Travis Trace

Travis Trace Covenants

Conditions and Restrictions for Travis Trace

Travis Trace Covenants
Prepared by and return to:
Clifford B. Newton
Newton, Hurst & Almand
San Jose Boulevard
Jacksonville, Florida 32257

DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR TRAVIS TRACE
THIS DECLARATION is made on the date hereinafter set forth by
HUTSON LAND COMPANY, INC., a Florida corporation, hereinafter
referred to as "Declarant".

W I T N E S S E T H:

WHEREAS, Declarant is the owner of all those certain proper-
ties in Duval County, Florida, being more particularly described
as:
Travis Trace, Unit One, according to the plat thereof
recorded in Plat Book 49, pages 13, 13A, 13B, and 13C,
of the current public records of Duval County, Florida.

NOW, THEREFORE, Dclarant hereby declares that all of the
properties described above shall be held, sold, and conveyed
subject to the following easements, restrictions, covenants,
agreements and conditions, which are for the purpose of protecting
the value and desirability of, and which shall run with, the real
property and 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. Any person accepting a deed to any protion of
the property shall be deemed to have agreed to all of the ease-
ments, restrictions, covenants and agreements as set forth herein.

ARTICLE I - DEFINITIONS
1. “Association” shall mean and refer to the Travis Trace Owners Association, Inc., a Florida corporation not for profit, its successors and assigns.
2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
3. “Properties” and “Property” shall mean and refer to that certain real prpoerty hereinabove described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
4. “Plat” shall mean and refer to that certain real property described in the recorded subdivision plat or plats of the Properties as recored in Plat Book 49, pages 13, 13A, 13B and 13C, of the current public records of Duval County, Florida. This definition shall be expanded to include any Future Development Property describe in any platted property which is annexed as hereinafter provided.
5. “Future Development Property” shall mean and refer to properties adjacent of contiguous to the Property which may be annexed to the Property as Declarant may determine. Annexation shall be accomplished by Declarant recording an amendment to this Declaration describing the property to be annexed and any special or different restrictions which may apply to any particular property so annexed.
6. “Common Areas” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjhoyment of the owners. The Declarant may hereafter convey portions of the properties to the Assocaition to constitute additional Common Areas but shall have no obligation to do so.
7. “Lot” shall mean and refer to the building plots of land shown upon the recorded subdivision plat of the properties described above.
8. “Declarant” shall mean and refer to Hutson Land Company, Inc., and any person or entity to whom Declarant shall assign its rights and duties under this agreement.
9. “Surface Water or Stormwater Management System” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incoporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-40, or 40C-42, F.A.C.
10. “Builder” shall mean and refer to any individual or entity duly licensed and qualified in the State of Florida for the construction of residential dwellings who purchases a Lot or Lots in the subdivision for the sole purpose of constructing a residential dwelling for sale to an Owner.

ARTICLE II - PROPERTY RIGHTS
1. Owner's Easements of Enjoyment. Every owner and the Association shall have a right and easement of enjoyment in and to any Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions:
a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility hereafter situated upon any Common Area;
b) the right of the Association to suspend the voting rights and right to use of any recreational facilities, if any, as to any owner for any period during which any assessment against such owner’s lot remains unpaid and for a period not to exceed 60 days for any infraction of the Associations’s published rules and regulations;
c) the right of the Association to dedicate or taansfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by its members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is signed by two-thirds of all votes eligible to be cast.
2. Delegation of Use. Any owner may delegate, in accordance with the by-laws, such owner's right of enjoyment to the Common Area and facilities to the memebers of such owner's family, tenants, or contract purchasers who reside on the property.

ARTICLE III - MEMBERSHIP AND VOTING RIGHTS
1. Assessment. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from onership of any lot which is subject to assessment.
2. Membership. The Association shall have two classes of voting membership:

CLASS A - Class A members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot.

CLASS B - The Class B member shall be the Declarant and shall have one-hundred twenty three (123) votes. Upon the annexation of any Future Development Property, the number of votes of the Class B member will be automatically increases by twice the number of lots in the additional porperty annexed. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: a) when the Declarant has conveyed on hundred percent (100%) of the lots in the Property or Future Development Property;
or
b) when Declarant requests that Class B membership be converted to Class A membership.

ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal Obligation for Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: 1) annual assessments or charges, and (2) special assessments for capital improvements or maintenance, such assessments to 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 shall be a continuing lien upon the lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for deliquent assessment shall not pass to such owner’s successors in title unless expressly assumed by them, but the lien shall survive any conveyance of title.
2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties: for the improvement and maintenance of the common areas, perimeter fence, entranceway and islands in roadways, if any; and for the improvement and maintenance of the storm and/or surface water management system. The Association shall be responsible for the maintenence, operation and repair of the surface water and/or stormwater management system and shall have the right to utilize the private easements shown on the plat for such purpose. Maintenance of the surface water or stormwater managements system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilitites as permitted by the St. Johns River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the surface water or stormwater management system shall be permitted, or if modified as approved by the St. Johns River Water Management District. The Assocaition shall execute any minutes or other documents required to cause the permit(s) to be transferred to it from the Declarant, and accepting complete responsibility for the St. Johns River Water Management District permits for the Property.
3. Maximum Annual Assessment Until January 1 of the year immediately following the coveyance of the first lot to an owner, the maximum assessment shall be $75.00 per year per lot.
a) From and after Janmuary 1 of the year immediately following the conveyance of the first lot to an owner, the maximun assessment may be increases each year but not more than 10% above the maximum assessment for the previous year without a vote of the membership.
b) From and after January 1 of the year immediately following the coveyance of the first lot to an owner, the maximum assessment may be increased more than 10% by a vote of two-thirds of the members who are voting in person or by proxy, at a meeting duly called for such purpose.
c) The Board of Directors shall fix the assessment annually at amounts not in excess of the maximum.
4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Assocaition may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, re-construction, repair or replacement of a capital improvement upon any common area, including fixtures and personal propary related thereto; provided that any such special assessment shall have the assent of two-thirds of the votes of members who are voting in person or by proxy at a meeting durly called for such purpose.
5. Notice and Quorum for any Action Authorized under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast 60% of all the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a quarterly basis or as determined by the Board of Directors.
7. Date of Commencement of Annual Assessments. Due Dates: The annual assessments provided for herein shall commence as to all lots on the date of the recording of this Declaration in the public records of Duval County, Florida. No lot owned by the Declarant or a Builder shall be subject to any assessment until a residence has been constructed thereon and occupied. Model homes are specifically exempt. 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 30 days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a resonable charge, furnish a certificate signed by an officer of the Association setting forth whether or not the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance.
8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of 18% per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property involved, or both. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the commom area or abandonment of such owner’s lot.
9. Subordination of the Lien to Mortgages. The lien for the assessment provided for herein shall be subordinate to the lien of any institutional first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in liew thereof, shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE V - LAND USE AND BUILDING TYPE
1. Land Use and Building Type. No one other than Declarant shall use any lot except for residential purposes. Unless otherwise specificaly allowed or permitted under these covenants, no structure 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. No outbuilding or other structure at any time situate on said land shall be used as a hospital, sanitarium, church, charitable, religious or philanthropic institution, or for business or manufacturing purposes, and no duplex residence, garage apartment or apartment house shall be erected or placed on or allowed to occupy said land.
2. Declarant’s Right to Resubdivide, Replat or Assign. Declarant shall have the right to resubdivide or replat any of the said land owned by it. In the event any of said land is resubdivided or replatted for rights-of-way for roads, streets or easements, none of the restrictions contained herein shall apply to the portions thereof used for such purposes. Declarant shall have the right to assign to any person or corporation its rights and duties under these covenants.
3. Storm/Surface Water Management. The St. Johns River Water Management District has jurisdiction over this subdivision and has issued Management and Storage of Surface Waters Permit No. 40-031-0102M3 authorizing construction and operation of a storm and/or surface water management system to serve the subdivision. No alteration to any part of the aforementioned system, including but not limited to, storm drainage retention/detention areas, swales and pipes, will be allowed without the written consent of Declarant and the St. Johns River Water Management District. All clearing grading and other construction activities must comply with the terms and conditions of the said permit. Specifically, the owners of lots requiring rear lot water treatment pursuant to tht terms of the permit shall be responsible for the continuing maintenance and compliance with said permit. The Association shall have the right and easement to enter upon any Lot to bring said Lot into compliance and to levy a special assessment against the Lot for any costs incurred as a result thereof.
4. Conservation Easement. The Declarant hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement (the "Conservation Easement") pursuant to Section 704.06 Florida Statutes and in favor of the St. Johns River Water Management District over and across all areas noted on the Plat as Conservation Easement. "Conservation Easement" shall mean and refer to all of such areas so designated on the Plat.
No right-of-access by the general public to the Property or any portion thereof is conveyed by this easement.
This easement, and all terms and conditions hereof, shall run with the land and be binding upon and inure to the benefit of the heirs, successors, assigns, and personal representatives of the Declarant and the St. John River Water MAnagement District.
The Declarant, its successors and assign, and the St. Johns River Water Management District shall have the right to enter upon the Conservation Easement Areas at all reasonable times and in a reasonable manner, to assure compliance with the prohibitions and restrictions hereinafter set forth.
The Association, its successors and assigns, and the Owner of any Lot upon which there is located any Conservations Easement Area, shall be responsible for the periodic removal of trash and other debris which may accumulate on such easement area.
This easement may be amended or cancelled, or portions of the property released herefrom, only by written instrument duly recorded in the public records of Duval Countr, Florida, and executed by the Declarant and the St. Johns River Water Managements District or their respective heirs, successors, assigns and personal representatives.
The purpose of this Conservation Easement is to preserve the land predominately in its natura state pursuant to the following description of "Prohibited Activities" and "Permitted Activities":
A. The following activities ahall constitute prohibited activities on the Conservation Easement area (the "Prohibited activities"):
a) Construction or placing of buildings, roads, utilities, or other structures on or above the ground.
b) Dumping or placing of soil or other substance of material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials.
c) Removal or destruction of trees, shrubs or other vegetation.
d) Excavation, dredging or removal of loam, peat, grave. soil, rock, or other material in such a manner as to affect the surface.
e) Any surcace use which does not permit the Conservation Easement area to remain predominantly in its natural condition.
f) Any activity detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and widlife havitat preservation.
B. The following activities shall constitute permitted activities (the "Permitted Activities"):
a) Any activities and improvements required or permitted under St. Johns River Water Management Distruct Permit No. 40-031-0102M3.
5. Sidewalks. When a dwelling is constructed on any lot, or within twenty-four months from the initial purchase of any lot, the lot owner must also construct a sidewalk on that lot if a sidewalk is shown on the city or county approved engineering plan for the subdivision. All sidewalks must conform to city or county standards.
6. Garage. Each home shall have an attached two car garage. No garage shall be permanently enclosed or converted to another use. All garages shall contain at least 400 square feet of usable space appropriate for parking automobiles. All garages must have door which shall be maintained in a useful condition and shall be kept closed when not in use. Carports will not be permitted.
7. Outbuildings. No outbuilding shall be erected, placed or altered on any lot without the prior approval of the Architectural Control Committee.
8. Approval of Sturcture. No residence, structure, wall or swimming pool 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. Approval shal be as provided in paragraph 26 below. No outbuildings or drives, walks, fences, walls orswiming pools shall be erected or constructed on any lot prior to the erection or construction of a permanent residence thereon. No fence, wall, bulkhead, dock or structure of any kind will permitted below the top of theslope of the lake bank as shown on the final survey on waterfront lots without the prior approval of the Architectural Control Committee. Said approval shall be inwriting and shall specify the exact nature, size, location and and appearance of any such exception. The decision to grant such exception is discretionary with the Architectural Control Committee and shall be capable of being withdrawn should the terms and conditions set forth by the Architectural Control Committee not be complied with by the lot owner to whom such exception is granted. The decision to grant such exception is discretionary with the Architectural Control Committee and the decision to not grant such an exception shall not be subject to judicial review.
9. Dwelling Size. Unless specificaly approved in writing by the Architectural Control Comittee, 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 12 square feet for a one-story dwelling and at least 750 square feet for the ground floor of a dwelling of more thatn one story, with at least 1200 square feet for both stories combined. The Architectural Control Committee shall be empowered to allow a 20% variance in the above mentioned square footages.
10. Building Location. The location of the building on the lot shall conform to the zoning requirements of the apropriate zoning authorities as currently existing or as hereinafter amended by the City of Jacksonville. Proposed variances shall require the prior approval of the Declarant as well as the appropriate zoning authorities.
11. Lot Area. No dwelling shall be erected or placed on any lot having an area of less than that allowed under applicable zoning requlations. Lots shown on the plat shall be deemed to be in compliance witht this provision.
12. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shal anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
13. Recreational and Commercial Vehicles. No commecial vehicles, boats or trrailers of any type shall be permitted to be placed on any lot subject to these covenants, unless such shal be placed or parked in a fenced side yard or fenced rear yard of a lot and screened from view of passing motorists and neighboring lots, but not placed in the side yard of a corner lot on the side abutting a street. No wheeled vehicles of any kind or any other offensive objects may be kept or parked in a state of disrepairbetween the paved road and residential structures. No automobiles, trailers, or boats ahall be parked in the roadways or on the right-of-way adjoining the lots. For purposed of this paragraph, a vehichle which is a 3/4 ton or less truck used as transportation to and from the lot owner's employment shall not be considered a commercial vehicle. No travel trailers or motorized homes hall be permitted unless specifically approved by the Architectural Review Committee.
14. Temporary Sturctures. No structure of a temporary character, trailer, tent, motorized home, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
15. No Subdivision. No lot located within the Property shall be subdivided to constitute more than one building plot.
16. Mailboxes. No individual lot owner shall cause to be constructed any mailbox facility other than those provided by the Declarant.
17. Fences. All fences shall be constructed of and shall have a permanent appearance of natural wood unless otherwise approved by the Architectural Control Commitee prior to the installation. 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 rear of the house of the side of the house in the case of a corner lot unloess approved by the Architectural Control Committee and in no event shall any fence exceed a maximun height of six (6) feet or be lower than a minimum height of five (5) feet unless approved by such committee. All fences shall be constructed and maintained to present a pleasing apearance as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finished grade elevation. It shall be within the sole and exclusive purview of the Architecturan Control Committee to make the dtermination as to whether or not a fence is pleasing in appearance ar provided herein. Chain link fences shall not be permitted. Declarant reserves the right to release areas such as sewer lift stations, playgrounds, etc., from the above fence restrictions.
18. Signs. No sigh 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 wquare 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. Signs used by a builder to advertise the property during the consturction and sales period must be approved by the Architectural Control Committee prior to being displayed. The entranceway identification sign shall be exempt from the provision and shall remain for the enjoyment of the owners of all Lots. 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 to public view.
19. Clotheslines. There shall not be permitted any exterior clotheslines on any lots.
20. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted ypon or in any lot, nor shall oil well, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other sturcture designed for use in boring ofor oil or natural gas shall be erected, maintained or permitted ypon any lot.
21. 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 in reasonable number may be kept provided they are not kept, bred or maintained for any commercial use and do not create safety, health or nuisance problems.
22. Exterior Appearance and Maintenance. Every house and lot shall be maintained so as to present a pleasing appearance. Window coverings and decorations shal be of conventional materials, e.g. draperies, blinds or shutters. Windows shall not be covered with aluminum foil, paper, or the like. Lawns shall be maintained in a neat manner. Houses shall be kept in reasonable repair and excessive visible deterioration shall not be allowed.
23. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbageor other waste. Rubbish, trash, garbage or other waste shall be kept in closed sanitary containers constructed of metal or rigid plastic. All equipment for storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be visible from the street except on scheduled garbage pick up days.
24. Motorists’ Vision to Remain Unobstructed. The Declarant shall have the right, but not the obligation, to remove or require the removal of any fence, wall, hedge, shrub, bush, tree or other thing, natural or artificial, place or located on any lot,if the location of same will, in the sole judgment and opinion of the Declarant, obstruct the vision of motorist upon any of the streets.
25. 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, parking and recreational areas, etc. Also, selective cutting and thinning for laws and other general improvements shall be permitted. All disturbed areas on any lot must be seeded or covered with sod or mulch and maintained to present a pleasing appearance and to prevent the growth of wweeds. It is the responsibility of each lot owner whose lot abuts a lake to maintain the lake bank to the waters' edge. It is the responsibility of each lot owner to seed or sod and maintain the area between the front property line of his lot and the street, as well as between the side properly line and the street in the case of corner lots, and between the rear property line and the street in the case of double frontage lots. It is the responsibility of each lot owner to prevent erosion on all areas of his lot, including easements, by sodding, seeding and mulching, or other methods which may be deemed appropriate.
26. Architectural Control Committee.
a) Membership. The Architectural Control Committee shall be composed of three (3) persons appointed by Declarant. 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 shal 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 Declarant owns any lots in the Property or Futute Development Property, Declarant shall have the right to appoint the members of such comittee. At any time after Declarant has sold all lots or has waived, in writing, its right to appoint such committee members, the Association shall have the power and right to elect the members of the committee, to change the membership of the comitteeor to withdraw from the committee or estore 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 thirty (30) days after the plans and specifications have been submitted to it, approval will not be required and the requirements of the related covenants shall be deemed to have been fully complied with.
27. Utility Lines. All water, sewer, electrical, telephone, television, gas and other utility lines shall be placed underground. No antennas or satellite dishes of any kind shall be placed on any lot. (Note: This requirement can be waived based on the size of the satellite dish.)
28. Air Conditioning Units. No air conditioning units may be installed in any window.
29. Roadways. No one, other than Declarant, shall use any lot or any portion thereof for roadway purposes and no one, other than Declarant, shall construct a driveway upon any lot except to serve the lot upon which it is constructed. Unless approved in writing by the Architectural Control Committee, only one driveway per lot, said driveway serving the garage on the lot, shall be permitted.
30. Utility Provisions. The City of Jacksonville or its successors has the sole and exclusive right to provide all water and swwage facilities and service 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 water for use within the structures to be built. Nothing herein shall be construed as preventing the digging of a well to be used exclusively for the use in the yard and garden of any lot or tract or to be used exclusively for irrigation. All sewage from any buildig must be disposed of through its sewage lines and through the sewage lines and disposal plant owned or controlled by the City of Jacksonville or its successors or assigns. No water from air conditioning systems, ice machines, swimming pools, or any other form of condensate water shall be disposed of through the lines of the sewer system. The City of Jacksonville has a non-exclusive perpetual and unobstructed easement and right in and to, over and under property as described in this Declaration and the plat of the Property for the purpose of ingress, egress and installation and/or repair of water and sewage facilities.
31. Drainage and Utility Easements. The Declarant hereby reserves unto itself and grants to the Association, Inc. a perpetual, non-exclusive, alienable and releasable privilege and right on, and under the ground to construct, maintain and use electric, telephone, wires, cables, conduits, sewer, water mains or pipes, drainage swales or pipes, and other suitable equipment for the conveyance and use of electricity, telephone, water or other public conveniences or utilities on, in or over a 7.5 foot strip at the back and 5.0 foot stip at each side of each lot as well as the private easements on the plat. The Declarant shall have the unrestricted right and power to release said easement. The granting of easements as contained in this paragraph shall be subordinate to the Declarant's right to assign said easement to the City of Jacksonville or other parties should the Declarant desire to assign said easement rights. Additionally, said easements as granted in this paragraph shall be subordinate to the restrictions of the Conservation Easement areas wherever these easements fall into such areas.
The private easements noted on the Plat or Plats are and shall remain privately owned and the sole and exclusive property of the Declarant, its successors and assigns.
The Declarant hereby grants to the Association an easement over the storm drainage retention/detention areas as necessary for maintenence of the storm drainage retention/detention areas as required in this Declaration. Declarant hereby grants to the Association access to the retention areas over the platted easements that shall be granted to the City of Jacksonville; however, the rights of the Association shall be subordinate to the rights of the City of Jacksonville upon acceiptance of the plat by the City of Jacksonville.
32. Enforcement. Any person owning any portion of the above described lands or the St. Johns River Water Management District, its successors or assigns, may institute proceedings at law or in equity against any person or persons violating or attempting to violate any covenants or, in the case of the St. Johns River Water Management District, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the surface water or stormwater management system, either to restrain any existing or threatened violation or to recover damages. Additionally, the Association shall have the right but not the obligation to enforce the provisions of this Declaration.
33. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions hereof which shall remain in full force and effect.
34. Indemnification. The owner or owners of all lots abutting the storm drainage retention/detention areas 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 Declarant, as set forth in the Plat, and have agreed to idemnify Declarant and save Declarant 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 storm drainage retention/detention areas as shown on 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.
35. Reservation for Subdivision Improvements. Hutson Land Company, Inc. reserves the right to enter any lot for the purpose of completing or correcting subdivision improvements as required by agencies of the City, County, State or Federal government.
36. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. The Declarant reserves and shall have the sole right to:
a) amend these covenants and restrictions so long as the Declarant owns at least one (1) lot within the subdivision;
b) to amend these covenants and restrictions at any time if, in the discretion of the Declarant, such amendment is necessary to comply with the aforementioned St. JHohns River Water Management District permit;
c) to waive as to any lot any provisions of the covenants and restrictions; and
d) to release any building plot from any part of the covenants and restrictions which have been violated (including, without limiting the foregoing, violations of building restriction lines and provisions hereof relating thereto) if Declarant, in its sole opinion, deems such violations to be insubstantial violations or if Declarant, in its sole opinion, deems such violations necessary for construction and/or sales. Declarant may assign its right to release such violations. Subject to the above rights reserved by the Declarant, the Declaration may be amended by an instrument signed by not less than 66% of the Lot owners, EXCEPT that the covenants herein contained pertaining to
(1) the required maintaining of an owners association or
(2) to the surcace water or stormwater management system, beyond maintenance of its original condition, including the water management portions of the common areas, if any, may not be amended without the approval of the St. Johns River Water Management District.
37. Legal Action on Violation.

Note: More to follow