rooms and in restaurants contain— ing seats to accommodate not less than one hundred (100) customers. 3. Any building or improvement hereafter constructed -shall be concrete block type construction. 4. No building shall be located nearer to the front line than 25 feet 1 or nearer to the side line on corners than 5 feet or nearer than 25 feet Io the rear line. No building shall be constructed nearer than 25 feet to the property line on lots abutting a waterway. 5. No noxious or offensive trade shall be carried on upon any portion of tract or lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 6. No animals, livestock or poultry of any kind ,hall be raised, bred or kept on any portion of tract or 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. Page Two 11 r - 7. No portion of tract or lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposition of such materials shall be kept in a clean and sanitary conditicn. 8. f suitable shrubbery screening shall be placed and n1atntained where the said lots abut the residential property. 9. The subdivider may include in any declaration of restrictions, contract, agreement for deed or deed hereafter made, covering other property, any additional conditions, restrictions and covenants. 10. No building shall be erected on any lot, until the design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION, a Delaware corpora— tion, or elected by a majority of the owners of the property first hereinabove describe3; provided, however, in -the event such committee is not in existance, or fails to approve or dis— approve such design or location within thirty (30) days, then such approval will not be required, provided the design and location of the lot conforms to and is in harmony with the existing structures on the lots first hereinabove described. 11. In the event of a violation or breach of r.ny of the foregoing restrictions by any person, or by virtue of any judicial proceedings, the subdivider, and its successors and assigns, and the owners of residential lots, shall have the right to proceed at law or Ln equity to compel a compliance with said restrictions or to prevent the violation or breach of any of them. In addition to the foregoing right, the subdivider shall have the right whenever theret'hall.lhavd been built on said property any structure which is in violation of said restrictions, to enter upon the property 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 enforce 2nJ right, reservation, restriction or condition hereinabove set forth, however long continued, shill not be deemed a waiver of the right to do so thereafter as to the Page Three w c o CC CID r <-- LU Uj 62 <-,> wuj62<-,> C_ U_ C Y ILS`. C> EX ca V/ 1 tGWA . r1Cl�Vf�U same breach oras to a breach occurring prior to or subsequent thereto, and shall not bar or affect its enforcement. The -- invalidation by any court of any one of said restrictions shall in -nowise affect any-of.the-other restrictions, but they shall - remain infull force and effect. NHGE�`iai IN WITNESS VtiHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this/� ay—of— , 1960. _ GENERAL DEVELOP14ENT CORPORATION (SEAL) cn Its PresidentLAJ f� C c.� o o . "F5 Attest: G7 to � � _ V` � `• . • `-? C". Its Secretary STATE OF FLOR I DA ) COUNTY OF DADS ) r I HEREBY CERTIFY THAT on this 4tk day of � � , 1960 before me'personally appeared*F. E. MACKLE, JR. and E. J. MACY.LE, President and Secretary, respectively-, of GENERAL DEVELOPMEEN-f CORPORATION, a Delaware corporation, to me known to be the persons who signed the foregoing -Instrument as such officers, and severally acknowledged the execution thereof to be their free +act and deed as such officers for :the uses and purposes therein men+iloned, and that they affixed thereto -the official seal of said corporation, and that the said instrument is -the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the -County of Dade and State of Florida, the day and year last aforesaid.. 110TARY PUBLIC, STATE OF. FLORIDA AT _i AP,GE J. Notary PUY:r, St'le 01'1! n•i;:`tC My Corbnission expires: My COLY1r:55:0� Ex a:; IV!. `73;.:5'; pogd.0 6Y Amawaa na & Ca�a41 C';" Pago Four 14. The easements shown on the plat of SEBASTIAN HIGHLANDS SUBDIVISION, UNIT SIX, recorded is Plat Book 59 at pages 93 through 97 of the Public Records Indian Riven County, Florida, are hereby reserved as perpetual easements for installations and maintenance. 15. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. 16. In the event of a violation or breach of any of these restricti6ns by any person or concern claiming by, through or under GENERAL DEVELOPMENT CCRPORATION, or by virtue of any judicial proceedings, GENERAL DEVELOPINAENT CORPORATION, and the lot owners, or any of them jointly or 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. In addition to the foregoing, GENERAL,DEVELOP,MENT CORPORATION, shall have the right when- ever 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 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 enforce any right, reservation, restriction or condition contained in this declaration of restrictions, how- ever lona continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 17. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full fore© and effect. Page Six •�' , yr r .�/u t` tY�.VVIt✓ — - - - Fp;u 9 IN WITNESS P.HEREOF, GENERAL DEVELOP1,11ENT CCRPORATIONj a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this lst day of February 1960. STATE OF FLORIDA ) COUNTY OF DADE ) I GENERAL DEVELOP;ENT CORPORATION (SEAL) ti " pec• ' -: a S:♦ / i Its Presldent w+� Attest: Its Secretary I HEREBY CERTIFY THAT on this lst day of February 1960, before me personally appeared F.E. MACKLE, JR and E. J. VACKLE President and S©bretary , respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. Notary Public, State of Florida at L. ixq©-it Ury My commission expiross cr ri fly 19L3 ... Iund4d ,By Ln;-ucon hu 6 Page Seven s.,� •' `, • -1; `_`, ' 1.1 2v , GENERAL DEVELOP,IMENT CCRPCRATION .a Delaware corporation * DECLARATION OF RESTRICTIONS TO WHCM IT MAY CONCERN at BOOK 99 PAGE 46 QFFICl�;L RECORD WHEREAS, GENERAL DEVELCPMENT CCRPORATION, a Delaware corporation, authorized to transact business in Florida, is the owner.of the following described property, situate, lying and being in Indian River County, Florida, to wit: EBAST HIGHLANDS SUBDIVISIONUNIT 7. a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 6, at page 6, of the' Public Records of Indian River County, Florida: and, WHEREAS, the property abovo described is not subject to any restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 7 excepting therefrom • p g Tracts A, B, F, G, Lots 1-6, Block 406; Lots 1-3, Block 407, and to limit the use for which each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 7 excepting therefrom Tracts A. B, F, G, Lots 1-6, Block 406; Lots 1-3, Block 407 of said subdivision, is intended; - NOW, THEREFCRE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, excepting, however, Tracts A,B,F,G; Lots 1-6, Block 406; Lots 1--3, Block 407, located in the following described property, situate, lying and being in Indian River County, Florida; to wit; SEBASTIAN HIGIMANDS SUBDIVISION, UNIT 7, a subdivision fn Indian River County, Florida, according to the plat thereof, recorded in Plat Book 6, at page 6, of the Public Records of Indian River County, Florida; .. cu -c C -,-J L- t C.) C:� ( 6 • are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shall be as follows; to wit: ( . 1. Each and every of the lots, excepting, however, Tracts A. B. F. G; Lots 1-6, Block 406; Lots 1-3, Block 407, situated in said SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 7, shall be known and described as residence lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling fiot to exceed two stories in height and a one or two car garage. 2. On all other lots, other than water front lots, no building shall be erected on any of said lots nearer than 25 feet to the front lot lines of said lots, nor nearer than 72 feet to any side lot line, nor nearer than 25 feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not apply to a garage located 50 feet or more from the minimum building setback line, except than on corner lots no structure shall be permitted nearer than 25 feet to the front lot line of said corner lot, nor nearer than 122 feet to the rear lot line, nor nearer than 15 feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be constructed to permit any portion of a building on a lot to encroach upon another lot. 3. No residence 1pt shall be resubdivided into building lots having less than 10,000 square feet, nor having a width of less than 75 feet at the minimum building setback line. No building shall be erected on any residence building lot having an area of less than 600 square feet for a otle story PAGE TWO EUOK 99 FAA ;' 4 l OFFICIAL RECORD SN'34z 99 ?46E348 building; nor.less than -720 square feet-(ground.area)-for a dwelling of.more .than one story. 4. No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon which may be o�-be'come an 7 annoyance or nuisance to the neighborhood. 5. No trailer, basement, tent shack, garage, barn or other out- building erected on any lot -shall at any time beusedas a residence, temporarily or -permanently, nor shall any -residence of - a temporary character -be, permitted. 6. 140 sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than five (5) 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. 7. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitteduponany . lot. 8/ No animals, livestock or poultryofany kind shall beraised, .bred or kept on any lot except that dogs S,__.cats orotherhouse- :hold pets may be kept, provided that they -are -not kept, bred .or -maintained for any commercial purpose. 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposition of such ma-te-ria'Is-'shall be kept in a''. clean and sanitary condition. PA('.r 10. No building shall be erected on any residence lot, until the design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION, 1, . a Delaware corporation, or elected by a majorityiof the owners of the property first hereinabove described; provided, however, in the event such commitee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will notbe required, provided the design and location of the lot conforms to and is in harmony with the existing structures on the lots first hereinabove described. In any event, either with or without approval of the Committee, the ground floor square feet of any building on a residence lot, shall not be less than 600 square feet in the case of a one story structure, nor less than 720 square feet (ground area) in the case of a 12 or 2 story structure. 11. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five 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 lines limitations shall apply on any lot within ten 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 such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such -sight lines. 12. The easements shown on the plat of SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 7, recorded in Plat Book 6 at page 6 of the Public Records of Indian River County, Florida, are hereby reserved as perpetual easements for installations and maintenance. C)IFr- AL r;Fco D soak u9 eauE311.9 PAGE I'0'JR OFFICIAL RECORD. aaaK 09 PA��50 13. The covenants and restrictions are to run with the land and shall be" binding' on all the parties and all persons' -"claiming under them until February 1, 1980, at which time ",-$aid-"covenants and restrictions shall autornatically be extended for successive periods of ten (10) year unless,, ----by vote of "a majority-of"the then owners of the lots, it is agreed to change said covenants in whole or in part. 14. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEV ELOPM Mi CORPORATION, or by virtue of any judicial proceedings, GRIEItAL DEVELOPMENT CORPORATION, and the lot owners, or any of them jointly or severally shall have the right to proceed at law or in equity.t.0 compel_..a compliance with the terms hereof or -to prevent the violation or breach of any of them. In addition to the foregoin4__'' GENERAL DEVELOP1,1M CORPORATION, shall have the right when- ever there shall have been build on any lot any structure which is in violation of -these restrictions, to enter upon the property where such violation 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 enforce any right, reservation, restriction or con- dition contained in this declaration of restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the sane, breach or as to a breach .occuring prior or subsequent thereto and shall not bar or affect its en- forcement. 15. _Invalidation of any of these covenants by judgment, decree or .court order shall in nowise affect any of the other provisions which shall remain in full force and effect. PAP,r ]7VI; IN WITNESS P.HEREOF, GENERAL DEVELOPL.ENT CORPCRATION, a Delaware corporation, has caused these presents to be . executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this /%lay of 1960. y GENERAL DEVELOPMENT CORPORATION:.(SEAL) '',;' • �'.; By• F.E. MACKLE; JR. President tt��ti� �� i ��i •a �J •w_1 - _ Attests E.,J. MACKLE )Secretary STATE OF FLORIDA ) COUNTY OF DADS ) I HEREBY CERTIFY THAT on this �� ay of �tfy i 1960, before me personally appeared F.E.MACKLE, JR and E.J.MACUE President and secretary , respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, In the County of Dade and State of Florida, the day and year last aforesaid. otary Public, State of Florida at T.1z'ge My commission expires: Page 9^_wx*=S1X /'� BOOR Ci�uf t.' . GENERAL DEVELOPMENT CORPORATION r FOR �s PAA4;5' a Delaware corporation * DECLARATION OF RESTRICTIONS TO ZHMI IT MAY CONCERN t WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: Lots 1 through 6, Block 406; Lots 1 through '' "" --�------ �- 3, Block 407 of SEBASTIAN HlaHLA� LS SUBDIVISION _1N,IT 7�_ according to the plat thereof, recorded in Plat Book 6, at page 6, of the Public Records of Indian River County, Florida; and, - MEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place certain restrictions and limitations of record as to all of the property hereinabove described, and to limit the use for which said property is intended; N0619 THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that the following described lots, situate, lying and being in Indian River County, Florida; to wit: Lots 1 through 6, Block 406; Lots 1 through 3, Block 407ofSEBASTIAN HIGHLANDS SUBDIVISION UNIT 7, according to the plat thereof, recorded in Plat Book 6, at page 6, of the Public Records of Indian River County, Florida; W C-- U) cc.. CD ;.4,.� y.•.. , -.E2 are hereby restricted as follows, and'all of which restrictions and limitations are intended to be and shall be taken as a consideration for any deed of conveyance hereafter made, and one of the express t Ronk 98 346 conditions thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land and shall be as follows; to wit: 1. That said property or any buildings constructed thereon may only be used for the following purposes; antique shops; apartment and duplex buildings; art goods and bric—a—brac shops; artists' studios; barber shops; beauty parlors; cigar stores; private clubs; lodges, fraternities and other public'meeting places not operated for profit; confectionary and -ice cream stores; conservatories; curio stores; drug and sundry stores; excepting that no liquor, beer, wine and intoxicating beverages may be sold therein; retail fruit stores; gasoline and auto service stations only on corner lots; grocery stores and meat markets, except those dealing in live poultry; haberdashery; hardware stores, including display of plumbing fixtures, but not in connection with a plumbing shop; electronic sales and service; hat cleaning and blocking; interior decorating, costuming, draperies; jewelry and leather goods stores; millinery and wearing apparel stores; motels and hotels; newsstands; offices for lawyers, architects, engineers, doctors, dentists and related professions; optical stores; paint stores; souvenir stores; sporting goods stores; stationery stores; tailor shops; pressing clubs, cleaning and laundry agencies, provided no gasoline or explosives of any kind are stored or used; restaurant or dining rooms where kitchen is screened or located altogether within a closed building or room and ample provision for carrying away or dissipating fumes, odors, smoke or noise, and where premises are so arranged and the business is so conducted as not to be offensive or obnoxious to occupants of adjoining premises; florists' shops and landscape offices. 2. Alcoholic beverages may be served in hotels or motels containing fifty (50) or more guest renting rooms and in restaurants containing seats to accommodate not less than one hundred (100) customers. Page Two Page Three . ' Rnnu ""'►;f 34 / 3. Any building or improvement hereafter constructed shall be - concrete block type construction. - �_.4. _:.No -building shall be --located nearer to -the -front line -than -- --- 25 feet or nearer to the -side line on corners.than{25 feet or nearer than -25 feet t© -rear line. No building shall be -—_----- constructed nearer than 25 faP+� +n -+ ha pr o _- -- l-_.- .� the V�p2rty line on lots _- abutting a -waterway. =_5.. No noxious or offensive trade shall be carried -on upon any portion of tract or lot, nor shall -anything be done thereon -_ which may be or become an annoyance or nuisance to the - _neighborhood. 6. No animals, -livestock or -poultry of any kind shall be -raised, :----.bred or kept on any portion of tract or lot, except that dogs, --cats or other household pets may be kept, provided that the Y are not kept, bred or maintained for any commercial purpose. 7. No portion of tract or lot shall be used -or -maintained as a dumping ground for rubbish. Trash,..garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary condition. 8. A suitable shrubbery screening shall be placed and maintained where the said lots abut the residential property. 9. The subdivider may include in any declaration of restrictions, contract, agreement for deed or deed hereafter made, covering other property, any additional conditions, restrictions and covenants. 10. No building shall be erected on any lot, until the design and location thereof has been approved,in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION, a Delaware corpora- tion, or elected by a majority of the owners of the property first hereinabove described; provided, however, in the event such committee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such Page Three Ron►c ^a�,t :348 approval will not be required, provided the design and location of the lot conforms to and is in harmony with the exis'-ing structures on the lots first hereinabove described. 11. In the event of a violation or breach of -any of the'_foregoir.o e+r Z. 4 A 3-n '04 _ •. ..- �u�c2� uy a�iy person, of uy vii tue of any judicial proceedings, the subdivider, and its successors and assigns, and the owners of residential lots, shall have the right to proceed'at law or in equity to compel a compliance with said restrictions or to prevent the violation or breach of any of them. In addition to the fore— going right, the subdivider shall have the right whenever there shall have been built on said property any structure which is in violation of'said restrictions, to enter upon the property 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 enforce any right, reservation, restriction or con— dition hereinabove set forth, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto, and shall not bar or affect its enforcement. The invalidation by any court of any one of said restrictions shall in nowise affect any of the other restrictions, but they shall remain in full force and effect. Page Four • RDnk 98 ��ilE 949 IN WITNESS V.HEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware Corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, FLoridg,,. this �' •.day. _of_-- n -r. n YY. +•.Y.i1�•-�1:R7 e V'' GENERAL DEVELOPMENT CORPO$ATIC;f..{SEAS ; •r 7 -J•)• 571 ZZ 4 By - Its President :>» Attest: Its Secretary -' STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY THAT on this % day of 19 4 v before me personally appeared F.E.MACKLE , JR. and E.J. MACKLE, President and Secretary respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware Corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is ;;he act and deed of -said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. -'Notary Public, State of Florida at Lar? J. �•�• .;.i ac O.o a>ap �. '40 0 My commission expires: ' `��` ri Notary Patlic, SE�ts `oF f1s'a ' f'� 'at (,arge Aly Ccr,:: ss: ,a E -_ la 4 is, Ioad.d 6y Amuk.a�fwa 4 Ca:uilfY Co.%U3 Page Five • :x.1297 3 OFFICIAL RECUI-1- 0 GENERAL DEVELOPMENT CORPORATION � a Delaware corporation TO WHOM IT MAY CONCERN Bon 99 PAGE352 DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware t corporation, authorized to transact business in Florida, is the owner of the following described property, situate, lying and being in Indian River County, Florida, to wit: SEBASTIAN HIGHLAYDS SUBDIVISION UNIT 8 a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 6; at --pages through 14, of the Public Records o€- Ind%an River -e* ; Florida and, 1. WHEREAS, the property above described is not subject to any restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAW HIGHLANDS SUB- DIVISION, UNIT 8 " excepting therefrom Tracts A, B,C,D,E, Lots 1-21, Block 185; Lots 1-23, Block 186; Lots 1-21, Block 187 and Blcck 193 of said subdivision, is intended; NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, excepting however, Tracts A,B,C,D,E, Lots 1-21, Block 185; Lots 1-23, Block 186; Lots 1-21, Block 187 and Block 193, located in the following described property, situate, lying and being in Indian River County, Florida, to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 8, a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 61 at pages 9 through 14 of the Public Records of Indian River County, Florida; a c rr i are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall he taken as a consideration for any agreement for deed or any'deed of conveyance hereafter made, and one nf the express conditions thereof, and I that said restrictions and limitations are intended to be and . shall be taken as covenants to run with the land, and shall be as follows; to wits 1. Each and every of the lots, excepting, however, Tracts A,B,C,D,E, Lots 1-21, Block 185; Lots 1-23, Block 186; Lots 1-21, Block 187 and Block 193 situated in said SEBASTIAN BIGHLANDS BUBDIVISION, iNIT 8 shall be known and described as residence lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling not to exceed two stories in height and a one mr two car garage. 2. On water front lots, no building shall be erected on any part thereof nearer than twenty-five (25) feet to the front lot line abutting the canal, nor nearer to the rear line which is the line abutting the street, than twenty -.five (25) feet, nor nearer than egltt (8) feet to any side lot line. The side lit line and the rear line, which is the line abutting the street, shall not apply to a garage located fifty (50) feet or more from the minimum building setback line from the high water mark of the water. For the purpose of this.covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that chis shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 3. On all other lots, other than water front lots, no building shall be erected on any of said lots nearer than twenty-five (25) feet to the front lot lines of said lots, nor nearer than 8 feet to any side lot line, nor nearer than twenty-five (25) feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not Page Twa Bonk 9t' fHuL353 OFFICIAL Rc�;ORD Bank SJ ma304 apply to a garage located fifty (50) feet or more from the minimum building setback line, except that on corner lots no structure shall be permitted nearer than twenty-five (25) feet to the front lot line of said corner lot, nor nearer than fifteen (15) feet to the rear lot line, nor nearer than fifteen (15) feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 4. No residence lot shall be resubdivided into building lots having less than 10,000 square feet, nor having a width of less than seventy—five (75) feet at the minimum building setback line. No building shall be erected on any water front residence building lot having an area of less than nine hundred (900) square feet for a one story building; nor less than 1080 square feet (ground area) for a dwelling of more than one story. On all other lots, other than water front lots, no building shall be erected on any residence building lot having an area of less than tOO square feet for a one story building; nor less than 720 square feet (ground area) for a dwelling of more than one story. 5. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 8 but a dock extending such a distance from the line of the high water mark of the water front lots as may be approved by GENERAL DEVELOPMENT CORPORATION may be permitted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. No boat canal or other waterways shall be dug or excavated into any of the water front lots. No mooring pile shall be placed more than 20 feet beyond the high water mark of any water front lot, and no mooring pile shall be placed nearer than eight (8) feet to a line formed by the projection of the side lines Page Three of the water front lot. No lot or parcel shall be increased in size by filling in the waters on which it abuts. No sea wall shall be erected or constructed in this Subdivision unless and until its location, design, materials, sttructure, strength, etc., shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. 6. No noxious or offensive trade shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any'lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. 8. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than five (5) 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. 9. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall.oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 10. 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. 11. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept. except in sanitary containers. All incinerators or other Page Four gp►7K PAR35t) (li FI';IAI_ ntFIFICIAL RiEcOP0 • sou 99 PAGE356 equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. 12. No building shall be erected on any residence lot, until the design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPCRATION, a Delaware corporation, or elected by a majority of tAe'owners of the property first hereinabove described; provided, however, in the event such a committee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provided the design and location of the lot conforms to and is in harmony with the existing structures on the lots first here— inabove described. In any event, either with or without approval of the Committee, the ground floor square feet of any building on a residence water front lot shall be not less than 900 square feet in the case of a one story structure, nor less than 1080 square feet (ground arca) in the case of a 12 or 2 story structure, and the ground floor square feet of any building on the other lots, other than water front lots, shall not be less than 600 square feet in the case of a one story structure, nor less than 720 square feet (ground area) in the case of a 12 or 2 story structure. 13. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road— ways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty—five (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 lines limitations shall apply on any lot within ten 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 said distance of said intersections unless the foilage line is maintained at sufficient height, to prevent obstruction of such sight lines. Page Five 14. The easements shown on the plat of SEBASTIAN HIGHLANDS SUBDIVISION, UNTIT 8, recorded in Plat Book 6, at pages 9 through 14 of the Public Records of Indian River County, Florida are hereby reserved as perpetual easements for installations and maintenance. 15. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980 at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. 16. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMENT CCRPORATION, or by virtue of any Judicial proceedings, GENERAL DEVELOPIENT CORPORATION, and the lot owners, or any of them jointly or 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. In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, shall have the right when— ever 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 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 enforce any right, reservation, restriction or condition contained in this declaration of restrictions, how— ever long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 17. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall rernain in full force and effect. Page Six �l � �; 800H P�1lif 3 7 ni-FICIAL r�corp OFFICIAL sank 99 PAGE358 IN WITNESS VdiEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly , authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this3lst day of March , 1960. GENERAL DEVELOPMENT CORPCRATION (SEAL) Bys Its President Attests �t Its Secretary tj STATE OF FLORIDA COUNTY OF DADS r t`1C' 7U.113 tip.%0 I HEREBY CERTIFY THAT on this3lst day of March 1960, before me personally appeared F.E. MACKLE, JR and E.J. MACKLE President and Secretary , respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes p therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. n 7 Notary Public, State of Florida at Laigc:::,,. My commission expiress Notary Public, State:ol Floridi,at lv-e My COMM; `Smn' EYP:res lciy 13, IiL3 dondad By Am.dgn No S Caauali/ Co, Page Seven GENERAL DEVELOPMENT CORPORATION * ` a`_Delaware corporation- * DECLARATION OF RESTRICTIONS TO'. WHOM IT MAY CONCERN s - WHEREAS:,- GENERAL DEVILORMENT CORPORATION, a. Delaware_ corpora- tion,_is the_owner-of-the-following described property,-situate,.lying l and_ being in Indian -River County:, -Florida; to wit: - Lots i through 21, Block 185; Lots 1 through 23, Block 186; Lots 1 through 21, Block 187, - - _.of SEBASTIAN HIGHLANDS SUBDIVISION UNIT -8, according to the plat thereof, recorded in :Plat. Book 5_,_ at- pages 9 through 14,_ of- the Public Records of Indian River County, Florida; and -- WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORA- TION to place certain restrictions and limitations of record as to all of the property hereinabove described, and to limit the use for which said property is -intended,- NOW, THEREFORE, GENERAL_DEVELOPMENT CORPORATION, a -Delaware Corporation, does hereby'declare that the following described lots, situate, lying and being in Indian River County, Florida; to wit: Lots 1 through 21, Block 185; Lots 1 through 23, Block 186, Lots 1 through 21, Block 187, of SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 8, according to the plat thereof, recorded in --- Plat Book 5, at pages 9 through 14, of the _ Public Records of Indian River County, Florida; are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any deed of conveyance hereafter made, and one of the express con- ditions thereof, and that said restrictions and limitations are in- tended to be and shall be taken as covenants to run with the land and shall be as follows; to wit: 1. That said property or any buildings constructed thereon may only be used for the following purposes; antique shops; apartment and duplex buildings; art goods and bric-a-brac shops; artists' studios; barber shops; beauty parlors; cigar stores; private 'clubs; lodges; fraternities and other public meeting places not operated for profit; confectionary and ice cream stores; conservatories; curio stores; drug and sundry stores; excepting that no liquor, beer, wine and intoxicating beverages may be sold therein; retail fruit stores; gasoline and auto service stations only on corner lots; grocery stores and meat markets, OFFICIAL RLCORD S79 BOOk except those dealing in live poultry; harberdashery; hardware stores, including display of plumbing fixtures, but not in connection with a plumbing shop; hat cleaning and blocking; interior decorating;•costuming, draperies; jewelry and leather goods d:ores; millinery and wearing apparel stores; motels and hotels; newsstands; offices f4- lawyers, architects, engineers, doctors, dentists and related professions; optical stores; Paint stores; souvenir stores; sporting goods stores; stationery stores; tailor shops, pressing clubs, cleaning and laundry agencies, provided no gasoline or explosives of any kind are stored or used; restaurant or dining rooms where kitchen is screened or located altogether within a closed building or room and ample provision for carrying away or dissipating fumes, odors, smoke or noise, and where premises are so arranged and the business is so conducted as not to be offensive or obnoxious to occupants of adjoining premises; florists'shops and landscape offices. 2. Alcoholic beverages may be served in hotels or motels containing fifty (50) or more guest renting rooms and in restaurants containing seats to accommodate not less than one hundred (100) customers. 3. Any building or improvement hereafter constructed shall be con- crete block type construction. 4. No building shall be located nearer to the front line than 25 feet or nearer to the side line on corners than 25 feet or nearer than 25 feet to rear line. No building shall be constructed nearer than 25 feet to the property line on lots abutting a waterway. 5. No noxious or offensive trade shall be carried on upon any portioni of tract or lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 6. No animals, livestock or poultry of any kind shall be raised, bred or kept on any portion of tract or 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, 7. No portion of tract or lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equip- ment for the storage or disposition of such material shall be kept in a clean and sanitary condition. 8. A suitable shrubbery screening shall be placed and maintained where the said lots abut the residential property. PACE TWO n A; } 9. The subdivider may include in any declaration of restrictions, contract, agreement for deed or deed -he -re -after- made-, rove ring -other- property, any additional conditions, restrictions and covenants. - 10. No building shall be erected on any- lot,= until- the design and location thereof has been approved, in writing, by -a committee, appointed by GENERAL DEPELOaUNT CORPORATION, - a Delaware rorparation., or elected by a majority of the owners of the property first hereinabove described; provided, however, in the event such committee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provided the design and location of the lot conforms to and is iw harmony with the existing structures on the lots first hereinabove described. In the event -of a violation -or breach -of- any of the- foregoing - - restrictions by any person, or by= virtue -of- any -judicial proneedin- the -subdivider, and -its successors and- assigns, and' the -,owneis=of-_re-- sidential lots, shall have the ---right to proceed at law or in` -equity to compel a compliance with said restrictions or to prevent the violation or breach of any of them. In addition to the foregoing right, -the subdivider shall have the right whenever there shall have been built on said property any structure whfch'is in violation of said restric- tions, to enter upon the property 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-enforce-.any right, reservation, restriction or condition hereinabove set forth, however,long continued, shall -not -be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto, and shall not bar of affect its en- forcement. The invalidation by any court of any one of said restric- tions shall in nowise -affect any of the other restrictions, but they shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be execlrted-by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County,Florid a, this - 0 day of frl_� , 1960. PAGE T11RBE OFFICIAL RECUT?() POOR 1i 61 DIU 166 ?4GE 632 GENERAL DEVELOPMENT CORPORATION .(SEAL) ` w+ Fr.• B Its PresLdent: i � 4� G�ti�fl • C; Attest:•�.'� = _ a Secretat,�^.• enJ `•'t' - _ STATE OF FLORIDA ) COUNTY OF DADE ) 77 Z -- :_ I HERESY CERTIFY that on this -� day of /- 19609 -- before me personally appeared F.E.MACKLE, JR., and E.J.MACKLE, President -and Secretary-, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware :corporation, to me known to be the persons who signed the foregoing in- �trument.as.such.officers, and severally acknowledged the execution thereof :to be their free act and deed as such officers £or the uses and purposes therein mentioned,. and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said _corporation. _ WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day =d year last aforesaid. •+ ". � Oi.• 177 Notary Public, State of Florida at Large My commission expires- Vc'tr1 Pu'N, Stcte of Ef ria �� L�;sar•;'�``' My Ex,:ros 1ci'y. i3; 1353 ` Bonoad By American fire 8 Carwaly-Co....... '• PAGE FOUR co rn C" c-� o "r� C -i c-�( r• -o C> 70—: rJ1.-� r -TI a - C1 rn G ni w GENERAL DEVELOPMENT CORPORATION a Delaware corporation DECLARATION OF RESTRICTIONS TO V404 IT MAY CONCERN # WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, authorized to transact business in Florida, is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 9, a subdivision in Ind anRiver County, Florida, according to the plat thereof, recorded in Plat Book 6, at pages -36 & 36A of the Public Records of Indian River County, Florida and, WHEREAS, the property above described is not subject to any restrictions and limitations of record; and, WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 9 excepting therefrom Tract A, of said subdivision, is intended; NCN, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, excepting however, Tract A, located in the following described property, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HICFg-kNDS SUBDIVISION, UNIT 9, a subdivision in Indian River County, Florida,.according to the plat thereof, recorded in Plat Book 6, at•paoes 36 & 36A of the Public Records of Indian River County, Florida, h � r; OFFICIAL OFFICIAL RECORD non 99 PAGE000 are hereby restricted as follows, and all of which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shaft be as follows; to wits 1. Each and every of the lots, excepting, however, Tract A, situated in said SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 9 shall be known and described as residence lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling not to exceed two stories in height and a one oir two car garage. 2. On water front lots, no building shall be erected on any part thereof nearer than twenty. -five (25) feet to the front lot line abutting the canal, nor nearer to the rear line which is the line abutting the street, than twenty -.five (25) /seven and one half feet, nor nearer than :%'t (.71 feet to any side lot line. The side lAt Line and the rear line, which is the line abutting the street, shall not apply to a garage located fifty (50) feet or more from the minimum building setback line from the high water mark of the water. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that chis shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 3. On all other lots, other than water front lots, no - building shall be erected on any of said lots nearer than twenty -.five (25) feet to the front lot lines of said lots, nor nearer than72 feet to any side lot line, nor nearer than twenty-five (25) feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not Page Twp i apply to a garage located fifty (50) feet or more from the minimum building setback line, except that on corner lots no structure shall be permitted nearer than twenty—five (25) feet to the front lot line of said corner lot, nor nearer than fifteen (15) feet to the rear lot line, nor nearer than.fifteen (15) feet to the side street line. For the purpose of this covenagt: eaves, .steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 4. No residence lot shall be resubdivided into building lots having less than 7,500 square feet, nor having a width of less than seventy—five (75) feet at the minimum building setback line. No building shall be erected on any water front residence building lot having an area of less than nine hundred (900) square feet for a one story building; nor less than 1080 square feet (ground area) for a dwelling of more than one story. On all other lots, other than water front lots, no building shall be erected on any residence building lot having an area of less than 400 square feet for a one story building; nor less than 720 square feet (ground area) for a dwelling of more than one story. 5. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS SUBDIVISON, UNIT 9 but a dock extending such a distance from the line of the high watermark of the water front lots as may be approved by GENERAL DEVELOPMENT CORPORATION may be permitted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. No boat canal or other waterways shall be dug or excavated into any of the water front lots. No mooring pile shall be placed more than 20 feet beyond the high Nater mark of any water front lot, and no mooring pile shall be placed nearer than eight (8) feet to a line formed by the projection of the side lines Page Three 6a0K 99 PAGE301 OFFICIAL R11--cWD 1 OFFI%.? RECORD Book 99 PAGE -362 of the water front lot. No lot or parcel shall be increased in size by filling in the waters on which it abuts. No sea wall shall be erbcted or constructed in this Subdivision unless and until its location, design, materials, structure, strength, etc., shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. 6. No noxious or offensive trade shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. 8. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than five (5) 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. 9. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 10. 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. 11. No lot shall be used or maintained as a dumping ground for rubbish. Trash•, garbage or other waste shall not be kept. except in sanitary containers. All incinerators or other Page Four I • equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. 12. No building shall be erected on any residence lot, until the design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPCRATION, a Delaware corporation, or elected by a majority of th6 owners of the property first hereinabove described; provided, however, in the event such a committee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provided the design and location of the lot conforms to and is in harmony with the existing structures on the lots first here— inabove described. In any event, either with or without approval of the Committee, the ground floor square feet of any building on a residence water front lot shall be not less than 900 square feet in the case of a one story structure, nor less than 1080 square feet (ground area) in the case of a 11 or 2 story structure, and the ground floor square feet of any building on the other lots, other than water front lots, shall not be less than 600 square feet in the case of a one story structure, nor less than 720 square feet (ground area) in the case of a 11 or 2 story Otructure. 13. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road— ways shall he placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty—five (25) feet from the intersecti-3n of the street linesq or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight lines limitations shall apply on any lot within ten 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 said distance of said intersections unless tho foilage line is maintained at sufficient height to pr©vent obstruction of such sight lines. ,j. Page Five BOOK Y9 I'AG1 0' 3 nFFIC1n1_ RIL'_ )f?D OFFICIAL K'CUIRD Bon 99 P,^,6L364 14. The easements shown on the plat of SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 9, recorded in Plat Book 6, at pages 36 -& 36A of the- Public Records- of- Indian- River -County, Florida are hereby reserved -as perpetual easements for installations and maintenance. ----- 15. These covenants and restrictions-are-to=run-ovfth the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980 at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years unless, by vote of a majority of the then owners of the lots, it -is - agreed to change said covenants in whole.or_.in part.-- = --�- 16. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through -.or under GENERAL DEVELOPMENT CCRPORATION,-or.by_vir-tueaoi-auy---- judicial proceedings, GENERAL DEVELOPMENT CORPORATION, and the lot owners, or any of them jointly or 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. In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, shall have the right when- ever 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 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 enforce any right, reservation, restriction or condition contained in this declaration -of restrictions; -how- ever long continued, shall not be deemed a waiver of the right to do so thereafter as to -the same breach or`as-to-a breach occurring prior or subsequent thereto and shall not bar or affect -its enforcement. 17. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of -the other --.- provisions which shall remain in full force and effect. Page Six IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this 31st day of March 196% GENERAL DEVELOPMENT CORPORATION (SEAL) B Its President c� r = ' Attests- % �' °°'°•.,�°°�° _ I s Secretary G ?f: u0 ,N STATE OF FLORIDA ) s COUNTY OF DADE ) I HEREBY CERTIFY THAT on this 31st day ofMarch 1960 before me personally appeared F.E,MACKLE, JR and E.J.MACKZE President and Secretary , respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. �,.�'` .•;.. ''' Notary Public, State of Florida at Lugo .My commission expires: vitay Public, state of Florida ct lar;r V'y Cainiir.li:sion Er.c.'res h:y 0, t ,63 Page Seven Iona a, Am°„c°n Na a c °t, co. C. - r r1 BOOK �� ()H-IC,IAI- GENERAL DEVELOPMENT CORPORATION a Delaware corporation ;* TO VIMM IT MAY CONCERN • Bno� 99 ma'366 DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, authorized to transact business in Florida, is the owner of the following described property, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 101 a subdivision -`in`rnaM Rfver County, Florida, according to the plat thereof, recorded in Plat Book 6, at pages 37 & 37A through 37 0 of the Public Records of Indian River County, Florida; and, WHEREAS, the property above described is not subject to any restrictions and limitations of record; and, Z+TFLEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 10, excepting therefrom Tracts A,B,C,D,E,F,G,H,J, Block 268, Block 300; Lots 1-16, Block 214; Lots 1-13 & 28, Block 236; Lots 1-3, Block 237; Lots 1-14, Block 238; Lots 1-16, Block 239; Lots 1, 37 & 38, Block 249; Lots 1, 38 & 39, Block 250, of said subdivision, is intended; NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, excepting however, Tracts A,B,C,D,E,F,G,H,J, Block 268, Block 300, Lotsl-16, Block 214; Lots 1-13 & 28, Block 236; Lots 1-3, Block 237; Lots 1-14, Block 238; Lots 1-16, Block 239, Lots 1, 37 1 38, Block 249, Lots 1, 38 & 39, Block 250, located in the following describdd property, situate, lying and being in Indian River County, Florida; to wit: SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 10, a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 6, at pages 37 & 37A through 37 0 of the Public Records of Indian River County, Florida; are hereby restricted as follows, and all.of which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof, and that said restrictions and limitations are intended to be and shall be taken as covenants to run with the land, and shall be as follows; to wit: 1. Each and every of the lots, excepting, however, Tracts A,B,C, D,E,F,G,H,J, Block 268, Block 300, Lots 1-16, Block 214; Lots 1-13 & 28, Block 236; Lots 1-3, Block 237; Lots 1-14, Block 238; Lots 1-16, Block 239, Lots 1, 37 & 38, Block 249, Lots 1, 38 & 39, Block 250, situated in said SKBASTIAN HIGHLANDS SUBDIVISION, UNIT.' 10 shall be known and described as residence lots, PACS Ii ONE and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling not. to exceed two stories in height and a one or two car garage. 2. On water front lots, no building shall be erected on any part ,16, thereof nearer than twenty-five (25) feet to the front lot line abutting the ,,i canal, nor nearer to the rear line which is the line abutting the street, than twenty-five (25) feet, nor nearer than seven and one half (72) feet to any side lot line. The side lot line and the rear line, which is the line abutting the vstreet, shall not apply to a garage located fifty (50) feet or more from the ,;Minimum building setback line from the high water mark of the water. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed �k to permit any portion of a building on a lot to encroacIi upon another lot. 3. On all other lots, other than water front lots, no building shall be erected on any of said lots nearer thanT+twenty-five (25) feetto the front lot lines of said lots, nor nearer than 72 feet to any side lot line, nor nearer than twenty-five (25) feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not apply to a garage located fifty (50) feet or more from the minimum building setback line, except that on corner lots no structure shall be permitted nearer than twentyefive (25) feet to the front lot line of said corner lot, nor nearer than fifteen (15) feet to the rear lot line, nor nearer than fifteen (15) feet to the side street line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. 4. No residence lot shall be resubdivided into building lots having less than 10,000 square feet, nor having a width of less than seventy-five (75) feet at the minimum building setback line. No building shall be erected on any water front residence building lot having an area of less than nine hundred (900) square feet for a one story building; nor less than 1080 square feet (ground area) for a dwelling of more than one story. On all other lots, other than water front lots, no building shall be erected on any residence building lot having an area of less than 600 square feet for a one story building; nor less than 720 square feet (ground area) for a dwelling of more than one story. BnDK �i� pAliE 3GI OFFICIAL RF -CORD i OFFICIAL RECORD ROOK 99 PAut-368 5. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 10, but a dock extending such a distance from the line of the high water mark of the water front lots as may be approved by GENERAL DEVELOPMENT CORPORATION may be permitted; and no boat landing, dock or pier shall be constructed until Ue pla1ns.and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. No boat canal or other waterways shall be dug or excavated into any of the water front lots. No mooring pile shall be placed more than 20 feet beyond the high water mark of any water front lot, and no mooring pile shall be placed nearer than '.eight (8) feet to a line formed by the projection of the side lines of thw water front lot. No lot or parcel shall be increased in size by filling in the waters on which it abuts. No sea wall shall be erected or constructed in this subdivision unless and until its location, design, materials, structure, strenght, etc., shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. 6. No noxious or offensive trade shall be carried on or upon any lot, nor shall anything be done thereon which may, be or become an annoyance or nuisance to the neighborhood. 7. No trailer, basement, tent, shack, garage, barn or other out- building erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. 8. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than five (5) 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. 9. No oil drilling, oil development operation, oil refining. quarrying or mining operetions of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 10. 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. PAGE T11REE • - 11. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. 12. No building shall be erected on any residence lot, until the r. design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, or elected by a majority of the owners of the property Erst hereinabove described; A - i � provided, however „ in the event such a.committee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provided the design and location of the lot conforms to and is in harmony with the existing structures on the lots first hereinabove described. In any event, either with or without approval of the Committee, the ground floor square feet of any building on a residence water front lot shall be not less than 900 square feet in the case of a one story structure, nor less than 1080 square feet (ground area) in the case of a 12 or 2 story structure, and the ground floor'square feet of any building on the other.lots, other than .y water front lots, shall not be less than 600 square feet in the case of a one story structure, nor less than 720 square feet (ground area) in the case of a 12 or 2 story structure. L 13. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property .lines and a line connecting them at points twenty-five (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 lines limitations shall apply on any lot within ten 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 said distance of said inter- sections unless the foilage line is maintained at sufficient height to prevent obstruction of such sight lines. OFFICIAL K -L -CURD PAGE FOUR ROOK 99 PAGE� i nFFIciaL RLuiUR 7 • BDOH 99 PAuE370 14. The easements shown on the plat of SEBASTIAN HIGHLANDS, UNIT 101 recorded in Plat Book 6, at pages 37 & 37A through 37 0 of.the Public Records of Indian River County, Florida, are hereby reserved as perpetual easements for installations and maintenance. 15. These covenants and restrictions are to run witli ,the land and shall be binding on all the parties and all persons claiming under them until February 1, 1980, at which time said covenants.and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. M 16. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMENT CORPORATION, or by virtue of any judicial proceedings, GENERAL DEVELOPMENT CORPORATION, and the lot owners, or any of them jointly or 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. In addition to the foregoing, GENERAL DWELOP,MENT CORPORATION, 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 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 enforce any right, reservation, restriction or condition contained in this declaration of restrEctions, how - JI ever long continued, shall nbt be deemed a waiver of the right to do so there- after as to the same breach or as to a breach occurring prior or subsequent there- to and shall not bar or affect its enforcement. 17. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. PAGE FIVE 9— IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this 31st ,lay of March`\``�\��i 1960. ,, _" ov GENERAL DEVELOPMENT .:CQRPQ�RATI i4:: (SEAL': By Its President—. Attest _ Z s Secretary STATE OF FLORIDA ) COUNTY OF RADE ) I HEREBY CERTIFY THAT on this 31st day of March 19601. before me personally appeared F.E. MACKLE, JR and E.J.MACKLE, President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. GG. lid It -loll," 1JJI 311(',,' „)1111, �, •,` "' Potary Public, State';bf, F7,orida.atL rge My commission expires• R ,,, ;j `:•r�'.c. S,;tc•oT Ftca;?a at t Jd„yaa'SY'Amun(an'�.•e 6 Ca,u,jj, Co. \ r PAGE SIX BDOk maKi i OFFICIAL RECORD GENERAL DEVELOPMENT CORPORATION a Delaware corporation DECLARATION OF RESTRICTIONS TO VROM IT MAY CONCERN WHEREAS, GENERAL DEVELOPMENT CORPORATIQN, a Delaware corporation, authorized to transact business in Florida, is the owner of the following described property, situate, lying and being in Indian River_County, Florida;.to wit: `. Lots 1-16, Block 214; Lots 1-13 & 28, Block 236; Lots 1-3; Block 237; Lots 1-14, Block 238; Lots 1-16, Block 239, Lots 1, 37 & 38, Block 249; Lots 1, 38 & 39, Block 250, located in SEBASTIAN HIGH- LANDS SUBDIVISION UNIT 10, a subdivision in Indian River County, Florida, according to the plat thereof, recorded in Plat Book 6, at pages 37 and 37A through 37 0 of the Public Records of Indian River County, Florida; and, WHEREAS, the property above described is not subject to any restrictions and limitations of record; and, 6 VIl-iEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to each and every of the lots located in SEBASTIAN HIGHLANDS SUBDIVISION „e UNIT 10 - of said subdivision, is intended; NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, does hereby declare that each and every of the lots, located in the following described property, situate, lying and being in Indian River County, Florida; to wit: Lots 1-16, Block 214; Lots 1-13 & 28, Block 236; Lots 1-3, Block 237; Lots 1-14, Block 238; Lots 1-16, Block 239; Lots 1, 37 & 38, Block 249; Lots 1, 38 & 39, Block 250, located in SEBASTIAN HIGH- LANDS SUBDIVISION UNIT 10, a subdivision in Indian River County, Florida,- according to the plat thereof., recorded in Plat Book 6, at pages 37 and 37A through 37 0 of the Public Records of Indian River County, Florida; cn r�t�:� .11 )�: � ly � :.. r• t Gs Cn C rn - ! � ✓ �' � � "r rte- d :1vQ (7� •� ii X11,cltn I:�(�1- r OFFICIAL RLCORa BOOK ,aA86 are hereby restricted as follows, and all of.which restrictions and limitations are intended to be and shall be taken as a consideration for any agreement for deed or any deed of conveyance hereafter made, and one of the express conditions thereof, and that said restrictions and limitations are intended to bp and shall be taken as covenants to run with the land, and shall be as follows; to Witt 1. Each and every of the lots, m , situated in said SEBASTIAN HIGHLANDS SUBDIVISION UNIT 10 shall be known and described as residence lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling not to exceed two stories in height and a one P!r two car garage. 2. -On water front lots, no building shall be erected on any part thereof nearer than twenty-five (25) feet to the front lot line abutting the canal, nor nearer to the rear line which is the line abutting the street, than twenty -.five (25) /seven and one half feet, nor nearer than :*t*t (72 feet to any side lot line. The side lot line and the rear line, which is the line abutting the street, shall not apply to a garage located fifty (50) feet or more from the minimum building setback line from the high water mark of the water. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of the building, provided, however, that i►his shall not be construed to permit any portion of a building on a lot to encroach upon another lit. 3. On all other lots, other than water front lots, no building shall be erected on any of said lots nearer than thirty-eight (38) feet to the front lot lines of said lots, nor nearer than 72 feet to any side lot line, nor nearer than twenty-five (25) feet to the rear lot lines of said lots. The side lot line and the rear lot line shall not Page Two - - Q�r`L CL apply to a garage -located fifty (50) feet or more from'the minimum building setback line, except that on corner lots no thirty-eight (38) structure -shall` be' permitted nearer than -feet to the front lot line -of said corner -lot; nor-nearer=than-fifteen (15) -feet to the -rear lot line;- nor nearer- than fifteen (15) feet to the side street -line. For the purpose of this coventnt,-eaves, steps -and open porches shall not -be considered as -a=part of a building, provided, however, that this shall not be construed to permit any -portion of a building -on a lot to encroach upon another lot. - 4. No residence lot shall be resubdivided into building lots having less -than -101000-square feet, -nor having a width of less than seventy—five (75) -feet at the minimum building setback line. -No building shall be -erected - on any. -waterfront residence building lot raving an area of less than nine hundred (900) -square feet for a one story building; nor less than 1080 square feet (ground area) for a -dwelling of more tha-n one story.On all other -lots, other than water front lots, no - building shall be erected on -any residence building lot having -an area of less than t00 square feet for a one story building; nor less than 720 square feet (ground area) for a dwelling of more than one story. 5. No boat house or dock building shall be.erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS SUBDIVISION UNIT 10 but a dock extending such a distance from the line of the high water mark of the water front lots as may be approved by GENERAL DEVELOPMENT CORPORATION may be permii.ted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. No boat canal or other waterways shall be dug yr excavated into any of the waterfront lots. No mooring pile shall be placed more than 20 feet beyond the high water mark of any water -front lot, and no mooring pile sha-11 be placed nearer than eight (8) feet to a line formed by the projection of the side lines Page Three OFFICIAL t`L-l;uizC)6001; i_0�. PAUJ-81 OFFICIAL RECURD' enax 10_1 PAU1.1 8d of the water front lot. No lot or parcel shall be increased in size by filling in the waters on which it abuts. No sea wall shall be erbcted or constructed in this Subdivision unless and until its location, design, materials, structure, strength, etc., shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION. 6. No noxious or offensive trade shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. 8. No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, or one (1) sign of not more than - five (5) 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. 9. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 10. 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. 11. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept. except in sanitary containers. All incinerators or other Page Four equipment for the storage or disposition of such materials shall be kept in a clean and sanitary condition. 12. No building shall be erected on any residence lot, until the design and location thereof has been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPMATION, a . Delaware corporation, or elected by a majority of the owners of the property first hereinabove described; provided, however, In the event such a committee is not in existance, or fails to approve or disapprove such design or location within thirty (30) days, then such approval will not be required, provided the design and location of the lot conforms to and is in harmony with the existing structures on the lots first here— inabove described. In any event, either with or without approval of the Committee, the ground floor square feet of any building on a residence water front lot shall be not less than 900 square feet in the case of a one story structure, nor less than 1080 square feet (ground aria) in the case of a 12 or 2 story structure, and the ground floor square feet of any building on the other lots, other than water front lots, shall not be less than 600 square feet in the case of a one story structure, nor less than 720 square feet (ground area) in the case of a 21 or 2 story structure. 13. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road— ways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty—five (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 lines limitations shall apply on any lot within ten 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 said distance of said intersections unless tho foilage line is maintained at sufficient height to prevent obstruction of such sight lines. Page Five OFFICIAL 'RECORD BOOK , 01 PAUJlbU 14. The easements shown on the plat of SEBASTIAN HIGHLANDS SUBDIVISION UNIT 10, recorded in Plat Book 6, at pages 37 and 37A through 37 O of the Public Records of Indian River County, Florida, are hereby reserved as perpetual easements for installations and maintenance. 15. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until April 1, 1980 at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. 16. In the event of a violation or breach of any of these restricti6ns by any person or concern claiming by, through or under GENERAL DEVELOPMENT CCRPORATION, or by virtue of any judicial proceedings, GENERAL DEVELOPMENT CORPORATION, and the lot owners, or any of them jointly or 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. In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, shall have the right when— ever 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 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 enforce any right, reservation, restriction or condition contained in this declaration of restrictions, how— ever long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 17. Invalidation of any of these covenants by judgment, decree or court order shall in nowise affect any of the other provisions which shall remain in full force and effeot. Page Six IN WITNESS HEREOF, GENERAL DEVELOPt.'ENT CORPCRATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this/D day of +;4 1960. GENERAL DEVELOPf,1ENT CORPORATION: (SEk By= o, - r= Its President /777 Attest: . tt Its ,Secretary STATE OF FLORIDA ) COUNTY OF D}ADE ) I HEREBY CERTIFY THAT on this/6 day of 1960, before me personally appeared F.E.MACKLE, JR and E.J.MACKLE President and Secretary ', respectively, of GENERAL DEVELOPMENT CORPCRATION, a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. a Notary Public, State of Florida,,at L,Irgo, .. My commission expires'! �1�:cr� Pur�!it.rstale o1;F1ari�i at Large Vq Co,:nm ,s'on lx;:'r;s .. �- E•>n <'a� pr..nm•nc.n f,i0 6 C•..•r C,+. Page Seven , 11CC 1!`1111 !—.•_. .`i:.'l '. GENERAL DEVELOPMENT CORPORATION A DELAWARE CORPORATION _ -* - - DECLARATION OF - TO WHOM IT MAY CONCERN_.•, -*�_ _..._RE$.TRICTIONS WHEREAS, -GENERAL. -DEVELOPMENT CORPORATION, -A DELAWARE CORPORATION, AUTHORIZED TO DO BUSINESS IN THE -STATE OF -FLORIDA, IS -THE OWNER OF THE FOLLOWING DESCRIBED PROPERTY, TO -WIT:` -SEBASTIAN HIGHLANDS UNIT 11, A SUBDIVISION IN INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK- 7, AT PAGES 56 &.56A THROUGH 56L OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; AND, -WHEREAS,,_THE. PROPERTY ABOVE DESCRIBED-IS—NOT•SUBJECT TO RESTRICTIONS AND LIMITATIONS OF RECORD; AND --- __ WHEREAS, ITIS NOW DESIRED BY GENERAL DEVELOPMENT CORP- ORATION, TO PLACE RESTRICTIONS AND LIMITATIONS OF RECORD AS TO THE'USE OF EACH AND EVERY OF THE LOTS LOCATED IN SAID SUBDIVISION, EXCEPTING THEREFROM TRACTS "Au$ "Btti tical ttl)"$ "Etts ttFtt$ "Guq "Hits 11 jus "Ktt & "Ln NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION DOES HEREBY DECLARE THAT EACH AND EVERY OF THE SAID LOTS ARE HEREBY RESTRICTED AS FOLLOWS: t. ALL LOTS IN ALL BLOCKS SHALL BE KNOWN AND DESCRIBED AS SINGLE FAMILY RESIDENCE LOTS, AND NO STRUCTURE SHALL BE CONSTRUCTED OR ERECTED ON ANY SINGLE FAMILY RESIDENCE LOT OTHER THAN ONE SINGLE FAMILY DWELLING NOT TO EXCEED TWO (2) STORIES IN HEIGHT AND A TWO (2) CAR GARAGE. NO SINGLE RESIDENCE LOT LISTED IN THIS PARAGRAPH SHALL BE RE— SUBDIVIDED INTO BUILDING LOTS HAVING LESS THAN TEN THOUSAND (10,000) SQUARE FEET, NOR HAVING A WIDTH OF LESS THAN SEVENTY— FIVE (75) FEET AT THEMINIMUMBUILDING SET BACK LINE. NOR SHALL ANY STRUCTURE BE ERECTED ON SAID LOTS HAVING AN AREA OF LESS THAN 600 SQUARE FEET FOR A ONE STORY BUILDING; NOR LESS -•_ _ THAN 720 SQUARE FEET(GROUND AREA) FOR MORE-THAN- A'ONE STORY BUILDING. OFFICIAL RECORD Boor, 222 PAGE I 2. BUILDING SETBACK REQUIREMENTS: (A) ON LOTS 1, BLOCK 364; LOTS 1 THRU 14, BLOCK 346; LOTS 13 THRU 24, BLOCK 345, NO STRUCTURE AND/OR ENCLOSED SWIMMING POOL SHALL BE ERECTED ON ANY OF SAID LOTS NEARER THAN THIRTY-EIGHT (38) FEET TO THE FRONT LOT LINE WHICH IS THE LINE ABUTTING LACONIA STREET{AS DELINEATED UPON THE AFOREMENTIONED PLAT OF SEBASTIAN HIGHLANDS UNIT 11; NOR NEARER THAN TWENTY-FIVE (25) FEET TO THE REAR LOT LINE; NOR NEARER THAN SEVEN -ONE-HALF (7-1/2) FEET TO SIDE LOT LINES. UNENCLOSED SWIMMING POOLS MAY BE ERECTED TO WITHIN FIFTEEN (15) FEET OF THE REAR LOT LINE. (B) ON ALL OTHER LOTS IN ALL BLOCKS, NO STRUCTURE AND/OR ENCLOSED SWIMMING POOL SHALL BE ERECTED ON ANY OF SAID LOTS NEARER THAN TWENTY-FIVE (25) FEET TO THE FRONT LINE, WHICH IS THE LINE ABUTTING THE STREET; NOR NEARER THAN TWENTY-FIVE (25) FEET TO THE REAR LOT LINE; NOR NEARER T.IAN SEVEN -ONE-HALF (7-1/2) FEET TO SIDE LOT LI -NES. UNENCLOSED SWIMMING POOLS MAY BE ERECTED TO WITHIN FIFTEEN (15) FEET OF THE REAR LOT LINE. (C) AS TO ANY LOT ENCOMPASSED WITHIN (A) OR (B) ABOVE WHICH , IS A CORNER LOT, NO STRUCTURE SHALL BE PERMITTED NEARER THAN FIFTEEN (15) FEET TO THE SIDE STREET LINE. WITH RESPECT TO ALL OF THE FOREGOING AND POR THE PURPOSE OF THE COVENANTS SET FORTH IN THIS PARAGRAPH, EAVES, STEPS AND OPEN PATIOS, PROVIDED THEY ARE UNROOFED, SHALL NOT BE CONSIDERED AS A PART OF A BUILDING; PROVIDED, �\ HOWEVER, THAT THIS SHALL NOT BE CONSTRUED TO PERMIT ANY PORTION OF A BUILDING TO ENCROACH UPON ANOTHER LOT OR INTO OR UPON AN EASEMENT. 3. NO BUILDING OR OTHER STRUCTURE SHALL BE ERECTED ON ANY SAID LOTS UNTIL THE PLANS AND/OR SPECIFICATIONS FOR THE DESIGN AND LOCATION THEREFOR HAS BEEN APPROVED, IN WRITING, BY A COMMITTEE APPOINTED BY GENERAL DEVELOPMENT CORPORATION OR ELECTED BY THE OWNERS OF RECORD OF A MAJORITY OF THE LOTS FIRST HEREINABOVE DESCRIBED; PROVIDED, HOWEVER, IF APPROVAL OR DISAPPROVAL OF -2- SUCH DESIGN OR LOCATION IS NOT FORWARDED TO THE APPLICANT WITHIN THIRTY (30) DAYS AFTER BATE OF REQUEST FOR APPROVAL, THEN SUCH APPROVAL WILL NOT BE REQUIRED, PROVIDED THE DESIGN AND LOCATION OF THE LOT CONFORMS TO AND IS IN HARMONY WITH THE EXISTING STRUCTURES ON THE LOTS FIRST HEREINABOVE DES- CRIBED AND THESE COVENANTS. .j . 4. NO BOAT HOUSE OR DOCK BUILDING SHALL BE ERECTED ON OR ADJOIN- ING ANY OF THE LOTS IN SEBASTIAN HIGHLANDS SUBDIVISION, UNIT 11, BUT A DOCK EXTENDING SUCH A DISTANCE FROM THE LINE OF THE HIGH WATER MARK OF THE WATER FRONT LOTS AS MAY BE APPROVED BY GENERAL DEVELOPMENT CORPORATION MAY BE PERMITTED; AND NO BOAT LANDING, DOCK OR PIER SHALL BE CONSTRUCTED UNTIL THE PLANS AND SPECIFICATIONS THEREOF SHALL HAVE BEEN APPROVED IN WRITING BY GENERAL DEVELOPMENT CORPORATION. No BOAT CANAL OR OTHER WATERWAYS SHALL BE DUG OR EXCAVATED INTO ANY OF THE WATER FRONT LOTS. NO MOORING PILE SHALL BE PLACED MORE THAN 20 FEET BEYOND THE HIGH WATER MARK OF ANY WATER FRONT LOT, AND NO MOORING PILE SHALL BE PLACED NEARER THAN EIGHT (B) FEET TO A LINE FORMED BY THE PROJECTION OF THE SIDE LINES OF THE WATER FRONT LOT. NO LOT OR PARCEL SHALL BE INCREASED IN SIZE BY FILLING IN THE WATERS ON WHICH IT ABUTS. NO SEA WALL SHALL BE ERECTED OR CONSTRUCTED IN THIS SUBDIVISION UNLESS AND UNTIL ITS LOCATION, DESIGN, MATERIALS, STRUCTURE, STRENGTH, ETC., SHALL HAVE BEEN APPROVED IN WRITING BY GENERAL DEVELOPMENT CORPORATION. " S. NO NOXIOUS OR OFFENSIVE TRADE SHALL BE CARRIED ON OR UPON ANY LOT, NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. 6. NO TRAILER, BASEMENT, TENT, SHACK, GARAGE, BARN OR OTHER OUT- BUILDING ERECTED ON ANY LOT SHALL AT ANY TIME BE USED AS A RESIDENCE, TEMPORARILY OR PERMANENTLY, NOR SHALL ANY RESIDENCE OF A TEMPORARY CHARACTCR BE PERMITTED. OFFICIAL 'RECORI) BOOK 4,22 PACE 3 -3- %. NO SIGN OF ANY KIND SHALL BE DISPLAYED TO THE PUBLIC VIEW ON ANY LOT, EXCEPT ONE �� PROFESSIONAL SIGN OF NOT MORE THAN ONE (J) SQUARE FOOT, OR ONE (1) SIGN OF NOT MORE THAN FIVE (5) 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. j S. NO OIL DRILLING, OIL DEVELOPMENT OPERATION, OIL REFINING, QUARRYING OR MINING OPERATIONS OF ANY KIND SHALL BE PERMITTED UPON OR IN ANY LOT, NOR SHALL OIL WELLS, TANKS, TUNNELS, MINERAL EXCAVATION OR SHAFTS BE PERMITTED UPON OR IN ANY LOT. NO DERRICK OR OTHER STRUCTURE DESIGNED FOR USE IN BORING FOR OIL OR NATURAL GAS SHALL BE ERECTED, MAINTAINED OR PERMITTED UPON ANY LOT. 9. NO ANIMALS, LIVESTOCK OR POULTRY OF ANY KIND SHALL BE RAISED BRED OR KEPT ON ANY LOTJ EXCEPT THAT DOGS, CATS OR OTHER HOUSEHOLD PETS MAY BE KEPT, PROVIDED THAT THEY ARE NOT KEPT, BRED OR MAINTAINED FOR ANY COMMERCIAL PURPOSE. 10. NO LOT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND FOR RUBBISH. TRASH, GARBAGE OR OTHER WASTE SHALL NOT BE KEPT, EXCEPT IN SANITARY CONTAINERS. ALL INCINERATORS OR OTHER EQUIPMENT FOR THE STORAGE OR DISPOSITION OF SUCH MATERIALS SHALL BE KEPT &,k A CLEAN AND SANITARY CONDITION. 11. NO FENCE, WALL, HEDGE OR SHRUB PLANTING WHICH OBSTRUCTS SIGHT LINES -AT ELEVATIONS BETWEEN TWO AND SIX FEET ABOVE THE ROAD- WAYS SHALL BE PLACED OR PERMITTED TO REMAIN ON ANY CORNER LOT WITHIN THE TRIANGULAR AREA FORMED BY THE STREET PROPERTY LINES AND A LINE CONNECTING THEM AT POINTS TWENTY-FIVE (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 LINES LIMITATIONS SHALL APPLY ON ANY LOT WITHIN TEN FEET FROM THE INTERSECTION OF A STREET PROPERTY LINE WITH THE EDGE OF A -4- 0 DRIVEWAY OR ALLEY PAVEMENT. NO TREE SHALL BE PERMITTED TO REMAIN SAID DISTANCE OF SAID INTERSECTIONS UNLESS THE FOILAGE LINE IS MAINTAINED AT SUFFICIENT HEIGHT TO PREVENT OBSTRUCTION OF SUCH SIGHT LINES. 12. EASEMENTS FOR THE INSTALLATION AND MAINTENANCE Of PUBLIC UTILITIES AND DRAINAGE FACILITIES ARE RESERVED AS NOTED ON THE RECORDED PLAT. WITHIN THESE EASEMENTS, NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACED OR PERMITTED TO REMAIN WHICH MAY DAMAGE, IMPAIR OR INTERFERE WITH THE INSTALLATION AND MAINTENANCE OF UTILITIES. THE EASEMENT AREA OF EACH LOT AND ALL PERMITTED IMPROVEMENTS WITHIN SAID EASEMENT AREA SHALL BE MAINTAINED CONTINUOUSLY BY THE OWNER OF THE LOT, EXCEPT FOR THOSE IMPROVEMENTS FOR WHICH A PUBLIC AUTHORITY OR UTILITY COMPANY IS RESPONSIBLE. 13. THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM, UNTIL THIRTY (30) YEARS FROM THE DATE OF RECORDING HAS ELAPSED, AT WHICH TIME SAID COVENANTS AND RESTRICTIONS SHALL AUTOMATICALLY BE EXTENDED FOR SUCCESSIVE PERIODS OF TEN (10) YEARS; PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE FORE- I GOING DATE REFERENCE CONTAINED IN THIS PARAGRAPH, SAID COV- ENANTS AND RESTRICTIONS MAY BE ALTERED, AMENDED OR RESCINDED IN WHOLE OR IN PART AT ANY TIME BY THE THEN FEE -OWNER OR FEE - OWNERS APPEARING OF RECORD OF A MAJORITY OF THE LOTS AFFECTED BY THE RESPECTIVE PROVISIONS OF THESE RESTRICTIONS. 14. IN THE EVENT OF A VIOLATION OR BREACH OF ANY OF THESE RESTRICT- IONS BY ANY PERSON OR CONCERN CLAIMING BY, THROUGH OR UNDER GENERAL DEVELOPMENT CORPORATION, OR BY VIRTUE OF ANY JUDICIAL PROCEEDINGS, GENERAL DEVELOPMENT CORPORATION, ITS SUCCESSORS, OR ASSIGNS, AND THE THEN LOT OWNERS OF RECORD, OR ANY OF THEM JOINTLY OR 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. 0 FFICIAI,- Rf-CC)RQ -5- BOOK 222 PAGE 5 IN ADDITION TO THE FOREGOING, GENERAL DEVELOPMENT CORPORATION, ITS SUCCESSORS OR ASSIGNS, SHALL HAVE THE RIGHT WHENEVER THERE SHALL HAVE BEEN BUILT ON ANY LOT, ANY STRUCTURE WHICH IS IN VIOLATION OF THESE COVENANTS, TO ENTER UPON THE PROPERTY WHERE SUCH VIOLATION EXISTS AND SUMMARILY ABATE OR REMOVE THE SAME +r AT THE EXPENSE OF THE OWNER; AND SUCH ENTRY ANq ABATEMENT OR REMOVAL SHALL NOT BE DEEMED A TRESPASS. THE FAILURE TO ENFORCE ANY RIGHT, RESERVATION, RESTRICTION OR CONDITION CONTAINED IN THIS DECLARATION OF RESTRICTIONS, HOWEVER LONG CONTINUED, SHALL NOT BE DEEMED A WAIVER OF THE RIGHT TO DO SO THEREAFTER AS TO THE SAME BREACH OR AS TO A BREACH OCCURING PRIOR OR SUBSEQUENT THERETO AND SHALL NOT BAR OR AFFECT ITS ENFORCEMENT. 15. INVALIDATION OF ANY PORTION OF THESE COVENANTS BY JUDGMENT, DECREE OR COURT ORDER SHALL IN NOWISE AFFECT ANY OF THE OTHER PROVISIONS CONTAINED HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION, HAS CAUSED THESE PRESENTS TO BE EXECUTED BY ITS PROPER OFFICERS, WHO ARE THEREUNTO DULY AUTHORIZED, AND ITS CORPORATE SEAL TO BE AFFIXED, AT MIAMI, DADE COUNTY, FLORIDA THIS 15th DAY OF 1964. of� y y C'�r•.. -� GENERAL �,';' �,t'l� DEVELOPMENT CORPORATION �;`��•." ~.�5�`�� C Ts'L' ice P SIDENT-;, :: - t. L.n ATTEST: C'Gi=,..y� �. '� ►� .P11"v -a•,,; ,J �L �V ��...,. ,. ITs Asst. SECRETARY STATE OF FLORIDA ) SS COUNTY OF DADE ) HEREBY CERTIFY THAT ON THIS 15th DAY of September , 1964, 0 • BEFORE ME PERSONALLY APPEARED J. J. FINNEGAN R.OB ERT L. SEELEY Vic e�PRE Ass SStant RESIDENT AND /JECRETARY AND RESPECTIVELY, OF GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION, TO ME KNOWN TO BE THE PERSONS DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AS SUCH OFFICERS FOR THE USES AND PURPOSES THEREIN MENTIONED, {AND THAT THEY AFFIXED THERETO THE OFFICIAL SEAL OF SAID CORPORATION, AND THAT THE SAID INSTRUMENT IS THE ACT AND DEED OF SAID CORPORATION. WITNESS MY SIGNATURE AND OFFICIAL SEAL AT MIAMI, IN THE COUNTY OF DADE AND STATE OF FLORIDA, THE DAY AND YEAR LAST AFORESAID. 1 MY COMMISSION EXPIRES: NOTARY PUBLIC STATE MY COh1bUSSI0t1 E S BOND �,Qa• ,IG J -7- FORKyll r� 0VED ATTOR FY EY OTARY PUBL I'C, STATE OF DA AT LARGE a.� CD V 7-� p d P IJ C) d T Lis p ;,i W c �"s v 7-. nJ o �� a� -7- FORKyll r� 0VED ATTOR FY EY OTARY PUBL I'C, STATE OF DA AT LARGE a....... ;,i -7- FORKyll r� 0VED ATTOR FY EY • DECLARATION OF RESTRICTIONS AND COVENANTS GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION AUTHOR- IZED TO DO BUSINESS IN THE STATE OF FLORIDA, OWNER OF THE FOLLOWING DESCRIBED PROPERTY: SEBASTIAN HIGHLANDS UNIT 12 CITY OF SEBASTIAN ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7 , PAGES 57 AND 57A OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA HEREBY MAKES THE FOLLOWING DECLARATION OF RESTRICTIONS AND COVENANTS COVERING ALL OF THE LOTS AND TRACTS INCLUDED IN THE AFORESAID SUBDIVISION. A. PERMITTED USE T 1. ALL LOTS AND TRACTS SHALL BE KNOWN AND DESCRIBED AS BUSINESS LOTS, RESTRICTED TO COMMERCIAL -RETAIL USE AS PRESCRIBED BY ZONING CLASSIFI- `' CATION C-1 OF THE ZONING CODE AND REGULATIONS OF THE CITY OF SEBASTIAN, AND AS THE SAME MAY BE AMENDED FROM TIME TO TIME, SUBJECT, HOWEVER, TO THE EXCLUSION OF THOSE BUSINESS USES EXPRESSLY PROHIBITED UNDER PARAGRAPH B OF THESE RESTRICTIONS. 2. ALL BUSINESS MUST BE CONDUCTED ENTIRELY WITHIN THE CONFINES OF THE BUILDING AND NO MATERIALS, BILLBOARDS, OUTDOOR ADVERTISING OR COMMOD- ITIES AND ARTICLES FOR SALE CAN BE DISPLAYED OUTSIDE THE WALLS OF THE BUILDING. 3. ALCOHOLIC BEVERAGES MAY BE SERVED ONLY IN A HOTEL OR MOTEL CONTAINING FIFTY (50) OR MORE GUEST ROOMS AND IN RESTAURANTS CONTAINING SEATS TO ACCOMMODATE NOT LESS THAN ONE HUNDRED (100) CUSTOMERS. B. PROHIBITED USE 1. THE FOLLOWING BUSINESSES ARE EXPRESSLY PROHIBITED: AUTOMOBILE SERVICE STATIONS SECOND HAND STORES BARBECUE STANDS OR PITS SKATING RINKS BOWLING ALLEYS PUBLIC GARAGES MORTUARIES OR FUNERAL PARLORS YACHT OR B --AT STORAGE 2. DRY CLEANING PLANTS AND COMMERCIAL LAUNDRIES, OTHER 7HAN AGENCIES FOR SAME, ARE PROHIBITED. 3. NO CURB SERVICE OR DRIVE-IN FACILITIES WILL BE PERMITTED FOR ANY PUSINESS. 4. NO TEMPORARY BUILDING SUCH AS FRUIT STANDS, DISPLAY RACKS OR CONVERTED TRUCKS OR TRAILERS MAY PE USED FOR CONDUCTING ANY BUSINESS. r C. PROHIBITED ACTIVITIES (� 1. NO NOXIOUS OR OFFENSIVE TRADE SHALL BE CARRIED ON OR UPON ANY LOT, NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. 2. NO TRAILER, TENT OR SHACK ERECTED ON ANY LOT SHALL AT ANY TIME BE USED AS A RESIDENCE, TEMPORARILY OR PERMANENTLY, NORSHALL ANY RESI- DENCE OF A TEMPORARY CHARACTER BE PERMITTED. 3. NO OIL DRILLING, OIL DEVELOPMENT OPERATIONS OIL REFINING, QUARRYING OR MINING OPERATIONS OF ANY KIND SHALL BE PERMITTED UPON OR IN ANY LOT, NOR SHALL OIL WELLS1 TANKS, TUNNELS, MINERAL EXCAVATION OR SHAFTS BE PERMITTED UPON OR IN ANY LOT. NO DERRICK OR OTHER STRUCTURE DESIGNED FOR USE IN BORING FOR OIL OR NATURAL GAS SHALL BE ERECTED, MAINTAINED OR PERMITTED UPON ANY LOT. 4. 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 COM- MERCIAL PURPOSE. S. NO LOT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND -FOR RUBBISH. TRASH, GARBAGE OR OTHER WASTE SHALL NOT BE KEPT, EXCEPT IN SANITARY CONTAINERS. ALL INCINERATORS OR OTHER EQUIPMENT FOR THE STORAGE OR DISPOSITION OF SUCH MATERIALS SHALL 3E KEPT IN A CLEAN AND SANITARY CONDITION. D. CONSTRUCTION AND DESIGN P 1. ALL BUILDINGS OR STRUCTURES SHALL BE OF MASONRY, METAL OR OTHER FIRE RESISTANT CONSTRUCTION. 2. NO BUILDING, ADDITION OR ALTERATION SHALL BE PLACED ON ANY SITE UNTIL THE PLANS AND SPECIFICATION FOR SAME HAVE BEEN APPROVED BY GENERAL DEVELOPMENT CORPORATION OR BY A COMMITTEE APPOINTED BY THE OWNERS OF RECORD OF A MAJORITY OF THE LOTS AND TRACTS IN THIS SUBDIVISION UNIT. 3. IF APPROVAL OR DISAPPROVAL OF THE PLANS IS NOT FORWARDED TO THE APPLI- CANT WITHIN THIRTY (30) DAYS AFTER DATE OF REQUEST FOR APPROVAL, THEN SUCH APPROVAL WILL NOT BE REQUIRED; PROVIDED THE DESIGN AND LOCATION OF THE LOT CONFORMS TO AND IS IN HARMONY WITH EXISTING STRUCTURES IN THIS UNIT. 9FFICI' L RECOP.l. -2- Boor s✓�% PACE lU 4. NO FENCE, WALL, HEDGE OR SHRUB PLANTING WHICH OBSTRUCTS SIGHT LINES AT ELEVATIONS BETWEEN TWO AND -SIX FEET ABOVE ROADWAYS SHALL BE PLACED OR PERMITTED TO REMAIN ON ANY CORNER LOT WITHIN THE TRIANGULAR AREA FORMED BY THE STREET PROPERTY LINES AND A LINE CONNECTING THEM AT POINTS TWENTY-FIVE (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 WITHIN TEN FEET FROM THE INTERSECTION OF A STREET PROPERTY LINE WITH THE EDGE OF A DRIVEWAY OR ALLEY PAVEMENT. E. SETBACKS I. THE MINIMUM REAR SETBACK ON ALL LOTS OR TRACTS SHALL BE 25 FEET. 2. THE MINIMUM SIDE SETBACK ON THE STREET SIDE OF CORNER LOTS SHALL BE - 15 FEET. 3. THE 'MINIMUM FRONT SETBACK SHALL BE AS FOLLOWS: F. TERM •1. THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM, UNTIL THIRTY (30) YEARS FROM THE DATE OF RECORDING HAS ELAPSED, AT WHICH TIME SAID COVENANTS AND RESTRICTIONS SHALL AUTOMATICALLY BE EXTENDED FOR SUCCESSIVE PERIODS OF TEN (10) YEARS; PROVIDED, HOWEVER, THAT NOTWITH- STANDING THE FOREGOING DATE REFERENCE CONTAINED IN THIS PARAGRAPH, SAID COVENANTS AND RESTRICTIONS MAY BE ALTERED, AMENDED OR RESCINDED IN WHOLE OR IN PART AT ANY TIME BY THE THEN FEE -OWNER OR FEE -OWNERS APPEAR- ING OF RECORD OF A MAJORITY OF THE LOTS AND TRACTS AFFECTED BY THE RESPECTIVE PROVISIONS OF THESE RESTRICTIONS. -3— 25 FEET REQUIRED BLOCK 485 LOTS 5 THRU 13 BLOCK 490 LOTS 52 THRU 71 BLOCK 492 LOTS 57 THRU 62, TRACT A AND TRACT B --T to Q' BLOCK 506 LOTS 20 THRU 61 ��--:;t3_w BLOCK 509 LOTS 12 THRU 16 z � � �- =' 35 FEET REQUIRED C r �' ci rn BLOCK 490 LOTS 21 THRU 51 BLOCK 492 LOTS 46 THRU 56 r F. TERM •1. THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM, UNTIL THIRTY (30) YEARS FROM THE DATE OF RECORDING HAS ELAPSED, AT WHICH TIME SAID COVENANTS AND RESTRICTIONS SHALL AUTOMATICALLY BE EXTENDED FOR SUCCESSIVE PERIODS OF TEN (10) YEARS; PROVIDED, HOWEVER, THAT NOTWITH- STANDING THE FOREGOING DATE REFERENCE CONTAINED IN THIS PARAGRAPH, SAID COVENANTS AND RESTRICTIONS MAY BE ALTERED, AMENDED OR RESCINDED IN WHOLE OR IN PART AT ANY TIME BY THE THEN FEE -OWNER OR FEE -OWNERS APPEAR- ING OF RECORD OF A MAJORITY OF THE LOTS AND TRACTS AFFECTED BY THE RESPECTIVE PROVISIONS OF THESE RESTRICTIONS. -3— o G ENFORCEMENT �. IN THE EVENT OF A VIOLATION OR BREACH OF ANY OF THESE RESTRICTIONS BY ANY PERSON OR CONCERN CLAIMING BY, THROUGH OR UNDER GENERAL DEVELOPMENT CORPORATION, OR BY VIRTUE OF ANY JUDICIAL PROCEEDINGS, GENERAL DEVELOP- MENT CORPORATION, ITS SUCCESSORS, OR ASSIGNS, AND THE THEN LOT AND TRACT OWNERS OF RECORD, OR ANY OF THEM JOINTLY -OR SEVERALLY 4HXLL 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.. 2. IN ADDITION TO THE FOREGOING, GENERAL DEVELOPMENT CORPORATION, ITS SUCCESSORS OR ASSIGNS, SHALL HAVE THE RIGHT WHENEVER THERE SHALL HAVE BEEN BUILT ON ANY LOT OR TRACT ANY STRUCTURE WHICH IS IN VIOLATION OF THESE COVENANTS, TO ENTER UPON THE PROPERTY WHERE SUCH VIOLATION 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 ENFORCE ANY RIGHT, RESERVATION, RESTRICTION OR CONDITION ` CONTAINED IN THIS DECLARATION OF RESTRICTIONS, HOWEVER LONG CONTINUED, SHALL NOT BE DEEMED A WAIVER OF THE RIGHT TO DO SO THEREAFTER AS TO THE SAME BREACH OR AS TO A BREACH OCCURING PRIOR OR SUBSEQUENT THERETO AND SHALL NOT BAR OR AFFECT ITS ENFORCEMENT. H SEVERABILITY 1. INVALIDATION OF ANY PORTION OF THESE COVENANTS BY JUDGMENT, DECREE OR COURT ORDER SHALL IN NOWISE AFFECT ANY OF THE OTHER PROVISIONS CONTAINED HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. C, DATED l � 7 S GENERAL EVELOP T CORP RhT-4'ON%\, ATTES ASSN SE•rRETAR,Y rJ •• STATE OF FLORIDA COUNTY OF DADS :', lyit1�; Gr J� BEFORE ME PERSONALLY APPEARED 0. R. MC.IUNKINS AND ROBERT L. SEELEY, TO ME WELL KNOWN, AND KNOWN TO ME TO BE THE INDIVIDUALS DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AS VICE PRESIDENT AND ASST. SECRETARY OF THE ABOVE NAMED GENERAL DEVELOPMENT CORPORATION, A CORPORATION, AND SEVERALLY ACKNOWLEFQ,GED,T,gi' i 0 <.....\`,\ , E_ -!P -DEN AN ' \ AND BEFORE ME THAT THEY EXECUTED SUCH INSTRUMENT AS SUCH VICE PR ASST. SECRETARY, RESPECTIVELY, OF SAID CORPORATION, AND THAT THE bE�'A,taol4FF,1 kL!D SIE C]�' TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL OF SAID CORP6f41'6f;'_ANp, ►KA"T-,1 T WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR CORPORATE "flU`fHk j; ITt- ANq THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION., 4:';-`--;_ �� 1 /-' ; z_ , WITNESS MY HAND AND OFFICIAL SEAL, THIS �% DAY OF%A.V�, • 1. EXCERPTS OF DEED RESTRICTIONS - SEBASTIAN HIGHLANDS - UNIT 6 - CITY OF SEBASTIAN, INDIAN RIVER COUN TY, FLORIDA PERTAINING TO BUSINESS ZONED BLOCKS 185 THROUGH 189 INCLUSIVE. Each and every of the lots contained in Blocks 185, 186, 187 188 and 189 described above shall be known and described as business lots, restricted to limited commercial use. Any.building or structure erected on any of the described lots shall be of masonry or concrete block materials and no frame or stucco over wood will be permitted. SAllAS- All buildings shall be set back a minimum of .twaftt-jr feet from the front lot line. All buildings shall contain a minimum of four hundred square feet of floor area under roof. No temporary buildings such as fruit stands, display racks or converted trucks or trailers may be used on the said lots for conducting any business. The following businesses will be permitted on the subject lots: Antique Shops Appliances Art Goods Artist Studios Banks Barber Shops Beauty Parlors Bath & Massage Cigar Stores Confectionary Conservatories Curio Shops Drug & Sundries Fruit Stores Grocery Meat & Produce Haberdashery Hardware Interior Decrn. Jewelry Ladies Apparel Leather Goods Luggage Shops Millinery News Stands Notions Office Buildings Professional Ofc. Optical Stores Paint Stores Photo Studios Post Offices Shoe Repair Shoe Stores Souvenir Stores Sporting Goods Stationery Tailer Shops Cleaning & Laundry Agencies Restaurant Dining Room Florist Shops All businesses described above must be conducted entirely within the confines of the building and no materials, commodities or articles for sale can be displayed outside the walls of the building. No curb service or drive-in facilities permitted for any business. The following businesses are prohibited: Automobile Service Stations Barbecue Stands or Pits Bars for Liquor or beer Bowling Alleys Billboards or Outdoor Advertising Cocktail Lounges Curb or auto service cafes Dry Cleaning Establishments Beer, wine, alcohold beverage stands Commercial laundries Fruit Stands Mortuaries -Crematories or Funeral Parlors Undertaking or embalming establishments Skating Rinks Mechanical repair garages Yacht or boat storage Used or second hand furniture or clothing stores BOOK DECLARATION OF RESTRICTIONS AND COVENANTSPoe. GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION AUTHOR- IZED TO. 00 BUSINESS IPI THE STATE OF FLORIDA, OWNER OF THE FOLLOWING DESCRIBED 'PROPERTY: SEBASTIAN HIGHLANDS UNIT 12 CITY OF SEBASTIAN. ACCORDING TO THE PLAT THEREOF AS RECORDED IN' =PIAT BOOK % , PAGES 57 AND 57A. --OF THE. PUBLtC RECORDS OF INDIAN RIVER COUNTY, _.FLORI DA HEREBY MAKES THE FOLLOWING DECLARATION OF RESTRICTIONS AND COVENANTS COVERING `--ALL OF --THE LOTS AND TRACTS INCL UOEO IN THE AFORESAID SUBDIVISION. ---` rn 71 "PERMITTED USE -- __f ALL LOTS =AND TRACTS _SHALL BE KNOWN AND DESCR I BED AS BUSINESS LOTS, RESTRICTED TO COMMERCIAL -RETAIL USE AS PRESCRIBED -BY ZONING CLASSIFI- r- -- CATION C -1 -OF -THE ZONING CODE AND REGULATIONS OF THE CITY OF -SEBASTIAN, AND AS THE- SAME MAY BE AMENDED FROM TIME TO TIME, --SUBJECT, HOWEVER, TO THE EXCLUSION OF THOSE BUSINESS USES EXPRESSLY PROHIBITED UNDER -PARAGRAPH B OF THESE RESTRICTIONS. _ - - - - Z. ALL BUSINESS MUST BE CONDUCTED ENTIRELY WITHIN THE CONFINES OF THE BUILDING AND NO MATERIALS, BILLBOARDS, OUTDOOR ADVERTISING OR COMMOD- IT.IES AND ARTICLES FOR SALE CAN BE DISPLAYED OUTSIDE THE -WALLS OF THE - BUILDING._ _ - ----- -: - _ - --- --_- --- 3. ALCOHOLIC BEVERAGES MAY BE SERVED ONLY IN A HOTEL OR MOTEL CONTAINING =_= FIFTY (50) OR MORE GUEST ROOMS AND IN RESTAURANTS CONTAINING SEATS TO ACCOMMODATE NOT LESS THAN ONE HUNDRED (100) CUSTOMERS. B. PROHIBITED USE 1. THE.FOLLOWING BUSINESSES ARE EXPRESSLY PROjHIBITED: AUTOMOBILE SERVICE STATIONS SECOND HAND STORES ;BARBECUE STANDS OR PITS' SKATING RINKS BOWLING ALLEYS PUBLIC GARAGES MORTUARIES OR FUNERAL PARLORS YACHT OR BOAT STORAGE Z. DRY CLEANING PLANTS AND •COMMERCIAL LAUNDRIES, OTHER THAN AGENCIES FOR SAME, ARE PROHIBITED. 3. NO CURB .SERVICE OR DRIVE-IN FACILITIES WILL BE PERMITTED FOR ANY FUSINESS.- 4. NO TEMPORARY BUILDING SUCH AS FRUIT STANDS, DISPLAY RACKS OR CONVERTED TRUCKS OR•TRA ILERS MAY EE USED FOR CONDUCTING ANY BUSINFSS. • C. PROHIBITED ACTIVITIES -----�-. NO NOXIOUS OR OFFENSIVE TRADE SHALL BE CARRIED ON OR UPON ANY LOT, �,. NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BE OR BECOME AN _ANNOYANCE A. - yOR NUISANCE TO THE NEIGHBORHOOD. 2. Wb' TRAILER, TENT OR SHACK'ERECTED-ON- ANY -LOT 'SHALL'AT ANY Tl ME BE USED _AS A RESIDENCES TEMPORARILY OR PERtIANENTLY, NOR SHALL-ANY-RESI- DENCE'OF A TEMPORARY CHARACTER BE PERMITTED.-- 3. ERMITTED.- 3. NO OIL DRILLING, OIL DEVELOPMENT OPERATION, OIL REFINING, QUARRYING OR MINING OPERATIONS OF ANY KIND SHALL BE PERMITTED UPON OR IN ANY LOT, NOR SHALL OIL WELLS, TANKS, TUNNELS, MINERAL EXCAVATION OR SHAFTS BE PERMITTED UPON OR IN ANY LOT. NO DERRICK OR OTHER STRUCTURE DESIGNED FOR USE IN BORING FOR OIL OR NATURAL GAS SHALL BE ERECTED, MAINTAINED OR PERMITTED UPON ANY LOT. 4. 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 COM- MERCIAL PURPOSE. 5. NO LOT SHALL BE USED OR MAINTAINED AS A DUMPING GROUND FOR RUBBISH. TRASH, GARBAGE OR OTHER WASTE SHALL NOT BE KEPT, EXCEPT IN -SANITARY CONTAINERS. ALL INCINERATORS OR OTHER EQUIPMENT FOR THE STORAGE OR DISPOSITION OF SUCH MATERIALS SHALL BE KEPT IN A CLEAN ANDSANITARY CONDITION. CONSTRUCTION AND DESIGN j. ALL BUILDINGS OR STRUCTUPES SHALL BE OF MASONRY, METAL OR OTHER FIRE RESISTANT CONSTRUCTION. 2. NO BUILDING, ADDITION OR ALTERATION SHALL BE PLACED ON ANY"SITE UNTIL THE PLANS AND SPECIFICATION FOR SAME HAVE BEEN -APPROVED -BY -GENERAL DEVELOPMENT CORPORATION OR BY A COMMITTEE APPOINTED BY THE OWNERS OF RECORD OF -A MAJORITY OF THE LOTS AND TRACTS IN -THIS SUBDIVISION UNIT. 3. IF APPROVAL OR DISAPPROVAL OF THE PLANS IS NOT FORWARDED TO THE APPLI- CANT WITHIN THIRTY (30) DAYS AFTER DATE OF REQUEST FOR APPROVAL, THEN SUCH APPROVAL WILL NOT BE RFQUIRED; PROVIDED THE DESIGN AND LOCATION OF THE LOT CONFORMS TO AND IS -1 N HARMONY WITH EXISTING STRUCTURES IN THIS UNIT. -2- OFFICIAL RF.0-"`M:: • B00h � r�CE i V 4. NO FENCE, WALL, HEDGE OR SHRUB .PLANTING WHICH OBSTRUCTS SIGHT LINES AT ELEVATIONS BETWEEN TWO AND SIX FEET ABOVE ROADWAYS SHALL BE PLACED OR PERMITTED TO REMAIN ON ANY CORNER LOT WITHIN THE TRIANGULAR AREA FORMED BY THE STREET PROPERTY LINES AND A LINE CONNECTING THEM AT POINTS TWENTY-FIVE (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 WITHIN TEN FEET FROM THE INTERSECTION OF A STREET PROPERTY LINE WITH THE EDGE OF A DRIVEWAY OR ALLEY PAVEMENT. E. SETBACKS 1. THE MINIMUM REAR SETBACK ON ALL LOTS OR TRACTS SHALL BE 25 FEET. 2. THE MINIMUM SIDE SETBACK ON THE STREET SIDE OF CORNER LOTS SHALL BE 15 FEET.' 3. THE MINIMUM FRONT SETBACK SHALL BE AS FOLLOWS: 25 FEET REQUIRED BLOCK 485 LOTS 5 THRU 13 BLOCK 490 LOTS 52 THRU 71 �o BLOCK 492 LOTS 57 THRU 62, TRACT A AND TRACT B�- C3; BLOCK 508 LOTS 20 THRU 61 C Cn�^� c� � BLOCK 509 LOTS It THRU 16 ��T'� c_ rn x r— `. ` '7 __ c� r n 35 FEET REQUIRED < ' C _" c, BLOCK 490 LOTS 21 THRU 51 BLOCK 492 LOTS 46 THRU 56 o o " e, .r Ln F. TERM 1. THESE COVENANTS AND RESTRICTIONS ARE TO RUN WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM, UNTIL THIRTY (301, YEARS FROM THE DATE OF RECORDING HAS ELAPSED, AT WHICH TIME SAID COVENANTS AND RESTRICTIONS SHALL AUTOMATICALLY BE EXTENDED FOR SUCCESSIVE PERIODS OF TEN (10) YEAPS; PROVIDED, HOWEVER, THAT NOTWITH- STANDING THE FOREGOING DATE REFERENCE CONTAINED IN THIS PARAGRAPH, SAID COVENANTS AND RESTRICTIONS MAY BE ALTERED AMEN3EO OR RESCINDED IN WHOLE OR IN PART AT ANY TIME'BY THE THEN FEE -OWNER OR FEE -OWNERS APPEAR- ING OF RECORD OF A MAJORITY OF THE LOTS AND TRACTS AFFECTED BY THE RESPECTIVE PROVISIONS OF THLSE RESTRICTIONS. -3- G ENFORCEMENT 1. IN THE EVENT OF A VIOLATION OR BREACH OF ANY OF THESE RESTRICTIONS BY ANY PERSON OR CONCERN CLAIMING BY, THROUGH OR UNDER GENERAL DEVELOPMENT CORPORATION, OR BY VIRTUE OF ANY JUDICIAL PROCEEDINGS, GENERAL DEVELOP- MENT CORPORATION, ITS SUCCESSORS, OR ASSIGNS, AND THE THEN LOT AND TRACT OWNERS OF RECORD, OR ANY OF THEM JOINTLY OR SEVERALLY jH4LL 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. Z. IN ADDITION TO THE FOREGOING, GENERAL DEVELOPMENT CORPORATION, ITS SUCCESSORS OR ASSIGNS, SHALL HAVE THE RIGHT WHENEVER THERE SHALL HAVE BEEN BUILT ON ANY LOT OR TRACT ANY STRUCTURE WHICH IS IN VIOLATION OF THESE COVENANTS, TO ENTER UPON THE PROPERTY WHERE SUCH VIOLATION 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 ENFORCE ANY RIGHT, RESERVATION, RESTRICTION OR CONDITION ` CONTAINED IN THIS DECLARATION OF RESTRICTIONS, HOWEVER LONG CONTINUED, SHALL NOT BE DEEMED A WAIVER OF THE RIGHT TO 00 SO THEREAFTER AS TO THE SAME BREACH OR AS TO A BREACH OCCURING PRIOR OR SUBSEQUENT THERETO AND SHALL NOT BAR OR AFFECT ITS ENFORCEMENT. H SEVERABILITY 1. INVALIDATION OF ANY PORTION OF THESE COVENANTS BY JUDGMENT, DECREE OR COURT ORDER SHALL IN NOWISE AFFECT ANY OF THE OTHER PROVISIONS CONTAINED HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. DATED✓:: �� ,�,��:'� /7 / �!=; • : GENERAL, -DEVELOP"':! -',T ATTES STATE OF FLORIDA ' . til '••...-••:u"� COUNTY OF DADE �}�`• �' � i �'�" - BEFORE ME PERSONALLY APPEARED 0. R. iMCJUNKINS AND ROBERT L. SEELEY, TO ME WELL KNOWN, AND KNOWN TO ME TO BE THE INDIVIDUALS DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AS VICE PRESIDENT AND ASST. SECRETARY OF THE ABOVE NAMED GENERAL DEVELOPMENT CORPORATION, A CORPORATION, AND SEVERALLY ACKNOWLF—QGCO,TQ': ' r�r•' AND BEFORE ME THAT TV, --Y EXECUTED SUCH INSTRUMENT AS SUCH VICE PRL•S-fbc'NT ASST. SECRETARY, RESPECTIVELY, OF SAID CORPORATION, AND THAT THE- S�Al c;—.I X D,'6 TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPO�r �S°Ot;,AN^>C:;AT�•' IT WAS AFFIXED TO SAID I NSTRUME i7 3Y DUE AND REGULAR CORPORATE THAT SAID INSTRUMENT IS THE FR:.f_ ACT AND OECD OF SAID CORPORAT 1 G::. ^ ' 1 WITNESS MY HAND AND OFFICIAL SEAL, THIS // DAY OF �� J ',, ��,`, �, •'r`�.V �, � J •ti• x GENERAL DEVELOPMTT CORPORATION -: A Delaware Corporation # TO WHal IT MAY CONCERN # # DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELMENT CORPORATION, a Lalaware corporation, I . authorized to do business in the State of Florida, is the owner of the fol- lowing described property, situate, lying and being in Indian River County, Florida, to wit: Sebastian Highlands Unit 13, a subdivision in Indian River County, Florida, according to the plat thereof recorded in Plat Book 7 , at Pages 82A thru 82F of the Public Records of Indian River County, Florida; and WHEREAS, the property above described is not subject to restric- tions and limitations of record; and WHEREAS.9 it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to the use of each and every of the lots located in said subdivision NOW, THEREFORE, GENERAL DEVELOPMENT CORPORATION does hereby de- clare that each and every of the said lots are hereby restricted as follows: 1. All lots in all blocks shall be known and described as single family residence lots, and no structure shall be constructed or erected on any single family residence lot other than one single family dwelling not to exceed two (2) stories in height. No single residence lot listed in this paragraph shall be re - subdivided into building lots having less than Ten Thousand (10,000) square feet. Nor shall any structure be erected on said lots having an area of less than 900 square feet for a one-story building; nor less than 1080 square feet (living area) for more than a one-story building. k 1 2. Building Set Back Requirements: (a) On all lots in all blocks, no structure and/or enclosed swim- ming pool shall be erected on any of said lots nearer than -1- 7 , � twenty-five (25) feet to the front line, which is the line abutting the street; nor nearer than twenty-five (25) feet to the rear lot line; nor nearer than ten (10) feet to side lot lines. Unenclosed swimming pools may be erected to within fifteen (15) feet of the rear lot line. On corner lots, no structure shall be permitted nearer than twenty-five (25) feet to the front line of said corner lot, nor nearer than twenty-five (25) feet to the rear lot line nor nearer than fifteen (15) feet to the side street line. Unenclosed swimming pools may be erected to within fifteen (15) feet of the rear lot line. Provided, however, that on all lots abutting Laconia Street, no structure and/or en- closed swimming pool shall be erected on any of said lots nearer than thirty-eight (38) feet to the lot line abutting Laconia Street. With respect to all of the foregoing and for the purpose of the covenants set forth in this Declaration of Restrictions, the minimum square footage residence requirements shall be established and construed as being exclusive of carportes, garages, screened porches, patios and outside storage areas. Provided, however, that this shall not be construed to permit any portion of the building such as eaves, steps, open patios and wing -walls, etc. to en- croach upon another lot or into or upon any easement. 3. Tract C shall be known and described as a commercial site, and no structures shall be constructed or erected thereon other than those incidental to retail sales facilities. No building or structure shall be constructed or erected nearer than thirty-eight (38) feet to the front line, which is the line abutting Laconia Street, nor nearer than twenty-five (25) feet to the side lines, nor nearer than twenty-five (25) feet to the rear line of said Tract C. 4. No building or other structure shall be erected on any lot or Tract C until the plans and/or specifications for the design and location thereof has boen approved, in writing, by a com- mittee appointed by GITML DEVELOPTOTT CORPORATION or elected by the o-mier or otmors of record of a majority of the lots first hereinabove described•rovided howevor, ' p enc 2 �,�.c �w�� -- -- ---if approval or disapproval of such design or location is not for- warded to the applicant within thirty (30) days after date of re- quest for approval, then such approval will not be required, pro- vided the design and location of the building conforms to and is in harmony with the existing structures on the lots first herein- above described and these covenants. . 5. Easements for the installation and maintenance of Public Utilities and drainage facilities are reserved as noted on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage, impair or interfere with the installation and maintenance of utilities. The easement area of each lot and all permitted improvements with- in said easement area shall be maintenanced continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. 6. Whenever GENERAL DEVELOPMENT UTILITIES, INC., a subsidiary of GENERAL DEVELOIT ENT CORPORATION, its successors or assigns, shall cause to be constructed water distribution and sewer service facil- ities for the various lots, tracts and parcels of land encompassed by these restrictions, the fee simple owner of a lot, tract or parcel of land on which improvements have been constructed, and/or the lessee occupying same. shall, upon being given thirty (30) days written notice, be required to pay a meter and sewer assessment charge and utilize the water and sewer services furnished by GENERAL DEVELMIENT UTILITIES, INC. No individual wells or sewage disposal system will be permitted on any building site from and after date on which service is made available to same. The provi- sions of this paragraph however, shall not be construed to exclude or prohibit wells for irrigation, swimming pools and air condi- tioning. 7. These covenants and restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them, until thirty (30) years from the date of recording has elapsed, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years; provided, how - BOOK ,7 ever, that notwithstanding the foregoing date reference contained in this paragraph, said covenants and restrictions may be altered, amended or rescinded in whole or in part at any time by the then fee -owner or fee -owners appearing of record of a majority of the lots affected by,the respective provisions of these restrictions. 8. In the event of a -violation or breach of any df -these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMENT CORPORATION, or by virtue of any judicial proceedings, GENERAL DEVELOF3= CORPORATION, its sucessors, or assigns, and the then lot owners of record, or any of them jointly or 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. In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, its sucesssors or assigns, shall have the right whenever there shall have been built on any lot, any structure which is in violation of these covenants, to enter upon the property where such violation 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 enforce any right, reservation, restriction or condition contained in this Declara- tion of.Restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter, as to the same breach or as to a breach occuring prior to subsequent thereto and shall not bar or affect its enforcement. 9. Invalidation of any portion of these covenants by judgment; decree or court order shall in nowise affect any of the other provisions contained herein, which shall remain in full force and effect. IN TrTMTESS WHEREOF, GENERAL DEVE-LOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed "y its proper officers, who are thereunto duly authorized and its corporate seal to be affixed, at Miami, Dade County, Florida, or ee, ? , Seal, this 24th day of October , 1967 0 GE1=, L DEVE LOPMENT CORPORATION tY_ 0 .,,d� LIJ rr_ BY Executive Vice- President Attest:�.��, STATE OF FLORIDA COUNTY OF DADE ) SS I HETZESY CERTIFY that on this 24th day of October , 196 7 , before me personally appeared Frederick E. Roach and David A. Doheny, Executive Vice- President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said ccr poration, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. r ot" lic, State of •Fl-yrida- at arge My Commission Expires: NOTARY PLMIC, STATE of FLORIDA at LARGE 5 MY CO'.11"SSI(IN HPIRFS FEB. 23, 1971 co ID � t C) m 7 r 52 f7 S•' a a c:3 o C_) — cl. r v f Qil d4oA 272 SH 14 P GENERAL DEVELOPMENT CORPORATION * ' DECLARATION OF A Delaware Corporation RESTRICTIONS TO WHOM IT MAY CONCERN WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, authorized to do business in the State of Florida, is the owner .of the following described property, situate, lying and being in Indian River County, Florida, to -wit: SEBASTIAN HIGHLANDS UNIT FOURTEEN, a subdivision in Indian River County, Florida according to the plat thereof recorded River County, Florida; in Plat Book 8 , at Pages�3 thru-ASO of the Public Records of Indian and WHEREAS, the property above described is not subject to restrictions and limitations of record; and WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to the use of each and every one of the lots, tracts, and parcels located in said subdivision, NOW THEREFORE, GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the numbered lots are hereby restricted as follows: 1. As to Lots 5 thru 16, Block 503 ; Block 504; Lots 1 thru 21, Block 505 .All lots in Block 506 and 507 .Lots 1 thru 19, Lots 62 and 63, Block 508; and Lots 1 thru 11, Block 509; no principal building shall be constructed or erected on any of the aforementioned lots other than one detached two (2) family dwelling not to exceed two (2) stories in height or one detached single family dwelling not to exceed two (2) stories in height. None of the aforementioned lots shall be resubdivided into building lots having less than ten thousand (10,000) square feet nor having a width of less than seventy-five (75) feet at the minimum building setback line. Nor shall any principal building be erected on any of the aforementioned lots having an area of less than seven hundred (700) square feet (living area) per living unit for a two (2) family dwelling, or eight hundred (800) square feel, living area for a sinblc family dwelling. 2. All lots not described in Paragraph I above, are single family residence lots, and no principal building shall be constructed or erected on any single family residence lot other than one detached single family dwelling not to exceed two (2) stories in height. No single family residence lot shall be resubdivided into building lots having less than ten thousand (10,000) square feet, nor shall any structure be erected on said lots having* an arca of less than eight hundred (800) square feet (living area) for a one-story building; nor less than one thousand (1000) sijuare feet (luving.area) for more than a one-story building. lim Instnlmant WRI ir"Weil " 4 RrNV..ti—itf�h•tWF.i2:—%Wil'."j, �,! �liilft�. . e. With respect to all of the foregoing and for the purpose of the covenants set forth in this Declaration of Restrictions, the minimum square footage residence requirements shall be established and construed as being exclusive of carports, garages, screened porches, patios and outside storage areas. Provided, however, that this shall not be construed to permit any portion of the building such as eaves, steps, open patios and wing -walls, etc., to encroach upon another lot or into or upon any easements. I Building Set Back Requirements On all lots in all blocks, no principal building and/or enclosed swimming pool -shall be erected on any of said lots nearer than twenty-five (25) feet to the front lot line, which is the line abutting the street; nor nearer than twenty-five (25) feet to the rear lot line or the line abutting a canal; nor nearer than ten (10) feet to the side lot lines, nor near than twenty-five (25) feet to the side street line on corner lots. Unenclosed swimming pools may be erected to within fifteen (15) feet of the rear lot line or the line abutting a canah In addition to the foregoing restrictions with respect to numbered lots, GENERAL DEVELOPAIIENT CORPORATION does hereby declare that each and every one of the lots, tracts or parcels of land lying within said subdivision are restricted as follows: 4. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS UNIT FOURTEEN but a dock extending such a distance from the line of the high water mark of the waterfront lots, as may be approved by governmental agencies having jurisdiction and GENERAL DEVELOPMENT CORPORATION, may be permitted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION and constriction permit issued by appropriate agency. No boat canal or other waterway shall be dug or excavated into any of the waterfront lots. No mooring pile shall be placed more than twenty (20) feet beyond the high water mark of any waterfront lot, and no mooring pile shall be placed nearer than eight (8) feet to a line formed by the projection of the side lines of the water front lot. No Iot or parcel shall be increased in size by filling in the water on which it abuts. No sea wall shall be erected or constructed in this subdivision unless and until its location, design, materials, structure, strength, etc., shall have been approved in writing by governmental agencies having jurisdiction and GENERAL DEVELOPMENT CORPORATION and construction permit issued by appropriate agency. 5. No building or other stricture shall be erected on any lot until the plans and/or specifications for the design and location thereof have been approved, in writing, by a committee appointed by GENERAL DEVELOPAIENT CORPORATION or elected by the owners of record of a majority of the lots first hereinabove described; provided, however, if approval or disapproval of such design or location is not forwarded to the applicant within thirty (30) days after date of request for approval, then such approval will not be required, provided the design and location of the building conforms to and is in harmony with the existing structures on the lots first hereinabove described and these covenants. 6. No travel trailer, mobile home, recreational vehicle, tent, shack, garage, barn or out building erected on any lot shall at any time be used as a residence, temporarily or permanently. Provided, however, that recreational vehicles such as trafel.trailers, motor homes, tent trailers, boats, etc., not exceeding ten (10) feet in height and thirty-two (32) feet in length may be stored on the premises at the rear or side of the residence situated thereon with the following conditions: (a) No such vehicle shall be permitted within the front or side line setback areas. (b) All such vehicles shall bear a current State registration or inspection tag. 7. No sign of any kind shall be displayed to the public view on any single family or duplex residence lot, except one sign of not more than two (2) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during ZD the construction and sales period, all of which shall be approved by the committee. 8. No oil drilling, oil development operation, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 9. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other domestic household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste must be kept in sanitary containers. No lot on wtucn imprwc,,-1-3 have been constructed or erected shall be allowed to become or remain overgrown and/or • unsightly. No hedge or shrub planting ') Which obstructs sight lines at elevations between two (2 and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (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 within ten (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 the above described limits of intersections unless the foliage line is maintained at or above six (6) feet above roadway intersection elevation to prevent obstruction of sight lines. OFFICIAL RIM0 ", MR 389 111VII 07VAL _ aooK -` an _ _ _ as'eriients'for tile-in§tallation �aiid �nalttCerxanee'df public,Malities: and drainage facilities _ e Wseived`as`hoted`on the rec6refed„plat Vi-thin-thcsc.easerr=nts, no strut;ture; planting of `other -material -shall be placed or permitted to remain which may damage, impair _ - - earl. interfere with _the installation and -maintenance of ut�hties. The -easement area of -.h- ` 1 54 �...� `, y-. _,.i.v ice: ice- L �. ;ry :� � tY �.. - -” each lot, tract, or parcel and all permitted improvements within said easement area shall be maintained continuously by the owner of the lot, tracts parcel; except for those, improvements for which a public authority or utility company is responsible. 12. Whenever GENERAL DEVELOPMENT UTILITIES, INC., a subsidiary ot` GENER.AL DEVELOPMENT CORPORATION, -its successors or assigns, shall cause to be constructed water distribution and sewer service facilities yfor the various lots, tracts and parcels of land encompassed by these restrictions, thee simple owner of a lot; trait, or parcel e Ef' of land on which improvements have been constructed,—a"ndr`or -die lesse�6ccupying ` _same shall, upon being given thirty (30) days written notice, be required to pay a meter and sewer assessment charge and utilize the water and sewer servic-es`-furnished by GENERAL DEVELOPMENT UTILITIES, INC�No i`ndivi ua wells a�ge lsposal system will be permitted on any building site from and after date on which service - provisions of this paragraph however, shall not be is made available to same. The oools and air construed to exclude or prohibit wells for irrigation, swimming P conditioning. _ 13. These covenants and restrictions are to run with the land and shall be binding upon - - - -_ - - - - - - - ears from =the ate all parties and all persons claiming under them until thirty (30) y -- of recording has elapsed, at which time said covenants and restrictions shall automatically be extended for successive periods -of ten- (10) years; provided, however, that 71 notwithstanding the foregoing date reference contained in this paragraph, said covenants and restrictions, except paragraph 12 hereof, may be altered, amended or rescinded in -whole or in part at any time by the then fee owner or fee owners appearing of record of a majority of the lots affected by the respective provisions of these restrictions. -14. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMENT CORPORATION, its successors, or -assigns, and the then lot owners. of record, or any of them jointly or severally shall have the rigs to Fprocecd at -law orzn equitp tQ-compel--eomPl}ance - . he violation or breach of any of them. In addition with the terms hereof or to prevent t to the foregoing, GENERAL DEVELOPMENT CORPORATION, its successors or assi-Mis, shall have the right whenever there shall have been built on any lot, any structure which is in violation of these covenants, to enter upon the property where such violation exists and sumrnanly 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 enforce or condition contained in this Declaration of any right, reservation, restriction Restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter, as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement.i•. .7 .. J 15. Invalidation of any portion of these covenants by judgment; decree or court order shall in nowise affect any of the other provisions contained herein, which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, {Flprida, this 29 day of June , 1971. GENERAL DEVELOPMENT CORPORATION By: -', President '(Corporate Seal) Attest: . • Secretary STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this �9 day of June , 1971, before me personally appeared Frederick E. Roach and David A. Doheny President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation to me known to be the persons described in and who executed,the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. NOTARY PUBLIC, STATE OF FLORIDA_ AT LARGE My Commission Expires: AT Lr^ E Kr,i�:�Y �'u.uC, 5+�� 1912 t�1Y COt'1r.11-,�.0Nj E,.` 1�,, S W. DFE8 TE . 1917T 110NDt0 t0k"'ON OFFICIAL RECORD 5 GENERAL DEVELOPMENT CORPORATION A Delaware Corporation TO WHOM IT MAY CONCERN ***************** AMENDMENT TO DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation authorized to transact business in the State of Florida, hereinafter referred to as GENERAL, is owner of the following described property situate, lying and being in -Indian. River County, Florida, to -wit: SEBASTIAN HIGHLANDS UNIT FOURTEEN, a subdivision in Indian River County, Florida, according to the plat thereof recorded in Plat Book 8, at Page 43 of the Public Records of Indian River County, Florida, di cit heretofore cause to be recorded certain Declaration of Restrictions dated June 29, 1971, filed July 21, 1971, in 0. R. Book 389, at Pages 145 thru 149, inclusive, of the Public Records of Indian River County, Florida; and WHEREAS, GENERAL at the present time remains the fee owner of all of the lots in the subdivision plat aforestated; and WHEREAS, GENERAL does now propose to amend said Declaration of Restrictions as more particularly hereinafter set forth. NOW, THEREFORE, paragraph to read as follows: 1 of the aforesaid Declaration of Restrictions is amended 1. As to lots 5 thru 16, Block 503; Lots 1 thru 19, Block 505; All lots in Block 506 and 507; Lots 5 thru 19, Block 508; and Lots 1 thru 11, Block 509; no principal building shall be constructed or erected on any of the afore- mentioned lots other than one detached two (2) family daeiling not to exceed two (2) stories in height, or one detached single family dwelling not to exceed two (2) stories in height. None of the aforementioned lots shalt be resubdivided into building lots having less than ten thousand (10,000) square feet nor having a width of less than seventy-five (75) feet at the minimum building setback line. Nor shall any structure be erected on any of the aforementioned lots having an area of less than seven hundred (700) square feet (living area) per livin unit for a two (2) family dwelling, or eight hundred (800) square feet (living area) for a single family dwelling. the Declaration of Restrictions heretofore recorded Except as herein set forth, »n 0. R. Book 389, at Pages 145 thru 149, inclusive, of the Public Records of Indian River County, Florida, are ratified, confirmed and reimposed. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION has caused these presents to be executed by its proper officers and its corporate seal to be affixed at Miami, Dade County, Florida, this 1st day of October , 1971 . ATTEST: lung nn,'nn :J113 r By: ,��......;r� f� �5:► !,I'd 19-- A1,111 14,61 r,I ( Secretar STATE OF FLORIDA ) ) SS COUNTY OF DADE ) GENERAL DEVELOPMENT CORPORATION By President I HEREBY CERTIFY that on this 1st day of October 19 71 , before me personally appeared Frederick E. Roach and David A. Dotheny President and Secretary, respectively, of General Development Corporation, a Delaware corporation, to me known to be the persons described in and who executed the foregoing Amandmont to Declaration of Restrictions as such officers of said corporation for the uses and purposes therein mentioned, .and that they affixed thereto the official seal r►1 said corporation, and that the said instrument is the act and deed of said r.orl�orati,u;I. i t•iy Commission Expires: 1 OTNRY ,PUBLIC, STATE. Or- j:j_0RiD1\'A1--l.n►'GE tir.r,�••r, 'Nati Y'r„hnrr,�T ��Y' Ivr7Tr TArV r(Ir I V^ rJAor rl OPIDA AT I PPT: This Im., : � .,.t , •cl t 1'�/: �,IIiP�t Y 11 Its it, t r _c C 98562 BOOK Tai! Ic)`t . GENERAL DEVELOPMENT CORPORATION * DECLARATION OF A Delaware Corporation * RESTRICTIONS TO WHOM IT MAY CONCERN CORPORATION, a Delaware corporation, WHEREAS, GENERAL DEVELOPMENT authorized to do business in the State of Florida, is the owner of the following described property, situate, lying and being in Indian River County, Florida, to -wit: SEBASTIAN H�GHLANDS UNIT FIFTEEN, a subdivision in Indian River County, Florida according to the plat thereof recorded in Plat Book 8 , at Pages 4� thru 4�4D0f the Public Records of Indian River County, Florida; and WHEREAS, the property above described is not subject to restrictions and limitations of record; and WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to the use of each and every one of the lots, tracts, and parcels located in said subdivision, NOW THEREFORE, GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the numbered lots are hereby restricted as follows: l . As to Lots 3 thru 22, Block 488 . Lots 1 thru 34, Block 489; Lots 1 thru 20, Block 490; Lots 1 thru 31 and Lot 34, Block 491; Lots 1 thru 7 and 30 thru 45, Block 492; and Lots 23 thru 27, Block 493 ; no principal building shall be constructed or erected on any of the aforementioned lots other than one detached two (2) family dwelling not to exceed two (2) stories in height, or one detached single family dwelling not to exceed two (2) stories in height. None of the aforementioned lots shall be resubdivided into building lots having less than ten thousand (10,000) square feet nor having a width of less than seventy-five (75) feet at the minimum building setback line. Nor shall any principal building be erected on any of the aforementioned lots having an area of less than seven hundred (700) $quare feet (living area) per living unit for a two (2) family dwelling, or eight hundred (800) square feet living area for a single family dwelling. 2. All lots not described in Paragraph 1 above, are single family residence lots, and no principal building shall be constructed or erected on any single family residence lot other than one detached single family dwelling not to exceed two (2) stories in height. No single family residence lot shall be resubdivided into building lots having less than ten thousand (10,000) square feet, nor shall any structure be erected on said lots having an area of less than eight hundred (800) square feet (living area) for a one-story building; nor less than one thousand (1000) square feet (living area) for more than a one-story building. c J,-%.�rll li � This lnstrumont Wes PrOPAre$ " SIDNEY 11, KPASSN£1t, Cornornto Counsal mmnn4 Corr—rnthid - :fir',(; With respect to all of the foregoing and for the purpose of the covenants set forth in this Declaration of Restrictions, the minimum square footage residence requirements shall be established and construed as being exclusive of carports, garages, screened porches, patios and outside storage areas. Provided, however, that this shall not be construed to permit any portion of the building such as eaves, steps, open patios and win -walls, etc., to encroach upon another lot or into or upon any easements. 3. Building Set Back Requirements: On all lots in all blocks, no principal building and/or enclosed swimming pool shall be erected on any of said lots nearer than twenty-five (25) feet to the front lot line, which is the line abutting the street; nor nearer than twenty-five (25) feet to the rear lot line or the line abutting a canal; nor nearer than ten (10) feet to the side lot lines, nor near than twenty-five (25) feet to the side street lute on comer lots. Unenclosed . swimming pools may be erected to within fifteen (15) feet of the rear lot line or the line abutting a canal. In addition to the foregoing restrictions with respect to numbered lots, GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the lots, tracts or parcels of land lying within said subdivision are restricted as follows: 4. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS UNIT FIFTEEN but a dock extending such a distance from the line of the high water mark of the waterfront lots, as may be approved by governmental agencies having jurisdiction and GENERAL DEVELOPMENT CORPORATION, may be permitted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION and construction permit issued by appropriate agency. No boat canal or other waterway shall be dug or excavated into any of the waterfront lots. No mooring pile shall be placed more than twenty (20) feet beyond the high water mark of any waterfront lot, and no mooring pile shall be placed nearer than eight (8) feet to a line formed by the projection of the side lines of the water front lot. No lot or parcel shall be increased in size by filling in the water on which it abuts. No sea waii sliaii be erected or constructed in this subdivision unless and until its location, design, materials, structure, strength, etc., shall have been approved in writing by governmental agencies having jurisdiction and GENERAL DEVELOPMENT CORPORATION and construction permit issued by appropriate agency. 5. No building or other structure shall be erected on any lot until the plans and/or specifications for the design and location thereof have been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION or elected by the owners of record of a majority of the lots first liereinabove described; provided, however, if approval or disapproval of such design or location is not forwarded to the aCIAL BOOK 389 1' 6 applicant within thirty (30) days after date of request for approval, then such approval will not be required, provided the design and location of the building conforms to and is in harmony with the existing structures on the lots first hereinabove described and these covenants. 6, No travel trailer, mobile home, recreational vehicle, tent, shack, igarage, barn or out building uildin erected on any lot shall at any time be used as -a residence, temporarily or permanently. Provided, however, that recreational vehicles such as travel trailers,'motor homes, tent trailers, boats, etc., not exceeding ten (10) feet in height and thirty-two (32) feet in length may be stored on the premises at the rear or side of the residence situated thereon with the following conditions: (a) No such vehicle shall be permitted within the front or side line setback areas. (b) All such vehicles shall bear a current State registration or inspection tag. 7. No sign of any kind shall be displayed to the public view on any single family or ware feet advertising duplex residence lot, except one sign of not more than ©advert se the property during the property for sale or rent, or signs used by a builder t roved by the committee. the construction and sales period,. all of which shall be app g. No oil drilling, oil development operation, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, other mineral excavation or shafts be permitted upon or in any lot. No derrick structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. bred or kept on any lot 9. No animals, livestock or poultry of any kind shall be raised, provided that except that dogs, cats or other domestic household pets may be kept, they are not kept, bred or maintained for any commercial purpose. 10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, ,_in sa.^.itar;, containers. No lot on which improvements or other wdsie "'us' �� r` or erected shall be allowed to become or remain overgrown and/or have been constructed unsightly. No hedge or shrub planting which obstructs sight lines at elevations between two(2) and six (6) feet above the roadways shall be placed or permitted to remain on Y lines and a line corner lot within the triangular area formed by the street property lines of the street points twenty-five (25�) feet frons connecting them at p • lines, or in the case of a rounded property corner from the intersection of the street it on any lot within property lines extended. The same sight line limitations shall apply ten (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 the above described feet limits of intersections unless the foliage line is maintained at or above six (�� ) above roadway intersection elevation to prevent obstruction of sight lines. r 11. Easements for the installation and maintenance of public utilities and drainage facilities are reserved as noted on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage, impair or interfere with the installation and maintenance of utilities. The easement area of each lot, tract, or parcel and all permitted improvements within said easement area shall be maintained continuously by the owner of the lot, tracts parcel, except for those improvements for which a public authority or utility company is responsible. 12. Whenever GENERAL DEVELOPMENT UTILITIES, INC., a subsidiary of GENERAL DEVELOPMENT CORPORATION, its successors or assigns, shall cause to be constructed water distribution and sewer service facilities for the various lots, tracts and parcels of land encompassed by these restrictions, the .fee simple owner of a lot, tract, or parcel of land on which improvements have been constructed, and/or the lessee occupying same shall, upon being given thirty (30) days written notice, be required to pay a meter and sewer assessment charge and utilize the water and sewer services furnished by GENERAL DEVELOPMENT UTILITIES, INC. No individual wells or sewage disposal system will be permitted on any building site from and after date on which service is made available to same. The provisions. of this paragraph however, shall not be construed to exclude or prohibit wells for irrigation, swimming pools and air conditioning. 13. These covenants and restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them until thirty (30) years from the date of recording has elapsed, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years; provided, however, that notwithstanding the foregoing date reference contained in this paragraph, said covenants and restrictions, except paragraph 12 hereof, may be altered, amended or rescinded in whole or in part at any time by the then fee owner or fee owners appearing of record of a majority of the lots affected by the respective provisions of these restrictions. 14. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GENERAL DEVELOPMENT CORPORATION, its successors, or assigns, and the then lot owners of record, or any of them jointly or 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. In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, its successors or assigns, shall have the right whenever there shall have been built on any lot, any structure which is in violation of these covenants, to enter upon the property where such violation 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 enforce any right, reservation, restriction or condition contained in this Declaration of Restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter, as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. OTIMAL RECO" 15. Invalidation of any portion of these covenants by judgment; decree or court order shall in nowise affect any of the other provisions contained herein, which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this 29 day of June •, 1971. GENERAL DEVELOPMENT CORPORATION By: -G President (Corporate Seal)`. ' Attest::�-�•-.� XI ��/�� Secretary STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this 29 day of June , 1971, before me personally appeared Frederick E. Roach and David A. Doheny ; President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware - corporation to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: 90TAIV PllCLIC, STATE 07 ROMA AT LARCe toy COtAMI-"),0114 tx litEs FLU. /, 1912 GONDED 1-4UIGH fNED W. D.L,TELHONST GENERAL DEVELOP* CO RF ATION * A� � � �+' A Delaware Corporation TO WHOM IT MAY CONCERN ***************** •. AMENDMENT TO DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation authorized to transact business in the State of Florida, hereinafter referred to as GENERAL, as owner of the following described property situate, lying and being in Indian River County, Florida, to -wit: SEBASTIAN HIGHLANDS UNIT FIFTEEN, a subdivision in Indian River County, Florida, according to the plat thereof recorded in Plat Book 8, at Page 44 of the Public Records of Indian River County, Florida, did heretofore cause to be recorded certain Declaration of Restrictions dated June 29, 1971, filed July 21, 1971, in 0. R. Book 389 at Pages 154 thru 158, inclusive, of tPe. Public Records of Indian River County, Florida; and WHEREAS, GENERAL at the present time remains the fee owner of all of the lots in the subdivision plat aforestated; and WHEREAS, GENERAL does now propose to amend said Declaration of Restrictions for the purpose of eliminating the attached two (2) family dwelling classification as pre- scribed by paragraph 1, thereof; NOW, THEREFORE, paragraph 1 of the aforesaid Declaration of Restrictions is eliminated in its entirety; and paragraph 2 is amended to read as follows: 1. All lots in all blocks shall be known and described as single family resi- dence lots, and no structure shall be constructed or erected on any single family residence lot other than one detached single family dwelling not to ex- ceed two (2) stories in height. No single family residence lot listed in this paragraph shall be resubdivided into building lots having less than ten thousand (10,000) square feet. Nor shall any structure be erected on said lots having an area of less than eight hundred (800) square feet (living area) for a one-story building; nor less than one thousand (1000) square feet (living area) for more than a one-story building. Except as h1erci^ set forth, the Declaration of Restrictions heretofore recorded in 0. R. Book 389, at Pages 154 thru 158, inclusive, of the Public Records of Indian River County, Florida, are ratified, confirmed and reimposed. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION has executed by its proper officers and its corporate seal County, Florida, this 1st day of October IWO 11"1311113 ATTEST: Ar K Secretary STATE OF FLORIDA ) SS COUNTY OF DADE ) f1_Sl�i caused these presents to be to be affixed at Miami, Dade , 1971 . GENERAL DEVELOPMENT CORPORATION President. I HEREBY CERTIFY that on this 1st day of October , 19 71 , before me personally appeared Frederick E. Roach and David A. Doheny President and Secretary, respectively, of General Development Corporation, a Delaware corporation, to me kno,ln to be the persons described in and who executed the foregoing Amendrllent to Declaration of Restrictions as such officers of said corporation for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. My Commission Expires: Nb ARY PU3LIC, ST,4'�EiiF�LOE;!U;l �1i R NOTARY P11^' IC STAT[' OF F1.0'?IDA AT IARCE M HY C,: ., t .1 1 v•, - I ":rt. 25, 1:75 5. 1N C. This Instrumnnt WAS Propnrril ny! SIONIY U. KWV',alklt, UmpornN Commal (i„nelral Dov'olt moat Cntporithil VOK V V �J�� 4§FFICI fig. RECORD Boor GENERAL DEVELOPMENT CORPORATION A Delaware Corporation * DECLARATION OF * RESTRICTIONS TO WHOM IT MAY CONCERN WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, authorized to do business in the State of Florida, is the owner of the following described property, situate, lying and being in Indian River County Florida, to -wit: SEBASTIAN HIGHLANDS UNIT SIXTEEN, a subdivision in Indian River County, Florida according to the plat thereof recorded in Plat Book 8 , at Pages �S thru 4S✓of the Public Records of Indian River County, Florida; and and WHEREAS, the property above described is not subject to restrictions and limitations of record; WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to the use of each and every one of the lots, tracts, and parcels located in said subdivision, NOW THEREFORE, GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the numbered lots are hereby restricted as follows: 1. All lots in all blocks shall be known and described as single family residence lots, and no principal building shall be constructed or erected on any single family residence lot other than one detached single family dwelling not to exceed two (2) stories in height. No single family residence lot listed in this paragraph shall be resubdivided into building lots having less than ten thousand (10,000) square feet. Nor shall any principal building be erected on said lots having an area of less than eight hundred (800) square feet (living area) for a one-story building; nor less than one thousand (1000) square feet (living area) for more than a one-story building. With respect to all of the foregoing and for the purpose of the covenants set forth in this Declaration of Restrictions, the minimum square footage residence requirements shall be established and construed as'being exclusive of carports, garages, screened porches, patios and outside storage areas. Provided, however, that this shall not be construed to permit any portion of the building such as eaves, steps, open patios and wing -walls, etc., to encroach upon another lot or into or upon any easements. 2. Building Set Back Requirements: On all lots in all blocks, no principal building and/or enclosed swimming pool shall be erected on any of said lots nearer than twenty-five (25) feet to the front lot line, which is the line abutting the street; nor nearer than twenty-five (25) feet to the rear lot line; nor nearer than ten (10) feet to the side lot lines, nor near than twenty-five (25) feet to the side street line on corner lots. Unenclosed swimming pools may be erected to within fifteen (15) feet of the rear lot line. This instrument Wns Preparnd t?V7 SIDNEY 13. KRASSNCIt, Curporatu Cwinsol General Duvuloumunt Curporatlort 1 1111 S. payOoro I r.� 611a1111�jla„ In addition to the foregoing restrictions with respect to numbered lots, GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the lots, tracts or parcels of land lying within said subdivision are restricted as follows: 3. No building or other structure shall be erected on any lot until the plans and/or specifications for the design and location thereof have been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION or elected by the owners of record of a majority of the. lots fust hereinabove described; provided, however, if approval or disapproval of such design or location is not forwarded to the applicant within thirty (30) days after date of request for approval, then such approval will not be required, provided the design and location of the building conforms to and is in harmony with the existing structures on the lots first hereinabove described and these covenants. 4. No travel trailer, mobile home, recreational vehicle, tent, shack, garage, barn or out building erected on any lot shall at any time be used as a residence, temporarily or permanently. Provided, however, that recreational vehicles such as travel trailers, motor homes, tent trailers, boats, etc., not exceeding ten (10) feet in height and thirty-two (32) feet in length may be stored on the premises at the rear or side of the residence situated thereon with the following conditions: (a) No such vehicle shall be permitted within the front or side line setback areas. (b) All such vehicles shall bear a current State registration or inspection tag. $. No sign of any kind shall be displayed to the public view on any single family or duplex residence lot, except one sign of not more than two (2) 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, all of which shall be approved by the committee. 6. No oil drilling, oil development operation, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural .gas shall be erected, maintained or pennitted upon any lot. 7. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other domestic household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 8. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste must be kept in sanitary containers. No lot on which improvements have been constructed or erected shall be allowed to become or remain overgrown and/or unsightly. U -FI I t RECO":;, _ .("�i1. eta „t►:�. B� 389 "YL No hedge or shrub planting which obstructs sight lines at elevations between two (2') and six (6) feet above the roadways shall he placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (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 within ten (10') feet from the intersection of a street property line with ihe edge of a driveway or alley pavement. No tree shall be permitted to remain within the above described limits of intersections unless the foliage line is maintained at or above six (6) feet above roadway intersection elevation to prevent obstruction of sight lines. 9. Easements for the installation and maintenance of public utlities and drainage facilities are reserved as noted on the recorded plat. Within these easements, no structure, planting • or other material . shall be placed or permitted to remain which may damage, impair or interfere with the installation and maintenance of utilities. The easement area of each lot, tract, or parcel and all permitted improvements within said easement area shall be maintained continuously by the owner of the lot, tract, or parcel, except for those improvements for which a public authority or utility company is responsible. 10. Whenever GENERAL DEVELOPMENT UTILITIES, INC., a subsidiary of GENERAL DEVELOPMENT CORPORATION, its successors or assigns, shall cause to be constructed water distribution and sewer service facilities for the various lots, tracts and parcels of land encompassed by these restrictions, the fee simple owner of a lot, tract, or parcel of land on which improvements have been constructed, and/or the lessee occupying same shall, upon being given thirty (30) days written notice, be required to pay a meter and sewer assessment charge and utilize the water and sewer services furnished by GENERAL DEVELOPMENT UTILITIES, INC. No individual wells or sewage disposal system will be permitted on any building site from and after date on which service is made available to same. The provisions of this paragraph however, shall not be construed to exclude or . prohibit wells for irrigation, swimming pools and air conditioning. 11. These covenants *and restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them until thirty (30) years from the date of recording has elapsed, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years; provided, however, that notwithstanding the foregoing date reference contained in this paragraph, said covenants and restrictions, except paragraph 10 hereof, may be altered, amended or rescinded in whole or in part at any time by the then fee owner or fee owners appearing of record of a majority of the lots affected by the respective provisions of these restrictions. 12. In the event of a violation or breach of any of these restrictions by any person or concern claiming by, through or under GCNLIZAL DEVELOPNIFINT COIZPOIZATION, its successors, or assigns, and the then lot owners of record, or any of them jointly 3 or 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. In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, its successors or assigns, shall have the right whenever there shall have been built on any lot, any structure which is in violation of these covenants, to enter upon the property where such violation 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. & failure to enforce any right, reservation, restriction or condition contained in this Declaration of Restrictions, however long continued, shall not be deemed a waiver of the right to do so thereafter, as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 13. Invalidation of any portion of these covenants by judgment; decree or court order shall a IF in nowise affect any of the other provisions contained herein, which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, who are thereunto duly authorized, and its_ co4rate. seal --.0 be affixed, at Miami, Dade County, Florida, this 29 day of - June 1971. C ; ; :y ^' `� 1L GENERAL DEVELOPMENT CORPORATION By: President (Corporate 'Seal) E - Attest: • = Secretary STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this 29 day of June , 1971, before me personally appeared Frederick E. Roach and David A. Doheny President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentiomd, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade- and State of Florida, the day and year last aforesaid. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: 1.,,. 6..:.t•, i1.. t.l •i:,A A7 U'rt IJIY CUPntVtl.,:)1011 [.):{'llit f t. ll. 7, 1'.> 2 SUN 01 I1 tllll uuu 11 ( -NLN W. NI. dT E L 11'I 1/ J7 UICS AL. R .00 i� BOCK, U TU GENERAL DEVELOPMENT CORPORATION A. Delaware Corporation DECLARATION _ CLA_KAT O _1 RESTRICTIONS TO :WHOM IT MAY CONCERN • s * * * +� * * * * * * * * * * s s s * s ` WHEREAS, GENERAL DEVELOPMENT -CORPORATION, a - Delaware - corporation, authorized to do business in the State of Florida,- is the owner of the following described property, situate, lying and being in Indian River County, Florida, to -wit: SEBASTIAN fiIGHLANDS UNIT SEVENTEEN a subdivision in Indian River County, Florida according to the plat thereof recorded in Plat Book B , at Pages 45' thru 'Opof the Public Records of. Indian River County, Florida; and WHEREAS, the property above described -is- not subject to restrictions and limitations of record; and- -- - • -_— _ -- -- - --_- ---_ --._. -- WHEREAS, it is now desired by GENERAL DEVELOPMENT CORPORATION, to place restrictions and limitations of record as to the use of each and every one of the lots, tracts, and parcels located in said subdivision, - NOW THEREFORE, GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the numbered lots are hereby restricted as follows: 1. As to all Lots in Blocks 599, 600, 601; Lots 7 thru 14, Block 604; Lots 2 thru 13, Block 605 ; all Lots in Blocks 606, 607, 608, 609, 610,; and Lots 6 thru 34, Block 605 ;no principal building shall be constructed or erected on any of the aforementioned lots other than one detached two (2) family dwelling not to exceed two (2) stories in height, or one detached single family dwelling not to exceed two (2) stories in height. None of the aforementioned lots shall be resubdivided into building lots having less than ten thousand (10,000) square feet nor having a width of less than seventy-five (75) feet at the minimum building setback line. Nor shall any principal building be erected on any of the aforementioned lots having an area of less than seven hundred (700) square feet (living area) per Iiving unit for a two (2) family dwelling, or eight hundred (800) square feet living area for a single family dwelling. 2. All lots not described in Paragraph 1 above, are single family residence lots, and no principal building shall be constructed or erected on any single family residence lot other than one detached single family dwelling not to exceed two (2) stories in height. No single family residence lot shall be resubdivided into building lots having less than ten thousand (10,000) square feet, nor shall any structure be erected on said lots having an area of less than eight hundred (800) square feet (living area) for a one-story building; nor less than one thousand (1000) square feet (living area) for more than a one-story building. ... all .r.l �... ihls Instrtirmnt Was Prapsrod Py - SIDNEY D. KIcA ;',Nf_)t, Cornnrr;tn Counsel 11 -A- With respect to all of the foregoing and for the purpose of the covenants set forth in this Declaration of Restrictions, the minimum square footage residence requirements shall be established and construed as being exclusive . of carports, garages, screened porches, patios and outside storage areas. Provided, however, that this shall not be construed to permit any portion of the building such as eaves, steps, open patios and wing -walls, etc., to encroach upon another lot or into or upon any easements. 3. Building Set Back Requirements: On all lots in all blocks, no principal building and/or enclosed swimming pool shall be erected on any of said lots nearer than twenty-five (25) feet to the front lot line, which is the line abutting the street; nor nearer than twenty-five (25) feet to the rear lot line or the line abutting a canal; nor nearer than ten (10) feet to the side lot lines, nor near than twenty-five (25) feet to the side street line on comer lots. Unenclosed • swimming pools may be erected to within fifteen (15) feet of the rear lot line or the line abutting a canal. In addition to the foregoing restrictions with respect to numbered lots= GENERAL DEVELOPMENT CORPORATION does hereby declare that each and every one of the lots, tracts or parcels of land lying within said subdivision are restricted as follows: 4. No boat house or dock building shall be erected on or adjoining any of the lots in SEBASTIAN HIGHLANDS UNIT SEVENTEEN but a dock extending such a distance from the line of the high water mark of the waterfront lots, as may be approved by governmental agencies having jurisdiction and GENERAL DEVELOPMENT CORPORATION, may be permitted; and no boat landing, dock or pier shall be constructed until the plans and specifications thereof shall have been approved in writing by GENERAL DEVELOPMENT CORPORATION and construction permit issued by appropriate agency. No boat canal or other waterway shall be dug or excavated into any of the waterfront lots. No mooring pile shall be placed more than twenty (20) feet beyond the high water mark of any waterfront lot, and no mooring pile shall be placed nearer than eight (8) feet to a •line formed by the projection of the side lines of the water front lot. No lot or parcel shall be increased in size by filling in the water on which it abuts. No sea wall shall be erected or constructed in this subdivision unless and until its location, design, materials, structure, strength, etc., shall have been approved in writing by governmental agencies having jurisdiction and GENERAL DEVELOPMENT CORPORATION and construction permit issued by appropriate agency. 5. No building or other stricture shall be erected on any lot until the plans and/or specifications for the design and location thereof have been approved, in writing, by a committee appointed by GENERAL DEVELOPMENT CORPORATION or elected by the owners of record of a majority of the Iots first hereinabove described; provided, however, if approval or disapproval of such design or location is not forwarded to the applicant within thirty (30) clays after date of request for approval, then such approval 01"TUAL AL RECO r"D 0 • - - "� t�lr,L int l.�l.��C� will not be required, provided the design and location of the building conforms to and is in harmony with the existing structures on the lots first hereinabove described and these covenants. 6. No travel trailer, mobile home, recreational vehicle, tent, shack, garage, barn or out building erected on any lot shall at any time be used as a residence, temporarily or permanently. Provided, however, that recreational vehicles such a§ travel trailers, motor homes, tent trailers, boats, etc., not exceeding ten (10) feet in height and thirty-two (32) feet in length may be stored on the premises at the rear or side of the residence situated thereon with the following conditions: (a) No such vehicle shall be permitted within the front or side line setback areas. • All such vehicles shall bear a current State registration or inspection tag. 7. No sign of any kind shall be displayed to the public view on any single family or duplex residence lot, except one sign of not more than two (2) 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, all of which shall be approved by the committee. 8. No oil drilling, oil development operation, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 9. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other domestic household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste must be kept in sanitary containers. No lot on which improvements have been constructed or erected shall be allowed to become or remain overgrown and/or unsightly. No hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (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 within ten (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 the above described limits of InteTSCCt10nS unless the foliage line is maintained at or above six (6) feet above roadway intersection elevation to prevent obstruction of sight lines - 3 0 s pl 11. Easements for the installation and maintenance of public utilities and drainage facilities are reserved as noted on the recorded plat. Within these easements, no structurc2 planting -: or other- material shall be placed or permitted to remain which may damage, impair ' or interfere with the installation and maintenance of utilities. The easement area of each lot, tract, or parcel and all Permitted- improvements` _within said easement area shall be maintained continuously by the owner of the lot; ;tract, or parcel; except for those improvements for which a_ public authority_ or. _utility_ : company -.is. responsible. 12. Whenever GENERAL DEVELOPMENT UTILITIES, INC., a subsidiary of GENERAL DEVELOPMENT CORPORATION, its successors or assigns, shall cause to be constructed water distribution and sewer service_ facilities for the various lots, tracts and parcels of land encompassed by these restrictions, the fee simple owner of a lot, Tract, or parcel of land on which improvements hirn been --constructed,- and/or_.the lessee -occupying same shall, upon being given thirty (30) days written notice, be -required to pay a meter _ and sewer assessment charge and utilize the water and sewer services furnished by GENERAL DEVELOPMENT UTILITE-S, INCA- No disposal system will be permitted on any building site from and after date on which service is made available to same. The provisions of this paragraph however, shall not be - - construed to exclude or prohibit wells for irrigation, swimming pools and air conditioning. 13. These covenants and restrictions are to run with the land and shall be bfilding upon all parties and all persons claiming under them until thirty (30) years from the date of recording has elapsed, at which time said covenants and restrictions shall automatically be extended for successive periods of ten (10) years; provided, however, that notwithstanding the foregoing date reference contained in this paragraph, said covenants and restrictions, except paragraph 12 hereof, may be altered, amended or rescinded in whole or in part at any time by the then fee owner or fee owners appearing of record of a majority of the lots affected by the respective provisions of these restrictions. 14. In the event of a violation or breach of any of these restrictions by any person or - . concern claiming by, through or under GENERAL DEVELOPMENT CORPORATION, its successors, or assigns, and the then lot owners of record, or any of them jointly or 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.- In addition to the foregoing, GENERAL DEVELOPMENT CORPORATION, its successors or assigns, shall have the right whenever there shall have been built on any lot, any structure which is in violation of these covenants, to enter upon the property where such violation 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 enforce any right, reservation, restriction or condition contained in this Declaration of Restrictions, however long continued, shall not be deemed it waiver of the ri;tht to do so thereafter, as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 4 19 1' 1. i�[(11011 Boa. �C�9 16- t"P�CCti r�il. ryry Boor 15. Invalidation of any portion of these covenants by judgment; decree or court order shall in nowise affect any of the other provisions contained herein, which shall remain in full force and effect. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, has caused these presents to be executed by its proper officers, iwho are thereunto duly authorized, and its corporate seal to be affixed, at Miami, Dade County, Florida, this 29 day of June , 1971. STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this 29 day of June , 1971, before me personally appeared Frederick E. Roach and David A. Doheny President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. pJJ � NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: NIITARY FCCLIC, STATE Or FLORIAA AT LAISE MY Co°,',Ml ��,ION EXPIkES FEU. 7, 1972 •OHDCD T'�HU GH , HED W. 0,1: ;TELHOR3T GENERAL DEVELOPMENT CORPORATION By: President ;,(Corporate Sean-, Attest: .��G �' r. �-�i �.` = '� �— Secretary STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this 29 day of June , 1971, before me personally appeared Frederick E. Roach and David A. Doheny President and Secretary, respectively, of GENERAL DEVELOPMENT CORPORATION, a Delaware corporation to me known to be the persons described in and who executed the foregoing instrument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade and State of Florida, the day and year last aforesaid. pJJ � NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: NIITARY FCCLIC, STATE Or FLORIAA AT LAISE MY Co°,',Ml ��,ION EXPIkES FEU. 7, 1972 •OHDCD T'�HU GH , HED W. 0,1: ;TELHOR3T 0 GENERAL DEVELOPMENT CORPORATION A Delaware Corporation TO WHOM IT MAY CONCERN Jf1 t � t,J BOOK 393 PAGE 522 AMENDMENT TO DECLARATION OF RESTRICTIONS WHEREAS, GENERAL DEVELOPMENT CORPORATION, a Delaware corporation authorized to transact business in the State of Florida, hereinafter referred to as GENERAL, as owner of the following described property situate, lying and being in Indian River County, Florida, to -wit: SEBASTIAN HIGHLANDS UNIT SEVENTEEN, a subdivision in Indian River County, Florida, according to the plat thereof recorded in Plat Book 8, at Page 46, of the Public Records of Indian River County,iFlorida, did heretofore cause to be recorded certain Declaration of Restrictions dated June 29, 1971, filed July 21, 1971 in O.R. Book 389, at Pages 164 thru 168, inclusive, of the Public Records of Indian River County, Florida; and WHEREAS, GENERAL at the present time remains the fee owner of all of the lots in the subdivision plat aforestated; and WHEREAS, GENERAL does now propose to amend said Declaration of Restrictions as more particularly hereinafter set forth. NOW, THEREFORE, Paragraph 1 of the aforesaid Declaration of Restrictions is amended to read as follows: 1. As to all Lots in Blocks 599, 600, 601; Lots 7 thru 14, Block 604; Lots 2 thru 18, Block 605; all Lots in Blocks 606, 607, 608, 609, 610; and Lots 6 thru 34, Block 611; no principal building shall be constructed or erected on any of the aforementioned lots other than one detached two (2) family dwelling not to exceed two (2) stories in height, or one detached single family dwelling not to exceed two (2) stories in height. None of the aforementioned lots shall be resubdivided into building lots having less than ten thousand (10,000) square feet nor having a width of less than seventy-five (75) feet at the minimum building setback line. Nor shall any structure be erected on any of the aforementioned lots having an area of less than seven hundred (700) square feet (living area) per living unit for a two (2) family dwelling, or eight hundred (800) square feet living area for a single family dwelling. Except as herein set forth, the Declaration of Restrictions heretofore recorded in O.R. Book 389, at Pages 164 thru 168, inclusive, of the Public Records of Indian River County, Florida, are ratified, confirmed and reimposed. IN WITNESS WHEREOF, GENERAL DEVELOPMENT CORPORATION, has caused these presents to be executed by its proper officers and its corporate seal to be affixed at Miami, Dade County, Florida, this 1st day of October , 19 71. ATTEST: Secretary STATE OF FLORIDA ) ) SS COUNTY OF DADE ) GENERAL DEVELOPMENT CORPORATION , President HEREBY CERTIFY that on this 1st day of October 19 71, before me personally appeared Frederick E. Roach and David A. Doheny President and Secretary, respectively, of General Development Corporation, a Delaware Corporation, to me known to be the persons described in and who executed the foregoing Amendment to Declaration of Restrictions as such officers of said corporation for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade.6n8••S't�rte of Florida the day and year last aforesaid, NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: {I ; NOTARY tl.;rDA AT I AM tifdLt-tittr �r','!;(j(j'IL';, II:C, 'phis Im.trurnent Y/ns Propnrr d Ity' SII);11'r U. i�i:l�.;:�rlLlt, t;�.ticrt•Uli Ctunwnl (• u. t,+I t'rw l , nc nl t;:tr{tnraUnn