HomeMy WebLinkAboutOrdinance 620
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ORDl\ ..'iCE NO.
6;?D
CITY OF OCOEE, ! LORIDA
AN OPL~INANCE lZLLi\.TI\; TO RESTRICTIONS ON
THE USE OF CERTAIN P~OPERTY WITHIN THE
MUNICIPAL BOUNDARIE::; OF THE CITY OF
OCOEE, FLORIDA HERE';,rJFORE ZONED RT- 2,
PROVIDING LEGAL DESC.~IPTIONS, DEFINI-
TIONS, RESTRICTIONS CF THE rJSE OF LAND,
PROVIDING FOR ENFORCEMENT, PROVIDING
PENALTIES, PROVIDINC FOR CONSTRUCTION
AND SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS: There is w.~ thin the municipal limits of
the City of Ocoee, Florida, certain property described
below which has heretofore been zoned RT-2 as provided
by tlle City of Ocoee Zoning '. rdinance, as amended, and
WHEREI...S: Said prop\,;rty is presently owneCl 0}
Ocoee Mobile Homes, a partnership and the legal dL'~'~ rip-
tion of said property is as ~ollows:
VALENCIA MOBILE HOML PARK: The El/2 of thl.:
SW1/4 cf the ~El/4 n;,d the casterl}l 40.00'
of the Wl/2 of the 0h 1/4 of the NE1/4 of
Sectic 1 18, T22S, R28E, les:; the southerly
40.00' there0r for L_ght ot ~ay.
~~(
to / ' ,,'- 5
PALMS MOBILE "OME PL. ,,;:: Be) :.L at Lhe SW
corner of the SEl/4 "f thE) N~;J] /4 of Sectic"
18, Tc;\.,nship .. 2 Sou" RanS' 28 Ea..'C., Orar, ;,'
o '
County, Florlda, rUJ thence :'J 0 07' 30" E
along Lhe West Line, f said SE1/4 of NW1/4
of sald Section 65l.!7 feet; thence S 880
58' 07" W 308.86 feet; thence N 00 21' IS"
E 652.48 feet; thence N 89011' 15" E 376.64
feet; thence S 500 3b' 00" F. 756.1G feet;
thenc, S 390 24' 00" 'vI 60' ; then~~e 825'
thence S 880 45' 00' W 336' tu P. 0, B., Cf;..-
tainins appr ximate~ 15 ac~cs.
y
('/14,. ;./
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dnd
WHEREl'.S:
Ococe Mob.~,\~ Home<=., ,h.::reu,after c.:....Lled
., Deve.l. llJer", desires 'ha t ai.. or the- ab(yve describt;.J real.
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propr:ct./ be subject to certaid restl.....;tLons and eas<.:ments
"'or mutudl benefit and j,_ .t') teet1-'- , uf itself anc ~ll
~ers~',i::; who lkreinaftcr may;, lrchas, -;1 acquire sa~ . pro-
pert, ,H any .t..J<lrt t.:lLreof ar" also ,0 :,} ute~t the l,^ "que
char_cL2r of said prG~~r~y aLd to protect s~Ld pro:, 'ty's
val ue "nd
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\VHERl::.AS: the "i ty '-' :nissic...,;l of the City of Ocoec:'
nas conducted an independent investigation and has deter-
mined t~at because of the particular characteristics of
the above described real property, it is necessary that
there be restrictions as to the use of said real property
over and above those set for'h in the Zoning Ordinance of
.
the City of Ocoee pertaining to the RT-2 zoning classifi-
cation in general and has determined that said restrictions
are ln the best interest of the health, safety and welfare
of the residents of the City of Ocoee.
NOW, THEREFORE,
BE IT ENACTED BY THE PEOPLE O~ THE CITY OF OCOEE, PLORIDA:
Section 1. l\UTHORI~Y, PURN)SE, SCOPE:
This ordinance is enacted under the authoriLY of
Article VIII Section 2(b), cf the Constitution of the
State of Florida, under auth~rity of Flurida Statutes,
Chapter 69-1359, Special Act~ of 1969, for the purpose
of previding restrictions as to the use of those p~rcels
of real property described above. ~his ordinance 1S en-
acted in the lnterest of the ?ublic safeth and welfare of
the citizens and inhaoitants of the City of Ocoee, Florida
and shall be in force and effect ana shall be enforced
throt...S.l:1out the City.
Section 2. DEFINITIONS:
(a). "Owner" shall m~dn and refer to the property
owners or their successors and assigns.
(b). "Properties" sh,ill mean and refer to all that
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certain real property referred to or. tht..: abcve ment.Loned Plat.
(c) . "Lot" shall mea:. and re i c~r (.O.l.lY plot ur parcel
of rc 11 properc.y, or tJortiUl. ur port. lons the: n~of, iI; shown
on tLe above wentioned plat which an owner may own and upon
which a dwelling unit (mObile hOIlle) is placed.
(d). "Owner" shall TI...;an and refer to the record owner,
whether one or more persons.r entitles, of the fee simple
title to any lot, including the seller of an executJry
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contI tl..t for sale, bt:t. excl ucLng those having such interest
merely ~ beneficiary or as security for the performance
nf an obligation.
(e). "Developer" shall mean and refer to Ocoee
Mobile Homes, a partnership, and its successors by merger
or consolidation, and assigns, and one of whose prlmary
purposes shall be to develop Valencia Mobile Home Park
and Palms Mobile Home Park.
(f). "Restrictions" shall mean and refer to this
Notice qf Restrictions and Easements on Real Estate.
(g). "Development" shall mean and refer to all of
th real property as is hereiDabove set forth and pa=ticularly
descru.ied.
(h). "Front lot line" shall mean aLa refer to that
side of a lot that faces on 3 street or road.
If more than
one s~de of a lot faces on ~ street or road, the "front
lot :l-ir.0" may Le any side th..it faces on a street or road,
at tr.c uption of the -.Jwner ot said lot.
3. USE:
(a). Mcbile fume spac~s will no longer be rented
effective date of this ordlLance.
(b). Mobile Home spaces that are presently rented
will be permitted to remain in this status until occupant
vacates, at which time the ~Juile Horne s~ace will revert
to s..ngle ownership.
(c). None of t..ne lots or tho improvements ti,ereon
shall be used for anyt.hing other than Mobile Home, private
resiciential purposes, excep~ that Developer may m~~ntain
a sales office and S2_0S agLn~s on the property.
D..1ring
or ai ..~('r, but not before thl Jlacement of a mobile home,
ther..: i.ldY also be placed a l' :...io, aWl, LLCJS cUld metal shed that
blends with mobile home fer scorase purpose.:>, so lonq as
the SdWO are connected (by c.iVered :.,coeZeVJdj or ot,.._.rwise)
with, .;..ad useci in COL':;Wicti(:1 wittl '~uch lloLl.le home' f.Jrivate
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resiJcltCe. Ci ty of Ocoee s1.._11 also have the right to
amend Lnese restrictions or add additional restrictions
as her~inafter provided.
4. LOT AREA: Except as hereinafter provided,
no lot shall be subdivided aDd no reore than one single-
family mobile home may be erected or placed or permitted
on anyone lot. However, one who purchases more than one
lot adjoining will not be restricted as to placement of
mobile home on lot.
5. ARCHITECTURAL CONTROL: No building or other
structure shall be erected, placed or altered on any lot
until at least the prelimina.y plans, specifications and
plot pl.~ns have been submi tt.2d to the: Developer and the
City of Ocoee, and the same approved by the Developer and
the Clty of Ocoee in writing in the following particulars:
(1) 'l'hat saiLi building or oLler structure complies in all
respLcts with ~hese restrictj,ons, reservations and conditions,
and (2) The color and texture of materials and pai;; t to
be used on the exterior of all dwellings, and (3) That
said building or other structure is in conformity and
harmony not only with respect to the topography and fini-
shed ground elevations, but also with the architectural
desiS": of other complet2d or l-ropos.::d structLlres ir. said
subdivlsion, and (4) The proposed landscaping of suld lot,
l.ncludi.:1g the proposed remOval of any trees or other plants
~resently growing on said lot. In the event the Developer
fails co approve or dlsapprove such design and location
within thirty (30) days after the same have been suLmitted
to it, such ar.proval will net be required and this ccvenant
will be deemed to have been ',ill ly cumpliCd wi th. ~iL~ L back
requirements for utilicy bu~_~ings outlinea in the City of
Ocoee, Zoning Ordinance, do riot apply in tn~ Parks.
6. STRUCTURES:
(a). No dwelling shall be placed or permit~~~ to
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remain In any ~ot that ccntal~S less than 600 square feet
on the main floor (10' x 60 I :-1obile Home). This require-
ment being exclusive of addi, ional attached garages, car-
ports or patios.
(b). No structure sh011 be u3ed or occupied until
the exterior thereof, as approved pursuant to Paragraph
.
Five (5) above, is finished a~d water and sanitary sewer-
age disposal facilities (compiiance with Paragraph Seven-
teen (~7) below are completely installed and operable.
Each lot served will be requ~red to pay a connection
charge, if an11 for tbe electric service to the residence.
~his charge is to be paid dir0ct to the Electric POwer
Company furnishing such service.
(c). No dwelling sha 1;. be located 01, any lot nearer
than 38ven and one-half (7-1/L) feet measuri~g horizontally
to base of dwelling, to any front, side or interior lot
line, except tlidti
(1). If one structure is constructed on a purcel of
propE: l. consisting cf more ~r.an one lot, tne combi!1<.:'d area
shall (for this purpose) be .nsidered as one lot.
(2). The set-back li~es may 0e relaxed by decision
of thE Developer (if approved by the:: Ci ty of Ocoee), ;, f the
above prescribed distances an, not ~'..1sible considel:~ng t 118
terrain and topography of the lot or property.
(d). Except as hereinafter provided in Parasraph 21,
no trai ler, tell t, shack, garLt-je, barn or other outbuilding
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or structure of a temporary character shall, at any tlme,
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ever be attached to the propc,rty or be used as a residence,
temporLlrily or perman~- ntly, Lur shall any structure ('ver be
moved onto or permitted to [. l,l.lin on ,my lot. No tl 1,'ks or
equipmf>nt largE~r than 9,000 l,:'unds 'J.coss velHcle weiJht, may
be parkE2d or stored on a res Ldentiu 1 lGt or the st:Oc:"l ad-
joining it except during actudl plac.. ,lent of a :nob~,. ~ horn;,;
on tha'l lot. No stn:ccure L to be erected on a f(L:~dtion
of crt:,osoted poles or c:!:evatcc: above normal foundaL..r)~. heights.
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(e). Once placeme:,::. :m an approved structure has
corruncnc(~d, it shall, v.ltn rc-,;onable diligence, continue and
shall be complt....: ted wi thin SlX (6) days thereafter (unless
prevented by war, strikes, or acts af God or any other reasons
beyond the control of the owner) as to its exterior, and all
temporary structures or equipment used shall be removed.
(f). On the sides of lots that face a street or
road, no fence, wall, hedge or bush shall be built nearer
than or.e (1) foot, measured horizontally at ground level from
the lot line. On all other sldes of lots, fences, walls,
hedges or bushes may be built to the lot line.
7. SIGNS: No sign of any kind shall be displayed to
the public V1CW on any lot except one sign of not more than
four (4) square foot o.dvertis~ng the property for ~ale or
rent, or signs used by the De~eloper or builder to advertise
the ~~overty during constructlon.
Developer or its ~gents
shall HelVe the right to remove any signs which violdte this
prov Slon, and, in so doing, shall not be liable for trespass
or ott'it.::r tort 1.n conn, ...:tion '.lerewi th, or 0.1 ising ",)ffi such
removu.l
8. NUISANCES: No nOX10US ur offensive activity
shall be carried on or mainta';ned 0:, l;Y lot 1n the sub-
division, nor shall anything 1.>e don or permitted to be
done t :,ereon which may be or .)8COm(:-< nuisdnce in :',;.:'
neigtworhood.
Motor bikes will not be permitted if ~y
reason of noise or manner of ...lse they are consid"en. i by
the Developer to be a nuisance.
Drying of clothes
shall
be restricted to rear 25% 0> lot.
~he Developer reserves
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the rljht, if u residence is rented, to requcst an 0wner to
remov" a tenant that becomes.:;bnoxicjL.:s 0,' '1 '1iolo. L, en of
dny 0:= ~he other restrictior- ' and ccnd~ l LUllS of tr.L~ notJ.cc,
u. n d l,
rc:qullL c..ll(~' 0\ ~l not Lo ren -:.. to Sd Ld tenant dg 0.111 L.
If, dLeer request, the owner fails cu r<:~mGV, said U :.ant,
the IJt,.\!cloper (and/or City ot Ocoee) shall ;lave th, ..-ight
t.o rc )/8 said tenant on its uwn initlativc' and tht' uwner
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cf the lot from whom said te;'Jnt is removed, hereby shall
be lidcle to pay all costs, including reasonable attorney's
fees, lncurred by the Developer in removing said tenant.
9. FIREARMS: The use or discharge of firearms is
expressly prohibited within the subdivision.
10. \'V'ATER, GARBAGE A?'JJ TRASH SERVICE:
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(a). All trash, garbage and other waste shall be
kept and stored in containers which shall be keltin a clean,
sanitary and sightly condition, which containers, if kept
outdoors, must be "animal proof" containers. Said trash,
garbage and other waste shall be deposited by each indivi-
dual o~ner in an area designated by the City of Ocoee. Fees
for pickup and removal of garbage and trash will be paid for
by tht~ \jwners to the City of ',coee. The Developer shall
also make arrangements for a garbage service to pick up
said trash, garbage and other waste from said central 10-
cation. All owners of lots \\'ith motile homes in place
that a::e occupied shall pay their proportior cite shc' r.~ for
said garbage service. There shall Le no burning of trash
or other waste. All contracts for the flacement of dwelllng
units on any lot shall contain a provision whereby the Builder
agrees to remove or arrange for the removal of all trash
and waste created by said construction or placement.
(b). Each lot will be serviced with an lndividual
water meter.
Upon receipt o~ the meter connection fee, the
City of Ocoee shall furnish an inst,~11 the necessary fittings,
meter and meter box at the property line. The owner is
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responsible for water lines inside the proi?erty lines.
( c). Wa t e r an d ~~, u ita t 1 i n bill i n g will be in
accord~nce with present polJ:les of the C1CV of Ocoee, and
any future policies establls1".ed by tliC ,,~'Cj' Conuni~)sion.
11.
STORAGE OF r-1J,TE Id A.LS :
No Duilding mat rial of
any kind shall be placed or stored upon any lot.
12. M~IMALS: No !1oJ':.'~s, cows, hogs, poull~./ or
Ii vestoL:k of any kind ',otL:'r 'han house pets of reasonable
size, kind and number, and stall be leashed when outside the
mobile home) may be kept on l~y lot. Only one pet per family
will be allowed.
Should such pets become a nuisance in the
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opinion of the City of Ocoee, they must be removed from
the premises and the subdivisLon.
13. DN\INAGE STRUCTURES AND DRIVEWAYS: Drainage
structures under private driveways shall always have a drain-
age opening of sufficient size to permit the free flow of
water without backwater. All culverts or drainage struc-
tures shall be so constructed that they will not cause
damage to other lots or streets in any part of the sub-
divislon. All driveways sha~l be constructed and designed
to be "all-weather" driveway.:; and shall be a minimum of
ten (iO) feet .in width. The :.\ainteLanc~ of said drlveway
and dralnage structures there~nder shall be the res~onsi-
bili t:l of the owner of the I.Jt. over which said dri vt.'way
and dr cunage st.ructure lies. Al thouq h the L'sponsiL di ty
of the mainten3nce of the roadway and t.he drainage uitch
on sa id roadway across the o"ner' s lot ~hall be the ,(2-
sponsLbility of the Developer (and subsequently the City
of Ocoee), any damage done to said roadway and drainage
ditch that occurs durlng the ,onstr~ctiorl tnd/or illaincen-
ance of said driveways and drainage ~cructures thereunder
shall be the responsibility G~ and pald for by the o~ner
as hereinafter provided in Subparagra~h 25-8.
14. UN~~GHTLY ~TORAG~:
If open carports are used,
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no unsightly storage therein shall be permitted that is
v .isib.: e from t..:le stre~ t or f ~ C;li any other r~'sidence :~ Ii
c:.he sui},livision. No lrlsli..jllt.J' DOelt:,;, truc;:c; or vchJ(;lcs
shall Le stored (or kept for c.ne puri:Jose of repair) on
any lots or driveways.
L S. OFT-STREET PARKL,:: There shall lJe no on-street
parking anywhere in the subd..lision, except wnere :,:_,cifically
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provided.
Both prior to 0:: .: ter the OCCUP,lncy of d dwelling
on any lot, the owner shall UJO appropriate space for off-
street parking of his and his guests'
vehicles.
16.
CLEANING LOTS:
Lwners of lots, their heirs and
assigns, agree to keep their ~roperty clean and if this is
not done, upon notice Leing duly given, the Developer (and
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subsequently the City of OCO~(,) may, without any liability
for any type of trespass or dill~ages, clean the lot and
charge the purchaser or other subsequent owners of the pro-
perty the cost of cleaning the same not to exceed a charge
of $25.00 per lot per cleaning.
17.
SEWAGE:
Septic Links WL 1 not be permitted.
Perpecual e~~ement5 for private
18.
EASEMENTS:
rights-of-way are hereby reserved ove~ and across all pro-
rties designated as "streets" or "roads" on the plat of
the above described real property, for the use and benefit
of all (,.If the CN"ners of lots dS well as their tenants, guests,
invi tees, successors a:,d ass_ :!ns. All of said areas en-
compassed wi thin the propert'z designated as "streets" or
"roads" on the said plat are ,11so hereby reserved for the
purpose of installing, repairing and maintaLning or con-
veying easements to proper parties so that they may i~stall,
repalr and maintain e18ctric lJower, water, sewage, gas, tele-
phone and similar util~ty faCilities and services for all
of the lots and propercies iL the sUbdivision.
The installa-
tion of all sl.;ch facilities .::'nall be so located within said
right-of-way, however, so as "!ot to interfere with vehicular
.
and pedestrian traffic ln sa~Q streets or roads.
~'o the
extent necessary to serve a~ lot, easements for SUCh util~ty
purposes are also reserved o~~r and ~~ross portion~ of said
lots ~lthout the owner of the lot over whiCh said easement
runs Dt, i ng entl tled to any c( ,npensa tion or r0.dress by reason
of tl'1, :act or t_he locatiolJ .:- such easement and the instctlla-
t ion, .r epair and main r,,!lLL'.~'C ,} f any such facl Ii ties dcross
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said lat., the only limitati," being that the location of
such easements across said l:)ts and the installation, repair
and rnalntenance of such faCllities shall be such as to not
interfere with the use of s~ld lot by its owner. Sa1d
utulity easements are undergruund rights. The utility
easements reserved and dedic~ted uncer the terms and pro-
visions hereof shall be for t~e general benefit of the sub-
division except for access t~ the o~e liftstation on Silver
Star Road. Access is limited to easement adjacent to lift-
station and shall also inure to the benefit of and may be
used by any public or private utility company entering into
and upon said tJroper'--,/ for t,ne purposes Clforesaid, without
the necessity ,)f any further grant of such easement rights
to such utility companies.
Should t.he Dev810per lat~r
decide that it would be in t~~ best interests of th~ owners
of tL", lots 1n the subdivis_uIl to dL:dicale as a pu:....lic road
or SCH'ct a part or all of t :".,~ areas encompassed v-",,-,tnin the
propt'r~i.es designated on trh :jubdlVision pl..lt as ": ::..reets"
or "roads", then it shall [L.';: the J."ov-..er to do so \.ithout
the pccessi ty of the Joinc.eL l)f any of the indi vic.uai
owners of lots in the sULJlv~sion.
19. OIL, GAS I MIUEl<J,;., II.ND WATER DEVLLOPMEN'l': No oil,
gas or dri11i-d for ~dter 0
jUarrYl:lg or ;,ining c~.J..;raticns
of any kind shall be permitt~J upon cr 1n any lot in this
subdivision.
20. TRAVEL OR RECREl\'~ :::ONAL TRAILERS AND TEN'l'S: No
such use of a lot shall be d ,~owed.
.
21.
LhNDSCAP l:~G:
Lt, _ owners are required t.o lantl-
scapc: tneir 10.::s in a mannel COnc.uCl ve to '.; :Jod dev(o'J. upmen t
tastes.
22.
P L,.8S :
.~0 op'2n ~.,d/or U.l.Jttdlded fires ..;hall
be permittedLn the subdivis.,)r1.
Chelrcoal or fire~; In out-
door,!r ills Sh,111 be ~)ermi tt <=-.d in ah,::.ropriate conLd .1ers,
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but even these fires shall b~ supervised and not left un-
attended at any time.
24. POST OFFICE BOXES: Post office boxes shall be
permitted as long as the one used 1S approved by the U. S.
Postal Service and the design and location are approved in
advance by the Developer (and subsequently by the City of
Ocorr) .
.
25. PROPERTY O\~ERS' ASSOCIATION:
(a). Each such person, by acquiring title to
any lot in this subdivision, shall be deemed to also
covenant and agree to be bound and abide by all of the
terms of these restrictions as well as all rules and regu-
lations hereatter promulga~b~ first by the Developer and
later by the City of Ocoee. At the time such a person
becom~s an owner, they shall supply Developer with what-
ever 1nforrnati.on is necessary to include them on the
rolls of the lot owne:s inclJding but limited to name,
address, ages, names and age~ of children, telephone
numbers, etc.
(b). Ownership Ol a lot entitles the owner Ol
any lot and the members of his family and their gUt.': tS to
use, subject to such rules and regulations and assessJOents
as mJY be from time t:.0cime l, stablished by the Developer
and the City oi Ocoee, of al~ of the properties and to
the use of all recredtional or other fac~l~ties which may
from time to time be constructed, maintained and operated
on said properties by the Developer (and subsequentJy the
Ci ty 0 r Ocoee). The j udgItl-2L t of the ::)ev(~loper (and sdb-
sequently the City of Ocoe'c~ .:.is to the n(~cC'ssi ty or Jesirabili ty
of tLc J nstalla tion or CAlst r llction 0 f (iLY recrca l LvIJal or
other facilities for the us~ ()f the owners cf lots shall at
all tlmes be final and ;;ullclu:..:ive.
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25. PPC~)ERTY Oi'JNERS I ^SSOCIA'l'ION: (B CONTINUSD)
Any such facilities so constructed by the Developer (and
subsesuently by the City of Oooee) may be operated u~der
the direct control of the Developer (and subsequently the
City of Ocoee) or may be leased or licensed to other per-
sons to operate in any other manner as the Developer (and
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subsequently t~e City of Ocoee) may from time to time
determine.
(c). At such tiil,e as all lots are sold by
Developer, Developer shall deJicate to the City of Ocoee
the land and facilities of the park.
(c:.). As each 10:' in the Mobile Home Park lS
sold , five percent (5Yi) of t~le Gross cos toE each lot will
be placed in ai, escrv,n J.ccou t requl CLIl'J sj'Jnature..; ()f both
parti.:s (City of Ocoe0: and D,.veloper) to witndraw mO.jLes.
This ~D~ey is to be used for the construction of Recreational
Facilities ln the City of Occ0e.
(e) .
Both Parks insofar
d'
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i;:.provements,
l.e.
street.s, sidewalks, water, llghting, dral;uge and sclnitary
sewer lines inside the Parks will be completed in dccordance
with ~lans suLmitted to thL ~Lty of 0~oee 21 September 1972.
Inspection wi 1.'- be comvle tea t,y the Ci ty En(j ineer ar1c1 a
report submit~"d to t ''': City CommiscoLon pr:,;!" to a,;.:'~ptance.
(f). Suby:ct to release by UI( mortga<je holders
as to Park and Recreational J.reas, screets, sidewalks and
all ut..ili ty lines to include: vJater, sewer.:l\J,," and lightins
thereon which will be owned a.,d operated by the City of Ocoee
.
by W2lr ranty Deed with 2l one . ",..:ar It'd': n to nance warran ty .
(g). The City s:k,11 11o';e cliO option to Clssume
owner ;,hip and operation of L'crea t. i (lL ,\ L pc.! r:-ks and '::lL('<1S,
streets, sidewalks aLd all ~:llity lines to Lnclude water,
sewer (lge and lighting therec'" s ubjec t tJ L'lease LI the
mortgage: holdl;rs. Developer shall be held respons.ible ,for
one ,year ,maintenance warranty.
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(h). In thl_ l,"",lit damage occurs to thf~ driveway
or dralnage facilities alons the road on a lot, which damage
1S occasioned by the negligent act or failure to act by the
owner thereof, and the owner, after request by the Deve-
loper, (and subsequently by the City of Ocoee), fails to
cepalr said ddmage, then the Developer (and subsequently
the City of Ocoee) shall have the right, but not the
obligation, to repair such dallage and to assess the owner
of the lot for all costs and expenses incurred in connection
therewith. The amount so assessed shall be due and payable
irmnedia tely by the owner of the property so affected to
the D~veloper (and sUDsequentiy the City 01 0coee).
( i) .
In order to secure the pdyments of the
asses Sli1ents plovided in this paragLll-'h, a vendor's 1 ien,
or its equivalcnt, sh~ll be 3nd is hereby expressly re-
served to sec~re the payment of said assessment, which
lien may be enforceable by a~Jropriate judicial process by
the Developer (and subsequently by the City of OC02~) .
Such vendor's lien shall, hcw~ver, be automalically second
cmd slL,ordinate to the lien
- liens of any bona f~dc lender
.-
which tlereafter lends money L, the owner of dny lot for the
purchase of such property or the contruction of imp.ovements
on said property. It is eXiJl-,,:,;ssly [~rther prcvideu, nowever,
that the forec.1osure <) any !)rior llt.~n agair.st any lot shall
extinguish only the a,'lount of any accured and unpaid assess-
ments against such lots as or the date of such foreclosur~,
and shall not terminate the ..L i abli ty of the new owr.er of
such lot for ~ayment of asseSciments which shall accrue suL-
sequel.:': to the date 0 r ~;ucb .'~ reclo::., lre.
In the eV,-IJ t:
DeveloiJer transfers the r lCJhl to CC'l. '[ ,'ct the assossmO:lts to
the alJC,vc rneLtlo;led C.l.ty O~ veol's, iJ"v'cloper ::;hall lU~ewlse
have the right co traILS Ie r cH,(l ass ign its r HJht of all vendor's
liens 3ecuring t?aymen t tLereu 1 to ':>,:\1 d Ci ty of Ocose.
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26. ENl'ORCEMLNT: 0(: 'It.: loper (and subseqU(~n tly the
City of Ocoee), its s~cccssors and assigns, shall have the
right to enforce abservance and performance of the re-
strictions and covenants contained and provided herein,
and In order to prevent a breach or to enforce the obser-
vance or performance of same, shall have the right, in
addition to all legal remedies or remedies elsewhere pro-
vided herein, to an injunction either prohibitive or man-
datory. In any legal action brought by the Develope~, (and
subsequently the City of Ocoee) I its successors and assigns,
in which said action is successfully completed, the pa~ty
against whom said act~on is Drought hereby covenants and
agrees to reimburse the Developer, (and subsequent~y the
City of Ocoee), its successo~s or assigns, such reasonable
costs incurred in said legal .lction, including but nc,t
being limited to reasonable attorney's fees.
27. AMENDMENT:
So long as the DevLloper owns any
of thu lots in this s~bdivision, other than those lots
desig'lCl Led on t.he pIa t as be Lng owned by the parklild
those designated for utiliti~3, and except for those pro-
visioIL3 contained in Paragra~Jhs 2, 25 and 27 hereof, the
City of Ocoee shall have the right to amend these re-
strict l,ons In whole or In pal'::" by e:.LCU tin,:;; .:l wri t tc::n
instrument maklng said chang<...:s and ':lvin'1 U:<...: sa.'Tle dUly
recorded in the official rE.cords of (jranse Cuunty, ,'l,Jrida.
As to the provisions contaiIlL'G in sa~d Paragraphs 2, 25 and 27
dnd as to all of the rest at these restrictions after DeV2-
loper, or its buccessors and ~sslgns, no longer owns .lny
lots 1.L this S JDdi ViE .l.on, U._ City of Ocoee may chZln'Jc
these covend;,ts In wh')}, or ::, part by likewise executing
a wriLLun instrwnent to that. ~ffect dnd recording siud in-
strument or instruments in t'l<.' official recocds of (.ILinge
Count,:, Florida.
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28.
DLi.v\TION OF RES'L.. CTIONS;
Thes~ are not only
covenants, conditions and eaS0ments ~hat are to run with the
land, but, except as they mayor might be amended in accord-
ance with Paragraph 27, they shall be binding on all parties
and all persons claimi~g under them until December, 31, 1999,
at which time said covenants shall be automatically (~xtended
for successive periods of ten (10) years unless the City of
Ocoee agrees to change said 80venants in whole or in part,
or ot terminate them.
29.
Invalidation of any covenant
PARTIAL INVALIDITY:
or restriction (by court judgment or otherwise) shall not
affect in any way the validity of all other covenants, re-
strictions, rL~ervatio~ls and conditions, all of which shall
remain in full force and effect. Acquiescence, regardless of
time involved in any violation shall not be deemed a waiver
of the rights of enforcement against the violator or others
the conditions and covenants so violated or any other con-
ditions.
Developer, (and su.,sequenl. lY ttlt::; City of ,)coee) ,
its s~ccessors or assigns, sOdll have the right to clnter
the property of the violator and correct the violat~on, or
to requlre that the same be 20rrected and to recover the cost
of damages thereof.
30.
I~ any s~ctlon, sentenc(, clause,
SEVERABL,.IITY:
phrase or word of this ordir..dce is for any reason i).dd or
declared to be unconsti tutionctl, inoperat.i ve or V01U, SUC.l
holding of invalidity shall not affect the remailling portlons
of this ordinance, and it shall be construed to have been the
legislative intent to pass thiS ordinance without s~ch un-
consti t L.<tional, invalid or i ;l~)pera ti ve part thereir~ and the
remalI".der of t~hlS or<.l,; nancC' ,\ f tcr tl.~ ('XC 1 us ion of ~; llch pa rt
or parts shulL be deellled aad held tc be valld as it ;';uch
part or parts had not bedl 1 'Icluded iwrc:ln.
If this or-
dinance or any provisiol; the: rcof snu11 be l!t:ld inapJ?licaLle
to anj person, group of persu~s, prcj?orty, Kind of 0Loperty,
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circumstances or set of circ~rnstances, such holding shall
:lot affect the applicability :"ilereof to any other person,
property or circumstances.
31. CONSTRUCTION:
This ordinance shall be deemed to be cumulative
and supplemental and in addition to any other act, law or
ordinance relating to the utllization of property zoned
RT-2, providing, however, that this ordinance supercedes
and repeals any existing ordi~ance which is in direct,
irreconcilable conflict herewith. The provisions of this
ordinance shall be liberally construed in order to effectively
carry out the purposes of thIS ordinance in protecting the
intere3t of the public healL" safety and welfare O~' the
citiz~ns and residents 8f the City of Ocoeo.
32. EFl-ECTlVE DATE:
This ordinance shall take effect inunediat:ely upon
passa'je by the City ConunissiuD of tLt: Clty of Ocoec, Florida.
ENACTED this __~
day uf _Q_~fot~~__, 1975.
eli OF OCOEE, FLORIDA
BYS~,__
ATTEST:
~ill~~__
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t.XHIBIT A"
SECTION SEVEN
R-T-2 MOBILE HOME COMMUNITY DISTRICT
7.1 GENERAL DESCRIPTION
This district is composed of certain lands where it is desirable
to attain a high density area consisting of mobile homes on single
lots for sale to individual owners or for rent.
7.2 USES PERMITTED
.
Property and buildings in an R-T-2 Mobile Home Park District shall
be used only for the following purposes:
(1) Mobile Homes and their customary accessory uses.
(2) Same as for R-l Single Family Dwelling District, including
customary accessory uses.
7.3
REQUIREMENTS
(1) Each application for rezoning shall be accompanied with a
site plan as required.
(2) Each R-T-2 Mobile Home Park District shall contain a mlnlmum
of ten (10) acres in area, shall have at least ten (10) mobile homes
spaces completed at first occupancy, with no mobile home space
containing less than thirty-five hundred square feet in area.
(3) No part of any mobile home or addition thereto shall be placed
within seven and one-half feet of any mobile home lot boundary line;
nor shall same be located within fifteen (15) feet of any accessory I
or service building.
(4) Each mobile home lot shall have unobstructed access at least
fifteen (15) feet wide to a paved street of not less than twenty
(20) feet in paved width. Hard surfacing shall consist of a base at
least six (6) inches thick of lime rock or soil cement or an
equivalent material and a top at least one (1) inch thick made of
asphaltic concrete or an equivalent material. Such streets shall be
lighted by a system which consists of a one hundred watt mercury
light for everyone hundred twenty (120) linear feet of roadway or
shall with some other system supply two-tenths lumen per square foot
of roadway.
(5) Closed ends of dead-end streets shall be provided with an
adequately paved area of at least 60 feet.
(6) Deed covenants for lots sol~ shall be developed to insure the
maintenance and upkeep of areas and facilities retained in common
ownership in order to provide a safe, healthful and attractive
living environment within the Mobile Home Park and to prevent the
occurance of blight and deterioration of the individual units.
(7) For lots rented, it shall be the duty of the landlord to keep
an accurate register containing a record of all mobile homes, owners
and tenants of the rental lots. The register shall contain the
following information:
. (a) Name and address of owner and each occupant.
(b) The mobile home lot on which the mobile home is parked.
(c) Date of entering the park.
(d) Date of leaving the park.
(e) The license number with date of issuance, year, make and
model of each mobile home and the vehicle by which it was trans.
ported unless such vehicle is a licensed transporting company.
The landlord shall keep the register available at all times for
inspection by law enforcement officials, public health officials, anc
other officials whose duties necessitate acquisition of the infor-
mation contained in the register.
7.4 SIGNS
Signs for identification of mobile home parks shall be provided as
per Chapter III, Section 10.
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