Declaration of Restrictions for Colonial Oaks, Unit 25
This Declaration of Restrictions is made by Kemmons Wilson, Inc., a Tennessee
corporation, successor by merger to Ridgewood Homesites, Inc., a Florida
corporation, hereinafter referred to as "Developer,"
That, whereas, Developer has heretofore recorded a Declaration of Restrictions
for Colonial Oaks in Official Record Book 1805, Page 1025, Public Records of
Sarasota County, Florida (the "Restrictions), and reserved the right in paragraph
2 (b) thereof to cause additional lands to be subject to all or portions of the
Restrictions and to be controlled by the Homeowners' Association as therein
Whereas, the Developer now has recorded the plat of Colonial Oaks, Unit No.
25, all of which is now owned in fee simple by Developer and desires to impose
the Restrictions upon said lands as well as to impose certain additional
restrictions thereon as hereinafter set forth,
Now, Therefore, Developer hereby declares as follows:
1. The real property which is owned by the developer and which shall henceforth
be held, transferred, sold, conveyed and occupied subject to the terms of the
Restrictions in addition to lands already subject to the terms thereof, is described
Colonial Oaks, Unit No. 25, as per plat thereof recorded in plat book 34,
pages 7 and 7D of the Public Records of Sarasota County, Florida, (hereinafter
referred to as "Unit No. 25").
2. All of the lands in Unit No. 25 shall be held, owned, sold and conveyed
subject to the Restrictions for all of the use and purposes as set forth therein and
the same shall run with the land and be binding among all parties having any
right, title or interest therein as fully and completely as though Unit No. 25 was
originally described therein and all of the future owners of lots therein shall inure
to the benefit thereof.
3. All of the Restrictions are hereby ratified, confirmed, approved and remain in
full force and effect as to unit No. 25, except as follows:
A: Paragraph 4 of the Restrictions shall read as follows with regard to Unit No.
Size, Design of Building and Garages. Each residence is to be of a design and
construction in keeping with those in the surrounding residential area. The
residence building on any lot shall have a heated and cooled area of not less
than 1500 square feet. Each residence shall have an attached enclosed garage
for at least two automobiles and such garage shall not be later converted to living
area. no residence shall have a carport.
B. Paragraph 8 of the Restrictions shall read as follows with regard to Unit No.
Setback Lines, Etc. No structure of any kind, including, but not limited to, any
residence, garage, swimming pool or screened cage, shall be erected nearer
than twenty (20) feet to any street right-of-way line, or nearer than ten (10) feet to
the rear lot line of any lot, (except that a pool or pool enclosure may be as near
as eight (8) feet to the rear lot line if permitted by applicable governmental
regulations). The total distance from the structure to both side lot lines shall be
no less than fifteen (15) feet, with neither side lot line closer than six (6) feet to
C. Paragraph 11 of the Restrictions shall read as follows with regard to Unit No.
Walls, Hedges and Fences. No walls, hedges, fences, or other enclosures of
any kind shall be constructed, grown, or maintained between the street and the
front setback line. No walls, hedges, fences or other enclosures of any kind shall
be constructed, grown or maintained along the side lot line having a height of
more than six (6) feet. No walls, hedges, fences or other enclosures of any kind
shall be constructed, grown or maintained along the back lot line having a height
of over six (6) feet. Any walls, hedges, fences or other enclosures surrounding
the immediate perimeter of a terrace or patio area and when attached to, or
adjoining the residence, shall not be over six (6) feet high. This restriction does
not apply to completely enclosed screened areas attached to the residence.
D. A post light with a photosensitive cell shall be installed at or near the front lot
line of each lot in Unit No. 25 concurrently with the construction of the residence
on such lot and said post light shall be kept in good working condition at all times.
E. No lot in Unit No. 25 shall be improved with any external aerials or antennas.
F. The first owner of each lot (the owner immediately subsequent to the
developer) shall cause a four foot wide sidewalk to be built between the front lot
line and the pavement of the street adjacent to the lot. The sidewalk shall be
reflected on the site plan for construction of a residence submitted to developer
for approval. The sidewalk shall be constructed of concrete on an appropriate
base, of such materials and in a fashion to appropriately connect to sidewalks on
adjacent lots to create a uniform sidewalk throughout Unit No. 25 and be
constructed to specifications established by Sarasota County. The sidewalk
relative to each lot shall be completed no later than the issuance of a certificate
of occupancy for the resident on the lot, or at such earlier time as may be
required by Sarasota County. The developer may obtain such extensions from
Sarasota County as it deems appropriate for any or all lots still owned by
developer, but the benefits of any such extensions shall not inure to any
subsequent owner. Nothing herein shall be construed to require developer to
install any sidewalk. In the event an owner of a lot fails to install a sidewalk as
required above, developer shall have the right (but not the obligation) to cause
Colonial Oaks of Sarasota Homeowners Association, Inc., to cure such default by
installing the sidewalk and the Homeowners Association shall have a lien for all
expenses incurred in such installation, which lien may be enforced and collected
as all other Homeowner Association liens provided for in the restrictions.