Julington Crossing Residential Committee

Julington Crossing Covenants and Restrictions

DECLARATION OF COVENANTS AND RESTRICTIONS

STATE OF FLORIDA
COUNTY OF DUVAL

THIS DECLARATION OF COVENANTS AND RESTRICTIONS made and executed this 14th day of December 1984, by David W. Hutson, hereinafter referred to as “Developer”.

WITNESSETH:

THAT WHEREAS, Developer is the owner of those lands located in Duval County, Florida, more particularly described as follows, to-wit:

JULINGTION CROSSING, Unit Two, as recorded in Plat Book 40, page 40 and 40A, of the current public records of Duval County, Florida.

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

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

1. LAND USE AND BUILDING TYPE: No one, other than Developer, shall use any lot 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 stories in height. Each dwelling shall have an attached two-car garage.

2. ARCHITECTURAL CONTROL COMMITTEE: 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 the quality of workmanship and materials, harmony of external design with existing structures, and as to location of improvements with respect to topography and finished grade elevation. No exposed block or built up roof will be permitted in the construction of any dwelling. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in 18 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 1,350 square feet for a one-story dwelling, and at least 750 square feet for a dwelling of more than one story.

4. BUILDING LOCATION: 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 7½ feet to an interior lot line. No dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line. No dwelling shall be located closer than 15 feet from any existing dwelling. The Architectural Control Committee shall be empowered to issue a variance in regard to the above measurements, as it may deem prudent.

5. LOT AREA: No dwelling shall be erected or placed on any lot having an area of less than 8000 square feet.

6. 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.

7. RECREATIONAL VEHICLE: No travel trailers, motorized homes, boats or trailers of any type shall be permitted to be placed on any lot subject to these covenants, unless such shall be placed or parked in a side yard or rear yard of a lot, but not placed in the side yard of a corner lot on the side abutting a street.

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

9. NO SUBDIVISION: No Lot located within the Property shall be subdivided to constitute more than one building plot.

10. FENCES: All fences shall be constructed of natural wood. No fence shall be installed which restricts or prohibits ingress and egress as granted by easements herein. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the front of the house or the side of the house in the case of a corner lot unless approved by the Architectural Control Committee and in no event shall any fence exceed a maximum height of six feet or be lower than a minimum height of five feet unless approved by such committee. All fences shall be constructed and maintained to present a pleasing appearance as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation.

11. SIGNS: No sign of any kind shall be displayed to the public view on any lot without the prior written approval of the Architectural Control Committee except one sign of not more than two square feet advertising the property for sale, or after one (1) year from the closing date on the Lot, one sign of not more than two (2) square feet advertising the Property for rent, or signs used by a builder to advertise the property during the construction and sales period. The Architectural Control Committee shall have the right to promulgate standards for the quality, size, appearance, location and type of all signs to be displayed in public view.

12. CLOTHESLINES: There shall not be permitted any exterior clotheslines on any lots.

13. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in 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 permitted upon any lot.

14. 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 use.

15. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.



16. SIGHT DISTANCE AT INTERSECTION: 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.

17. LANDSCAPING: The mass indiscriminate cutting down of trees is expressly prohibited without the written consent of the Architectural Control Committee, EXCEPT those areas where buildings and other improvements shall be located; i.e. homes, patios, driveways, gardens, parking and recreational areas, etc. Also selective cutting and thinning for lawns and other general improvements shall be permitted. It is the responsibility of each lot owner whose lot abutts a lake to maintain the lake bank to the waters edge. All disturbed areas on any lot must be covered with sod mulch and maintained to present a pleasing appearance and to prevent the growth of weeds. It is the responsibility of each lot owner to maintain the area between the front property line of his lot and street, and side property line and the street in the case of corner lots.

18. ARCHITECTURAL CONTROL COMMITTEE:
a. MEMBERSHIP: The Architectural Control Committee shall be comprised of three (3) persons appointed by Developer. 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. So long as Developer owns any lots in the subdivision, Developer shall have the right to appoint the members of such committee. At any time after Developer has sold all lots or has waived, in writing, its right to appoint such committee member, the then record owners of a majority of the lots shall have the power and right through a duly recorded written instrument to elect the members of the committee, to change the membership of the committee or to withdraw from the committee or restore to it any of its 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, approval will not be required and the related covenants shall be deemed to have been fully complied with.

19. UTILITY LINES: All water, sewer, electrical, telephone, television, gas and other utility lines shall be placed underground. No antennas of any kind including satellite dishes shall be placed outside of any dwelling except with the written consent of the Architectural Control Committee and such committee shall have the right to refuse permission for any or all such antennas.

20. SEPTIC TANKS: The State of Florida and City of Jacksonville have imposed certain requirements for septic tanks. All septic tanks shall comply with all State and City regulations at the time of their installation.

21. AIR CONDITIONING UNITS: No air conditioning units may be installed in any window if such unit shall be visible from any public street.

22. ROADWAYS: No one, other than Developer, shall use any lot or any portion thereof for roadway purposes and no one, other than Developer, shall construct a driveway upon any lot except to serve the lot upon which it is constructed. The Developer reserves the right to use lots 67 and 68 as a roadway access for future developments.

23. UTILITY PROVISIONS: Mandarin Utilities, Inc., or its successors, has the sole exclusive right to provide all water facilities and services to the property described herein. No well of any kind shall be dug or drilled on any one of the lots or tracts to provide potable water for use within the structure to be built, and no potable water shall be used within said structures, except potable water which is obtained from Mandarin Utilities, Inc., or its successors, or assigns. Nothing herein shall be construed as preventing the digging or use of a well to provide water for use in swimming pools, in the yard or garden of any lot or tract or to be used exclusively for air conditioning. Mandarin Utilities, Inc. has a nonexclusive perpetual easement and right in and to, over and under any and all drives, roads, and lanes (either public or private) and all easements as shown on the plat for the installation, maintenance, and operation of water lines, pipes, and appurtenances. The foregoing restrictions may be modified or amended by the Architectural Control Committee solely to meet any requirements of the Federal Housing Administration, Veterans Administration, and any and all other Federal agencies as may be required as a prerequisite to acquiring permanent financing or residencies where such financing is to be insured by or under or otherwise related to any Federal Loan program.

24. EASEMENTS: The Developer hereby reserves unto itself a perpetual alienable and releasable privilege and right on, and under the ground to construct, maintain and use electric, telephone, wires, cables, conduits, sewers, water mains and other public conveniences or utilities on, in, or over a 7.5 foot strip at the back of each lot. The said Developer shall have the unrestricted right and power to release said easement.

25. ENFORCEMENT: Any person owning any portion of the above-described lands may institute proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain any existing or threatened violation or to recover damages.

26. SEVERABILITY: Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions hereof which shall remain in full force and effect.

27. INDEMNIFICATION: The owner or owners of all Lots abutting the lakes within the Property shall, by virtue of having acquired said Lots subject to these covenants and restrictions, be deemed to have assumed all of the obligations and responsibilities of David W. Hutson, as set forth in the plat of JULINGTON CROSSING, Unit Two, as recorded in Plat Book Number 40, Pages 40 & 40A, of the current public records of Duval County, Florida, “the Plat”, and have agreed to indemnify David W. Hutson harmless from suits, actions, damages and liability and expense in connection with loss of life, bodily or personal injury, or property damage, or any other damage arising from or out of any occurrence in, upon or at or from the lakes as shown of the Plat, or any part thereof, or occasioned wholly or in part by any act or omission of owners, owners’ agents, contractors, employees, servants, licensees, or concessionaires with the Property.

28. AMENDMENT: The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the lot owners, and thereafter by an instrument signed by not less than sixty percent (60%) of the Lot owners. The Developer reserves the right to amend these covenants and restrictions so long as the Developer owns at least one (1) lot within the subdivision and as long as the Developer owns a majority of the lots in the subdivision the approval of VA or FHA will be required for amendment or dissolution of the articles.

IN WITNESS WHEREOF, the undersigned, being the Declarent herein, has hereunto set its hand and seal this 14th day of December 1984.

Signed, sealed and delivered in the presence of:
________________(Signed)
________________(Signed) By: David W. Hutson (signed)


ATTEST:

STATE OF FLORIDA
COUNTY OF DUVAL

Before me personally appeared David W. Hutson, to me well known and known to me to be the individual described who executed the foregoing instrument and acknowledged to and before me that he executed the same for the purpose therein expresses this 14th day of December, 1984.

Patricia B DeCrasta (signed)
Notary Public, State of Florida at Large
My Commission Expires: July 6, 1985

AMENDMENT TO COVENANTS AND RESTRICTIONS

KNOW ALL MEN THESE PRESENTS:

WHEREAS, DAVID W. HUTSON, an individual, hereinafter called “Developer”, did, on the 14th day of December, 1984 execute certain Covenants and Restrictions which were recorded in Official Records Volume 5891, page 443-448, of the public records of Duval County, Florida, covering the following described property located in the County of Duval, and State of Florida, more particularly described as follows, to wit:

Julington Crossing, Unit Two, as recorded in Plat Book 40, page 40 & 40A, of the current public records of Duval County, Florida.

WHEREAS, said Developer is desirous of amending the aforementioned Covenants and Restrictions in relation to all of the lots which are included in the legal contained herein above as follows.

Paragraph 2 is hereby amended to read as follows:
2. APPROVAL OF STRUCTURE: No structure 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 structures, and as to location of improvements with respect to topography and finished grade elevation. No exposed block or built up roof will be permitted in the construction of any dwelling. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in 18 below. No fence, wall, dock, bulkhead or structure of any kind will be permitted below the top of the slopes of the lake bank on waterfront lots without the approval of said committee.

All of the other terms, covenants and conditions as contained in said Covenants and Restrictions dated December 14, 1984 and recorded in Official Records Volume 5891, page 443-448 of the public records of Duval County, Florida, shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned, being the Declarent herein, has hereunto set its hand and seal this 31st day of January, 1985.

Signed, sealed and delivered in the presence of:
________________(signed)
________________(signed) By: David W. Hutson (signed)


ATTEST:

STATE OF FLORIDA
COUNTY OF DUVAL

Before me personally appeared David W. Hutson, to me well known and known to me to be the individual described who executed the foregoing instrument and acknowledged to and before me that he executed the same for the purpose therein expresses this 31st day of January, 1985.

Patricia B DeCrasta (signed)
Notary Public, State of Florida at Large
My Commission Expires: July 6, 1985