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* DECLARATION OF
* RESTRICTIONS
* FOR POINT O'WOODS, a
Subdivision
TO WHOM IT MAY CONCERN
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WHEREAS, POINT O'WOODS, a Florida General Partnership
is the Owner of the "following described property, situate,
lying and being in Indian River County, Florida, to wit:
SEE ATTACHMENT "A"
WHEREAS, the property above described is not subject to
restrictions and limitations of record; and y
WHEREAS, it is now desired by the Owner, POINT O'WOODS,,
a Florida General Partnership, 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, 'I'llEIREFORE, the Owner, POINT O'WOODS, a Florida
General Partnership, does hereby declare that each and every
one of the numbered lots are hereby restricted as follows,
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 hereinafter made and one of
the express conditions thereof, and that said restrictions
and limitations are intended to be and are taken as
covehants to run with the. land, and shall,be as follows, to
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1. All lots in all blocks shall be known as single
family residential lo£s and no principal building shall be
constructed or erected exceeding three stories in height,
nor shall any principal building be erected on said lots
having an area less than 11250 square feet of living area.
Any two story, or three story principal building shall have a
minifimm of 1,000 square feet of living area on the ground
floor. The minimum square footage residential requirements
shall be established and construed as being exclusive of
garages, porelies, screened porches, patios, breezeways,
balcony or terrace 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. For each residential unit there shall be
constructed a closed garage. Carports are specifically
prohibited. Said garage shall be attached to the main
structure.
3. No building or other structure shall be etected on
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any lot until the .plans and/or specifications, design and
location thereof have been approved in writing by the Archi-
tectural Control Committee. This Conunittee shall have at
least .three membexs who, after all lots are sold by the
POINT W WOODS, shall all be lot owners. However, if
approval or disapproval of such design or location is not
forwarded to- the applicant within thirty (30) days after
request for approval, or if the Architectural Control
Committee is not in existence 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
Oil the lots first- here and above described in these
covenants. All structures shall comply with all applicable
city, county and state laws and ordinances.
00ORD b 5 5 PALL Z 18 0
4. The ArchiUectural Control Committee will be
composed of individuals appointed by the owner, POINT
O'WOODS, a Florida General Partnership, so long as any lots
are unsold by him. After the sale of all of the lots subse-
quent owners will elect the Architectural Control Committee
by a majority vote of those attending a regular or special
meeting called for that purpose and after notice to all
property owners, with each lot having one vote.
5. No -travel trailer, mobile home, recreational
vehicle, boat, 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 oil 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 current State
Registration or Inspection Tags.
G. No sign of any kind shall be displayed to the
public view on any single residential lot, except one sign
of not more than four (4) 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 Architectural
Zontrol Committee.
. 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 conunercial
purpose. 1.
„ "In I.1;itRIS')liq
0. No lot shal'1 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.
9. All utilities should be placed underground in the
easements dedicated for that purpose or in locations and in
a manner approved by the Architectural Control Committee.
10. Basements for the installation and maintenance of
public utilities and drainage facilities are reserved as
noted on the rec— 1,_-d 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 the public
authority or utility company is responsible. F'
11. Nothing shall be done on any lot which may be or
become a nuisance or annoyance to the neighborhood.
12. Clotheslines or drying yards shall be so located
as not visible from the street serving the premises or from
the waterfront.
13. Any fences constructed on the homesitea shall be
of an attractive, decorative character and shall be
permitted by approval of the Architectural Control
Committee. Chain link or like style and type fences are
prohibited on the homesites, except by approval of the
Architectural Control Committee. Fences, shall be located
only in the rear of a dwelling and not. along the sides or.
the front of the dwelling. /
14. No. oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall
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be permitted upon or ih 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 permittgd upon any lot.
15. These covenants and restrictions are to run with
the land and shall be binding upon all parties and all
persons deraigning title through the undersigned and
claiming undei! 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 may be
altered, amended or rescinded in whole or in part by the
Developer -Owner, POINT O'WOODS, a Florida General
Partnership, at any time before all lots are sold by him and
thereafter at any time by the then fee owner or fee owners
appearing of record of a majority of the lots aff'ecLed by
the respective provisions of these restrictions.
16. In the event of a violation or breach of any of
these restrictions by any person or concern claiming by,
through or tinder, the undersigned, his successors, or
assigns, and the then lot owners of record, or any of them
jointly or severally or a Property owner's Association
created for POINT O'WOODS, shall have the right to proceed
at law or in equity to compel a compliance with the terms
i
hereof or to prevent the violation or breach of any of them
or to recover damages. In addition to the foregoing, his
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
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abatement or removal sliall 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'to subsequent thereto and shall not bar or
affect its enforcement. The party bringing the action or
suit shall be entitled to recover, in additioh to costs and
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disbursements allowed by law, such sum as the Court may
adjudge to be reasonabl.-..for the services of his attorney.
17. Invalidation of any portion of these covenants by
judgment; decree or court order shall in no wise affect any
of the other provisions contained herein, whichshall remain
in full force and effect.
18. The Architectural Control CouunitLee reserves and
is hereby granted the right in case of any violation or
breach of any of the restrictions, rights, reservations,
limitations,. agreements, covenants, and conditions herein
contained to enter the property, upon or as to which such
violation or breach exists, and abate and remove at the
expense of. the owner thereof, any erection, thing, or
condition that may be or exist thereon contrary to the
intent. and meaning.,of the provisions hereof, as interpreted
by said Committee, and the Committee shall not, by reason
thereof, be deemed guilty of: any manner of trespass for such
entry, abatement or removal. A failure of: said Committee to
enforce any of the restrictions, rights, reservations,
limitations, agreements, covenants and conditions contained
herein shall in no event be construed, taken or held to be a
waiver thereof, or acquiescence in, or consent to any
containing, further or succeeding breach or violation
thereof, and the Committee shall, at any and all times, have
the right- to. enforce the same. Further, the Committee may
enforce these restrictions by injunction and/or damages
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against the parties violating these restrictions and shall
be allowed to recover attorney's fees and costs from the
person or persons in violation of these restrictions. Such
aforesaid reservations and rights of the Architectural
Control Committee to perfect inconsistencies in violation of
this section shall be inVoked'by said Committee with due
notice prescription to the offending party or parties by
certified mail or hand delivered written complaint. Said
due -notice provision shall be enforceable subsequent to
fifteen (15) days of mailing or delivery of same by hand,
arid, if upon a' Cofftillee finding of noncompliance, the
offending property owner shall be held at fault, in which
I
i case the Architectural Control Committee will have exercise
of all of the 'reservations and rights as hereintofore
granted.
19. No grantee or successor in title shall subdivide
or convey less than the whole of any lot without first
obtaining the written consent of the Architectural Control
Committee. F
20. In all instances where plans and specifications
are required to be submitted to and are approved by the
Architectural Control Committee, if subsequent thereto there
shall be any variance in the actual construction and
location of any improvements covered thereby without the
written permission of the Committee, any such variance shall
be deemed a violation of these restrictions, and such
variance will be required 'to be corrected or reverted to the
original plan or removed in the discretion of the
Architectural Control Committee.
IN WITNESS WHEREOF the undersigned has caused this
Declaration to be executed in his name this 13th day of
Januity , 1983.
Witness: / POINT of/OOQB; a,Florida
• % ' General' ar/t�nersh`jp
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\ / Leven Taca, Gener
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared STEVEN TACA, to me
well-known and known to me to be the person described in and
who executed the foregoing instrument, and acknowledged to
and before me that tie executed said instrument for the
purposes therein expressed.
?•;. WITNESS my hand and official seal, this 13th day
of January , A.D., 1903.-
NO -OWL Pubic, State of
's'•;iJ'',Yr;ii. r Florida!
"yap ',',=�:� •h., My Commission Expires:
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Prepared by and Return to:
RENE G. VANDEVOORDE, Esquire
P. O. Drawer B
Sebastian, Florida 32959
1
MPIARY PUOUC S141[ Of rtOPIDA
RY 010115'IO11 EXPIRE£ NAN 19 1986
BONDED 11111U GENERAL INS. UND.
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