INSTRUMENT 12012053361 ORBK4i64PG1496-1496 (1 PGS) DATE: 5/23/201210:10:42AM PREPARED BY AND RETURN TO: Erick D Langenbrunner, Esq.\gan McLin Burnsed NEIL KELLY, CLERK OF THE CIRCUIT COURT LAKE COUNTY I 028 Lake Sumter Landing ,, e Villages, FL 32162 RECORDING FEES $10.00 I( U()' 1)/ SECOND AMENDMENT TO THE DECLARATION OF · COVENANTS, CONDITIONS AND RESTRICTIONS '- FOR ORANGE BLOSSOM GARDENS CHULA VISTA VILLAS a Subdivision in Lake County according to the Plat thereof as recorded in Plat Book 33, Pages 8 through 10, Public Records of Lake County, Florida.
RECITALS A. On January 29, 1992, OrangeBlossomHills, Inc., as Declarant, recorded in Official Records Book I l 46, Page l 960, Public Records of Lake County, Florida, a DECLARATION OF COVENANTS, CONDITIONS AND RESTRJCTIONS for the subdivisionlmown as ORANGE BLOSSOM GARDENS CHULA VISTA VILLAS ("Declaration"), according to the plat recorded in Plat Book 33, Pages 8 through l 0, Public Records of Lake County, Florida.
B. On April 27, 2005, The Villages of Lake-Sumter, Inc., formerly known as Orange Blossom Hills, Inc., as Declarant, recorded in Official Records Book 2819, Page 318, Public Records ofLake County, Florida, an AMENDMENT TO DECLARATION OF COVENA,'ffS, CONDITIONS AND RESTRICTIONS for the subdivision known as ORANGE BLOSSOM GARDENS CHULA VISTA VILLAS ("First Amendment").
C. At this time, pursuant to the rights reserved in Article XI, Section 3 of the Declaration, Declarant hereby hereby amends the Declaration.
NOW, THEREFORE, the Declaration is further amended as follows: The Declaration is further amended by amending and restating Article VI, Section 9 as follows: '"Section 9. No outbuilding, tent, shack, garage, trailer, shed, utility building or temporary
s follows: The Declaration is further amended by amending and restating Article VI, Section 9 as follows: '"Section 9. No outbuilding, tent, shack, garage, trailer, shed, utility building or temporary building of any kind shall be erected, except temporarily only for construction purposes. Clear (non-colored) concrete and driveway coatings are permitted. No colored coatings are pennitted without the prior written consent ofDeclarant, its designee, or an architectural reviewcommitteeappointed byDeclarantor Declarant's designee."
(Signature of Notary Public) Vicki C, Varnon (Print Name ofNotary Public) Serial/Commission Number) VICKI C. VARNON Commission # EE 125038 Expires September 22, 2015 &nledTtlllilttf FaiFl ~11S!COeGl).U5-70te ii This instrument was prepared by and should be returned to: Valerie C. Fuchs, Esq.
9862 C.R. 114A Wildwood, FL 34785 VILLAGE CENTER CDD 1894 LAUREL MANOR DR THE VILLAGES, FL 32162 j_illlll 11111 Jilli 1111111111 lilil lilll 11!1111111 lilil 1111 llli ,,rn 2010123150 Bk 03978 Pss 1313 -1315; (3pgs) DATE: 12/06/2010 02:27:26 PM MEIL KELLY, CLERK OF COURT LAKE COUMTY REC:Of.:DHJG FEES 27. O!J MEMORANDUM OF AGREEMENT PERTAINING TO Enforcement of Certain Deed Restrictions within the boundaries of the Town of Lady Lake section of The Villages and the Lake County section of the Villages CHULA VISTA VILLAS HOMEOWNERS ASSOCIATION, INC., UNIT 81 ("HOA") and VILLAGE CENTER OMMUNITY DEVELOPMENT DISTRICT ("District").
RECITALS: WHEREAS, the District is a Community Development District validly created and validly
OWNERS ASSOCIATION, INC., UNIT 81 ("HOA") and VILLAGE CENTER OMMUNITY DEVELOPMENT DISTRICT ("District").
RECITALS: WHEREAS, the District is a Community Development District validly created and validly existing pursuant to Chapter 190, Florida Statutes ("F.S."); WHEREAS, this Agreement is created pursuant to the authority granted by Chapter 190, F.S.; WHEREAS, Chapter 190.012(4)(a), F.S., was recently amended to grant District the authority to adopt rules to enforce certain deed restrictions within its boundaries ("Amendment"); WHEREAS, the District recently adopted a rule entitled "Rule to Bring About Deed Compliance" within its boundaries ("Rule"); WHEREAS, the Amendment provides that if there exists a homeowners' association having respective enforcement powers regarding deed restrictions as those recently granted to the District by Chapter 190, F.S., the District can not enforce its Rule on property under the association's jurisdiction unless the District and the association agree in writing to enforcement of the Rule by the District; WHEREAS, the HOA has respective enforcement powers as those recently granted to the District by Chapter 190, F.S.; WHEREAS, the HOA desires to provide this written Memorandum of Agreement consenting to the adoption and enforcement of said Rule by the District; WHEREAS, the HOA and the District find that the adoption of deed compliance Rule and its implementation and enforcement is in the best interest of the residents and landowners within District; and, WHEREAS, the parties desire to enter into this Agreement to set forth the parties understandings regarding the implementation and enforcement of the deed compliance Rule within District boundaries.
1
nt to set forth the parties understandings regarding the implementation and enforcement of the deed compliance Rule within District boundaries.
1 NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein the parties agree as follows: 1. RECITALS. The above recitals are true and correct and are hereby incorporated into this paragraph.
2. BENEFIT. The District and the HOA agree that HOA's consent to allow the District to implement and enforce its adopted Rule regarding the enforcement of certain deed restrictions and the implementation thereof to obtain deed compliance is in the best interest of and benefit to the residents and land owners of the District.
3. CONSENT/APPROVAL. The HOA hereby consents to and approves the adopted Rule of the District as the District deemed necessary to enforce those certain deed restrictions authorized by Chapter° 190, Florida Stati!tes, in order to bring about deed complia..rice. This consent includes the District's ability to have architectural control over the property subject to the applicable deed restrictions, and to the extent provided for in the applicable restrictions, the ability to mow the lawn( s) and charge the owner( s) the cost thereof if adherence to the section of the restrictions regarding the same is not adhered to. Notwithstanding anything contrary in the above, the HOA shall not lose any of its authority to enforce the subject deed restrictions, including but not limited to architectural control, if it has such authority and it so desires to exercise such authority.
4. AMENDMENT. No amendment, modification or waiver of this Agreement ,~/ shall be binding unless executed in writing by all parties hereto.
such authority and it so desires to exercise such authority.
4. AMENDMENT. No amendment, modification or waiver of this Agreement ,~/ shall be binding unless executed in writing by all parties hereto.
this Agreement will nevertheless remain in full force and effect.
6. MATTERS UNAFFECTED. No right or obligation that may currently or subsequently exist respecting the parties and their relationship one to the other shall be deemed waived or otherwise affected by this Agreement unless such right or obligation is specifically addressed herein.
7. EFFECTIVE DATE. This Agreement shall become effective on the date of execution of t.li.e last party signing ,it.
8. RECORDING. This Agreement shall be recorded in the public records of Sumter County.
IN WITNESS WHEREOF, the HOA and the District have executed this Agreement the year and date written above.
2 ) i I.
I STATE OF FLORIDA Chula Vista/4fuas HOA President COUNTY OF LAKE / (Print name of Notary Public) My Commission Expires: /11. /iJ Serial/Commission Number:D.2> !??7 o / STATE OF FLORIDA COUNTY OF LAKE
(Print name of Notary Public) My Commission Expires: /11. /iJ Serial/Commission Number:D.2> !??7 o / STATE OF FLORIDA COUNTY OF LAKE FFLORIDA (Print name ofNotary Public) 3 ; I ..
·, 14693 DECI.ARATIOJ!f OJ' COVBIIAliTS, COJ!IDITIOJ!IS :r.NI) l!l!STRIC'l'IOJ!IS ORANGE BLOSSOM HILLS, INC,,. a Florida Corporation, hereinafter called Declarant, is tbe"""owner in fee simple of certain re!ll property located in Lake County, Florida, known by official plat designation as ORANGE BU>SSOM GARDENS CHULA VISTA VILLAS, pursuant to a plat recorded in Official Records Book 33 at page 8-10 of the public records of Lake county, Florida.
For the purpose of enhancing and protecting the value, attractiveness and desirability of the lots or tracts constituting such sUl:>division, Declarant hereby declares that all of the real property described above and each part thereof ' shall be-held, sold, and conveyed only subject to the following constitute covenants :running with the land and shall be bindt,ng • f ... . ; on all parties having any right, title, or interest in the above des.cribed p;roperty or any part thereof,
ns, Which shall constitute covenants :running with the land and shall be bindt,ng • f ... . ; on all parties having any right, title, or interest in the above des.cribed p;roperty or any part thereof, and assigns, and shall inure to the thereof. their heirs, . \ benefit of ARTICLl! I, DEJ'Il!IITIOJ!IS successors, each own!ar } sootion 1, "Associatiofi• shall mean and refer to CHULA VISTA VILLAS HOMEOWNERS ASSOCIATION, INC. , or some othe,; sim,U.a_rly named nonprofit corporation, its successors and assigns, ~hich may be formed to assume the rights and duties described pursuant hereto·.
section 2, "Common area• shall mean all real property shown on the plat referenced above and dedicated• for the common use and enjoyment of the owners or residents at Orange Blossom Gardens together with additions in accordance herewith, Title to the common area shall be dedicated for common use free and clear of any liens or encumbrances.
secti.on 3, 110eqlarant• shall mean ORANGE BLOSSOM HILLS, INC,, and its'successors and assigns, ;::::; ~ ( 80DK1146 Pm 1961 seotion 4, •Lot" shall mean any unit of land designated as a lot on the recorded subdivision plat referred to above.
section 5. "Maintenance• shall mean the exercise of reasonable care to keep buildings, roads, landscaping, lighting, lawns and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted garden-management practices necessary to promote a healthy, weed-free environment for optimum plant growth, section ,. "Member" shall mean every person or entity who holds membership in the association.
seotion 7.
ment practices necessary to promote a healthy, weed-free environment for optimum plant growth, section ,. "Member" shall mean every person or entity who holds membership in the association.
seotion 7.
section a. "Mortgage• shall mean a conventional mortgage.
"Mortgagee" shall mean a holder of a conventional mortgage.
section,. "OWner" shall mean the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the subdivision, and shall include contract sellers, but'shall not include those holding t.itle merely as security for performance of an obligation.
be a "member" • Every "owner" shall seoi:ion 10. "subdivision" shall mean the subdivided real property hereinbefore described and such additions thereto ,as .. may be brought within the jurisdiction of the association as hereinafter provided.
ARTICLB II. OBLIGATIONS 07 DBCLARANT section 1. xaintenanoe Duties. The Declarant shall perform those maintenance and repair services hereinafter allocated to the Association for an initial period of fifteen (15) years and thereafter until suoh time as the Declarant may relinquish performing those services. If the Oeclarant relinquishes performing those services,. then the Association a,i contemplated below shall be formed and shall assume the duties and be empowered with the rights as hereinafter described, however no association formed before s.uch time as Declarant relinguishes -2 .. / ... , 800K1146PACE1962 performing those services may assume those duties or have those rights hereinafter described. If the Declarant relinquishes performing those services, the Declarant reserves the right to enter upon and maintain Tract No. 5 as· shown on the plat referenced above.
ARTICLB III. Tlll! ASSOCIATIO!il
f the Declarant relinquishes performing those services, the Declarant reserves the right to enter upon and maintain Tract No. 5 as· shown on the plat referenced above.
ARTICLB III. Tlll! ASSOCIATIO!il section 1. Xembership. Every owner of a lot shall be a member of the association; membership shall be appurtenant to and may not be separated from ownership of a lot.
section 2.
of voting members. Voting. The association shall have one class All owners shall be entitled to one vote for each lot owned. When more than one person holds an interest in a given lot, all such persons shall be members and the vote for such lot shall be exercised as they may determine among themselves. In no event shall more than one vote be cast with respect to any lot owned.
section 3. Lien and Personal Obligation of Assessments.
Declarant hereby covenants for each lot within the subdivision, and each owner of a lot is hereby deemed to covenant by acceptance of his deed for such lot, whether or not it shall be so expressed in his deed, to pay to the association (1) annual assessments and (2) special assessments for capital improvements.
Such assessments will be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and a continuing lien on each lot against which such an assessment is made. Each such . assessment, together with interest, costs, and reasonable attorney's fees shall also·be the personal obligation of the person or persons who owned the lot at the time the assessment fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them • .. ,I( section 4. services Provided by the Association.
nt fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them • .. ,I( section 4. services Provided by the Association.
annual assessments levied by the association shall be -3 -The used ' !
\BOQKff46PAGE1963 exclusively to promote the health, safety, welfare, and recreation of the residents in the subdivision, and for the improvement and maintenance of the common areas and for such other purposes as set out below: (a) Maintenance and repair of the common areas1 (b) water, sewer, garbage, electrical, lighting, telephone, gas, and other necessary utility service for the common area; (c) Maintenance and repair to private roads within the confines of the subdivision; (d) Maintenance and repair of exterior fence .walls within the subdivision except for the painting of that portion of the fence wall facing the interior of an owner's lot and the front gate fence walls1 (e) Maintenance and repair of the storm water runoff drainage system; (f) In the event the need for maintenance or upkeep is attributable to the willful or negligent act of the owner of a lot, his family, guests, or invitees, the .. cost of such maintenance or upkeep shall be added to and become part of the assessment to which such lot is subject.
sections. special Assessments for Capital Improvements. In addition to the annual assessments authorized above, .. the association may levy in any assessment year a special assesijment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement on the common area, including fixtures and personal property related thereto.
fraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement on the common area, including fixtures and personal property related thereto.
Any such assessment must be approved by a majority of each· class of members.
section 6. Notice and Quorwa for Action Authorized under section 5 written notice of any meeting called for the purpose of taking any action authorized by Section 5 shall be sent to all members not less than ten (10) nor more than thirty (30) days in advance of such meeting. In the event the proposed action is - 4 BOOK 1146 PAGE 1964 favored by a majority of the votes cast at such meeting, but less than the requisite majority of each class of members, members who were not present in person or by proxy may give their assent in writing within five (5) days after the date of such meeting.
special assessments must be fixed at a uniform rate for all lots, Assessments. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the date upon which the Declarant abandons providing maintenance and repair services. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of the due date thereof and shall fix the dates such amounts become due. Assessments may be made payable monthly.
Notice of the annual assessments shall be sent to every owner subject thereto. The association shall, on demand and for a
ix the dates such amounts become due. Assessments may be made payable monthly.
Notice of the annual assessments shall be sent to every owner subject thereto. The association shall, on demand and for a reasonable charge, furnish a certificate signed by an officer of the association, setting forth whether the assessments against a specific lot have been paid, and shall, on or before February l of each year, cause to be recorded in the Public Records of Lake county, a list of delinquent assessments as of Oeqembe,;. _31 of the prior year.
Saotion ll. Bfteot of Nonpayment of Assessments1 Remedies of the Assooiation. Any assessment not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest from the due date at the rate of fifteen (15) percent (15%) per annum. The association may bring an action· at law against the owner personally obligated to pay the same, or may foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his lot.
Saotion 10. Subordination of J.ssas·smant Lian to Mortgages ·The assessment lien provided for herein shall be subordinate to - 5 \ -' BOOK1146PACl1965 the lien of any first mortgage as to liens which arise subsequent to the Mortgage, A sale or transfer of any lot shall not affect the assessment lien, However, the sale or transfer of any lot pursuant to a mortgage foreclosure of a first mortgage or any proceeding in lieu thereof, shall extinguish the assessment lien as to payments which become due prior to such sale or transfer and after the date of the mortgage, No other sale or transfer shall relieve such lot from liability for any assessments
e assessment lien as to payments which become due prior to such sale or transfer and after the date of the mortgage, No other sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof, llTICLB IV, TWI ORANGB BLOSSOX GAIU>BNS llXEJIITIBS l'BB Each owner hereby agrees to pay a monthly assessment, or charge against each lot for the use of the recreational and other amenities of Orange Blossom Gardens in the amount per month set forth in such owner's Deed, The amenity fee set forth is limited to the owner named therein. In the event the owner(s) transfers, assigns or in any way conveys their interest in and to the lot, the new owner(s) shall be obligated to pay the prevalent maintenance sum that is then in force and effect for new owner(s) of lots in the most recent addition or unit of Orange Blossom Gardens. The monthly assessment, or charge as set forth in this section is based on the cost of living for the month of sale as reflected in the Consumer Price Index, U.S. Average of Items and Food, published by the Bureau of Labor Statistics of the U ,S.
Department of Labor, The month of sale shall be the date of the contract for Purchase of the lot, There shall be an adjustment in the monthly assessment or charge in three years after such date and every year subsequent thereto, The adjustments shall be proportional to the percentage increase or decrease in the Index from the date of sale to three years from said date and each subsequent one year period thereafter, Each adjustment shall be in effect for the intervening one year period, Adjustments not used on any adjustment date may be made any time thereafter, Each owner agrees that as additional facilities are requested by
nt shall be in effect for the intervening one year period, Adjustments not used on any adjustment date may be made any time thereafter, Each owner agrees that as additional facilities are requested by ·,the owner(s) of lots in orange Blossom Gardens and the erection of such additional facilities is agreed to by the Declarant,· that -6 , . \ ..
80DK1146 PACE 1966 upon a vote of one half (l/2) of the owners in Orange Blossom Gardens, including the owners in the Chula Vista Villas, approving such additional facilities and commence with charges therefor, the monthly assessment as provided for in this section shall be increased accordingly without the limitations set forth herein, For the purpose of all votes the Declarant shall be entitled to one (l) vote for each lot owned by the Declarant, The monthly charges shall be paid to the Declarant or its designee each month to insure the provision of the services being paid for. The monthly charges for services described in this section shall be due and payable to Declarant and said charges once in effect will continue month to month whether or not said lot is vacant. OWner does hereby give and grant unto Declarant a continuing lien in the nature of a mortgage upon the lot of the owner superior to all other liens and encumbrances, except any institutional first mortgage. This lien shall secure the payment of all monies due Declarant hereunder and may be foreclosed in a court of equity in the manner provided for the foreclosures of mortgages, In any such action or any other action to enforce the provision of this lien, including appeals, Declarant shall· be entitled to recover attorney's fees incurred by it, abstract bills and court costs. An institutional first mortgage referred
enforce the provision of this lien, including appeals, Declarant shall· be entitled to recover attorney's fees incurred by it, abstract bills and court costs. An institutional first mortgage referred to herein shall be a mortgage upon a lot and the improvem.ents thereon, originally granted to an owner by a bank, saving,;; and trust, or insurance company intended to finance the lot and/or improvements. owner together with owner's heirs, successors and assigns, agree to take title sUbject to and be bound by, and pay the c.harge set forth herein and acceptance of the deed shall further signify approval of said charge as being reasonable and fair, taking into consideration the nature of Declarant' s project, Oeclarant's investment in the recreational area, and in view of all the other benefits to be derived by the owners as provided herein, owner acknowledges that owner and owner's ·heirs, successors and assigns, shall not have any right, title, - 7 . ( claim or interest in and to the recreational area and facilities contained herein or appurtenant thereto, by reason of this agreement or otherwise, it being specifically agreed that Declarant, its successors and assigns, is the sole and exclusive owner of said facilities, section 1. ARTICU V, PROPBRTY RIGHTS Reciprocal Baaaaanta. BOOK 1146 PACE 1967 There shall exist reciprocal appurtenant easements between adjacent lots and between a lot owner and adjacent common areas or reserved areas.
Each lot may be both benefited and burdened by side yard easements, driveway easements, easements for ingress and egress, and easements for maintenance, as described below: (a) Sida Yard Basements.
(1) Scopa and Duration. There shall exist for the
side yard easements, driveway easements, easements for ingress and egress, and easements for maintenance, as described below: (a) Sida Yard Basements.
(1) Scopa and Duration. There shall exist for the benefit and use of the dominant tenement side yard easements over and upon the servient tenement. The easements shall be perpetual and the holder of the dominant tenement shall have exclusive use of that portion of the servient tenement burdened by the side yard easement, except that the servient tenement shall retain the following rights: (i) The owner of the servient tenement shall have the right at all reasonable times to enter upon the easement area, including the. right ..
to cross over the dominant tenement for such .
entry, in order to perform work related to the use and maintenance of the servient tenement, In exercising the right of entry upon the easement area as provided for above, the owner of the servient tenement agrees to utilize reasonable care not to damage any landscaping or other items existing in the easement area.
(ii) The servient tenement shall have the right of drainage over, across and upon the easement area for water draining from the roof of any dwelling or structure upon the servient -8 tenement, the right to maintain eaves and appurtenances thereto and the portions _of any dwelling structure upon the servient tenement as originally constructed or as constructed pursuant to Article X hereof. 800K1146 PACE 1968 (iii) The owner of the dominant tenement shall not attach any object to a wall or dwelling belonging to the servient tenement or disturb the grading of the easement area or otherwise act with respect to the easement area in any manner which would damage the servient tenement.
(2) Description of the Side Yard Basement.
nement or disturb the grading of the easement area or otherwise act with respect to the easement area in any manner which would damage the servient tenement.
(2) Description of the Side Yard Basement.
The side yard easement shall extend over that portion of the servient tenement lying between the side lot line of the dominant tenement and the building wall and extending fence wall located upon the adjacent servient tenement as originally constructed by Declarant. The side yard easement will extend from the interior of the rear fence wall to the exterior of the front gated fence wall. The dominant tenement shall be responsible for maintenance of the side yard easement.
(3) Lots Affected by the Side Yard Basement.'
The side yard easement shall benefit and burden. the following lots: (i) Lots both burdened and benefited by side yard easements shall be Lots 2 through 12, 15 through 26, 29 through 34, 37 through 45, 48 through 54, 57 through 61, 64, and 67 through 10·.
(ii) Lots burdened but not benefited by side yard easements shall be Lots 13, 14, 35, 46, 55, 56, 65, and 71.
(iii) Lots benefited but not burdened by side yard easements shall be Lots l, 27, 28, 36, 47, 62, 63, and 66.
-9 . \ C (b) Driveway Baauanta.
(1) Scopa and Duration. There shall exist fer the benefit and use cf the dominant tenement a driveway easement over and upon servient tenement. The driveway easement shall be perpetual and the holder of the dominant tenement shall have exclusive use of that portion of the servient tenement burdened by the driveway easement except that the servient tenement shall retain the following rights: 600K1146PAG£1969 (i) The owner of the servient tenement shall have the right of ingress and egress over the driveway easement to access the owner's side
ent tenement shall retain the following rights: 600K1146PAG£1969 (i) The owner of the servient tenement shall have the right of ingress and egress over the driveway easement to access the owner's side yard and the side yard easement benefiting the lot owner.
(ii) The owner of the servient tenement shall have the right at all reasonable times to enter upon the easement area, including the right to cross over the dominant tenement for such entry, in order to perform work related to the use and maintenance of the servient tenement. In exercising the right of entry upon the easement area as provided for above, the owner of the servient tenement agrees to utili.ze reasonable care not to damage any landscaping or other. i tem'S .· existing in the easement area.
( iii) The servient tenement shall have the right of drainage over, across and upon the easement area for water draining from the roof of any dwelling or structure upon the servient tenement, the right to maintain eaves and appurtenances thereto and the portions of any dwelling structure upon the servient tenement as originally constructed or as constructed pursuant to Article X hereof.
(iv) The owner of the dominant tenement shall not attach any object to a wall or dwelling -10 / grading of the easement area or otherwise act with respect to the easement area in any manner which would damage the servient tenement, BOOKii4&rm1970 (2) Description of the Driveway Basement (a) Lot 1: Beginning at a point where the side lot line of Lot 1 intersects the driveway of Lot l, thence run along said driveway over and upon Tract No. 5 toward the roadway to a point where Tract No. 5 meets the road right of way of Ricardo Avenue, thence easterly along the road
riveway of Lot l, thence run along said driveway over and upon Tract No. 5 toward the roadway to a point where Tract No. 5 meets the road right of way of Ricardo Avenue, thence easterly along the road right of way of Ricardo Avenue to a point where the Southeast corner of Tract No, 5 and the Southwest corner of Lot 1 intersect, thence northerly along the side lot line of Lot 1 to the point of beginning and close.
(b) All other lots burdened or benefited by the driveway easement: Beginning at a point where the side lot line of the dominant tenement intersects the driveway of the dominant tenement; thence run along the side lot line away from the roadway to a point on the front gate fence wall; thence along the front gate fence wall to a point on the side wall of the servient tenement; thence.
along a line running along the side wall of the servient tenement towards the roadway to a point where the line intersects the driveway of the dominant tenement; thence along said driveway toward the roadway to a point where the driveway intersects the front lot line of the servient tenement; thence along the front lot line of the servient tenement to a point where the front lot line of the dominant and servient tenements intersect; thence along the side lot line between -11 I " lots: of beginning and close, The dominant tenement shall be responsible for landscaping and maintenance of .the driveway easement. iS?i BOOK1146 PAC£ The driveway easement shall benefit and burden the following (i) Lots both burdened and benefited by driveway easements shall be Lots 1 through 11, 15 through 26, 29 through 34, 37 through 45, 48 through 54, 57 through 61, and 67 through 70,
urden the following (i) Lots both burdened and benefited by driveway easements shall be Lots 1 through 11, 15 through 26, 29 through 34, 37 through 45, 48 through 54, 57 through 61, and 67 through 70, (ii) Lots burdened but not benefited by driveway easements shall be Lota 27, 28, 36, 47, 62, 63 and 66.
(iii) Lots benefited but not burdened by driveway easements shall be Lots 12, 14, 35, 4 6, 55, 56, 64 and 71, (c) Basement for Ingres ■ and Bgresa, There shall exist for the benefit and use of the dominant tenement a perpetual easement for ingress and egress over and upon the servient tenement for the limited purpose of allowing the dominant tenement to access his side yard and side yard easement through the front gate fence wall, Section 2. OWner1s Easements of Bnjoyment in common Areas, Every owner of a lot shall have a right and easement of ingxess and egress and enjoyment in and to the common area and the same rights and privileges to use recreational and other amenities as provided to residents of Orange Blossom Gardens, Unit 16, which shall be appurtenant to and shall pass with the title to such lot, subject to the following rights of the Declarailt and association: (a) The right to suspend the right of use of common areas (other than ingress and egress) and the voting rights of any owner for periods during which assessments against the lot remain unpaid, and the right, after hearing by the board of directors, to suspend such rights for a period not exceeding -12 I j .-thirty (30) . days for any infraction of the published rules and regulations of the association; soo,1146PAGE1972 (b) The right to dedicate or transfer all or any part of the col!llllon area to any municipality, public agency, authority,
of the published rules and regulations of the association; soo,1146PAGE1972 (b) The right to dedicate or transfer all or any part of the col!llllon area to any municipality, public agency, authority, public utility or private utility for such purposes and subject to such conditions as may be agreed upon by the members. No such dedication or transfer shall be effective unless an instrument executed by two-thirds of members agreeing to such dedication or transfer has been duly recorded.
(c) Subj_ect to such limitations as may be imposed by the bylaws, each owner may delegate his right of enjoyment in and to the col!llllon areas and facilities to the members of his fam'ily, his guests, tenants, and invitees.
Section 3. Basement ■ of Bncroachment. There shall exist reciprocal appurtenant easements as between adjacent lots and between each lot and any portion or portions of the col!llllon, reserved and dedicated areas adj a cent thereto for any_ encroachment due to the nonwillful placement, settling, or shifting of the improvements constructed, reconstructed, or altered thereon, provided such construction, reconstruotio.n, or alteration is in accordance with the terms of this declaration, such easement shall exist to a distance of not more than three (3) feet as measured from any point on the common boundary between adjacent lots, and between each lot and any adjacent portion of the col!llllon area, along a line perpendicular to such boundary at such point. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of an owner. A certificate by Declarant recorded in the Public Records to the effect that an encroachment is not willful, shall be conclusive proof thereof.
section 4. Other Basements.
willful conduct of an owner. A certificate by Declarant recorded in the Public Records to the effect that an encroachment is not willful, shall be conclusive proof thereof.
section 4. Other Basements.
(a) Easements for installation and maintenance of underground utilities, cable television, drainage facilities, landscaping and wall fencing, are hereby reserved over the col!llllon, reserved and dedicated areas, ·within these easements, no -13 structure, planting, or other material BOOK1146 rAGE 1973 shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. The easement area of each lot and all improvements therein shall be continuously maintained by the owner of such lot, except for improvements for maintenance of which a public authority or utility company is responsible; (b) Easements for the installation and maintenance of wall fencing and easements for the installation and maintenance of a storm water runoff drainage system are hereby reserved over line of each lot in the sul>division, together with that portion of each lot actually occupied by side fence walls and gate fence walls and the stormwater runoff drainage system.
(c) No dwelling unit or other structure of any kind other than the aforementioned wall fence shall be built, erected, or maintained on any such easement, reservation, or right of way, except that patios and walks may be constructed over the easement reserved over the strip of land running along the back lot line of each lot. such easements, reservations, and rights of way
t of way, except that patios and walks may be constructed over the easement reserved over the strip of land running along the back lot line of each lot. such easements, reservations, and rights of way shall at all times be open and accessible_ to public and contractors, and shall also be open and accessible to Declar-ant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under, and above such locations to carry out any of the purposes for which such easements, reservations, and rights of way are reserved.
sections. Right of Bntry. The Declarant an·d the association, through its duly authorized employees and contractors, shall have the right after reasonable notice to the owner thereof, to enter any lot at any reasonable hour on any day to perform such maintenance as may be authorized herein.
section &. !lo llarti tion. There shall be no judicial partition of the common area, nor shall Declarant, or any owner -14 -1 or any other person acquiring any interest in the subdivision or any part thereof, seek judicial partition thereof. However, nothing contained herein .shall be construec1 to prevent judicial partition of any lot owned in co-tenancy. BOOK1146PAC£1974 ARTICLE VJ:. USB Rl!S!l'RIC'rIO!IS The subdivision shall be occupied and used only as follows: Section 1. Each lot shall be used as a residence for a single family, with no children, and for no other purpose. No person shall reside on a lot who is under the age of 19 years.
Persons under th.e age of nineteen (19) years old may visit in a residence on a lot for a period of no longer than thirty . (30) days, except that this period may be extended by the Declarant.
years.
Persons under th.e age of nineteen (19) years old may visit in a residence on a lot for a period of no longer than thirty . (30) days, except that this period may be extended by the Declarant.
section 2. No business of any kind shall be conducted on any residence with the exception of the business of Declarant and the transferees of Declarant in developing and selling all of the lots as provided herein.
section 3. No noxious or offensive activity shall be carried on in or on any lot with the exception of the business of Declarant and the transferees of Declarant in developing all of the lots as provided herein.
Section 4. No sign of any kind shall be displayed to public view on a lot or the common area without the prior· written consent of the association, except customary name.-.and address signs. Professional signs advertising a property. for sale or rent shall be permitted.
Sections. Nothing shall be done or kept on a lot or on the common area which would increase the rate of insurance relating thereto without the prior written consent of the oeclarant or the association, and no owner shall permit anything to be done or kept on his lot or the common area which would result in the cancellation of insurance on any residence or on any part of the common area, or which would be in violation of any law.
section 6. Birds,. fish, small dogs and cats under 40 pounds shall be permitted, with a maximum of two ( 2) pets per -15 . \,. j lot. Each owner shall be personally responsible for any damage caused the common area by any such pet and shall be responsible to immediately remove and. dispose of any excrement of such pet and shall be responsible to keep such pet on a leash, No other animals, livestock, or poultry of any kind shall be raised,
e responsible to immediately remove and. dispose of any excrement of such pet and shall be responsible to keep such pet on a leash, No other animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot or on the common area, BOOK1146PA&E1975 Bec,tion 7, No rubbish, trash, garbage, or other waste material shall be kept or permitted on any lot or on the common area except in sanitary containers located in appropriate areas concealed from public view.
Bec,tion e. No fence, hedge, wall, or other dividing instrumentality shall be constructed or maintained on any lot, except that Declarant and the transferees of Declarant may construct fences in accordance with existing architectural plans.
Section,. No outbuilding, tent, shack, garage, trailer, shed, utility building or temporary building of any kind shall be erected, except temporarily only for construction purposes.
Section 10. Nothing shall be altered in, constructed on, or removed from the common area except on the written consent of the Declarant or the association, after the original development thereof by the Declarant. Landscaping maintenance in the common areas shall be the duty of the Declarant or the association .and no other person shall attempt to alter or maintain it.
Baotion 11. The hanging of clothes or clotheslines or placing of clothes poles is prohibited to the extent allowed by law.
section 12. All garbage will be contained in plastic bags prescribed by oeclarant and placed curbside no earlier than the day before scheduled pick-up. In the alternative, tha Declarant shall have the right to require that garbage be placed in a dumpster and not placed curbside. In either event, all garbage must be contained in fully closed and sealed plastic bags prescribed by the Declarant.
-16 -
right to require that garbage be placed in a dumpster and not placed curbside. In either event, all garbage must be contained in fully closed and sealed plastic bags prescribed by the Declarant.
-16 '-. .. . BOOK1146PA~E1976 section 13. owner(s) shall use his property in such a manner as to allow his neighbors to enjoy the use of their property. Radios, record players, television, voices and other sounds are to be kept on a moderate level from 10:00 p.m. to one (1) hour before daylight. These restrictions shall not apply to construction noises being made by the Declarant.
section 14. The Declarant reserves the right to prohibit or control all peddling, soliciting, selling, delivery and vehicular traffic within the subdivision.
Section 15. The Declarant reserves the right to establish such other reasonable rules and regulations covering the utilization of the lots by the owner(s) in order to maintain the asthetic qualities of this subdivision, all of which apply equally to all of the parties in the Chula Vista Villas. The rules and regulations shall take affect within five (5) days from the sending of a notice to an owner(s), Section 16. Mailboxes are provided by the U,S. Postal Service at no cost to owner, however, those boxes shall be housed by Deolarant at a one time lifetime charge to owner of $100.00 per box, If title to a lot is transferred,, a new charge sha.11 be made to the new owner. Payment of this fee shall be a condition collectible in the same manner as the maintenance fee and shall constitute a lien agains.t the .l.ot until it is paid. The mailbox fee may be increased in the s.ame percentages and manner as increases in the Orange Blossom Gardens Assessment.
Section 17. Declarant or the transferees of Declarant
l.ot until it is paid. The mailbox fee may be increased in the s.ame percentages and manner as increases in the Orange Blossom Gardens Assessment.
Section 17. Declarant or the transferees of Declarant shall undertake the work of developing all lots included within the subdivision. The completion of that work, and the 'sale, rental, or other disposition of residential units is essential to the establishment and welfare of the subdivision as an ongoing residential community. In order that such work may be completed and the subdivision be established as a fUlly occupied residential community as soon as possible, nothing in this declaration shall be understood or construed to: -17 (a) Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of oeclarant or Declarant's transferees from doing on any part or parts of the subdivision owned or controlled by Declarant or Declarant's transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work; BOOK1146 PACE 1977 (b) Prevent oeclarant, oeclarant's transferees, or the employees, contractors, or subcontractors of Oeclarant or Declarant's transferees from constructing and maintaining on any part or parts of the subdivision property owned or controlled by Declarant, Declarant's transferees, or their representatives such structures as may be reasonably necessary for the completion of such work, the establishment of the subdivision as a residential community, and the disposition of lots by sale, lease, or otherwise; (c) Prevent Oeclarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from conducting on any part or parts of
e, lease, or otherwise; (c) Prevent Oeclarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from conducting on any part or parts of the subdivision property owned or controlled by oeclarant or Declarant's transferees or their representatives, the business of completing such work, of establishing the subdivision as a residential community, and of disposing of lots by sale, lease, or otherwise; or (d) Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from maintaining such sign or signs on any of the lots owned or controlled by any of them as m~y be necessary in connection with the sale, lease or other disposition of subdivision lots.
As used in this section, the words "its transferees" specifically exclude purchasers of lots improved with completed residences.
-18 ARTICLE VII, OWllER'S RBPAIR OBLIGATIONS 01' JIAIN'l'BNANCB AND section 1, Subject to Article X, each owner BOOK 1146 PAGE 1978 shall, at his sole cost and expense, repair his residence, other than as otherwise provided for herein, keeping the same in condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear.
Subject to Article X each owner sha.ll paint and. keep clean all interior fence walls. The exterior of the gate fence wall will be painted and kept clean by the party having the responsibility for maintaining the adjacent landscaped yard area. Each lot owner shall be responsible for maintaining his driveway whether on hiT1ot or on an adjacent lot, common or dedicated area.
seotion 2, Each owner shall keep his lot neat and clean
d yard area. Each lot owner shall be responsible for maintaining his driveway whether on hiT1ot or on an adjacent lot, common or dedicated area.
seotion 2, Each owner shall keep his lot neat and clean and the grass cut and edged at all times and shall also maintain the unpaved area between an adjacent roadway and the owner's front and side lot lines.
~ seotion 3, The gate on the gate fence wall shall be maintained by the owner enjoying the use of the adjacent side \ yard patio area, ~ seotion 4, If an owner does not adhere to the above regulation, then the work may be performed on behalf of the owner by the Declarant or the Association and the cost shall be ,.
charged to the owner, ARTICLE VIII, OWNER'S OBLIGATION TO RBBUILD If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof, with all due diligence, to rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction.shall be undertaken within two (2) months after the damage occurs, and shall be completed within six (6) months after the damage occurs, unless prevented by governmental authority, ·provisions of Article x, Such reconstruction is subject to the -19 ·""''.
ARTICLE IX, P~BG RESTRICTIOBS No owner of a lot shall park, store, or keep any vehicle except wholly within his driveway, garage or other non-visitor parking spaces. No truck in excess of 3/4 ton, camper, boat, trailer, or aircraft, or any vehicle other than a private non-commercial vehicle may be parked in a parking space except a boat may be kept in the garage with the garage door closed, No own.er of a lot shall repair or restore any motor vehicle, boat,
private non-commercial vehicle may be parked in a parking space except a boat may be kept in the garage with the garage door closed, No own.er of a lot shall repair or restore any motor vehicle, boat, trailer, aircraft, or other vehicle on any portion of any lot, or on the common area, except for .emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility.
ARTICLE X, ARCHITBCTl!RAL CO!ITROL BOOK1146 PAGE 1979 section 1, Alterations, additions, and Improvements of Residences. No owner, other than Declarant or its transferees, shall make any structural alteration, or shall undertake any exterior repainting or repair of, or addition to his residence which would substantially alter the exterior appearance thereof, without the prior written approval of the. plans and specifications therefor by the architectural committee appointed by the Declarant, The architectural committee shall grant its approval only in the event the proposed work will benefit and enhance the entire subdivision in a manner generally consistent with the plan of development thereof, All fence walls must be of a uniform color and type of paint. owners intending to paint their fence walls must contact the Declarant or the association for paint specifications.
ARTICLE XI, GEBBRAL PROVISIONS Section 1, Bnforce.ment Declarant, the association, or any owner shall have the right to enforce, by and proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by Declarant, the association, or by any owner to enforce any -20 -
ed by the provisions of this declaration. Failure by Declarant, the association, or by any owner to enforce any -20 deemed a waiver of the right to do so thereafter.
section 2. severability Invalidation of any one of these covenants or restrictions by judgment or court order.shall in no way affect any other provisions, which shall remain in full force and effect. 800Kf146 PAGE 1980 section 3. Amendments. covenants and restrictions of• this declaration may be amended by duly recording an instrument executed and acknowledged by the Declarant.
section 4. Subordination. No breach of any of the conditions herein contained or reentry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for value as to the subdivision or any lot therein; provided, however, that such conditions shall be binding on any owner whose title is acquired by foreclosure, truste~'s sale, or otherwise.
Sections. Duration The covenants and restrictions of this declaration shall run with and bind the land, and shall iriure to the benefit of and be enforceable by the Declarant, the association or any owner for a period or ninety-nine (99) years from the date hereof. Thereafter, they shall be automatically of .at unless lea.st 1'•iA";;:tliai11'presence of : e: Renee Wilson V'-"'1 ~ Vice Pres.
Address of orange Blossom Hills, Inc.: 1200 Avenida Central
d and Delivered 1'•iA";;:tliai11'presence of : e: Renee Wilson V'-"'1 ~ Vice Pres.
Address of orange Blossom Hills, Inc.: 1200 Avenida Central Lady Lake, FL 32159 -21 STATE OF FLORIDA COUNTY OF LAKE ,, ,i Before Xe, the undersigned authority, personally appeared H, Gary Morse as the Vice President of Declarant, to me known to be the person in and who executed the foregoing instrument with tull authority of Declarant corporation, ll'J:TNIISS my hand and aforesaid, this .3Lft.. day 'o/lJ-it ,@LcA/4z L,' N ARY PUBLIC My conmiiss on Expires: 10-19-94 cc 047472 Serial/Commission Number Prepared by: BOOK1146PAGE1981 Steven M. Roy, of McLin, Burnsed, Morrison, Johnson & Robuck, P,A.
Leesburg, FL 34749-1357 Type of Identification Produced: l35:obh44:l2269l:l05 ................. ,,,, MY cottMISiiON iXPIREll OCT, 19, fSIT4 -22 -STAT, Of ,LORIDA, ·couNlY QFLAK, ..
I HERE.BY ·CERTJfY, that the aboy, 'and Court· d Coun CoU I. .
By