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Home My WebLink About1960 03 14 - UNIT 7 Declaration of RestrictionsGENERAL DEVELOPMENT CORPORATION a Delaware corporation DECLARATION OF RESTRICTIONS TO WHOM IT MAY CONCERN 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 wits and, Lots 1 through 6, Block 406; Lots 1 through 3, Block 407 of SEBASTIAN HIGHLANDS SUBDIVISION UNIT 7, according to the plat thereof, recorded in Plat Book 6, at page 69 of the Public Records of Indian River County, Florida; ',%iEREAS, 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 69 Block 406; Lots 1 through 39 Block 407 of SEBASTIAN HIGHLANDS SUBDIVISION UNIT 79 according to the plat thereof, recorded In Plat Book 6, at page 69 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 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 r 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 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 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 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 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. V/ 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 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 any of the foregoing restrictions by any person, or by virtue of any judicial proceedings, the subdivider, and its successors and assign4 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 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, / 7 this /� day of /"oe-e—� 19,/d GENERAL DEVELOPMENT CORPORATION (SEAL) By: G GC Its president Attest: v ItSecretary STATE OF FLORIDA ) COUNTY OF DADE �/ 7� 19 G I HEREBY CERTIFY THAT on this /'/ day of Q before me personally appeared F.E. MACKLE 9 JR, and g,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 salad 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 o Florida at rge My c ommi s s i on a xpi re s : Notary Public, State of Florida at Large MY Commission E:_Piras U-1 13, 19063 Bonded By American ;its a Casualty Cp, Page Five 10