Lakewood Village HOA


COVENANTS


  The Restrictive Covenants of Lakewood Village are presented here for reference only as graciously transcribed by Helen Mueller.
  RESTRICTIVE COVENANTS OF

LAKEWOOD VILLAGE, UNIT NO. 1


  This indenture made, executed, and delivered this 3rd day of October, 1972, by EQUITY RESOURCES, INC., a Florida corporation organized and existing under the laws of the State of Florida, with its principal office and place of business in Tallahassee, Leon County, Florida.

WITNESSETH:

THAT, WHEREAS, said corporation is the owner of the subdivision known as Lakewood Village, Unit No. 1, being a subdivision of land situate, lying and being in Leon County, Florida, and described as follows:

All of LAKEWOOD VILLAGE, UNIT NO. 1, a subdivision as per map or plat thereof recorded in Plat Book 7, Page 7 of the Public Records of Leon County, Florida.


WHEREAS, it is to the interest, benefit and advantage of EQUITY RESOURCES, INC. and to each and every person who shall hereafter purchase any lot in said subdivision that certain protective covenants, governing and regulating the use and occupancy of the same shall be established, set forth and declared to be covenants running with the land;

NOW THEREFORE, for and in consideration of the premises and of the benefits to be derived by EQUITY RESOURCES, INC. and each and every subsequent owner of any of the lots in said subdivision, said corporation does hereby set up, establish, promulgate and declare the following protective covenants to apply to all of said lots and to all persons owning said lots, or any of them, hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all persons claiming under and through EQUITY RESOURCES, INC.


1. LAND USE AND BUILDING TYPE. No lot shall be used except for
residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and private garage for not more than two cars.

2. ARCHITECTURAL CONTROL. No building shall be erected, placed
or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with existing structure, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or located on any lot nearer to any street than the front of the dwelling situated thereon. Approval shall be as provided in 12 below.

3. DWELLING SIZE. No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall contain at least 1,400 square feet for a one-story dwelling, and at least 900 square feet for a dwelling of more than one story exclusive of carport, garage, open porches, etc.

4. BUILDING LOCATION. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 25 feet to the front lot line, or nearer than 15 feet to any side street line. No building shall be located nearer than 10 feet to any interior lot line. No dwelling shall be located on any interior lot nearer than 35 feet to the rear lot line. For the purpose of this covenant, caves, steps, and open porches shall not be considered as a part of any building; provided, however that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot.

5. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 75 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 11,000 square feet.

6. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five feet of each lot.

7. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

8. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, storage building, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

9. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet to advertise the property for sale or lease.

10. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.

11. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 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 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within 10 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 within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

12. ARCHITECTURAL CONTROL COMMITTEE.

a. MEMBERSHIP. The architectural control committee initially shall be composed of three persons to be appointed by EQUITY RESOURCES, INC. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any powers and duties.

b. PROCEDURE. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after the plans and specifications have been submitted to it, or any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

13. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

14. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violating or to recover damages.

15. SEVERABILITY. Invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, the said EQUITY RESOURCES, INC. as caused these presents to be executed in its name and its corporate seal to be affixed the day and year first above written.


(CORPORATE SEAL) EQUITY RESOURCES, INC.



/s/ Robert A. White By_/s/ Richard L. Pelham



/s/ (Unknown) Its President



STATE OF FLORIDA

COUNTY OF LEON



Before me personally appeared to me well known and known to me the person described in and who executed ( (Unknown) )



WITNESS my hand and official seal, this day of

October A.D. 197( Unk ).

/s/ Elaine M. Green

Notary Public State of Florida at Large

My commission expires 04/27/76


Prepared by:
                M. Christopher Lyon
                Florida Bar #383414
                Lewis, Longman & Walker, P.A.
                125 S. Gadsden Street
                Suite 300
                Tallahassee, FL  32301
                (850) 222-5702

 

 

FIRST AMENDMENT TO RESTRICTIVE COVENANTS OF
LAKEWOOD VILLAGE, UNIT NO. 1

 

            This amendment is made and executed this _______ day of October, 2006, by Lakewood Village Homeowners Association, Inc., a Florida corporation.
WITNESSETH
            WHEREAS, the Restrictive Covenants of Lakewood Village, Unit No. 1, dated October 3, 1972, and recorded in Official Records Book 548, Page 424, of the Public Records of Leon County, Florida, hereinafter referred to as the “Covenants”, and as assigned from Equity Resources, Inc. to the Lakewood Village Neighborhood Alliance, Inc., by the Assignment of Right to Enforce Restrictive Covenants recorded in Official Records Book 2355, Page 1765, of the Public Records of Leon County, Florida, and  as subsequently assigned from the Lakewood Village Neighborhood Alliance, Inc., to the Lakewood Village Homeowners Association, Inc. (the “Association”), by the Assignment of Rights to Enforce Restrictive Covenants recorded in Official Records Book 3597, Page 2053, of the Public Records of Leon County, Florida; and
            WHEREAS, the Association desires to amend the Covenants to restrict the types of structures that can be placed or constructed on lots within Lakewood Village, Unit No. 1; and

            WHEREAS, a majority of property owners in Lakewood Village, Unit No. 1 signed a petition approving the following addition to Section 2, Architectural Control, of the Covenants:
No mobile homes, trailers, RDMH, or non-site built homes will be permitted on any lot.
            WHEREAS, the Association’s Bylaws provide that the Association’s Board of Directors is responsible for the administration and management of the Association; and
            WHEREAS, on July 11, 2006, at a duly-noticed general meeting of the Association’s Board of Directors, the above-referenced amendment to the Covenants was unanimously approved by the Association members present.
            NOW, THEREFORE, in consideration of the hereinabove set forth premises, the hereinafter set forth terms and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Association agrees as follows:

  1. Section 2, of the Covenants is amended to read:

ARCHITECTURAL CONTROL.  No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with existing structure, and as to location with respect to topography and finish grade elevation.  No mobile homes, trailers, RDMH, or non-site built homes will be permitted on any lot.  No fence or wall shall be erected, placed or located on any lot nearer to any street than the front of the dwelling situated thereon.  Approval shall be as provided in 12 below.

            2.         The Covenants, as amended hereby, shall remain in full force and effect.
           
IN WITNESS WHEREOF, the Association has executed this First Amendment the day and year first above written.

WITNESSES:     
_____________________________ _____________________________                                            

LAKEWOOD VILLAGE HOMEOWNERS ASSOCIATION, INC.
______________________________   
Joel Beatty, President

 

 

STATE OF FLORIDA
COUNTY OF LEON
            Sworn to and subscribed to before me on the ___ day of October 2006, by Joel Beatty who is personally known to me or has produced ____________________ as identification.

                                                                             
                                                           _______________________________
                                                              Notary Public State of Florida
                                                              My Commission Expires:
                                                              My Commission Number is: (Affix Notary Seal)


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