CWHA Restrictive Covenants--FRONTSIDE
State of Florida
County of Escambia
Whereas C.A. Hobbs, Jr. a Florida corporation, is the owner of the following described property situate, lying and being in Escambia County, Florida, to wit:
Canterbury Woods, a subdivision of a portion of Section 19, Township 2 South, Range 31 West, Escambia County, Florida, according to plat of said subdivision recorded in Plat Book 8 at page 29 of the Public Records of Escambia County, Florida
And
Whereas, Ruth S. Thomas, a widow and unremarried, is the owner of a mortgage made by C.A. Hobbs, Jr., Inc., a corporation, to Ruth S. Thomas, a widow and unremarried, dated the 31st day of March, 1971, and recorded on the 5th day of April, 1971, in Official Record book 537 at page 757, of the Public Records of Escambia County, Florida and
Whereas, the above named parties desire to encumber the above described property with the following restrictive covenants set forth hereafter to enhance the value of said property:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that C.A. Hobbs, Jr., a Florida corporation, and Ruth S. Thomas, a widow and unremarried, in consideration of the premises and benefits accruing to them, do hereby encumber the real estate herein described, and each and every lot therein with the following restrictive covenants and conditions which shall run with the land and shall be binding on all persons and parties claiming under it until January 1, 2001, at which time the said covenants shall be automatically extended for successive periods of ten years, unless by vote of the majority of the then owners of the lots in said subdivision it is agreed to change these covenants and restrictions in whole or in part. If the parties hereto, or any of them or their successors or assigns, shall violate or attempt to violate any of the covenants and conditions herein contained it shall be lawful for any other person or persons owning real estate situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and conditions to either prevent such person or persons from violating said covenants or conditions or to recover damages or other dues for such violation.
Invalidation of any one of these covenants by Judgment or Court Order shall in nowise effect any of the other provisions which shall remain in full force and effect
These Restrictive Covenants encumber only the numbered lots in the above referenced plat and are not to affect any property adjacent or contiguous to the platted lots.
A. All lots in said tract shall be known and described as residential lots. No structure shall be erected, altered, placed, or permitted to remain on any building plot other than one detached single-family lot not to exceed three stories in height and a private garage for not more than three cars and servant’s room attached to the garage on the ground floor.
B. No residential structure shall be erected or placed on any building plot which plot has an area of less than 9ooo square feet. One residential structure otherwise complying with the provisions of these restrictive covenants, so placed as to comply with the set-back requirements as set forth in Section C herein, may be erected on any lot as shown on the recorded plat of said subdivision. It is agreed that should a building plot consist of a portion of a lot or a portion of two or more lots as show by said recorded plat, the provisions of this paragraph to area shall apply.
C. No building shall be located nearer than 25 feet from the front lot line or nearer than 5 feet to the side plot and maintaining a minimum of 15 feet between houses. In any event, no building shall be located on any building plot nearer than 25 feet to the front lot line nor nearer than 15 feet to any street line, except a detached garage, which garage shall not be located nearer than 3 feet to any side plot line, and shall be on the rear 50 feet of the plot.
D. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, such as kennels, stables, animal shelters, etc.
E. No fence of any description shall be erected nearer to the front lot line than the front of the house located on that lot, provided, however, in the case of corner lots no fence of any description shall be erected nearer to the front lot line than the front of the house on that lot and nearer to the side street line than the side of the house nearest to the street. This restriction does not apply to a growing fence or a hedge not over three feet in height.
F. No trailer, basement, tent, shack, garage, barn, or other building erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character including unfinished dwelling be used as a residence or moved on to any lot in this subdivision.
G. No building shall be erected on any building lot in the subdivision until the building plans, specifications and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision and as to location of such building with respect to topography and finished ground elevation by C.A. Hobbs, Jr., or his representative. If designated representative fails to approve or disapprove such design and location within 30 days after plans and specifications have been submitted to it, or, in any event, if no suit to enjoin the erection or the making of such alteration has been commenced prior to the completion thereof such approval will not be required and this covenant will be deemed to have been complied with in full. C.A. Hobbs, Jr. or his designated representative shall receive no compensation for service performed pursuant to this covenant. After January 1, 1981, the approval described in this covenant shall not be required unless prior to said date a written instrument shall be executed by the record owner of a majority of the lots in the subdivision and duly recorded appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by said C.A. Hobbs, Jr.
H. No dwelling shall be erected on any lot in the tract on which the ground floor area of the main structure, exclusive of one-story open porches and garages, is less than 1200 square feet.
THE FOLLOWING EASEMENTS WERE ADDED 30 DECEMBER, 1971.
I. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat over the rear three feet of each lot. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible.
J. No oil-drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted upon or in any lot. No derrick or other structure designed for use in boring or oil or natural gas be erected, maintained, or permitted upon any lot.
All other forms and conditions of the aforesaid restrictive covenants shall remain unchanged and in full force and effect.