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DECLARATION
OF
COVENANTS, CONDITIONS and RESTRICTIONS
FOR
VISTA VERDE ESTATES
THIS DECLARATION made this 31st day
of January, 1993, by Martin M. Koshar, Claire N.
Koshar, Robert W. Smith and Martha Y. Smith hereinafter referred to as "DEVELOPER".
WITNESSETH:
WHEREAS, DEVELOPER is the owner of certain real property in Lake
County, Florida, more
particularly described as:
SEE EXHIBIT "A"; ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
AND, WHEREAS, DEVELOPER desires to develop the real property into large residential
lots and
to create certain restrictions in regard to the lots which will preserve the
value and beauty of the lots;
NOW, THEREFORE, DEVELOPER hereby declares that all of the properties described
above shall
be held, sold and conveyed subject to the following restrictions, covenants
and conditions which are for the
purpose of protecting the value and desirability of the real property and which
shall run with the real property
and shall be binding on all parties having any right, title or interest in
the described properties or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
1. DIVISION OF PROPERTY. The DEVELOPER has developed the property into lots
according
to a plat recorded in Plat Book 34 , Pages 1,2&,3 Public Records of Lake
County, Florida. DEVELOPER
retains the right to modify or resubdivide any portion of the lands not sold.
No purchaser may subdivide any
of the lots or tracts for any reason.
2. USE RESTRICTIONS. All of the parcels shall be considered agriculture and
residential and shall
be used for agricultural and residential purposes only. No business shall be
conducted directly within the
confines of any parcel. However this is not intended to restrict a homeowner
from maintaining an office within
the domicile for individually conducting professional work at home. Direct
service to customers or prospective
customers shall not be permitted. Absolutely no sign advertising business activity
shall be permitted.
3. SETBACK REQUIREMENTS. The minimum setback requirements for buildings on
all lots
shall be in accordance with the plat approved by Lake County or the following
whichever is greater:
Setback from paved and dedicated road - 75 feet
Setback for side yard lot lines - 25 feet
Setback from rear lot lines - 50 feet
Setback of outbuildings to house animals shall be the maximum practical distance
from all
property lines behind the domicile.
4. TEMPORARY STRUCTURES. The real property shall be used strictly for one (1)
rural
residential home and the normal outbuildings connected with a farm or ranch
and no structure of a temporary
nature,including trailer, tent, shack or other like outbuildings shall be placed
or used upon the property at any
time, temporarily or permanently; provided, however, that this prohibition
shall not apply to temporary
shelters used by the contractor during the construction of the main dwelling
house or any other outbuildings so
long as such temporary shelter shall not be used for human dwelling or animal
occupancy.
5. ARCHITECTURAL
CONTROL COMMITTEE. No building, structure, mailbox or fence
shall
be erected, placed or altered on any lot or tract until the construction plans
and specifications, including
landscape plans, irrigation plans, and a plan showing the location of the building
or structure have been
approved by the Architectural Control Committee as to quality of workmanship
and materials, harmony of
external design with existing structures and location with respect to topography
and finished grade elevation.
Construction plans must be drawn to scale, show exterior elevations and contain
square footage calculations.
All exterior color schemes must also be submitted for approval. The Architectural
Control Committee shall
originally be composed of the Developers. After sale of all lots on the tract
the lot owners shall elect all
Committee members. Thereafter, the number of members on the Architectural Control
Committee shall not be
greater than five (5) unless changed by majority vote of the lot owners of
record. Each lot shall be entitled to
one vote.
6. PROCEDURE. The Architectural Control Committee's approval or disapproval
of plans or
specifications as required in these Restrictions shall be in writing. In the
event any plans or specifications are
not approved or disapproved within ten (10) days after such submittal, the
plans or specifications shall be
deemed to be approved. Any person or firm purchasing a lot in this subdivision
does so with the express
understanding that these Restrictive Covenants and Conditions are to be strictly
construed and no person or
firm can establish a legal or equitable position by starting construction on
any structure without first
submitting the required plans and/or specifications. The Architectural Control
Committee shall be reasonable
in its consideration of any plans or specifications and will provide written
proof of receipt.
7. PERMANENT
BUILDINGS. Lake County Zoning Laws shall control over any of these
provisions in conflict. The primary residence and garage(s) shall be a design
that would be considered a
standard style in Florida and shall not be one that would be considered radical
in nature. No mobile homes,
doublewides, modular units, prefabricated panel wall construction or any other
type of prefabricated package as
these terms are commonly known in 1993 shall be erected on any parcel as a
primary residence, provided,
however, nothing contained herein shall prevent the use of trusses, prefabricated
cabinets and prefabricated
window and door units. No "earth home" or predominantly submerged
one as it is commonly known shall be
erected on any parcel. The outside finish of each primary dwelling shall be
wood, brick, stone, stucco or any
other finished material normally used in the construction of homes in Florida.
No bright paint, unusual or
severe color schemes shall be permitted. Nothing contained herein shall prevent
any owner from utilizing
energy-saving features, such as a roof-mounted solar heating system. All outbuildings
shall be of qualified and
permanent material (such as wood, block, stone, etc.) and shall be consistent
with dwelling in design and
color. All water tanks, pumps and water softeners shall be covered by a structure
constructed of materials and
designed similar to the principal residence or buildings. No externally visible
TV or radio antenna, except 18-
inch diameter TV dish or smaller shall be permitted. Such dish, if mounted
externally, shall be located behind
and to the rear of the residence away from the nearest roadway. All permanent
electrical service lines to
structures or equipment shall be installed underground, including primary service
lines. Every property owner
shall plant and maintain at least six hardwood trees having a diameter of at
least 1-1/2 inches between the front
of the owner's principal residence and the front lot line before initial occupancy
of the principal residence. Each
lot shall be seeded or sodded within sixty days after occupancy in at least
1/2 acre surrounding the residence.
8. DWELLING SIZE
AND BUILDING RESTRICTIONS. No single family residence shall
be
constructed on any lot with a living area which is less than 2,500 square feet,
exclusive of garages,
screenrooms, porches or storage areas. All residences shall have at least a
two-car garage which may be
detached from the principal house. The garage shall meet the requirements of
paragraph 5 above.
9. OTHER STRUCTURES. Other structures specifically allowed on each parcel in
addition to the
primary residence are barns to house horses, tool barns, storage barns, greenhouses,
swimming pools,
racquetball and tennis courts and kennels for dogs or cats as long as they
meet the requirements of Paragraph
16 below. Where possible, other structures shall conform to the same style
and structure type as the principle
dwelling. No structure shall be taller ground to peak, than the domicile building
and in no case shall
outbuildings be more than single-story. No open-sided building, including pole
barns shall be permitted. No
other structure shall be placed on any lot before a dwelling is constructed
thereon.
10. FENCES AND WALLS. Areas containing the domicile and/or grazing of horses
shall be fully
enclosed by fences. All fences running across the front of the lots shall be
constructed and maintained so as to
provide an appearance of a maintained structure. Fences running across the
front of the lot shall be located as
close to the road right-of-way as reasonably practical, however, the electric
power company should be contacted
for depth and location of cables before fencing within easements. In any event,
all fences, including privacy
fences, must be approved by the architectural control committee. Barbed wire
fences are specifically
prohibited. Chain link fences cannot have open ends on the top. Walls may be
constructed as an adjunct to
permanent buildings but only after approval from the Architectural Control
Committee. Lot owners are
responsible for maintaining and repairing their own fences and walls.
11. NUISANCES. All buildings, fences and grounds of each parcel shall be maintained
in a neat
and orderly manner at all times. Refuse piles, trash, scrap metals, non-operative
vehicles, old household
appliances and equipment shall not be allowed to be placed or maintained on
any parcel. Operating equipment
shall be stored in outbuildings conforming with paragraph 7 above.
12. FIRE CONTROL. Each owner must mow and maintain his or her parcel as necessary
to prevent
fires; each parcel to be mowed at least three (3) times a year, before and
after the construction of any building.
13. TRAILERS,
BOATS AND HEAVY EQUIPMENT. No motorhome, travel trailer, camper,
boat, or boat trailer shall be placed within any of the setback lines, either
temporarily or permanently, and
further must be located behind the rear of the principle house. Heavy industrial
equipment and trucks other
than pick up trucks are expressly prohibited from being stored on any parcel.
Farm equipment necessary for
the maintenance of a parcel shall be permitted if stored behind the rear of
the principle house and not within the
set-backs.
14. FILLING OR
EXCAVATING AND MAINTENANCE. No parcel shall be excavated or
elevated
where such activity materially affects the surface grade of the surrounding
land or the surface water flow as
reflected in the approved sub-division plan. The Lot owners shall be responsible
for the maintenance,
operation and repair of the swales on said property. Maintenance, operation
and repair shall mean the exercise
of practices, such as mowing and erosion repair, which allow the swales to
provide drainage, water storage,
conveyance of other stormwater management capabilities as permitted by the
St. John's River Water
Management District. Filling, excavating or otherwise obstructing the surface
water flow in the swales is
prohibited.
15. SIGN POSTING Absolutely no signs shall be posted or displayed on any parcel
except to
identify the owner(s) name unobtrusively and/or for the express purpose of
selling the property.
16. ANIMALS. No animals except dogs, cats, and horses shall be permitted. No
more than two
horses per lot shall be allowed except during periods between birth and weaning
of foals born to horses housed
thereon. Dogs and cats shall be limited to family pets and their number shall
be restricted to assure their
proper care and attention and to avoid a nuisance to neighbors and to assure
that noise is not persistent. To
this end, all such animals shall be housed inside permanent structures, either
owners domicile or an
outbuilding, during hours of darkness. No horses shall be kept on any parcel,
either permanently or
temporarily, unless an irrigated pasture for forage is provided for such animals.
The pasture must be planted in
an improved pasture grass, fertilized regularly as needed, and mowed and otherwise
cared for to insure healthy
and adequate forage growth in order to maintain complete ground coverage at
all times. Under no
circumstances will animals be allowed on bare sand pastures. It is specifically
understood that all other types
of animals, including but not limited to - hogs, goats, cows, poultry, rabbits,
peacocks and wild animals shall
not be permitted. No kennel or other commercial animal operation shall be maintained
on any parcel;
provided, however, nothing contained herein shall prohibit the owner from selling
the offspring of his or her
animals. No signs advertising the sale of such offspring shall be posted on
or near the property. No animal
shall be allowed outside the confines of its property unless under the direct
control of the owner. No owner
shall allow a dog to attack or threaten any person in adjacent areas, bicycling
or walking on the right-of-way of
the streets in the subdivision.
17. THREE-WHEELERS
AND ALL TERRAIN VEHICLES. No vehicles commonly known as
"three-wheelers", "all terrain vehicles" or off road motor
bikes or dirt bikes shall be operated within the
subdivision; except when used for the purpose of maintaining or for normal
agricultural pursuits on a parcel.
In no instances shall "three-wheelers" or " all terrain vehicles" be
used within the subdivision as pleasure
vehicles.
18. MAINTENANCE
OF ROADS AND ROAD RIGHT OF WAY. Each property owner shall be
responsible to provide a paved driveway at one entry between the property owner's
lot line and the normal
street paving. Driveway crossing of storm water swales beside the paved road
must comply with the sub-
division plan approved by Lake County and the St. John's District. Every property
owner shall be responsible
for maintaining that portion of the road right-of-way lying between the property
owner's lot line and the edge
of the paving.
19. GARBAGE CANS. No garbage cans shall be visible from the paved road except
on days of
pickup.
20. DURATION. The Covenants and Restrictions of this Declaration shall run
with and bind the
land and shall inure to the benefit of and be enforceable by the owners of
any and all of the parcels subject to
this Declaration, their legal representatives, heirs, successors and assigns,
for a period of fifty (50) years from
the date this Declaration is recorded, after which time the Covenants shall
be automatically extended for
successive periods of ten (10) years unless changed by at least 3/4 of the
owners.
21. NOTICES. Any notice required to be sent to any owner under the provisions
of this Declaration
shall be deemed to have been properly sent when mailed, postpaid, to the last
known address of the person
who appears as owner of record on the Public Records of Lake County, Florida.
22. COSTS AND
EXPENSES. Any parcel owner (which term shall include all members
of the
parcel owner's family) breaching the terms of this Declaration shall be liable
for all costs of such breach,
including court costs and reasonable attorney's fees.
23. AMENDMENTS. Amendments shall be made at the discretion of the DEVELOPERS
until all
lots have been sold. Thereafter these Covenants, Conditions and Restrictions
may be added to or amended in
whole or in part by 3/4 of the property owners voting in favor of such amendment
or amendments; provided,
however, the affirmative vote of all the property owners (whether in attendance
at a meeting or not) will be
required to pass any amendment that would effect the further subdivision of
any of the parcels; except for the
DEVELOPER as set out in Paragraph 1 above. Each owner(s) shall have one vote
for each parcel as designated
on the plat of the subdivision.
BY: _____________________________
MARTIN M. KOSHAR
_____________________________
CLAIRE N. KOSHAR
_____________________________
ROBERT W. SMITH
_____________________________
MARTHA Y. SMITH
STATE OF FLORIDA, COUNTY OF LAKE: Original and First Amendment recorded in
O.R. Book 1457,
pages 224 and 225, on or before August 12, 1996
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