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HomeMy WebLinkAbout1960 03 18 - UNIT 7 Declaration of Restrictionss GENERAL DEVELOPMENT CORPORATION a Delaware corporation DECLARATION OF RESTRICTIONS TO WHCM IT MAY CONCERN a� 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 Ind! an river County, Fl;�z ida, t,o wit: t and, SLBASTIAN 111C1U-AQMDS SUBDIVISION, UNIT 7, a subdivision ill liOi&a River County, Florida, accordInl, to th© plat thereof, recorded in Plat moots 6, at Pu"m 6, oP the' Public Records iii Irdi.an River County, 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 HICULANDS SUBDIVISION, UNIT 7, excepting therefrom Tracts A, B, F, Q, Lots 1-6, Block 4061 Lots 1-3, Block 4070 and to limit the use for which each and every of the lots located in SIMA:1TIA.N HIGIILtiMS SUBDIVISIODI. UNIT 7 excepting therefrom Tracts A. B, F, G, Lots 1=6, Block 4061 Late 1-3, Block 407 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) A,B,P',G= Lots 1-6, Block 4065 Lots 1-3, Block 407, located in the following described property, situate, lying and being in Indian liver County. Florida= to vitt SMMTIAN HIGIU ANDS OMDIVISION, UNIT 7, a subdivision TA Indian River County, Florida, according to the plat thereof, recorded dee in '21at �oo?�. i, rt pa;YQ A , of the Public records of Indian River County, Floridai 411,3 ltarsby iootLJC1 i1 [is f:ollc;���c, zaid fill Of Witch t.�wt.ri.ct:ious ►illd 11:altt;tlup,r tit. 1:+t �tl�a I ;�:: tail }tll a c-�.;�� , hi.. 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, exce tin.0 however, Tracts A. B. F. G= Lots 1-66 Block 4061 Lots 1-3, Block 407, pt trtlatod'hi outtl 014,311AVVI At4 11101n,AGJiltl MIMPI Vf tiff)III uII!'r i 7, shall be l.uo►.n t id descril) :d as residauca lots, and no structure shall be constructed or erected on any residence building lot other than one detached single family dwelling trot to exceed two stories in height and a one or two car garage. 2. On all other lots, other thaar,,vAter 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 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% 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 1212 feet to the rear lot line, nor nearer than 13 feet to the side street line. For the;,Ikrpose of this covenant, laves, 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 PAGE TWO building; nor less than 720 square feet (ground area) for a dwealling of tKore than one story. 4, No noxious or offensive trade shall be carried on upon any lot, nor shall anything bo dons thereon which may be Or become an annoyance or nuisance to the neighborhood. % No trailesr, basement, tent shack. garage* barn or other out. building erected on any lest shall at any time be used an a reesidene s, tesmporarily or permanently,, nor shall any residence of a temporary character be remitted, d. No sign of any kind shall be displayed to the public view on any lot, except one (l) .professional sign of not more than one tl) square foot. or One (l) sign of not more than five (3) squaw 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 raining operations of any kind shall be permitted upon Or in any lot, nor shall oil volls, tanks, tunnels, mineral excavatiQn or shafts be permitted upon or Ln any lot, No derrick ser OtM r Gtar'utturrea dcdigna,4 for use in bearing for oil or natural $40 shall be erected, maintained or permitted upon any lot. 8� Na anfmals, livestock or poultry Of any kind +shall bre raised, breed or kept an any lot, except thaat dog$, cats or other house.. hold pats may be kept, Provided that they Am not kept, brad or maintained for any commercial purpose. ' . No lot shall bee 'aged or merints ned as a damapi.ng gra ,for rubbish. Trash, garbage or other waste shall, not be kept except in sanitary contai12ears. All Incinerators or otherr eequipme"nt for the storage or dispeasltioa of such materials shall be kept in a clean and sanitary condition. "Argy «nr+ra 10. ?';o butldingchall be rrtE ctigd on Any residence lot, untii the deli n And location thereof has been approved, In wri ting, by a co=ittee eappotn*ed by 4MIE" AL DEVELOPMENT CORPORATION, a Delaware corporation. or elected by ea majority of the: oemers of the property first hexaineabove describe~dl provided, heaaever, in the event such cottanitee is not in extstancea, or tails to ��ir.w.r n..n.i x tM1.Mw11M.ti.tiM\Mf`TU.:.IYL:'wr`IdtRMV.: 1-1'y ..... approve or disapprove Ouch design or location within thirty (n) days, than eeuch approval will not 6a retlui.rad, pruvidead tho derbi ;ri wsul louatioll ue tho belt 6041 011,1w to A-10 iu Its ItAilwiq Wch Lim emaciating structures on the lots first hesrainabove described. In any event, either with or without approval of the Coanittee, the ground floor square feet of any building on a residesner- !at, shall not be less than 600 square feet in the case of a one story structures ttor less than 920 square feet (ground area.) in the cL6e of a le or 2 story structure. 11. No fence, scall, hedges or shrub pl&ntin% which obstructs sight lines at elevations between two send 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 -f ve, teat from the Intersection Of the $treeat lines, or in the case of a rounded property corner from the intersection of the street property lines extended, The sauue esi ht linens limitat'ons shall. ripply on any lot within testa 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 distances of ,such intersections unless the foliage line to maintained at auffi.cietnt Wght to prevent obstruction Of such eight lines. 12• The easements trheywn on the plat of STMASrAn MCI" ANON MIXT��VZ3iON, �CT 9, recorded in plat Aeyak 6 at p896 6 of the Public Records of Indian sliver County, Plori,dra, are hereby ruse, .�fsr! as Y'+etual :T 13. The covenants and restrictions are, to run with the land and shall be biudinZ aii all the parties and all persons claiming under them until February 1, 19,80, at which time ®aid covenants and restrictions shall automatically be extended for successive periods of tan (10) years, unless, by vote of a majority of the then otnrers of the lots, it is agreed to change $aid covenants in whole or in part. 1+4. 1n the event of a violation or breach of any of these reatrictions by any person or concern claiming by, through or under i3T.1;X1.M% Ai9EWjjz::ljT 00MRAITON, or by virtue of any judicial proceedinWa, OaTU'AL AWLLO!'P mT CORUPORATION, and the Int omery, or any of them jointly or severally shall have the right to peaceed at law or in equity to comps, a couplL ance with the terms hereof or to prevent the violation or breach of any of there. 2n addition to the foregoind, GENE tAl. DRVMO1v2 = CQ_'tioftA'TZON, shall have the right when- ever there slunll have been guild on any lot any structure which to in violation of there restrictions, to enter upon the property where such vioYation eximts and summartly abate or remove the bewe at the exponee of the owner, and such entry and abatement or removal shall not be deemed a treeshass. The fS.11ure to 895 +6 t' llt t r richt, r +000_ ati oss, 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 therearter as to the same breach or an to a breach occuring prior or subsequent thereto and shall not bar or affect its on. foreement. 15. lnvslidation or a" of these covenants by Judg nt, a acree or court order shall in noose affect my of the other provision& which shall remain in Pula 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 188hday of March , 191"). GENERAL DEVELOPMENT CORPORATION (SEAL) By F'E,MACKLE, JR Attests E.J,MACKLE STATE OF FLORIDA ) s COUNTY OF DADE ) I HEREBY CERTIFY THAT on this 18th day of March 19 69 before me personally appeared b'•E. lAaME0 JR and B.J.tiACIMS 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 expiress rXXXXX31X Page Seven