The following Covenants & Restrictions govern properties in Units 1 & 5 who have not joined the Homeowners' Association

Glen Oaks Estates Homeowners' Association, Inc.

Restrictions on GLEN OAKS ESTATES units 1 & 5,   
Filed: 10-31-1962 State of Florida, County of Sarasota, O. R. Book
397, page 594

(text of the official record, taken from a copy by Abstract Company of Sarasota, 
spelling corrected when keyed 11-12-96)

1 of 4 KNOW ALL MEN BY THESE PRESENTS: That whereas the undersigned is the owner of the property in GLEN OAKS ESTATES located in Sarasota County, Florida, and more particularly described as follows:

All of the lots in the subdivision of "GLEN OAKS ESTATES"  according to the plat thereof recorded in Plat Book #17, Page #7 and 7A of the Public Records of Sarasota County, Florida.

WHEREAS, the undersigned, as sole owner of said real estate, desires to adopt, place and impose certain conditions and restrictions on all of the lots in the aforesaid subdivision on record affecting said property.

NOW, THEREFORE, for good and valuable consideration, the undersigned does hereby covenant and agree, for itself and its successors and assigns, that as to the aforesaid property above described the following conditions and restrictions are hereby placed upon the same as follows, to wit:

1. BUILDING REQUIREMENTS:
No lot or parcel of land within the subdivision shall be used except solely and exclusively for residential purposes. No dwelling shall be erected, altered, placed or permitted to remain on any lot other than 1 single-family dwelling not to exceed 2 stories in height, and a private garage or carport for not more than 2 cars, or less than 1 car which garage or carport shall be attached or made a part of the dwelling house. Dwelling shall have a minimum of 1,200 square feet of living area exclusive of garages, carports, cages, porches and utility rooms in the case of a one-story dwelling and shall have a minimum of 1,400 square feet of living area exclusive of garages, carports, cages, porches and utility rooms in the case of a two-story dwelling. The buildings to be erected, or maintained, shall be constructed of new and durable materials and all buildings are to be of a design in keeping with those of the surrounding development.

2. SIDE SET-BACK LINES:
No single story dwelling shall be erected nearer than 10 feet from any side lot line and no split-level dwelling or two-story dwelling shall be erected nearer than 13 feet from any side lot line except dwellings erected on corner lots. Dwellings erected on corner lots must have a minimum set-back from the side of said building to the intersecting street of mot less than 25 feet to the lot line of said intersecting street.

3. FRONT SET-BACK LINES:
No dwelling shall be located nearer than 30 feet from the front lot line of any lot. The front of all dwellings must face the street except that owners of corner lots at the intersection of two or more streets may elect to build either street or to be angled to the intersection of said streets. In the case of a corner lot, front set back to be a minimum of 30 feet but must maintain a minimum of 25 feet on the side set back of the intersecting street. Special provisions shall apply to certain lots as explained below:

The lots for which the special provision applies are all of those lots lying on a curve, whose side lot lines are not mutually parallel. In the case of each of the non-rectangular lots falling in this category the minimum front set-back line shall be established by measuring back from the front lot line a distance of 30 feet along each side lot line to a point. Between the two points thus established stretch a string to represent the minimum front set-back line. No dwelling shall be erected or maintained nearer to the street than said minimum front set-back line, nor further from the street than 10 feet behind said minimum front set-back line.

Nothing in these restrictions shall be construed to require all dwellings to be parallel to the defined set-back lines.
All measurements shall be to the nearest vertical part of the structure at the interior floor level, exclusive of paved patios or privacy fences.

4.No dwelling shall be constructed on a plot having less than 9,350 square feet, and such a plot shall not be less than 85 feet in width at the front building set-back line.

5.Eaves on dwellings may overhang front, side and rear set-back lines to the extent of three feet without being considered as an encroachment.

BUILDING PLANS - APPROVAL: 

No building shall be erected, placed or altered upon any lot until the construction plans and specifications and plot plan therefore have been approved by the Developer, its successors or assigns. One copy of the drawings and specifications of each improvement or alteration shall be filed a a permanent record with the Developer, its successors or assigns. At the time such drawings and specifications are
approved by the Developer a building permit shall be issued, and written evidence that such permit was issued must be posted in a conspicuous manner on such forms as the Developer, its successors or assigns, may provide, on the property wherein the
building, alteration, change or other development is being made. The developer or its duly appointed agents shall be granted access to any construction  in progress for purposes of inspection, GLEN OAKS ESTATES, Inc. shall not be liable in damages to any one submitting plans for approval or to any owner of land covered by this instrument by reason of mistake in judgment, negligence, or nonfeasance of itself, its agents, or employees, arising out of or in connection with the approval or disapproval or failure to approve any such plans. In the event GLEN OAKS ESTATES, Inc. or its agents fail to approve or disapprove design or location of buildings within 30 days after complete plans and specifications have been submitted to the office of the corporation, this covenant shall be deemed to have been complied with.

OTHER STRUCTURES:

No structure or other out-building, such as dog house, tool house, storage house, pump house, garden house or other type of out-building shall be erected or maintained on any lot or lots without the prior permission and approval in writing by the Developer, his successors or assigns and no such permission shall be granted unless such structure or out-building shall be attached and be a part of the dwelling
house on the premises. No trailer, house trailer, tent, shack, garage, barn, play house, barracks type structure or any other type of out-building other than a dwelling house herein before provided, shall be used, maintained either temporarily or permanently for dwelling purposes except that necessary construction sheds may be temporarily maintained during construction of a dwelling but shall be promptly removed upon completion of such dwelling and not later than 6 months after original commencement of the construction of such dwelling.

EASEMENTS:

The Owner and Developer for Ten Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, do grant, bargain and sell to the purchasers, the County and the general public, a 5' utility easement along one side and the rear lines of all lots for underground and overhead utilities, surface drainage and for purpose confident with good practice for the development of said property. Where more than one lot is used as a building site, the outside boundaries of said building site shall carry said easements.

LAWNS AND LANDSCAPING:

All lawns in front of each residence lot shall extend to the pavement live and shall be either planted or sod so as to be established within a reasonable period of time not to exceed 90 days from date of purchase. No gravel or blacktop, shell or paved parking strips are to be allowed except as approved on the plot plan, approved by the Developer, its successors or assigns.

WALLS AND HEDGES:

No wall, hedge, fence or other enclosure of any kind shall be constructed, grown or maintained which is located between the street and set-back line of such lot. No wall, hedge, fence or other enclosure of any kind shall be constructed, grown or maintained which is over a height of 4 feet where such wall, hedge, fence or other enclosure is located between the front set-back line and the back lot line of such lot. Hedge must be planted 2 feet inside the side or back line of lots. Any such fence which is established must either be by vegetation or be an open mesh and no solid wall shall be permitted under any circumstances.

NO RE-SUBDIVISION:

No lot or group of lots herein described shall be re-subdivided, except however, an owner of more than one adjoining lots may sell part of one lot to the owner of the adjoining lot, but by so doing the remaining part of the lot will then become part of said owner's next adjoining lot and the balance will have to be sold as one tract.

UNSIGHTLY OBJECTS:

No vehicles used for commercial purposes shall be permanently parked on any lot, driveway or open carport. Any owner, owning or using a commercial vehicle must garage said vehicle in an enclosed garage. All garbage, or trash  containers, oil tanks and bottled gas tanks on all residence lots must be underground or placed in enclosed areas so that they shall not be visible from the adjoining properties. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon the premises herein described. In the event that the owner of any lot or lots shall fail or refuse to keep the premises free of weeds, underbrush or refuse piles, then the Developer, its successors or assigns may enter upon said lot and remove such refuse or mow or cut such weeds or underbrush and charge the owner for such serviced and such entry on the part of the Developer, its successors or assigns, shall not be deemed a trespass. Clothes lines must be located within screened area. Outside enclosed drying areas must be screened by planting or ventilated structures. If lawns are not reasonably established within a period of time not to exceed  90 days from the date of purchase, an incomplete, un-established lawn shall be deemed an unsightly object and the Developer, its successors or assigns may enter upon said lot or lots and plant or sod said lot or lots and charge the owner for such services and such entry shall not be deemed a trespass.

UNLAWFUL USE OF PROPERTY:

No unlawful, improper or immoral use shall be made of any of the premises herein described or referred to.

NUISANCES:

No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Burning of trash and/or garbage shall be deemed an annoyance or nuisance to the neighborhood.

ANIMALS:

No animals, livestock, or poultry of any kind shall be bred, raised, or kept for commercial purposes on any lot. House pets may be kept on any lot, as long as they do not become a nuisance to other residents of the neighborhood. Pet owners shall assume full responsibility for all actions of their pets. Vicious or threatening behavior of free running animals shall be considered a nuisance. Exposed excrement on lots, lawns or boulevards shall be considered a nuisance.

SIGNS:

No sign or signs of any kind shall be displayed to the public view on any residential lot except one professional sign of not more than one square foot advertising the property for sale, or a sign not more than four feet square used by a builder to advertise the property for sale during the construction and initial sale period which construction and initial sale period shall not be longer than one year from the date of issuance of a building permit as provided under Building Plans Approval.

GENERAL PROVISIONS

1. Remedies for Violation: If the parties hereto, or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing and/or to recover damages or other dues for such violation.

2. Covenants And Restrictions - Who Is Bound: All the covenants and restrictions herein shall run with he land and be binding upon the heirs, executors, administrators, legal representatives, successors and assigns of the respective parties hereto and that the word "owner" when used in the deed shall include the singular and plural, and the masculine and feminine and neuter genders whenever or wherever the context so admits and requires.

3. Invalidation: Invalidation of any one or more of these covenants and restrictions by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

4. Term of Restriction: These restrictions shall remain in effect and force for a period of not less than 20 years from the 30th day of October, 1962, but may be changed or modified any time to affect the property in any block by an instrument in writing, signed and acknowledge by the owners of 80% of the property frontage within the same block, provided the owners of at least 25% of the property frontage in all other blocks in the affected Unit consent thereto in writing. The owners of the lots in each Unit hereby appoint the Developer as their agent until buildings are constructed on each and every lot in a  Unit, for the purpose of making minor changes in these restrictions.

Signed: Glen Oaks Estates, Inc., by Paul L. Paver, its President, 
and Stanley D. Paver, its Secretary. 
Corporate seal. Two witnesses.