KNOW ALL MEN BY THESE PRESENTS: That the undersigned owners, being the owners in Fee Simple of the following described lots, of DEL ORO GROVES, according to map or plat thereof as recorded in Plat Book 12, Page 2 of the public records of Pinellas County, Florida being Lots 1 through 19; 95 through 151; 179 through 224; 272 through 364; 371 through 434; 441 through 502; 512 through 571 and 585 through 641 hereby submit our Lots to the following Restrictions and Covenants to run with the land and do hereby adopt same, limiting and restricting the use of said land as follows:
NOW THEREFORE, it is agreed that these restrictions and covenants are to be regarded as covenants running with the land, regardless of whether or not they are specifically mentioned in any deeds of conveyance subsequently executed:
All lots in the above described subdivision shall be used for residential purposes only, and no structure shall be erected, altered or permitted to remain on any residential lot other than one single family dwelling.
All dwellings must have an enclosed two-car attached garage. No carports are to be erected in this subdivision.
Each dwelling house from Alameda Avenue west to Monterey Avenue shall contain not less than 1,200 square feet of ground floor area, exclusive of open and screened breezeways, porches, terraces, and attached two-car garages; and each dwelling house from Alameda Avenue east to Bay Shore Boulevard shall contain not less than 1,300 square feet of ground floor area, exclusive of open and screened breezeways, porches, terraces and attached two-car garages.
No trailer, tent, basement, shack, garage, portable storage unit, barn or other out-building shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. Notwithstanding the foregoing, commercial storage units may be brought onto a lot if stored to the rear of the lot and not visible from the public right-of-way. No structure of any kind shall be moved on to any part of the above-described property. Nothing herein shall be construed to prohibit the use of a tent on a resident's lot for use by the residents of that lot and their guests, provided that such use does not extend more than three (3) consecutive nights nor more than fifteen (15) nights in any calendar year and further provided that such use does not disturb the peaceful use and enjoyment of any adjacent lot.
All dwellings erected on these lots shall be of masonry or brick exterior walled construction and, if of concrete block construction, shall have a stucco finish. All wood and masonry combination construction must be consistent with existing dwellings. No prefab or pre-cut construction shall be placed on the subdivision and no tar paper, homosote, asbestos shingle, or other wallboard shall be used as an exterior finish for any of the buildings. No building shall have a completely flat roof. All chimney and flue lintels shall be of glazed tile or material of equal or better quality.
No building shall be erected nearer to the front lot line than twenty-five (25) feet nor nearer than twenty-five (25) feet to any side street lot line. No building shall be located nearer than seven and one-half (7 1/2) feet from any side lot line unless a variance is approved by the City of Clearwater and is approved in writing by owners of all adjacent and adjoining properties.
The above Lots shall not be subdivided into building plots having an area of less than ten thousand (10,000) square feet or a width of less than ninety (90) feet or a frontage of less than eighty (80) feet. Notwithstanding the foregoing, this provision shall not prevent the owner of a lot from purchasing a portion or an adjoining lot to be incorporated into and made a part of the lot previously owned.
A perpetual easement is reserved over the rear five (5) feet of each lot for utility installation and maintenance.
No fence of any kind shall be erected until first approved in writing by owners of adjacent and adjoining properties. All fences shall conform to the architectural design of dwellings and shall be in harmony with surrounding properties. Notwithstanding the foregoing, no fence shall be permitted on the front yard of any lot.
No animals, poultry or other live stock shall be kept or raised on any of said lots, but this restriction shall not be deemed as prohibiting the keeping of cats and dogs as household pets. Residents keeping household pet(s) shall be responsible for restraining such pet(s) from creating a nuisance in the subdivision and for disposing of their solid waste.
No noxious or offensive trade or conduct shall be carried on upon any lot. Nothing shall be done on any lot which may become an annoyance or a nuisance to any other person in the neighborhood.
No well shall be dug on any lot without first having the approval of Southwest Florida Water Management District (SWFMD), if required by law.
If the parties hereto, or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person or persons owning any other lot in said development or subdivision to prosecute a proceedings at law or in equity against the person, persons, or corporation violating, or attempting to violate any such covenant or restriction for the enforcement of these covenants. Any violation of the terms of these restrictions and covenants may be prosecuted by any lot owner. The prevailing party shall be awarded reasonable attorney's fees and costs in the litigation from the non-prevailing party.
Each of the covenants and restrictions herein is independent of all others and invalidation of any one of those covenants and restrictions shall not affect any of the others.
No commercial truck or trailer, commercial vehicle, boat, personal watercraft, camper, or motor home shall be parked in the subdivision either on subdivision streets or at any residence or on any lot, except in a closed garage or out of the view of the public right-of-way and except for those vehicles used by a building contractor during construction of a home in the subdivision or a commercial vehicle making a delivery or providing a service and then only as necessary to make the delivery or to provide the service. Governmental vehicles shall not be deemed to be commercial vehicles. Notwithstanding the foregoing, a motor home may be stored in the driveway or on a side yard for up to twenty-four (24) hours or such lesser period as may be provided by applicable city code from time to time.
To the extent that placement elsewhere does not increase the cost of installation, delay the installation, or prevent the owner from receiving an acceptable broadcast signal, there shall be no satellite dish or other antennae or other device for receiving broadcast television signal(s) in view from the front of the lot. Subject to the foregoing, all such installations shall blend with the design and color of the dwelling and shall be placed on the back half of the lot. No satellite dish of greater than 1 meter in diameter shall be placed on any lot. All other antennae shall be installed on the back half of the lot and shall not be visible from the front of any lot.
Outdoor clotheslines shall be maintained out of view from the front street.
No permanent playground equipment of any kind other than a basketball goal shall be permitted in the front yard or driveway on any lot.
All garbage cans and recycle bins shall be kept from street view but may be placed on the street or in the front of the home no more than twenty-four (24) hours before pickup and removed from the street or curbside within twenty-four (24) hours after pickup,
Each owner of a Lot within the subdivision shall be a member of the Del Oro Groves Homeowner’s Association. The presence in person or by proxy of owners of a majority of the lots, whether they are members of the Del Oro Groves Homeowner's Association or not, shall be deemed to constitute a quorum. The Del Oro Groves Homeowner's Association is a Florida not-for-profit corporation.
These Restrictions and Covenants may be amended upon the affirmative vote of not less than 75% of the Lot owners at a meeting, voting in person or by limited proxy, provided that quorum is present in person or by proxy. No amendment is effective until recorded.
These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them until January 1, 2029, and shall automatically renew for periods of 10 years thereafter, unless 75% of the lot owners execute an instrument in recordable form changing, modifying or terminating these restrictions.
Compliance with these restrictions shall not be deemed to constitute compliance with applicable city code or municipal ordinances. Similarly, compliance with applicable city code or municipal ordinances shall not be deemed to excuse or waive compliance with these restrictions. In the event of conflict between these restrictions and the applicable code or ordinance, the more restrictive standard shall control.
Dated this 19 day of July, 2001