Canterbury Woods Homeowner's Association

CWHA Lakeside Restrictive Covenants

Lakeside

Restrictive Covenants Lakeside

State of Florida
County of Escambia

WHEREAS, C.A. HOBBS, JR., INC., a Florida corporation, is the owner of the following described property situate, lying and being in Escambia County, to-wit:
First addition to Canterbury Woods, a subdivision of a PORTION OF Section 19, Township 2 South, Range 31 West, Escambia County, according to plat of said subdivision recorded in Plat book 9 at page 4 of the Public Records of Escambia County, Florida.
And
WHEREAS, Ruth S. Thomas, a widow and unremarried and Mutual Federal Savings and Loan Association are the owners of mortgages made by the said C.A. Hobbs, Jr., Inc., A corporation, encumbering said property, and
WHEREAS, the above named parties desire to encumber the above described property with the following restrictive covenants to enhance the value of said property.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that C.A. Hobbs, Jr., Inc., A Florida Corporation, Ruth S. Thomas, a widow, and unremarried and Mutual Federal Savings and Loan Association, in consideration of the premises and benefits accruing to them, do hereby encumber the real estate herein described, and each and every lot therein with the following restrictive covenants and conditions which shall run with the land and shall be binding on all persons and parties claiming under it until January 1, 2004, at which time the said covenants shall be automatically extended for successive periods of ten years, unless by vote of the majority of the then owners of the lots in said subdivision it is agreed to change these covenants or restrictions in whole or in part. If the parties hereto, or any of them or their successors or assigns, shall violate or attempt to violate any of the covenants and conditions herein contained, it shall be lawful for any other person or persons owning real property situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or conditions to either prevent such person or persons from violating said covenants or conditions or to recover damages or other dues for such violation.
Invalidation of any one of these covenants by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect.
These Restrictive Covenants encumber only the numbered lots in the above referenced plat and are not to affect any property adjacent or contiguous to the platted lots.
A. All lots in said tract shall be known and described as residential lots. No structure shall be erected, altered, placed, or permitted to remain on any building plot other than on detached single-family dwelling not to exceed three stories in height and a private garage for not more than three cars and servant’s room attached to the garage on the ground floor.
B. No residential structure shall be erected or placed on any building plot which plot has an area of less than 9000 square feet. One residential structure otherwise complying with the provisions of these restrictive covenants, so as placed to comply with the set-back requirements as set forth in Section C herein, may be erected on any lot as shown on the recorded plat of said subdivision. It is agreed that should a building plot consist of a portion of a lot or a portion of two or more lots as shown on said recorded plat, the provisions of this paragraph as to area shall apply.
C. No building shall be located nearer than 25 feet from the front lot line or nearer than 5 feet to the side lot line and maintaining a minimum of 15 feet between houses. In any event, no building shall be located on any building lot nearer than 25 feet to the front lot line nor nearer than 15 feet to any street line except a detached garage, which garage shall not be located nearer than 3 feet to any side lot line, and shall be on the rear 50 feet of the lot.
D. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, such as kennels, animal shelters, stables, etc.
E. No fence of any description shall be erected nearer to the front lot line than the front of the house located on that lot, provided, however, in the case of corner lots no fence of any description shall be erected nearer to the front lot line than the front of the house on that lot and nearer to the side street line than the side of the house nearest the street. This restriction does not apply to a growing fence or hedge not over three feet in height.
F. No trailer, basement, tent, shack, garage, barn, or other building erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character including unfinished dwelling to be used as a residence or moved on to any lot in the subdivision.
G. No building shall be erected on any building lot in the subdivision until the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to the conformity and harmony of external design with existing structures in the subdivision and as to the location of the building with respect to topography and finished ground elevation by C.A. Hobbs, Jr., or his representative. If designated representative fails to approve or disapprove such design and location within 30 days after plans and specifications have been submitted to it, or, in any event, if no suit to enjoin the erection or the making of such alteration has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been complied with in full. C.A. Hobbs, Jr. or his designated representative, shall receive no compensation for service performed pursuant to this covenant. After January 1, 1984, the approval described in this covenant shall not be required unless prior to said date a written instrument shall be executed by the record owner of a majority of the lots in said subdivision and duly recorded appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by C.A. Hobbs, Jr.
H. No dwelling shall be erected on any lot in the tract in which the ground floor area of the main structure, exclusive of one-story open porches and garages, is less than 1200 square feet.
I. Easements for installment and maintenance of utilities and drainage facilities are reserved over the rear three feet of each lot. Within these easements no structure, planting, or other materials shall be placed or permitted to remain, which may damage or interfere with the installment and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
J. No oil drilling, oil development operations, oil refining, quarrying, or any mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring of oil or natural gas shall be erected, maintained or permitted upon any lot.
IN WITNESS THEREOF, we have hereunto set our hands and seals at Pensacola, Escambia County, Florida, this 17th day of December, 1973