Decl Of Cc & R

rrFr

'F'ED Bj: Ken

:ii

C!1ty.

ADOPTED AMENDMENTS TO DEED RESTRICTIONS AND EASEMENTS FOR

: Brn L.C.

CYPRESS TRACE

, RECORD VERFED

tbj(( Clerk

RCHAR OF CCtJ

CLERK

U—

W I T N E S S E T H

Ct Circuit Court

HLLSBOHOU

United Merit Communities, a Florida general referred to as "Declarant"), did record Trace" (hereinafter referred to as "Declaration"), in

Hilisborough County, F. WHEREAS,

(hereinafter a certain document, entitled "Deed Restrictions and Easements for Cypress

Official

Records Book 4354 at Page 175 of Hilisborough County,

Florida; and

WHEREAS, Pulte Homes Corporation (hereinafter referred to as Pu.lte") has been developing lots within the community and has been operating as the assignee of the Declarant in the course of

carrying out its rights to develop properties subject to the Declaration; and

WHEREAS, Carrollwood Village Phase III Homeowners Association,

Inc. (hereinafter referred to as "Association") is a

Florida corporation not—for—profit referred to in the Declaration as the entity responsible for enhancing and protecting the value,

attractiveness and desirability of the Lots in the Development; and

WHEREAS,

the Declaration provides that the Declarant or its

successors have the right to amend the Declaration and WHEREAS, the Declarant, Association and Pulte desire to

amend the Declaration to clarify certain rights and obligations

of the parties and to ensure the continued viability and enforceability of the restrictions contained therein, the Declarant, Association and Pulte hereby agree as follows: 1. The above recitations are true and correct. 2.

of the Declaration is hereby deleted and the following language is substituted therefor: The last sentence of Section 2(a)

hundred percent (100%) of the Lots in the Project have homes completed thereon and are occupied, Carrollwood Village Phase III Homeowners Association, Inc. shall have the authority to appoint the membership of the Review Committee. When one

3.

is

The last sentence of Section 11 of the Declaration hereby deleted and the following language is substituted therefor: In

any action to enforce this Declaration,

the prevailing party shall be entitled to LAW OFFICES BECKER, POLIAKOFF & STREITFELD, RA. BARNETT BANK PLAZA 1150 CLEVELAND STREET SUITE 420 CLEARWAFER, FL 34615 TELEPHONE (813) 44Z-3781

Wi: 5486 % 1828 PULTE HOMES CORPPATION (SEAL)

Witnesses:

By :

'—

)< ttdy in Fact and EmpThyee

STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH) SS

BEFORE ME, the undersigned authority, personally appeared — to me , M,H, Furlow PULTE Errlpyee of to be an Attorney in Fact and known acknowledged before me that severally HOMES CORPORATION, and he

he freely and voluntarily executed the same as such officers,

under

authority vested in him by said corporation.

WITNESS my hand and official sel in the County and State last aforesaid, this //t day of _______________, 1988.

Nery Pubf'ic

My Commission Expires:

-

. A_ T VAA y yykyA -y 'y -y v v v v

II x +

OFFICIAL SEAL

LYNN R. GORDA

yPubflc,taf Florida PL 14, 1991

Attest:.

•/f2/i-

President

-

7L-&

-L./& (

/

Se9r'&tary /-

STATE OF FLORIDA

COUNTY OF SARASOTA H) SS BEFORE ME, the undersigned authority, personally appeared — to me , Joanne R. Gianfortand , David I. Good respectively, of FSS known to be the President and Secretary, severally a Florida corporation, and they CORPORATION acknowledged before me that they freely and voluntarily executed the same as such officers, under authority vested in them by said corporation

WITNESS my hand and official seal in the County and State 1988. Tu1y last aforesaid, this 21st day of ,

Q(L4I. j. /i.__ -4 N8Qt'a]y Public .I

/1

-

My Commission Expires: NLLC

•t iN

LAW OFHCES BECKER, POHAKOFF & STRHTFELD, PA. BARNETT BANK PLAZA 1q50 CLEVELAND STREET SUftE 420 CLEARWAFER, FL 34615 TELEPHONE 813) 4433741

1827 recover all costs and expenses incurred, including reasonable attorneys fees for all trial and appellate proceedings, if any. In addition to other parties having standing to enforce this Declaration, Carrollwood Village Phase III Homeowners Association, Inc. shall

also have the right to enforce the restrictions contained herein. 4.

The last sentence of Section 29 of the Declaration is hereby deleted and the following language IS substituted therefor:

Until the sale of the last Lot governed by this Declaration, the Declarant shall have the sole authority to amend and/or modify this Declaration, However, after the last sale, this Declaration may be amended by the approval, in writing, of the owners of not less than three fourths (3/4) of the persons

owning Lots subject to this Declaration,

IN WITNESS WHEREOF, the parties have here,p agreed to L5'day of TVLY , 1988.

amend the Declaration as set forth above this

CARROLLWOOD VILLAGE PHASE III HOMEOWNERS ASSOCIATION, INC

4/Y

r

STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH) SS

BEFORE ME, the undersigned authority, personally appeared LINDA CHURCHILL, and SUSAN BORGO, to me known to be the President and Secretary, respectively, of CARROLLWOOD VILLAGE PHASE III HOMEOWNERS ASSOCIATION, INC., and they severally acknowledged before me that they freely and voluntarily executed the same as

such officers, under authority vested in them by said corporation WITNESS my hand and official seal jn the County and State last aforesaid, this 1k day of , 1988, /1

/

.Tfl

/

//// My Commission Expires: rir

Notary Public

L

j-

Y jQ4 hiE5; JAN. 27, 1992. fl-iRU NOTAF' PJLIC UNDEIWRITERS

BECKER,

POLIAKOFF & STREITFELD, RA.

LAW OFF!CES BARNETT BANK PLAZA 1150 CLEVELAND STREET TELEPHONE (813) 443-3781

SUITE 420 ° CLEARWAFER, FL 34615

This docunnt is re—r- rded to correct typographical '-or.

k4464o 1632 LOT DECLARATION OF RESTRICTIONS

9'16

REc.495j3fl_

CARROLLWOOD VILLAGE, PHASE III,CARROLLW000 VILLAGE XXIII 1)jvy

—

ix

ALL MEN BY THESE PRESENTS that U.S. Home corporation ('Developer") being the owner in fee simple of Carrollwood Village, Phase III, Village XXIII (the

KNOW

Delaware

ll of

Subdivision'), according to the map or plat thereof as recorded in

TA/

________Plat Book 57 at page 5—1k of the Public Records of Hilisborough County (the 'Plat"), does hereby declare that the ye FEEF NU

Subdivision and all lots therein are subject to the restrictions as described below (the "Restrictions"), which shall be deemed to be covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision.

ARTICLE I

24684280S ,Tl__G-(5

USE RESTRICTIONS CLKT

33 DL

1. Residential Use. All

of the Subdivision shall be known and described as resi—

, dential property and no more than one detached, single—family dwelling may be constructed on any lot as shown in the Sub— division, except that more than one lot may be used for one dwelling,

in which event all Restrictions shall apply to such lots as if they were a single lot, subject to the ease— rnents indicated on the Plat, or as reserved in Paragraph 3

of

this Article.

CODES I

2. Dwellings.

ILi927l6

TIME ID 149

203 0006 I2DC8 RECORDED 062989 OK

No dwelling shall have a total floor area of less than one thousand eight hundred (1800) square feet, exclusive of screened area, open porches, terraces, patios and garages. All dellings shall have at least two (2) inside baths. A 'bath", for the purposes of these Restrictions, shall be deemed to bea room containing at least one (1) shower or tub, and a toilet and wash basin. All dwellings shall have at least a two (2) car garage, which may be attached to and made part of the dwelling. No dwelling shall have aluminum siding. All dwellings shall be constructed with concrete or asphalt driveways. Upon completion of a dwelling thereon, each lot shall have sodded front, side and rear lawns. Each dwelling shall have a shrubbery planting in front of the dwelling. Easements.

Easements for the installation and maintenance of utilities and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown on the Plat. Neither the easement rights reserved pursuant to this Paragraph, nor as shown on the Plat, however, shall impose any obligation on Developer to maintain such easement areas, or to install or maintain the utilities or improvements that may be located on, in or under such easements, or which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfre with access to, or the installation and maintenance of the easement areas or any utilities or drainage facilities, or which may change the direction of flow or obstruct od retard the flow of water through drainage channels in any'easement areas. The easement areas of each lot as shown on the Plat,

This instrument prepared by and to be returned to:

Julius J. Zschau, Esq.

SOROTA AND ZSCHAU, P.A.

/

2515 Countryside Blvd., Suite A Clearwater, Florida 33515

/

JAMES F. TAYLOR, JR CLER( CIRCUIT COURT

33Oo

RE;4395 1312 W:4464G 1633

and all improvements in such easement areas, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainage shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in such easement areas, including slope control areas. 4. Use of Accessory Structures. No tent, shack, barn, utility shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, tern— porary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision.

5. Commercial Uses and Nuisances. Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, including the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivision with completed residences thereon, may maintain furnished model homes in the Subdivision. 6.

Animals.

No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall allow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that no more than a total of two pets may be kept on any lot. All pets shall be on a leash when outside of the owner's lot. 7.

Fences, Walls and Hedges.

Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences sall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line.," "Side Street Line," Front Dwelling Line and Side Dwelling Line" are as used and shown by illustration on attached Exhibit A. —2—

/

:44 G1634 c 113 a; Vehicles. No vehicle shall be parked in the Subdivision ,except on a paved Street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may be.parked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view.

9. e. No lot shall be used for the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Han9ing and Antennas.

Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from a road or street in the Subdivision or bordering it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. cypress Trees.

After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as nearly as practicable in a natural state, and not altered or removed by the owner except as permitted by the governmental authority having jurisdiction. 12. Street Lighting.

In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lighting service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall be removed within ten (10) days of commencement of such door postal service.

14. Wells. Except with the prior written approval and permission of the Homeowner's Association (as defined in Paragraph 17 hereof), and of all governmental agencies having jurisdiction, no well shall be sunk or drilled on any lot. Approval by the Homeowner's Association may be withheld in its sole discretion, or made subject to such limitations or conditions as it determines appropriate or necessary. Notwithstanding, Developer reserves the right, but without obligation, to place or locate wells, pumping stations and tanks on Tract A within the ubdivigjon. _3.

WL 4464 1635

4395 1314

All

owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an owner shall fail to maintain his lot as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be ,obligated, to so maintain the lot and the owner thereof shall reimburse Developer for actual costs incurred therewith upon demand. 16. Signs.

No signs shall be displayed with the exception of a maximum of one (1) 'For Sale' or "For Rent" sign upon each lot not exceeding 24" x 30". Notwithstanding anything to the contrary herein: Ci) Developer, its successors or assigns, shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on any lot; and (ii) any residential developers permitted to maintain model homes pursuant to Paragraph 5 may maintain signs in connection therewith as permitted by Developer. 17. Architectural Control.

Following the completion of the initial residential dwelling upon a lot and its conveyance to a purchaser, no further changes, alterations, additions, reconstruction or replacement of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevation thereof (the "Plans") shall have been submitted to and approved in writing by Developer, its successors or desIgnated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified or registered mail, return receipt requested, at 8019 North Himes, Suite 200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assign may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carrollwood Village Phase III Homeowners Association, Inc., a Florida not—for—profit corporation (the "Homeowners Association"), its successors arid assigns. Nothing contained in this Paragraph shall require approval of the initial residential dwelling constructed upon a lot.

18. Boundary Wall. If Developer constructs a wall or fence ("Boundary Wall") adjacent to the right of way of Sussex Way, the Homeowners Association shall maintain and repair at its expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respective lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that the Boundary Wall may be only partially andonot wholly on the lot. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall. Similarly, no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the

—4—

: 4464 1636

: 4395 1315

interior surface or top of such Boundary Wall. If any lot owner shall fail to undertake any maintenance, repair or replacement as required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon en (10) days written notice.

/

19. Amendments and Modifications by Developer. Notwithstanding any provisions of these Restrictions to the contrary, Developer, its successors and designated assigns, reserves the right and authority, subject to Veterans Administration or Federal Housing Administration approval (which approval need not be evidenced of public record), for a period of three (3) years from the date of recording of these Restrictions to amend, modify, in whole or in part, or grant exceptions or variances from any of the Use Resbrictions set forth in Article I of these Restrictions without notice to or approval by other lot owners of the Subdivision. ARTICLE II

MISCELLANEOUS

1. Term and Amendment. These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing, signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records of Hillsborough County, Florida, which instrument may alter or rescind these Restrictions, in whole or in part. Subject to the provisions of Paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdivision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such owner took title to his lot if the construction of such structure, wall or fence commenced within ninety (90) days of his taking title.

2. Enforcement. If any person, firm or corporation, or their respective heirs, personal representatives, successors or assigns shall violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or per— Sons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to recover damages, and if such person is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorney's fees (including those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not be obligated to enforce these Restrictions and shall not in any way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other

—5—

4464 1637

:4395 1316

person or entity to enforce any provisions of these Re5t2-ictions upon breach thereof, however long continued, shall inno event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit br license, which may be in conflict with these Restrictions, shall not prevent Developer or any, of the lot owners in the Subdivision from enforcing these Restrictions. 3.

Homeowners Association.

All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owner's lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions o the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby.

4. Severability. Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate seal, by a duly authorized officer, and has executed the same on this ______ day of

.

mt pr

Signed, sealed an delivered

, l9_.

'DECLARANT'

e en c e

ivisjon

2217'

Division S retay

(CORPORATE SEAL)

STATE OF FLORIDA

)

COUNTY OF HILLSBOROUGH

)

I

Presidet

ATTEST:______________

SS:

' : t- : j. <'

hereby certify that on this day personally appeareoe

me, an officer duly authorized to administer oaths and acknowledgements, fn/OzLtzrr ct4u /SwQf ,&aVft,7n

, to

well known and known to me to be the individual described ind who executed the foregoing Declarationof Restrictions as a Division _____President of the above named U.S. HOME CORPORATION, and acknowledged to and before me that he executed such instrument as such Division ______President of the corporation by due and regular corporate authority, and that said instrument is the free act and deed of the corporation. —6—

c 1317

: 4464 1638 STATE OF FLORIDA COUNTY OF HILLSBOROUGH

)

The foregoing instrument was acknowledged before me thisj2z/2 day of _________________ ,

as Division

19

'A/

President and

by

6Enf Lanôn B/?a(E

61?12E]SCn

as Division _______Secretary, respectively, of U.S. HOME CORPORATION on behalf of the corporation ii,

LV

Notary Public State of 1oid at My

commission exp]res

Large Notary Public State Of Florida At My Conlmi'salon Expires Nov 20, 198

QtAmenca ,.4

—7--

.,..

-

g;439 G 1a18

EXHIBIT A

RP-c AcO Lir4

w '.0

Li ,JE

F RONT

SIRE ET

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(f-Jfl/ I ,j1j v(uJ/y-J.

3684 317

DECLARATION OF RESTRICTIONS

CARROLLWOOD VILLAGE, PHASE III, VILLAGE XXI

KNOW ALL, MEN BY THESE PRESENTS that U.S. Home Corporation, a Delaware corporation ("Developer") being the owner in fee simple of all of Carroliwood Village, Phase III, Village XXI (the "Subdivision") , according to the map or plat thereof as recorded in 44 of the Public Records of Plat Book 51 , at page Hillsborough County (the "Plat"), does hereby declare that the Subdivision and all lots therein are subject to the restrictions as described below (the "Restrictions"), which shall be deemed to be covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision.

ARTICLE I USE RESTRICTIONS

1.

Residential Use. All of the Subdivision shall be known and described as residential property and no more than one detached, single--famiLy dwelling may be constructed on any lot as shown in the Subdivision, except that more than one lot may be used for one dwelling, in which event all Restrictions shall apply to such lots am if they were a single lot, subject to the easements indicated on the Plat, or as reserved in Paragraph 3 of this Article.

2. Dwellings.

EL.

No dwelling shall have a total floor area of less than two thousand (2000) square feet, exclusive of screened area, open porches, terraces, patios and garages. All dwellings shall have at least two (2) inside baths. A "bath", for the purposes of at these Restrictions, shall be deemed to be a room containing '\ll least one (1) shower or tub, and a toilet and wash basin. dwellings shall have at least a two (2) car garage, which my be

to and made part of the dwelling. No dwelling sha.Ll have aluminum siding nor exceed twenty—five (25) feet in height All dwellings shall be constructed with concrete or asphalt driieways. Upon completion of a dwelling thereon, each lot shall have -'odded front, side and rear lawns. Each dwelling shall have a shruobery planting in front of the dwelling. attached

___3.....,Easements.

NT TAX

- asements

for the installation and maintenance of utilities drainage areas are hereby reserved to Developer in and and URTAX,, — to all utility easement and drainage easement areas shown on the Plat. Neither the eesement rights reserved pursuant to this Paragraph, nor as shown on the Plat, however, shall --——-——-impose any obligation on Developer to maintain such easemenc areas, or to install or i'aintain the utilities or improve— ________ments that may be located on, in or under such easements, or which may be erved by them. Within easement areas, no planting, or other material shall b placed or _____ structure, permitted to remain which may damage or interfere with access to, or the installation and maintenance of the ease—

—

iEEKlThent areas or any utilities or drainage facilities, or which may change the direction of flow or obstruct or retard the

flow of water through drainage channels in any easement areas. The easement arees of each lot as shown on the Plat, This instrument prepared by and to be returned to: / Randy J. Morell, Esq. V SOROTA AND ZSCHAU, P.A.

2515 Countryside Blvd., Suite A Clearwater, Florida 33515 I

JAMES F TAYLOR JR. CLERKCCUITCOURT RECr'RrlDFP1.

I S-OdflIC 1Arq

( \ F

/i

:384 and all improvements in such easement areas, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainacje shown on the plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in such easement areas, including slope control areas.

4. Use of Accessory Structures. No tent, shack, barn, utility shed or building, other than 1:he dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, tern— porary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision.

5. Commercial Uses and Nuisances. Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except thatreal estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, including the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivision with completed residences thereon, may maintain furnished nindel homes in the Subdivision.

6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall allow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that no more than a total of two pets may be kept on any lot. All pets shall be on a leash when outside of the owner's lot.

7. Fences, Walls and Hedges. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front DwelLing Line or forwa?d of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line," "Side Street Line," "Front Dwelling Line" and "Side Dwelling Line" are as used and shown by illustration on attached Exhibit A.

8.

ofr.)cQ4 ppCUUUt PG '319

Vehicles.

No vehicle shall be parked in the Subdivision except on a paved street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may be parked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers,.----—------vans, motorcycles and other recreational vehicles and any vehicle not in operable codiion or validly licensed shall be permitted in the and concealed subdivision orily if parked inside of

'ffoI 9.

vl

Storage.

No lot shall be used for the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Hanging and Antennas.

4

Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from a road or street in the Subdivision or bordering it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed Lrom the public view, such as in attics or garages. 11. Cypress Trees.

After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as nearly as practicable in a natural state, and not altered or removed by the owner except as permitted by the governmental authority having jurisdiction. 12. Street Lighting. In the event a street lighting district is established for. cr including, the Subdivision pursuant to which street lighting service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is aailable, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall he removed within ten (10) days of commencement of such door postal service.

14. Wells. No well may be drilled or sunk on any lot for, drinking or bathing purposes. However, a well for air conditioning, sprinkling or pool purposes may be drilled or sunk on a lot provided the prior approval of all governmental agencies having jurisdiction has been obtained. 15. Lot Upkeep.

All owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an owner shall fail to maintain his lot as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be obligated, to so —3—

:3684 r 320

maintain the lot and the owner thereof shall reimburse Developer for actual costs incurred therewith upon demand. 16. Signs.

-

No signs shall be displayed with the exception1 of a maximum

of

one (1) "For Sale" or "For Rent" sign upon each lot not exceeding 24" x 3Q". Notwithstanding anything to the (i) Developer, its successors or assigns, contrary herein: shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on any lot; and (ii) any residential developers permitted to maintain model homes pursuant to paragraph 5 may maintain signs in connection

therewith as permitted by Developer.

17.

Architectural Control. Pollowing the completion of the initial residential dwelliny upon a lot and its conveyance to a purchaser, no further changes, alterations, additions, reconstruction or replacemnt of such dwelling shall be made, nor shall any fence, wall o: other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevation thereof (the "plans") shall have been submitted to aná approved in writing by Developer, its successors or designated assign., Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified or registered mail, return receipt requested, at 8019 North Himes, Suite 200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assign may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carroliwood Village Phase III Homeowners Association, Inc., a Florida not—for-profit corporation (the "Homeowners Association"), its successors and assigns. Nothing contained in this Paragraph shall require approval of the initial residential dwelling constructed upon a

lot.

18. Boundary Wall. If1 Developer constructs a wall or fence ("Boundary Wall") along the right of way of Sussex Way and abutting or located on the property lines of Lots 1 and 9, Block 2, Lots 1 and 8, Block 2 or Lots 1 and 19, Block 3, the Homeowners Association shall maintain and repair at its expense the exterior, street facing

surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligaticn of, and shall be undertaken by and at the expense of, the respctive lot owners upon whose lots such Boundary Wall is constructec, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that th Boundary Wall may be only partially on the lot, and partially on the right of way. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall. Similarly, no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the interior surface or top of such Boundary Wall. If any lot owner shall fail to undertake any maintenance, repair or replacement as required by this paragraph, such may be done by

Homeowners Associat!on, at the lot owner's expense, upon ten (10) days written notice.

the

—4—

l9 Tract A.

:3684

321

A as shown on the Plat shall be conveyed by Developer to the Homeowners Association, and shall be subject to the rules and regulations thereof, as well as the terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Carrollwood Village Phase III as recorded in Public Records of nillsborough O.R. Book 3684, at page 294, County, Florida (herein, together with all amendments thereof No now or hereafter made, called the "Master Declaration') . swimming, bathing or boating shall be permitted in any retention area located on Tract A. Neither Developer, the Homeowners Association nor any other party shall be obligatEd to sod any portion of Tract A, seeding being sufficient.

Tract

,

20. Amendments and Modifications by Deve_q,pf. Notwithstanding any provisions of Article I or Article II of these Restrictions to the contrary, Developer, shall have the right to amend these Restrictions from tine to time for a period of three (3) years from the date of the recording thereof to make such changes, modifications and additions thereto and therein as may be required or requested by the FHA, VA, FNMA, GNMA or any other governmental agency or body ("Governmental Agency") as a condition Agency's agreement to to, or in connection with, such Governmental otherwise approve make, purchase, accept, insure, guaranty or loans secured by mortgages on lots. Any such amendment shall be executed by Developer and shall be effective upon recording. No approval or joinder of any other owner or party shali be necessary or required for such amendment. ARTICLE II MISCELLANEOUS

1. Term and Amendment. These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deedr or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing, signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records o Hhlisborough County, Florida, which said instrument may alter or Subject to the rescind these Restrictions, in whole or in part. provisions of paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— No amendment five percent (75%) of the lots in the Subdivision. shall require of the Restrictions pursuant to this paragraph Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such oner took title to his lot if the ,construction of such structure, wall or fence commenced within ninety (90) days of his taking title.

2. Enforcement. If any person, firm or corporation, or their respective heirs, personal representatives, successors or assigns shall violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or persons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to

—5—

:3684 ' recover damages, and if such person is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorney's fees (including those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not be obligated to enforce these Restrictions and shall not in any way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself, Failure by Developer or any other person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall in no event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit or license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions.

3. Homeowners Association. All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured, by a lien on the owner's lot. Each lot own&r, by the acceptance f a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby.

4. Severability. Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate\,.I;;..

seal, by a duly authorized officer, and has executed the sarneiJ on this 18th day of July 1980 j .,

Signed, sealed and delivered

1-

U.S. HOME CORPORATION,

in the presence of:

___________________

By

_________

Attest:__________

si

(COITgAL) STATE OF FLORIDA SS:

COUNTY OF Hilistorough

I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, to me l.A. Beaucharrp, Jr. , —6—

:3684 r 3

well

known and known to me to be the individual described in and who executed the foregoing Declaration of Restrictions as a Division 17jcp President of the above named U.S. HOME CORPORATION, and acknowledged to and before me that he executed such instrument as such Division _____President of the corporation by due and regular corporate authority, and that said instrument is the free act and deed of the corporation.

WITNESS my hand and official seal at Tanpa State of Florida, this 10th

County of Hillsroh

day of

July

,

, 1990.

[i1

Public, State of Florida ,

Notary at Large My

commission

(C";'

expires ______________ floIry PubTc.

Statm of flmrkb a My Cornmhmion Expke april 3, 983

.7 Ame,k.n F',. &

—7—

::

L3684 324

EXHIB A

'Jj

w

'U (T

w

JOINDER

325

:3684 The

undersigned,

Lyons—Raffo Corp., a Florida corporation, being

the owner of the following property:

Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block 2, and Lots 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 in Block 3, CARROLLWOOD VILLAGE, PHASE III, VILLAGE XXI, according to the plat thereof recorded in Plat Book 51, at page 44, public Records of Hillsborough County, Florida hereby consents to and joins in the execution of the foregoing Declaration of Restrictions, Carrollwood Village, Phase III, Village XXI to which this Joinder is attached for the purpose of subjecting the above described property to the terms and provisions thereof. IN WITNESS WHEREOF, the undersigned has executed this Joinder by its duly authorized officers and affixed its corporate seal as of this

l8tay of

July

1980.

,

Signed, sealed and delivered in the presence of:

LYONS—RAFFO CORP.

;ecrecary

(CORPORATE SEAL)

STATE OF FLORIDA COUNTY

c

)

-

OFHil1sborOUg

The foregoing instrument was acknowledgedbefore me this l3thday and Charles E. RaL July 1980 by BObby RLyons as President and Secretary, respectively, of Lyons—Raffo Corp., on behalf of the corporation.

of

,

Notary Public, State of

Florida at Large My commission expires:' NOTARY PURiIC STATE OF F1.Ok A? LA MY COMM 55 ON EXPIRES JUNE ' I BOUIJED TI-Su GENERAL INS

-

_

V.....

JOINDER

3684

326

The undersigned, The Republic Bank, a Florida banking

holder

corporation, being the

of a mortgage on the following property:

Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block 2, and Lots 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 in Block 3, CARROLLWOOD VILLAGE, PHASE III, VILLAGE xxi, according to the plat thereof recorded in Plat Book 51, at page 44, Public Records of Hilisborough County, Florida

mortgage is recorded iii O.R. Book 3675 , at page 1654 , Public Records of Hilisborough County, Florida hereby consents to and joins which

in the execution of the foregoing Declaration of Restrictions, Carroliwood

Village, Phase III, Village XXI to which this Joind2r is

attached for the purpose of subjecting its mortgage to the terms and provisions thereof. IN WITNESS WHEREOF, the undersigned has executed this Joinder by its duly authorized officers and affixed its corporate seal as of this

f'day

ofQ( ,

1980.

THE REPUBLIC BAN(

Signed, sealed and de1ivere in the presence of:

t'7 0 7ZIVT

Attest: ___________ Secretary (CORPORATE SEAL)

STATE OF FLORIDA COUNTY

OFAb)

)day

by JL2J

The foregoing instrumpt ws acknowledged befo.e m this and .-c.c. 1980 of , /)Q.,tA Président and Secretary, respectively, of The Republic(aflk on as behalf of the corporation.

..

State of Ei7ubli, F1o/ida at Large

My commission expires Pub'ic. State of florida at Larçe My Conimiasion Exphos MMCh 8. 1982 Hatary

Iond.d Si Am,,kn h, &

Cp

: i516 386 ADOPTED AMENDMENT TO TIlE

DECLMATION OF RESTRICTIONS CARROLLWOOD VILLAGE PHASE III, VILLAGE XXI CHATTAN

Additions Deletions

indicated by underlining.

indicated by striking through. Article

I.

Fences, walls and Fences, Walls and Hedges. Section 7. may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood

hedges

materials.

i-ijirfl

No fence, wall or hedge may be constructed or

maintained between a Front Street Line and the Front Dwelling Line &r-

or,

in the case of corner lots, between a Side Street Line and a

line 15' feet in from and parallel to the Side Street Line. Provided, however, that a decorative wall or entrance forward of

the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at

the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line", "Side Street Line", "Front Dwelling Line" and "Side Dwelling Line" are as used

and shown by illustration on attached Exhibit A, as amended. Fences, walls, and hedges must also conform to existing County Ordinances/regulations. ADOPTED AMENDMENT TO EXHIBIT A OF THE DECLARATION OF RESTRICTIONS CARROLLWOOD VILLAGE PHASE III, VILLAGE XXI CI-IATTAM

EXHIBIT A 7X<XX O6.E1ED

c7LAQ '1'ArD__UI.4.2

0 F 00 U ' r U

'a

'U

fl

If I

-

LI-Ja

I Al' I'll III S

III SIllIlII\KIlIl&lIIlFIIIIIlIFA.tI\I'NIII IANI 'IA/A. 11511(II-SFIANIISII'If ISIlIlI I

11111115 II1IIII11-I7III

II \I'W\III' IIIIllI

:4232

67

SUPPLEMENT TO

MASTER

DECLARATION OFCoVENANTS,C0NDIAR5C0_0

WHEREAS, U.S. Home Corporation, as the' Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carroliwood village, Phase III in O.R. Book 3684, at page 294, public Records of Hilisborough County, Florida (herein together with all collectively called the amendments thereof and supplements thereto "Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described Ofl Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Inc. (the Carrollwood Village Phase iii Homeowners Association, Supplement to the Master "Association") by the Declarant recording a Declaration for such Exhibit C land, or any part thereof; and WHEREAS, u.s. Home Corporation is the owner in fee simple of the and incorporated herein land described on Schedule 1 attached hereto to add it to the land by reference, and wishes, as the Declarant, and provisions of the Master which is already subject to the terms authority of the Association, Declaration and to the jurisdiction and VII of the Master Declaration; all pursuant to the terms of Article and attached Schedule 1 is part of the WHEREAS, the land described Ofl to the Master Declaration; land described ofl Exhibit d\attached Corporation, as the Declarant, pursuant NOW, THEREFORE, U.S. Hom\e terms of Article VII of the Master Declaration, does hereby attached Schedule 1 shall hence— clare that the land described on NTTAX bound and encumbered by all rth be, and hereby is, made subject to, provisions of the Master Declaration, SURTa the terms, conditions and attached Schedule 1 shall be included ch that the land described on used in the Master Declaration, and ithin the term "Properties" as provisions thereof, including shall be subject to all terms and limitation, the assessment and lien provisions thereof, and jurisdiction and authority of 'he shall also be subject to the AssOCiatiOn, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. Schedule 1 shall now and henceThe land described Ofl attached subject to the easements, restric— forth be held, sold and conveyed Master Declaration hereby RECCL'tionS, covenants and conditions of the for the purpose of protecting imposed by this instrument, which andare which, subject to the amendment the value and desirability of, land and be binding on all par— provisions thereof, shall run with the therein, or any part thereof, ties having any right, title or interest representativesr successors and their respective heirs, personal assigns, and shall inure to the benefit of each Owner thereof.

ToTDr

Declarant, hereby certifies that U.S. Home Corporation, a theVeterans Administration has been the prior written approval of the Supplement. Pursuant to the terms obtained to the recording of Declaration, this no consent or approval of of Article VII of the Master is required to the recording of this any other person or party — Record Verified Supplement. Jomos F. Taylor, Jr. Clerk of Circuit Court

This instrunent prepared lr: B

Martin L. werlira-' U. S. RomP. CuoratiOfl

/ Ta, 8019

JAMES F. TAYLO .

Deputy Clurk

J1

CLEFK CiRCUIT COUITh

RECORDIN(b

IIILLSCOOIJC TAMPA FL

N. Hines, Suite 200 Florida 33614

D

m MID —

La —n — FF3 '.3 MI FF1

MI

68 —2--

IN WITNESS WHEREOF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III by its duly authorized officers as of this 29th day of Novein1er

,

1983.

Signed, sealed and delivered

ltDeclarant

in the presence of:-,

(} !1( /2 / /

US. HOME CORPORATION

/"/L

Division

)

Presi nt

Attest:________ (COrPORATE EAL)

STATE OF FLORIDA

)

COUNTY OF H]ILLSBOROUGH

The foregoing instrument was acknowledged before me this 29th , 19 83 by I. A. Beauchan, Jr. and Bill Daskarolis abj\7isjon ______ President and D1isio

day of November

Secretary, respectively, of U.S. Home Corporation, on behalf

of•• the corporation.

Not-ef,ub1ic, Staté'of Floridáat Large / UbIIC. Cr lb At \itary Llrnmar

14y

/

5plmnission expires

1

wa

li

rc/1 25

L&g 1984

OFF.4

VILLAGE XIII OF .ARROLLWOOD VILLAGE, PHASE .i.I, UNIT 3 RE[.232 DESCRIpTION.

ohip Zaooutri,

P, parcel of land lying in Smetion 5, Range 18 East, and Section 6, Township 28 South, Range 18 East, Hills— borough County, Florida, and being more particularly described as follows:

From the Northwest corner of Section 5, Township 28 South, Range 18 East, Hilisborough County, Florida; run thence N.89°54'16'E, 1075.65 feet along the North boundary of said Section 5; thence S.00°05'44'E,, 550.00 feet along the centerljr,, of Burrington Drive; thence S,89° 5416w., 40.00 feet to the Point of Beginning; thence:s.ooeo5'44"E., 790.43 feet along the West right-of—way line bf Burrington Drive, to a point of curvature; thence Southeasterly, 320.28 feet along the arc of a curve concave to the Northeast and having a radius of 1680.00 feet (chord bearing S.0533'26"E., 319.80 feet) along said right—of—way line to a point of tangency; thence S.ll°Ql'07"E, 304.74 feet along said right_of_way line to a point of curvature; thence Southwesterly, 340.59 feet along the arc of a curve of 597.79 feat (chord bearing concave to the Northwest and having a radius S.05°l8'l2"w., 336.00 feet) along said rightof-cay line; thence N.66°41'27"w., 1193.12 feet along the Northeasterly houndory of VILLAGE XIV of CARROLI,WOOD the map or plat thereof as recorded in VILLAGE, PHASE III, according to Public Records of Hillsborough County, Plat Book 51, Page 75 of the Florida; thence N.66°43.'27'w,, 116,17 feet; thence N.00°0544"W,, 640.00 feet; thence N.08°020O"E,, 106.00 feet; thence N.l9°55'20"E , 97.00 feet; thence N.29°23OO'E,, 91.50 feet; thence N.08°38'l2"E., 77.59 feet; thence N.00°05'44"w., 230.00 feet; thence N.8954l6"E , 1040.00 feet to the Point of Beginning.

Cn;tejning 38.85 acres, more or less.

LESS:

The following two parcels

of land comprising Units i

& II of

Village xii:t

DESCRIPTIOg;. A parcel of land lying in SectIon 5, Township 28 South, Range 18 East, and Section 6, Township Z8 South, Range East.,H1l'lsborougi., County, Florida, and being more paftIciilarly described as18. follows: From the Northwest corner of Section 5, Township 28 South, Range 18 East, -lilisborough County, Florida; run-thence N.8g'54'16"E., 1075.65 feet along the North boundary of said Section 5; thence S00'0544'E., 550.00 feet along the centerline of Burrington Drive; thence S18954!j.5W., 40.00 feet, -thence S.00'05'44FE.., 759.30 feet along the West right-of-way line of Burr.ington Drive, totthe Pointof Beginning• thence continue along s4id West right-of-way line S.00°Q'44'E., 31.13 feet to a point of curvature; thence Southeastgt-ly, 32028feet aldngthe arc of a curve concave to the Northeast and having a- radius of 1680.00 feet (chord

319.80 feet) along said right—of—way line to a point of tangency; thence S.11'01'07"E., 304.74 feet along said right—of-way line to a point of curvature; thence Southweurly, 340.59 feet along the arc of a curve concave to the Northwest and having a radiss of 597.79.feet (chord bearing S.05°18'12"w. , 336.00 feet) along said right—of-way line; thence N.66°41'27"w, , 1193.12 feet along the llociheasterly boundary of VILLAGE XIV of CARRDLLW000 VILLAGE, PHASE.I1I, according to the map or plat thereof as recorded in Plat Book 51., Page 75 of the °ublic Records of Hil-isborough County, Florida; thence N.66°41'27"W., 116.17 feet; thence N.00'05'44"w,, 430.52 feet; thcnc N,89°54'16"E 115.00 feet; thenc. N.00'0544"w., 33.51 feet; thence 5.89'54'lS"E., 165.00 feet; thence N.00"0544W., p.39 feet; thence N.89' bearing S.05'33'26"E, ,

541St., 115.00 feet; thence N.00°0545"14., 11.20 feet; thence N.89°54J5E.,

11.30 feet; thence N.89'54'16"E • 165.00 font; thence S.00O5'44"E, 13.50 feet; thence N.89°5415"E,, 280.00 feet; thcncc S.00'05'44"E. , 18.29 feet; thence Ii.89'54'16"E., 140.00 feet to the Point of Ileginning. 165.00 feet; thence N,00'05'44"w. ,

Contdinng 20.09 acres, morn or less.

flI.S(.w['TloN

15

described

:5 parcel of land lying in SectIon 5, Township 28 South,,

East, Itllehorough County, Florida, and being more particularly

as follows;

t}:rthwest corner of said Section 5, run thene N89°54'l6"E. tile North bc,undarv f said Section 5, a distance of 1075.65 feet;

-rem tIi ;ilcn;

thonce S.QQ°05'tbE along the centerline of Burringtor. Drive, a didtance ci 550.00 feet; thence S.89°54'lS"W, , 40.00 feet to a point on the West r;:11:t-oi-w,-:-; Burrington Drive and the Point of Beginning; thence SOD° 05//L,, ;ilong said right-of-way a distance of 759.30 feet; thence

if

1ccv;rn W.

vail right-of-way,

15.21

lent;

thence

S.89°54'lG"W,, 140.00 feet; thence tLOO°05'44"

S.89°54'I.G"W.

, 280.00

feet; thence N.OO°05'44','W.

13.50 loot; thence S.89°54'l5"W,, 165.00 feet; thence N.00°D5'44"W., 157.51) feet; thence 5.89°54'lS"W,, 22.50 feet; thence N.00°05'44"W., L65.00 lent, tRance s.89°54'l6'5L, 160.110 feet; thence N.00°D5'44''W., 155.00 lout; thence N.89°54'l6"E., 7.51) feet; thence N.00°05'L.4"W., 110.00 loot, thence 1.f9°5116"E., 760.00 feet to the Point'of Beginning. C:nta:r-i:np

LL.30 acres, more or less.

V'kL 5

63-cis -!I

:4211 1423 SUPPLEMSNT TO

MASTER

DECLARATION OFCOVENANTS,c0i21—

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a for Master Declaration of Covenants, Conditions and Restrictions Carroliwood village, Phase III in O.R. Book 3684, at page 294, public Records of Hilisborough County, Florida (herein together with all amendments thereof and supplements thereto collectively cal:Led the 'Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means Master Declaration can, by which land described on Exhibit C to the from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase iii Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and

WHEREAS, U.S. Home Corporation js the owner in fee simple of the and incOrpOrat? herein land described on Schedule 1 attached hereto to add it to the land by reference, and wishes, as the Declarant, which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and

WHEREAS, the land described on attached Schedule 1 is oart of the land described on Exhibit C attached to the Master Declaration;

_ithin INTIAX SURTAX

Do

sip

as the Declarant, pursuant NOW, THEREFORE, U.S. Home Corporation, Declaration, does hereby tothe terms of Article VII of the Master Schedule 1 shall hencedeclare that the land described on attached forth be, and hereby is, made subject to, bound and encumbered by all the Master Declaration, of the terms, conditions and provisions of Schedule 1 shall be included such that the land described on attached used in the Master Declaration, and the term "Properties" as shall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and and authority of the hail also be subject to the jurisdiction Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations.

Schedule 1 shall now and hence— The land described on attached subject to the easements, restric— forth be held, sold and conveyed hereby .__i__._,tions, covenants and conditions of the Master Declaration of protecting instrument, which are for the purpose by this imposed which, subject to the a'.endmeflt NUMJ the value and desirability of, and thereof, shall run with the land and be binding on all parprovisions ties having any right, title or interest therein, or any pirt thereof, representatives: successors and their respective heirs, personal assigns, and shall inure to the benefit of each Owner thereof.

77

EC

U.S. Home Corporatiofl, as the Declarant, ereby cert-fies that Administration has been the prior written approval of the Veterans Supplement. Pursuant to the terms obtained to the recording of this consent or approval of of Article VII of the Master Declaration, flO required to the recording of this any other person or party is — Supplement.

This instrunent prepared by:

ucum COURT

REC0 DEPT,

soOU1

-

Ed

Pmstrong, Esq.

JOHNSON, BLZXELY, POPE, POKOR & RUPPEL, P.A.

911 Chestnut Street

\ Clearwater, Fl

Verf1ed

33516

}

Deptny Clerk

—

—

D flJ 01

E:411 144

-2-

IN WITNESS WHEREOF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III by its duly authorized officers as of this ../4f day of , 1983. Signed, sealed and deli red in

the presence of:

" D e cia r ant '

U.S. HOME

CORPORATION

Eivision Attest:

,/

(CORBC)

p e

ent

$Y ary E SEAL)

STATE OF FLORIDA COUNTY OF HHLSBOBOUGH The foregoing instrument was acknowledged before me this 31st by I. A. Beauchaiip, Jr. , 19_83 and asbivision ______ President and D±Tsion Secretary, respectively, of U.S. Home Corporation, on behalf of the corporation. day of October

Bill upkaro±is

Lorida at Large ta' Public, Sthth Of FILi At L3r

ission expires: MyComission0xp525

:111 14? VILLAGE XV OF CARROLLWOQD VILLAGE, PHASE III

DESCRIPTION : A parcel of land lying in the Northeast 1/4 of Section 6, Township 28 South, Range 18 East, Hilisborough County, Florida, and being more particularly described as follows: From the Northeast corner of Section 6, Township 28 South, Range 18 East, Hillsborough County, Florida; run thence S.89058'2911W., 418.66 feet along the North boundary of said Section 6; thence S.00°01131"E., 550.51 feet to the Point of Beginning; thence N.89°54'16"E., 415.00 feet; thence S.0O°05'1414"E. , 230.00 feet; thence S.08°38'12"E. , 77.59 feet; thence

S.29°23oo'W. , 126.42 feet; thence S.1803514611W. 96.76 feet; thence S.00°05'44"E. 714.02 feet; thence S.66°41'27"E., 116.17 feet; thence S.78°27'Lis'W., 856.36 feet along the Northerly boundary of VILLAGE XIV OF CARROLLWOOD VILLAGE, PHASE Ill, according to the plat

thereof as recorded in Plat Book 51, Page 75, of the Public Records of Hilisborough County, Florida; thence Northwesterly, 405.71 feet along the arc of a curve concave to the Southwest, and having a radius of 590.00 feet (chord bearing N.41°50'28"W., 397.76 feet), to a point of tangency; thence N.61°32'25"W., 218.89 feet to a point of curvature; thence Northwesterly, 360.22 feet along the arc of a curve concave to the Northeast and having a radius of 560.00 feet (chord bearing N.43 06LI5'W., 354.04 feet), to a point of tangency; thence N. 24°41'OS"W., 63.14 feet; thence N.79°32'33"E., 1166.04 feet; thence N.00°01'31"W., 511.05 feet to the Point of Beginning.

Containing

25.81 acres,

more or less.

March 12, 1981

SUPPLEMENT TO

MASTER DECL1-RAT1ON OF COVEN T5, CO Di N3 F.ND rTJ-JCTJ0N5 CARROLLWODD Vi LLAGE, PHASE Ii 1

.3829

j-o 924

WHEREAS, U.S. Home Corporation, as the Dec].arant, recorded a Master DeclaratiOn of Covenants, Conditions and Restrictions for Carroilvood village, Phase 111 in O.R. BDOk 3684, at page 294, Public Records of Hilisborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "M2ster Declaration"), such Master Declaration being incorporated herein by reference; and

WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase III Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and

WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration; NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant to the terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. The land described on attached Schedule 1 shall now and henceforth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof.

U.S. Home Corporation, as the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is reguired to the recording of this Supplement.

T'Ln JF cLcc.1

JI\MES F.

This instrument prepared by and to be returned to: Atty. Glee A. Triplett JOl-INSON, BLAXELY, POPE, BOKOR &

RUPPEL, P. A.

911 Chestnut Street Clearwater, Florida 33516

IL /

4

-

",3829p 25

-2--

IN %ITNESS WHEHEOF, the undersigned corporation has to ?'aster Declaration of Covenants, Conditjoj-executcd

this

By

Supplement

and

Restrictions for Carroliwood Village Phase III by its duly authorized Officers as of this day of Tu1y

1981.

Signed, sealed and delivered in the presence of;

'Dccl a rant"

U.s. HOME CORPORATION

Di iSiOriSi S Cretary Attest>4 ORPOPTE SEAL) -

STATE OF FLORIDA

)

COUNTY OF HIILSBOROU

) )

The foregoing instrument was acknowledged before me this 2nd day of July , 19 81 by l.A. Beaucharrp,Jr. and

BiliDaskarolis

-SiStaflt Secretary, of the corporation

abTvjsjon VIce

respectively, of U.S.

/

-

President and Division Home Corporation, on bhali

P2 / /

/7/7 / . Ny commission —

. expires: ____________________ >iudjU B, F,zO $I5UOfll U4nBmr1 cl

SCHEDULE I

The foiloing real projxrLy in Hi1lsbroujh County, Florida:

Lots 1 through 7 inclusive Block 1, Lots 1 ard 12 through 23 inclusive, Block 2, and Lots 1 through 23 inclusive Block 3, Village X Unit I of Corrollccd Village

Phase III, according to the rnp or pint thereof recordcd in Pint Pi:ok 52 at Page 29 of the Public Records of Hillslxrough County.

Lots 1 through 19 inclusive Block 1, Lots 4-9 inclusive Block 2, lots 4—ii inclusive Block 4, lots 4—14 inclusive Block 5 and Lots 4—16 inclusive Block 6

Village XIII of Carrolh.ocd Village Phase III according to the n-ap or pint thereof recorded in Pint Pcok at Page 53 of the Public Records of Hillsbjrough Counti Florida.

lots 1 through 19 inclusive Block 1, Village XX Unit II of Carroll\ocai Village

Phase III, according to the map or plat record1 in Pint Bock 52 at Page 40-1 of the public Records of llihlsLorough County, Florida.

:L262?G 103 SUPPLEMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARROLLWOOD VILLAGE, PHASE III

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carrollwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hillsborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the 'Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase III Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and

WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration; NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant to the terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. The land described on attached Schedule 1 shall now and henceforth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. U.S. Home Corporation, as the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement. JAMES F. TAYLOR JR. CLERK crRcurr COURT RECORDNG DEPT

This instrument prepared

by and to be returned to: Atty.

Glee A. Triplett JOHNSON, BLAKELY, POPE, BOKOR & RUPPEL, P. A. 9111 Chestnut Street

N

diearwater, Florida 33516

i

•

J

—2—

clJJr 1.U4 IN WITNESS WHEREOF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carrollwood Village Phase III by its duly authorized officers as of this 27 May day of 1981. , Signed, sealed and delivered in the presence of:

"Declarant"

U.S. HOME CORPORETION

By____ Attest:

ion

/ ) ___________ ry

STATE OF FLORIDA

COUNTY OF Hilisborough

The foregoing day of May

instrument was acknowledged before me this 27 , 19 82 Beauchamp, Jr. and Bill Daskaroljs as Division Vice President and Division Assistant Secretary, respectively, of U.S. Home Corporation, on behalf of- the corporation.

by I. A.

1/

Notat'Public,

—

State of Florida attrge

My commission expires :NOrY Pbic.

Sthb of

y Comnioon bpire piii 3, 98F Dondod y A,,,ri,o, F,o & Co,Uy Copo,y

•

-

/ /O(i'i/ /oo'

i

a/

,(a/.o bei.-, Ihence tV BS/3'22. .5.6.00 /ee/ /o /he oa}; i-irner rec-orJe' 0 ,. book 38g/, Page /dB8 ecorS o/ l///borogA P/oriaond/he 7ie (p7836

/

V7W/A/43 acre., ici-e or /c.

.42/.,6000

/hence

/9/8/e//nce84'

306.89 /ee/; /ece 8 6/0708E., 80.14 fee/, Ihence /ee// thence 8433746YY Ihence 9600 8 43374.5VY, 2990 ceet, /Aeice 8/322VV, 76"E. /eeif, ,Seg/Aning. OO.OOi'ee/ 71o /he frie Po,'/

/ee/a/0r79 ic/ Ei/ Ieewny ci! g15h/-0(-yI0, ,yggy.5"7" L 2.37607tee/.

hcnce A/O/4 8"V'i,

iy//o/-YYy; 711ence

oirn1

/,roA /49/, o/eq'r1niny;

Cen/er/ie o/ /arnerPi

/ee?'a/onj

EA/ Q.ciIIr/oN he o'-i/h '/4 Corner o/6ec/,or Tovinhip 2'B 5oi/A, qh Co "i /j, P /ordo, //J ei cc /'-/ 01 '8 k///47f. a r q e /8 .Ea /7'iI/.b or ihe i-/or/h-oe-iTh en!er1ie a/.aid 8ec//on

-

/h

/,Se

avi 5/)

c2.9

li

/7

,p c ic/er

,r7,

The

wi/A

o(

Z

8

8

OF CAFROL

6, TOWNSHIP 28 SOUTH, RANGE

XEHUNT I

A FORTON OF SECTiON

VLLAGE

RCEVED U.M i

UUD t1L

SUPPLEMENT TO

MASTER DECLARATION

CARROLLWOOD VILLAGE

CCCD

PHASE II

:4O84 1631 WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carroliwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hilisborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration"), such Master Declaration being incorporated herein by reference; and

WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase III Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration;

f

NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant tothe terms of Article VII of the Master Declaration, does hereby

7eclare that the land described on attached Schedule 1 shall hence—

/ --/

/ FEE

forth be, and the terms,

hereby is, made subject to, bound and encumbered by all conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including

wthout limitation, the shall also be subject sociation, including Incorporation, Bylaws

assessment and lien provisions thereof, and to the jurisdiction and authority of the -. without limitation, its Articles of and Rules and Regulations.

The land described on attached Schedule 1 shall now and hence— forth be held, sold and conveyed subject to the easements, restric— -------—rons, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting '—Lhe value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all par— ties having any right, title or interest therein, or any part thereof, OE_their respective heirs, personal representatives, successors and

' ,,,

9assigns, and shall inure to the benefit of each Owner thereof. U.S. Home Corporation, as the Declarant, hereby certifies that -the prior written approval of the Veterans Administration has been LJTf obtained to the recording of this Supplement. Pursuant to the terms

of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement,

instrument prepared Ed Armstrong, Esq This

by:

_—

JOHNSON, BLAKELY, POPE, BOKOR & RUPPEL, P.A.

911 Chestnut St. C]earwater, FL 33516

Record Verified Jemos F. Taylor, Jr.

DeputyClork

4U84 1632 IN WITNESS WHEREOF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carrollwood Village Phase III by its duly authorized officers as of this 24th day of March 1983. , Signed, sealed and delivered in the presence of:

e cia r ant"

U.S. HOME CORPORATION

Re ion Pr

Attest:

':

(COJ(3 W° ;f

STATE OF FLORIDA ) COUNTY OF HrLLSBO1tUGH

day

Ast.

i e-ñ /

The foregoing instrument was acknowledged before me this 24th by I. A. Beauchalip, Jr. 1983 ,

of March

Bill Daskarolis

Secretary, respectively, of the corporation. Region

Region President andAssistañt

of US Home Corporation, on behalf

Note y ublic, State of Notary

My

Public, co is S ion expires: My Commission EtiI J! aonded fly SAFCO

larly

¼

VILLAGE X

III

- UNIT II OF CAEROLLVX)D PHASE

VILLAGE

DESCRIPTION: A parcel of land in the North 1/2 of Section 5, Township 28 South, Range 18 East, Ililisborough County, riorithi, and hoing more particudescribed as follows: From the Nor/hecl5/ corner of' the Nc.—hwest of Section 5, Township 28 South, Range 18 East, Hilisborough County, Florida; run thence N.89535O"E. , 142.72 feet along the North boundary of said Section 5; thence 5.145414W., 291.98feet; thence S.OO°29O1"E., 195.24 feet; thence S.07°22O0'W., 164.14 feet; thence S.89°54l6W. , 417.20 feet to thePoint of Beginning; thence S.31°03'14E. 151.96 feet; thence South, 108.58 feet; thence S.35°2839"W., 150.79 feet; thence S.89°5416'W., 90.47 feet; thence S.OO°0544E., 100.00 feet; thence N.89°5416E., 113.87 feet; thence S.0O0544E., 184.52 feet; thence Southeasterly, 39.27 feet along the arc of a curve concave to the Southwest and having a radius of 25.00 feet (chord bearing S.45 05 44 E., 35.36 feet);

,

,

,

less.

,

.

,

,

thence S.0D°0544'E. , 123.79 feet; thence S.8954l6W. 197.50 feet; thence N.78°18ll'W. 91.94 feet; thence S.89'5416W. , 325.90 feet; thence N.84° 0645W., 80.83 feet; thence N.514O00W. 247.09 feet; thence N.08'0854W. 78.29 feet; thence H.O0'0544'W., 110.00 feet; thence N.8954'16E., 5.00 feet; thence N.OO"0544W. 50.00 feet; thence S.O9Sil16W. 5.00 feet; thence N.0Q'Q544W. 107.50 feet; thence N.61'0537E. , 57.06 feet.; thence N.00'DS 44W. , 240.00 feet; thence N. 8D54 1 6L. 811 116 feet to the Point of Beginning. Containing 15.02 acres, more or

OFF. .

MASTER

LL1z1di 1ft3

SUPPLEMENT TO __________

DECLARATION OF COVENA CONDITIONS AND RESTRICTIONS FOR CARROLLWOOD VILLAGE, PHASE III

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carrollwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hillsborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carroliwood Village Phase III Homeowners Association, Inc. (the 'Association) by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and WHEREAS, the land described on attached Schedule 1 is part of the

land described on Exhibit C attached to the Master Declaration; NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant to the terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall hence—

forth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, uch that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and ——€hall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and __._.ahall also be subject to the jurisdiction and authority of the LK Association, including without limitation, its Articles of _....Jncorporation, Bylaws and Rules and Regulations.

The land described on attached Schedule 1 shall now and henceforth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. U.S. Home Corporation, as the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of this any other person or party is required to th reco in rd Ver Supplement. lvi Jr. 1 Cir oiirt EEPURN TO: E.D. PENSTRJNG, III, ESQ.

JOIS,

BLLY, POPE, BOKOR & RPEL, P .A.

911 QIESINUT STRERT P.O. BOX 1368

By

EARER, FL

33517

Record Verlfled

James F. TyJor, Jr.

Clerk f OrcoltpourtJ

_7f

QJ

Di

JAMES

TA'(LOR, JR

CLERK cIRcuIT COURT RECORDING DEPT.

HILLSROROUGH CO. TAMPA, FL 33601

0 0 C-,

C puty Clerk

-,

ij m

m

C-i

00—— C-,

—

O 00 Di 0 —00

4 Di Di —Di

O3)U:

-2-

41 1T(O

IN WITNESS EREOF, the undersigned

corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carrollwood Village officers as of this 24 day of June Phase III by its duly authorized ,

Signed, sealed and delivered in the presence

1983.

"Declarant"

U.S. HOME CORPOTION By.

At

STATE OF FLORIDA

COUNTY OF HILLSBOU

The foregoing instrument was acknowledged before me this 24 June , 1983 by I. A. Beauchanip, Jr. and Bill Das]caroljs as Division ______ President and Division Secretary, respectively, of U.S. Home Coration, onbeha1f o the corporation. day of

//

State Notar/Public, / My /omrnission expires:

MyCommsEon

i::;

I

:4136 1/71 VILLAGE XI OFCARROLLWOOD VILLAGE, PHASE

III,

DESCRIPTION: A parcel of land lying in Section 5, Township 28 South, Range 18 East, Hillsborough County, Florida, arid being more particularly described as follows: From the Northeast corner of the Northwest 1/4 of Section 5, Township 28 South, Range 18 East, Hillsborough County, Florida, run thence N.89o535OE 142.72 feet along the North boundary of said Section 5; thence S.14°54'lAW., 103.53 feet to the Point of Beginning; thence S.14°54'lA'w 188.45 feet; thence 5.00° 29'OlE, 195.24 feet; thence S.07°2200°w, 164.14 fret; thence S.89°5416'w., 1599.06 feet; thence N.0O°0544'14 ., 5iu.OO feet along the East right-of-way line of Burrington Drivr thence N.89°5416E 1551.91 feet and the South right-nfwy line of Ehrlich Road; thence N.89°53'BOE., 115.93 feet alung said South right_of_way line to the Point o Beqinriinq. Containing 20.14 acres. more

er less.

5UPPLMNT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR

CARROLLWOOD VILLAGE, PHASE III

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carrollwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hilisborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carroliwood Village Phase III Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration; NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant tothe terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. The land described on attached Schedule 1 shall now and henceforth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof.

U.S. Home Corporation, a the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement.

instrurtnt prepared b' andto b&retiirned to: Atty: EdAinstrong This

JOHNSON,

BLAKEIY, POPE,

BOKOR & RUPPEI, P. A.

911 Chestnut Street Clearwater, Florida /cz7

33516

—2--

IN WITNESS WHEREOF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III by its duly authorized officers as of this 19th day of January , 1983.. Si gned, sealed and deliv in the presence of:

d

"Declarant" U.S. HOME CORPORETION

.

STATE OF FLORIDA

COUNTY OF HIILSBOROU The foregoing instrument was acknowledged before me this 19th day of January 19 83 by I. A, Beauchanp, Jr. and as Bill Daskarolis President and Assistat PeqQn Region Secretary, U.S. Home ration, on behalf of• the corporation.

, / respectiviy, of /

otary

ublic, St,t of Florida at Large Pubi, St Of •:c: expires: MYi[:r82514 (

My

co ission

Not-zy

At L-re.

VILLAGE XII OF CARROLLWOOD VILLAGE, PHASE Ill

DESCRIPTION: From the Northwest corner of Section 5, Township 28 South, Range 18 East, Hillsborough County, Florida; run thence S.00° 28'57E., 100.00 feet, along the West boundary of said Section 5, for a Point of Beginning; from said Point of Beginning, run thence N.89° 54'16"E., 953.70 feet, parallel with the North boundary of the West 1/2 of said Section 5; thence S. 39°29' 22"E. , 94.84 feet; thence S.00°081 0'E., 341.32 feet; thence S.40°30'21"W., 46.60 feet; thence S.89°54'16'W., 1403.82 feet; thence N.00°01'31'W., 450.51 feet; thence N.89°58'29"E. 419.46 feet, parallel with the North boundary of the East 1/2 of Section 6, Township 28 South, Range 18 East, Hilisborough County. Florida, to the Point of Beginning. Containing 14.75 acres, more or less.

WI

UPPLEMENTTO ____________

RECOR

MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONKFOR CARROLLWOOD VILLPGE, PMPSE III

3.o

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carrollwood village, Phase III in O.R, Book 3684, at page 294, Public Records of Hilisborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration"), such Master Declaration being incorporated herein by reference; and

WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carroliwood Village Phase III Homeowners Association, Inc. (the Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration; TTAX

THEREFORE, U.S. Home Corporation, as the Declarant, pursuant terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall hence— -_L___..rth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, 7 _4ich that the land described on attached Schedule 1 shall be included EtFEE within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including CNUM without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the URTAX

/ -the

NOW,

/

sociation, including without limitation, its Articles of JIncorPoraton1 Bylaws and Rules and Regulations. C OK -

The land described on attached Schedule 1 shall now and hence—

—b-------—--torth be held, sold and conveyed subject to the easements, restric—

,..

tions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all par—

_ties having any right, title or interest therein, or any part thereof, 9dtheir respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof, U.S. Home Corporation, as

the

Declarant, hereby certifies that

the prior written approval of the Veterans Administration has been -'

obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement.__________________ - -

This instrument prepared by:

RecoVerIfid mm F. TaY0T, ir.

Ed Armstrong, Esq. JOHNSON, BLAKELY, POPE, BOKOR & RUPPEL, P.A. 911 Chestnut St.

Clearwater, FL 33516

tGou Deputy Ct&1

IN WITNESS WHEREOF, the undersjned corporation Supplement has executed th to Master Declaration of Restrictions for Carroliwood VillageCovenants, COdjtjos and officers as of this

_j

day

of

Phase III by its duly authorized , 1983..

March

Signed, sealed and delivered in the presence of

"Declar ant"

CORPORATION

By

STATE OF FLORIDA

COtJNTY OF HIILSJUGH The foregoing instrument was acknowledged before me this 24th March day of I. A. Beauchanip, Jr. 1983 by , Bill

Dasicaroils

as

President and Assistant Region Secretary, respectively, of Peon U.S. Home Corporation,

:.

fth.f

of the corporation

My commission expires

—

III

II OF CRBOIL-jO VILt

PHASE

UNIT

A parcel of land lying in

XIII GE

18 East,

Containing 11.30 acres, more or

less.

S.89°54'16"W., 280.00 feet; thei 13.50 feet; thence S.89°54'16"W., 165.00 feet; thence 257.50 feet; thence S.89°54l6"W., 22.50 feet; thence 165.00 feet; thence S.89°54'l6"W., 160.00 feet; thence 165.00 feet; thence N.89°54'16"E., 7.50 feet; thence N. 140.00 feet; thence N.89°5416"E., 760.00 feet to the

e N.00°05'44"W., .00°05'44"W., .00°05'44'W. .00°05'44'W., 0°05'44"W. int of Beginning

From the Northwest corner of said Section 5, run thence N 89°54'16"g along the North boundary of said Section 5, a distance of 1075.65 feet; thence S.O0°05'44E, along the centerline of Burringto o Drive, a distance of 550.00 feet; thence S.89°54'l6W., 40.00 feet to a on the West right-of-way of Burrington Drive and the Point of Beginp Dint 1ing; thence S.00° Q544'E. along said right-of-way, a distance of 759.3 feet; thence leaving said right-of-way, S.89°54'l6'W., 140.00 feet; thence N.OD°Q5'44" U., 18.29 feet; thence

Range

Section 5, Towdship lillshorough County, Florida, and being core 28 South, Particularly described as follows:

DESCRIPTION:

VILtAGE

I

OF-F iTh'

SUPPLEMENT TO

oi lbS

MASTER DECLARATION OF COVENANTS , CONDITIONS ND RESTRICTIONS FOR

LLWOOD

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carrollwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hillsborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the 'Master Declaration") such Master Declaration being incorporated herein by reference; and

WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Mister Declaration can from time to time, be made subject to the terms and provisions of he Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase III Homeowners Association, Inc. (the "Association) by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration; NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant to. the terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall hence—

_____ TAX

——'forth be, and hereby is, made subject to, bound and encumbered by all AX of the terms. conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term 'Properties" as used in the Master Declaration, and ___shall be subject to all terms and provisions thereof, including FE without limitation, the assessment and lien provisions thereof, and ___hall also be subject to the jurisdiction and authority of the :NUM Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations,

DU The land described on attached Schedule 1 shall now and hence— --——-—-forth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby -—imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. U.S. Home Corporation, as the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement.

JLKCUTL0URi

E.D. PJP4STBOG, III JOHNSCN, BLAKELY, POPE, BOKOR & RUPPEL, P .A. 911 CHESINUP STREET P.O. BOX 1368 Record Varffled CLEAPWAI'ER, FL

33517

)am°s c Toylor, Jr.

Cterk

of OrcuU Court

eputyG

W Co Co

Co

— C:) r CC CC

CC- -n

Li D

CC

—2—

:4136 r7

IN WITNESS EROF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants,

Conditions and Restrictions for Carroliwood Village Phase iii by its duly authorized officers as of this 28 day of June , 1983,. Signed, sealed and delivered "Declar ant" in he presence of: U.S. HOME CORPORATION

By

Division

Attest:

STATE OF FLORIDA

COUNTY OF HIIJBOUH

The foregoing instrument was acknowledged before me June by I. A. Beaucharnp, Jr. 1983 ,

day of

:xid aTvision President arid Di—i,ion Secretary, respectively, of_______ U.S. Home Corporationon be)alf

Bill Daskaroljs

_______

- is 'p8th .'

of the corporation.

Notar,/Pub1ic, State of Florida at Large My

mrniss

ion

Notary Pubfi

State Of FQd3 t L.iyr expires :MyComrnsjDflEjrpi

CAR1jILOD VULA PHASE III VIlLAGE XVI

:4136 1°768

DESCRIPTION: A parcel of land lying in the East 1/2 of Section 6, Township 28 South, Range 18 East, Hillsborough County, Florida, said parcel being more particularly described as follows: From the Southeast corner of said Section 6, run thence N. 00° 28 57' W., 2114. 02 feet to a point on the Southwesterly right-of-way line of West Village Drive, as shown on the plat of Village XIV of Carrollwood Village, Phase Ill, as recorded in Plat Book 51, Page 75, of the Public Records of Hillsborough County, Florida; thence along said Southwesterly right-of-way line of West Village Drive, the following six (6) courses: (1) Northwesterly, 77.84 feet along the arc of a curve to the right, having a radius of 390.00 feet and a central angle

of 11 °26' 10' (chord bearing N. 50° 46' 03°W. , 77.71 feet) to a point of tangency; (2) N. 45°02' 58'W. , 200.00 feet to a point of curvature; (3) Northwesterly. 226.01 feet along the arc of a curve to the right, having

a radius of 390.00 feet and a central angle of 33°12'll" (chord bearing N. 28°26'52"W. , 222. 86 feet) to a point of reverse curvature; (4) Northwesterly, 176.72 feet along the arc of a curve to the left, having a radius of 260.00 feet and a central angle of 38°56'33" (chord bearing N.31 °1 9103W. , 173.33 feet) to a point of tangency; (5) N. 50°47'20"W. 350.00 feet to a point of curvature; (6) thence Northwesterly, 222.85 feet along the arc of a curve to the right, having a radius of 640.00 feet and a central angle of 1 9°57'02" (chord bearing N. 40°48'49W. 221.73 feet) to the Point of Beginning; thence S.71°47'SO"W., 271.12 feet; thence S. 70°05'O8"W. , 80.00 feet; thence S. 68°2V30"W. , 256.61

feet; thence S.85°06'l4"W., 100.89 feet; thence N.83°19'27"W., 60.00 feet; thence N.0o°46126"E. 440.00 feet; thence S.72°04'OO"E. , 23.00' feet; thence N.57°51'oO"E. 56.00 feet; thence N.22°17'OO°E. , 95.00 feet; thence N.11°46'OO"W. ,

115.00

feet; thence N.45°'49'00'W. ,

194.00

feet; thence N.31°42'Oo"W., 267.00 feet; thence N.69°14'25"E., 288.90 feet to a point on the proposed Southwesterly right-of—way line of West Village Drive; thence along said proposed Southwesterly right-ofway line of West Village Drive and along a portion of the existing Southwesterly right—of—way line of West Village Drive, as shown on the afore-

said plat of Village XIV of Carrollwood Village, Phase Ill, the followIng four (4) courses: (1) Southeasterly, 125.00 feet along the arc of a curve to the left, having a radius of 6110. 00 feet and a central angle ol 11011126u

(chord bearing S.55°56142"E. , 124.80

feet) to a point of tan-

gency; (2) S.61°32'zs"E., 218.89 feet to a point of curvature; (3) South-

534.07 feet along the arc of a curve to the right, having a radius of 510.00 feet and a central angle of 60000b00 (chord bearing S. 31 °32' 25"E. , 510. 00 feet) to a point of reverse curvature; (4) Southeasterly, 327.26 feet along the arc of a curve to the left, having a radius of 6140.00 feet and a central angle of 29°17'53° (chord bearing S.1 6°1 1122'E. , 323.71 feet) to the Point of Beginning. easterly,

Containing 13. 54 acres, more or less.

LJH3U PG SUPPLEMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR

CARROLLWOOD VILLAGE, PHASE III

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions' and Restrictions for Carrollwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hilisborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration"), such Master Declaration being incorporated Therein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Mster Declaration can,

from time to time, be made subject to the terms and provisions of the. Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase III Homeowners Association, Inc. (the _._..."Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and /

'

C

'''-l -

-

WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, pursuant to the terms of Article VII of the Master Declaration;

Laa

'f

WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant tothe terms of Article VII of the Master Declaration, does hereby. declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. The land described on attached Schedule 1 shall now and hence-i forth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof

U.S. Home Corporation, as the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement. This

instrurtent prepared

and to be returned to: Atty. Glee A. Thiplett by

josc B)R

pjpp & RUPPEL, P. A.

Street Clearwater, Florida 911 Chestnut

33516

cIer V,cd . iya. Jr. erC5IUjOt1rt Recnrd

jamcs

,ç5

357 IN WITNESS WHEREOF, the undersigned corporation has executed this Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III by its duly authorized

officers as of this 19 day of

Auqust

Signed, sealed and delivered in the presence of:

,

1982.

"Declarant" U.s. HOME CORPORATION

By____

President

Attest

Dj7ion: Secrtary (CORPORATE SEAL)

STATE OF FLORIDA COUNTY OF HU.IBBOJU(T

The foregoing instrument was acknowledged before me this day of August by 19 82 l.A. Beaucharip, Jr. and , Larry S. Brock as Region President and Division _________ Secretary, respectively, of U.S. Home Corporation, on behalf of- the corporation.

?

Not-r Public, State of Floria at:Large My commission expires&7n.. •" y ruesç Sts!e J Ibr7d, ettsr.&. My CQm5ssion Expires Aprit 3, 1983 ond. e, An,.,jc,n Fl,, & Comp.,

•

\J\

S

O

•-

CONTAINING

FLORIDA,

THAT

'/

11

263 ACRES MORE

OR

LESS

SECTION 6, TOWNSHIP 28 S., RANGE 18 E, HILL3BOROUGH, COUNTY, OF THE EAST 1/2 BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SAID SECTION 6, THENCE N 01°46'SB" N, 2157.85 FEET ALONG THE NORTH—SOUTH CENTERLINE OF SAID SECTION 6 AND THE CENTERLINE OF TURNER ROAD; THENCE N 6B13'22" E, 55.00 FEET TO THE EAST RIGHT—OF—WAY LINE OF SAID TURNER ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3881 PAGES 1488—1491 OF THE PUBLIC RECORDS OF SAID COUNTY AND THE POIN OF BEGINNING THENCE ALONG SAID EAST RIGHT—OF—WAY LINE N 01 46 38 N 881 65 FEET THENCE LEAVING SAID RIGHT—OF—WAY LINE S 76 45 45 E 225 70 FEET THENCE S 54 56 58 E 358 40 FEET THENCE S 01 46 36 E 966 16 FEET THENCE S 43 37 45 N 138 41 FEET THENCE N 46 22 15 N 95 00 FEET THENCE E 19 lB FEET THENCE N 46 22 15 N 50 00 FEET THENCE N 51. 07 08 N 43 37 45 60 14 FEET THENCE N 01 46 36 N 305 89 FEET THENCE S 88 13 22 N 257 50 EEET TO THE POIN1 OF BEGINNING

ART

DESCRIPTION

V1'/7

çj

UPPL2MEMT TO MASTER DECLARATION OF COVENNTS

III

STRICTIS

R

WHEREAS, U.S. Home Corporation, as the Declarant, recorded a Master Declaration of Covenants, Conditions and Restrictions for Carroliwood village, Phase iii in O.R. Book 3684, at Records of Hillsborough County, page 294, Public Florida (herein together with all amendments thereof and supplements thereto collectively called the 'Master Declaration"), such Master Declaration being incorporated herein by reference; and

WHEREAS, Article vii of the Master Declaration provides a means by which land described on Exhibit C to the Mister Declaration from time to time, be made subject to the terms and provisions can, of the Master Declaration, and to the jurisdiction and authority of the Carroliwood Village Phase III Homeowners Inc. (the "Association") by the Declarant recordingAssociation, a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and

WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; a nd

WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration; NOW, THEREFORE, U.S. Home Corporation, as the Declarant, pursuant tothe terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, including without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. The land described on attached Schedule 1 shall now and henceforth be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. U.S. Home Corporation, a the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been

obtained

to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement. __________ ---

This ins trurrent prepared by

and.to be returned.

Atty: Ed Armstrong

to:

-

JOHNSON, BLAKELY, POPE, BOKOR & RIJPPEL, P. A.

911 Chesthut Street

Clearwater, Florida

':

i62&

33516

v_S —2—

IN WITNESS WEEREOF, the unaersiyned corporation has executed thi. Supplement to Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Villae Phase III by its duly authorized officers as of this 19th day of January ,

Signed, sealed and d-±iered in tie

presence

l98.

By, "Declarant" U.S. HOME CORPORATION

Atcr (CORPO

TE SEAL)

STATE OF FLORIDA COUNTY OF HILSBOROUGH

The foregoing instrument was acknowledged before me this 19th day of January _______________ , 1983 and ____ by I. A. Beauchatp, Jr. Bill Daskarolis Region as President and Assistant __________________________ Region Secretary, respectively, of U.S. Home ________ oration, on behalf

of- the corporation.

/Notar/Pub1ic,/St'ate

of

mmiss ion expires:__ry

Commit

—

//qe

/

QECR1PTI0N: A parcel of e:cribed as follows:

of the

land in the East 1/2 of Section 6, Township 28 South, Range 18 East,

,

Hillsborough County, Florida, and being more particularly

,

From the Southeast corner of Section 6, Township 28 Range South, 12 East, Hillsborouqh County, 5oth boundary of said Section 6; thence .?5 Florida; run thence 5.89 5533W., 144.20 feet along the 4343"W. 910.69 feet to a point on a caoe to the North and having a radius of curve; thence Northwesterly 95.30 feet along the arc of a curve c:350.00 feet (chord bearing t.77 33OW., 95.00 368.54 feet to a point of curvature; thence feet); thence N.20 1440E., 60.00 feet; thence N,69 4520W., Northwesterly 178.22 feet along the arc of a feet (chord bearipg N.52Q757'W. curve concave to the Northeast and having a radius of 670.00 177.76 feet) to a point of tangency; thence N.54 282.69 feet along the arc of a curve concave 3034w., 225.67 feet to a point of curvature; thence Northwesterly to the Northeast and having a radius of 570.00 5.63 5424W., 60.00 feet to the Point of feet (chord bearing N.40 1205"W. 279.21 fee.t); thence Beginning; run thence S.770201J'W., 224.34 feet; thence S.241622w., 395.30 feet; thence S.53 0314W., O.?7 feet; thence S.20 0240W., 641.75 feet; thence S.88 3235W., 55.00 feet; thence N.01 feet along the West boundary of the Southeast 1/4 of said Section 6; thence N.22 2725W., 255.00 3235"E., feet; thence N.435652"E., 428.31 feet; thence N.O1-?725"t.., 3235"E., 672.00 feet; thence N.64 3156"E., 722.12 feet; thence N.82 feet to a point on a curve; thence Southeasterly 217.04 feet along the arc of a curve along Southerly right-of-way the line of West Village Drivc Public Records of Hillsborough County, accordino to plat of VILLAGE XIV OF CARROLLW000 VILLAGE, PHASE III, recorded in Plat Book 51, Page Florida, concave to the

75

the

or less.

of

Northeast and having a radius of 640.00 feet (chord bearing S.41 3425E. 216.00 feet) to a point of tangency; thence 5.50 4720"E. , ,"ee along said Southerly right—of-way to a point of feet along the arc of a curve concave to curvature; thence Southeasterly 39.93 the West and having a radius of 25.00 feet (chord bearing s.o5o153E., 35.22 feet) to a point of tangency; thence S.404333"W. , 97.22 feet along the Westerly right-of-way line of Sussex Way according to plat of VLLAGE XXIII OF CARROLLWOOD recorded -in Plat Book , Page VILLAGE, PHASE III , the Public Records of Hillsborough County, Florida, to a point of curvature; thence Southwesterly 39.27 feet along arc of a curve along said Westerly right—bf-way line concave to the North and having a radius of 25.00 feet (chord bearing S.254333"W., 35.36 feet thence 5.40 4333W., 9.00 feet; thence Southeasterly 39.27 feet along the arc of a curve along Westerly having a radius of said right—of—way line concave to the West and 25.00 feet (chord bearing S.04 16271. 35.36 feet) to a point of tangency; thence S,404333W., 70.00 feet along said right-of-way line to a point of curvature; l-/es.er/y thence the lorthwest and having a radius of 1062.94 feet Southwesterly 439.90 feet along the arc of a curve along said Westerly right-of-way line concave to bearing (chord S.52 436.80 to a point 40.47 feet along the arc of a curve along said 3055W., feet) of compound curvature; thence Northwesterly Westerly right-of—way line concave to the North and having a 3921W., 36.19 feet); thence 5.65 2758W., 50.0? radius of 25.00 feet (chord bearing N.69 feet; thence Southwesterly 38.40 feet along the arc of a curve along said Westerly right-of-way line coricove to the West and having a radius of 25.00 feet (chord bearing S.21 289.02 feet along the arc of a curve along 0253W., 34.73 feet) to a point of reverse curvature; thence Southwesterly .51 5114W., 226.49 feet) to a point of said Westerly right-of—way line concave to the Southeast and having a radius of 630.00 feet (chord bearing reverse curvature; thence Southwesterly 37.36 feet along the arc of a line concave to the North and having a curve along said Westerly right-of-way easterly 37.36 feet along the arc of a radius of 25.00 feet (chord bearing S.81 3420W., 33.98 feet); thence S.3423'0O"W., 50.00 feet; thence Southcurve along said Westerly right—of-way line concave to the West and having a radius of 25.00 feet (chord bearing .I2 48201., 33.98 feet) to a point of line concave to the Southeast and having areverse curvature- thence Southwesterly 328.34 feet along the arc of a curve along said Westerly right—of—way radius of 630.00 feet (chord bearing Southwesterly 37.36 5.150430W., 324.63 feet) to a point of reverse curvature; thence feet along the arc of a curve along said Westerly bearing 5.42 5720w., 33.98 right—of-way line concave to the Northwest and having a radius of 25.00 feet (chor feet); thence S.04 14001., 50.00 of-way feet; thence line Southeasterly concave 37.36 feet along the arc of a curve along said Westerly right to the Southwest and having a radius of 25.00 feet Southeasterly bearing S.51 25201., 33.93 feet) to a point of reverse curvature; thence 192.22 feet along the arc of a curve along said Westerly (chord right-of-way line concave to the Northeast and having a radius of 630.00 feet (chord bearing 5.17 21 fl8"E., 191.48 feet) to the Point of Beginning.

Containtng3.acres,more

:42U ?G1420 SUPPLEMENT TO

MSTER DCLARATION

_____

recorded a WHEREAS, u.s. Home Corporation, as the Declarant,

Master Declaration of Covenants, Conditions and Restrictions for Carroliwood village, Phase III in O.R. Book 3684, at page 294, Public Records of HilisborOugh County, Florida (herein together with all amendments thereof and supplements thereto collectively called the 'Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms' and provisions of the Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase Iii Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declatant, to add it to the land which is already subject to the terms and provisions of the Mester Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; and is part of the WHEREAS, the land described on attached Schedule 1 Master Declaration; land described on Exhibit C attached to the NOW, THEREFORE, U.S. Home Corporation, as the Declaraflt, pursuant to the terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all the Master Declaration, of the terms, conditions and provisions of the land described on attached Schedule 1 shall be included that NTTAX such within the term "Properties" as used in the Master Declarat.Ofl, and including —shall be subject to all terms and provisions th,ereof, thereof, and SUPTAX / provisions without limitation, the assessment and lienand authority of the also be subject to the jurisdiction without limitation, its Articles of Association, including DOCS Incorporation, Bylaws and Rules and Regulations.

/shall

_____

EC FE

"/

1 shall now and henceThe land described cr1 attached Schedule to the easements, restricforth be held, sold and conveyed subject tions, covenants and conditions of the Master Declaration hereby for the purpose of protecting imposed by this instrument, which are which, subject to the amendment the value and desirability of, and land and be binding on all parprovisions thereof, shall run with the therein, or any part thereof. ties having any right, title or interest representativesr successors and their respective heirs, personal assigns, and shall inure to the benefit of each Owner thereof. hereby certifies that u.s. Home Corporation, as the Declarant, Administration has been the prior written approval of the Veterans Supplement. Pursuant to the terms obtained to the recording of this no consent or approval of of Article VII of the Master Declaration, required to the recording of this any other person or party is Supplement. Lu

This instruirent prepared by;

HILLSOPOu Co.

BLAKELY, POPE, 3JKOR & RLJPPEL, P .A.

911 estnut Street Clearwater,

Fl

—I

CLEr CIROJir COURT

C)

RrCORD,NG DEPT

1Ed Astrong, Esq. / JOHNSON,

cC

JAMES F. TAy[p, TAMPA FL 335Qj

I-) C) C)

Zm Lu

cC I—)

C)

33516 Taylor Jr.

C)

ru Lu ---1 TTJ

C) ,c

Cl C) LII C) I-u Cl — C) ----Lu Lu I-C C)

—2-

4211 PCWI

IN WITNESS WHEREOF, the undersigned corporation has this Supplement to Master Declaration of Covenants, Conditions executed and Restrictions for Carrollwood Vil1ae PI3ase III by its duly authorized officers as of this3/,t. day of ale , 1983. Signed, sealed and delivered in he presence of:

/

"Declarant"

tJS HOME CORPOpTION

STATE OF FLORIDA )

COUNTY

OF HThBQu

I...

)

The foregoing instrument was acknowledged before me this 31st October day of , b3• LA. Beaucharip, Jr. Bill Daskarojis as Division ______ President and D1viio Secretary, respectively, of U.S. Home Corporation, on behalf of the corporation.

No ary ublic, State of Florida at Lági My commission expires

PLJhUC,

:4.11 14Z2

VILLAGE XXII, UNIT 1 OF CARROLLW000 VILLAGE, PHASE III Sections 5 & 6, Township 28 South, Range 18 East, Hillsborough County, Florida

DESCRIPTION:

A parcel of land lying in the West 1/2 of Section 5 and the East 1/2 of Section 6, Township 28 South, Range 18 East, Hilisborough County, Florida, and being more particularly described as follows: From the Southeast corner of Section 6, Township 28 South, Range 18 East, Hilisborough County, Florida, run thence S. 8905533UW., 144. 80 feet along the South boundary of said Section 6; thence N. 25°43'43'W. , 910.69 feet to a point on a curve; thence Westerly, 95.30 feet along the arc of a curve to the right, having a radius of 350.00 feet bearing N. 77°23' 20W. 95.00 feet); thence N.20°1q'40'E. 60.00 feet(chord to the Point of Beginning; thence N. 69°45'20"W 224.54 feet along the Northerly right-of-way line of Sussex Way, according to the plat of VILLAGE XX OF CARROLLWOOD VILLAGE, PHASE III, as recorded in Plat Book 52, Page 8, of the Public Records of Hillsborouch County, Florida; thence N. 12°37' 59"E., 305.00 feet; thence S.77°22'ol"E 130.00 feet; thence N.12°37'sg"E., 29.02 feet;

S.77°22ol'E.,

180.00 feet; thence N.54°16'49"E., 53.83

thence

feet; thence N.07° feet; thence N.13°24'sBE., 85.06 feet; thence N.65°48'Og" E. , to a point on a curve; thence Northwesterly, 10.35 feet along the arc of a curve to the left, having a radius of 50.00 feet and a central angle of 1105149 (chord bearing N. 30°07'46'W. , 10.33 feet) to a point of tangency; thence N.36°03'ql'W., 6.81 feet; thence.N.53°56'ly"E 13'45'E.

321.21 131.75 feet

180.00 feet; thence S.36°o3'41'E., 121.27 feet; thence S.78°38'27"E., 20.54 feet to a point on the West right-of-way line of the Westerly

Sussex Way; thence along

and Northerly right-of-way line of said Sussex Way the follow (1) Southerly, 504. 83 feet along the arc of a curve to the left, having a radius of 2112. 57 feet and a central angle of 13°41' 30' (chord bearing 5.04°30'48'W. , 503.63 feet) to a point of reverse curvature; (2) Southwesterly, 338.76 feet along the arc of a curve to the right, having a radius of 270.00 feet and a central angle of 71°53' 1 1' (chord bearing S. 330 36 38W., 316.97 feet) to a point of tangency; (3) S. 69°33' 1 4"W.. 213.46 feet to a point of curvature; (4) Westerly, 205.95 feet alth2(the arc of a curve to the right having a radius of 290 00 feet and a centra' angle of 40°141'26 (chord bearing S89°5357'W 201 65 feet) to ing four (4) courses:

Containinq 9. 37 acres, more or less.

V'\s. Z2LJi

(5

2 -

4II 1A14

SUPPLEMENT TO

AND RESTRICTIONS FOR CARROLLWOOD VILLAGE, PHASE III

MASTER DECLARATION OF COVENANTS, CONDIT

WHEREAS, U.S. Home Corporation, as the Declarant, recoided a Master Declaration of Covenants, Condition and Restrictions for Carrollwood village, Phase III in O.R. Book 3684, at page 294, Public Records of Hillsborough County, Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration"), such Master Declaration being incorporated herein by reference; and WHEREAS, Article VII of the Master Declaration provides a means by which land described on Exhibit C to the Master Declaration can, from time to time, be made subject to the terms and provisions of the Master Declaration, and to the jurisdiction and authority of the Carroliwood Village Phase III Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; and WHEREAS, U.S. Home Corporation is the owner in fee simple of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Association, all pursuant to the terms of Article VII of the Master Declaration; /

ard

is part of the WHEREAS, the land described on attached Schedule 1 land described on Exhibit C attached to the Master Declaration;

NOW, THEREFORE, U.S. Home Corporation, as the Declararit, pursuant to,the terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall hencebound and encumbered by all forth be, and hereby is, made subject to, of the Master Declaration, of the terms, conditions and provisions Schedule 1 shall be included such that the land described on attached within the term "Properties" as used in the Master Declaration, and thereof, including —shall be subject to all terms and provisions provisions thereof, and NTTAX limitation, the assessment and lien without and authority of the subject to the jurisdiction / shall also be including __________ without limitation, its Articles of Association, Incorporation, Bylaws and Rules and Regulations. URTAX/ _________ OC STA Schedule 1 shall now aid hence— The land described on attached to the easements, restric— forth be held, sold and conveyed subject ECFEE Master Declaration hereby covenants and conditions of the tions, this instrument, which are for the purpose of protecting /3i) imposed by

and which, subject to the vnendmeflt the value and desirability of, the land and be binding on all ar provisions thereof, shall run with interest therein, or any part thereof ties having any right, title or successors and representatives _____ their respective heirs, personalbenefit of each Owner thereof. assigns, and shall inure to the Declarant, hereby certifies that u.s. Home Corporationi as the Veterans Administration has been the prior written approval of the Supplement. Pursuant to the terms obtained to the recording of this Declaration, no consent or a:proval of of Article VII of the Master of :his any other person or party is required to the recording — Supplement.

CCNUM

01

JAMES F. TAYLOR, JR.'

This inztrurtnt prepared by;

CLERK CIRCUIT COURT

D ru

RECORDING DEPT.

HILLSBOROUGfI CO. TAMPA, FL 38001

Esq. 1Ed Axmstrong, & RUPPEL, P.A. JOHNSON, BLAKELY, POPE, POKOR Street Chestnut 911 /

/

V Clearwate', Fl

01

C) )

33516

Record Verified

James F. Taylor Jr. luilc of Circuit Co rt By

00 i-u

(1

0 0 01

01

00c 01 0— 0E 0001 010

— L

01.01—

•

DpputyCfest

010

0

010101

•

L42ll 1415

IN WITNESS WHEREOF, the undersigned corporation has this Supplement to Master Declaration of Covenants, Conditions executed and Restrictions for Carroliwood Vil1ae Phase III by its duly authorized officers as of this3/ day of Signed, sealed and delivered in the presence of:

, 1983.

"Declarant" U.S. HOME CORPORATION

Attest:

STATE OF FLORIDA COUNTY OF HflLSBO1UGH

)

The foregoing instrument was acknowledged before me th day of October , 19 83 by I. A. Beauchanp, Jr. Bill Daskaroljs

aTTvisi

31st

President and i'Tscn

Secretary, respectively, of U.S. Home Corporation, cnjeha1f of•• the corporation. •',

115 r

Public, State of Florida at

SfJorc trr ° tSCOpExj

Noth,y Public

My commission expires: My

:4211 c1Aj VILLAGE XXII OF CARROLLWOOD VILLAGE, PHASE Ill, UNIT 2

DESCRIPTION: A parcel of land lying in the West 1/2 of Section 5 and the East 1/2 of Section 6, Township 28 South, Range 18 East, Hillsborough County, Florida, and being more particularly described as follows: From the Southeast corner of Section 6, Township 28 South, Range 18 East, I-lillsborough County, Florida, run thence S.89°55'33"W., 144.80 feet along the South boundary of said Section 6; thence N.25°43'43"W., 910.69 feet to a point on a curve; thence Westerly, 95.30 feet along the arc of a curve concave to the North and having a radius of 350.00 feet (chord bearing N.77°23'20"W., 95.00 feet); thence N.20°14'40"E., 60.00 fet to a point on the Northerly right-of-way line of Sussex Way, according to the plat of VILLAGE XX OF CARROLLWOOD VILLAGE, PHASE Ill, as recorded In PIat Book 52, Page 8, of the Public Records of Hilisborough County, Florida; thence N.69°45'20W., 224.54 feet along said Northerly right—of—way line; thence N.12°37'59"E.., 305.00 feet to the Point of Beginning; thence continue N.12°37'59"E., 858.11 feet; thence N.52°59'12"E., 392.00 feet to a point on a curve; thence Southeasterly, 54.70 feet along the arc of a curve to the left, having a radius of 390.00 feet and a central angle of 08°02'lO" (chord bearing S.41°01'53"E., 54.66 feet) along the Southerly right—of-way line of West Village Drive, according to the plat of VILLAGE XIV OF CARROLLWOOD VILLAGE, PHASE Ill, as recorded in Plat Book 51, Page 75, of the Public Records of Hillsborough County, Florida; thence S.45°02'58"E., 200.00 feet along said Southerly right-of-way line to a point of curvature; thence South-

easterly, 163.07 feet along the arc of a curve to the left, having a radius of 390.00 feet and a central angle of 23°57'25" (chord bearing S. 57°01'40"E., 161.88 feet) to a point of reverse curvature; thence Southeasterly, 35.63 feet along the arc of a curve to the-rIght, having a radius of 25.00 feet and a central angle of 81°39'32" (chord bearing S.28°10'37"E., 32.69 feet) to a point of tangency; thence S.12°39'09"W., 268.09 feet along the Westerly right-of-way line of Sussex Way to a point of curvature; thence Southerly, 47.69 feet along the arc of a curve to the left, having a radius of 2112.57 feet and a central angle of 01°17'36" (chord bearing S.12°00'21"W., 47.69 feet); thence N.78°38'27'1W., 20.54 feet; thence N.36°03'41"W., 121.27 feet; thence S.53°56'19"W., 180.00 feet; thence S.36°03'41"E., 6.81 feet to a point of curvature; thence Southeasterly, 10.35 feet along the arc of a curve to the right, having a radius of 50.00 feet and a central angle of 11°5Vti9" (chord bearing S.30°07'46"E., 10.33 feet); thence S.65°48'08"W., 131.75 feet; thence S.13°24'58"W., 85.06 feet; thence S.07013A451W., 321.Z1

feet; thence S.54°16'49"W., 53.83 feet; thence N.77°22'Ol"W., 180.00 feet; thence S.12°37'59"W., 29.02 feet; thence N.77°22'Ol"W., 130.00 feet to tht Point of Beginning.

Containing 10.58 acres,

more or less.

US—C22—83--1 00

RP:nk

June 8, 1983

23 32Zfl'

4211 ?61417

SUPPLEMENT TO

MASTER ECLRhTION O' CO?JhS,

CO I.OS 1X

WHEREAS, U.S Home Corporation, as the Declarant, recorred a Master Declaration of Covenants Conditions and Restrictions for carroliwood village, Phase iii i O.R. Book 3684, at Records of Hillsborough County, page 294, Public Florida (herein together with all amendments thereof and supplements thereto collectively called the "Master Declaration") such Master Declaration being incorporated herein by reference; and

WHEREAS, Article vii of the Master Declaration provides a means by which land described on Exhibit C to the Mister Declaration from time to time, be made subject to the terms and provisions can, of the Master Declaration, and to the jurisdiction and authority of the Carrollwood Village Phase III Homeowners Association, Inc. (the "Association") by the Declarant recording a Supplement to the Master Declaration for such Exhibit C land, or any part thereof; aid

WHEREAS, U.S. Home Corporation is the owner in fee simole of the land described on Schedule 1 attached hereto and incorporated herein by reference, and wishes, as the Declarant, to add it to the land which is already subject to the terms and provisions of the Master Declaration and to the jurisdiction and authority of the Aasociation, all pursuant to the terms of Article VII of the Master Declaration; ard WHEREAS, the land described on attached Schedule 1 is part of the land described on Exhibit C attached to the Master Declaration;

fl TAX

/

c TP FEE

/ :3 (_ r4Uk

UE

-

/

:)2/'

OjçK

NOW, THEREFORE, U.S. Home Corporation, as the Dec1arart, pursuant tothe terms of Article VII of the Master Declaration, does hereby declare that the land described on attached Schedule 1 shall henceforth be, and hereby is, made subject to, bound and encumbered by all of the terms, conditions and provisions of the Master Declaration, such that the land described on attached Schedule 1 shall be included within the term "Properties" as used in the Master Declaration, and shall be subject to all terms and provisions thereof, inclding without limitation, the assessment and lien provisions thereof, and shall also be subject to the jurisdiction and authority of the Association, including without limitation, its Articles of Incorporation, Bylaws and Rules and Regulations. The land described on attached Schedule 1 shall now and henceforth be held, sold and conveyed subject to the easements restrictions, covenants and conditions of the Master Declaration hereby imposed by this instrument, which are for the purpose of protecting the value and desirability of, and which, subject to the amendment provisions thereof, shall run with the land and be binding on all parties having any right, title or interest therein, or any part thereof their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof, U.S. Home Corporation, as the Declarant, hereby certifies that the prior written approval of the Veterans Administration has been obtained to the recording of this Supplement. Pursuant to the terms of Article VII of the Master Declaration, no consent or approval of any other person or party is required to the recording of this Supplement. This instrunent

LJ

prepared ta':

03

JAMES F. TAYLOR, JR

-"a

CLERK crnCUIT COURT RECORDING DEFT,

Ed Armstrong, Esq. I JOHNSON, I

BLAKBLY, POPE, POKOR

& PIJPPEL, P.A,

HILLSBOROUGH CO. TAMPA. FL 33601

911 Chestnut Street

Clearwater, Fl

33516

Record

Ver5ej

James F. laylor Jr.

m rnD Or, D

ID :1, tO

1

D Di

OW.

E.

"E.

E. E.

'w. "W.

"W. W. "W. 'W.

flW.

"W.

'W.

W.

"W. "E. "W. "W. "W. 'W. "W. W. 'W. 'W. "W. "W.

'W.

"W.

"E. "E. "W.

'E.

'E. "W.

"E. E.

E.

"E.

,

I

VILLAGE XXIII OF CARROLLWOOD VILLAGE, PHASE

195/,

III

Larry

NEIOT

?fu-P''ay,

No.

—,--, __7_7_ ___________ Florida Registered Land Surveyor 2284

ASSOCIATES, INC.

A.

&

certify that the within plat was drawn from survey made under my supervision on that said plat is a correct representation of the land platted and that survey complies with all the requirements of Chapter 177 of the Florida Statutes and that (P.R.M.s) Permanent Reference Monuments have been set.

March

SURVEYORS CERTIFICATE:

'

Containing 28.38 Acres, more or less.

DESCRIPTION: From the Southeast corner of Section 6, Township 28 South, Range 18 East, Hillsborough County, Florida; run thence S.89°55'33W., 144.80 feet along the South boundary of said Section 6; thence N.25°4343"W., 910.69 feet to a point on a curve; thence Westerly, 95.30 feet along the arc of a curve concave to the North and having a radius of 350.00 feet (chord bearing N.77°3320"W., 95.00 feet); thence N.20°1440E., 60.00 feet; thence N.69°45'20'W., 224.54 feet to the Point of Beginning; thence N.69°45'20'W., 144.00 feet to the Northerly right-of—way line of Sussex Way, according to the plat of VILLAGE XX, Unit 1 of CARROLLWOOD VILLAGE as recorded in Plat Book 52, Page 8, of the Public Records of Hjlls-.,c borough County, Florida, to a point of curvature; thence Northwesterly, 178.28 feet along the arc of a curve concave to the Northeast and having a radius of 670.00 feet (chord bearing N.62°07'57"W., 177.76 feet) along said VILLAGE XX, Unit 1 of CARROLLWOOD VILLAGE, to a point of tangency; thence N.54°30'34"W., 225.67 feet in part along said VILLAGE XX, Unit 1 of CARROLLW000 VILLAGE, to a point of curvature; thence Northwesterly, 282.69 feet along the arc of a curve concave to the Northeast and having a radius of 570.00 feet (chord bearing N.40°18'05"W., 279.81 feet: thence S.63°5424W., 60.00 feet to a point on a curve; thence Northwesterly, 192.22 feet along the arc of a curve concave to the Northeast and having a radius of 630.00 feet (chord bearing N.17°21'OS"W., 191.48 feet) to a point of reverse curvature;thence Northwesterly, 37.36 feet along the arc of a curve concave to the Southwest and having a radius of 25.00 feet (chord bearing N.51025120uW., 33.98 feet); thence N.04°14'OO"W., 50.00 feet; t_. thence Northeasterly, 37.36 feet along the arc of a curv.concave to the Northwest and having a radius of 25.00 feet (chord bearing N.42°57'20E., 33.98 feet)-to a point of reverse curvature; thence Northeasterly, 328.34 feet along the arc of a curve concave to the Southeast and having a radius of 630.00 feet (chord bearing N.15°04'30"E., 324.63 feet) to a point of reverse curvature; thence Northwesterly, 37.36 feet along the arc of a curve concave to the Southwest and having a radius of 25.00 feet (chord bearing N.12°48'20"W., 33.98 feet); thence N.34°23'OO"E., 50.00 feet; thence Northeasterly, 37.36 feet along the arc of a curve concave to the Northwest and having a radius of 25.00 feet (chord bearing N.81°3420'E., 33.98 feet) to a point of reverse curvature; thence Northeasterly, 289.02 feet along the arc of a curve concave to the Southeast and having a radius of 630.00 feet (chord bearing N.51°54'14'E., 286.49 feet) to a point of reverse curvature; thence Northeasterly, 38.40 feet along the arc of a curve concave to the Northwest and having a radius of 25.00 feet (chord bearing N.21°02'53"E., 34.73 feet); thence N.65°2758E., 50.02 feet; thence Southeasterly, 40.47 feet along the arc of a curve concave to the Northeast and having a radius of 25.00 feet (chord bearing S.69°19'21"E., 36.19 feet) to a point of compound curvature; thence Northeasterly, 439.90 feet along the arc of a curve concave to the Northwest and having a radius of 1068,94 feet (chord bearing N.5203O55xE., 436.80 feet) to a point of tangency; thence N.40°43'33"E., 70.00 feet to a point of curvature; thence Northwesterly, 39.27 feet along the arc of a curve concave to the Southwest and having a radius of 25.00 feet (chord bearing N.04°16'27"W., 35.36 feet); thence N.40°43'33"E., 50.00 feet; thence Easterly, 39.27 feet along the arc of a curve concave to the Northerly and having a radius of 25.00 feet (chord bearing N.85°4333E., 35.36 feet) to a point of tangency; thence N.4O°43'33"E., 97.22 feet to a point of curvature; thence Northerly, 39.93 feet along the arc of a curve concave to the West and having a radius of 25.00 feet (chord bearing N.05°O1'53"W., 35.82 feet); thence S.50°47'20"E., 268.74 feet to a point of curvature; thence Southeasterly, 176.72 feet along the arc of a curve concave to the Southwest and having a radius of 260.00 feet (chord bearing S.31°1903E., 173.33 feet) to a point of reverse curvature; thence Southeasterly, 171.31 feet along the arc of a curve concave to the Northeast and having a radius of 390.00 feet (chord bearing S.24°25'47E., 169.93 feet); thence S.52°59'12'W., 392.00 feet; thence S.12°3759"W., 1163.11 feet to the Point of Beginning.

-

-

:411 141

IN WITNESS WHEREOF, the undersigned corporatjo has Supplement to Master exacuted this Declaration of Covenants, Conditions and Restrictions for CarrOllwood Vill Iii y its duly authorized off icers as of this J/a-r day 1983.

Signed, sealed and delivered in the presence

"Declarant" U.S. HOME CORPORATION

By Division Attest:

STATE OF FLORIDA COUNTY OF

p

de

Dvi 0'"ee

)

ry

-

SHJHOUGH

-

-

-

The foregoing instrument was acknowledged before inc t'3lst day , 19 83 by I. A. Beauchanp, Jr. and Bill Daskaroljs a?Tvjsion ______ President and Division Secretary, respectively, of U.S. Home Corporation, on behalf of. the corporation.

of oj

No r Public, State of Florida atLaq -:;E M

ommission

NotaY PL' expires: ________________

j / IJ &3-ii4

I//b 1LAc

DECLAflATION OF RESTRICTIONS

1L829 J35

CARROLLWOOD VILLAGE, PHASE III, VILLAGE X, UNIT I

Home Corporation, a KNOW ALL MEN BY THESE PRESENTS that U.S. being the owner in fee simple of Delaware corporation ("Developer") X, Unit I (the all of CarrollWOOd Village, Phase III, Villagethereof as recorded in "Subdivision"), according to the map or plat of the Public Records of 29 Plat Book 52 , at page HjllsbOrough County (the "Plat"), does hereby declare that the to the restrictions as Subdivision and all lots therein are subject which shall be deemed to be described below (the "Restrictions"), covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision. ARTICLE I USE RESTRICTIONS

I

1. Residential_Use.

_____i ______

and described as resiAll of the Subdivision shall be known dential property and no more than one detached, single—family dwelling may be constructed on any lot as shown in the Subdivision, except that more than one lot may be used for one shall apply to dwelling, in which event all Restrictionssubject to the easesuch lots as if they were a single lot, paragraph 3 indicated on the Plat, or as reserved in ments of this Article.

No dwelling shall have a total floor area of less than fifteen area, open (1500) square feet, exclusive of screened dwellings shall have 1 ç--— hundred terraces, patios and garages. All ____• porches, for the purposes of at least two (2) inside baths. A "bath", these Restrictions, shall be deemed to be a room containing at shower or tub, and a toilet and wash basin. All least one (1) LJ shall have at least a two (2) car garage, which may be dwellings ZJ attached to and made part of the dwelling. No dwelling shall have aluminum siding. All dwellings shall be constructed with concrete dwelling thereon, each JL or asphalt driveways. Upon completionof alawns, Each dwelling lot shall have sodded front, side and rear shall have a shrubbery planting in front of the dwelling.

3. Easements.

•

Easements for the installation and maintenance of utilities and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown on the Plat. Neither the easement rights reserved pursuant to this paragraph, nor as shown on the Plat, however, shall impose any obligation on Developer to maintain such easement utilities or improveareas, or to install or maintain the ments that may be located on, in or under such easements, or which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of the easefacilities, or which ment areas or any utilities or drainage obstruct or retard the may change the direction of flow or flow of water through drainage channels in any easement areas. The easement areas of each lot as shown on the Plat, This instrument prepared by and to be returned to: Randy 3. Morell, Esq. SOROTA AND ZSCHAU, 2515 Countryside Blvd., Suite A Clearwater, Florida 33515

3829 936 and all improvements in such easement areas, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainage shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in such easement areas, including slope control areas. 4. Use of Accessory Structures. No tent, shack, barn, utility shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, temporary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision.

5. Commercial Uses and Nuisances. Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, including the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivision with completed residences thereon, may maintain furnished model homes in the Subdivision.

6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall allow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that rio more than a total of two pets may be kept on any lot. All pets shall be on a leash when outside of the owner's lot.

7. Fences, Walls and Hedges. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line," "Side Street Line," "Front Dwelling Line" and "Side Dwelling Line" are as used and shown by illustration on attached Exhibit A. —2—

3829ro

8. Vehicles.

937

No vehicle shall be parked in the Subdivision except on a paved street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may be parked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view. -

9. Storage. No lot shall be used for the storage of rubbish. Trash,

garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Hanging and Antennas.

Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from a road or street in the Subdivision or bordering it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. cypress Trees.

After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as nearly as practicable in a natural state, and not altered or removed by the owner except as permitted by the governmental authority having jurisdiction. 12. Street Lighting.

In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lighting service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall be removed within ten (10) days of commencement of such door postal servite.

14. Wells. Except with the prior written approval and permission of the Homeowners Association (as defined in Paragraph 17 hereof), and of all governmental agencies. having jurisdiction, no well shall be sunk or drilled on any lot. Approval by the Homeowners Association may be withheld in its sole discretion, or made subject to such limitations or conditions as it determines appropriate or necessary. Notwithstanding, Developer reserves the right, but without obligation, to place or locate wells, pumping stations and tanks on Tract A within the Subdivision. —3—

L38?9 938

15. Lot Up!p.

All owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an owner shall fail to maintain his lot as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be obligated, to so maintain the lot and owner thereof shall reimburse developer for actual costs incurred therewith upon demand. 16. Signs.

No signs shall be displayed with the exception of a maximum of one (1) "For Sale" or "For Rent" sign upon each lot not exceeding 24" x 30". Notwithstanding anything to the (i) Developer, its successors or assigns, contrary herein: shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on any lot; and (ii) any residential developers permitted to maintain model homes pursuant to paragraph 5 may maintain signs in connection therewith as permitted by Developer. 17. Architectural Control.

Following the completion of the initial residential dwelling upon a lot and its conveyance to a purchaser, no further changes, alterations, additions, reconstruction or replacement of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevation thereof (the "Plans") shall have been submitted to and approved in writing by Developer, its successors or designated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified or registered mail, return receipt requested, at 8019 North Himes, Suite 200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assign may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carrollwood Village phase III Homeowners Association, Inc., a Florida not—for—profit corporation (the "Homeowners Association"), its successors and assigns. Nothing contained in this Paragraph shall require approval of the initial residential dwelling constructed upon a lot.

18. Boundary Wall.

If Developer constructs a wall or fence ("Boundary Wall") adjacent to the right of way of Barrington Drive and abutting or located on the property lines of Lots 1, 2 and 3, Block 1, and Lots 1, 2, 3, 5 and 6, Block 3, the Homeowners Association shall maintain and repair at its expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respective lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that the Boundary Wall may be only partially and not wholly on the lot. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall. Similarly,-no lot owner shall be permitted to add, attach or fix any object or thing, or in any way

—4—

:3829r& 939 damage or impair the interior surface or top of such Boundary Wall. If any lot owner shall fail to under—take any maintenance, repair or replacement as required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days written notice.

19. Tract A.

Tract A as shown on the Plat shall be conveyed by Developer to the Homeowners Association, and shall be subject to the rules and regulations thereof, as well as the terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III as recorded in O.R. Book 3684, at page 294, Public Records of Hillsborough County, Florida (herein, together with all amendments thereof now or hereafter made, called the "Master Declaration"). No swimming, bathing or boating shall be permitted in any retention area located on Tract A. Neither Developer, the Homeowners Association nor any other party shall be obligated to sod or alter the natural state of Tract A, or any portion thereof. 20. Amendments and Modifications by Developer.

Notwithstanding any provisions of these Restrictions to the contrary, Developer, its successors and designated assigns, reserves the right and authority, subject to Veterans Administration or Federal Housing Administration approval (which approval need not be evidenced of public record), for a period of three (3) years from the date of recording of these Restrictions to amend, modify, in whole or in part, or grant exceptions or variances from any of the Use Restrictions set forth in Article I of these Restrictions without notice to or approval by other lot owners of the Subdivision. ARTICLE II

MISCELLANEOUS

1. Term and Amendment. These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing, signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records of HillsbOrOUgh County, Florida, which instrument may alter or rescind these Restrictions, lfl whole or in part. Subject to the provisions of Paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdivision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such owner took title to his lot if the construction of such structure, wall or fence commenced within ninety (90) days of his taking title.

2, Enforcement, If any person, firm or corporation, or their respective heirs, personal representatives, successors or assigns

—5—

di382Y Y4U shall violate ot attempt to violate any of these Restrictions it shall he the right of Developer or any other person or per sons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to recover damages, and if such person is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorneyus fees including those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not he obligated to enforce these Restrictions and shall not inany way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall in no event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit or license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions. 3 Homeowners Association. All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owner's lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby.

4. Severability. Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate seal, by a duly authorize officer, and has executed the same on this '2,o day of ___________________,

l9jj.

Signed,

sealed and delivered in the presence of:

U.S. HOME CORPORATION

By____________________________

A Pn

At te

/

s

Division

Secretary

(CORPORATE SEAL) ,

-

c:.I: .jifl STATE OF FLORID7

,

COUNTY

'?

)

OF _______________

) )

SS:

l'-ç;•

I hereby cetify that on this day personally appeared before —6—

:3829 941

g4ëJ

me, an officer duly authorized to administer oaths and take , to me acknowledgements, 5Tet)e7i well known and known to me to be the individual described in and who executed the foregoing Declaration of Restrictions as a Division _____President of the above named U.S. HOME CORPORATION, and acknowledged to and before me that he executed such instrument President of the corporation by due and reguas such Division lar corporate authority, and that said instrument is the free act and deed of the corporation. WITNESS

my hand and official seal at 724— State of Florida, this

County of ___________ ________ day of ___________________,

.u

_____

l9/.

-

Notary

;31y..

Public, State of Flori4áL4rL.

at Large

My commission expires:

—7—

'I.-

;'-

{p:ej

i:IL.O

flciru

EXHIBIT A

DEAa YAQD SIDE- 'i&A 170 LaNE-

J 4L

N

'a)

w

--<

Ut

I DWELIIFJG

U) lU

0 If)

FRONT STREET S

I

: 551$

.

387

CERTIFICATE OF AMENDMENT C,.

TO THE DECLARATION OF RESTRICTIONS OF

CARROLLWOOD VILLAGE PHASE III, VILLAGE X C'S

WE HEREBY CERTIFY THAT the attached amendment to the Declaration of Restriction of Carroliwood Village Phase III, Village X, as described in OR Book 3829 at Page 935, of the

0',)

Records of Hilisborough County, Florida, respectively, was duly adopted in the manner provided in the respective Declaration of Restriction.

7'

p? Florida.

4Z

WITNESS WHEREOF, we have affixed our hands and seals this day of ________________, 1988, at Hillsborough County,

on

CARROLLWOOD VILLAGE PHASE III HOMEOWNERS ASSOCIATION, INC (SEAL)

C) c3'3

STATE OF FLORIDA

)

ss

COUNTY OF HILLSBOROtJGH -JU.-i On this _______ day of , 1988, personally appeared Linda Churchill, Presiden1, and Susan Borgo, Secretary, and acknowledge that they executed the foregoing Certificate of Amendment for the purpose therein expressed.

WITNESSETH my hand and seal the day and year last above written.

//'j ,(-i

Ndtary

Public

My Commission Expires MY COMM 0510K EX'R5 J5. 2,

EIONDED TORN NOTARY PUNLIC Ut)ORWRrpNR

R{CI-#ARD A CLE OF Ciflfu;i COLjf HILLSSOROU;Io.Lf6/

LAW OFFICES BECKER, POLIAKOFF & STREITFELD, PA, o BARNETT BANK PLAZA 0 1150 CLEVELAND STREET N SUITE 120 N CLEARWAIER, FL 34015 TELEPHONE (813) 443-3781

: 5516 h 388 ADOPTED AMENDMENT TO THE

DECL1.RATION OF RESTRICTIONS CAIIROLLWOOD VILLAGE PHASE III, VILLAGE X BUCKINGHAM Additions indicated by underlining. Deletions indicated by striking through. Article I.

Fences, walls and Section 7. Fences, Walls and hedges. hadges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials.

No fence, wall or hedge may be constructed or

maintained between a Front Street Line and the Front Dwelling Line

or, in the case of corner lots, between a Side Street Line and a

line 15' feet in from and parallel to the Side Street Line. Provided,

however, that a decorative wall or entrance forward of

the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at

the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line", 'Side Street Line',

"Front Dwelling Line" end "Side Dwelling Line" are as used

and shown by illustration Fances,

on attached Exhibit A. as amended. walls, and hedges must also conform to existing County

Ordinances/regulations. ADOPTED AMENDMENT TO

EXHIBIT A OF THE DECLARATION OF RESTRICTIONS CARROLLWOOD VILLAGE PHASE III, VILLAGE X BUCKIUGHAM

EXHIBIT A

lAJ

IC En

E/I

(

,SIII IIIIIII.I\.IIIIi4hII

I AW OFFICES I El IPIIONE 18151 W-I78

: 5516 r 388 ADOPTED AMENDMENT TO THE DECLARATION OF RESTRICTIONS CARROLLWOOD VILLAGE PHASE III, VILLAGE X BUCKINGHAM Additions indicated by underlining. Deletions indicated by striking through. Article I.

Fences, walls and Section 7. Fences, Walls and Hedges. hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or

maintained between a Front Street Line and the Front Dwelling Line

or,

in the case of corner lots, between a Side Street Line and a

line 15' feet in from and parallel to the Side Street Line. Provided, however, that a decorative wall or entrance forward of

the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at

the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line", "Side Street Line", "Front Dwelling Line" and "Side Dwelling Line" are as used

and shown by illustration on attached Exhibit A, as amended. Fences, walls, and hedges must also conform to existing County Ordinances/regulations.

ADOPTED AMENDMENT TO EXHIBIT A OF THE DECLARATION OF RESTRICTIONS CARROLLWOOD VILLAGE PHASE III, VILLAGE X BUCKINGHAM

EXHIBIT A

111

J) 10

0 1/)

(

LAW OFFICES BECKER, POLIAKOFF & STREITFELD, PA., BARNETF BANK PLAZA, 1150 CLEVELAND STREET, SUITE 420 CLEAR WATER 34615-6933

OIF.A')r.a

Ctii 7a'-jECL±.JULk PC! ',

CODES

UME

DEED RESTRICTIONS AND EASEMENTS FOR CYPRESS

365 CHPG

UNITED MERIT COMMUNITIES, a Florida General Partnership

&.'RTAX

("Developer"), as Owner of certain real property in Hilisborough county, Florida, 'being developed for residential purposes, which property is described in Exhibit "A" (the Land) attached hereto

made a part hereof, hereby files this Declaration of Restrictions SOC.

STA!!P

,

__________

ji

Easements which shall run with the Land and be conditions of use ad occupancy. This Declaration is filed pursuant to a general plan nf development applicable with uniformity to the Land for the purpose of

enabling and establishment and maintenance of an exclusive residential area of the highest quality for the maximum benefit

and

'4—" enjoyment of its residents. Developer, for itself, its successorc OTALDUL and assigns, hereby declares the restrictions herein contained to be _'_//7 applicable to all lots presently and hereafter shown on any plat

rc.

c4

within the boundaries of the Land. The provisions of this Declaration shall remain in force for thirty (30) years from the date hereof. It shall also remain in force for ten (10) y2ars thereafter, unless owners of two.-thirds of the lots affected hereby file, at any time after the expiration of thirty (30) years from the date hereof, a notice of termination of these restrictions and

filing

easements. 1.

Definitions:

The word "lot" as used herein shall refer to any lot reflected on any plat. The word "plat" herein used shall mean any recorded subdivision plat or plats of the Land or any part thereof.

word "Project" shall mean the Land and all improvements now located thereon or which may at any time hereafter be constructed thereon. The

2.

Review of Plans and Specifications by Review Coninittee

a. For the purpose of further insuring the development of the Land as a residential area of high quality and stahdards and in order that all improvements on each lot shall present an attractive and pleasing appearance frc*n all sides, there shall be an Architectural Review Ccmznittee (the "Review CEittee"), The Review Coe,nittee thall be ccnposed of three (3) persons to be appointed from time to time by the Developer. The Review Cxznittee shall review plans and specifications for any and all improvements upon any portion of the Land, Wnen one hundred percent (100%) of the lots in

the Project have homes completed thereon and are occupied, the Review Comiittee

will

cease to exist.

b. The Review Coninittee is hereby wanted the exclusive and discretion, which shall not be abused or exercised in arbitrary fashion, to approve or disapprove the design (including materials), location, construction, color end size of all of the buildings, structures end other improvements on each lot in the manner arid to the extent set forth herein, , This ins tnent was prepared by: authority

-

jAMES F. TAYLOR, J

cz crncurr cotmT RECODNG DEPT, 1U.SDOROUeH TMPA. FL 335)1

,

The Merit Group, Inc. -

4828

Armenia

Florida 33603

'ft4354 c1755 No residence or other building and no building and no fence, hedge, mailbox, wall, utility area, driveway, swinining pool or other structure or improvement, regardless of size or purpose, whether attached to or detached from the main residence, shall be

street

placed, erected or allowed to remain on any lot, nor shall addition to or exterior change or alteration, including

cxnenced, any

demolition or removal in whole or part, thereto be made, unless and

until

building plans and specifications respecting same have been to and approved in writing by the Review Cirnittee.. Said plans and specifications shall show the nature, shape, height, size, materials, floor plans, exterior color schemes location and orientation of the proposed improvements and shall show the lot square footage, construction schedule, front, side and rear elevations, and such other information as the Review coninittee shall require (including, if so required, plans for the grading and landscaping the lot showing any changes proposed to be made elevation or surface contours of the Land).. All architectural, remodeling and landscaping plans sutnitted to the Review Conmittee be accompanied by site plans which show the siting of homes on each side of the proposed improvement, The Review CQlrnittee is hereby empowered to refuse approval of' any building plans and specifications and/or lot grading and landscaping plans which reflect improvements which are not suitable or desirable in the reasonable judgment of a majority of the Coninittee for any specific reason or reasons, including purely aesthetic reasons. In the event the Review Cxrnittee rejects such plans and specifications as sunitted the Review Cc*iinittee shall so inform the property owner in writing stating with reasonable detail the reason(s) for disapproval and the Review Ccmmiittee's recnendation to remedy same if (in the sole judgment of' the Review Coninittee) a satisfactory remedy is possible. In passing upon such building plans and specificat.bnsfld grading and landscaping plans the Review Comnittee may take into consideration the suitability dnd desirability of proposed constructions and of' the aterials of whIch the same are proposed to

suIxiitted

of

in the

shall

lot

built to the building plot where It is proposed to erect the same, the quality of the prc'osed wor1anship and materials, the harmony of external design with the surrounding neighborhood and existing structures- therein, and the effect and appearance of such constructions as viewed from neighboring properties.. In addition, there Shall be sunItted to the Review Cnittee for approval such samples of' building materials proposed to be used as the Review be

Connittee may specify and require..

—

a—

d. As a prerequisite to consideration for approval and (2) complete sets of prior to beginning the contemplated work, two to the Review Comnittee. plans and specifications must be submitted shall be started and Upon Review Gaiiriittee approval, construction strict conformity with such

prosecuted to completion promptly and in

ccinittee shall be entitled to plans and specifications' The Review restrictions or of the stop any construction in violation of these such exterior addition to or approved

plans and specifications.. Any application having first been made change or alteration made without shall be deemed to be in and approval obtained as provided above violation of this covenant and may be condition at the owner's cost.' In the event the Review days following submission to Committee fails within thirty (30) specifications in writing, approval approve or disapprove plans and will be deemed to have been granted.

required to be restored to the

original

Plans and specifications Will be prepared by a qualified architect.' e architect submitting the plans must state e.'

in writing that he has visited the site and is familiar with ll existing site conditions.' built to comply substantially f. All structures must be approved by the Review Caamittee with the plans and specifications as any residence may be occupied, it must be completely and, before Completion must be issued by the Review finished and a Certificate of' Review Ccixnittee fails, within thirty (30) days following notice of' completion, to issue said Certificate of' Completion, then this provision shall be considered satisfied.

cunittee. In the event the

be installed No window air conditioning unit shall Review Committee. without the prior written approval of the

g.

any

other

his or No lot owner can change the drainage plan of of' the Review lot without the prior written approval h.

Committee.

i. All television antennas and other antennas and under roof, unless aerials shall be located inside the attic orCxznittee in writing. otherwise expressly permitted by the Review

this

j. )othwithstandiflg any other provision of from time to time grant written waivers Declaration, Developer may partially, highly competent for the purpose of exempting, wholly or (a) through builders and developers from the requirements of' Sections sole U') this Paragraph 2 based on a finding in Developer'srequired in discretion that such review or portion thereof is not this Declaration.' Such waiver, if order to attain the objectivestheof'recipient thereof except that the granted, will be personal

to the waiver to any parent or subsidiary &ibject to the corporation or to any affiliated corporation.' land or exempt foregoing, such waiver will nnt run With the from the recipient of the waiver successors in title of th

recipient may transfer

architectural

review requirements

hereof.'

3....

':4354 d75 kfly

one private dwelling shall be erected, constructed, placed or maintained on any one lot, but more than one lot may be used for one private dwelling.

3,

No building shall be located on any lot nearer than LL twenty (20) feet to the front lot line. Each building shall have two (2) side yards, one of' which side yard shall have a minimum of three (3) feet. The other shall have a minimum of' seven (7) feet. As to corner lots, the owners shall determine which yard is to be designated as the side yard; the minimum side yard adjacent to street right of way shall be twenty (20) feet. No dwelling shall be located nearer than twenty (20) feet to the rear lot line. Except for Decorative Walls and hedges that shall not exceed a height of' three building setback (3) feet between the front lot line and the minimum line, no fence, boundary wall or hedge of any type shall be permitted nearer than twenty—five (25) feet to the front lot line. Fences, boundary walls and hedges shall not exceed six (6) feet in height no nearer than twenty—five (25) feet to the front lot line. Minor violations to this paragraph may be waived at the sole discretion of' the Developer.

5. No building shall be erected, altered, placed or permitted to remain on any lot or building plot other than one detached single—family dwelling, not to exceed two (2) stories in height, and

a

private garage or carport for not more than two (2) cars.

No structure of a temporary nature or character shall be 6. used as a residence temporarily or permanently. If a detached garage to or outbuilding is built, either simultaneously withbeorof'subsequent the same

the erection of the dwelling house, the same shall kind of materials as the construction of the dwelling and shall be substantial and shall conform architecturally with the dwelling house. •

No noxious, illegal or offensive activity shall be or anything be carried on upon any lot, nor shall anything be done an annoyance or or become had or maintained thereon which may be a as used or maintained be nuisance to neighbors. No lot shall 7.

dumping ground for rubbish. No trash, garbage or other waste shall be kept except in sanitary containers, hidden from view, except such lots that may be used for temporary storage by the builder during construction,

No building or structure shall be ved onto any lot or parcel within the Land, it being the intent of' this Declaration that any and all buildings or structures on any part of' the Land shall be 8.

• •

constructed

thereon.

be animals, livestock or poultry of' any kind shall other on any lot, except that dogs, cats and raised, bred or kept including horses, may be kept, provided that they household pets, not All are not kept, bred or maintained for any coemercial purpose. Ofl a be kept animals permitted to be kept by this paragraph shall the properties when not within an leash or properly confined within a enclosed area of a lot and so long as they shall not constitute 9,

nuisance.

No

4354 i758 public any kind shall be displayed to the or any conservation area or within view on any public Project, except that there may be one (1) sign (single any lot in the feet, dvertiSiflg not more than five (5) square or double face) of' as rent; also, such signs are used by the propertY for sale or property during the constructiOn and sales

io.

No sign

of

builders to advertise the period

may be placed on such lots..

Enforcement of this Declaration of Conditions and hereof, shall be by proceedings at Restrictions, or any provisiOflS personS violating or any person or law or in equity against condition or restriction attempting to violate any covenant, restrain violation or to recover contained herein, either Developer to or any CX.jner to enforce any damages. Failure of the herein contained shall in no event be deemed covenant or restriction and shall in no way be a right to do so thereafter a waiver of' the contained covenant, defense against nor a waiver of any other so owning a Lot, jncluding person or restriction. Any conditiOn Declarant, shall have the right to seek enforcement of The party enforcing the same Declaration as herein provided.recover all costs and expenses additionallY has the right to and reasonable attorney's fees, incurred, including appellate proceedings, if any.

110

this

for all trial

covenant, condition or herein contained unenforcable or invalid by statute or other restriction be rendered provisions of' this Deed Restrictions legal action, any and all other and shall in no

ould any

12.

in full force and effect and Easements shall remain statute or action. way be affected by such

way be held liable or Declarant shell not in any Declaration of' Conditions and this responsible for any violation of than itself and Declarant shall not person other by any Restrictions responsible for the enforcement of thethe in any way be held liable or contained herein. None of covenantS, conditionS and restrictionsthe Declaraflt during the period foregoing restrictions shall apply to the improvements on the Lots. -

13.

of

construction of' All

ill.

shafl

of the rights and powers of' and assigns.

the Developer hereunder

extend to its successors

main structure of' any The ground floor area of' the described in this Declaration single4'8milY dwelling on the property (1000) square feet exclusive of 15.

less than one thousand it may be reduced to a that or carports, except garages open porches, for tst.orY dwellings, feet square six jndred (600) shall inimxn of floor area of t,wo.stOrY welUflgS total twever, the provided, exclusive of open square feet, hj.rdred (1100) not be less than eleven

shall not

porches,

be

garages or carports.

G76O

:4354 c17

16.

lot

No owner of any or any conservation there exists a area on which cypress head or a portion thereof damage said cypress shall alter or head or any portion thereof in any way. 17. Street mailboxes shall be of a type character of the consistent with the development and shall compliment the houses be placed and in the neighborhood0 maintained to At such time postal service is as door available owners shall be required to have mailboxes attached to the main dwelling mailboxes shall be removed within ten structure, and Street such door postal (10) days of ootmnencement of service..

18.

thereon,

The owner of any lot, including the improvementa

whether occupied

or unoccupied, lot or lots so as not to detract

surrounding

to mow

shall mow or

from the value In the event any owner

area. and maintain

his

and maintain his appearance of the

of a lot or lots

shall fail lots to meet reasonable the Developer, the Developerorshall requests mow and maintain have the right, at its option,of such lot or lots liable to the Developer for any and the owner thereof shall be to and all cost for mowing said lot or lots, and Developer maintaining arid/or enforce a lien shall be entitled lot

on said lot or lots to claim and maintenance plus all costs of lien for the costs of such mowing and attorneys' fees. enforcement including reasonable -

19.

Aztside clotheslines

are prohibited. 20. No ccnercial of any type remain overnight on any lotvehicles shall be permitted to or any public right—of—way conservation area within the or garage, other than as development unless kept in a closed may be used by the

in conjunction with building operations. Developer or by a Contractor 21. No truck, trailer, house trailer or mobile unlicensed vehicle of any kind shall home and no be overnight onmotor any lot or lots or any permitted to remain public right-of—way or conservation area within the Development garage.

No boat, boat trailer, unless kept in a closed camper, motor or other such home, travel trailer, vehicles, trailer or vessel shall on a public right—of.way be permitted or on a lot unless permanently view of' adjoining enclosed streets

to stay lots, and cwn areas. No motor vehiclefrom shall be operated on or across nor any conservation parked on

any lot except on orany public right—of—way, and no vehicle shall across pavement any public block any portion walkway, including prescribed herein in Paragraphwithout limitation any walkway as of shall be permitted to remain and23. No inoperative motor vehicle no motor vehicle repairs shall permitted on any public be right—of—way enclosed garage, for any one period inor any lot, excepting in an hours. excess of seventy—t

area or provided for the purpose

(72)

A

OFF.

EC.'±JJ± 22. Developer, or any other person engaged in the sale of lots within said subdivision or in the construction of improvements thereon, may maintain within the subdivision temporary sales or construction offices, for a period of time reasonably necessary to accomplish the intended purpose. Except for such temporary sales or construction offices, no temporary structure of any kind shall be erected or placed on any of said property and in no instance shall more than one dwelling or residence and the necessary outhouses to accmnodate the owner or occupant thereof be erected or placed on one lot as shown on the above described plat.

the

23.

Except with the prior written approval and

any

permission of

Review Cnittee, and all governmental agencies having

jurisdiction, no well shall be sunk or drilled on any lot. However, Developer reserves the right to locate wells, pumping stations and tanks within residential areas or any open space, or on any parcel

designated for such use in the recorded plat.

•

21. Each owner of a lot or lots shall construct or cause to be constructed, at the time of the construction of a dwelling, a concrete sidewalk four (41) feet in width extending across the entire lot or. lots consistent with the remaining sidewalks In the subdivision and with the approval of the Review Coornittee. In the event any owner of a lot or lots fails to construct such a sidewalk, the Developer, at its option, shall have the right to construct it or cause it to be constructed, and such owner shall be liable to Developer for any and all cost in connection therewith. Developer is hereby empowered to claim and enforce a lien against the affected lot or lots for the cost of such conruction arid all costs of enforcement of the lien, inclding a reasonable attorney's fee. •25. No docks, piers or structures of any kind shall be constructed by any owner on -or within any lands beyond any lot line, including but not limited to any conservation area or drainage -

easement.

26. Other than Developer, no lot owner or resident shall have any right to pump or otherwise remove any water from bodies of

water for the purpose of irrigation or other use. No owner or resident has the right to place rocks, stones, trash, garbage, sewage, water discharge from swirming pools or heating or air conditioning systems, waste, water other than surface drainage, rubbage, debris, ashes or other refuse in any body of water. 27.

•

Upon the completion of any dwelling unit, the lawn area

on all sides of the Iielling thiit shall be completely sodded with grass, it being the intent that all completed dwelling units shall be surrounded by a uniform green, luxwiant and well.=kept lawn, It is the intention of this Declaration that Review Comnittee approval be required for any substantial surfacing of any lawn area with paving, stone, or other such non...plant ground cover,

PC

'

— — -.

) at the and repair of the masonry portion that wall Iny or not whether perimeter of the 1i eject, lot, and no lot thereof is situate within the property lines ofofany that wall excepting owner may deface, alter or remove any portion Phase III Village Carroliwood as may be provided for by the

or required maint(

Homeowners Association and/or the Master Declaration of Covenants, Conditions and Restrictions for Phase III of CarrollWOOd Village.

knendments to these restrictions can be made rom time Hhlisborough to time by filing an amendment in the public records of unto itself the County, Florida, Declarant hereby saves and reserves fight and privilege to modify and/or amend this Declaration of Covenants, Conditions and Restrictions as Declarant may in its sole discretilon deem appropriate or necessary. The modification and/or amendment of said Declaration by Declarant shall not require the consent or joinder of any zner of any Lot other than Declarant nor Mortgagee having an the consent or joinder of any Institutional privilege to modify and/or amend interest in any Lot. This right and null and void when said Declaration shall terminate and become governed by said Declaration. Declarant has sold all of the Lots 29.

30. For the purpose of enhancing and protecting the value, attractiveness, and desirability of the lots in the develornent arid owners of to enable arid aid the goal of secure and safe living,ofall the and remain members any portion of the Land must join arid pay Carroliwood Village Phase III Homeowners AsocitiOfl, required by the Master Declaration assessments to said Msrziat1ofl as

III of of Covenants, Condittons and Restrictions for Phase is recorded iTi Plat Dook 36814 Carroflwood Village, which Declaration of the Public Records of illsborough County, Florida. Page 294 — 316

The covenants, agreements and rights set forth herein shall

be

binding upon and shall inure to the benefit of' the respective heirs, executors, successors and assigns of the Developer and all persons claiming by, through or under Developer.

hi

MERIT CC*1UNITIES IN WITNESS WHEREOF, the said UNITED be executed caused this Declaration of Restrictions and Easements day be hereunto affixed this by Its Partners and its

to

of tP

-

-:

seal to

19k.

UIITED MERIT COMM _S, a Florida General Partn j., Composed of' THE MERIT GROUP, INC., a Florida Corporation, A General Partner, and FSS CORPORATION, a Florida corporation, a General Partner..

THE MERIT GROUP, INC.

Michael

4354 c1762

fi.. Herron, President

State of Florida, County of' Hilisborough Personally appeared before me, the undersigned authority, Michael R.. Herron, President of The Merit Group, Inc.., to me well known and known by me to be the person described in and who executed the foregoing instrument and who acknowledged the execution thereof to be his free act an deed as such officer for the uses and purposes herein expressed, and that he affixed hereto the seal of said COrporation ACKNOWLEDGEMENT;

Winesy hand and official

seal on this3o_day

My

.c,

of4Z,

198k

conission expires

orida t I

te of Florida at Large

'TION ..— .'

c: '7

•

lv..

"r

ACKNOWLEDGEMENT:

*

State of Florida, County of Sarasota

'°PersonaUy appeared before me, the undersigned authority, David I.. Good, President of FSS Corporation, to me well known and known by me to be the person described In and who executed the foregoing instrument, and who acknowledged the execution thereof to be his free act and deed as such officer for the uses and purposes herein expressed, and that he affixed hereto the seal of said corporation

Witness my hand

and official seal on thisf1?of

19814..

.•.

•

NOTARY ri: S.\TE C

•

;ij i •

•

••.,

t

Large

expires

It

4it.L i1

AT

.LLI 22 198$

EXHIBIT AU

kE.JJL±

DESCRIPTION: A parcel of land lying in the North 1/2 of Section 5, Township 28 South, Range 18 East, Hilisborough County, Florida, said parcel being more particularly described as follows: Beginning at the Northwest corner of Lot 3, Block 1, VILLAGE X, UNIT 1, of CARROLLWOOD VILLAGE, PHASE III, as recorded in Flat Book 52, Page 29, Public Records of Hillsborough County, Florida, run thence N. 00 deg, 05 414"J,, 5140.00 feet along the East right-.of.way line of Burrington Drive to a point on the South right.-of-.way line of Ehrlich Road; thence along said South right.of..way line of Ehrlich Road, and being 100 feet South of and parallel with the North boundary of said Section 5, N. 89 deg. 51fl6" E., 1551.91 feet; thence continuing along said South right..of.way line, and being 100 feet South of and parallel with the North boundary of said Section 5, N. 89 deg. 53'50"E., 115.92 feet; thence 5. 14 deg. 51'14"W,, 188.145 feet; thence S. 00 deg. 29'Ol" E., 195.24 feet; thence S. 07 deg. 22'OO"W., 164.14 feet to a point on the North boundary of the aforesaid VILLAGE X, UNIT 1, of CARROLLWOOD VILLAGE, PHASE III; thence along said North boundary of VILLAGE X, UNIT 1, and along the North boundary of VILLAGE X, UNIT II, of CARROLLWOOD VILLAGE, PHASE III, as recorded in Plat Book 55, Page 5, Public Records of Hilisborough County, Florida, 5. 89 deg. 54'16"W., 1599.06 feet to the Point of Beginning. Containing 20.14 acres, more or less.

10=

Q

D/InvD t11d) This Instrumont preparru by Islander Homes of Florida, Inc.

',

-

RFCIJiLY1C

12420 N. Dale Mabry Hwy. Tampa, Fl. 33618

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;t

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Hu'reeuieui

iii I y i ii Liii' r ii

or ijlassi'ib— lii Sm i iiiiuiiiiij pools ,iu;uI jiuirehies ar

so Ii (IC I I ii I lie I or up ii i nip si I - Ii mc k ri p i i r 'miii' ii I 5 for ho In SC

Iii

lacli hcciii' 'hill hive un iuuiIo',i'il sndi' i'nulry Iwo I)

I i-eu I icr 'liii- y a r d iiil I 1' '.0 a r I' i ii I I ni i y Iii Cc r api' ci r hi r .ii i soi;ji'l't tic Liii' stunt' sit —Icuci- nut1 ri-mu-nil'. i. I hi' house proper. All

a ri iii' s viii st hive a si I I iii I' wit cl I uc cliv I ic w Ii I iii w I I at L ouiu Iii I i' 0 pcn rat or to ii iii .i iii I Lb oui L

I

-iv I nil L iuu'

cci I o vu uih i I

I

I

eni.u cli' tin C

c Liii' il_i r iqu' doors; c' no viii I cii L I y

;3754 r 842

.u

No I e ncc or wi I

11

lot or building hiuL 1

iui or

[II

lb Nh S 01 1 L Oil I [IA

5 LA 00k II

.i y l y ic 511 1 1

o1

or

I t&

riser vi S I

• s ii I ij ii ii

wit

ii

!I AllOt it

110111 S [II

r ijli I

iy siuh lrlllllloi approvi ;Iili (HI ii

r I

y

.1

uq [I

I

I

till lilA r I L Ill

rn Ic it

1nIL

•iI)ilruve (Jr ii .ip[irnVl'

to

I

I • ii I q ii

to tile cummeiirerniiit 01 COIlS Irup I liii. I IC •

or

I o r c Ii 0 n dp[irovilI liv

or wi

fciii

11ir,iqroph it ll(rllllllvl suili shIll Ill II lviii for tli( 1111151 roiL III III lily 11111 W.l 11 of iiiy I iii I 1 lie L I ii the I roii I vi ru ii II 0 V 1:111 .1 lIP 1 q iL of no ri Iii iii I I vi inure Lh,iii e I0 ill. (H) feet iii •iiiy I. ill or riir vu rut, or inure thin No

four R) hot within thirty (Jo) feii if Ilie w,itir Oil lily w,itcr— I r CIII I

IaI

Ii it ' r ii& i tI. ii I

&t lit lu I NI. .

in Ii I

I

S mi V Iii r equ I r iii I ii

I ri

I s ii ri I Ic 1 in ii e 1 usu' Li

p11Cc in 0

lot ('.1(1.

Fence wit I& &li.iF I livc ,l1i1iro[urilLP p1 lisLi

1 J.

hi A till It

lid 0 IV

Ill I'll

[hi

I

flu

I i1[i

t id .i r I r i nt n iPeS; r I I y r i'u[ii I r cut 01 fcii p e WI I

Ii

more distiuut from streets. Property nlisiujiued wrought [roil 1euipi W 01)11 f eric P ii

01111 r 0 VIII (1)11 5 1 r (IC

1

101

w

Ii

.1

I

[ill I i

I u,ii

Il

tli lii

t

Ii r e

considered used • 1111!

iii' Ill I

t II

I. I I liii Ii Ic it

i1overu:neuntd

I

in

I I lii

11111 ru VI

1

I iii I I. y p i

uuu

II

iii 1 hr

I of Ii I [lu 11111 I Lv

y

I

in I

I

iiuil di I(ui 11

.1

1 liii ii

Stee I feuiee ii u f

ml y li .11111 r o V cut

ujnviruiinent,ii ul it 5 l 511 I

I

I

I iii

I

I ii I lii

.1 I eu

hi' 11i1

111111 lv iriiliilii 1; .1

flu

1 5

III 11111

r

u

I S I

Ii I

lii

r

I

11101 (ii Ii

I hi Iiu

i 1 1 no,

.1 1

I uuw iii

I v Si

iii thor i ty

Ii Ii r I 1k cliii 5 1 FIll' t I liii I11

111 C Iii'

I Ii

I 'k 0 v. r

.1

I

1

5

('liii Ic iii p I u II if

r • ''ii'

iuiosollry will. Wood trini

is

I

oil

W •

Ii r I il 11111

i I I in I I I

permitted

where

I

Iii' illlrni,lI hy

AL ill sI III t y er u'en I ( iii; ( ni I lie P rio of t he Ii rt s tory

shed I Ion r of

Ii,

liii se

Ill

II

tue iiiil I es S t tim &Ix ten F I C I

inches Iuove tine 1ootioi. Drivewiys muy lie of eillicr brick, concrc't(',

:3754 rc 843 ISLAIIDI Il or apR.ilt coocrete written ,Iprovl iii 1 s req II I red p r I or I ii 'o mme oe me ut of NC 011 IDA

FL

cot'. I

I

,

roofs

Crave1 typo

At

7

1

at iii

tORI S

cx pence

I r oIl I of Iii

s ha I

,

5 III t

bc oi'tI rxcept on flat roof so [ii

may riot

of the C omp Ic L Oil of ('a cli

the t I me I

c'ori t rile L

,u

5101' j

.i

to L Ii i'

ill

r u

hoti se

, L lii' own

ili'w ,i IL •i I the r i gOt of wi y iii' i II() r 11 liii Cciii I v I ii ', ii

t.

I

In the ovid Liii'. owner fails, for mv r'asoii to construct ,i Iii Iili'w.i IL .i I till' I mid the hood' mitt lior nd .ini I lit' . Oil 1IA tOil S Di COffli) Ic ted, ISLA ND[II empowered, in Its dlscri't lou, 10 irit.i I si lii 5 iiiew,i 1k nd Ii tOil. Iriqiuieeriiig DcpatiuieiiL.

ii

by ISLAIll)i1l lORIS 01 ILOI) IDA, IIIC event tue expense so Incurred

shall become a lien ag,ciiisL soeh pici. , c,ifcireeahli' iii Llie situ' manner as C mortgage lien onili'r Llic' laws of the Stile of Florida. I

Ii ,m 1 1

A 11 air coot i L I wi er 'il ni pr 50 r s

-

iC'

ire ed

wI

from

shrubbery so as to be wholly or iiiist,iiiI i,ullv tot vIllilr'

street or ally other plot. 19. All garhge or trash' elliil,iilit'rd, oil tanks, tiilLli' tanks, soft water t,iiik, limIt ,iniil,ir ,triic'tUrdd or lo1,ill,tt Cii lIe p lie cii on tier tic ci r liii' o 1 e r nitod o r I ii C,) I 'ii ii area so CS Lu not be vlsi cli' I ron, liii' street fir oy ii Icr 11111 iii I I

Ito i' I

I

Lii

II

Iii' v I

Iii's

pi' r ma 01' fl I or ii r

I I

0 I r f r Oft I Ho

?0.

('

I i'.u

I

S t ICC 1 Ic' r

(1

rf

r

(iii I e , liii'

hi,)

I

I

lit' p I ,)ct'lI 'il

S or ClOt I i' ii ItO' S Cli y lie k t'i 1 1111 Liii' ii ri Cl cli 1 i- I

hoc se 5 11.1 1

1

leave

t rile

fir

Iii'

T he

.

C (IS

ucli

crc' c t I on

of .t flOW loll re , or t lie

toe dam .1111' ci Ii y

I c Icul w I

0

iii j ice ii t or iii', r i' p I ii

,uiI iii C ,i it it r 5 , V dii 5 bii 5(5 , 1111 k or I 1)011)' r I I vt v stared or kept except iris ide .1 garage ml Lii i'Io:u'll doors. I

,i

Lii (10 I

rI p.m i

S

111,1 v Ill'

r of anY

I ri Ii r 01 or w I sr , on iii v I o L or p lo I

ii 0 r I' 'I ,lili,lhi Ii' Ii' I ,i y •

.111(1

lOll Ill

)i iii'

I iii'

louse or structure iii dli IcIcomlilete condItion for

per iod of more

thao

tlxty toil) ilayt

Liii' 1SLAIID[ll IlOhICS or F LOll IDA

e I Lii c r I n L Cl tie I (lowil tici c I earl f role liii' i rein I 'i's ci Id iou 51' or s true tore w or in riced of rc'li,lir, or Lu complete or re, ir same io a I tIC . I

ii t or I it'll hi

.1,111

imp ow i' r I' ii iii

I I ii

i serf.' Li oil

II

Iill'onhlilc'te

I-

:3754 rn 844 manner deemed to he

iii Lii" ilis,'rr(iiiii of ISLAIIDII1 110111 L

proper,

,,;'

, and, lii e I lu r' ISLAND[P IIOME5 or I LOP IDA, III'. 'Iii I tIC

I LOP IDA ,

OF'

enforceable in (lie sine' metier ix No siifli of tity I; i id

rnnrtq,iilt'

1

or i

o iiio of I SLADDI 0 11(1111

I 0 I , or 1 01

xi,

ri

,

o,, a ii y lot or

(lilt for sale, and except

0,iId

III . 'or I SLA NDII1 UI ALlY OF

(II! I IA

I ut; ti; 'ii für ) Is off ('('S (lit I 1

'; iqos nut

I IC . a rid I to

TA IDA ,

lie.

d sp 0 you

hr

,i,,, 1

1)101 exCept 0 5Ifl ilhivi'rtixtuiil

lie qI ext ourit plot

Ic' a

I

1

it I ii for ri; 1(1 ('it 1 1 a I pit r pose S 0 '; di' r I tie 1

lit Par.tt1rapti I Iierel,i,,ltovc . liii ',o,'Ii slip, advert I olnip ,iI,I lot or 1)1 01 for sale s ti I 1 bc d I spIt yt'il Ott any I at or plo I w I Iii iii I lie pr 10 r wr I I Ice ,tpp r ova I of I fl A 11111 II 110111 5 or r L OIl IDA , I NC No ant nia I , I I vi, Ito' k , or putt I I. r y of a ii y k ii it 'Iii I ?3 r a I soil ,

I

tired , or k clii on iii v lol or p liii , except I let I ii nq a id

ca Ix or other toe xc told pt I s net y hi' k clii , p r ovid ccl tli''v .i ri (iii

kept, tired, or m,iiotaire'd for any i'urnmi'rci.ul purjioxt'. tic i' r'i't' Iii! liii it, v I itt or p1 et pr 1 or No a raq C li,i I I

to the construct Ion of a louise 2

upon wIt

No rio x I otis or

.

incIdent In any pIoL,

cur

lelt l ,Hi ariuuoyuitCe 26 .

plot

t'

con Ii' ,t

No cx

SCCIt I for Ciar

a it

tur liii

I xl liii!

,i

101)1

ci wit In' It

x

xl

Ii a

No

0 CO let! on

w tier' e

a

system whIch ,udj

iii'

I

Ito tt Sc'

Itt r e wIt

to'

,

I

Iv11y

lii I

doiii'

•uuiytliluiij

Or'

ri

Iii I

1

lie ni 0 Vt, d

ott 10

I or cur

tle'"eon

mit vt' 1 a

,u iv I o 1 or

it nit! by tic lint, liu Id liii

cli mi y he

i'

fit' r

t'onu, I

e i I nit a f

I

1

iii

pr liv r nc',

,i ti'iiiparirv

rid 10 ,iui tt'uuui,t ot' any Li id

or or, ,uut y 01 lit' r

Cacti plot

It 'iou' it

ml

I

or a Ii on

f r cii I Iii'

n,

out

,u

Ii u I

n',l,,i I I

Id iui

a ii I r i'c't or f r ii in

iii

lit'

.1

ic'

ri I a

1

a it'll I

I.e

I

1 Iii vi' a orir loLler ploI toil for iprtiutittl arias on st

lit a liruti xc I lterr'oui

prov Ides cctverauji'

,uct'i,t p,irkways .

I

or shutter of toy type of

tel evl slur, or

a Id a it let, it a rut y 29 .

I

nor slu,iII

ac

lie ,ied as a rr'sldi'rict'.

or cl,,ir;ictcr shill

28.

r

I ye I r a tIe or

ui

store

he,, su'

7. No slrucl,tri'

1

ol' f i'

tltu'rt'utn

Ii,i 1

jul

I c'a ot t1i' ) 't.,,,,,,,,,,,, f I ye () l,p ltLL.iWCiliint'ter

[,ucIuItJJLL,,,,iiflaijj,,,,jl0Vc' I

at

:3754 845 It', clot sli,ill lie iLIriilvt'Iy l1UIdS),lpO(J witlt IIIIL

Cacti

sisty (61)) plants, whlrh irU he at cat equal to or ltla tlumher one Crade as spc'ctf led hy tic Craden arid Standards Luw of 111,01

I lie r icr I di Di' par I in i'ii i of AcJ V I lie I c $ tli .111 two ( ? ) (er.' I

withIn thIrty (31)) Ii sic cii hi'

(Iij

Si

III

Iy

Or cdii I

IS

a

e to mtis

;t Ni I' t t Iii' V 1 lw iii tIc'

iii

I I Ut I Icr ItI Ill)'. 'it 'h 'r 5 Ui CO

a

, SC ii I' Li ('It

1

I be Ni, j I I to

il S I r i•

p1 iii s

W

,

lii I I

III,

Itt)',)',

Iii t'Ii lt VI'

tsr

lit'

I

I

('ii

I

INC pr or to ('(IflhlPolt 'ChIt,' ii whIch meil ill rc'qIii rerio'itts 00(111 iiic'iI lit L!o'S,'

conslroct iOfl, clod

01

I

wi lItluo (ci ii 1 ron') I of ,i 1(1,1)1

req u I reiii' II Is con I a Ito' ci

IDA

1

10111 S 0[ r lOll

IS LANDI Fl

Old 50 t e I y DII tIre Iii si

I it

I (IC . may,

10

II

I; ,j ' S I Ni' Iii' told,) r iI for'

1)1

Ii j

Ii

IDA

ill Ill' lW

Iii c's e CO'

In these reslrcc'tuocts

elscwhcirc

not ic' of

hnciodary must

OII,tIJ y ' oh

LA lID) U I 1001 S Or r LOU

ron Lr let icutis

tree

or

It r oh he r y ,

I rlcji' ',

1

((II

1

pI01

SW I 5(51 I 00 P00

I torts I tic' r

of

I

OIl ('ILL iif WI 1(11 5 III

of a watprfrotit

I

Ii out's

r 00(05 ,

a pp r ova I

of

,i(' ('ii

AII

JO ii I

0I

I II

Nt or deii I y as to u ore

I

fri

wi I e ('

ri

ri

1

C

I si nit' I

l c 1 I oi

.

iiic')tolittcj aoy

d si rt Ii'' A OIl) III Al)

I I of I Itt'

Any Cr' tt

I

rt' 5

rt'quiCt'rrif'ttt

I'll

(or

Wi'3ttOit approval Ity ISIAUDIII IIOMCS OF [LOI1IDA, INC. of ,i particular ,I5)I o u L 1111)1 I

iii

01 I

0(1(1St CIIC I. I

on or ties I phi

I on OC 01110 r'wI

I lit I a I 1 t,tiis

,i

to'

i'r

am

S 0 I icr)' Si I ii

ic I

tic

—c'

51101)

1 i,

Iii c en Ic r I or ,i P pel submi

tlccl

ill

sitolr plots

dC,lwti intl sit,iI I cOotairu r,pt'I'ifiu' clc'Iai Is a vi' I 00 CO ice r a ct

,

rot I r

1(101'

Ira flIt'

Ci' 0 1 s ii lii It LII

'II'

wit I C It W DII lii a f

it r rt II

it r oui 11)11 1 1 dl rip , or

I 01,1 1 I Ott

mitt 1i wuui I

1

I' 5 I '

ic I'

t rI

n'oti I

11,1(1

I

tlw i lili 01)

If'

It

11111

'.11,1 I

I

It

INC. prior to cnttlI'lt'Itt'c'utt''tt

Any dc'v Ia 1 Inn , howl' no' r mitt or , franc

Ii' C t t Nc'

Ny

of tI fr','tttre',,

tid mciii I d I nqs wit j

to ISIAIIOCI1 IIOI-l[S or [thu lilA

of eons I ru C I iota .

tic a n v wi y

dc' tract

re Int'l) I

ISLAIIPIII 101115 OF ILDIIIDA, INC. FtrIlIl'r, it'o)terly

I

of Itt) C Ot r a q n—i lilt 1 1(ti'tl Vt' iI 1 rt w r I I It Iv

qu I

ct'

tilt ,t I I

riO

I

r I (Ii'

11110' 1 I'

I I,c' it luSt'

a Id p I ,c II

1(0)' (1 F 'I

0 C 0)111111

I

hitttt

'i'

ci I it

I req ii i Ccm('hu 1; oF I Ito sc' res I r i 'I I cit , itt I I Flit I I Iv prevloltsly qtveri approval. Arriiitr'c'tttrtI c'ttttlrol and ritillis of f r otcc nor I ing a I

I

archiItt'u'ttlr,c I or 5lrttc'litr,cl ,III)tI'ttv.t I spt't'I IIt'ti Itt'ri'itt,cltctvc' ,tttcl

-7-

3754 c 846 elsewhere In these restrIctions shall he exernlsealile aniil curd"—

able by, and shall bee

Ill

Carroliwood Villaqe, Phase

any time proposed

lots In Di. unoni ii

of

plot,

said

IIIC

li-c

Sit tic] I

it

v

own icon

or

its asslqns

j

(10 an de c r i hi-ut iuu tic

5

suhdlvl niori , lSl.AIIDLI1 hUNt S OF FLOP IDA

y a I uc s .i iti a r c hi Icc I jr 0 i-on I ru tOil ni it r icj h t Corral wood Vii licje Pittoc lii iiciini-ciwcir-rr; A;titiiIuIl on

cii., in

,

Icr i

It desires. PilANPI Ii lOu S ill I Dii IDA, INC. H t lii y ri ipul cc- t liii t Lu,- iii iii, , in-i' I crc II on

dI

no I

InC

ci 1 hu

1

nun

cirl

Ii.,'

V tiC

Homeowners Association, Inc. liii

ISLANDER FIOMES OF FLOI1IDA ,

Jun in Li ri r (3 I

'

zpOr

,,t

city

line

.1 ciii

f I t—.i

nil

titrl,cl 1 drawIngs for arty joint- lit

tb' uiid lvi

shut hi tnn'p.irc'ui nd

certified to ISLANOFII 001115 01 [1.011 IDA, INC. Al 1 1 ots lii tic so Itch iv I S lunc C ci 50 sIt htj c-cl Iii Liii' 31 . o rn s an

ci

pro vi s 1 ons of I hi' Mas Ii' ii He

,ciilocn,tt [cii ly

I

a r ct

I

on

AI

.

I 01 ow un

I

become mcnulcc'rn of I lc' linucucowitern AcccI,ct

r

nit,

tire subject to thu Articles of Icidicrpnr.ctloni, Dy—L.cws cml rules a rctl

ri.

go ii Ii

o,cs thiN' of lii

c. I f cii

Ic mum t I

I0

me

1

line

Pci r ru .ini to

.

levied Is secured by

lice Master Decl,iritlon, ,cssesmncucL,,ir e dice and charges by the hhciinmeowoers Assoclit liii, pa ru-iL of

lien on lice owners lot. [nih I Dr Ii y the i r ci respoli Am, sac

I Ii I

irs

I I t

fall out

ccc r cjes

,

r acid

I cic lod I uit Ito'

as s hi

I 1 be 1ev i

tin (IC cup c'd n-, ha I

Ii Ohs e ,

mi till V 1

I

Ia 1 1 , ii eq

nit one r

r sI ci

I e C

mu cciii

I

lot thc.'reiiy does iqrei' to

I cc H-el ,i ri 1 kcuc , a miii up liii I .c

mcmi her

one ii

of

i In

Ionic miii ii

tic'

.c soc m, sinut'ni In

,

diii-

.1

id

nrc-h y

lh

Iu.ui I it' 10 crc on , in iii hic r

lit i'd e Ii' cii mcml lice ru /

nd .

from

Di-

ri

iii

iii iii' 'I

in—

'' , iii un

lilt

I' cm 0 ow icr 0 1 cii- Ii

Isloci s lii I I ni_u In Ii ui uct pc lot '1. iii- en icr dir uI 'i iii

liii ruin 1

n C I mm it I cc uj

uric In

th

nd tim y Ii ri

,

iii

a

pa ymcni 1 cii

cd

I li fri liii 0

I cjh I I y &Jr ow Ii

ill 110 Iii

t lii-

Ott I iic I I ntis .c ';

C ic ii p1 ut in

uim

cuwuim'r, Iiy the ,cccepturii'i' of

liii

otherwise aeqciiririq title to

deed or

which

are

tic'

r c-nit ,

a

Iii

I

ins ccci I I miii .

I , or a ho ye

uI I c-cu -i

I s nec'

ii' c—v ciii .iiiy

p1 ci

1

.u r y Iii Ii,- p tiuu,i

Oin nil-u'

o ml I lu iii

p u- I nun miii nit ui Ii i n any I 01

Spec I I In-u

.

mr

It miii ci- I ito Ito (10 ) days ,m ftc

-ii -

I

liii' u

[;3754 rt 847 tiav[ng been given written notice

Phase 111 èlu,e"ne A,

do so

to

'

L

by Carrollwood Village, ELAND[R HOMES Or I LOll IDA

:

INC. addressed via Ileg.lstcred or Certified Mail

to

cntei' sa

Ph as e I I I

,

stated In aid notice,

Id do fcc t s

linen' nwn

plot for tilt' pnrpnse

upon such

failures

qe

s ha I I be char q ed in tin'

Each

len c stab ii

1

I I

As soc I a

t 1 on • Inc

rin y

remedying said defcctr. and expense

own r of

5))

of

so remedying

lii I

ct plot a it

i't,ili C .11(1 ('II for cC ,i i

i

I II

1(0

charges or liens as hereinabove provided.

same manner as otbrr 1).

of

nd tIn'

I en U 0hi 5110 I) p 1) 1 , CO I

(ceo tee

irrs

his

the

last known address, ISLAIIOCII HOMES OF FF00 IDA, INC., or Car r 01 1 woo (1 V ii Ia

at

such owrlcr

shed by Ihee ties r let bus stiu

in'

I

bona fide morLijigu' witch li,i been given filth and for value by any owner against whose property in Di ,lornt

subordinate

to a

lead Snbdivl s ion said lien attaches as aforesaid if sneb mortqiqc'

h,i been recorded prior to recnrd.it ion of tin' Notice of L en rc ferred to hereinabove ib. All electrical service in',talliiioii served by tin' liii I he ins ti 1 led yS 1(n) 1. Ion undo rg round cisc t r I Cal dl sir underground and maintained In accnr(t,Ir(ec' ml lb spec! float ions nf liii)

Electric Company for suet) lnst,illal.iOnS. 3. Street mailboxes shall Inc a type consistent whit tilt'

the Tampa

clnracLer of cornplirncnL

the development

and haIl be

in tile

snl(ctiVtSlon.

the

houses

postal ervlce is

available,

placed and At

ma lntalncct to

such time as, donr

ottoers shall In' required t,o

boxes att,ICtled to the main dwelling structure and street

shill

he removed wIthin

((ye

mail-

mailboxes

ten (10) lays of commencement of such door

postal service. 3.

Except

mliii

tile prior wrItten approval and jnrnnis,SJnni

of all governmental aqeneles ivIn(i ,jnrlsdlcilnni I no well SlId11 1(0

sunk or drilled on 1(11 wI and

any lot.

1 intl oh I I g a Ii on ,

tanks on Tract

A

Ilnwr'ver, developer rosCrvc's tin' rintlt

to p1 ace or I o):t to WI I

shown on lii' Pl,it.

I

,

porn pin l

ti I

i

ons

f2754 FC 848 37. When dcvelopcr constructs a wall or fence (Uoiirithrry Waili) along the rlrjlit of way of Sussex Way and abiitiiricr or incited

on the property lines of Lots ?5, 2i arid 27 [hock 2, [015 I arid 9, Bloci 3 or Lot 1, Block 2, tho homeowners Association ehal I maintain and repair at Its expense tie exterior, street fachriq surface of such Boon cia r y Wa

I

Al 1 o I her ma i ii ten air cc' , r epa

I

and replacement of ttie Boundary Wall hali arid

I r

be the obligation of,

shill be undrrrtikeri Iiy arid ii the i'qiorrsi of, the respective

lot owners upoir whose lots iiili finruinurliry Wail Is constructed, but only as Lo such portion of tire liirunrifary Wail as bounds rucir lot.

obligation of such owners hiIl riot be affected by 'ire fact that tire liouridiry Wall may be only rari.lI ly ciii the lot, nd

The

on the l1iJht

partially

of

wry.

lot

lb

owner ir,i1 I be permi tIed

to paint, decorate, chdnqc or alter, ion to add or affix airy object or thlncj to tire exterior, streit f,riirirj srirfarr of the ihourrrdrry Wall .

SI nil 1 a r I y , no lot ow

Ire permit Led to add ,

Icr s iii I 1

a

It a

cli

or fix any object or thing or Inn any way damaqir or Impair the Interior surface or top of such Ihotundary Wa11 . If any lot owner shall fall to undertake any maintenance, repair or replacement as requl red by this Pirragrapli, such niay Ire done try tire ilomrownern

Association, at written notice.

lot owners expense, upon

tire

ILOIIIBA,

by

law to enforce same. 39.

or

otherwise errtitliri

All of the restrictive covnianrt5, corrdltion,

limita-

other provislorns, or roy rrrt:of same, shall be and remain

force a ii

or more of

INC.

or corporation

arid by any licrsnu

Or

In

(10) days

These resirictiorns may he enforced by ISLAtI0[Il bilLS

38.

tion, arid

ten

ci

e I' fec t urn I I I

to be InvalId by any

,

yI

2 Ui 0 ,

arid

I

n tire even I

any one

lvi eriviurants, 'ciiurll tions, Ilniltations, or any par I. (if rn urn , sI r I I a t a ri y I I mc be lie Id courri of crrinulrrtlrut jurrlsrilctlon, their saId

tire above

other pro v IsI 00 s

J.i our r

restrict

r (Si i In Iii q covenants , coo ci

I I I (iris ,

or a ni y liar I of same , s ira I I he a rid

I

I in I I

a I I eli

recta ii

arid Othìer [iO V I a I iii

as vi I Id as

f the

:.

3754 849 covenant, condition, limItaLiOn, provision1 or part had

invalid

r'

I or been made a part or -: The works "Is lander hOme of [10 Ida , Inc ." wherever ii cd hr ri iii

oevcr been entered into

shall include corporation. LrO.

the respect ivo sric1'essOrs and assigns of said

Amendments and modifIcationS by drvcloper.

NotwithstandIng

ary provIsIons of Ilies

Restrictions to the

dcvelopcr, its sueccssnr arid dos!qrrated assigns, reserves the right mci ru thor I ly subject to Ve terans Adm In] t ra — contrary,

tion or Federal lousing AiIm in I 51 roLl on approval (which a prrro vi I

need not be evidenced of public record), for a period of three (3) years from the dale of recording of these Restrictions to amend, modify, in whole or in port, or print exceptions or variances from any of lire Use Restrict inns set Forth in Article I of these

Restrictions

without

notice to or approval hy other lot owners of

rlr

the 5ubdivlior. IN WITNESS wisrncor , the so iii

ISLAND[Ii

PlUMES or FLOP IDA, INC

has caused I. hose premises to he execu Led by its proper corpora to

officers

7

lobe affixed hereto this

and its corporation Sc'

day of

'

ISLAND[R PlUMES OF FLORIDA

ac A

Secures.

STATE OF FLORIDA

COUNTY OF HTLLSOOROUCH

[hr I t

i-,

undersigned authority, this to rue known to him' tic' Srrc./Tros. of ISLANDER iioi-ii:S or rLOhhIhlA INC. who, being duly sworn, tatcd that the execution of the fnrrqniog instrument is iris free I CERTIFY that before nrc, the

Fir

day persona 1 1 y appeared F red r Ic A .

I I I ,

act arid deed as such oil err for Liii 505 nrd [uuirposoni hhunrm Iii mentioned; and that he affixed thereto lire 0lfhcial seal of hhr said corporation, and the said Instrument is the act and dciii of said corporation.

I1IH 'hrnrou.j'

WITNESS my signature and County, Florida this

0 ry ,uiT, ic, 0tale My

.

of i undo

Cojj fIi1 rFClDx Al L'r I9 - MY (YJMMII.tIØN IYFIMf.

tail 2

-)

—

DEED

tr T'

, om tr.

03 00P7 H 2b

RECORDED U2604 30D0 CHRG 45

hbTF?iCTlUiS AnD A EdTS -C)h STOECATF

/115

4580 759

if I Th, a loriua Ceneral cìrcnership, ("Developer") 9 j \U,iTuu \EhI r co of certain reai pro)ercy in ;iiilsborouqn County, r—lnrida, heng rèJeiopea for residential purposes9 which oroperty is described in Exhib] (the Land) a ccacnnu hereto and made a oart riereoi , hereby files this i)C±cr tion of 5tri C O)5 an d5e lCflL inicri aa ii run ith tr Lam ej conuit ions of use and nccuancy . f his Lieclaratlon Is lieu pursuant i oj in of uee1 )p IPnL ol IC oI- nith mu or it to U Land ror o pur iose ef er alirj n ecao1iso enc anu naintenence of an 'c1usive or cue hihesL quality for the :laxi!nun benefit anu riinnci aiofarea its resieents. L)eveloper, for itself, its successors ano neriby declares the restrictions herein contained to be apol icak C j aD:;ins, to af! lots presently and berearter snown on any plat within the bounoar: of tre L.riJ. The praiirions of Lhis Declaration shall re:iain in force f thirty (JO) years from the filinq date nereof and shall also remain in force for ten ( O years thereafter, unless owners of two—thirds of the lots affected hereby file, at any time after the expiration of thirty (3

(

toe date hereof, a notice of termination of these restriction. years fm anu edsements

iJefinitions The word li lot" as used herein shall refer to any lot reflected any plat. Che ord 'plac1 nerein usea shall nean any recorded suudivisiou nlat or plats of the LanJ or any part thereof. The orU Project" shall mean the Lanu and all improvements no lucaceu thereon or which may at any tUne hereafter be construct tuereon. The word "builder" as used herein shall refer to the Developer or to an person or entity to wnom the Developer nay rrot time to time assion any of Developer's riahts hereunder fm cue purpose of developind the land or builcinq on any part of ti land.

2.

kevie, of Plans and Specifications by eview Committee A. i-or Land as

all :LC E 5 I dVR< ci

the purpose of further insuririn the development of the

a residential area of hiphest quality, arid in order thai

improvements on each lot shall present an a ttract ive and pleusin.; unpedraricefrom all sides, there shall be an Archi tnt curaf keview Comitli ttee ( the "?ev jew Committee" ) . Toe Co::drIi ttae sill be composed of three (3) persons to be jiopointeu from time to time by the Developer. The Pevie'I

snul( review plans and specifications for any and all — T.urove;iiencs unon any portion of the Land, hhen one hundred L , "ercenc ( uu) of tne lots in toe Project have homes completeu oereon afiC are occupied, the keview Coimi ttee will cease to

te exclusive autnor. ii scretion, nich snail not be abused or exercised in arbi trary fashion, to approve or aisapprove tne uesiqn ( incluclir materials), location, construction, color and size of atI of thi erici

Ihe Aevtew Coini ttee is nereoy cranteu

k:458O 760 oulJinqs, structures and other improvements on each lot in the ,innner and

C.

to tee extent set rorth herein.

ilO residence or other bui Idino and no bui luino and

no

fence

nedje, street mailbox, wail, utiliti area, driveway, pavement, sinwing pool or otner structure or improvement, regardless of size or gu rpose, whether a ttached to or detached from the main resioe'ce • snail be commenceu, placeu, erected or alioea to reilein on any lot, nor shall any addi Lan to or exterior change al tera tion toe re LO ne naue , unless and until building n lans and Speciiications respecting sae have been subiiitted to and aopro in riting by the beview Carnal ttee . bald plans and specificati 311011 sLow ::ie nature, shape, he ight, size and dimensions, materials, (loor plans, exterior color schemes, location ana oriencaton at tee proposer] iuproveuents and shall show the lot sguere fontdoe, construction schedule, front, side ann rear eje'acions , and such other information as the eview Co:anittee snaIl re:utre (inciuning, if so required, plans for the gracing end landscdping of toe lot showing ny changes proposed to he m in the elevation or surface contours of the Lana or the nature the drainage of the Land). AL architectural, reniodeling and

lanusceplog plans suarI1 cted to tne ieVlew Commi ttee shah be accompanied by site plans which show the siting of homes on eaci side ol tee proposed improveiient . In addition, there shall be suu.i it ted to tne teview CoaL ttee for approval such sanpi es of builuing materials proposeL to be used as the heview Committee sndli specify and require. The Review Coe;niittee is hereby ei;ipnvereu to refuse approval of any builcing plans ann spec if icat ions and/or lot trading and landscaping olans which reflect improvements hich are not sal table or desirable in the reasonable judgment of a caajori cy of tne Committee for any specific reason or reasons, including purely aesthetic reasons. In Lee eient the ?eview Comni ctee rejects such plans and spec I ficacions as suhal tted, the beview Commi ttee shall so infoi the property owner in wri tln stating with reasonani e detail thE reasori( s) for di sapproval ann the heviee Commi ttee's recoElnendatior to remedy sane, if (in the sole judgment of the NeViC Committee) a satisfactory remedy is possible. In passim upon such building plans arid sped fications and lot grading and landscaping plans, the Peview Commi ttee may take into cons iderat ion the sui cabii ity and desi roL)i ii ty of proposed cons traction anu of materials of which the same are proposed. ti quai i ty of the pronosed worK! anshi p and materials, the harmiony external design with the surrounaino neighborhooo and exitlnq strucLures therein, and tee effect and anpearance of such consLructions as vieeed fran neighboring properties. U.

As a rere:Iuisite to consideration for aeprpval, and pricr1

L;egi nnliig the conte ;iateci WOrK, t 1Jn (2) complete sets of oh ens ant! specif icat ions must be submni cteu to tee heview Committee, And, upon l?e view Co:imi tt ec anproval , construction slia ii be start

anu prosecuteci to completion promptly and in strict conforriitY

k: 4580

761 to such approved plans sn3Ii be entitleu to Stop and speciricatioiis. The heview any restrict ions or iiot conforming construction jr violation ofComini to the approved plans ann the specifiction. Any such exterior alteration itcue

or change or application addition dpcJr'D'/ai otiriedaituout naving been naue one as provhed above shall befirst violation of this eamed covenant he in and the original con Jition at the may be required to beto restorea evi ew Choni tt cc fails a i thin owner1s cost. in the event tni rty (30) nays In liowinc; the SUL:uii ssiou to i300rove cii porove vrit ing, approval ai 11or ans arid necif I cat ions he ueemed top1 ir have been scrantec 2.. elans and :neci ficacions wi LI be arcoitect. fhe archi oreparec by a qualified tect subni :tinq the writ inn triat Oc nas vlsitecj rust state in is faniliar existIng site couditlons. the site anti plans itn all

P. All structures lust he built olans eric to couply suostantially with as approved by the Peview nefore any specifications residence may be

t

Commi ttee ant.

rinishea anti a Certificate ofoccupied, it must be completely eview Conmittee. Completion must he issued by toe U. do ainJo air conditloninti prior written euoroval unit shall be instalica without t of the devieo Co.-ii ttee. J, j\iQ lOt onor can coange lot without toe prior writtenthe drainaoe plan of his or any othe approval of the Peview Committee. I. All television antennas and other antennas and aerials ow locatea ins lee tue or under roof, unless shall expressly pertcted oyattic the device otherwise Co::inittee in writing. U. Notwi tustanaing any ot ner provision of this oevaloser nay fron tine to Line grant written Ceclarat ion, purpose of exempting, wholly waivers for the huiiJers and developers from or partially, highly competent tnroucih (P) of tots Paragraph the requirements of Sections (A) sole discretion that suc'i 2 basea on a finding in or portion thereof Developer' requirea ir order to attainreview the objectives is not :$ucn wai 'er, i 1 grar of Led, will he pe rsonal this Declaration. except tuat toe recipiant to the re c mi cot thereo: suds idi wry corpora Li on ormay transfer the to waiver to any parent oi to the torA(oinp, any aff iii atad waiver will net run with corporation. Subject exempt successors such the Lana nor in title of the recipient of the waiver ercoitectural reiei roqui rements fron the hereof. 3. Only one vata dee 11 lug .iaI htairieu on any un be private ciwellinu one lot, but moreshall constructed, than one erected, placed or lot nay be used for one 4, 10 Ouilujnn shall be located on any lot nearer than twenty—five —U--

k: 4580 762

Each huildinc shall have to (2) side (2u) fee; to the front lot line yaras, eaco of anico snail have a niniium width of seven and one neff (7 1/2) feet, bxcep t;iat as to corner lots the :iinlrium set—beck of the out Idirin froii eaco street ripnc—nf—way snail bE. tventy—f1ve (25) feet ahe lung snail be located nearer than twenty C 20 feet to the rear lot line. bxcept for uccorative a 11 s and euges not exceeding a height of four (4 feet L:etveeri tue front lot line and the iinimum cuilding secbac line, no fence, bnunuary ua ii or nedge of any type shall be permi tted nearer then twenty—ti ye C Pu) feet to the front lot line k-ences, hounnar t in re iunt no nearer than 1 < C 0) r s in i 'td( es n il rio tCflLV—Tl ye Cab) feet

to the front lot line

No builuin shall be erecteu, aitercu, placeu or pernittec to reiain on any lot or bu lUng olot other than one detached sinole—family ue lung, not to exceen to ann one—oaif (2 1/2) stories in height, ann pri vete pare )8 and/or carport for not nore than three (3 cars. u.

6.

No structure of a tenoorary nature or character shall be used a

resloence. if a Jeuacheu garage or outbuilcing is built, either si:lul tuneousi y vi to or sbse:uent to the erection of the-dwell ing house, the same snail be of the same wino of materials as the construction of ti dye lii ncr and snail be suoscantial and shall conforu architecturally with the uve 11 inn house ann be ar)jroveci 1.

do noxious, illegal or offensive acUiity shall he carried on Ui

d.

do nuiluing or structure shall be moved onto any lot or parcel

any lot nor snal 1 anytning ue done or anything be had or maintained therf ihi ch may oc or becomie an annoyance or nuisance to neighbors.

within the Lan-i, it being toe intent of this declaration that any and a U ouiluinps or structures on aiiy part of the Lonu shall be constructed thereon and peiumduiently a ttaced thereto.

do enimials livestock or poultry or any kind shall be raised, bi 9. or kept on any lot, except tnat Cogs, cots and other riouseholci pets, not including horses, may be keot, provided that they are Pept in accordance with any leaso la or applicable statute and that they are not kept, bre or :iainteine'J 1-or any counerci al purpose.

Jo sian of any kind shall be displayed to the public vie' on nn 10. lot or in any public ripnt—of—ay or any conmon area in tne Project, exor that Lnere way ue one C ) si nole or douhle face sign of not more than si o) scuare feet per face placeu on the Lot only auverti sing the property for sale or rent; also, such signs as are used by builders or their agent

: 48O 763 to onverti se toe property during the construction and sales period are exept ro: this rusLrlcLiOfl.

tois Declaration oi CoVenants Conditions and any grovi sions hereof shall be by rocenninqs at laa or -es triction5 or equity against any person or persons violating or atteopting to violate 1.

:nforcenen c. or

.

e

covenant condition or restri crion contained here in either to restra in violation or to recover aa:ages ai lure of tne Leveloper or any ()aner t enforce any c o'enant or restrict ion herein contained shell in no event ne ueer:leu a oivar of tee ri ht to do so thereafter. Any person owning a Lc inCiUnIng ec larant , shell have the rigIi to seec enforcenent of this ueclnratinn as herein providen.

Dec lni-ant snaIl not in any any be held liable or responsible for 2. any violatIon of this Declaration of Covenants, Conditions and destrictic OY any person other tnan itself • ann L)eclarant shall not in am! oay he hE liable or responsiui.e for the enforceiuent of the covenants, connitions ar restrictions containea herein. None of tOe foreooinq restrictions shall auply to toe I2eciarant iurinn the period of construction of the inprovenents on toe Lots.

All of toe rights ann poners of the Developer hereuncer shall IJ. ex':enn to its successors and assians.

toe floor area of toe nain structure of any sinc;le—story dwe llir 14. on Lde property cescribed in tnis Declaration shall not he less than one

thousand seven hundred ( I /00) square feet exclusive of open porches, garages or carports . the total floor area of tao—story daellins snail r oe less tnan one chousana eit'ic hundred (1 600) snuare feet, exclusive of open porches, garages or carports, ann the total floor area of toe first

floor of too—story dee tlins snaIl not :e less than nine hundred (00) square feet, exclusive of open porcnes garages or carports.

lb. No owner of any lot on ahich there exists cypress heac or a portion tnereof she ii alter or danage said cyoress head or any nortion thereof in any way. 16.

Ntreet uailboxes shall be of a tyne consistent aith toe charact

of thede lupent and son 11 lie placed and maintained to compl inent the ciouses in toe nelsnhorooou . At sucn tlOC US door postal service is nvai Ion le, owners sna 1 ne renuired to have noi hcxes a ttacned to the OU] ue 11 inn stricture od street no I lboxcm s shall he removed it bin ten ( I 0) days or coanence:uemit of sucn door pos tel ser'ii ce 17

the oner of any lot shall no i and icint ain his lot or lots, so —

REC.JUG '(tJc not to detract fron toe value or anpearance of the surrounu log area0

In

the event ani oWner of a lot or lots shall fail to now and maintain his ] or lots to meet reas'naole requests of toe Developer, the Developer shaid nave the ricnt at its otlon , to now arid naintal n such lot or lots and oner thereof shall be liable to the Developer for any and all cost for uaiOtCinl no and/or lowl no sal ci lot or lots Any sun owino to the Develop under tols pararopti shall bear interest at the naxi:aun rote allowed un-h the lacs of cne htate of elorida, snail be a lien aainst toe lot, toe Developer shall be enti tied to enforce sal-i lien by foreclosure or otrierise ani the lot ovlner shall be responsible for and nay all costs9 loclunina reasonanle attorney fees9 incurred ny Developer in collecting 5010 sui or enfonc;ine said lien, 1 d,

Juts ide clotheslines are prohlbi ted.

ho commercial venicles of any type shall be pernitted to remain 1 1P. overnight on any lot eithin the development unless kept in a closed pare'. other than as udy ne used by the Developer or ny a Contractor in conjunct ion ii th oui lou ng ope rot loris

2J. No truck or trailer and no unlicenseo or inoperaulo motor vehic of any tind shall oe periitted to remain overnight on any lot or lots unless iept in a closed cioraCe, No house trailer or obile home shaLt bE permi tLeJ to stay on any lot or public right—of--vay. No boat, boat trail er, c :nlper, motor— cycle, motor hone, travel trailer or other such /etiicle, trailer or vessel snail be perni Lted to stay on nor shall repali

be effected on sane on a public rioht—of—way or on a lot unless permanent enclosed fran 1 lew of otner lots, any street and/or common area

Developer or any builder or their acients engacied in any sale of lots .ithin saip subdivision or in the construction of improvements ther may maintain within the subdIvision temporary sales or construction offices, for a period of time reasonably necessary to accomplish the intenoen purpose0 xcept for such temporary sales or construction offici rio temporary structure of any kind shall be erected or placed on any of said property and in no instance shall more than one deelling or resiconc and the necessary oujiouses to a cconnodate the owner or occupant thereof erect en or placeu on any one lot as sheen on the above described plot 22 bxcept with the prior wri tten approval and permission of the hevi e Comnil ttee aid all governmen tal aqericies having jurisdi ct ion, 00 WE srial I ye sun or Un lied on any lot, however, Developer reserves the rio 21

—0—

k: 4580 765

to loca.te wells, pu,ipiriq sta tioris and tanks within residential areas or open space or or any parcal designated for such use in the recoruec plat.

bach owner or a lot or lots shall construct or cause to be cons tructad. at toe tiue of the construction of a nweiiing, a concrete sthewalK tour (4) feet in ninth extenuing across toe entire lot or lots consistent with the reilain log sidewel s in the subdi vision end in a ccordance wi to toe auprova 1 of the Nev iew Comni ttee . Nhere requirea or wnere consistent with the re:iaining sidewalas, the sidewalk shall similarly be conscructen exteriuin toe full depth of any corner lot along toe propert line a
said lien.

110 docks, piers or similar structures shall be constructed by ar 24. lot owner. Utner than developer, no lot owner or resident shall have any 2o. right to :)u or otherwise remove any water froti bodies of water for the purpose of irrigation or other use. No owner or resinent has the right

place rocKs, stories, trasn, garbage, sewage, water discnarae from swirnrlii poo1s or heat inn or air conditioning systems, waste1 water other than

surface dreinag, rubriage, debris, ashes or other refuse in any body of water or upon or across any other lot or any common area or public right. —way.

Upon the completion of any de lung unit, the lawn area on all 26. sines of the Uwe lliriq Unit shall he completely sodded with grass1 J.t beir tne interi t tna t cii coria leted dwe lling units shall be surrounded by a uniform ureen, iu>urienL nod well—kept lawn, 21.

-

No lot owner will ohS truct the ingress to any rpcordwd easement

Any sale or tranfer of any lot shell not affect a-ny lien provid 25. tar herein. Any lien provideu for here in, shall, however, he su1;oroinnt and inferior to tne Ii en of any first /ortn age given to any State or !at iona 1 Dana, any Ftte or 1—eceral Savings and Loan Associat ion, or any State or cecer :jl 5vinas nank. -

—7—

765

2. burning of trash or garbace is prOhibited on any lot efuse or recepcac le s and pumps shall be concealeu witni.n suitable structureS

c

Lots snail be kejt clear of oebris, be reasonably maintained, ci 3D. he1l not uc used for visieie storane of any materials or appliances of

nature

No oL nay we used as -a road or street or he deuicateo as a pub. 31 . road or auree c w I uhout the an ten corisen L or aporoval of Developer.

no wul mint; or other permanent structure shall be erected or 32. nicincalnea on any parc of any area inoicated as "asenent", but the oanei or lats iay erect and iaintain a fence, wall, or heDge alono the propert line vitniri such easement, but sub)ec t at all times to the prior rignt tc

such

area for public or quasi—puolic purposes.

right

is reserved to Lieveloner ano its assignee to locate, construct naintain, or cause to be located, constructed, erected and maintained dthln cne area imuicatea on the plat as "Easement", sewer anc. other pipelines, condui ts, poles and wires and any other methods of conc'iucting or oenrorminu any puol ic or quasi—public utility or function aoove or uarieatch the surface of the orounu, with the riaht of access at any time to the same for the purposes of repair and maintenance. The

erect and

The

Developer she ]J have the right ac any

time to nxtinuisn or vacate st

easeLents uni right—of—icy as to a !.i or any nortion of said property, subject to any amreement regaruiny use of easements which nay be in forc at tnat 33.

tine.

Developer

or tne transferees of Developer shall undertake the

w

all lots included within the suorliVision. The completion that work, anc the sale, rental, or other disposi tion of ms ideot lal uni is essential to the establishment and welfare of the subdivision as an ongoing residential community, In order that such work may be completed end the suudivl'sion be established as a fully occupied residential community as soon as possible, nothing in this dclaration snail he of

Ceveloping

underscoo-:i or construed to: Prevent developer, Developer's transferees, or the employees, a. contreccors , or subcontractors of Developer or Developer's transferees fi coing on any p(rt or parts of toe subcJi vision owned or controlled by L)eveloper or lieveloper' s transferees or their representatives, whatever tue y determine may He reasonwly necessary or advisable in connection wi

the coaplec an of such ork; n. Prevent 3eeloper, Developer's transferees, or the employees, contractors, or subcontractors of Developer or Developer's transferees fi coiscructian

anti

!I1incaLning on any part or parts of the — d—

subdivision

:u

propert' oned or controlled by Developer, Developer-'s transferees, or ir representati yes, sucri structures as nay be reasonably necessary foi the conpi at inn at sucu wor: , the es Lonli sh'nent of toe subdivis ion as a reside. nti1 coh1:luu! ty, and toe disposition of ±ots oy sale, lease, or otherwise Prevent neveloper, )evelope r"s transferees, or the employees, c coritractcrs, or subcontractors of Developer or Developer's transferees f: couuucting on any part or parts of toe subdivision property owned or cnntroile 0/ LJeveIoper or Developer's transferrees or their

representatives toe usiness of copI eLi op such worK, of estal ishing th sudulvislon as a reslueritlal conmunlty, and of isposlng of lots by sale lease or otcierwise or d. reverit Developer, Developer's transferees, or the employees, coitractars, or subcontractors of Developer or Developer's transferees f teiriccinina such sian or signs on any of the lots owned or controlled by any of toew as may be necessary in connection wIth the sale, lease, or otoer disposition of subdivision lots.

As used in this section, the words 'sits transfereesu specifically exclud purcoasers of lots improved with completed residences,

to these restrictions can be made from time to time the public records of dilisborouph County, 1—lorid Jeclarant iereby saves and reserves unto itself the right and privilege nouify anti/or amend this Declaration of Covenants, Conditions anu Pescrictions as Declaranc may in its sole discretion deem appropriate or necessary. fhe moaification anti/or amendment of said Declaration by occiarant shall not require the consent or joinder of any Owner of any L 34.

Amendments

fill na an aweridnent in

other than Declsrant ncr the consent or joinder of any Institutional ortgaqee na/log an interest in any Lot. This right and privilege to modi fy ann/or amend said Declaration shall terminate and become null and Void heo Dec lairanc has sold all of the Lots governed by said Declaratio

35. or the purpose of enhancing and protecting the value, attractiveness and desirability of the lots in the development and to enable anu aid the goal of secure and safe ilvino, all owners of any

portion of the Lana must join and remain members of the Carroliaood Viii Phase III Hoieowners Association arid pay assessnents to Association rEguired by tOe aster Declaration of Covenants, Conditions and Pestrictions ror Phase 111 of Curroilvood Village, which Declaration is recnraeu in Plat Dou 36d4 Page 2V4 316 of the Public i?ecoras of ni lisuoron h County, i— larida and is hereby nae apart of anti included in this Declarat ion by reference, —

f\tW. J'JtJ

is iT1;: 1EtEut , toe saic UNIILL) eEPIT COOiUIIITI ES has caused :ois uecidrati000i OesL rictiotis end Easenents to be executed by its Partners ann its seal to be hereunto efrixed Lhis7* day of Y& UdiikS; Sole

UI I FEd iE i 1 Cd;,UPITIES. A Florida Qeneral

Jeneral P3rtntrs lob riorida norcoreti Lue J?EUILm

/ iii I h LJN 5

3hIT UL)UP, INC.

A

artnership, by its

t-lorida Corporation, an

-

— u ner

1IL

________ ae r, Eterrori resiuot

Iici

lit

of Slorida, County of il llsborouoh. cersonaily anpeare i .)efore ic, the undersioned authori ty, Michael scaLe

1-?,

ierron, Presiuent of ThE ;ibhlf (UNOUP, INC., O.vner, to ne well koo-n and nown by IIC to ue the person described In and who executed the foreaoin instrui;ienc ann ho acknowleddea the execution thereof to be his free act ann deco as such officer for the uses and purroses herein expressed, and coat be affixea hereLo the seal of sam corporation. ai tness

ty

han i dOd

ofi iciel seal on ttis

da / 01

,

p' .'V1J

a..".

-.

ilctar Nuuilc, 5LdL of rioriad at Lrue

ry Co:i'iission expires

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hitness

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________________ Nitness

AChOviLbLiUbbNT: S tate of Florida, County of Sarasota

Persona Ily aopearen nefore me, the unuersiqneu autoority, Daviu I. uooU, Pres I den c of E- .5.5. COUrOhAfI Oh Owner, to ne well known and known by ne be the person c1escribeci in od woo executed toe forepoinq instrunent and

who acknowiedad the execution thereof to be his free act dfl(1 deco as so officer for tne uses non purposes herein expressed, and thac he affixed nere cc

toe seal or sa Lu corporation. r1ri

Thi

o ici i

ea1

on

OL/FUOii, btcJte Of rioina at Ldr5

/

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—

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rniin

INOT PUb SO Cr FLOlDA MY COM

T L ROE

OH EXPIREs JULY 22 1915 BONDED THRU GENPL INS UINDER'VR t

EXJIB11

'A

L: 4580

769

[±UAL UL; IT JUN ()1 NOIEUATL NUr3 Locs I —4o, bc.ok 57,

3Ioc1 I aod LoLs 1—23, h1oc 2, tonegate, as recoroed in

ae 2u,

i-ubiic ecords of di iisborouch County Fiorida

Pii

RECEIVED APR 15 1991 LAW OFFICES

BECKER & POLIAKOFF, P.A. BOCA RATON

FORT MYERS

CLEARWATER ST. PETERSBURG

TMWA

BARNETI BANK PLAZA 1150 CLEVELAND STREET, SurrE 420 CLEARWATER, FL 34615-6933

GARYA. POUAKOFF ALAN S. BECKER ROBERTJ. PkANNE ALAN E. TANNENBAUM ANThONY A. KALLJCHE DANIELS. ROSENBAUM

ADMINISTRATIVE OFFICES

FORT LAUDERDALE, FL 33312-6525 FORT LAUDERDALE (305) 987-7550 FLORIDA TOLL FREE (800) 432-7712

CLEAR WATER, FL 34617-2823 CLEARWATER (813) 443-3781

TAMPA (813) 874-7550 FLORIDA TOLL FREE (800) 422-6894 FACSIMILE (813) 443-4079

CI-LARLES N. TETUNIC RICHARD H. BRETr

NAPLES

ORLANDO

WEST PALM BEACH REPLY TO

EMERALD LVEE CORPORATE PARK 3111 S1YRUNO ROAD

P.O. Box 2823

SHARON A, WEBER GARY C. ROSEN ALLEN M. LEENE LEE H. EURO ROBERT L TANKEL

MIAMI

HOLLYWOOD

SARASOTA

C L ear i ate r

April 12, 1991

PMRTIN I. JAFFE MICHELE G. MILES HERBERT 0. BROCIc. JR. JOSEPH E. ADAPIS

KEmI F. BACKER ALUSON K. BETHEL JOEL B. BLUMBERO MICHAELJ. BRUDNY KATHLEENM.BURGENER C. JOHN CHRISTENSEN

JOHNA.COLTON

ROSAM.DELACAMARA KENNETHS.DIREKTOR JENNIFER BALES DRAKE

dfiOllWOOd

Village Phase III

Homeowners Association, Inc. 4131 Gunn Highway Tampa, FL 33624

CHRIS ALAN DRAPER

GARYM.GLASSMAN ELLEN 0. HIRSCH

ATTN: Dan Ruskiewicz, Mgr.

GARY 0. HONIG RICHARD M. HOPEN HAROLD E. KAPLAN

ROBERT L KAVE HECTOR B. LORA

Re:

CHADM. MCCLENATHEN DONALDM.McGETRICK EVELYN M. MERCHANT BENNE1T L RABIN DAVID H. ROOEL

RANDK.ROGER

Dear

Original Recorded Amendment and Easements of Stonegate

to Deed Restrictions

Hr. Ruskiewiz: .

ROBERT RUBINSTEIN

EUZABETH L TRUNDLE

PAULLWEAN MICHAEL R. WHrFT LYNNSWKPSON WOODS

Enclosed herewith, please find the above—referenced recorded documents.

ANNE E. ZIMEr OF COUNSEL KAYLATONA GEORGE WEINBAUM ADMrrrED TO PRACTiCE

Please file this original Amendment in a safe place

within

the permanent records of the Association.

As always, should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely yours,

ROBERT L. TANKEL

For the Firm

RLT/mct

Enclosure cc:

Board of Directors

62:orAoE111 AIVIENDMENT TO DEED RESTRICTIONS AND EASEMENTS STONEGATE

a set of deed restrictions and easements for Stonegate was recorded among the Official Records of Hilisborough County, Florida at Book 4580 at Page 759 et. seq. which applies to Lots 1 - 46, Block 1 and Lots 1 - 23, Block 2, Stonegate, as recorded in Plat Book 57 at Page 20, of the public records of o Hilisborough County, Florida; and o WHEREAS,

WHEREAS,

0

10

United Merit Communities, a Florida General

Partnership ("Developer") reserve the right to amend the set of Deed Restrictions and Easements for Stonegate ("Deed Restrictions");

and WHEREAS,

Developer desires to amend the Deed Restrictions

in accordance with Paragraph 34 thereof; NOW THEREFOR, Developer amends the Deed Restrictions as follows:

Throughout the Deed Restrictions, notwithstanding anything to the contrary contained therein, the obligations of the Review Committee shall be passed on to the Board of Directors of Carroliwood Village Phase III Homeowners Association, Inc. at the conclusion of sales of all Lots subject to the Deed Restrictions by Developer. At that time, Carrollwood Village Phase III Homeowners Association, Inc. ("Association") shall have the authority and obligation to enforce the provisions of the Deed Restrictions relative to the Architectural Review Committee, and shall furthermore have the right and power to enforce all provisions of the Deed Restrictions. In any action to enforce the terms of the Deed Restrictions, the prevailing party in such action shall be entitled to recover its attorney fees and costs. IN WITNESS WHEREOF, the Developer is here and to set its

hand and seal this ACHARD At(E

i9Lday of February

, 1991.

uNITED MERIT COMMUNITIES, A FLORIDA GENERAL PARTNERSHIP, BY ITS SOLE GENERAL PARTNERS: BAY TO BAY DEVELOPMENT

/ ___ _______ bert L. War4e1d GROUPC. ,/

\V i tn e ss e 5:

By:

/1

(SEAL)

',President

rn O L Esq.

L. r U1

rLoff P

Suite 420

34615693

(51

(5)

623OPt6Elll4 STATE OF FLORIDA

)

ss COUNFY OF SARASOTA

)

BEFORE ME, the undersigned authority, personally appeared RobertL.__Warfield —, to me known to be the President,

respectively, of BAY TO BAY DEVELOPMENT GROUP, INC., and he/she

severally acknowledged before me that he/she freely and voluntarily executed the same as such officer, under authority vested in him/her by said corporation. WITNESS my hand and official seal in the County and State

last aforesaid, this_±'_day of fY_,

72

1991.

Noiary Public

My commission expires: FSS CORPORATION, A FLORIDA CORP' TI N

I

BONDED TURU GENERAL INS. UND.

BY:jZL4

TNESSES: -

SATE OF FLORIDA

)

Ss COUNFY OF SARASOTA)

i

BEFORE ME, the undersigned authority, personally appeared T-.Il ç .-;,-I o IflC known iu D tuC rIiucu&., I respectively, of FSS CORPORATION, A FLORIDA CORPORATION, and

he/she severally acknowledged before me that he/she freely and voluntarily executed the same as such officer, under authority vested in him/her by said corporation. WITNESS my hand and official seal in the County and State

last aforesaid, this l9thday of ary

Notary Public My commission expires: CTARY PUBLIC STATE OF FLORIO

1? CONMIsS1 EXPJUN 16 IONOED THRU GENERAL

19

1R5. UNO

I

,

1991.

Dl/1flioAJL /-IE4i L)/UITT7JII DECLARATION OF

COVENANTS, RESTRICTIONS AND ASSESSMENTS FOR VILLAGE XIX, ICARROLLWOOD VILLAGE, PHASE III

PREAMBLE

OFF.flr'

RE±JItJ rE WHEREAS,

this Declaration of Convenants, Restric-

tions and Assessments (Declaration) is designed to protect and maintain the integrity of the Developer's grand design and the security of the homeowners' investment, and

WHEREAS, THE BENJAMIN GROUP, INC. as the Developer and Owner of the lands described herein has deemed it desirable for the preservation, protection and enhancement of the

values and amenities in VILLAGE XIX, CARROLLWOOD VILLAGE, PHASE III, and to insure the residents' enjoyment of specific

rights, privileges and easements in the community properties and facilities that this Declaration be executed and recorded in the public records;

NOW THEREFORE, the Developer declares that the real property described in Article II is and shall be conveyed and occupied subject to this Declaration as covenant running with the land.

[11[J[ I I31idI3

R,card Verified

Jamea. . Taylor, Jr. Clark of all Courti

I DEFINITIONS

By Depot Clerk

The following words when used in this Declaration

or any supplemental declaration shall have the following meanings. i.

village XIX, Carrollwood Village, Phase III,

Subdivision or Subdivision shall mean and refer to all existing properties and additions thereto which are subject

to this Declaration and any supplemental declaration under the provisions of Artic,1.iIheTeof.

JAMES F. TAYLOR JF CLERI( CIRCUIT CouRt DEPT

IIILLSBOROUGfI Co. 1/4MPA EL 3354.5

/

fleturVto:

.J

WILLIAM RAMBAUM, EEOUUE 1000 N ASHLEY MOVE, SM [500 TAMPA, FLORIDA 3.i3i2

ii•it ,iI:,.1[fl 4Il B:,IT,lt IIIIL L'i.j

V), r':

I' jji ll '/I

11 MI.

ilL4 MHH 23M!Iill

Association or Homeowner's Association shall

2.

mean Carrollwood Village Homeowner's Association, Inc.

Architectural Committee shall mean and

3.

refer

to a standing committee of THE BENJAMIN GROUP, INC.

4.

refer

Area of Common Responsibility shall mean and

to the common area together with those areas and

improvements if any, upon a lot, the maintenance, repair or

replacement of which is the responsibility of the Association.

Common Area shall mean all real andpersonal

5.

property now or hereafter owned by the Association for the

common use and enjoyment of the owners including the Green Belt Wall, lake and lake bank. Developer shall mean THE BENJAMIN GROUP, INC.,

6.

its successors and assigns.

Lot shall mean and include each parcel of land

7.

duly recorded and identified by plat of the Subdivision intended or designed for the construction of private dwelling units.

Member shall mean and refer to members of the

8.

Carrollwood

Village Homeowner's Association.

9.

Owner shall mean and refer to the record

owner, whether one or more persons or entities, of the fee simple title or beneficial use of any private lot situated within Village XIX, Carrollwood Village, Phase III, Subdivi-

sion, but-shall not include mortgagees unless the mortgagor

has acquired title by foreclosure or deed in lieu of foreclosure.

II.

PROPERTY OWNERS' RIGHTS 2.1

Each owner shall have all rights and title of

a fee simple owner of real property with respect to any lot

—2—

89

owned and may exercise full proprietary interest herein sub— ject only to the covenants contained in this Declaration and any other conditions voluntarily contracted.

2.2

41i6

'n

Common Area Rights. All common area rights

shall be governed and controlled by the provisions of the Carrollwood Village Homeowner's Association. 2.3

Guests and Invitees. Each owner, subject to

the restrictions of the Association By—Laws, may delegate the

owner's right to use and enjoy the common area facilities to family members, tenants, social and business invitees. 2.4

Existing Property. The real property which

is and shall be held, conveyed and occupied subject to this Declaration, is located in Hilisborough County, Florida and is more particularly described as follows:

Blocks 1, 2, 3 and 4, VILLAGE XIX, CARROLLWOOD VILLAGE, PHASE III, as shown in Plat Book 54, Page 44—1, Public Records of Hillsborough County, Florida.

III.

RESTRICTIONS UPON INDIVIDUAL USE FOR THE COMMON GOOD 3.1

Single Family Residential Use. No building,

structure, or improvement shall be constructed, erected, altered, placed or permitted to remain on any of the lots within the Subdivision other than single family dwellings and

customary -appurtenances designed for occupation by not more than one family and its domestic servants. 3.2

Lawful Use. No part of the Subdivision may

be used for any purpose tending to injure its reputation, nor to disturb the neighborhood, nor occupants of adjoining prop—

erty within the Subdivision, nor to constitute a nuisance,

—3—

JO

nor in violation of any public law, ordinance or regulation

:4tI6

in any way applicable thereto.

3,3

rr

None of the lots shall be

Commercial Use.

used in any way directly or indirectly for any business, com-

mercial, manufacturing, mercantile, storing, vending or any

other purpose incompatible with single family residential use,

3.4

Maintenance. All buildings and other struc-

tures within the Subdivision and each portion thereof shall at all times be well and properly maintained in good condi-

tion and repair by the owner thereof. No windows shall be covered with aluminum foil or other materials not designed

for such purpose. All landscaping of every kind and character, including shrubs, trees, grass and other plants, shall be neatly trimmed, properly cultivated and maintained contin-

uously by the owner thereof, in a neat and orderly condition and in a manner to enhance its appearance. 3.5

Parcelizing.

No lot shall be expanded or

divided to accommodate more than one building site per full lot.

3.6

Design.

The design of all buildings which

shall be erected or moved onto any lot will he subject to the

approval of THE BENJAMIN GROUP, INC. Upon written request by

lot owners for approval of plans, THE BENJAMIN GROUP, INC.

will have thirty (30) days to approve or disapprove plans. Failure of- THE BENJAMIN GROUP, INC. to act within thirty (30)

days from receipt of definitive plans of the proposed improvement shall result in the plans being deemed approved

the design of the proposed building is in harmony with the existing structures in the section and the owner maintains proof that the plans were delivered to THE BENJAMIN GROUP, INC.

After March 1, 1983, THE BENJMAIN GROUP, iNC. may

—4—

OFF,,qA

-

REC,L1..L16

92

charge a reasonable fee not to exceed $50.00 to review plans. The fee shall be established by THE BENJAMIN GROUP, INC. 3.7

Time for Construction. If the purchaser of a

lot, his or her heirs, successors or assigns do not erect a dwelling upon the lot purchased within three years from the date of original purchase from THE BENJAMIN GROUP, INC., THE BENJAMIN GROUP, INC. shall have the right to repurchasing the

property at the price paid by the owner plus interest at the rate of six (6%) percent per annum. 3.8

Roofs.

No projections of any type shall be

placed or permitted to remain above the roof of the building

with the exception of one or more chimneys or vent stacks.

No outside television or radio pole or antenna or other electronic device of any kind whatsoever (including Satellite

receptacle) shall be constructed, erected or maintained on any building nor on any property within the Subdivision or connected in such manner as to be visible from the outside of

any building unless and until it has been approved by THE BENJAMIN GROUP, INC. in writing. 3.9

Temporary Buildings and Building Materials.

a. No shed, tent or temporary building shall

be erected, maintained or used on any property within the Subdivision; provided, however, that temporary buildings for use and used for a reasonable time only for purposes inciden-

tal to the initial construction of dwellings on any property

may be erected, maintained and used, provided that such

erection, maintenance and use has been approved by THE BENJAMIN GROUP, INC. and provided further that said temporary

buildings shall be promptly removed upon the completion of

such construction work and issuance of a certificate of occupancy.

b, No lumber, brick, stone, cinder block,

—5—

RFC.±ij[)

concrete or other building materials, scaffolding, mechanical devises or any other thing used for building purposes shall be stored on any lot, except for the purpose of construction

on such lot and shall not be stored on such lot for longer

than the length of time reasonably necessary for the construction to completion of the improvement in which same is to be used.

3.10 Garages.

a. Each house shall have an enclosed side entry two (2) car garage.

Garages may be in the front or

side yard and if so are subject to the same set—back require-

ments as the house proper. All garages must have a suitable working device which will enable the automobile operator to open and close the garage doors conveniently without leaving the automobile.

b. When garages are not in use, garage doors

shall be closed. Garages shall be used only for the purpose of parking automobiles, hobbies and storing an owner's house-

holder goods. Except for corner lots, no garage door shall face the street shown on the plat.

3.11 Vehicles. No mobile home, boat,

truck,

trailer or recreational vehicle of any kind shall be kept, stored, parked, maintained, constructed or repaired, on any

property within the Subdvision in such a manner as to be visible from any neighboring property.

•3.12 Animals. No animals,

fowl,

reptiles or

poultry shall be kept within the Subdivision, except not more

than two domestic dogs, cats, or birds may be kept as household pets provided that they are not kept, bred or raised thereon for commercial purposes. All animals permit-

ted to be kept by this paragraph shall be kept on a leash within the Subdivision when not within an enclosed area of a

—6—

i'

OFF.A1ic REI.L±J. 1JJ fr

lot. 3.13

Subdivision

Signs.

No signs are permitted in the

except upon the express written permission of THE

BENJAMIN GROUP, INC.

3.14 Rubbish. No weeds, rubbish, debris, objects

or materials of any kind shall be placed or permitted to accumulate upon any property within the Subdivision if it renders the property unsanitary, unsightly, offensive or det-

rimental to any other property in the vicinity.

Trash,

garbage, rubbish and other waste shall be kept only in

sani-

tary containers, All rubbish or garbage areas, and sanitary

containers, and storage piles on any property within the Subdivision shall be enclosed or fenced in such a manner that

the areas, containers and piles will not be visible from any

neighboring property or street.

Sanitary containers and

bundled trash may be set out for a reasonable period of time before and after scheduled trash pick—up times.

3.15 Clotheslines.

Clotheslines are not permit-

ted.

3.16 Mail. Street mailboxes shall be approved by THE BENJAMIN GROUP, INC. and be of a type consistent with the

character of the Subdivision and shall be placed and maintained to compliment the houses in the neighborhood.

3.17 Window Air Conditioners. No window air con-

ditioning units shall be installed without prior written approval of THE BENJAMIN GROUP, INC.

3.18 Ancillary Equipment.

All oil tanks, bottle

tanks, soft water tanks, pumps, condensers, wood piles or other ancillary equipment shall be suitably screened so as not to be visible from the street or any adjacent or nearby lots,

3.19 Electrical

Installations.

—7—

All

service

:4tiIf lateral

entrance installations, or that portion thereof

served by said underground electrical distribution system, shall be installed underground and maintained in accordance

with the specifications of Tampa Electric Company for such installations

3.20 Damaged Structures.

The erection of a new

dwelling or structure, or the repair of any dwelling or structure damaged by fire or otherwise on any lot shall he completed without unreasonable delay. Should the owner leave

a dwelling or structure in an incomplete condition for a period of more than six months, THE BENJAMIN GROUP, INC. after reasonable notice to the owner by registered mail, giving an opportunity to be heard, may remove the structure

from the premises or complete and repair it in a manner deemed proper in the discretion of THE BENJAMIN GROUP, INC.

In either event the expense so incurred shall be a lien against the lot enforceable in the same manner as other liens.

3.21 Fences, Hedges and Landscaping.

All land-

scaping plans including fences and hedges must receive prior written approval from THE BENJAMIN GROUP, INC. before imple— mention.

3.22 Use and Protection of Lakes. No person may use a boat over 12 feet in length on any lake or waterway. No mechanical power for boats is permitted.

•3.23 Boundry Wall.

When developer constructs a

wall or fence ("Boundry Wall") along the right of way of Sussex Way and abutting or located on the property lines of

Lots 1, 2 and 3, Block 1 on West Village Drive; Lots 1 and 6, Block 1 of Sussex Way; Lots 1 and 7, Block 2, Lots 1 and 6, Block 3,

and Lots 1 and 16, Block 4 on Sussex Way, the

Carrollwood Village Homeowner's Association shall maintain

—8--

RFc.flf and repair at its expense the exterior, street facing surface

All other maintenance, repair, and

of such Boundary WalL

replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respec—

tive lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall

as bounds such lot. The obligation of such owners shall not

be affected by the fact that the Boundary Wall may be only partially on the lot, and partially on the right of way. No

lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall.

Similarly,

no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the interior surface or top of such Boundary Wall. If any lot owner shall fail to undertake any maintenance, repair, or replacement as

required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days written notice.

3.24 These restrictions may be enforced by THE BENJAMIN GROUP, INC. and by any person or corporation otherwise entitled by law to enforce same.

3.25 The ground floor living area of the main dwelling shall be not less than Twenty Five Hundred (2,500)

square feet for a one story dwelling and Thirteen Hundred (1,300) square feet for a two story dwelling with a total of

not less than Twenty Five Hundred (2,500) square feet for both floors combined, exclusive of garages, covered walks and

open porches unless otherwise submitted and accepted by approval by THE BENJAMIN GROUP, INC. if lot, home value and

improvements shall be sufficient to allow different square footage requirements.

The height of any building shall be

_9.

[::4116 p J7 riot more then two full stories above the required minimum elevation. The main roof of the dwelling shall have a pitch of not less than 5 to 12 feet, unless a substitute therefor is submitted in writing and approved by THE BENJAMIN GROUP, INC. A house proper may not be closer than twenty—five (25) feet to a rear plot line nor closer than thirty (30) feet to a front plot line.

3,26 All houses constructed in said Subdivision shall comply with all governmental regulations and statutes concerning set back requirements for the front, side and rear of the residence.

3.27 No fence or wall of any type shall be erected

on any lot or building plot unless such fence or wall is

approved by THE BENJAMIN GROUP, INC. or its assigns, in writing prior to the commencement of construction.

THE

BENJAMIN GROUP, INC. or its assigns, reserves the right, in its sole discretion, to approve or disapprove any such proposed fence or wall.

3.28 No such approval specified in Paragraph 3.27

hereabove shall be given for the construction of any fence wall of any kind having a height of more than six (6) feet in

any side or rear yard, or more than four (4) feet within thirty (30) feet of the water on any waterfront lot.

3.29 Fence walls shall have appropriate pilasters and caps.

Fence walls parallel and close to streets may be

required to meet aesthetic standards as established by THE

BENJAMIN GROUP, INC. which standards are not necessarily required of fence walls more distant from streets. Properly designed wrought iron fences may be approved.

Steel fences

of a chain link type will not be approved. Wood fences will be approved only if of high quality construction and design.

3.30 If any governmental authority prohibits a

—10--

REC.tJLU rt

fence wall as high as the height stipulated in these restric-

tions, the fence wall so stipulated shall be the maximum height allowed by such governmental authority.

3.31 If brick construction is contemplated, brick not less than three (3) inches thick over a frame stud wall

will be considered a masonry wall. Wood trim is permitted where normally used.

At least fifty percent (50%) of the

area of the first story finished floor of the house shall be

not less than sixteen (16) inches above the footing. Drive-

ways may be of either brick, concrete or bomenite. Written

approval of THE BENJAMIN GROUP, INC. is required prior to commencement of construction.

Gravel type roofs may not be

used except on flat roof surfaces.

3.32 At the time of the completion of each house, the owner, at his expense, shall construct a sidewalk at the right of way in front of his lot to the specifications of the

Hillaborough County Engineering Department. In the event the

owner fails, for any reason, to construct said sidewalk at the time the house is completed, THE BENJAMIN GROUP, INC. is authorized and empowered, in its discretion, to install said

sidewalk and in that event the expense so incurred by THE BENJAMIN GROUP, INC. shall become a lien against such plot, enforceable in the same manner as a mortgage lien under the

laws of the State of Florida.

The owner shall also be

responsible for the payment of all utility fees, including water and -sewer hook ups.

3.33 All air conditioner compressors shall be screened with shubbery so as to be wholly or substantially not visible from a street or any other plot.

3.34 Each plot shall have at least three (3) trees

in the front yard, each with at least five (5) inch trunk diameter.

—11—

9t3

un,

p 99

REC.

3.35

Each plot shall be attractively landscaped

with not less than sixty (60) plants, which shall be at least

equal to Florida Number One Grade as specified by the Grades

and Standards Law of the Florida Department of Agriculture,

and each of which shall not be less than two (2) feet in height. Hedges, shrubbery, or trees within thirty (30) feet of a waterfront boundary must not be of such height or density as to unreasonably obstruct the view of the water from adjacent plots.

Each plot shall have at least three (3)

trees in the front yard, each with at least five (5) inch trunk diameter.

3.36 All lots in the subdivision are also subject to the terms and provisions of the Master Declaration.

All

lot owners automatically become members of the Carrollwood

Village Homeowners Association, and are subject to the Articles of Incorporation, By—Laws and rules and regulations

thereof in effect from time to time. Pursuant to the Master

Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a

lien on the owner's lot.

Each lot owner, by the acceptance

of a deed or otherwise acquiring title to a lot thereby does

agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby.

.3.37 Each lien established by these Restrictions shall be subordinate to a bona fide mortgage which has been given in good faith and for value by any owner against whose

property in Vilage XIX, Carrollwood Village, Phase III Subdivision said lien attaches as aforesaid if such mortgage has been recorded prior to recordation of the Notice of Lien referred to hereinabove.

—12—

r :100

3.38

Swimming Pools. Swimming pools shall not be

nearer than ten feet from any lot line and must be located to

the rear of the main building unless a different location is authorized in writing by THE BENJAMIN GROUP, INC.

3.39 Sprinkling Systems. All lots must have 100% underground sprinkling coverage in operable condition.

3.40 Excavation,

No elevation changes shall be

permitted which materially affect the surface grade of surrounding lots.

3.41 Post Lanterns.

Every lot must have an

approved front post lantern located in the front of the lot.

The location of such front post lantern shall be designated on the plans and specifications required to be submitted to THE BENJAMIN GROUP, INC.

3.42 Hardship Waiver. THE BENJAMIN GROUP, INC. is

authorized to grant hardship waivers to lot owners in the event the strict application of these restrictions presents a bona fide hardship.

3.43 Right to Maintain Lots.

There is hereby

reserved a right and easement, upon, over, through and across

the subdivision at any reasonable hour for the purpose of maintaining or landscaping the lots.

Such maintenance and

landscaping may include regular removal of underbrush, trees less than two inches in diameter, trash or debris; the plant—

ing of grass, trees and shrubbery, watering, application of fertilizer, and mowing.

The foregoing right and easement

shall apply to the entire lot until a residence is construct— ed on the lot.

3.44 Design Approval by Developer.

THE BENJAMIN

GROUP, INC. reserves the right to maintain exclusive architectural control for the Subdivision,

The purpose of architectural control is to

—13—

REL'±IL[) P

assure that the residences and other improvements in the Subdivision as a whole will preserve a uniformly high standard of construction that is attractive and harmonious. The

basic

architectural control for regulation of all lots is

vested in THE BENJAMIN GROUP, INC.

The power to regulate

vested in the Developer shall include the power to prohibit those buildings or improvements found to be a) inconsistent

with the provisions of this Declaration, or the aesthetic design or quality intended to be created and preserved here-

by, or b) detrimental to the value and desirability of the

Subdivision as a residential community with exclusive, unique, and desirable qualities

No building, structure or improvement shall be erected, constructed, placed or altered on any lot until the owner of the lot shall submit in duplicate complete Plans and

Specifications for such building, structure and/or improvement and a detailed Site Plan showing its proposed location,

and the Plan and Specifications and detailed Site Plan have been approved in writing.

The approval of said Plans and

Specifications may be withheld not only because of noncompli-

ance with any of the specific easements, covenants, conditions and restrictions of this Declaration, but also by reason of the reasonable dissatisfaction with the landscaping or

grading plan, the proposed location of the structure with

respect to topography and finished grade elevation, the quality of workmanship and materials, the type or use of materials, the color scheme, finished design, proportions, architecture, style, shape, height, size, style or appropri-

ateness of external design with the existing or proposed

buildings, structures or improvements located or to be located upon the Property, including the heights, kind and appearance of fences, walls, any excavation or fill, change

—14—

ittil

F?411C rn 102

in

drainage or terrain, planting, utility installation, and

any other physcial change or improvement to any lot, the size, location and materials to be used in the construction of the walks and drives, and the sizes and species of land-

scaping materials, all of which are included within the definition of "improvements as such word is used herein. One set of Plans and Specifications and a detailed site Plan

as finally approved may be retained by THE BENJAMIN GROUP, INC. for their permanent records.

It is the intention of this provision to vest in Developer the power to regulate the appearance of buildings,

and improvements to be located upon each lot, for the purposes herein set forth.

Upon completion of any building,

structure or improvement in accordance with approved Plans and Specifications and detailed site Plan, no changes, alter-

ations, additions, reconstruction, or attachments of any

nature whatsoever shall be made to the exterior of the building, structure and/or improvement or to the lot, includ-

ing that portion thereof not actually occupied by the improvements thereon, unless the same are identical to the original work, without prior written approval in the manner above provided.

All of the foregong approvals shall not be unrea-

sonably withheld so long as such original Plans, Specifications and detailed Site Plan or such change, alteration, addition, reconstruction or attachment, as the case may be,

conforms substantially to, and is in harmony with, the creation and preservation of the general plan of development intended to be created and preserved by this Declaration.

The Developer's approval, disapproval or conditional approval shall be endorsed upon the Plans and Specifi-

cations submitted by the owner, and shall be further

—15--

evidenced

4t1fl 103 by a written instrument executed and acknowledged

by the approver. Such written instrument shall be returned

to the Applicant accompanied by one set of the submitted documents within thirty (30) days after submission.

3,45 Exculpation of THE BENJAMIN GROUP, INC. Developer and Architectural Committee cannot and shall not be

held responsible, for any loss or damages to any person arising out of the approval or disapproval of plans, designs

or construction errors.

Nor shall the Developer or

Architectural Committee be held responsible for loss or damages to any person arising out of noncompliance with governmental land use and building regulations.

III.

GENERAL PROVISIONS 4.1

This Declaration is to run with the land and

shall be binding on all parties and persons claiming under it for a period of thirty years (30) from the date it is record-

ed after which time it shall be extended automatically for

successive periods of ten years, unless (after the first period of thirty years) an instrument signed by two—thirds of the owners of the lots agree to change the covenants in whole or in part as recorded. 4.2

Amendments.

The covenants and restrictions

of this Declaration may be amended by an instrument signed by the Board -of Directors of THE BENJAMIN GROUP, INC. 4.3

Indemnification.

All property owners shall

indemnify every officer and director of THE BENJAMIN GROUP,

INC. against any and all expenses, including reasonable attorney fees, reasonably incurred by or imposed upon any uch officer or director in connection with any action, suit or other proceeding (including settlement of any suit or pro—

—16—

W:41t5

PG

ceeding if approved by the Board of Directors of THE BENJAMIN GROUP, INC.) to which he may be made a party by reason of being or having been an officer or director at the time such

expenses are incurred, The officers and directors shall not be liable for any mistake of judgment, negligence, or other—

wise, except for their own individual willful misconduct or nonfeasance.

The officers and directors shall have no

personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of THE BENJAMIN GROUP, INC. and the property owners shall indemnify

and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnifi—

cation provided for herein, shall not be exclusive of any

other rights to which any officer or director, or former officer or director, may be entitled.

IN WITNESS HEREON, TUE BENJAMIN GROUP, INC. HAS

CAUSED THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO BE EXECUTED BY ITS PRESIDENT AND ITS CORPORATE SEAL AFFIXED THIS 4..DAY OF ____________ ,

CFEL .

OW

1983.

NS, PRESIDENT

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

I HEREBY CERTIFY that on this a3Qday of May, 1983,

the undersigned authority, personally appeared MICHAEL U.

OWENS, to me known as the person described herein and who

executed the foregoing instrument as President of THE

—17—

'104

REC.'kjJD n 1115 BENJAMIN

GROUP, INC. a Florida corporation and who duly

acknowledged the execution of the instrument as such officer

aforesaid for and on behalf of the

corporation

for the uses

and purposes therein expressed pursuant to the authority lawfully conferred upon him by the corporation. 4

.f•

J'r. •

ti/i

IPARY

PUBLIC

State of Florida At My

Commission Expires

—18—

j

Large

±

I

p.

ROE1 E HOUND NT NN DSLA3A!IOU 0 cND&NTS SIcTIONS AND ASSESSMENTS

FOR VWA0E EU, UHOLLWOGD VILZE, PHASE iii THIS AGREEMENT is made and

eifeàtive this

day

1983 by and between THE BENJAMIN GROUP,

of

INC., a FlLrida corporation

its principal place of busi-

with

at 12420 North Dale Mabry Highway, Tanpa, Florida 33618, ISLANDER HOMES OF FLORIDA, INC., a Florida corporation with

ness

its

principal place of business

Highway,

Taepa,

PAWLING, of 13613

at 12420

North Dale Mabry

Florida 33618, and BENJAMIN Dianond Bead

R.

NEGHOE

Drive, ?aapa,.Florida 33624.

WEEREAS, ISLANDER HOMES OF FLORIDA, INC. is the

owner of the following described real property: Lot 3, Block 1 of VILLAGE XIX of CARROLLWOOD

VILLAGE, PHASE III, according to plat recorded Book 54, page 44—1, Public Records of Hillsborough County, Fleridai

inPlat

and WHEREAS, BENJAMIN R. NBilE PAWLING is the owner of

the

following described real

property:

Lot 4, Block

3,

Hillsborough

County, Florida

of VILLAGE XIX of CARROLLWOOD

VILLAGE, PHASE III, according to plat recorded inPlat Book 54, page 44—1, Public Records of

and

Lot 6, Block 2, of VILLAGE XIX of

CARROLLW000

VILLAGE, PHASE III, according to plat recorded in Plat Book 54, page 44—1, Public Records of Hilisborough

County,

Florida.

and WHEREAS, the properties described above, which are

owned by ISLANDER HOMES OF' FLORIDA,

INC. and BENJAMIN R.

NEGXNE PAWLING, are located within the subdivision described

VULAGE XIX of CARROLLWOOD VILLAGE, PHASE III, according to Plat Book 54, page 44—1, Pub1e Records of Ililisborough County, Florida.

:4116 p and WHEREAS, THE BEN.JMiIN GROUP, lNC is

the remaining lots within preceeding paregraph; and

the

owner of

subdivision described in the as DEVELOPER of

WHEREAS, TUE BENJAIUN GROUP INC

said subdivision, has determined that it would be in the best

interest of all future owners of the lots within said ubdi vision if all of said lots were subject to the terms and pro— visions of a Declaration Assessments; and,

of Covenants, Restrictions and

WHEREAS, TUE BENJAMIN GROUP, INC.

has

prepared a

DECLARATION OF COVENANTS, RESTRICTIONS AND ASSESSMENTS FOR

VILLAGE XIX, C&RROLLWOOD VILLAGE, PHASE III; and WHEREAS,

ISLANDER HOMES OF

FLORIDA, INC. and

BENJAMIN R. NEGROE PAWLING, believe that the value of their

properties would be increased by being subject to the terms and provisions of the DECLARATIONS OF COVENANTS, RESTRICTIONS AND ASSESSMENTS FOR VILLAGE XIX, CARROLLWOOD VILLAGE, PHASE

III Ihereinafter

referred to as the 'ECLARATION);

and

WHEREAS, THE BENJAMIN GROUP, INC. desires that the real

estate owned

by ISLANDER

HOMES

OF FLORIDA, INC. and

BENJAMIN H. NEGROE PAWLING be subject to the DECLARATION in

order to maintain the integrity of the

DEVELOPER'S grand

design and the security of their investments in their lots;. NOW, THEREFORE, THE BENJAJiIN GROUP, INC.

in

consideration of the paynent by

to ISLANDER HOMES OF FLORIDA, INC.

and BENJAMIN R. NEGROE PAWLING of the sun of Ten Dollars ($10.00) each, and for other good and valuable consideration,

receipt of which is hereby acknowledged, the parties hereby agree as follows: the

ISLANDER HOMES OF FLORIDA, INC., covenants and

agrees tha'. the real property owned JO, shall henceforth h suhect

by it, which is described

to all of the tert. ;

and

provisions of the DECLARATION OF COVENANTS9 RESTRICTIONS AND ASSESSMENTS FOR VILLAGE XIX, CARROLLWOOD VILLAGE, PHASE

II

which DECLARATION is being recorded amultaneouslY with the

recording

of this AGREEMENT; and, the real property owned by

henceforth be considerin the real property des-

ISLANDER HONES Of PWRIDA, INC. shall

ed as though it bad been

included

cribed in the DECLARATION OF

COVENANTS, RESTRICTIONS AND

ASSESSMENTS FOR VILLAGE XIX, CARROWK)ODVILLAGE, PHASE III,

and

the real property owned

by ISLANDER HOMES OP FLORIDA,

INC. shall hereinafter be conveyed and occupied subject to -

the aforesaid DECLARATION as a covenant running with the land.

2. HENJAI4IN H. NEGROC PAWLING covenants and agrees

that the real property owned by him, which is described above, shall henceforth be subject to all of the terms and provisions

of the

DECLARATION OF COVENANTS, RESTRICTIONS AND

ASSESSMENTS FOR VILLAGE XIX, CARROLLWOOD VILLAGE, PHASE III which DECLARATION is being recorded simultaneously with 'the

recording of this AGREEMET; and, the real roperty owned by BENJAMIN H. NEGROE ,PAWLING shall henceforth be considered as

though

it

had been included

in the real property

described in

the DECLARATION OP COVENANTS, RESTRICTIONS AND ASSESSMENTS FOR VILLAGE XIX, CARROLLWOOD VILLAGE, PHASE III, and the real

property

owned

by BENJAMIN

R.

NEGROC PAWLING shall

hereinafter be conveyed and occupied subject to all of the

terms and provisions of the aforesaid DECLARATION as a covenant running with the land.

IN WITNESS WNEREOF this AGREEMENT was

the dse

ad

entered into

year !irst above written.

Signed, Sealed and Deli-

THE BENJAMIN G

P, INC.

vered In the PresenceO

CHP.EL

0. OW 5, PRESIDENT

it, RIDA,1.

ISLANDER

y: PRESIDENT

ti J/

MLING

BEJThMI

STATE OF FLORIDA COUNTY OP HILLSBOROUGH

day of May,

I HERESY CERTIFY that on this

1983, before the undersigned authority personally appeared

MICHAEL 0. OWENS,

to

ise known to be the person described

instrument as

therein and who executed the foregoing President of THE BENJAPIIN GROUP,

and who

duly

INC.,

a Florida corporation,

acknowledged the execution of

such officer for and on behalf of the uses and purposes

therein

expressed ucsuant

lawfully conferred upon him by the corporati

State of Florl My Cossaission Expires:

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

I

HEREBY CERTIFY that on this

7i day

of May,

1983, before the undersigned authority personally appeared MICHAEL D. OWENS, to me known to be the therein

President

person

described

and who executed the foregoing instrument as of ISLANDER

HOMES

OF FLORIDA, INC., a Florida

corporation, and who duly acknowledged the execution of the

-'trument as such officer for and on behalf

the

corporation for the uses and purposes therein pursuant to the authority lawfully conferced upon corporation.

14y coission ExpireS:M rj

—.

$

STATE OF

ted the foi n

expressed

/

1)))

Prepared

By and Return To: Robert L. Tankel, Esquire Becker & Pot iakoff, P.A. 33 N. Garden Avenue, Suite 960 Ctearwater Tower

Ctearwater, FL 34615-4fl6

I[I.'-r)pp

HEC. (33ci U UJ) ASSIGNMENT OF DEVELOPER RIGHTS flICHARD

WITNESSETH

CLflk 010 CHRCUIT C0uf

ÔOUNTy

WHEREAS, a Declaration of Covenants, Restrictions and Assessments fbr Village XIX Carrollwood Village, Phase III, was recorded in Book 4116 at Page 88of the Official Records afHillsborough County, Florida, covering the property subject to that certain Flat recorded in Plot Book 54 at Pages 44 oft/ic C7icial Records of Hillsborough County, Florida (hereinafter

referred to as "Declaration"), was filed by The Benjamin Group, Inc., a Dissolved Florida corporation; (hereinafter referred to as "Developer"); and WHEREAS,

—

0)

the Declaration provides that all owners qf properly sulijeci to (lie

Declaration are members of 'arrollwood Village Ho,iieott'ners Association, Inc., a Florida Corporation tiot for profit (hereinafter referred to as the "Association"); and WHEREAS, Developer desires to assign certain of its rights li/u/er the Declaration to the

Association in order to allow Association to properly e,force certain fJrot'isions of the Declaration; and

ft

WHEREAS,

Developer is a dissolved Florida coipotalion and desires to wind up its

affairs by making this Assignment through one of its former Directors pursuant to provisions of Section 607.1405, Florida Statutes (1993). NOW THEREFORE, in consideration of the mutual premises contained herein and other good and valuable consideration, the receipt and siqfficiency of which are acknowledged, the parties hereby agree as follows. 1.

The above recitations are true and correct and are incorporated herein by reference.

2.

Developer hereby assigns its rights to Association and Association, by execution heieof hereby agrees to accept the rig/its and duties ofDet'eloper under the folloiving provisions of the Declaration:

a. Section 1.3 regarding polt'ers of the Architectural Committee. b.

Section 3.6 regarding approval or disapproval of plans.

c. Section 3. 13 regarding permission to erect signs.

c. Section 3.16 regarding approval of mail boxes. d. Section 3. 17 regarding approval of window air conditioners.

e. Section 3.20 regarding damage to structures and repairs thereof •f; Section 3.21 regarding approval of fences and hedges. g. Section 3.24 regarding enforcement of the covenam's and restrict,ons. Ii. Section i.

j.

3.25 regarding approval of construction.

Section 3.27 regarding approval of fences (1/id walls.

Sect ion 3. 29 concerning adopt ion of aesthetic standards.

?552 859 k. Sec/iou 3.31 regarding brick construction approval. I.

Section 3.32 regarding construction of sidewalks.

in. Section 3.38 regarding approval of swimnung pool locations.

it. Section 3. 41 regarding post lantern approvals.

a. Section 3.42 regarding waiter of hardships. p. Sec/ion 3.44 regarding design approval of Architectural Control.

q. Section 3.45 regarding exculpation oft/ic Developer and

Aurhitetiumi Con,iniiu'e.

r. Section 4.3 regarding indemnification of Officers and Directors. 3. By execution hereof Association agrees to indemnlfy and/told harmless Fredric Hilt it/to is executing this instrwnent solely on behalf of Developer as a remaining Director under Section

607.1405 Florida Statutes and not individually, from any and all costs, expenses, liability, including attorney fees and agrees to hold Fredric Brilt harm less front any actions i/tat mitay arise

as i/ic result of f/ic execution of this instrument. IN WiTNESS WHEREOF, Fredric Britt, as the fonner Secretary, Treasurer and afininer director of the Benjamin Group, Inc. , a dissolved Florida coipoia4iQii, does hereby assign i/ic rights contained herein to Association this day of

e/27,

1994.

WITNESSES:

FREDRIC BRITT, as one of the fonner threctors of THE BENJAMIN GROUP, INC., a dissolved Florida corporation ,pursuant to Section 607.1405 Florida Statutes (1993) and not Individually

By --

4i 4

-J

/

FREDRIC BRJ7T

STATE OF FLORIDA COUNTY OF

day (?fL&,

The foregoing instrument was acknotvledged before inc i/us

1994,

by FREDRIC BRI1T who acknowledged and executed this document as one ofthe fin7ner directors oft/ic corporation listed above, pursuant to Sect:on 607. /405 Florida Statute. He is personally known to inc or has produced P as identification and did (did not) take an oat/i. if no type of identification is indicated, i/ic above—named person is personally known to inc.

.) NOTA V PUBLIC

Printed Name: )otltIi C 1i S77- POTh)

Expiration Date: Comnnussion Number:

R EJA(. TAFFORD

LIcsTATEoFrLOKmDt 2

V?2C 860 CARROLL WOOD VILLA GE, PHASE ill, HOMEOWNERS ASSOCIATION, INC.

By

Z ,

/7/

Ji1/OBS, Pi'esident

Attest'\

(

,

C.

/JHRIS HARTNE77', Secret arv

STATE OF FLORIDA COUNTY OF HILLSBOROUGJI

The foregoing instiwnent was acknowledged before inc this day of 5Ei'//R 1994, by GERALD JACOBS, and CHRIS HARTNETT of CA RROLL WOOD VILLAGE, PHASE HI,

HOMEOWNERS ASSOCIATION, INC., a Florida corporation, on behalf of the corporation. They took an oath,

and are personally known to me or have produced

and _________________________________ as ident(fication to be the President and Secretaty qf the corporation executing the foregoing instrument, and they acknowledged executing the same voluntarily under the authority duly vested in them by said corporation. If no type qf identjflcation is indicated, the above—named persons are Rersonally known I me.

NOTARY PUBLIC SIGNATURE D

(SEAL)

STATE OF FLORIDA 4T LARGE

D,iel—

/T /u,•ULc

Printed Name of Notaty Public

rnEt I'uhruurj 13, 99O hut UuirY dbffO UmhtMfla

f:\wp\carvgi I

My Gommiesion £;nires:

i\devright.co2

3

/'25 /?, ''

L''q7i3 1uf1

DECLARATION OF RESTRICTIONS

3829 -.

943

CARROLLWOOD VILLAGE, PHASE III, VILLAGE XX, UNIT

KNOW ALL MEN BY THESE PRESENTS that U.S. Home Corporation, a Delaware corporation ("Developer") being the owner in fee simple of all of Carrollwood Village, Phase Iii, village X'X, Unit II (the 'Subdivision"), according to the map or plat thereof as recorded in at page V0/ of the Public Records of Plat Book Hillsborough County (the "Plat"), does hereby declare that the Subdivision and all lots therein are subject to the restrictions as described below (the "Restrictions"), which shall be deemed to be covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision.

ARTICLE I USE RESTRICTIONS

1. Residential Use. All of the Subdivision shall be known and described as residential property and no more than one detached, single—family dwelling may be constructed on any lot as shown in the Subdivision, except that more than one lot may be used for one dwelling, in which event all Restrictions shall apply to such lots as if they were a single lot, subject to the easements indicated on the Plat, or as reserved in Paragraph 3 of this Article.

IT TAX U R TAX

)OC

STP

2.

t

Er F0E.

00 UT E-J

EC CL. I. '—U,

pins. No dwelling shall have a total floor area of less than two thousand (2000) square feet, exclusive of screened area, open porches, terraces, patios and garages. All dwellings shall have at least two (2) inside baths. A "bath", for the purposes of these Restrictions, shall be deemed to be a room containing at least one (1) shower or tub, and a toilet and wash basin. All dwellings shall have at least a two (2) car garage, which may be attached to and made part of the dwelling. No dwelling shall have aluminum siding. All dwellings shall be constructed with concrete or asphalt driveways. Upon completion'of a dwelling thereon, each lot shall have sodded front, side and rear lawns. Each dwelling shall have a shrubbery planting in front of the dwelling. Easements.

e, — C, — I-

U-

Easements for the installation and maintenance of utilities and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown on the Plat. Neither the easement rights reserved pursuant to this paragraph, nor as shown on the Pint, however, shall impose any obligation on Developer to maintain such easement areas, or to install or maintain the utilities or improvements that may be located on, in or under such easements, or which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of the easement areas or any utilities or drainage facilities, or which may change the direction of flow or obstruct or retard the flow of water through drainage channels in any easement areas. The easement areas of each lot as shown on the Plat, This instrument prepared by and to be returned to: Randy 3. Morell, Esq. SOROTA AND ZSCHAU, P.A. 2515 Countryside Blvd., Suite A Clearwater,. Florida 33515

tUf/k) V€ IJ1±I

LL±JL

EC7XUUU 1JJ/

J.U1'J

DECLARATION OF RESTRICTIONS CARROLLWOOD VILLAGE, PHASE III, CARROLLWOOD VILLAGE XXII, UNIT 2

KNOW ALL MEN BY THESE PRESENTS that U.S. Home Corporation, a Delaware corporation (Developer) being the owner in fee simple of all of Carrollwood Village, Phase III, Village XXII, Unit 2 (the "Subdivision), according to the map or plat thereof as recorded in of the Public Records of Plat Book 56 at Hillsborough County (the "P1st"), does hereby declare that the Subdivision and all lots therein are subject to the restrictions as described below (the 'Restrictions), which shall be deemed to be covenants running with the land imposed on and intended to bane it burden each lot in the Subdivision. ,

page _

ttand TAX

CODES

/

.

________

1. EE

USE

0006 I6AGB

RE ROE DL,1037 B

33.00

CI<

RESTRICTIONS Cler)c ç Cir

Residential Use.

DIP

I

I2466(43 I

I

t ,irt

0r0CotY1za. By Sandra L Mealy, D.

All of the Subdivision shall be known and described asresi— dential property and no more than one detached, single—family

uuM/

dwelling

—

.y.)

ARTICLE

[

41j/

CLK

,1 2.

division,

may be constructed on any lot as shown in the Sub—

except that more than one lot may be used for one dwelling, in which event all Restrictions shall apply to such lots as if they were a single lot, subjecE to the ease— ments indicated on the P1st, or as reserved in Paragraph 3 of this Article. CODES TIME ID BOA

Dwellings.

I IL927I7

203 0006 I2DC8 RECORDED 062990 A CK

)

33.00

No dwelling shall have a total floor area of less than one thousand eight hundred (1800) square feet, exclusive of screened area, open porches, terraces, patios and garages. All dwellings shall have at least two (2) inside baths. A "bath", for the purposes of these Restrictions, shall be deemed to bea room containing at least one (1) shower or tub, and a toilet and wash basin. All dwellings shall have at least a two (2) car garage, which may be attached to and made part of the dwelling. No dwelling shall have aluminum siding. All dwellings shall be constructed with concrete or asphalt driveways. Upon completion of a dwelling thereon, each lot shall have sodded front, side and rear lawns. Each dwelling shall have a shrubbery planting in front

of the dwelling.

Easements. Easements for the installation and maintenance of utilities and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown on the Plat. Neither the easement rights reserved pursuant to this Paragraph, nor as shown on the Plat, however, shall impose any obligation on Developer to maintain such easement areas, or to install or maintain the utilities or improvements that may be located on, in or under such easements, or which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of the easement areas or any utilities or drainage facilities, or which may change the direction of flow or obstruct o retard the flow of water through Jrainage channels in any'easement areas. The easement areas of each lot as shown on the Plat, This

instrument prepared

by and to be returned to: Julius 3. Zschau, Esq. SOROTA AND ZSCHAU, P.A.

2515 Countryside Blvd., Suite A Clearwater, Florida 33515

J4MESA OR,Jp CL
3360j

Ui.borcâçh Couity,

by Kathy L'Biton.

r1

D.O.

k 4464 i 1641

f?EC.

1328

and all improvements in such easement areas, shall be maintained continuously by the owner of the lot,, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainage shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities In such easement areas, including slope control areas. 4.

Use of Accessory Structures.

No tent, shack, barn, utility shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, temporary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision. 5.

Commercial Uses and Nuisances. Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, ircluding the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivision with completed residences thereon, may maintain furnished model homes in the Subdivision. I

6.

Animals.

No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall allow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that no more than a total of two pets may be kept on any lot. All pets shall be on a leash when outside of the owner's lot. 7.

Fences, Walls and Hedges.

Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences sall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front, Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line.," "Side Street Line," Front Dwelling Line" and 'Side Dwelling Line" are as used and shown by illustration on attached Exhibit A. —2—

: 4395 1329 8

W:44641642

Vehicles.

No vehicle shall be parked in the Subdivision except on

paved

street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may beparked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view. 9. Storage.

No lot shall be used for the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Hanging and Antennas. Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from a road or street in the Subdivision or bordering it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. Cypress Trees.

After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as nearly as practicable in a natural state, and not altered or removed by the owner except as permitted by the governmental authority having jurisdiction. 12. Street Lighting.

In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lighting service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall be removed within ten (10) days of commencement of such door postal service.

14. Wells. Except with the prior written approval and permission of the Homeowner's Association (as defined in Paragraph 17 hereof), and of all governmental agencies having jurisdiction, no well shall be sunk or drilled on any lot. Approval by the Homeowner's Association may be withheld in its sole discretion, or made sub— ject to such limitations or conditions as it determines appropriate or necessary. Notwithstanding, Developer reserves the right, but jthout obligation, to place or locate wells, pumping stations and tanks on Tract A within the ubdivision. —3—

:4395 c 1330 4464 1643

:

All owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and If an owner shall fail to maintain his lot as debris removed. required herein, De 'per, after ten (10) days written notice, is hereby aut.,rized, but shall not be ,obligated, to so maintain the lot and the owner thereof shell reimburse Developer for actual costs incurred therewith upon demand. 16. Signs.

No signs shall be displayed with the exception of a maximum of For Sale or 'For Rent' sign upon each lot not one (1) exceeding 24" x 30". Notwithstanding anything to the (i) Developer, its successors or assigns, contrary herein: shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on •any lot; and (ii) any residential developers permitted to maintain model homes pursuant to Paragraph 5 may maintain signs in connection therewith as permitted by Developer. 17. Architectural Control. Following the completion of the initial resident,ial dwelling upon a lot and its conveyance to a purchasers no further changes, alterations, additions, reconstruction or replacement of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevation thereof (the "Plans") shall have been submitted to and approved in writing by Developer, its successors or designated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified or registered mail, return receipt requested, at 8019 North Himes, Suite '200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assign may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carroliwood Village Phase III Homeowners Association, Inc., a Florida not—for—profit corporation (the "Homeowners Association"), its successors and assigns. Nothing contained in this Paragraph shall require approval of the initial residential dwelling constructed upon a lot.

18. Boundary Wall. If Developer constructs a wall or fence ("Boundary Wall") adjacent to the right of way of Sussex Way, the Homeowners Association shall maintain and repair at its expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respective lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that the Boundary Wall may be only partially andonot wholly on the lot. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall. Similarly, no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the

: 4464 1644

: 4395 G 1331

interior

surface or Lop of such Boundary Wall. If any lot owner to undertake any maintenance, repair or replacement as required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days writshall

fail

ten notice.

19. Amendments and Modificationsy Developer. Notwithstanding any provisions of these Restrictions to the contrary, Developer, its successors and designated assigns, reserves the right and authority, subject to Veterans Administration or Federal Housing Administration approval (which approval need not be evidenced of public record), for a period of three (3) years from the date of recording of these Restrictions to amend, modify, in whole or in part, or grant exceptions or variances from any of the Use Resbrictions set forth in Article I of these Restrictions without notice to or approval by other lot owners of the Subdivision. ARTICLE II MI SC ELLA N EOU S

1. Term and Amendment. These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing, signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records of Hilisborough County, Florida, which instrument may alter or rescind these Restrictions, in whole or in part. Subject to the provisions of Paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdivision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such owner took title to his lot if the construction of such structure, wall or fence commenced within ninety (90) days of his taking title. 2.

Enforcement.

If any person, firm or corporation, or their respective heirs, personal representatives, successors or assigns shall violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or persons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to recover damages, and if such person Is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorney's fees (including those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not be obligated to enforce these Restrictions and shall not in any way or manne' be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other

: 4395

W: 4464 c 1645

c 1332

person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall info event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit kjr license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions.

3. Homeowners Association. All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owners lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions o the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby. 4.

Severability.

Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate seal, by a duly authorized officer, and has executed the same on this ______ day of ________________________

, 19.

Signed, sealed and elivered in t

"Declarant"

U.S.

re nce 0

I ME CORP RATIO

ATTEST: \

Division

S

etaty

A1!1',, CORPORATE

SEA1 P' o 1J

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STATE OF FLORIDA SS:

COUNTY OF HILLSBOROTJGH I hereby certify that on this day personally appeared me, an officer duly authorized to administer oaths and takeS:tc; acknowledgements, _________________________________ , to me well known and known to me to be the individual described in and who executed the foregoing Declarationof Restrictions as a Division _____President of the above named U.S. HOME CORPORATION, and acknowledged to and before me that he executed such instrument as such Division Presidemt of the corporation by due andregu— lar corporate authority, and that said instrument is the free act and deed of the corporation.

IG iti 4395 G 1333. STATE OF FLORIDA

)

COUNTY OF HILLSBOROUGH

The foregoing instrument was acknowledged before inc this /5/i

day of ___________________ ,

as

Division

19

by

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President and

6frr

E L rro ri

Th3ICLLQf'

jSO(

as Division ________Secretary, respectively, of U.S. HOME CORPORATION ,

behalf

of the corporation

Notary Public, State o Florida at _)

My commission expires

-

Netry PubHc, State O( Florida At Large

N

My Commission Expires Nov 20 1985

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and all improvements in such easement areas, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainage shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in such easement areas, including slope control areas.

4. Use of Accessory Structures. No tent, shack, barn, utility shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, temporary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision.

5. Commercial Uses and Nuisances. Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, including the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in-writing by the Developer and owning two (2) or more lots in the Subdivision with completed residences thereon, may maintain furnished model homes in the Subdivision.

6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall allow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that no more than a total of two pets may be kept on any lot. All pets shall be on a leash when outside of the owner's lot.

7. Fences, Walls and Hedges. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line," "Side Street Line," "Front Dwelling Line" and "Side Dwelling Line" are as used and shown by illustration on attached Exhibit A.

—2—

8.

ft.3829rG 945

Vehicles.

No vehicle shall be parked in the Subdivision except on a paved street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may be parked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view.

9. e. No lot shall be used for the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Hanging and Antennas.

Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from a road or street in the Subdivision or bordering it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. Cypress Trees.

After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as nearly as practicable in a natural state, and not altered or removed by the owner except as permitted by the governmental authority having jurisdiction.

12. Street Lighti. In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lighting service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall be removed within ten (10) days of com— mencesient of such door poptal service.

14. Wells. Except with the prior written approval and permission of the Homeowner's Association (as defined in Paragraph 17 hereof), and of all governmental agencies having jurisdiction, no well shall be sunk or drilled on any lot. Approval by the Homeowner's Association may be withheld in its sole discretion, or made subject to such limitations or conditions as it determines appropriate or necessary. Notwithstanding, Developer reserves the right, but without obligation, to place or locate wells, pumping stations and tanks on Tract A within the Subdivision.

—3—

L]S2YM3 946

15. Lot Upp. All

owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an owner shall fail to maintain his lot as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be obligated, to so maintain the lot and the owner thereof shall reimburse Developer for actual costs incurred therewith upon demand. 16. Signs.

No signs shall be displayed with the exception of a maximum of one (1) "For Sale" or "For Rent" sign upon each lot not exceeding 24" x 30". Notwithstanding anything to the (i) Developer, its successors or assigns, contrary herein: shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on any lot; and (ii) any residential developers permitted to maintain model homes pursuant to Paragraph 5 may maintain signs in connection therewith as permitted by Developer. 17. Architectural Control.

Following the completion of the initial residential dwelling upon a lot and its conveyance to a purchaser, no further changes, alterations, additions, reconstruction or replacement of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevation thereof (the "Plans") shall have been submitted to and approved in writing by Developer, its successors or designated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified or registered mail, return receipt requested, at 8019 North Hines, Suite 200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assign may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carrollwood Village Phase III Homeowners Association, Inc., a Florida not—for—profit corporation (the "Homeowners Association"), its successors and assigns. Nothing contained in this Paragraph shall require approval of the initial residential dwelling constructed upon a lot.

18. Boundary Wall. If Developer constructs a wall or fence ("Boundary Wall") adjacent to the right of way of Sussex Way and abutting or located on the property lines of Lots 1 and 19, the Homeowners Association shall maintain and repair at its expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respective lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that the Boundary Wall may be only partially and not wholly on the lot. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall. Similarly, no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the

—4—

LL138? 4( interior surface or top of such Boundary Wall. If any lot owner shall fail to undertake any maintenance, repair or replacement as required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days written notice.

19. Tract A.

Tract A as shown on the Plat shall be conveyed by Developer to the Homeowners Association, and shall be subject to the rules and regulations thereof, as well as the terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III as recorded in O.R. Book 3684, at page 294, public Records of Hilishorough County, Florida (herein, together with all amendments thereof now or hereafter made, called the "Master Declaration"). No swimming, bathing or boating shall be permitted in any retention area located on Tract A. Neither Developer, the Homeowners Association nor any other party shall be obligated to sod or alter the natural state of Tract A, or any portion thereof. 20. Amendments and Modifications by Developer. Notwithstanding any provisions of these Restrictions to the contrary, Developer, its successors and designated assigns, reserves the right and authority, subject to Veterans Administration or Federal Housing Administration approval (which approval need not be evidenced of public record), for a period of three (3) years from the date of recording of these Restrictions to amend, modify, in whole or in part, or grant exceptions or variances from any of the Use Restrictions set forth in Article I of these Restrictions without notice to or approval by other lot owners of the Subdivision.

ARTICLE II MISCELLANEOUS

1. Term and Amendment. These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing, signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records of Hillsborough County, Florida, which instrument may alter or rescind these Restrictions, in whole or in part. Subject to the provisions of paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdiyision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such owner took title to his lot if the construction of such structure, wall or fence commenced within ninety (90) days of his taking title.

2, Enforcement. If any person, firm or corporation, or thei—r respective heirs, personal representatives, successors or assigns —5—

iO shall

violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or persons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to recover damages, and if such person is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorney's fees (including those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not be obligated to enforce these Restrictions and shall not in any way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall in no event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit or license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions.

3. Homeowners Association. All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owner's lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby.

4. Severability. Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate seal, by a duly authorized officer, and has executed the same

on this 1t day of

May

,

Signed, sealed and delivered in the presence of:

U

.

1981.

HOMECORPORATION

Divis on_Aj.Secreta.. , (CORPORATE

SEAL) i.

STATE OF FLORIDA

COUNTY OF Pinellas

)

SS:

I hereby certify that on this day personally appeared before

[LJ829?G 949 me, an officer duly authorized to administer oaths and take to me , acknowledgements, Edward Bellamy and Joseph P McGrail well known and known to me to be the individual described in and who executed the foregoing Declaration of Restrictions as a President of the above named U.S. HOME CORPORATION, Division and acknowledged to and before me that he executed such instrument as such Division _____ President of the corporation by due and regular corporate authority, and that said instrument is the free act and deed of the corporation.

—

Clearwater WITNESS my hand and official seal at County of Pinellas , State of Florida, this May 1981. day of ,

1st

Notary Public, State of Florida at Large '1• My commission expires: £96L 'kf m1!d3

6/9/83

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DECLATION OF RESTRICTIONS CARROLLWOOD

L.S9t 927

VILLAGE, PHASE III, VILLAGE XIII, UNIT

I

KNOW ALL MEN BY THESE p.ESENTS that U.S. Home Corporation; a Delaware corporation ("Developer") being the owner in fee simple of all of Carroliwood village, Phase III, Village XIII, Unit I (the "Subdivision"), according to the map or plat thereof as recorded in Plat Book _, at page 53 of the Public Records of Hillsborouyh County (the "Plat"), does hereby declare that the Subdivision and all lots therain are subject to the restrictic.ns as described below (the "Restrictions"), which shall be deemed to be covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision.

A1:TICLE I

USE RESTRICTIONS

1. Residential Use. All of the Subdivision shall be known and described as reni— dential property and no uiore than one detached, single—faily dwelling may be constructed on any lot as shown in the Sch division, except that more than one lot may be used for one dwelling, in which event all Restrictions shall apply to such lots as if they were a single lot, subject to the eane— ments indicated on the P.at, or as reserved in Paragraph 3 of this Article.

2. Dwellin. No dwelling shall have a total floor area of less than tw\e hundred (1200) square feet, exclusive of screened area, c:cn porches, terraces, patios and garages. All dwellings shali have at least two (2) inside baths. A "bath", for the purposes of

:t5e Restrictions, shall be deemed to be a room containinc: at least one (1) shower or tub, and a toilet and wash basin. All -_--__--dwellings shall have at least a two (2) car garage, which may be and made part of the dwelling. No dwelling shall have -attached to siding. All dwellings shall be constructed with :oncrete or asphalt driveways. Upon completion of a dwelling therern, each shall have sodded front, side and rear lawns. Each dweiling shall have a shrubbery planting in front of the dwelling.

lot

3.

Easements. Easements for the installation and maintenance of utilitier and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown rn the Plat. Neither the easement rights reserved pursuant to this Paragraph, nor as shown on the Plat, however, shall impose any obligation on Developer to maintair such easement areas, or to install or maintain the utilities or improvements that may be located on, in or under such easements, cr which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to femain which may damage or interfere with access to, or the installation and maintenance of the ease-ment areas or any utilities or drainage facilities, or whic.h may change the direction of flow or obstruct or retard thc flow of water through drainage channels in any easement areas. The easement areas of each lot as shown on the P]nL,

This instrument prepared by and to be returned to: Randy J. Morell, Esg. SOROTA AND ZSCHAU, P.A. 2515 Countryside Blvd., Suite A Clearwater, Florida 33515

L3Jr and all improvements in auch easement areas, shall be maintained continuously by the owner of the lot, except for those impYove— rnents for which a public authority or utility company is responsible. With regard to specific easements for drainage shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in s',ch easement areas, includinU slope control areas.

4. Use of Accessoy Structures. No tent, shack, barn, utility shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, tern— porary buildings, mobile homes or field construction offices may be used by contractors in connection with construction wort - No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision. 5.

Commercial Uses and Nuisances. Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, including the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivisrn with completed residences thereon, may maintain furnished rodel homes in the Subdivision.

6. Animals. No animals, livestock, cr poultry of any kind shall be rai;ed, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall alLow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further All pets shall he on a leash when outside of the owner's lot.

7. Fences, Walls and Hedges. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forwad of a Side Dwelling Line fr.onting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line,' "Side Street Line,' "Front Dwelling Line" aid 'Side Dwelling Line" are as used and shown by illustration on attached Exhibit A. —2--

8.

Vehicles.

No vehicle shall be parked in the Subdivision except on a eaved street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those piiesent on business, nor any trailers, may be parked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view. 9.

9. No lot shall be used for the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly conceeled from public view.

10. Clothes Hanging and Antennas.

Clothes hanging devices sxterior to a residence shall be permittedonly if installed so as not to be visible from a road or street in the Subdivision or bordering it. No extarior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. cypress Trees.

After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as flearly as practicable in a natura state, and not altered or removed by the owner except as permitted by the governmental authority having jurisdiction.

12. Street9jtjp9. In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lightThg service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall be removed within ten (10) days of commencement of such door postal service.

14. Wells. Except with the prior wr;tten approval and permission of the Homeownets Association (as defined in paragraph 17 hereof), and of all governmental agencis having jurisdiction, no well shall be sunk or drilled on any lot. Approval by the Homeowners Association may be withheld in its sole discretion, or oafs subject to such limitations or conditions as it determines appropriate or necessary. Notwithstanding, Developer renarves the right, but without obligation, to place or locate wells, pumping stations and tanks on Tract A within the Subdivision.

—3—

15.

.

L]829 Y30

All

owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an oaner shall fail to maintain his lc#. as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be obligated, to so maintain the lot and owner thereof shall reimburse developer for actual costs incurred therewith upon demand. 16. Signs.

No signs shall be displayed with the exception of a maxiimrm of one (1) "For Sale" or "For Rent" sign upon each lot not exceeding 24" x 30". Notwithstanding anything to the (i) Developerr its successors or assigns, contrary herein: shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on any lot; and (ii) any residential developers permitted to maintain model homes pursuant to paragraph 5 may maintain signs in connection therewith as permitted by Developer. 17. Architectural Control.

Following the completion of the initial residential dwelling upon a lot and its conveyance to a purchaser, no further changes, alterations, additions, reconstruction or replacement of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifica— tions therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior eleva— tion thereof (the "Plans") shall have been submitted to and approved in writing by Developer, its successors or designated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified oi registered mail, return receipt requested, at 8019 North flimes, Suite 200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assic;a may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carrollwood Viflage Phase III Homeowners Association, Inc., a Florida not—for--profit corporation (the "Homeowners Association"), its successors and assigns. Nothing contaiaed in this Paragraph shall require approval of the initial residential dwelling constructed upon a lot.

18. ar

Wall.

If to

Developer constructs a wall or fence ("Boundary Wall") adjacent the right of way of Burrington Drive and abutting or located on the property lines of Lots 1,2,3, and 4, Block 1, and Lots 4 through 9 inclusive, Block 2, the Homeowners Association shall maintain and .repair at its .expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respectve lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that the Boundary Wall may be only partially and not wholly on the lot. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, Similarly, no lot street facing surface of the Boundary Wall-. owner shall be permitted to add, attach or fix any object or thing, or in any way dasiage or impair the the interior surface or top of such Boundary Wall. If any lot owner shall fail to under—

—4—

take any maintenance, repair or replacement as required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days written notice. 19. Tract A.

Tract A as shown on the Plat shall be conveyed by Developer to the Homeowners Association, and shall be subject to the rules and regulations thereof, as ell as the terms and conditions o the Master Declaration of Ccienants, Conditions and Restrictions for Carrollwood Village phase III as recorded in O.R. Book 3684, at page 294, Public Records of Hilisborough County, Florida (herein, together with all amendments thereof now or hereafter made, called the "Master Declaration"). No swimming, bathing or boatinq shall be permitted in any retention area located on Tract A. Neither Developer, the Homeowners Association nor any other party shall be obligated to sod or alter the natural state of Tract A, or any portion thereof.

20. Amendments and Modifications by Develop. Notwithstanding any provisions of these Restrictions to the contrary, Developer, its successors and designated assigns, reserves the right and authority, subject to Veterans Administration or Federal Housing Administration approval (which approval need not be evidenced of public record) , for a period of three (3) years from the date of recording of these Restrictions to amend, modify, in whole or in part, or grant exceptions or variances from any of the Use Restrictions et forth in Article I of these Restrictions without notice to or approval by other lot owners of the Subdivision. ARTICLE II MISCELLANEOUS

1. Term and Amendment. These Restrictions shall run with the land, regardless o1 whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the conunen— cement of any ten (10) year period an instrument in writir., signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has teen recorded in the Public Records of Hillsborough County, Florida, which instrument may alter or rescind these Restrictions, in whole or in part. Subject to the provisions of Paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdivision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall 0;: fence commenced; or (ii) the date on which such owner took title to his lot if the construction of such structure, wall or fence commenced within ninety (90) days of his taking title.

2. Enforcement.

-

any person, firm or corporation, or their respective If heirs, personal representatives, successors or assigns

—5—

±.3S29 :32 shall

violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or persons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to recover damages, and if such person is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigatioF, including court costs and reasonable attorney's fees (including those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not be obligated to enforce these Restrictions and shall not in any way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall in no event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit or license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions.

3. Homeowners Association. All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, essessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owner's lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby.

4.

Severability.

Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has cause3 presents to be executed in its name, under its corporate seal, by a duly authorized officer, and has executed the same day of __________________ on this

these

, 19.

Signed,

sealed and delivered

in the p:senc of: By

U.CTO -

/Division____ preident

Attest: /////?-/ Division (CORPOR1TE

.-

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Secrear.,

SEA*. rc. -

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STATE OF FLORIDA

—

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SS:

COUNTY OF

I hereby certify that on this day personally appeared before

3S2 33 oaths and take me, an officer duly ayprized o administer to me , acknowledgements, well known and known to me to be the individual described in arid who executed the foregoing Declaration of Restrictions as a Division _____President of the above named U.S. HONE CORFORTION, and acknowledged to and before me that he executed such instrument as such Division ______President of the corporation by due and regular corporate authority, and that said instrument is the free act and deed of the corporation.

WITNESS my hand and official seal at County of _________________ , State of Florida, this' day

of -2-

,

l9'(.

Notary public, State of Floriaa-, at Large

My commission expires:

—7—

W±38296 934

EIXHJBH 411

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FRONT STREET

:5516 1024 CERTIFICATE OF AHENDMENT

RICHARD AKE j' THE DECLARATION OF RESTRICTIONS OF HILLSBOPU."

CLERK OF CIRCUIT COURT

TO

CARROLLWOOD

VILLAGE PHASE III, VILLAGE XIII

WE HEREBY -CERTIFY THAT the attached amendment to the Declaration of Restriction of Carrollwood Village Phase III, Village XIII, as described in OR Book 3829 at Page 927, of the Records of Hillsborough County, Florida, respectively, was duly adopted in the manner provided in the respective Declaration of Restriction.

C-,.)

C)

IN WITNESS WHEREOF, we have affixed our hands and seals this , 1988, at Hillsborough County,

_______ day of Florida.

C-,,

CARROLLWOOD VILLAGE PHASE III HOMEOWNERS ASSOCIATION, INC. (SEAL)

By:

7ida Attest:

STATE OF FLORIDA COUNTY OF HILLSBOROUGE

this L_-

)

urhill,

Presi ent

'LL3 01 5

Susan Borgo , Secretary

Lii

0,

ss

day of

c

-

1988, personally appeared Linda Churchill, Presid'nt, and Susan Borgo, Secretary, and acknowledge that they executed the foregoing Certificate of Amendment for the purpose therein expressed. On

WITNESSETH my hand and seal the day and year last above written.

7 Ljqiitary

/(

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id

My Commission Expires 5101

RECORD

C T'J'L. '''L"I C'

f,5 C.C-N: '" — .,', C I.,,',K S,, 9Oa 3NDfl,1b U .01

''_I_'-' OflW1UTURS

oL

CIer o Circuit Court County FJt. By (fmberey A. Steele, D.C.

//

LAW OFFICES BECKER, POLIAKOFF & STREITFELD, PA. ° BARNETT BANK PLAZA ° 1150 CLEVELAND STREET ° SUITE 420° CLEARWAFER, FL 34615 TELEPHONE (513) 443-3751

ADOPTED AMENDMENT TO THE DECLARATION OF RESTRICTIONS OF CARROLLWOOD VILLAGE PHASE VILLAGE XIII

III,

Additions indicated by underlining. Deletions indicated by striking through.

Section 7. Fences, Walls and Hedges. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or

r-

maintained between a Front Street Line and the Front Dwelling Line

or, in case of corner lots, between a Side Street Line and a line

15' feet in from and parallel to the Side Street Line. provided,

however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted in constructed at the time of the original dwelling on the lot as part of its elevation or design.

The terms "Front Street Line", "Side Street Line", "Front Dwelling Line" and "Side Dwelling Line" are as used and shown by illustration on attached Exhibit A, as amended. Fences, walls,

and hedges niust also conform to existing County Ordinances/regulations

ADOPTED AflENDflENT TO EXHIBIT A OF THE DECLARATION OF RESTRICTIONS

CARROLLWOOD VILLAGE PHASE III, VILLAGE XIII SOMERSET VILLAGE

Exhibit

to

Article

belov

ThUBt also be

1, Section 7,

amended as ahovn

on the reverse side.

t re1et

the change made

EXHB!T A LETD LiIJ./7 sc'.

__________

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—

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F RONT

STREET

LAOV OFFICES

(liCk FR POIIAKOF & ST REITFELD. PA.. BARRETT lANK PLAZA, I 150 CLEVELAND STREEF. SUITE 42(1 CIEAISWAIEIi. FLORIDA 34hI5FOl

:3h84 327 WOLO7T VIL-L/+GE DECLARATION OF RESTRICTIONS

CARROLLWOOD VILLAGE, PHASE III, VILLAGE IX

KNOW ALL MEN BY THESE PRESENTS that U.S. Home Corporation a Delaware corporation ("Developer't) being the owner in fee simple of all of Carroliwood Village, Phase III, Village IX (the "Subdivision") , according to the map or plat thereof as recordd in of the Public Records of Plat Book 51 , at page 49 Hillsborough County (the "Plat"), does hereby declare that the Subdivision and all lots therein are subject to the restrictions as described below (the "Restrictions"), which shall be deemed to be covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision. ARTICLE I USE 11ESTRICTIONS

1. Residential Use. All of the Subdivision shall be known and described as residential property and no more than one detached, single—family dwelling may be constructed on any lot as shown in the Sub— division, except that more than one lot may be used for one dwelling, in which event all Restrictions shall apply to such lots as if they were a single lot, subject to the easements indicated on the Plat, or as reserved in Paragraph 3 of this Article.

2. Dwellings. No dwelling shall have a total floor area of less than fifteen hundred (1500) square feet, exclusive of screened area, open porches, terraces, patios and garages. All dwellings shall have at least two (2) inside baths. A "bath", for the purposes of these Restrictions, shall be deemed to be a room dontaining at least one (1) shower or tub, and a toilet and wash basin. All dwelli-ngs shall have at least a two (2) car garage, which may be attached to and made part of the dwelling. No dwelling shell have aluminum siding nor exceed twenty—five (25) feet in height. All dwellings shall be constricted with concrete or asphalt driveways. Upon completion of a dwelling thereon, each lot shall have sodded front, side and rear lawns. Each dwelling shall have a shruibbery planting in front of the dwelling.

3. Easements. Easements for the installation and maintenance of utilities and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown n the Plat. Neither the easement rights reserved pursuant to this Paragraph, nor as sbown on the Plat, however, shall impose any obligation on Developer to maintain such easement areas, or to install or maintain the utilities or improvements that may be located on, in or under such easements, or which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of the easement areas or any utilities or drainage facilities, or which may change the direction of flow or obstruct or retard the flow of water through drainage channels in any easement areas. The easement areas of each lot as shown on the Plat,

This instrument prepared by and to be returned to: an y . ore 11 , t' sq. /

—

JAMES F. :AYLOR, cLERK CIRCUIT cOURT

SOROTA AND ZSCHAU, P.A,

RECORONG DEPT

2515 Countryside Blvd., ui e A/

Clearwater, Florida 33515

A'

I

—

3ti3'1 and all improvements in such easement areas, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainage shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in such easement areas, including slope control areas.

4. Use of Accessory Structures. No tent, shack, barn, utlity shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, temporary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision. 5. Commercial Uses and Nuisances. Except as hereafter exprzssly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection with its development and marketing of the Subdivision, includL'cj the sale of lots improved with dwellings, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as well as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivision with completed residencs thereon, may maintain furnished model homes in the Subdivision.

6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bre1, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall ali.ow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that no more than a total of two pets may be kept on any lot. All pets shall he on a leash when outside of the owner's lot.

7. Fences, Walls and Heg. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line," "Side Street Line," "Front Dwelling Line" and "Side Dwelling Line" are as used and shown by illustration on attached Exhibit A. —2--

No

:3fi84

329 vehicle shall be parked in the Subdivision except on a

8. Vehicles.

paved street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may be parked in the Subdivision unless inside a garage and concealed from

public view oal boat trailers, campers, vans, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view. 9. Storage.

No lot shall be used fcr the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Hanging and Antennas.

Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from e road or street in the Subdivision or bordering it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. Cypress Trees. After a lot within the Subdivision has been fully developed and the construction of a d"elling thereon completed, any cypress head areas or cypress trees then on the lot shall be rnainc:ained by the owner thereof as nearly as practicable in a natural state, and not altered nr removed by the owner except as permitted by the governmental authority having jurisdiction. 12. Street Lighting. In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lighting service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordance with Hillsborough County ordinances, rules and regulations, now or hereafter in effect.

13. Mailboxes. Street mailboxes shall be a type consistent with the charecter of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure a. street mailboxes shall be removed within ten (10) days of corn— mencernent of such door postal service.

14. Wells. No well may be drilled or sunk on any lot for drinking or bathing purposes. However, a well for air conditioning, sprinkling or pool purposes may be drilled or sunk on a lot provided the prior approval of all governmental agencies having jurisdiction has been obtained. 15. Lot Upkeep. All owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an owner shall fail to maintain his lot as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be obligated, to so —3—

33U the lot and the owner thereof shall reimburse Developer for actual costs incurred therewith upon demand.

maintain 16. Signs.

exception of a maximum of No signs shall be displayed with the sign upon each lot not one (1) "For Sale" or "For Rent" exceeding 24" x 30", Notw.thstaflding anything to the (i) Developer, its successors or assigns, contrary herein: shall have the right to maintain signs of any type and size and for any purpose iii the Subdivision on any lot; and (ii) to maintain model homes any residential developers permitted signs in connection pursuant to paragraph 5 may maintain therewith as permitted by Developer.

17. Architectural Control. Following the completion of the initial residential dwelling upon a lot and its conveyance to a purchaser, no further reconstruction or replacement changes, alterations, additions, of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevasubmitted to and tion thereof (the "Plans") shall have been approved in writing by Developer, its successors or designated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any All'PlanS must be reason including aesthetic considerations. assign by certified or sent to Developer or its designated registered mail, return receipt requested, at 8019 North HiiieS, Regional president, Suite 200, Tampa, Florida 33614, ATTN: its designated assign may or such other address as Developer or writing. Any Plans not hereafter from time to time designate in disapproved within thirty (30) days after their receipt by Developer OE designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the -;hall Subdivision, its rights of architectural control hereunder Village automatically transfer to and vest in the Carrollwood not—for—Ofit Phase iii Homeowners Association, Inc., a Florida successors and corporation (the "Homeowners Association"), its assigns. Nothing contained in this paragraph shall require dwelling constructed upon a approval of the initial residential lot.

18. Boundary Wall. If Developer constructs a wall or fence ("Boundary Wall") along the right of way of Sussex Way and abutting or located on the property lines of Lots 1 and 9, Block 2, Lots 1 and 8, Block 2 Association shall or Lots 1 and 19, Block 3, the Homeowners maintain and repair at its expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respective lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligat-ion of such owners shall not be affected by the fact that the Boundary Wall may be only partially on the lot, and partially on the right of way. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface of the Boundary Wall. Similarly, no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the interior surface or top of such Boundary Wall. If repair or any lot owner shall fail to undertake any maintenance, replacement as required by this paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days written notice. —4—

19. Tract A.

oi (CO4

PF,)UO± PG

Tract

A as shown on the Plat. shall be conveyed by Developer to the Homeowners Association, and shall be subject to the rules and regulations. thereof, as well as the terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for Carroliwood Village Phase III as recorded in O.R. Book 3684 , at page 294 , Public Records of Hilisborough County, Florida (herein, together with all amendments thereof now or hereafter made, called the "Master Declaration). No swimming, bathing or boating shall be permitted in any retention area located on Tract A. Neither Developer, the Homeowners Association nor any other party shall be obligated to sod any portion of Tract A, seeding being sufficient. 20. Amendments and Modifications by Developer.

Notwithstanding any provisions of Article I or Article II of these Restrictions to the contrary, Developer, shall have the right to amend these Restrictions from time to time for a'period of three (3) years from the date of the recording thereof to make such changes, modifications and additions thereto and therein as may be required or requested by the FHA, VA, FNMA, GNMA or any other governmental agency or body ("Governmental Agency") as a condition to, or in connection with, such Governmental Agency's agreement to make, purchase, accept, insure, guaranty or otherwise approve loans secured by mortgages on lots. Any such amendment shall be executed by Developer and shall be effective upon recording. No approval or joinder of any other owner or party shall be nece5sary or required for such amendme'it.

ARTICLE II

MISCELLANEOUS -

-

1. Term and Amendment.

These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successive periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing, signed by the owners of sevcnty—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records of Hillsborough County, Florida, which said instrument may alter or rescind these Restrictions, in whole or in part. Subject to the provisions of Paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdivision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such owner took title to his lot if the construction o such structure, wall or fence commenced within ninety (90) days of his taking title. 2. Enforcement. If any person, firm or corporation, or their respective heirs, personal representatives, successors or assigns shall violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or persons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether ouch proceeding is to prevent such persons from so doing or to —5—

31i4

recover damages,nd if such person is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorney's fees (including those incurred on appeal) incurred by the party enforcing these Restrictions, Developer shall not be obligated to enforce these Restrictions and shall not in any way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall in no event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to sub-' sequent thereto. Issuance of a building permit or license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions.

3.

Homeowners Association.

All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant to the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owner's lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby. 4.

Severability. Invalidation

-

of any one of these Restrictions by judgment provisions

court order shall not affect any of the other which shall remain in full force and effect. or

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate seal, by a duly authorized officer, and has executed the same July l8thday of on this , 1980.

Signed, sealed and delivered in the presence of: -

U.S. HOME CORPORATION

BY4

Division i Pres

Attest :

%61( r7- /JLJ2f

ret

Assisjt (CORPOR/E SEAL)

STATE OF FLORIDA

)

COUNTY OF Hi1lsloouqh

)

y

SS:

I hereby certify that on this day personally appeared before me, an office duly authorized to administer oaths and take acknowledgements,

l.A. Bexhajrr, Jr. —6—

, to me

31384 33 known and known to me to be the individual decribed in and who executed the foregoing Declaration of Restrictions as a Division iLl President of the above named U.S. HOME CORPOR1TION, and acknowledged to and before me that he executed such instrument due and regu as such Division ____Presideit of the corporationisbythe free act lar corporate authority, and that said instrument and deed of the corporation.

well

WITNESS my hand and official seal at , State of Florida, this jjilbopugb 1980. , day of July

County of

18th

-

Notary Public, StaEe of FlOrida at Large

My commission expires: ___________ Uolary Puhl,

SIa!e

ol Rojf a

—7—

c.APñI 3,

1983

'

fEc.JJLUC U CERTIFICATE OF 2U4ENDMENT TO THE DECLAR1TION OF RESTRICTIONS OF CARROLLWOOD VILLAGE PHASE III, VILLAGE IX

WE HEREBY CERTIFY THAT the attached amendment to the Declaration of Restriction of Carroliwood Village Phase III, Village IX, as described in OR Book 3684 at Page 327 of the Records of Hillsborough County, Florida, respectively, was duly 4 adopted in the manner provided in the respective Declaration of Restriction.

7"

WHEREOF, we have affixed our hands and seals this , 1988, at Hillsborough County,

1WITNESS day of 7VL—Y

Florida.

CARROLLWOOD VILLAGE PHASE III HOMEOWNERS ASSOCIATION, INC.

Wi ess s

(SEAL)

p r)

Attest:

Susan Borgo, cretary STATE OF FLORIDA

)

ss

COUNTY OF HILLS BOROUGH

day of ________________ , 1988, personally On this appeared Linda Churchill, President, and Susan Borgo, Secretary, and acknowledge that they executed the foregoing Certificate of Amendment for the purpose therein expressed. I

WITNESS ETH my hand and seal the day and year last above written.

/2

/1

//

Iotary

Q /77 \

Public

:

My Commission Expires NOTARY PUBLIC STATE CF FLO1O. MY COMMISSION EXPIRES; JAN. 0

0 00U 0OARV

27. S9Z.

RICHARD AKE CLERK OF CIRCUIT COURT HILLSROROUI3II COUNTY

//

LAW OFFICES BECKER, I'OLIAKOFF & STREITFELD. PA. 0 IIARNETT RANK PlAZA • 1150 CLEVELAND STREET C SUITE 4200 CLEARWAFER. FL 34615 TELEPHONE (813) 441-3781

0 —

: 5516 390

ADOPTED ANENDMENT TO THE DECLARATION OF RESTRICTIONS

CARROLLWOOD VILLAGE PHASE III, VILLAGE IX WOLCOTT Additions indicated by underlining. Deletions indicated by striking through. Article I.

Fences, walls and Section 7. Fences, Walls and Hedges. hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge nay be constructed or

maintained between a Front Street Line and the Front Dwelling Line

or,

in the case of corner lots, between a Side Street Line and a

line 15' feet in from and parallel to the Side Street Line.

Provided, however, that a decorative wall or entrance forward of

the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at

the time of the original dwelling on the lot as part of its

"Front Street Line", "Side Street Line", "Front Dwelling Line" and "Side Dwelling Line" are as used elevation or design. The terms

and shown by illustration on attached Exhibit A, as amended. Fences, walls, and hedges must also conform to existing County Ordinances/regulations. ADOPTED ANENDMENT TO EXHIBIT A OF THE DECLARATION OF RESTRICTIONS CARROLLWOOD VILLAGE PHASE III, VILLAGE IX WOLCOTT

RICHARD ME ;•.jIflT

CLCI CF

EXHIBIT A

CCtJNiY

)&>O(x DE.LTED

(?IL&cZ '?A5O IJl-J

I0

It)

II lJ)

00 1/I

( I .A W OFFICES

ROCKER, IOIIAKOI-I & SI (I ElI (-111.1). l.A. DAIINErI RANK 'I AZA, ISO CI ,EVEI,ANI) SIll RET. 011110 420 0 CI.EARWATER 34615-0933 1 EI.EI'IIONE (0131 443—1701

BAJ tJtc ViLL,

DECLAPATIOI OF RESTRICTIONS

CARROLLWOOD VILLAGE, PHASE III, VILLAGE XIV

KNOW ALL MEN BY THESE PRESENTS that U.S. Home Corporation, a Delaware corporation ("Developer") being the owner in fee simpa of all of Carrollwood Village, Phase III, Village XIV (the "Subdivision") , according to the map or plat thereof as record€ii in Flat Book 51 , at page 75 of the Public Records of Hilisborough County (the "Plat"), does hereby declare that the Subdivision and all lots therein are subject to the restrictions as described below (the "Restrictions") , which shall be deemed to be covenants running with the land imposed on and intended to benefit and burden each lot in the Subdivision.

ARTICLE I

USE RESTRICTIONS

1. Residential Use. All of the Subdivision shall be known and described as residential property and no more than one detached, single—family dwelling may be constructed on any lot as shown in the Subdivision, except that more than one lot may be used for one dwelling, in which event all Restrictions shall apply to such lots as if they were a single lot, subject to the easements indicated on the Flat, or as reserved in Paragraph 3 of this Article.

2. Dwellings. No dwelling shall have a total floor area of less than fifteen hundred (1500) square feet, exclusive of screened area, open porches, terraces, patios and garages. All dwellings shall have at least two (2) inside baths. A "bath", for the purposes of these Restrictions, shall be deemed to be a room containing at least one (1) shower or tub, and a toilet and wash basin. i1l dwellings shall have at least a two (2) car garage, which may be attached to and made part of the dwelling. No dwelling shall have aluminum siding nor exceed twenty—five (25) feet in height. All dwellings shall be constj:ucted with concrete or1 asphalt driveways. Upon completion of a dwelling thereon, each lot shall have sodded frcrnt, side and rear lawns. Each dwelling shall have a shrubbery planting in front of the dwelling.

3. Easements. Easements for the installation and maintenance of utilities and drainage areas are hereby reserved to Developer in and to all utility easement and drainage easement areas shown cn the Flat. Neither the easement rights reserved pursuant to this Paragraph, nor as shown on the Plat, however, shall impose any obligation on Developer to maintain such easemert areas, or to install or maintain the utilities or improvements that may be locate:1 on, in or under such easements, r which may be served by them. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of the easement areas or any utilities or drainage facilities, or which may change the direction of flow or obstruct or retard the flow of water through drainage channels in any easement areas. The easement areas of each lot as shown on the Flat, This instrument prepared by and to be returned to: Randy 3. Morell, Esq. SOROTA AND ZSCHAU, P.A. 2515 Countryside Blvd., Suite A Clearwater, Florida 33515

and all improvements in such easement areas, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. With regard to specific easements for drainao shown on the Plat, Developer shall have the right, but without obligation, to alter or maintain drainage facilities in such easement areas, including slope control areas.

4. Use of Accessory Structures. No tent, shack, barn, utility shed or building, other than the dwelling and any appurtenant garage, shall, at any time, be erected or used on any lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, temporary buildings, mobile homes or field construction offices may be used by contractors in connection with construction work. No recreation vehicle may be used as a residence or for any other purpose on any of the lots in the Subdivision. 5. Cominerciaj Uses and Nuisances.

Except as hereafter expressly provided as to Developer, and as to model homes, no trade, business, profession or other type of commercial activity shall be carried on upon any lot, except that real estate brokers, owners and their agents may show dwellings in the Subdivision for sale or lease; nor shall anything be done on any lot which may become a nuisance or an unreasonable annoyance to the neighborhood. In connection "ith its development and marketing of the including the sale of lots improved with dwellings,Subdivision, Developer shall have the right to use lots and dwellings thereon for sales offices, field construction offices, storage facilities and general business offices. In addition, Developer, as w,ell as any other residential developer authorized in writing by the Developer and owning two (2) or more lots in the Subdivision with completed residencesthereon, may maintain furnished mcdel homes in the Subdivision.

6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a permitted pet shall allow the pet to stray or go upon another lot without the consent of the owner of such lot; and provided further that no more than a total of two pets may be kept on any lot. All pets shall bE on a leash when outside of the owner's lot.

7. Fences, Walls and Hedges. Fences, walls and hedges may be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge may be constructed or maintained between a Front Street Line and the Front Dwelling Line or between a Side Street Line and the Side Dwelling Line; provided, however, that a decorative wall or entrance forward of the Front Dwelling Line or forward of a Side Dwelling Line fronting a Side Street Line shall be permitted if constructed at the time of the original dwelling on the lot as part of its elevation or design. The terms "Front Street Line," "Side Street Line," "Front Dwelling Line" and "Side Dwelling Line" are as used and shown by illustration on attached Exhibit A. —2—

8. Vehicles. No vehicle shall be parked in the Subdivision except on a paved street, paved driveway or in a garage. No trucks or vehicles which are used for commercial purposes, other than those present on business, nor any trailers, may be parked in the Subdivision unless inside a garage and concealed from public view. Boats, boat trailers, campers, vans, motorcycles and other recreational vehicles and any vehicle not in operable condition or validly licensed shall be permitted in the Subdivision only if parked inside of a garage and concealed from public view. 9.

No lot shall be used for the storage of rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers properly concealed from public view. 10. Clothes Hanging and Antennas.

Clothes hanging devices exterior to a residence shall be permitted only if installed so as not to be visible from a road or street in the Subdivision or bordering' it. No exterior television, radio or other antennas or aerials shall be allowed, unless installed so as to be completely concealed from the public view, such as in attics or garages. 11. Cypress Trees. After a lot within the Subdivision has been fully developed and the construction of a dwelling thereon completed, any cypress head areas or cypress trees then on the lot shall be maintained by the owner thereof as nearly as practicable in a natural state, and not altered or removed by the owner except as pe— mitted by the governmental authority having jurisdiction. 12. Street Lighting.

In the event a street lighting district is established for, or including, the Subdivision pursuant to which street lightir service is provided, all lot owners shall be subject to the taxes or assessments therefor which are levied in accordanc, with Hillsborough County ordinances, rules and regulations, now or hereafter in effect. 13. Mailboxes.

Street mailboxes shall be a type consistent with the character of the development and shall be placed and maintained to compliment the houses in the Subdivision. At such time as door postal service is available, owners shall be required to have mailboxes attached to the main dwelling structure and street mailboxes shall be removed within ten (10) days of corn— mencement of such door postal service.

14. Wells. No well may be drilled or sunk on any lot for drinking or hathing purposes. However, a well for air conditioning, sprinklino or pool purposes may be drilled or sunk on a lot provided the prior approval of all governmental agencies having jurisdiction has been obtained.

15. Lot Upkee. All owners of lots with completed houses thereon shall, as a minimum, have the grass regularly cut and all trash and debris removed. If an owner shall fail to maintain his lot as required herein, Developer, after ten (10) days' written notice, is hereby authorized, but shall not be obligated, to so —3—

maintain the lot and the owner thereof shall rimbure Developer for actual cost.s incurred therewith upon demand.

16. gns. No signs shall be displayed with the exception of a maximum of one (1) "For Sale" or "For Rent" sign upon each lot not exceeding 24" x 30". Notwithstanding anything to the contrary herein: (i) Developer, its successors or assigns, shall have the right to maintain signs of any type and size and for any purpose in the Subdivision on any lot; and (ii) any residential developers permitted to maintain model homes pursuant to Paragraph 5 may maintain signs in connection therewith as permitted by Developer. 17. Architectural Control.

Following the completion of the initial residential dwelling upon a lot and its conveyance to a purchaser, no further changes, alterations, additions, reconstruction or replacement of such dwelling shall be made, nor shall any fence, wall or other improvement or structure be made, added or placed thereon, unless prior thereto the building plans and specifications therefor showing the nature, kind, shape, height, size, materials, location, exterior color scheme, and exterior elevation thereof (the ttPlansv) shall have been submitted to and approved in writing by Developer, its successors or designated assign. Developer, its successors or designated assign, shall have the absolute right to approve or disapprove Plans for any reason including aesthetic considerations. All Plans must be sent to Developer or its designated assign by certified or registered mail, return receipt requested, at 8019 North Himes, Suite 200, Tampa, Florida 33614, ATTN: Regional President, or such other address as Developer or its designated assign may hereafter from time to time designate in writing. Any Plans not disapproved within thirty (30) days after their receipt by Developer or designated assign shall be deemed approved. At such time as Developer shall no longer own any lots in the Subdivision, its rights of architectural control hereunder shall automatically transfer to and vest in the Carrollwood Village Phase III Homeowners Association, Inc., a Florida not—for—profit corporation (the "Homeowners Association"), its successors and assigns. Nothing contained in this Paragraph shall require approval of the initial residential dwelling constructed upon a lot.

18. Boundary Wall. If Developer constructs a wall or fence ("Boundary Wall") along the right of way of Sussex Way and abutting or located on the property lines of Lots 1 and 9, Block 2, Lots 1 and 8, Block 2 or Lots 1 and 19, Block 3, the Homeowners Association shall maintain and repair at its expense the exterior, street facing surface of such Boundary Wall. All other maintenance, repair, and replacement of the Boundary Wall shall be the obligation of, and shall be undertaken by and at the expense of, the respective lot owners upon whose lots such Boundary Wall is constructed, but only as to such portion of the Boundary Wall as bounds such lot. The obligation of such owners shall not be affected by the fact that the Boundary Wall may be only partially on the lot, and partially on the right of way. No lot owner shall be permitted to paint, decorate, change or alter, nor to add or affix any object or thing to the exterior, street facing surface ol the Boundary Wall. Similarly, no lot owner shall be permitted to add, attach or fix any object or thing, or in any way damage or impair the interior surface or top of such Boundary Wall. If any lot owner shall fail to undertake any maintenance, repair or replacement as required by this Paragraph, such may be done by the Homeowners Association, at the lot owner's expense, upon ten (10) days written notice. —4—

19. Tract A.

Tract A as shown on the Plat shall be conveyed by Developer to the Homeowners AssociatiOP, and shall be subjec to the rules and regulations thereof, as well as the terms and conditions of the Master Declaration of Covenants, Conditions and Restrictions for CarrollwoOd Village Phase III as recorded in O.R. Book _____, at page _____, Public Records of Hilisborough County, Florida (herein, ogether with all amendments thereof now or hereafter made, called the "Master Declaration"). No swimming, bathing or boating shall be permitted in any retention area located on Tract A. Neither Developer, the Homeowners Association nor any other party shall be obligated to sod any portion of Tract A, seeding being sufficient. 20. Amendments and Modifications by Developer.

Notwithstanding any provisions of Article I or Article II of these Restrictions to the contrary, Developer, shall have the right to amend these Restrictions from time to time for a period of three (3) years from the date of the recording thereof to make such changes, modifications and additions thereto and therein as may be required or requested by the FHA, VA, FNMA, GNMA or any other governmental agency or body ("Governmental Agency") as a condition to, or in connection with, such Governmental Agency's agreement to make, purchase, accept, insure, guaranty or otherwise approie loans secured by mortgages on lots. Any such amendment shall be executed by Developer and shall be effective upon recording. No approval or joinder of any other owner or party shall be necessary or required for such amendment. ARTICLE II

MISCELLANEOUS

1. Term and Amendment. These Restrictions shall run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of lots in the Subdivision subsequently executed and shall be binding on all parties and all persons claiming under such deeds for a period of twenty (20) years from the date the Restrictions are recorded, after which time these Restrictions shall automatically extend for successivn periods of ten (10) years each, unless prior to the commencement of any ten (10) year period an instrument in writing; signed by the owners of seventy—five percent (75%) of the lots in the Subdivision, has been recorded in the Public Records of Hillsborough County, Florida, which said instrument may alter or rescind these Restrictions, in whole or in part. Subject to the provisions of Paragraph 20 of Article I, these Restrictions may be amended at any time by the owners of not less than seventy— five percent (75%) of the lots in the Subdivision. No amendment of the Restrictions pursuant to this Paragraph shall require Developer to relinquish any rights reserved to Developer under the Restrictions, or require a lot owner to remove any structure, wall or fence constructed in compliance with the Restrictions existing on (i) the date on which the construction of such structure, wall or fence commenced; or (ii) the date on which such owner took title to his lot if the construction of such structure, wall or fence commenced within ninety (90) c5ays of his taking title.

2. Enforcement. If any person, firm or corporation, or their respective heirs, personal representatives, successors or assigns shall violate or attempt to violate any of these Restrictions it shall be the right of Developer or any other person or rer— sons owning any lot in the Subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any Restrictions whether such proceeding is to prevent such persons from so doing or to —5—

recover damages, and if such person' is found in the proceedings to be in violation of or attempting to violate these Restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorneys fees (inclucing those incurred on appeal) incurred by the party enforcing these Restrictions. Developer shall not be obligated to enforce these Restrictions and shall not in any way or manner be held liable or responsible for any violation of these Restrictions by any person other than itself. Failure by Developer or any other person or entity to enforce any provisions of these Restrictions upon breach thereof, however long continued, shall in no event be deemed a waiver of the right to do so thereafter with respect to such breach or as to a similar breach occurring prior to subsequent thereto. Issuance of a building permit or license, which may be in conflict with these Restrictions, shall not prevent Developer or any of the lot owners in the Subdivision from enforcing these Restrictions.

3. Homeowners Association. All lots in the Subdivision are also subject to the terms and provisions of the Master Declaration. All lot owners automatically become members of the Homeowners Association, and are subject to the Articles of Incorporation, By—laws and rules and regulations thereof in effect from time to time. Pursuant t the Master Declaration, assessments are due and charges are levied by the Homeowners Association, payment of which is secured by a lien on the owner's lot. Each lot owner, by the acceptance of a deed or otherwise acquiring title to a lot thereby does agree to abide by the provisions of the Master Declaration, and uphold its responsibilities and obligations as a member of the Homeowners Association, including the payment of such assessments, dues and charges as shall be levied thereby. 4.

Severability.

Invalidation of any one of these Restrictions by judgment or court order shall not affect any of the other provisions, which shall remain .in full force and effect.

IN WITNESS WHEROF, the undersigned corporation has caused these presents to be executed in its name, under its corporate seal, by a duly authorized officer, and has executed the same on this 30 day of October , 1980.

Signed,

sealed and delivered in the presence of:

U.S. HOME CORPORATId

C. l.A.

Attest:

SEAL)

STATE OF FLORIDA SS:

COUNTY OF HU,LSBOPOUcj

I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, l.A. Beauchsup,Jr. —6—

,

to

me

well known and known to me to be the individual described in and who executed -the foregoing Declaration of Restrictions as a Division jPresident of the above named U.S. HOME CORPORATION,. and acknowledged to and before me that he executed such instrument as such Division Vice President of the corporation by due and regular corporate authority, and that said instrument is the free act and deed of the corporation. WITNESS my hand and official seal at TaiLpa of Hiflsborouqh —, State of Florida, this day of Octther l9ftQ.

County

•

at Large

My commission expir

—7—

EXHIBIT A

I j.J

'Li

(U

a

(1)

K

ADOPTED AMENDMENT TO THE DECLARATION OF RESTRICTIONS OF

CARROLLWOOD VILLAGE PHASE III, VILLAGE XIV

Additions indicated by underlining. Deletions indicated by striking through. Section 7. Fences, Walls and Hedges. Fences, walls and hedges nay be constructed or maintained to a height not to exceed six (6) feet. Fences shall only be made of cypress or other wood materials. No fence, wall or hedge

-

- ---the ewe-; -

be constructed or maintained between a Front Street Line nay and the Front Dwelling Line

Qiii casetweeit-.a-..&e._St.ee of corrr iec

fr

to

:3S 1229 CERTIFICATE OF AMENDMENT

TO THE DECLARATION OF RESTRICTIONS OF CARROLLWOOD VILLAGE PHASE III, VILLAGE XIV

WE HEREBY CERTIFY THAT the attached amendment to the Declaration of Restriction of Carrollwood Village Phase III, Village XIV, as described in Plat Book 51 at Page 75, of the Records of Hilisborough County, Florida, respectively, was duly adopted in the manner provided in the respective Declaration of Restriction.

WITNESS WHEREOF, we have affixed our hands and seals this

/ / day of 2e/Ti988, at Hillsborough County, Florida.

CARROLLWOOD VILLAGE PHASE III HOMEOWNERS

ASSOCIATION, INC.

itneses

(SEAL) Co Co

By

Attest: \LL.Vd Susan Borgo, ecretary STATE OF FLORIDA COUNTY OF HILLSBOROUGH

)

ss

On this Y-D day of H' '}—I , 1988, personally appeared Linda Churchill, President, and Susan Borgo, Secretary, and acknowledge that they executed the foregoing Certificate of Amendment for the purpose therein expressed. WITNESSETH my hand and seal the day and year last above written.

1'Notary i$1ic My Commission Expires -.

r

fl t. O. 1992

CHiD kE

IiECORD VRIFJEO '

oL

CLERK Of CIRCUIT COURt HiLL9m3OROUGH COUNTI!

Clerk of Circuit Cowl Hiilsboroiigtl County, Fla. By: Lisa M. Sutlon, D.C

// V

LAW OFFICES BECKER, POL!AI