Deed Restrictions Phase III - Mill Creek Homeowner`s Association

DECLARA'1'XON OF COVENANTS, COND%'1'IONS «
BASEMENTS AND RESTRXCTXONS OF
MXLL CREEK SUBDXVISXON, PHASE 1:%X
327903
'1'HXS DECLARA'1'%ON XS MADE this
day of
,
1989, by PURSLBY, XNC., a Florida corporation,
(hereinafter
re£erred to as wDeveloper"', being the owner of all of the real
property lying and being in MXLL CREEK SUBDrvISION, PHASE lXX, a
subdivision as per plat thereof recorded in Plat Book-2~ , Pages
~ 9 through .-i'Jh, inolulJive, of the Public Records -or-Manatee
CoWi'ty, Flori~
WIT N E SSE '1' He
---------'l'HAT in order to promote the uniform development of MILL
CREEK SUBDIVISXON, PHASE III, to insure that only Single family
residences of high quality are construoted therein, and to insure
that the quality of the neighborhood will be preserved and
maintained, Developer hereby makes this Declaration of Covenants,
Conditione~ Easements and Restrictions,
(hereinafter referred to
as
"Declaration", ,
the
terms of which Declaration
ehal.l.
constitute covenants running with the land and shall be binding
upon and inure to the benefit of all preeent and future OWners of
any Lot or parcel. of l.and lying within and forming a part of MILL
CREEK SUBDXVISION, PHASE IIX, as hereinafter defined.
The
Developer has previously established and formed MILL CREEK
In
ASSOCXATXON, XNC. and the Association has adopted Byl.aws.
order to assure the uniform and orqanized devel.opment of MILL
CREEK, each Phase shall. be inol.uded in and lot owners wil.l be
members of the Association.
However, each Phase of MILL CREEK
shal.l have a separate Declaration to meet the specific needs of
each Phase.
ARTICLE I
R£CORD vmlAm
R.a SHO~ OFC~IT COOt'" BY::> ~¥~~fin.itiO"S
The fol1owin.g words, when used in this Deolaration (unless
the context shall prohibit), shall have ~he following meaningst
(a)
"Assooiation" shal.l mean and refer to MILL CREEK
ASSOCXATXON, XNe., a Fl.orida corporation not-far-profit, its
successors and assigns.
(b)
"Nature Preserved shall. mean and refer to that
area as shown on the plat of the Subdivision, and designated
"Nature Preserve".
(c) -MILL CREEK SUBDXVISION, PHASE IlI n shall mean and
refer to t!le_ Single family residential subdivision recorded in
Plat Book~, Pages ~ through~, incl.usive, of the Public
Records of Manatee County, Florida.
(d)
"Developer" ahall be construed in the sinqul.ar and
pl.ural, as is necessary. and shall mean and refer to Pursley.
Inc." its nominees, successors and assigns.
(e)
"Lot" shall mean and refer to the residential lots
designated on the plat of MILL CREEK SUBDIVXSION, PHASE III.
(f) "Lot Owner" or "OWner" shall mean and refer to the
record fee simple title hol.der, whether one or more persons or
entities, of a Lot in the Subdivision.
(g'
"Subdivision" shall mean and refer to MILL CREEK
SUBDIVISION, P~~E III, a~!r plat thereof recorded in Plat Book
~~, Pages ~ through
~. inclusive, of the Public Rscords
OliManatee County, Plorida.
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ARTICLE II Proper~y Subjec~
to
~his
Dso1aration ~he real property which is and shall be held. ~ransferred.
sold, conveyed and occupied subjec~ to the provisions of this
Declaration is all of the property forming and being a part of
MILL CaBER SUBDIVISION, PHASB III.
ARTICLE lIt
Res~rictive
Covenants
In order to establish and maintain an exclusive residential
subdivision of the highest quaU..ty for the maximum bsnefit and
enjoyment of its reaiden~a, ~he following covenan~a, conditions,
easemen~B
and restrictions sba11 constitute covenants running
with ~be land and sbal1 be binding upon and inure to ~he benefit
of all owners of Lots lying and being in the Subdivision.
1.
ReBiden~ia1 Lo~s.
All Lots shall be known and
described as resIdentIal io~s and shall be used solely for single
family residen~ial purposes.
No building shall be erected,
al~ered, placed or permit~ed to remain on any Lot other ~han one
(1) detached single-family dwelling (no~ exceeding ~hirty-five
(35) fee~ in heigh~) which dwelling must have a minimum two (2)
car enclosed garage. The permitted dwelling shall be in a style,
form and
appearance which
shall be
harmonious with
the
nrehitoctural motif Of the Subdivision and shall be aesthetically
complimentary thereto.
No construction of any kind shall be
permitted until the approval of the Architectural Committee has
been obtained in writing, as hereinafter provided.
2.
Compliance
with
AP~licable
Governmental
Regy1ationa.
Any and all constructionn the SUbdIvIsIon shall
be n compliance with all applicable state and local governmental
regulations, including but not limited to, building codes, zoning
regulations and setback requirements, which may be in effect from
time to time.
3.
Minimum Floor Space.
No dwelling which haa a
livable f100r space of less than 1,500 square feet, exclusive of
open
porches,
terraces,
lanais,
garages
or
other
like
Lmprovemen~e shall be constructed or maintained upon any lot in
the Subdivision.
4.
Outbuildinl1. No de~ached outbuildings, including
aluminum sheds or port le structures shall be placed or
constructed on any lot at any time except one detached
outbuilding up to 500 square feet (25 x 20) will be allowed on
each lot provided construction materials and colors for each
match those of the main house and further, provided each buildinq
has Architectural Commit~ee approval prior to commencement of
conetruction or installation of said structure. variances may be
Lssued by the Architectural Committee.
5.
Recreational Vehicles.
No boat, travel trailer,
recraationsl vehIcle, motor horne, camper or similar vehicle shall
be allowed or stored on any Lot unless it is appropriately
garaged.
No travel-trailers, boats, tents, temporary structures
or like improvements shall be used ae a residence in the
Subdivision at any time.
6.
Mobile Homes.
No trailer, mobile home (single or
double wide), outbui1a!nq or similar structure shall be placed or
constructed on any Lot at any time, either temporarily or
permanently, except as provided under the provisions o£ Paraqraph
15 of this Article III (Temporary Structures) below and Paraqraph
4 of this Article III (Outbuildings) above.
7.
Motorcycles.
No motorcycles, motorbikes. four
wheel drive vehiCles, minibikes, trail bikes or other similar
motor driven vehicles shall be operated upon any Lot or parcel of
land in the Subdivision. Trails or tracks for such power driven
-2-
O.B. 1264 PO
3903
bikes a~e speoifically prohlbi~ed from all Lots or parcels wl~bln
the Subdivision. Any such veh10les must be garaged or otherwised
stored in such a manner that they are not visible from any other
Lo~ or from the streets.
Main~enance work, except for waehing or
minor repairs, may not be undertaken on any vehioles of any
nature whatsoever except inGide a garage.
D.
Siqns. No sign of any kind shall be displayed to
public View on any Lo~ in the Subdivision, except as herewith
provided.
~he
(a)
For Sale By OWner Signs.
No sign of any kind shall be displayed to the
public view on any Lot except one (1) sign of not more ~han six
(6) square feet or 2'-0" x 3'-0" in size, advertising the Lot for
sale or ren~.
All signs shall be erected on wooden Sign posts
obtained through the Homeowners' Association. No metal sign post
shall be allowed to advertise any Lot, house or service for sale.
Cb)
Realtor's For Sale Signs.
One realtor sign may be displayed on each Lot
on the above-described wooden post.
The realtor sign shall not
exceed six (6) square feet or 2'-0" x 3'_0" in size. One trailer
sign not larger than 6" x 3' may be displayed above the post's
arm or attached below larger sign indicating sales associate' s
name, whether the Lot is sold, an open house, etc.
(c)
Builder Signs.
Any general contractor licensed in the State
of Florida may display to the public view, his company sign, but
only on a Lot which he owns or upon which he is currently
constructing a building, provided, however, he may display only
one (1) siqn of not more than six (6) square feet or 2'-0" or
3'-0" in size, advertising his company only.
This sign shall be
erected on a wooden post obtained through the Homeowners'
Association.
All other subcontractor signage ahall not be
permitted to be displayed in the Subdivision.
(d)
open House Signs (owner).
owner shall obtain one (ll sign post from the
Homeowners' Association, for advertising an open house, which
sign post shall be place only upon the owner's Lot or such other
place as may be designated in writinq by the Homeowners'
Association. No metal sign posts or other siqnaqe advertising an
open house shall be permitted.
(e)
Open House Signs (Realtor).
Realtor shall obtain one (l., sign poat from
the Homeowners • Association for advertisinq an open house.
No
metal siqn posts or other signage advertisinq an open house shall
be al.lowed.
Realtor shall be all.owed to display the opsn
house sign from 1.00 p.m. \.mtil 5,00 p.m. on Saturdays and
Sundays only. Two (2) pole flags advertising the open house may
be erected at the driveway entry.
No other types of flags,
banners, streamers shall. be placed around the Lot, house or any
other location \l1ithin the Subdivision. Realtor shall not display
arrow signs within the Subdivision, directing traffic to the open
house.
(f)
Sign Post.
The
Hom.:o.nlers·
Association
available to the Owner, the builder, and the
fol.lowing sign postz
shall
mcke
realtor the
A 4" x 4" wooden post of sufficient height as
to hanq one (1) six (6) square foot sign with
-3-
O. R. 1284 P8
3904
t\ 4- K 4- waoden horizontal tn:m attached to
the vartical post. The wooden horizontal arm
shall be equipped with two (2'
hooks for
securing a slvn.
-J-
Each OWner, builder or realtor obtaining a sign post shall
deposit the sum of Twenty-Five and 00/100 Dollars ($25.00) with
the Homeownars' Association prior to receiving the Sign post.
The deposit shall be refunded upon return of the sivn post in
voad condition.
(v) No more than one (1) post with signage shall
be displayed on any Lot at anyone time.
(h)
All signs must be professionally lettered.
U)
Display of all other signs shall be subject
to the prior written approval of the Architectural Review Board.
The Developer is excluded from eomplying with the
provisions of this paragraph 7 and may place signs throughout the
Subdivision in the manner it deems proper.
9.
Mailboxes.
No mailbox of any kind shall be
constructed or maintained on any Lot in the Subdivision, except
as hereinafter providedl
(a) For so long as the Developer is a Class B
member of the Aeeociation, only those mailboxes which are
approved by the Developer shall be used in the Subdivision.
Subsequent thereto, the Architectural Committee ehall approve the
type, design and color of mailboxes which may be used in the
Subdivision.
Until Developer gives notice to the contrary,
Developer shall provide, at owners expense, a mailbox and post
for each Lot, which mailbox shall be of a common design and calor
and shall be \tsed throughout the Subdivision.. such mailbox and
post shall be installed at the individual Lot Owner's expense and
shall be located on his Lot at the location as directed by the
Developer to insure uniformity throughout. Such mailbox and post
will be provided by the Developer upon receiving a request
therofore from a Lot OWner.
(b) Maintenance of the mailbox and post shall be
provided by the Association to insure the continued acceptable
appearance of the Subdivision.
10..
SW1mmi~
Pools.
No swimming pools
constructed on a n y t in the Subdivision, except
provided,
shall be
as herein
(a) All swimming pools shall be designed and
constructed so that the deck and surrounding patio or walkway, if
any, is at ground level. This provision is intended to prohibit
the installation of any above-ground swimming pools on any Lot in
the Subdivision.
(b) The Architectural Committee shall have the
power and the authority to allow for some deviation in this
restriction
in
cases
where
existinq
conditions
prohibit
construction of such an improvement at absolute ground level, but
in no case shall it allow the construction of an above-ground
swimming pool.
11.
Clothes DrYin~ Area.
No portion of any Lot ehall
be used for dryIng or hang nq clothes or laundry <>f any ki.nd,
unless such area is adequately hidden from the view of the street
and any neighboring lot.
12.
Refuse.
No Lot shall be used or maintained as a
dumping qround for trash, rubbish or garbaqe.
Trash or garbage
containers, oil tanks, or bottled gas tanks must be underground
or placed in walled-in areas so they shall not be visible from
the adjoininq properties or from the street.
-4-
O.R. 1284 P8
3905
13.
Animals.
No livestock or poultry of any kind
shall be placed, kept or maintained on any Lot or part of the
8ubdivJ.aion, except that Lot OWners may keep usual house pets,
provided that they do not become a nuisance or an annoyanoe to
the neighborhood and provided tbat they are not kept, bred or
maintained for any commercial purposes.
All animals permitted
purauant to this soction shall be shall be kept on a leash except
when they are within an enclosed area. All pet ownera ahall be
fully responsible for the actions of their pets.
14.
Mining.
No refining, quarrying, barrowing or
mining operations of any kind 8hall be permitted on any Lot or
any part of the Subdivision.
15.
Temporary Structures. No structure of a temporary
character shal1 be placed upon any Lot at any time, provided,
however, that this prohibit1..on shall not apply to construction
tra1..1ers or construction off1..ces used by the Developer and/or Lot
Owners durinq the construction of the residential dwelling on a
Lot owned by the Developer or Bucll Lot OWner, it being clearly
understOOd that these latter temporary shelters shall not, at any
time, be used as residences or permitted to remain on the Lot
after completion of construction.
16.
Unused Eguipment.
No unused equipment, such a9
car bodies, materIals or unsIqhtly debris shall be allowed to
remain on any Lot unless under roof and unless the same is
concealed from public view.
17.
subdivided.
No
Further
Subdividing.
No
Lot
shall.
be
18.
Time Limit on Construction. The exterior for all
residential dwellings and other accessory structures shall be
completed within one (l) year after the commencement of the
construction, except where such completion is made impossible or
would result in great hardehip to the Lot Owner or builder due to
strikes, fires, national emergencies, natural calamities, or the
impossibility of obtaining necessary materials or reasonable
substitutes therefor.
19.
Sales A~enCY.
Notwithstanding anything to the
contrary herein conta ned, the Developer may construct and
maintain a sales agency office or offices, together with a sign
or Signs, on Lots of its choosing in the Subdivision.
20.
Commercial Vehicles.
Commercial vehicles shall
not be allowed to remaIn on the streets within the Subdivision,
except when conducting business.
1':f an OWner has a commercial
vehicle, it must be appropriately garaged or screened ao aa not
to be an unsightly nuisance to the neighborhood.
21.
Nature Preserve.
Portions of some Lots in the
Subdivision lie wIthIn the Nature Preserve.
The Nature Preserve
is a naturally wooded area and it is intended that this area be
protected so that its natural character will not be destroyed or
disturbed.
To insure the continued existence of this area, no
structures shall be permitted to be built within any portion of
the Nature Preserve, and there shall be no tree removal or
clearing of such area which would destroy the natural character
of that area.
22.
Utility and Drainage Easements.
(a)
Easements for the installation and maintenance of
utilities and drainaqe facilities are shown on the recorded plat
for the Subdivision.
No structures, planting or other materials
shall be placed or permitted to remain within these easement
areas which may impair the intended use of such easement areas,
including but not limited to, chanqinq the direction or flow of
drainage channels in the easements, or which may obstruct or
retard the flow of water throuqh drainage channels in the
easements.
The easement areas on each Lot and all improvements
thereon shall be maintained continuously by the OWner of the Lot
-5-
O.R. 1264 PO
3906
on whioh ~hey are located, except those improvements for whicb a
pub1io authori~y or utility company is ~eaponsible.
~he
Developer reserves the right for itse1f and for the benefit of
the Association, publio or p~ivate utility agencies, authorities
or franchises, to enter upon any Lot or ths Nature Preeerve for
the purpt)l!~e of installinq, maintaininq, repairinq or replacinq
any utility or drainaqe faoility wi1:hin the easement area without
notice to or consent from any Lot OWner or the Association and
without compensation to any Lot Owner or the Association. Suoh
entries ahall be deemed lawful entries and not trespasses.
(b) All utility lines and lead in wires, including but
not limited to those for electrical and telephone service located
within the confines of a Lot, shall be located underground at a
depth of not less than twelve (12) inches from t.he surface,
provided, however, nothinq cont.ained herein shall prevent an
aboveqround temporary power line t.o a residential dwellinq durinq
the construction thereof.
23.
Maintenance of Lots.
Each Lot OWner shall keep
his Lot free of all accumUlatIon of trash or other mat.erial Which
may present an unsiqhtly appearance or constitute a fire hazard.
Xn the event a Lot owner fails to keep his Lot free of such
accumulated trash and other like materials, then t.he Aesociation
may enter upon said Lot and remove such refuse and charge the Lot.
OWners for such services, and every such entry on the part of the
Association or its employees or agents shall be deemed to be a
lawful entry and not a trespass. Absolutely no burninq of any
material of any nature shall be permitted on any Lot at any time.
Xn addition, each Lot Owner shall mow the Lot periodically to
ensure that qrass and weeds do not exceed twelve (12J inches in
heiqht.
24.
Lawful Conduct. No unlawful or immoral use shall
made of any Lot or any part thereof, and no noxious or
offensive trade or activity shall be carried on upon any Lot nor
shall anythinq be done thereon which may be may become an
annoyance or nuisance to the neighboring Lots or to the
subdivision.
be
25.
Antennas. No outside antenna, receivinq dish or
other similar radio or television receiving apparatus whatsoever
shall be placed, maintained or constructed on any Lot.
26.
Front Yard Buildincr Setback.
There ahall be a
minimum front yard buILdIng set baCk of fIfty (50) feet. On lots
where a Nature Preserve, lake or conservation easement exists,
the Architectural Committee may reduce the front yard buildinq
set back line by an amount equal to the distance the preservation
or conservation Area or the lake occupies in the rear of that
particular lot, however, the Architectural Committee is not
required to allow this variance and in no case shall the front
yard buildinq setback be less than that required by the Manatee
County Zoning Code.
27.
Draina~e.
All impervious surfaces on a Lot
including but not 1 mlted to driveways and roofs shall drain
directly to the street adjacent to said Lot. Compliance with the
foregoing shall require a mini.mum of the use of roof qutters
along ths rear of the home and downspouts directed toward the
street. The Architectural Committee may in its discretion impose
additional requirements as necessary to ensure compliance with
the drainaqe requirements.
28.
Lakes, Maintenance Easement. The riqht to pump or
otherwise remove any water from the lakes now existinq or which
may hereafter be erected either within the subdiVision or
adjacent or near thereto, for the purpose of irrigation or other
use, and the placement of any matter or object. in such lakes
shall require the written consent of the Developer or the
Association.
The Developer and the Association shall have the
riqht to control the wat.er level of all lakes and to control the
growth and irriqation of plants, fowl, reptiles, animals, fish
and fungi and in on such lakes.
The Owner of each lake lot
-6­
O.R. 1284 PI
3907
recognizes
~ha~
the
plan~s
and fauna on
~he
lake are necessary
~o
fil~er ~he stormwater runoff from ~he Bubdivision and ~e owner
shall not disturb or al~ar ~he plan~s or fauna wi~hou~ the
consent of the Developer or Associa~ion. The owners of lO~8 upon
which a lake is si ~ua~ed shall be responsible for ~hs cos~ of
main~aining the lake as provided for in Article V, Section 6
excep~ ~ha~ all members of ~he Association shall be responsible
for ~he main~enance of the littoral zone improvements aud plants
and ~he ou~fall structure as par~ of the assessments. No docks,
bulkheads,. moorings, pilings, boat shelters or other struo~ure
shall be constructed on any embankments adjacen~ ~o such lakes or
within such lakes without ~he wri~ten consent of ~he Association
or archi~ec~ural con~rol commit~ee ~hereof.
No gas or diesel
driven boa~ shall be permi~ted to be opera~ed on any lakes. Lake
Lo~s
Bhall be main~ained by the OWners of suoh 10~B and any
embankmen~s shall be main~ained by the owners so that grass,
planting or o~her la~eral support to prevent erosion of the
embankment of the lake and the height, grade and con~our of the
embankmen~ shall not be chanqed without the prior wri~~en consent
of ~he Association or archi~ectural control committee thereof.
The area along- the water' s edg'e of any lake shall also be
maintained by ~he owner of said Lake Lot as if said area were a
por~ion of ~hs Lot owned and shall be landscaped and/or sodded by
said owner.
If the OWner of any Lake Lot or the Association
fails to maintain such embankmen~ or area as par~ of the
landscape
maintenance
obligations
in
accordance
with
the
foregoing,. the Developer or its agent or representa~ive shall
have the right, but no obliga~ion, to en~er upon any such Lake
Lot or area to perform such maintenance work Which may be
reasonably required, all at the expense of the OWner of such Lake
Lo~ or ~he Aasociation.
The Developer shall be responsible for
the maintenance of any portion of ~he lake(s) which are located
on Developer's property and have not been subdivided.
Owners
shall have the rig-ht to reasonable use and benefit of the lakes
now existing or which may hereafter be erected, either within the
Subdivision or adjacent thereto,
subject ~o the rig-ht of
Developer
or
Aasocia.tion
to
adopt
reasonable
rules
and
regulations from time to time in connection with use of the l~kes
by
OWners
and Developer' B
deSignees
and
assignees.
The
Assooiation or the Developer shall have the right to deny such
use ~o any person who in the opinion of the Developer, or in the
opinion of the Association may create or participate in the
disturbance or nuisance on any part of the lakes.
The right to
reasonable use and benefit of the lakss may be subject to SUch
other persons as may be deSignated by Developer or the
Association from time to time.
29.
Right of Entr~ and Maintenance bI: Count". Manatee
County shall have the rlgh, but no obl1gat on to enter the
subdivision to maintain the lakes located therein.
In the evant
the County enters the subdivision and incurs expenses in so
maintaining-, it shall have the riqh~ to charge those expenses to
the Association.
These rights shall be in addition to those
riqh~s
Manatee County has under law.
The Manatee County law
enforcement officers, health and pollution control personnel.
emergency medical service personnel and firefighting personnel,
While in pursuit of their duties, are hereby granted authority to
enter upon any and all portions of the area under the management
or control of the Association as may be necesoary to perform
their duties.
30. Conservation Area.
Areas on the plat designated
"conservation area" or areas designated on the Plat as subject to
an Easement in favor of ei~her the Dspartmen~ of Environmental
Regulation or the Manatee County Po11ution control Department are
subject to rsstric~ions containsd in said sasement (s) •
No Lot
owner shall violate said restrictions.
31. Sou~hwest
Florida
Water
Manaqement
District
Regulations.
:It shall be the responsIS!lIty of each property
owner wIthin the Subdivision at the time of construction of any
building, residence or other structure, to comply with the
construction plans approved and on file with the Southwest
Florida Water Management District as part of the stormwater
O.B. 1264 PI
3908
management system for development of the Subdivision pursuant to
Chapter 40D-4 of the Plorida Administrative Code.
No owner of property within the subdivision may oonstruot or
ma1nta1n any building, residence or struoture, or undertake or
perform any aot1vity 1n the wetland and upland oonservation areas
desoribed in the reoorded plat of the subdivis10n exoept for
mulohed pathways or boardwalks unless prior approval is received
from the Southwest Plorida Water Management Distr1ct pursuant to
Chapter 40D-4 of the Florida Administrative Code.
32.
Street Lights.
'i'he Deve1.oper, at its init1a1. expense, sha1.1 install
eight (8) street light posts in the subdiviSion.
Florida Power
and Light haa agreed to reimburse the Deve1.oper for the cost of
the 1.ight posts over a ten
(10'
year period.
Once the
Homeowners • Association is turned over to thc Homeowners in
acoordanoe with Artiole XV, The Homeowners' Association shall
forward the reimbursement from F1.orida Power and Light to
Developer.
Further, the cost of electricity for the street
lights shall be an assooiation expense and shall be paid to the
Developer prior to turnover of The Homeowners' Association to the
Homeowners and thereafter paid directly to Florida Power and
Light.
33.
Arohitectural Control.
(a)
APs;roval of Plans.
'1'0 further i.nsure the
development of the su dIvIsion as a res1dentia1. area of the
highest quaU.ty and standards and in order to insure that all
improvements constructed upon each Lot in the Subdivision shall
present an attractive and pleasing appearance from all sides of
view, there sha1.1 be an Architectural committee to review a1.1
plans and specif1cations prior to commencement of construction of
any Lot
in
said Subdivision.
'i'he original Architectural
Committee shall be composed of three (3) persons appointed by the
Developer who shall serve on said committee so long as the
Developer is a member of the Association.
At such time as the
Developer is no longer an OWner of any Lot in the Subdivision,
then the Associat-.lon shall appoint an Arch1tectural Committee to
replace the committee originally appOinted by the Developer.
(b)
Power of Architectural Committee.
(1)
The Architectural Committee J.s hereby
given and qranted the exclusJ.ve power and discretion to control
and approve all buJ.ldings, structures and other improvements to
be constructed upon each Lot in the SubdJ.viaion in the manner and
to the extent set forth herein. No residence, building, or other
structure and no fence, walled utilJ.ty area, driveway, swimming
pool or other structure or improvement, regardless CJf size or
purpose, whether attached to or detached from the main residence,
shall be commenced, placed, erected or allowed to remaJ.n on any
Lot in the Subdiv.i.sion nor shall any addition to or exterior
change of alteration be made to any existing residence building
or structure un1.ess and until building plans and specifications
coverinq the swne, showing the nature, kind and shape, height,
sJ.ze, mat.erials, floor plana, exter;ior col-or r.chemes, location
and
orientation
of
Lot
and
apprOXimate
square
footage,
construction schedule, front side and rear elevations, and such
other information as the Comm;ittee shall require, including, if
so required, plans for the grading and landscaping of the Lots
showinq any changes proposed to be made in the elevation or
purpose contours of the land, have been submitted to and approQud
in writing by the Committee.
(2) Front elevations of all residences, buildinqs
or structu~es vJ.sible from a right-of-way sha11 be constructed of
either bl.· ~ck, wood, stone or sJ.milar material approved by the
Committee.
All architectural, remodeling and 1andscapJ.ng p1ans
must be accompan1ed by site plans which show the location of home
on each site of the residence under consideration. The Committee
sha11 have the absolute and exclusive riqht to refuse to approve
-8-
O. R. 1264 PI
3909
any such buildinq plana and specificat.ions and lot. qradinq and
landscapinq plans which a~e not. suitable or desirable in it.s sole
discret.ion and opinion for any reason, includinq pu~ely aest.hetio
reasons.
In t.he event. t.he COmmit.tee rejects any proposed plans
and spsoifioat.i.ons as submitted, the Committee shall so inform
the propert.y owner in writ.ing, stating wit.h reasonable det.ail t.he
reasonCs) for diaapproval and the Committee's recommendat.ion t.o
remedy same if, in the sole opinion of the Commit.tee, a
sat.isfactory remedy is possible.
In passing upon suoh building
plana, the Commit.tee may t.ake int.o oonsiderat.ion t.he suitability
and desirabilit.y of the proposed construct.ion and of the
mat.eriale of whioh the same are proposed to be built, the
building plot where ths proposed oonstruotion is erpcted, the
quality of the proposed workmanship and materials, the harmony
and exterior design with the surrounding neighborhood and
existing st.ructures therein and the effect end appearanoe of such
oonst.ruot.ion as viewed from neighboring properties. In addition,
there shall be submitted to the Committee for approval such
eamples of building materials proposed to be used as the
Committee shall specify and require.
(c) Method of Approval.
As a prerequisite to
consideration
for
approval,
and
prior
to
beginning
the
contemplated work, the Lot Owner shall submit two (2) complete
eets of plans and speoifications to the Committee for review.
Upon the Committee giving written approval of t.he plans and
epeci£ications, construction shall be commenced end proceed to
oompletion promptly end in strict conformity with suoh plans and
specifications.
The Committee shall be entitled to enjoin any
construct.ion in violation of t.hese provisions and any suoh
exterior addition to or change or alterations made without
application having firet been made and approval obtained as
required shall be deemed to be in violations of this covenant and
may be required to be ~estored to the original oondition at the
Lot OWner' 8 cost.. Xn the event the Committee fails within thirty
(30, days of receipt of proposed plans and specifioations to
approve or disapprove the same, approval will not be required and
this paragraph shall be deemed to have been fully complied with ..
(d) All structures must be built to comply
eubstantially with the plans and speCifications as approved by
the Committee and before any house can be ocoupied, i t must be
oompletely £inished and a Certifioate of Completion must be
issued by the Committee.
34.
Enforoement of Restrictive Covenants.
Xf any Lot
Ownsr or future Lot owner of any Lot In the SUbdivision shall
violate anyone or more of the oovenants and restriotions or
attempt to violate any ane or more of the covenants and
restrictions set forth in this Article IXX. it shall be lawful
and proper for any other Lot Owner or Lot Owners owning Lots
within the Subdivision or the Assooiation to bring and proseoute
any proceeding at law or in equity against the person or persons
violating or attempting to violete the same" either to prevent.
such violation or to reoover damages by reason thereof..
The
prevailing party to each action shall be entitled to recover all
costs and expenses. including Court costs, from the losing party
or parties and reasonable attorney's fees, incurred by the
prevailing party in bringing such action, includi.ng same on
appeal.
AR'l':ICLE :IV
Homeowners' Assooiation
1..
Xnoorporati.on.
The Developer has caused MILL
CREEK ASSOCIAT:ION, :INC., a Florida corporation not··for-profit, to
be incorporated pursuant to the Florida Statutes.
2..
Purpose s ..
The
purposes
inolude, but are not limited to,
of
the
Association
(a'
Promoting the health, safety and general
welfare of the residents of MILL CREEK SUBDIVISION, PHASE III,
-9-
O.B.. 1264 PI
3910
Cb, Const¥ucting,
in8ta11ing,
improving,
maintaining an4 repairing any propertiee lying within the Nature
Presoawe which viva common benefit to 011 reaidenta in tha
Subdiviaion,
Cc) Adopting such guide1ines and ru1es as it
deems necessary to contro1 the over-a11 appearance of the Nature
Preearve, as wa11 ae tha uses thereof,
(d) purchasing, insta1ling and maintaining any
which the Association deems necessary for the
~provament of the SubdiVision, inc1uding, but not limited to tha
installation and maintenance of median and entry-way landscaping,
entry-way sign, pub1ic street 1ighting throughout the Subdivision
and other 8~ilar improvements,
improvements
(e) owning,
constructing and maintaining any
recreationa1 facilities which the Association deems to be in its
beat interest,
(f) Maintaining any easement areas within
Subdivision which are not deemed properly maintained by
individua1 Lot OWUere.
the
the
(g) owning, operating and maintaining the surface
water management system as perBIitted by the Southwest Florida
water Management District, including all lakee, retention areas,
culverts and related appurtenances unless otherwise provided
herein.
Alterations to the perBIitted system will require a
permit from the Southwest Florida Water Management District.
3.
Membershie.
Each Lot owner of any Lot lying wi thin MILL CREER
SUBDXVISXON, PRASE XXX
(notwithstanding how such ownership
interest was acquired) sha11 be a member of the Association and,
by acceptance of any ownership intorest in a Lot, agrees to
comp1y with and abide by the terms and prOVisions set forth in
this Declaration, the Articles of Incorporation and the Bylaws of
the Association, as they may be amended from time to time,
together with such aulss and Regu1ations as may be adopted and
amended by the Association from time to time.
4.
Voting Classification.
two (2) classes of votinq membershIp.
The Association shall have
(a) CLASS A.
Class A members sha11 be all Lot
OWners, with the exceptIon of the Developer, and there shall be
ons (1) vote for each Lot, except as otherwise provided in the
Bylaws.
(b) CLASS B. The sole Class B member shall be
the Developer, and It shall be entitled to cast euch number of
votes, on each and every matter coming before the membership for
Q
vote thoreon, equal to the product obtained when multiplying
the number of C1ass A votes entitled to be cast times four (4).
Ths Class B membership shall cease and be converted to Class A
membership on the happeninq 0 f any of the following events,
whichever occurs earlier:
(1) When Developer has sold and conveyed all
Lots to third parties, or
(2) When Developer elects in its sale
discretion
to
transfer
contro1
of
the
Association to the Class A membership, or
(3)
On January 1, 2010.
(c) Notwithstanding anythinq to the contrary
contained herein, upon conversion of the Class B memberShip to
Class A membership, the Developer shall become a Class A member
with reqard to each Lot owned by it, and shall be entitled to one
-10-
0.1. 1264 P8
3911
(1, vo~e for each such Lo~ on all questions and matters comIng
before tho membership of the Association for a vote thereon.
ARTICLE V Covenants for Assessments aus
1.
Creation of Llen and Personal Obii ation of
Assessments. Each OWner of any LOt lyinq with the
division.
(reqsrdiess of
how titIe
is acquired,
including- without
limi~ation, a purchaee at a judicial sale), by acceptance of such
ownership, shall hereafter be deemed to covenant and agree to pay
~o the Association any
annual assessment or charqes and any
special assessment which the Association shall from t~e to time
fix and establish in accordance with terms hereinafter set forth.
All such assessments, toqether with interest thereon from the
date due at the rate of fifteen percent (15i) per annum and costs
of collection thereof including attornoy's feos, shall be a
charge on the OWner's Lot and shall be a continuinq lien upon the
Lot aqainst which each such assessment is made.
The liability
for asssssments may not be avoided by waiver of the use and
enjoyment of the Nature Preserve, or by abandonment of the Lot
aqainst which the assessment was made.
In a
Volu"tltary
conveyance, the buyer shall be jointly and severally liable with
the seller for all unpaid assessments ag-ainst the latter for his
share of the common expensss up to the time of such volun~ary
conveyance without prejudice to the riqhtlll of the buyer to
recover from the seller the amounts paid by the buyer therefor.
2.
Effective Date of Lien.
Notwithstandinq the
foreg-oing. a lien for unpaid assessments shall only be effective
from and after the time of recording in the Public Records of
Manatee County, Florida, a Claim of Lien sta~ing the description
of the Lot, the name of the Lot owner, the amount due and the
date whsn due, and the lien shall continue in effect until all
eums secured by the lien shall have been fully paid.
3.
pur*ose of Assessments. The assessments levied by
the Association s all be used to promote the health, safety.
welfare and recreation of the residents of the Subdivision, and
in particular for effectuatinq the purposes of the Association
from time to time, including- but not limited to those set forth
in Article IV above. In addition, the assessments shall be used
to pay the Association's costs of taxes, insurance, labor,
equipment, materials, manaqement, maintenance, and supervision of
the Association area and any other areas within the SubdiVision
which are of common benefit ~o the Owners, as well as for such
other pe~issible activities undertaken by the Association.
4.
Annual
Assessments.
The
annual
assessment,
including funds for specIal Lmprovement projects, shall be
determined on a yearly basis by the Board of Directors of the
Assooiation, including reasonable reserves.
Annual assessments
shall be payable in adVance of such times as the Board of
Directors shall determine.
5.
Date of Commencement of Annual Assessments.
The
annual assessments provIded for hereIn shail commence on the
first day of suoh month determined by the Board of Directors of
the Association be the date of commencement. The due date of any
special assessment shall be fixed in the resolution authorizinq
such assessment.
6.
Assessment Apportionment.
The Owner (s) of each
Lot shall be responsIble fo~e payment of its prorata share of
the Assoc~ation expenses based on the number of platted lots in
the subdivision. The prorata share shall be levied by the Board
of Directors of the Association for all qeneral assessments. The
Owner (s) of Lake Lots shall in addition bear its proportionate
share of lake maintenance costs with other Lake Lot owners in the
for.m of assessments, whether annual, dpecial or otherwise, which
is levied by the Board of Directors of the Assoc~ation related to
the maintenance of the lakes except that all members of the
-11-
O.B. 1284 PO
3912
ASBocla~ion
ahall be responsible for the maIntenance of the
littora1 aone improvamants and plants and the outfall structure.
7.
Enforcement of ADsessment Lien.
In the event a
Lot CMner fai1s to pay any sums, charges, or assessments ~equired
to be paid to the Assooiation within thirty (30) days from thei~
due date. the Assooiation, acting on ita own behalf or through
ita MAnager, maya
Cal foreolose the lien encumbering eaid Lot in
the same manner provided for the forecloaure of mortgages by the
rlorlda StatuGa, or
(b, bring an action at law or in equity aqainst
the Lot owner personally obligated to pay such a8aesamBnt without
waiving the lien securing the same, or
(c) maintain such other and further action as may
be permissible by the laws of the State of Florida to rocover the
full amount of the unpaid assessment.
s. Costs, Atto~neys' Fees. In any action, either to
foreclose its lIen or to recover from eaid Lot OWner, the
Aseociation shall have the rJ.ght to recover .i.nterest, Court
costs, and a reasonable attorney's fee, includ.i.nq any fees
J.ncurred on appeal, J.t may incur in collect.i.nq the assessment
from the Lot owner, which shall be added to the amount of any
assessment due. Fa.i.lure by the Association to brinq such action
J.n any .i.nstance shall not const.i.tute a waiver of the riqhts
created hereJ.n.
No Lot OWner may wa.i.ve or otherw.i.se escape
liab.i.1lty for assessments by non-use of the Nature Preserve or
abandonment of h.i.s Lot.
9.
Subordination of L.i.en.
Where a mortgaqee of a
first mortqaqe of record or other purchaser obta.i.ns tJ.tle to a
Lot as a resu1t of foreclosure of the first mortgaqe, or where a
f.i.ret mortqaqee accepts a deed to said Lot .i.n l.i.eu of
foreclosure, such acquiror of title and .i.ts successors and
ass.i.qns shall not be l.i.able for assessments pertaininq to such
Lot which became due prior to acqu.i.s.i.t.i.on of t.i.tle as a result of
the
foreolosure,
or acceptan~e of such deed in lieu of
foreclosure, unless such assessment is secured by a cla.i.m of lien
for assessment that is recorded prior to the recordinq of the
foreclosed mortqage.
The holder of a first mortqaqe or other
purchases acquirinq t.i.tle to a Lot as a result of foreclosure or
a deed J.n lieu of foreclosure may not, dur.i.nq the period of its
ownersh.i.p of such Lot, whether or not such Lot is unoccupied, be
excused from the payment of assessments com.i.ng due dur.i.ng the
per.i.od of such ownersh.i.p.
As used here.i.n, the term "f.i.rst
mortqage N sha11 not include a purchase money mortqaqe g.i.ven by a
buyer to a se11er upon acquisit.i.on of title to a Lot.
ARTICLE VI'
._.
General Provisions
Amendment •
(a' Developer reserves
the
right to amend,
modify, or resc.i.nd sucb parts of th.i.s Declaration as it, in its
sole discret.i.on, deems necessary and appropr.i.ate so long as it is
a Class B member of the Association without the jo.i.nder of,
consent of or notice to Lot OWners.
(b) After Developer ceases to be a Class B member
of the Association. the Board of Directors and the membere of the
Assoc.i.at.i.on may mod.i.fy or amend th.i.s Declaration if notice of the
proposed chanqe is given in the notice of the meeting at which
such act.i.on will be cons.i.dered.
An amendment may be proposed
e.i.ther by the Board of Directors or by not less than ten percent
(lOt) of the Nvotinq representatives N as such term is defined .i.n
tbe Bylaws. Unless otherwise prov.i.ded, the resolution adopting a
proposed amendment must bear the approval of (1) not less than
two-thirds (2/3) of the Board of Directors and two-thirds (2/3)
-12-
O.B. 1264 PO
3913
of the voting representatives who case their vote, or (2) not
less than seventy percent (70a, of the voting repreeentatives who
cast. their vote.
Directors and members not present at the
meeting considering the amendment may express their approval, in
writing, given before auch meeting to an officer of the
Allllociation.
(c) Any
amendment of
these
documents which
affects the permitted surface water management system, including
the water management portions of the Association Area must have
the prior approval of the Southweet Florida Water Management
Dietrict.
(d) An amendment, other than amendments made by
the Developer, shal,l, be evidenced by a certificate certifying
that the amendment was duly adopted and including the recording
deta identifying the Declaration, which certi.ficate shall be
executed by the proper o.fficers of the Association in the same
focmality required for the execution of a deed. Amendments b L
Developer must be evidenced in writing, but a certificate of the
Association is not required. Any and all, amendr-~nts shall become
effective only when properly recorded in the Public Recorda of
Manatee County, Florida.
2.
Duration.
The covenants, condi tions , easements
and restriction set forth in this Declaration shall be covenants
running with the land and shall be binding upon all, parties and
all persons having an interest in any portion of the land lying
and being within the Subdivision, for a perioci of twenty-five
(25) years from the date this Declaration is recorded among the
Publ,ic Records of Manatee County, Fl,orida, after which time the
same shall be automatically extended for successive periods of
twenty-five (25) years, unless terminated in accordance with the
terms of this Declaration.
3.
Termination.
This
Declaration may
only
be
terminated upon wrItten consent of ninety percent (90%) of all of
the voting representatives in the Associat.ion, which written
consent must be duly recorded among ths Public Recorcis of Manatee
County, Flor.ida, subject, however to any prior governmental
approval required by the Manatee county Comprehensive Zoning and
Lanci Development Code, Ordinance 81-4, as amencied from time to
time. Notwithstanding anything to the contrary herein contained,
so 1,0n9' as the Developer holde any Lot in the Subdivision for
sale in the ordinary course of bus.iness, this Declaration ahall
not be term.inated without its consent.
4.
Enforcement.
In addition to the enforcement
prov.isions
otherwise
contained
.in
this
Declaration,
the
Association or any Lot Owner shall have the right to proceed at
law or in equity against any person or persons or other legal
entities v.iolating or attempting to violate any of the prOVisions
set forth in this Declaration or to recover ciamages for such
violation, and failure by the Association or any Lot Owner to
enforce any provision set forth therein shall in no way be deemed
a waiver of the riqht to do so thereafter.
5.
Incorporation of Declaration.
Any and all deeds
conveying a Lot or any portIon of the Subdivision shall be
conclus.ively presumed to have incorporated therein all of the
terms, conditions and provisions of this Declarat.ion whether or
not such .incorporation is specif.icall,y set forth by reference in
such deed, and acceptance by the grantee of such deed shall be
conclusively deemed to be an acceptance by such qrantes of all
the terms and conditions of this Declaration.
6.
Construct.ion. Whenever the context so permits or
requ.ires, the use of the singular shall inClude the plural, the
plural shall include the singular, and the use of any gender
shall be deemed to include all genders.
covenants,
7.
Severability.
Invalidation of anyone of these
restrIctIon, cond.itions or easements by jUcigment or
-13-
O.R. 1284 PI
3914
Court" ordell:' ahall in no way effect any other provieion, which
shall zamain in full force and effect.
8.
Binding B£fec~. This Declaration shall be binding
upon and inu~e to the benefit of the Developer, the Association,
and eaoh of ~he Lot OWners, thei&' respcetl",e heire, personal
representatives, successors, assigne and grantees and any and all
persona claiming by, through or under any of said parties. The
Association is a party to this Declaration so as to assume the
obli9a~ions and responsibilities 8st forth herein.
9.
Effective Date.
ThJ.s Declaration shall
effective upon recordation of this Deolaration in the
Records of Manatee County, Flo&'ida.
become
Public
IN W:tTNESS WHEREOF, PURSLEY, INC., a Florida general
partnership,
and MILL CREBK ASSOCIATION,
:tNC.,
a
Florida
corporation not-for-profit, have caused this Declaration of
Covenants, Conditions, Basements and Restrictions of MILL CREEK
SUBDXVISXON, PHASE IIX, to be executed the day and year f.t.rst
above writtsn.
Siqned, Sealed and Delivered
in the presence ofl
~d
PURSLEY, INC.
MILL CREEK ASSOCIA'rXON, INC.
aa'M4{ _
By.
A'r'rSST.
/ i r c r e ary
STATE OF FLORXDA
COUNTY OF MANA'I'EE
../~
~~I
If N~·
I
I
I HEREBY CBRTIFY that on this day, before me, an officer
duly authorized to take acknowl.edqements. personal.l.y appeared
LiUlRY J. D' URSO. JR., and
Q!eryl Duncan
• being th...
President and
tltsis5nt SecretarY
•
respectivel.y,
of
PURSLBY, INC., and aCFno~dged before me that they executed the
foregoing Oeclaration o£ Covenants. Cond1.tione, Easements and
Reetrictions, that as such of£icers they are dul.y authorized by
said Corporat10n to do so, and that the foregoing in
is
the act and deed o£ sa1d corporation and the general.
WITNESS MY hand and o£ficia1 seal 1n the
a£oreeaid, tb18
30th day of
June
~
,"
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-14­
0.R.1264 PI
3915
A·,..s.
STAll'S OF PLORIDA
COWT'lt OF MANA.'l'EE
•
•
an offlcer
take aoknowledgments. peZ'aonally appaaZ'ed
~ .."'~ B Mazp.el
• and
(herxl Duncan
, being the
Pietiident anI
SC'!e~Qrv
• respeo£ive1y • o~ Ml:LL
CURK ASSOCIATiON. XNC~, and acknowledged before me t:.hat:. they
exeouted. i:he foregolng Deolarai:lon of Covenant:.s, Conditions,
Basements and Restrlotions, that as suoh offioers they are duly
authoZ'iae4 by sald Corpo:rat:.lon to 40 ao, and that the £o:rsgolng
In.t:.~nt J.8 the aot and deed of gald co~ratlon.
duly
I
HB8Sn1t CaRTIE''lt thai: on i:hls day. befoZ'e me.
authorized
to
WITNESS MY hand and o£fiaial seal in the
aforeaald. this
30th day o£ _...:£J~un~e=-_ _ _ _ _ _ __
o aa:y P
c
My Commission Expire\~
HotII\' PuYe.. Stat. 01 RoricII
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&pires Ard 30. 19VO
Com.'
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3916
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CRST ANBNDMBNT TO DECUBATION or
COVENANTS. qONDITIONS, EASBHENTS
AND RBSTRICTIONS OR!
lULL eBEEK SUbDIVISION. PHASE IXI
,g.dI.A
THIS FIRST AMENDMENT is made thia
1989,
by
PURSLEY,
INC.,
a
Florida
day of
6tt-OSI::t2
corporation
,
(hereinafter
rcaferred to as "Developer"'.
RECI'1'ALSI
tmEREAS,
Developer
Assooiation,
Ino.,
SUBDIVISION,
PHASE
is
a
clasa
the homeowners'
a
III,
B
member
of
association
subdivision
as
Mill
Creek
for MILL CREEK
per
plat
thereof
recorded in Plat Book 25, Pages 19 through 26, inolusive, of the
Public Records of Manate. County, Florida, and
WHEREAS,
Developer
caused
that
certain
Declaration
of
Covenants, conditions, Easements and Restrictions of MILL CREEK
SUBD:tVl:SION, PHASE III (hereinafter referred to as I'Declaration")
to be recorded in Official Records Book 1264, Pages 3902 through
inclusive,
3916,
of
the
Public
Records
of
Article VI
of
Manatee
County,
Florida, and
WHEREAS,
provides that
Paragraph
the
1
of
Dev.loper reserves
the
said
right
D3claration
to amend the
Declaration so long as it is a class B member cf tho Mill Creek
Aaaociation, Ino.
NOW THEREFORE,
the
Developer hereby
amends
that
certain
Declaration of Covenant, Conditions, Easements and Restriotions
of MILL CREEK SUBDIVISION, PHASE III recorded in Offioial Record
Book 1264,
Pages 3902
through 3916,
inolusive,
of the Public
Records of Manatee County, Florida, in the following manner:
1.
entirety
Paragraph 28 of Artiele III is hereby deleted in it:;;
and
the
following
paragraph
28
of
Article
III
is
substituted in its place:
"28. Lakes, Maintenance Easement.
The right to pump or
otherwise remove any water from the lakes now existing or which
may hereafter be erected either within the Subdivision or
adjaoent or near thereto, for the purpose of irrigation or other
use, and the placement of any matter or object in such lakes
shall require the written consent of the Developer or the
Association.
The Developer and the Associat:lon shall have the
r~qht to control the water level of all lakes and to control the
growth and irrigation of plants, fowl, reptiles, animals, fish
and fungi and in on such lakes.
The Owner of each lake lot
recognizes that the plants and fauna on the lake are necessary to
filter the stormwatar runoff from the subdivision and the owner
shall not distur;..;,b__o..,r
....._a.;:.::l;.,:t....:..¥'=- the plants or fauna without the
RECOItDVERIFlED
'"
R.D.5HOR£~~
&'I:
;:>~
D.
O.R~
1213 P8
2154
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consent of the Developer or Association. The Owners of lote upon
which a lakQ is situated shall be t'Qsponsible for the coat of
maintainin9 the lake as provid.ed for in Article V ~ Section 6,
except that all members of the Association shall be responsible
for the cost of the maintenance of the littoral zone illiprovemente
and plants~ the outfall structure and any other lake maintenance
detorminec1 by the Directors of the Association to be for the
common 9'Ood of the Subdivision as part of the assessments.
No
dooks~
bulkheads, mooringB~ pi1ings~ boat shelters or other
structure shall be oonstruoted. on any embankments adj acent to
such lakes or w1.thin suoh lakes without the written consent of
the Assoo1.ation or architectural control oommittee thereOf.
No
gas or diesel driven boat shall be permitted to be operated on
any lakes.
Lake Lots shall be maintained by the owners of such
lots and any embankments shall be maintained by the Owners so
that qrasa~ planting or other lateral support to prevent eros1.on
of the embankment of the lake and the height, grade and contour
of the embankment shall not be ohanged without the prior written
oonsent of the Association or architectural oontrol committee
thereof.
The area along the water's edge of any lake shall also
be maintained by the owner of said Lake Lot ae if said area were
a portion of the Lot owned and shall be landscaped and/or sodded
by said Owner.
7f the Owner of any Lake Lot or the Associat1.on
fails to maintain suoh embankment or area as part of the
landscape maintenance obligations in accordance with the
foregoing. the Developer or its agent or representat1.ve shall
have the right ~ but no obligation, to enter upon any Such Lake
Lot or area to perform such maintenance work which may be
reasonably reqUired. all at the expense of the Owner of such Lake
Lot or the Aseociation.
'rne Developer shall be responsible for
the maintenance Of any portion of the lake(s) which are located
on Developer's property and have not been subdivided.
Owners
shall have the right to reasonable use and benefit of :h~ lakes
now existing or which may hereafter be erected~ either within
the Subdivision or adjacent thereto, subject to the right of
Developer or Association to adopt reasonable rules and
regulations from time to time in connection with use of the lakes
by Owners and Developer's designeeb and assignees.
The
Assooiation or the Developer shall have tne right to deny sucn
use to any person who in the opinion of the Developer, or in the
opinion of the Assooiation may create or participate in the
disturbance or nuisance on any part of the lakes.
The right to
rlooJ.I.sonable use and benefit of the lakes may be subj eot to such
other persons ~s may be des1gnated by Developer or the
Assooiation from time to time."
2.
entirety
Paragraph
and
6
the
of Article V
following
is hereby deleted
paragraph
6
of
Article
in i.ts
v
is
substituted in its place:
"6. Aasesament Apportionment. The Owners of each Lot shall
be responsible for the payment of ita prorata share of the
Assooiation expenses based on the number of platted lots in the
subdivision ino1uding lake maintanance for the common good as set
forth in Article I7I: Paragraph 28.
The prorata share sha1l J)e
levied by the Board of Directors of the Association for a1l
general assessments.
The Owner(s) of Lake Lots shall bear its
proportionate share of general Lake Maintenance as set forth in
Article XIX paragraph 28, oosts as set forth in Article IX!
paragraph 28 with other Lake Lot Owners in the form of
assessments, whether annual, special or otherwise, which may be
levied by the Board of Direotors of the Association related to
the maintenance of the lakes."
7N WITNESS WHEREOF,
PURSLEY,
XNC.,
a
Florida corporation,
and MILL CREEK ASSOCXATXON, XNC., a F10rida corporation not-for­
profit,
have
caused
this
First
Amendment
to
Declaration
O.B. 1273 PI
of
2155
:'1:"
•
covenants,
Conditions,
BUBDIVl:SION,
Easaments and Restrictiona of MZLL CREEK
PHASE XXl: to be executed the day and year first
above written.
Signed, Sealed and Delivered
in t:ha presence of.
A~Srt
PURSLEY, :INC.
__-=~~~_____________
BY'~
YJ:DIu:RSOIJR;,
president
ATTEsr: __
~~~~
______________
BY~:~~~~~~~~~~~~~~
seven R. Mazze
president
~ ;;!l
:;z rv,...
~QJ""
-c..,C:II
r'1:r:to>
!i
«.t..1l
W
""0:;'­
(,)::u Q
0"'::0
c::.
t"h
;rno
S'I'ATE OF FLOR:IDA
COUN'l'Y OF./Yl4A1Arel! :
-<r-(')
:<,..,~
;!!~:;:
,
c
X HEREBY CER'l'XFY that on this day, before me, an· officer
duly authorized to take acknowledgements, personall.y appeared
LARRY J. D'URSO, JR., and
, being' the
Seftio~
V~ee
President
and
,
respeotively, of PURSLEY, :INC., one of the general partners of
PURSLEY, INC., and acknowledged before me that they executed the
foregoing
First Amendment to Declaration of Covenants,
conditions, Easements and Restrictions, that as such officers
they are duly authorized by said corporation to do so; and that
the foregOing instrument is the act and deed of said cO~9~etion
and the general partnership.
;~j ....,."
..,,,,,,,:~ ~ :.I!]
.:1
WI'I'NBSS MY hand and
c.C?~~~~"nd-'.: s:t:at:.e
aforesaid, this 9
. . 4 l . f ) . . J ' ! .,' J §:. 1 9~~' _ .
, \\~. ,.1", "
f
,
:;-"
:j -:'
;1
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.. :
.
,! ' ='''t.'
<'.
I
No
' " "! " ', •• i.~ . .'! 9 ,: :.: ,
My Commission Expir;fsiVriri.43·' ..;:;":.:, " ......
-'..;/''''Ii:}:~:.:'::-;:I~Y~E"~~,~:..···-'
STATE OF FLORZDA
COUNTY OF
..t .
It""111~'"·\
...... ':; ...., ~{-:"
me,"'~ Ian officer
Z HEREBY CBR'I'IFY that on this day, before
dtAlY authArized to take acknowledgements, personal.iY~1'appeared
~~!l8tJ ~ itMzz e I
and
, being
the president and
, respectivel.y, of MZLL CREEK
ASSOCZA'I'ION, INC. and acknow1edged before me that they executed
tbe eoregoing First Amendment to Declaration of Covenants,
Conditions, Easements and Restrictions: that as such officers
they are dul.y authorized by said corporation to do so; and that
tbe foregoing instrument is the act and dead of said corporation
and the general. partnership.
..f:;'
WI'I'NESS MY
aforesaid, this
~_ '~/'
count~,~JO~~~
ha:~,rnd
-=-Ua.zJ=WI'.G.J~___-:-:~·~·'~;:":19 ~ ~:' .,
~
.' f·
.~::\·\""'IC'I ':
,_
N
My
....
I
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS
AND RESTRICTIONS OF MILL CREEK SUBDIVISION, PHASE m THIS AMENDMENT TO DECLARATION is made this ,n#day OfktJ:,u..,o± ,2001, by
MANATEE JOINT VENTURE, a Florida general partnership (the "Developer"), e DEVELOPER of all
real property in MILL CREEK SUBDIVISION, PHASE II, a residential subdivision as per plat thereof.
recorded in Official Records Book 1264, Pages 3902 through 3916, inclusive, of the Public Records of
Manatee County, Florida (the "Plat").
RECITALS:
WHEREAS, Developer caused that certain Declaration ofCovenants, Conditions, Easements and
Restrictions of Mill Creek Subdivision, Phase II (hereinafter referred to as the "Declaration") to be
recorded in Official Records Book 1264, Page 3902 ofthe Public Records of Manatee County, Florida; and
WHEREAS, in accordance with Article VI, Paragraph I of said Declaration, Developer reserved
the right, without the joinder or consent of or notice to the lot owners to amend the Declaration so long as
the Developer shall retain Class B membership of Mill Creek Association. Inc. (the "Association"); and
WHEREAS, Developer is the sole Class B member ofthe Association and desires to amend the
Declaration.
NOW, THEREFORE, the Developer hereby amends the Declaration as hereafter set forth.
l.
ModifY and restate Article III, Paragraph 4 as follows:
"Paragraph 4, Outbuildings. No detached outbuildings, including aluminum sheds or
portable structures shall be placed or constructed on any lot at any time except one
detached garage with a maximum of 1,000 square feet and/or one detached outbuilding
up to 500 square feet (20 x 25) will be allowed on each lot provided construction
materials and colors for each match those of the main house and further provided each
building has Architectural Committee approval prior to commencement of construction
or installation of said structure."
2.
Modity and restate Article III, Paragraph 5, as follows:
Paragraph 5, Recreational Vehicles. No boat, travel trailer, camper, recreational vehicle,
motor home, or similar vehicle shall be allowed or stored on any Lot unless it is
appropriately garaged, hidden or screened from the street and neighboring Lots
3.
Modity and restate Article Ill, Paragraph 8, as follows:
Paragraph 8, Sj~. No sign of any kind shall be displayed to the public view on any Lot
in the Subdivision, unless said sign has prior written Architectural Committee approval.
or complies with the provisions contained within:
( a) One ( I ) temporary sign not to exceed six ( 6 ) square feet or 2'-0" x 3'­
0" in size, utilized in connection with the sale of a Lot or improved Lot, may be displayed
on such Lot.
( b) During the course ofconstruction on a lot, a general contractor licensed in
the State of Florida and a financial or mortgage institution funding the construction may
display to the public view, his professional company sign, but only on a Lot upon which
he is currently constructing or financing a building, provided the one sign not exceed six (
6 ) square feet or 2'-0" x 3' -0" in size. Such sign shall be promptly removed upon the
issuance of a Certificate of Occupancy. No other contractor or subcontractor signage
shall be permitted to be displayed in the Subdivision.
( c) Two ( 2 ) pole flags advertising an open house may be erected at the
driveway entry during the period oftime that the residence is open to the public. No
other types of flags, banners or streamers shall be placed around the Lot, house or any
other location within the Subdivision. Arrow signs, directing traffic to an open house Q!
house for sale are specifically prohibited.
( d) All signs must be professionally lettered. Signs not in conformance with
this covenant may be removed by the Developer or Association.
The Developer, and any builder with written approval by Developer, are
excluded from complying with the provisions of this Paragraph 8 and may place signs
throughout the Subdivision in the manner either deems proper.
Executed this27J.Lday of ~ 2001.
WITNESS:
MANATEE JOINT VENTURE,
a Florida general partnership
BY:
By:.~~~~~__~____~_
Name:
Title:
STATE OF FLORIDA
COUNlY OF MANATEE
Notary Public
I
Printed Name:
My Commission Expires:
Diann Woodfield
MY COMMISSION # CC830831 EXPIRES June 17, 2003 BONDED THRU 11<OY FAIN INSURANCE, i.\C