The following text typed by:
Michael Ross otf SoudersARR (MRossARR)
ref: AH2C21 & AH2C24 lots of the AAPOA
from a copy of original issued filing for the purpose of distribution in
a simple form via computer media. Just text to read & understand, not
for legal purposes. The original is on legal size paper, so these pages
will need same due to filing page numbers.
All attempts to be technically accurate in recreation of text &
punctuation made without formatting. No document stamps, signatures, nor
most pen entries, will be found (some numerical or nomenclature entries
may be found without underline). Any errors found in text or
punctuation were make by mistake in typing & presumed correctable.
This document was originally issued to MRossARR upon purchase of said
parcels of land referenced above, airstrip 74FL taxiway lots.
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 504
AUCILLA SHORES SUBDIVISION
DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS: That this Declaration of Restrictions
and Protective Covenants is made and entered into by Aucilla Shores, a
partnership existing under the laws of the State of Florida, hereinafter
referred to as the "Developer".
W I T N E S S E T H
WHEREAS, the Developer is the owner of certain real property in
Jefferson County, Florida, which is more particularly described as:
The AUCILLA SHORES SUBDIVISION, a subdivision as per the plat thereof
filed at Plat Book "B", Page 38 of the Public Records of Jefferson
County, Florida.
NOW, THEREFORE, the Developer hereby declares that all of the properties
described above shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are
for the purpose of protecting the value and the desirability of, and
which shall run with, the real property and be binding on all parties
having any right, title or interest in the described property or any
part thereof, and their heirs, successors and assigns, and shall inure
to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to the Ashville Area
Property Owners's Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of fee simple title to any lot which is
a part of the properties, including contract buyers, but excluding those
who have such interest merely as security for the performance of an
obligation.
Section 3. "Properties" shall mean and refer to that certain real
property hereinbefore described, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association as
provided in Article VI.
Section 4. "Common Areas" shall mean all real properties owned by the
Association for the common use and enjoyment of the owners.
Section 5. "Lot" shall mean and refer to any plot of land shown upon
any recorded subdivision map or plat of the properties.
Section 6. "Member" shall mean and refer to all those owners who are
members of the Association as provided in Article III.
Section 7. "Developer" shall mean and refer to Aucilla Shores, a
partnership existing under the laws of the State of Florida, and its
heirs, successors and assigns.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every owner shall have a
right and easement of enjoyment in and to the Common Areas and the right
to ingress and egress over all private roads within
-Page 1 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 505
the properties, which rights shall be appurtenant to and shall pass with
the title to every lot subject to the following provisions:
(a) The right of the Association to adopt and publish rules and
regulations governing the use of the Common Areas or properties owned or
maintained by the Association and the personal conduct of the members
and their guests thereon, and to establish penalties for the infraction
thereof.
Section 2. Delegation of use. Any owner may delegate, in accordance
with the Bylaws, his right of enjoyment to the Common Areas or private
roads to the members of his family, his tenants, his guests or contract
purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Each owner of a lot which is subject to assessment shall be
a member of the Association. Membership shall be appurtenant to and may
not be separate from ownership of any lot which is subject to
assessment.
Section 2. The owners of each lot shall automatically be a member of
the Association, provided, however, that where any lot is owned by more
than one person, one of the lot owners shall be designated to exercise
all of the rights of membership on behalf of the owners of said lot.
Section 3. In the event the record owner of any lot is a corporation or
other entity, such entity shall designate one of its officers or
representatives as agent to exercise all of the rights of membership on
behalf of the owner of said lot.
Section 4. Each lot shall be entitled to one vote at every duly called
meeting of the members of the Association, including one vote in
electing directors to serve on the Board of Directors of the
Association.
Section 5. Notwithstanding any of the provisions hereinabove, or
provisions of the charter, bylaws or other rules or regulations of the
Association, the Developer shall be entitled to have absolute and
complete voting control with respect to the Association until one (1)
year from the date of the sale of the first lot, the Developer shall be
entitled to elect all directors and officers of the Association.
Section 6. One (1) year after the date of the sale of the first lot,
the owners of all lots shall be entitled to elect a new Board of
Directors, and all then serving directors shall resign their positions
at that time unless re-elected in accordance with the terms hereof, and
control of the Board of Directors and the Association shall vest in the
majority duly elected in accordance with the terms hereof.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments.
The Developer, for each lot owned within the properties, hereby
covenants, and each owner of any lot by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association: (1) annual assessments or
charges, and (2) special assessments for capital improvements, such
assessments to be established and
-Page 2 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 506
collected as hereinafter provided. The annual and special assessments,
together with interest, costs and reasonable attorney's fees, shall be
charges on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment,
together with interest, costs and reasonable attorney fees, shall also
be the personal obligation of the person who was the owner of such
property at the time of the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health,
safety and welfare of the owners of the properties and for the
improvements and maintenance of the private roads and common areas
situated on the properties, including but not limited to:
(a) Payment of operating expenses of said Association, which shall
include payment of insurance premiums on all insurance hereinafter
acquired by the Association.
(b) Lighting, improvement and beautification of access ways and
easement areas, and the acquisition, maintenance, repair and replacement
of directional markers, signs and traffic control devices.
(c) Management, maintenance, improvement and beautification of all
parks, lakes, ponds, buffer strips, recreation areas and facilities.
(d) Doing any other thing necessary or desirable, in the judgement of
the said Association, to keep the properties neat and attractive or to
preserve or enhance the value of the properties herein, or to eliminate
fire, health or safety hazards, which in the judgement of the
Association may be of general benefit to the owners or occupants of
lands included in the development.
(e) Repayment of funds, and interest thereon, borrowed by the
Association.
Section 3. Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first lot to an owner, the
maximum annual assessment shall be twenty-five dollars ($25.00) per lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment
may be increased each year not more than ten percent (10%) above the
maximum assessment for the previous year without a vote of the
membership.
(b) From and after January 1 of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment
may be increased above ten percent (10%) by a vote of two-thirds (2/3)
of each class of members who are voting in person or by proxy, at a
meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum set forth above.
Section 4. Special Assessment for Capital Improvements. Each lot owner
shall pay a special assessment for capital improvements in the amount of
$25.00 per lot per year, which assessment shall terminate ten (10) years
from the date of the recording of the plat for the Aucilla Shores
Subdivision. said funds shall be maintained in a separate capital
improvement fund, and shall be
-Page 3 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 507
utilized for capital improvements to the approximately 2.1 mile log main
access road to the Aucilla Shores Subdivision, and other roads which are
maintained be the Association, in order of their greatest use by members
of the Association.
Section 5. Notice and Quorum for any Action authorized under Sections 3
and 4. Written notice of any meeting called for the purpose of taking
any action authorized under Sections 3 and 4 of this Article IV shall
be sent to all members not less than 30 days in advance of the meeting.
At the first such meeting called, the presence of members or of proxies
entitled to cast sixty percent (60%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held more than 30 days following the
preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all lots and may be
collected on an annual or more frequent basis.
Section 7. Date of Commencement of Annual Assessments; Due Dates. The
annual assessments provided for herein shall commence as to all lots on
the first day of the sixth month following the conveyance of the first
lot. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors
shall fix the amount of the annual assessment against each lot at least
thirty (30) days in advance of each annual assessment period. Written
notice of the annual assessment shall be sent to every owner subject
thereto. The due dates shall be established by the Board of Directors.
The Association shall upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth
whether the assessments on a specified lot have been paid.
Section 8. Effect of Non-Payment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days after the
due date shall bear interest from the due date at the maximum rate then
permitted under Florida Law. The Association may bring an action at law
against the property. No owner may waive or otherwise escape liability
for the assessments provided for herein by nonuse of the Common Areas or
roads or abandonment of his lot.
Section 9. Subordination of the Lien to Mortgage. The Lien of the
assessments provided for herein shall be subordinated to the lien of any
first mortgage. Sale or transfer of any lot shall not affect the
assessment lien. However, the sale or transfer of any lot pursuant to a
mortgage foreclosure, or any proceeding in lieu thereof, shall
extinguish the lien of such assessment as to payments which became due
prior to such sale or transfer. No sale or transfer shall relieve such
lot from liability for any assessment thereafter becoming due or from
the lien thereof.
ARTICLE V
RESTRICTIVE COVENANTS
1. No permanent dwelling shall be permitted which has a ground floor
area, exclusive of open porches or garages, or less than 720 square
feet. Mobile homes shall be allowed providing they are new (first time
set-up) when placed on the lot and meet size requirements of 720 square
feet. All mobile homes must be
-Page 4 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 508
underskirted and setup and maintained in a neat and orderly fashion.
Prior to construction or setup of any dwelling or mobile home, the owner
must receive written authorization of compliance from the Board of
Directors of the Association. Failure of the Board of Directors to
respond within 30 days of a written request for approval shall be deemed
to be an approval.
2. Trash, junk, garbage and abandoned automobiles shall be removed by
the Association from any lot at the expense of the owner, if such is not
removed by the owner within thirty (30) days of written notice from the
Association, mailed to the owner by certified or registered mail.
3. Travel trailers, campers, motor homes and tents shall not be
permitted to remain on any lot longer than 90 days per year; however an
owner with a permanent dwelling on his lot will be allowed to maintain
or park a travel trailer or motor home on his lot.
4. No trade or business, nor any noxious or offensive activity, shall
be carried on upon the herein described lots which may be or may become
an annoyance or nuisance to the owners of said property.
5. The lot owner may fence his lot along his boundary lines and graze
cows, horses, goats, etc., provided they do not create a nuisance to the
neighboring property owners. Pigs, chicken barns or animal pens shall
not be allowed within 200 feet of any existing roads or if they would
disturb the peaceful enjoyment of nearby landowners. Animals, whether by
actions or number, shall not created a nuisance to the neighbors in the
development.
6. No hunting or discharge of firearms shall be permitted upon any lot
within the subdivision, nor any roads or common areas therein.
7. No more than one residential dwelling shall be permitted for each
five (5) acres. Lots larger than ten (10) acres may be divided, provided
all portions equal or exceed five (5) acres in area.
8. Finished floor elevations of all habitable structures, including
mobile homes, must be a minimum of 1 foot above the 100 year storm. This
elevation may be obtained from the Jefferson County Building Department.
9. The Association reserves the right at its sole option and expense to
maintain fire lanes around the perimeter of lots. Said reservation will
be without liability to the surface owner or may be discontinued by said
owner notifying the Association of the owner's desire to discontinue
said right.
10. In the event of a violation or breach of any of these restrictions
by any person, the Developer, the Association or any owner of a lot
covered by these Restrictions, jointly or severally, shall have the
right to proceed at law or in equity to compel a compliance with the
terms hereof or prevent the violation or breach of any of them. In
addition to the foregoing right, the Association shall have the right,
whenever there shall have been built on any lot in the subdivision any
structure which is in violation of these restrictions, to enter upon the
property where such violation exists and summarily abate or remove the
same at the expense of the owner, and such entry or abatement or removal
shall not be deemed a trespass. The failure to enforce any right,
-Page 5 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 509
reservation, restriction or condition contained herein, however long
continued, shall not be deemed a waiver of the right to do so thereafter
as to the same breach, or as to any breach occuring prior to or
subsequent thereto, and shall not bar or affect its enforcement.
11. The Developer reserves the right without notice to grant to any
public utility, public body or the Association a 10 foot wide easement
for utilities and drainage across each lot along and adjacent to every
lot line.
ARTICLE VI
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Existing Property. The real property which is, and shall be
held, transferred, sold conveyed and occupied subject to this
declaration is located in Jefferson County, Florida and has been
hereinbefore described in the "WHEREAS" provision on the first page
hereof, and is by this reference incorporated herein.
Section 2. Additions to Existing Property. Additional land may become
subject to this Declaration by recordation of additional or supplemental
declarations containing essentially the same substance as the instant
Declaration, in the sole discretion of the Developer. Any subsequent or
supplemental declaration of Restrictions and Protective Covenants shall
interlock all rights of members to the Association to the end that all
rights resulting to members of the Association shall be uniform as
between all lands or properties covered hereby.
Section 3. General Provisions Regarding Additional Property. In the
event additional property is added to the terms and provisions of this
Declaration of Restrictions and Protective Covenants, no addition shall
revoke or diminish the rights of the owners of the properties to the
utilization of the common areas and private roads as established
hereunder, except to grant to the owners of the properties being added
the right to use the common areas and private roads as established
hereunder.
ARTICLE VII
AMENDMENT BY DEVELOPER
The Developer reserves and shall have the sole and exclusive right
without notice to amend these Covenants and Restrictions for the limited
purpose of curing any scrivener's error, ambiguity in or inconsistencies
between the provisions contained herein.
ARTICLE VIII
ADDITIONAL COVENANTS AND RESTRICTIONS
No property owner, without the prior written approval of the Developer
and the Association, may impose any additional covenants or restrictions
on the properties or any additions thereto as may hereinafter be made to
Article VI hereof.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any owner shall have the
right to enforce by any proceedings at law, or in equity, all
restrictions, conditions, covenants, reservations, liens and charges now
or hereafter imposed by the provisions of this Declaration. Failure by
the Association or by any owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right to do
so thereafter.
-Page 6 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 510
Section 2. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other
provisions, which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this
declaration shall run with and bind the land for a term of twenty (20)
years from the date this Declaration recorded in the public records,
after which time they shall be automatically extended for successive
periods of ten (10) years. This Declaration may be amended during the
first twenty (20) year period by an instrument signed by not less than
ninety percent (90%) of the owners, and thereafter, by an instrument
signed by not less than seventy-five percent (75%) of the owners. Any
amendment must be recorded.
Section 4. Acceptance of Roads by County. In the event the Board of
County Commissioners is requested to accept any roadway for maintenance,
such roadway shall, at the expense of the Association, comply with the
then current road and maintenance standards of the County before being
accepted by the County. The Developer warrants that when twenty-five
(25) permanent residents live in the Aucilla Shores Subdivision or along
the 2.1 mile access road to the Aucilla Shores Subdivision, whichever
occurs first, the Developer will at its expense bring said 2.1 mile
access road to an LBR (load bearing ration) of 65 within the driving
surface, and to an LBR of 40 along the shoulders of said road, with the
use of limerock or other suitable materials, if required.
At such time as fifty (50) permanent residents live along the 2.1 mile
access road, or within the Aucilla Shores Subdivision, or within ten
(10) years from the date of the recording of the plat for the Aucilla
Shores Subdivision, whichever of the foregoing should occur first, the
Association shall, at their next regularly scheduled meeting, vote upon
the issue of whether or not the members of the Association desire to
pave or further improve said access road at the expense of the
Association; and in the event the Association should determine that
paving or improvement is so desired, they shall modify, extend or
terminate the capital improvement assessment, as may be required and
appropriate. Any paving or improvements shall be done first to roads
having the greatest traffic, with work done to acceptable engineering
standards.
IN WITNESS WHEREOF, the undersigned, being the Developer herein,
executed this Declaration this 18 day of April 1983.
WITNESSES, AUCILLA SHORES, a partnership existing
under the laws of the State of Florida
________________________
By:_____________________________________
________________________ Dennis G. Lee, as partner
STATE OF FLORIDA
COUNTY OF ALACHUA
BEFORE ME, the undersigned authority, an officer duly authorized to take
acknowledgments in the State and County last afore-
-Page 7 of 8 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 119 PAGE 511
said, personally appeared DENNIS G. LEE, well known to me to be a
partner of AUCILLA SHORES, a Florida partnership, who executed the
foregoing instrument and acknowledged executing the same in the presence
of two subscribing witnesses freely and voluntarily under authority duly
vested in him by said partnership.
Witness my hand and seal this 18 day of April, 1983.
______________________________________
Notary Public
State of Florida at Large
My Commission Expires: ________________
Prepared by:
STEPHEN A. SCOTT, ESQUIRE
Post Office Box 2218
Gainesville, FL 32602
-Page 8 of 8 Pages-
The following text typed by:
Michael Ross otf SoudersARR (MRossARR)
ref: AH2C21 & AH2C24 lots of the AAPOA
from a copy of original issued filing for the purpose of distribution in
a simple form via computer media. Just text to read & understand, not
for legal purposes. The original is on legal size paper, so these pages
will need same due to filling page numbers.
All attempts to be technically accurate in recreation of text &
punctuation made without formatting. No document stamps, signatures, nor
most pen entries, will be found (some numerical or nomenclature entries
may be found without underline). Any errors found in text or
punctuation were make by mistake in typing & presumed correctable.
This document was originally issued to MRossARR upon purchase of said
parcels of land referenced above, airstrip 74FL taxiway lots.
JEFFERSON COUNTY, FLA.
O.R. BOOK 122 PAGE 497
FIRST SUPPLEMENTAL DECLARATION OF AND AMENDMENT TO RESTRICTIONS AND
PROTECTIVE COVENANTS
WHEREAS, AUCILLA SHORES, a partnership existing under the laws of the
State of Florida, with offices at 620 S. Ohio Avenue, Live Oak, Florida
32060, hereinafter referred to as the "Developer", did file an
instrument titled "Declaration of Restrictions and Protective Covenants"
dated April 18, 1983 at Official Records Book 119, Pages 504-511 of the
public records of Jefferson County, Florida, hereinafter referred to as
the "Declaration", to make, declare and impose upon the lands described
therein certain conditions, restrictions, limitations and easements, and
WHEREAS, pursuant to Article VI(b) of said Declaration the Developer
reserved the right to make additional land subject to said Declaration,
and
WHEREAS, the Developer desires to make additional lands subject to said
Declaration in accordance therewith,
NOW, THEREFORE, KNOW ALL MEN BE THESE PRESENTS that that certain
Declaration of Restrictions and Protective Covenants dated April 18,
1983 and recorded at Official Records Book 119, Pages 504-511 of the
Public records of Jefferson County, Florida is hereby amended as
follows:
1. In addition to the property already subject to said Declaration, as
is described in the Declaration, the Developer does by this instrument
hereby make, declare and impose upon the following lands, for the
benefit and protection thereof, the conditions, restrictions,
limitation sand easements set forth in the Declaration, which shall be
and constitute the covenants running with the land, binding upon said
owner, its successors and assigns, all persons deraigning title through
said owner or claiming any right, title or interest in said land, all
subsequent purchasers thereof, their heirs, personal representatives,
successors and assigns:
ALL OF SMOKEHOUSE FARMS, PHASES 1 and 2; ASHVILLE HIGHLANDS, PHASES 1
and 2; SNEAD'S HIDEAWAY; and JEFFERSON LANDING, all subdivisions as per
the plats thereof filed at Plat Book B, Pages 40, 41, 42, 43, 44 and 39,
respectively, of the public records of Jefferson County, Florida,
LESS AND EXCEPT: Lots 1 and 2, Block "A", Jefferson Landing Subdivision,
a subdivision as per the plat thereof filed at Plat Book B, Page 39 of
the public records of Jefferson County Florida.
2. Article IV (Covenant for Maintenance Assessments), Section 3
(Maximum Annual Assessment) of the Declaration shall be, and is here by,
amended by adding thereto the following:
"Until January 1 of the year immediately following the conveyance of the
first lot to an owner, the maximum annual assessment shall be fifty
dollars ($50.00) per lot for Lots 6-32, inclusive, Block "C", ASHVILLE
HIGHLANDS, PHASE 2, and for all lots in Block "A", Jefferson Landing."
-Page 1 of 2 Pages-
JEFFERSON COUNTY, FLA.
O.R. BOOK 122 PAGE 498
3. All other terms, provisions and conditions contained in the
Declaration, except as may be expressly amended herein, are hereby
ratified and confirmed, and are incorporated herein by this reference,
to the same extent and effect as if those said provisions, terms and
conditions were set forth herein in their entirety. This incorporation
by reference shall be for the purpose of, inter alia, complying with the
requirements of Article VI(b) of the Declaration that any additional or
supplemental declarations which add land or property for the purpose of
making said additional land or property subject to this Declaration
shall contain essentially the same substance as in the original
Declaration.
IN WITNESS WHEREOF, the undersigned, being the Developer herein, has
executed this instrument in this 25 day of August, 1983 at Gainesville,
Alachua County, Florida.
WITNESSES: AUCILLA SHORES, a partnership existing
under the laws of the State of Florida
________________________
By:_____________________________________
________________________ Dennis G. Lee, as partner
By:_____________________________________
Jim Jean, as Partner
STATE OF FLORIDA
COUNTY OF ALACHUA
BEFORE ME, the undersigned authority, personally appeared DENNIS G. LEE
and JIM JEAN, as Partners in AUCILLA SHORES, a partnership existing
under the laws of the State of Florida, well known to me to be the
persons described in the foregoing instrument, and they acknowledged
that they freely and voluntarily executed the foregoing First
supplemental Declaration of and Amendment to Restrictions and Protective
Covenants on the 25 day of August, 1983 at Gainesville, Alachua County,
Florida.
______________________________________
Notary Public
State of Florida at Large
My Commission Expires: ________________
This Instrument Prepared by:
STEPHEN A. SCOTT, ESQUIRE
Post Office Box 2218
Gainesville, FL 32602
-Page 2 of 2 Pages-
---end---