CHEMONIE CROSSING ~ PHASE III

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

	THIS DECLARATION is made and executed this 14th day of December, 1999, by B.S.N. PARTNERSHIP, a Florida general partnership, hereinafter referred to as “Declarant.”

WITNESSETH:

	WHEREAS, Declarant is the owner of certain property located in Leon County, Florida, and more particularly described in Exhibit “A” attached hereto and be reference made a part hereof;
	
	NOW, THEREFORE, Declarant hereby declares that all of the properties described in Exhibit “A” attached hereto 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 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 properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I ~ DEFINITIONS

	Section 1.  “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, but excluding those having such interest merely as security for the performance of an obligation.

	Section 2.  “Properties” shall mean and refer to that certain real property described in Exhibit “A” attached hereto.

	Section 3.  “Lot” shall mean and refer to each of the numbered lots depicted on the plat of Chemonie Crossing.

	Section 4.  “Declarant” shall mean and refer to B.S.N. Partnership, and its successor and assigns.

	Section 5.  “Plat of Chemonie Crossing” shall mean and refer to the plat of Chemonie Crossing to be recorded in the public records of Leon County, Florida.

ARTICLE II ~ ARCHITECTURAL CONTROL

	No dwelling, building, outbuilding, garage, storage building, barn, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by Declarant or by an architectural committee composed of three (3) or more representatives appointed by Declarant.  In the event said Declarant, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this article will be deemed to have been fully complied with.

ARTICLE III ~ LAND USE AND BUILDING TYPE

	No lot shall be used except for single-family residential purposes.  No building or structure of any type shall be erected, altered, placed or permitted to remain on any lot other than a single-family residence and such other approved structures associated and used in conjunction therewith.

ARTICLE IV ~ SUBDIVISION OF LOT

	No lot shall be further subdivided or re-subdivided.

ARTICLE V ~ DWELLING SIZE

	No dwelling shall be permitted on any lot unless the heated, air-conditioned, furnished living area of the main structure, exclusive of open porches, carports and garages, contains at least 2,000 square feet.  If a dwelling is two-story, at least 1,400 square feet of the heated, air-conditioned furnished living area, exclusive of open porches, carports and garages, must be on the ground floor.  No dwelling shall exceed two (2) stories in height.  Minimum roof pitch on each dwelling shall be at least 6/12.

ARTICLE VI ~ BUILDING, DRIVEWAY AND FENCE LOCATION AND SETBACKS

	No building shall be located on any lot nearer than seventy-five (75) feet to the front lot line; seventy-five (75) feet to the rear lot line; thirty (30) feet to a side lot line; or, nearer than thirty-five feet (35) to any side corner line.  For the purposes of Article VI, eaves and steps shall not be considered as a part of a building; provided, however, that this shall not be construed to permit any portion of a building to encroach upon another site.  No driveway shall be located nearer than twenty-five (25) feet to an interior lot line, except a back-up turnaround pad may be located as near as fifteen (15) feet to a lot line.  No fence shall be located nearer to the front lot line than the rear of the primary building.  A fifty (50) foot natural buffer shall be maintained at the rear of the lots adjacent to the lack (Block I, Lots 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, 21, and 22) and no clearing, grading, improvement or removal of vegetation shall be allowed or permitted within the buffer area.  The Declarant, or its designated committee, may, in its sole discretion, grant variances to the restrictions provided for in this article.

ARTICLE VII ~ GARAGES AND CARPORTS

	Each dwelling shall have a functional carport or garage attached thereto; however, no functional carport or garage shall have its entrance or any opening facing a street.

ARTICLE VIII ~ NUISANCES

	No noxious, unlawful or offensive activity shall be permitted or carried on upon any lot.

ARTICLE IX ~ TEMPORARY STRUCTURES

	No structure of a temporary character, trailer, basement, tent, shack, garage, barn, storage building, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.

ARTICLE X ~ SIGNS

	No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet to advertise the property for sale or lease.

ARTICLE XI ~ LIVESTOCK AND POULTRY

	No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot; provided, however, dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose and, provided further, they are kept under the owner’s control and do not become a nuisance.  Owners of at least four (4) contiguous acres are permitted to have horses, subject to the same restrictions.

ARTICLE XII ~ RADIO AND TELEVISION ANTENNA

	No exterior radio, television or satellite-dish antenna shall be installed on the street side of the residence.  Such installation shall be within the setbacks of Article VII and will be screened, with approval of the location of antenna and screen by Declarant, or its designated committee, being required.  Satellite dishes are not to exceed thirty-six (36) inches in diameter.

ARTICLE XIII ~ MAILBOXES

	No mail box or paper box or other receptacle of any kind for use in the delivery of mail, newspapers, magazines or similar materials shall be erected or located on the properties unless and until the size, location and type of material for said boxes or receptacles shall have been approved by Declarant.

ARTICLE XIV ~ GARBAGE AND REFUSE DISPOSAL

	No lot shall be used, maintained or allowed to become a dumping ground for trash, garbage, scraps, litter, leaves, limbs or rubbish.  Trash, garbage or other waste shall not be allowed to accumulate on any lot and shall only be stored in sanitary containers.  All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be visible from any street.

ARTICLE XV~ TREE REMOVAL

	No tree larger than twelve (12) inches in diameter, at a height of forty-eight (48) inches, shall be removed from the property without Declarant’s prior written approval.

ARTICLE XVI ~ PRIVATE WELLS, UTILITIES AND SECURITY LIGHTS

	No private well of any type shall be permitted.  All electrical and telephone lines must be underground.  Any security light must be placed in such a position that it will not shine directly upon, and any glare must be shielded from, adjoining properties.

ARTICLE XVII ~ 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.

ARTICLE XVIII ~ DURATION

	The covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of twenty (20) years unless, after the initial term, two-thirds of the property owners shall otherwise indicate in writing, in which case they shall then be terminated.

ARTICLE XIX 

	The requirements of Declarant to approve architectural plans and otherwise grant permission or approval herein shall cease upon the sale, development and improvement, by the construction of a dwelling, of each lot.  Notwithstanding, the remaining terms, conditions, purposes and requirements of these covenants shall remain in effect as set forth in Article XVIII above.

ARTICLE XXI ~ ENFORCEMENT

	It is specifically understood and agreed that these restrictions and covenants are for the benefit and protection of Declarant and each lot owner, and the Declarant and each lot owner shall have the right to institute and maintain an action to enforce these restrictions and covenants.  The failure by the Declarant, or any owner of a lot, to enforce any restriction or covenant contained herein shall in no event be deemed a waiver of the right to do so thereafter.  Enforcement of any restriction or covenant contained herein shall be by action against any person or persons violating or attempting to violate any covenant either by injunction, restraining order, recovery of damage, or any remedy authorized under Florida law now existing or which may exist in the future.  The prevailing party in any such action shall be entitled to all of its costs and attorney’s fees, including those associated with any appeal resulting there from.

ARTICLE XXII ~ ANNEXATION
	
	Additional property within the property described in Exhibit “B” attached hereto may be annexed by the Declarant without the consent of any owner of a lot within seven (7) years from the date this instrument is recorded in the public records of Leon County, Florida.

	IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this Declaration of Covenants, Conditions and Restrictions of Chemonie Crossing to be executed the day and year first above written.