Barcley Estates Homeowners Association

Deed Restrictions for Barcley Estates

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(Original filed in Pinellas County, FL as OFF.REC.BK 8079 PG 876, INST # 92-320046, Nov 3, 1992)

KNOW ALL MEN BY THESE PRESENTS, THAT BARCLEY ESTATES HOMEOWNERS ASSOCIATION, INC., A corporation organized and existing pursuant to the laws of Florida, hereinafter referred to as the Grantor, for itself and its successors and assigns, does hereby adopt, approve and establish for lots one (1) through ten (10), inclusive, Block 1, and lots (1) through eleven (11), inclusive, Block 2, Barcley Estates, as shown upon the plot thereof recorded in Plat Book 60, page 4 public records of Pinellas County, Florida, and for plats or replats thereof, and for each lot therein, the following restrictions, which said restrictions hereinafter recited shall be restrictions, limitations and covenants running with the land and the title thereto, and all purchasers in accepting title to any of the said described lots and lands agree to abide by and to conform to said restrictions, whether they are original or subsequent purchasers, and whether or not said restrictions are mentioned, described or recited in any or successive property transfers or encumbrances. Said restrictions are as follows and shall remain in full force and effect as hereinafter provided unless sooner amended according to the provisions herein contained for amendment, to-wit:

1. RESIDENTIAL USE:
That said lots and parcels of land shall be known and described as residential lots and shall be used for single family residential purposes only, and only one single family dwelling, shall be erected, placed, altered or permitted to remain thereon.
Single family residential household shall consist of only those persons related by marriage, birth, adoption or direct blood line; except that a household may be occupied by no more that two unrelated persons.

2. APPROVAL OF PLANS, SPECIFICATIONS AND LOCATION OF BUILDINGS:
In order to insure that the homes and other structures in said Barcley Estates will preserve a uniformly high standard of construction and beauty, no building structure, or other improvements, including but not limited to the main dwelling, garage, walls, fences, or swimming pools, shall be erected or substantially altered, or permitted upon the above-described lands unless and until the construction plans and specifications with front and side elevations, and a plot plan showing the location thereof, shall have been submitted to and approved by the Grantor, or authorized representatives, or by a committee appointed by the said Grantor, as to quality of workmanship and materials and harmony of external design and planning with existing dwellings, improvements and other structures. Such approval or disapproval of said plans, specifications and locations shall be in writing, provided, however, that in the event said Grantor or its authorized representatives, shall fail to approve or disapprove such plans, specifications and location within thirty (30) days after the plans, specifications and location plan as aforesaid have been received by it, then no approval shall be required so long as the design and location of the lot of the proposed improvements shall conform to and are in harmony with other structures and improvements then existing on said property and in the surrounding neighborhood, and so long as said construction meets with and conforms in every respect to the building laws, ordinances, regulations and restrictions as the same now exist, or may hereafter be amended, of the City of St. Petersburg, County of Pinellas, State of Florida, or any other body politic or authority having jurisdiction over same.

3. COMPLETION OF CONSTRUCTION:
Once begun, the construction of any improvements upon said property must be completed as expeditiously as possible. Maximum length of time is one year for completion of exterior construction/renovation and clean up of materials and debris.

4. TYPE AND SIZE OF BUILDINGS:
All buildings constructed or erected on said property shall be of new construction, and further, no residence shall be constructed or permitted upon said lot when said residence contains less than a minimum of twelve hundred (1200) square feet of living floor area under one roof, exclusive of garages, open porches, screened areas, breeze-ways or terraces. No building shall exceed two stories in height and all roofs shall be of approved fire resistant materials.

5. SETBACK LINES:
No dwelling or other building shall be constructed, erected or permitted nearer than twenty-five (25) feet to the front lot line, nor nearer than seven and one-half (7-1/2) feet to any interior side lot line, or nearer than fifteen (15) feet to any side lot line which is adjacent to a street.

6. TEMPORARY IMPROVEMENTS:
No trailer, tent, shack, garage, barn or other outbuilding shall at any time be used as a residence, temporary or permanently, nor shall any residence of a temporary character be permitted. A temporary building may be erected for the storage of building materials and equipment which are used in the construction of the dwelling upon said property, and said temporary building shall be removed from said premises upon completion of such dwelling. METAL STORAGE BUILDINGS. Must be behind houses or within fenced yards, away from view of neighbors and street traffic and must be maintained so as not to display rust, excessive dents, or general lack of maintenance and shall be for the sole purpose of storage of lawn, garden or pool supplies. They must be kept locked when unattended so as not to pose a hazard to pets and children. No articles of a combustible, explosive or corrosive nature may be kept within said building. Nor shall any article of a consumable nature which may attract pest or vermin be stored therein.

7. TRAILERS, BOATS, ETC.:
No house trailers or recreational vehicles shall be permitted on said property or allowed to stand in the right-of-way thereof, nor shall any commercial vehicles, or trucks larger than ¾ tons, boats or boat trailer be permitted upon said property unless that same are at all times kept within the garage on said property.

8. GARAGES – PARKING:
A private garage for not less than one car, with a minimum of twelve (12) feet in width, shall be built at the same time as the main dwelling and shall conform to the architectural design of the dwelling. Said garage shall be attached to the main dwelling, and no garage shall be constructed, erected or permitted upon any lot prior to the construction of such dwelling. No carports shall be permitted. Not more than four (4) vehicles shall be parked on a regular basis on any residential lot, and said vehicles shall be parked only on a recognized parking surface on said lot.

9. ANIMALS, PETS, ETC:
No animals, poultry, reptiles, or other livestock of any kind shall be bred, raised or kept on or in said described property, but this covenant shall not be deemed as prohibiting the keeping of no more than TWO (2) DOGS OR TWO (2) CATS OR ONE (1) DOG AND ONE (1) CAT per residence as domesticated pets. The owners of such pets shall exercise all reasonable and diligent care with such pet or pets as not to annoy other residents in the surrounding neighborhood, any such dog or cat shall be kept and maintained by said owner at all times in either an enclosed fenced area or restrained on a leash.

10. FENCES:
No fences, walls or hedges shall be constructed, erected or permitted between the front lot line and the front building setback line, and all fences, walls and hedges permitted shall conform to the architectural design and shall be in harmony with the surrounding property. The design and location of all fences, walls and hedges must be submitted for approval of the Grantor as herein provided. Finished side should be the exterior side to streets and neighbors, unfinished side to the interior.

11. GARBAGE CONTAINERS, CLOTHES LINES, ETC.:
All garbage containers, compost piles, bottle gas tanks, fuel oil tanks, and permanent clothes poles or lines shall be concealed from the view of the street and the surrounding neighbors by a six (6) foot high obscure wall that is constructed of masonry, or other approved material.

12. LANDSCAPING AND MAINTENANCE OF PREMISES:
All exterior surfaces of said property, including driveways shall at all times be properly maintained, and shall conform with the aesthetics of the neighborhood, free and clear of all underbrush debris, trash and garbage. Said property shall further be attractively landscaped with grass, shrubs, plants, etc. within a reasonable period of time after completion of any structures erected thereon. In the event any property owners shall fail, neglect or omit to maintain his/her property as herein provided for a period of more than fifteen (15) days after receiving written notice to do so from the Grantor, then in that event, said Grantor, or its agent for such purposes, shall have the right and may enter upon such property for the purpose of collecting and disposing of trash and garbage and the clearing and cleaning of underbrush, excessive growth and debris. Said Grantor shall further have the right of making assessments in an amount of the actual cost for the collection and disposal of such trash and garbage and the clearing and cleaning of such underbrush, excessive growth and debris, including reasonable attorney fees, together with the right to place a lien upon and against said property for the amount of said assessment, which lien shall be collectable at law or in equity and enforceable in the same manner as other assessments, charges or liens.

13. SIGNS:
No sign of any kind shall be permitted or maintained on any lot except realty signs, and political signs of not more than 18” x 24”. Any sign so allowed shall at all times be maintained in good condition. Any sign not allowed must be forthwith removed on written demand of the Association. After sale of house or election is past said signs must be promptly removed.

14. NO TRADE, BUSINESS, PROFESSION, ETC.:
No noxious, dangerous, or offensive trade or activity, shall be conducted or permitted upon said property, or any part thereof, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. There shall be no more than two garage sales per year per residence. No “for sale” articles shall be placed on said property with the exception of a garage sale as described above.

15. SWIMMING POOLS:
Any swimming pool constructed upon the said property must be an “inground” pool of approved material and must be fenced or enclosed and capable of being locked off for the protection of children.

16. DIVISION AND SIZE OF LOTS:
The above described lots shall not be sold or divided into plots or parcels smaller in area or size than the size or shape as the same now exist; provided, however, that provision shall not prevent the owner thereof from purchasing or selling a portion of or to an adjoining parcel of land’s owner to be incorporated into and made a part of the parcel at the time owned by said purchaser. No portion or fraction of a lot may be used except as an addition to an adjoining lot, and in the event one or more lots are developed as a unit by the owner thereof, all restrictions herein contained shall apply thereto as to a single lot.

17. RIGHT TO INSTALL AND MAINTAIN PUBLIC IMPROVEMENTS:
Grantor reserves the right and shall have the privilege of entering upon any utility easement, as may be indicated either upon the plat of this subdivision or subsequent dedications thereof at any and all reasonable times, and in any reasonable manner for the purpose of laying constructing and maintaining sewers, streets, culverts, pipes or drains, poles, wires, lines and other improvements, together with the usual and necessary appurtenances and accessories thereof, including those which form or may form a part of any heating, lighting, water supply, sewer system, streets, telephone service or similar system.

18. REMEDIES FOR VIOLATION:
Violation or breach of any condition, restriction or covenant herein contained, by any person or concern claiming under Grantor, or by virtue of any judicial proceedings, shall give Grantor or any owner of the above property, or any part thereof, who obtained his property through the Grantor, in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said condition, restrictions or covenants, and to prevent the violation or breach of any of them. All cost to remedy such violation shall be the offending property owner’s responsibility. In addition to the foregoing, the Grantor or said individual lot owners shall have the right, whenever there shall have been built on any lot any structure or improvement which is in violation of these restrictions, to enter upon the property where such violation of these restrictions exists and summarily abate or remove the same at the expense of the owner thereof, and such entry and abatement or removal shall not be deemed a trespass. Payment of ALL cost and legal fees, including reasonable attorneys’ fees, shall be the responsibility of the individual against whom the court has pronounced judgement, and unless summarily paid, shall be a lien against said property.

19. RESTRICTIONS RUN WITH THE LAND:
All restrictions or covenants shall run with the land regardless of whether or not they are specifically mentioned in any deed of conveyance subsequently executed, and the same shall be binding on all parties and all persons claiming by, through or under the Grantor until the 1st day of January 2030, at which time said covenants and restrictions shall terminate, unless at least 75% of the then legal owners of the hereinabove described property shall elect to continue all or any part thereof, and shall establish this intention by a properly executed instrument in writing which shall be recorded in the place and manner provided for at that time.

20. FAILURE TO ENFORCE:
The failure of the Grantor to enforce any building restrictions, covenant, condition, obligation, right or power herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce these rights as to the same violation or as to a breach of violation occurring prior or subsequent hereto.

21. Invalidation of any one of these covenants by judgment of Court order shall in no way affect any of the other provisions which shall remain in full force and effect.

22. The Grantor shall not be held personally liable for its failure to enforce any part of these covenants and restrictions.

23. By execution and delivery of any appropriate instrument, either the Grantor or an ownership representing three-fourths (3/4) or more of the afore-described lots, shall have the right to release, amend, waive or modify the foregoing restrictions, modifications, amendment, release or waiver shall be effective upon the recording of said instrument in the place and manner as provided for at that time.

Dated: 10/8/92
Original signed by: President GORDON MOORE & Secretary ETHEL L. ALLDREDGE
Witness signatures: G. P. SCALLION & JENNIFER SCALLION

DEED RESTRICTIONS PREPARED BY:
GERALD P. SCALLION
Attorney at Law
150 – 2nd Avenue North, Suite 1600
St. Petersburg, Florida 33701
Phone: (813) 822-2000

Notarized by: Notary Public GERALD P. SCALLION


Recording cost paid 11-03-92 in the amount of $33.00.