PEMBERTON CREEK SUBDIVISION

SECOND ADDITION

(RESIDENTAL ESTATES) 

PROTECTIVE COVENANTS         

PEMBERTON CREEK CORPORATION, a Florida Corporation, hereinafter referred to as the Developer, desires that all of said property in PEMBERTON CREEK SUBDIVISION, Second Addition, as per plat thereof as recorded in Plat Book ____ Page ____, of the Public Records of Hillsborough County, Florida, be subject to like restrictions for the mutual benefit and protection of the Developer and persons both natural and corporate, who my hereafter purchase or acquire any interest in said property or any portion thereof.      

Now, therefore, in consideration of the premises, PEMBERTON CREEK CORPORATION, the owner of all real property described herein, does hereby declare said real property to be subject to the following restrictions, reservations and conditions, binding upon itself and upon each and every person both natural and corporate, who or which shall hereafter acquire any interest in said real property, and their heirs, successors and assigns to wit:

GENERAL STATEMENTS:

A.                The term “dwelling” as used herein is intended to mean a single-family residence.

B.                 All requirements set forth herein are intended to provide standards for the construction, appearance, maintenance, and continued well being of individual and all lots and structures within the subject subdivision, also as to provide a clean, neat, and appealing community.

C.                Any conflict herein with existing governmental requirements, or future requirements is not intended, and any such governmental requirements shall rule.  After a period of five (5) years from the date of plot recording, the Protective Covenants may be amended provided 80% of the owners of record at any time shall approve of any such amendment proposal prior to recording of same in written form.

D.                PEMBERTON CREEK CORPORATION, or any present or future property owner of any property (lot or lots) within the PEMBERTON CREEK SECOND ADDITION, shall be allowed and encouraged to enforce any and all convenants contained herein.  If legal action or actual litigation should become necessary to enforce any or all of said covenants, the party or parties prevailing from such action or litigation shall be entitled to recover from the opposing party or parties all costs incurred, including but not limited to reasonable attorney’s fees.

STRUCTURES:

A.                PRIMARY OR DWELLING:

1.       All dwellings erected within the subdivision shall meet the standards of the Southern Building Code, as amended from time to time or such zoning and building codes as may have jurisdiction.

2.       The maximum height of a dwelling shall not exceed thirty-five (35) feet.

3.       A single level or one story dwelling shall have a minimum of 1,700 square feet of living area, not including porches, patios, overhangs, breezeways, carports or garages.  A two-story dwelling shall have a minimum of 1,300 square feet living area at ground level, and a minimum of 600 square feet living area within the second level.  All said living areas shall not include porches, patios, overhangs, breezeways, carports or garages.

4.       All carports or garages shall have a minimum of 440 square feet under roof and on a concrete slab.  If a carport shall be constructed, then said carport shall have a side entrance, and the side of said carport facing the street shall be 80% screened so as to eliminate visual sight of interior of said carport from the street area or front of lot.  If a garage shall be constructed and shall have a front entrance, said owner or owners shall keep said garage door closed at all times except when going or coming with vehicles.

5.       Prefabricated, modular, or such improvements as may be made in the future in relation to single family dwelling construction shall be allowed, provided such construction shall meet with the approval as required by the appropriate governmental agencies and shall be of a finished nature when complete.

B.                 SECONDARY STRUCTURES

1.          One secondary structure only shall be allowed upon any one lot.

2.           Any secondary structure shall be allowed be of the same basic design and finish as the primary dwelling and finished exterior within twelve (12) months.

3.          No secondary structure shall be higher than the primary or main dwelling.

4.          Any secondary structure shall not be a living or rental unit to be occupied by a person or persons.  Utilization is intended as horse barn, workshop, garage, etc.

5.          Any secondary structure shall be located to the rear of the dwelling.

6.          No mental or portable type Storage shed shall be allowed.

7.          Gazebos or non-commercial greenhouses shall be allowed and not considered as secondary structures as otherwise herein defined.  Said gazebo or non-commercial greenhouse shall be located to the side or read of the primary dwelling and kept in a good state of repairs and appearance.

CONSTRUCTION:

A.                The main or primary dwelling and all related structures shown on the plans and specifications approved by the required governmental agency must be completed in accordance therewith within twenty-four (24) months after construction has begun, if the owner is building the subject dwelling himself.  If a licensed contractor is performing via contract, the maximum time allowed for completion shall be twelve (12) months from date construction has begun.  Date construction shall have begun is hereby defined as the same date building permit is issued.  Exception to such completion time schedule shall be granted if completion is rendered impossible as the direct result of strikes, fires, national emergencies or other natural calamities.

B.                 No shack, trailer, tent or other temporary or movable building (unless otherwise authorized herein) or structure of any kind shall be erected or permitted to remain on any lot.  This shall not prevent the use of a temporary construction shed during the period of actual construction of the main or primary dwelling, nor restrict the use of adequate temporary sanitary toilet facilities for workman during the construction period of the primary dwelling.

C.                Prior to completion of construction of coinciding with the completion of said construction of any home or dwelling erected upon any lot, there shall be a brick, concrete, or asphalt driveway installed “by the owner” from the county street paving and running continuous to a point at least 62 feet from front lot line or until connection is made to garage or carport slab.  Said driveway shall be a minimum of nine (9) feet in width.

D.                Receptacles for sending of receiving mail shall be located at the front of all lots and within the street right-of-way.  No other receptacles of any type other than those herein defined shall be allowed, further, no more than one such receptacle shall be allowed per lot.  All such receptacles must be enclosed (except for front opening) within any of the following type structures: 1. Brick; 2. Block with stucco exterior; 3. Stone; 4.  Pressure treated wood; 5.  Combinations of 1 through 4 above.  All such structures shall maintain a minimum height from the existing ground elevation of four feet and be maintained in a working, attractive condition.

E.                 The main or primary dwelling shall have the front elevation, if constructed of concrete block, covered with a finish other than the plain block or painted plain block.  Examples:  Block w/stucco, block w/stucco and stone, block w/wood and stucco, etc.                                

F.                 All wellheads above ground, pumps above ground, and tanks located upon any lot not located within the primary or secondary structure shall be covered or screened 100% from view upon installation of such water system.  Further, said cover or screening shall be at all times be maintained.  Further, any water system installed, if above ground, shall and must be to the rear of the main building.

SETBACKS:

A.                FRONT – There shall be a minimum front yard of 50 feet (measured from the county street right-of-way to the front of said dwelling.

B.                 BACK – There shall be a minimum rear or back yard of not less than 50 feet.

C.                SIDES – There shall be a minimum side yard on each side of the main or primary dwelling of 25 feet.

D.                Not more than 30% of any lot area shall be occupied by structures.

E.                 No lot may be re-subdivided.

LIVESTOCK AND PETS:

A.              Horses, cattle, or burros are permitted, provided that no more than one animal over six months of age per one-half acre of land be maintained.  Additional small animals, such as small mammals and fowls considered as pets, shall be allowed except that the keeping of such animals or fowls does not constitute a business, or a nuisance to the community.  Any such animals as permitted shall be kept in a securely fenced area to the rear of the main dwelling, except those animals considered as house pets.  The breeding, raising or boarding of any animals for commercial purposes is strictly and specifically prohibited.  Swine are specifically prohibited.

B.         Dogs and cats shall not be allowed to roam freely past boundaries of their owners lot or lots.  Should a situation arise wherein an animal or animals are not restricted and controlled, and after two (2) formal requests to the owners of said animal or animals to so control and animal or animals have met with no results within a 30-day period, formal legal proceedings shall be initiated against the owner or owners of said animal or animals.  The cost of such legal action shall be paid by the owner or owners of the subject animal or animals.

MAINTENANCE:

A.     It is expressly forbidden for anyone to:

1.      Burn trash on any lot or within the boundaries of said subdivision.

2.      Dispose of household, animal, or man-made refuse on any lot or within the boundaries of said subdivision.

3.      Allow the accumulation of any junk (such old cars, boats, etc.) or the following:  trash, garbage, rubbish, debris, waste material, dead tree limbs

B.     All owners of lots shall arrange for the orderly and timely removal of such items as covered in Items A-1 through A-3 above, as normally handled by the public at large.

C.     The owner of such lot, whether improved or unimproved, shall keep such lot free of undergrowth, dead trees, dead tree limbs, trash, etc., and shall keep the lot in a neat and attractive condition at all times.  The owner shall maintain grass or other low-growing vegetation at a maximum height of twenty-four (24), unless the low-growing vegetation has been specifically planted.  Low-growing nondescript vegetation as may grow naturally from time to time without the owner’s cultivation.

If any lot or lots are not maintained, the county or proper governmental agency may perform the maintenance and bill or invoice the owner of record for said costs involved.  If the proper governmental agency at any specific time is unable to perform said maintenance, the PEMBERTON CREEK, INC. or the remaining lot owners, as individuals or collectively (after first making notice by registered mail to the subject lot owner of record and waiting fifteen days after such mailing) may perform the maintenance and bill or invoice the owner of record for said cost of same.  If the owner of record shall not pay in full the amount billed or invoiced within thirty days from invoice date, then the party or parties shall be allowed to file and place of record a lien for said invoice amount.  Once said lien has been filed and placed n the public records, the original amount due shall earn interest thereon at the rate of 10% per annum of the maximum amount allowed under the law until paid in full.

D.     No sign or any character shall be displayed or placed on any lot, except “For Rent” or “For Sale” signs.  Such signs shall refer only to the particular premises upon which displayed, shall not exceed three square feet in size, and shall not exceed four feet above ground level; shall be fastened only to a wooden or metal stake in the ground or similar bar and shall be limited to one sign to each separate ownership.

FENCING:

Fencing and cross-fencing shall be allowed within the following guidelines:

A No barbed wire fencing shall be used forward of the rear of the main dwelling

B.   No hogwire, chicken wire or similar type fencing shall be used.                    C.    Acceptable fencing materials and types of fencing are as follows:

1.      Brick

2.      Block with stucco covering or painted block

3.      Wood (split rail)

4.      Chain link

5.      Wooden slat or other wood types so long as the finished fence provide for a neat and attractive appearance.

6.      Stone

7.      Mounted earth sodded 100%

E.      The height of all fences shall be governed by local county codes.

ADDITIONAL PROVISIONS:

A.          Easements – Power, telephone or other utility easements other than platted may be granted as necessary or desired by owner to furnish utilities to dwellings and accessory buildings.  All utilities from front lot lines into any lot shall be underground only.  The first 75 feet of underground electric is hereby provided at no cost to the lot owner of record by T.E.C.O.; any services in excess of 75 feet from front lot line shall be at the owner of record’s expense.

B.           There shall be an easement for power at the two front corners of all lots, each easement shall be ten (10) feet square.

C.          No illegal, noxious or offensive activity or condition shall be permitted or allowed to continue on any part of this subdivision, nor shall be permitted or done thereon which is or may become a nuisance or source of embarrassment, discomfort or annoyance to the community.

D.          Any vehicle with business markings are prohibited from parking in front, rear or side yards in an exposed manner, or anywhere except in an enclosed garage, carport or secondary structure.  Commercial service vehicles called to do standard repair work are exempt.

E.           No trucks, campers, trailers, recreational vehicles, boats or commercial vehicles shall be permitted to park in the development unless they are kept in an enclosed garage or secondary structure, out of sight at all times.  No truck larger than the stand pickup type shall be allowed at any time except as stated in Paragraph D above.

F.           No unusually large, television, radio or citizens band antennas shall be    allowed.  No activity or broadcasting may be carried on in any structure or within the subdivision.

G.          No above-ground pools shall be allowed.

H.          No Australian pines, eucalyptus or punk trees shall be planted or allowed to grow anywhere within the subdivision.

I.             All garbage and trash containers, bottle gas tanks, water treatment systems and similar structures and installations shall be placed under the surface of the ground or concealed 100% by fence or shrubbery so they shall not be visible from the street or adjacent property.  Any of the above items shall have a permanent location to the rear of the main dwelling.  Clotheslines shall be allowed under the following provisions:

1. Location must be to the rear of the main dwelling.

2. Height cannot be more than six (6) feet.

3. Must be 100% enclosed from view on all sides.

J.             Trash and/or garbage containers shall be placed at the street for collection only on the morning of said collection day.  At the end of said collection day (even if contents are not picked up), the containers for said materials shall be removed from the front of all lots and placed back within their permanent locations to the rear of each dwelling until the next scheduled pick-up day.

K.          All improved building lots in the subdivision shall include solid sodding upon completion of any home to the maximum standards as follows:

1.Sides – A minimum of fifteen (15) feet from building out.

2.Rear   - A minimum of twenty (20) feet from building out.

3.Front  - A minimum of forty (40) feet from building out.

The above requirements shall vary if a finished landscaping arrangement is put in place thereof.  Also, if the existing tree cover would lend itself not to sodding, then this requirement shall be null and void.

L.           Any lot bordering on, having within, or having cross it any body of water, stream or creek shall not be filled in or altered except where necessary by culvert or footbridge.  The maintenance of banks shall be the responsibility of the owner of record.

IN WITNESS WHEREOF, the President and Secretary of PEMBERTON CREEK CORPORATION have hereto subscribed their hands and seal of said corporation this the _______________day of _________________A.D., 19____.                                  

                                                                            PEMBERTON CREEK CORPORATION

                                                                              By_____________________

ATTEST: 

_________________________

Secretary