WILLIAM AND MYLDRED BLACKBURN
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RESTRICTIONS
MORNINGSIDE ESTATES UNIT 1, AS RECORDiEQ.,lN PLAT BOOK 5<)., PAGES
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58 AND 59, PUBLIC RECORDS OF PINE LLA S COUNTY, FLORIDA.
KNOW ALL MEN BY THESE PRESENTS: That whereas, the under-
signed is the owner of the property in MORNINGSIDE ESTA TES UNIT I, located
in Clearwater, Pinellas County, Florida, and more particularly described as
fo llows :
Lots 1 through 193 inclus ive
MORNINGSIDE ESTATES UNIT I
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THEREFORE, THESE PRESENTS WITNESSETH: That these restric-
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Hons and limitations shall be covenants running with the land, regardless of
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whether or not they are specifically mentioned in any deeds of conveyance sub-
sequently executed.
A. BUILDINGS
1. All of the above lots shall be known and described as residential prop..
erty and no structure shall be erected on any parcel of the same other than one
single fam ily dwelling and one attached private garage of the same architecture
and general design as the residence, both to be constructed of new materials.
All structures shall not p!!?' l~l~ ~han 500/. concrete block - stuccoed masonry
cansU',uction and shaU-ha~ tHe roofS;"-Marble chip or "equivalent may be used
for roof construction in the rear of the house only - for roof of such areas as
Florida Room and Screen Porches. Other roofs may be submitted to architec-
tural board together with des ign data for cons ide ration .
2. No outbuilding of any nature may be erected on the property and no
garage or other structure shall be erected on the property prior to the erection
of the residence. Lean-to's or car ports are expressly prohibited.
3. No trailer, basement, tent, shack, garage, barn or other outbuilding
s hall at any time be stored, erected, placed on the site or used as a res idence.
temporarily or permanently, nor s hall any res idence of a temporary character
be permitted. No structure of any kind shall be moved onto. any part of the above
described property except for a temporary sales office at either entrance on'
Belcher Road. No dwelling shall be occupied prior to completion of construction
including final painting.
4. All res idences s hall be erected in accordance with the following schedule
of minimum s quare feeto~ floor.~re~ of the ground floor, exclus ive of porches,
patios, breezeways, ga.iitigeii~n:trother'llreas which are either open or enclosed
solely by screens. For the purposes of measurement for compliance with this
restriction, outside w~,l1 dimensions may be used. Schedule of minimum square
feet of floor area as follows:
Lots 5 through 21 inclusive, Lots 22 through 32
inclus ive and Lot 115 . 1400 sq. ft.
Lots 1 through 4 indus iv~, Lots 33 through 62
inclusive, Lots n6 through 126 inclusive .
Lots 63 through 114 inclusive, Lots 127 through 133
indus ive, Lots 179 tb.l',ough 193 inclus ive .
Lots 134 t~rough 17 8 inc~u'i1 ive
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1200 sq. ft.
1 150 sq. ft.
900 sq. ft.
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5. No structure shall be erected or moved upon any part of the prem ises
herein, nor shall any change or modifications beilUade in the exterior of any
such structure unless the eJSj:erior plans and specifications therefor showing
the nature, kind, shape, height and location thereof, shall have been submitted
to and approved, in writing, by the developer his heirs or assigns.
B. LOTS AND LOCATIONS OF BUILDINGS
1. Should more than one lot, as shown on the plat of the subdivision, be
used as a single building site, these restrictions shall apply as though the entire
building site were one lot.
2. No building shall be erected nearer than twenty-five (25) feet 10 any
front lot line or closer than fifteen (IS) feet to any street lot line. No building
or part thereof shall be erected nearer than seven and one-half (7 1/2) feet to
any s ide lot line or ten (10) feet of the rear lot line.
3. No lot may be reduced in size from the size shown on the record plat
without the written consent of the developer.
C. ARCHITECTURAL APPROVAL
1. No building, structure or installation, including but not limited to
residence, garage, patio, wall, fence, mass planting and barbecue grill, shall
be constructed, erected, placed or permitted upon the property until the plans
and specifications therefor have been approved by the developer, his heirs or
as signs. The complete plans (i. e., plot plan, grading plans, construction plans,
including but not lim ited to front, s ide and rear elevations, floor plans, founda-
tions plans, etc.) shall be submitted by the owner to the developer in duplicate,
one of which shall be returned to the owner when approved or rejected, and the
other retained by the developer. Approval by the developer of said plans and
specifications shall not be 4~~~:~d~1:) be a waiver of these restrictions. The
developer hereby reserves the right to disapprove plans and specifications solely
on the bas is of aesthetics. If an approval or disapproval, as set out above, is
not given in writing within a period of thirty (3D) days by the developer to the
person or persons requesting same, then no approval will be required, provided
that the des ign, construction and location on the plot conform to the covenants
and restrictions described herein, and are in harmony with the structures in
the same zoning then existing in said subdivision. The exterior walls of any
structure shall be not less that 500/0 masonry construction with exterior finish
of painted stucco or of brick, stone or similar masonry material. No unstuccoed
block will be approved, unless it is a decorative or colored block specifically in-
tended as a finished material. No alteration, addition or extension to any struc-
ture or existing structure shall be permitted without the approval of the developer.
When air conditioning equipment is to be included or added to building const ruc-
tion, it shall be located so as to be screened by view from the street in front of
the lot and house in question. Except for porches and patios, roofs shall have a
pitch of not less than 2" and 12'.
2. No grade or elevation of any portion of any lot may be changed without
the specific written consent .of t~e developer.
3. No curb, drainage structure, water lines, sewer lines of any street
shall be removed or altered for any purpose without the specific written con-
s ent of the develope r.
4. Owners of respective lots shall be directly financially responsible
to the developer for damage to the foregoing improvements res ulting from the
actions of employees of said OWIloers or independent contractors furnishing labor
or materials to or for said owners. No structure shall be erected, placed or
permitted, and no alterations shall be made or permitted on the property which
shall in any way hinder the surface or sub-surface drainage of the property.
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D. FENCES, WALLS, SWIMMING POOLS, CLOTHES POLES AND LINES
1. No fence or wall will be permitted on any lot in front of the front
building setback line which is over 42 inches (42") in height and has a total
occlus ion of ove r one foot (1'). Rear fences may be constructed behind the front
building setback line which have a total occlus ion not in exces s of 50% of the
area to heights not in excess of"'Six feet (6'). Solid walls or walls with over a
50% occlusion may not exceed four feet (41) in height.
2. No clothes drying poles or lines shall be erected or used on the prop-
erty in such a manner that said poles, lines or clothing thereon shall be vis ible
from the street or adjacent lots.
3. No fence, wall, tree, hedge, shrub, or any obstruction of any nature
which obstructs the view above three feet or below seven feet (7') above the ad-
jacent roadways shall be placed or permitted to remain on any corner lot nearer
to either street than the respective prope rty line.
4. All garbage or trash containers, air conditioners, oil tanks, bottle
gas tanks, soft water tanks, swimming pool filters and equipment and similar
structures or installations, shall be placed under the surface of the ground or
placed in walled-in areas so that they shall not be visible from the street or
from adjacent property.
5. No swimming pool may be constructed which is not fully enclosed by
an adequate screened enclosure or a four foot high locked fence.
E. WALKS, DRIVEWAYS AND LAWNS
All walks and driveways shall be constructed of concrete from the curb to
the lot line and the remainder shall be paved continuously of concrete UD.'less
otherwise approved by the ct~velQP~r. No strip or ribbon driveways shall be
co.nstructed or permitted.PiaJis and specifications for walks and driveways
shall be subject to the approval of the developer and shall be submitted to the
developer together with the plans for any proposed res idence.
F. SIDEWALKS
There shall be constructed in accordance with plans, filed with the office
of the City Engineer, sidewalks on the street side(s) of every lot'in this develop-
ment. Four (4) feet width sidewalks shall be constructed of 3000# p.s.i. Port-
land Cement, formed andp'oured four (4) inches thick, reinforced with 4"x4"
wire mesh. Sidewalk construction shall be constructed to lines and grades and
in accordance with specifications approved by the developer.
Plot or site plans, when submitted to the developer for architectural ap-
proval, shall show sidewalks. Sidewalks shall be constructed simultaneously
with driveway and no house shall be occupied before sidewalks are completed.
G. SIGNS
L The erection of~:..nb~ards, -posters or other advertising signs or struc-
tures s hall be prohibited except as follows:
(a) Identifying signs may be placed on buildings while construction is
in progress. When construction is completed, one sign 14" x 20"
in size may be displayed outside a specific house, offering the
property for sale. One sign not larger than eight (8) square feet
may be displayed only during the time that the Builder, or his
representatives, are on the premises.
(b) One large promotional sign on each s ide of the entrance from
Belcher Road to the subdivision may be erected by the developer,
and unless approved by the developer no independent builder may
utilize thes e areas for advertis ing.
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2. Plastic pennants, spinne rs, signs with mov ing parts, alternating or
flashing lights, banners, snipe signs or similar promotional items shall not be
used by builders or owners for sales purposes.
H. EASEMENTS
Perpetual eas ements for the installation and maintenance of utilities and
drainage facilities as shown on said plat filed in the Public Records of Pinellas
County, Florida are hereby reserved. No drainage structure or installation, or
swale may be changed, altered~! obstructed, or removed for any purpose except
by the developer, his heirs or ass igns .
1. GENERAL
1. 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.
2. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any lot, except that not more than a total of three (3) household pets may
be kept, provided that they are not kept, bred or maintained for any commercial
purposes.
3. No commercial vehicles may be parked in the driveway, or vacant
lots after normal working hours.
4, Builders, contractors and sub-contractors while building on any lot
in Morningside Estates are to keep the premises free of trash, empty bags,
brush and other debris.
J. ADMINISTRATION AND ENFORCEMENT
L Blackburn Brothers Laihd Development, a Partnership, of
532 South Missouri Avenue, Clearwater, Florida, is hereby designated as
developer for the uses and purposes of these restrictions.
2. These covenants and restrictions are real covenants and restrictions
and are to run with the land, and shall be binding on all parties and owners, and
on all parties claiming under them, for a period of twenty-five (25) years from
the date of these covenants and restrictions are recorded, after which time said
covenants and restrictions shall be automatically extended for successive periods
of ten (10) years each, unless prior to the commencement of any 10 year period,
an instrument in writing, signed by a majority of the owners of lots, has been
recorded in the Public,Records of Pinellas County, Florida, which said instru-
ment shall agree to change, alter or rescind said covenants and restrictions in
whole or in part. These restrictions may be changed or amended by the record-
ing of an instrument bearing written consent of the owner of sixty-five percent
(65%) of the lots he re in.
3. If any person, firm or corporation, or their heirs, Successors or
assigns, shall violate or attempt to violate anyof thes_~!'.l:!strictiolJs before their
expiration, it sha.U be lawful~l",a.QY othe-r per.on or p.rsons owning any part or
parcel of any above described land to prosecute any proceeding at law or in equity
against the person or persons violating or attempting to violate any such covenant
or restrictions and either to prevent him or them from so doing or to recover
damages or other dues for such violation.
4. Invalidation of anyone of these covenants by judgement or court order
shall in no way affect any of the other provisions, which shall remain in full
force and effect.
5. The developer shall have the right and authority to approve exceptions
and/or variations from these restrictions without notice or liability to the owners
of other lots or any persons or authority whatsoever.
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K. PROPERTY OWNERS' ASSOCIATION
1. Every person, firm or corporation purchasing a lot in said subdivision
from Blackburn Brothers Land Development or their heirs or assigns shall be
conclus ively pres wned by the recording of the conveyance of said property to
such person, firm or corporation to become a dues paying member of the
Morningside Community Improvement Association, Inc. Said Association being
a non-profit corporation under the laws of the State of Florida.
2. Said corporation is formed for the express purpose of maintaining
property values by creating an informed repres entative body who will spons or
community, social, and civic programs for development and improvement. De-
veloper may, at his option, at the termination of five (5) years from the execu-
tion of these presents assign all its rights of architectural approval to an Archi-
tectural Board appointed by the Directors of the Association.
3. The owners of each of the nwnbered lots in this plat of Morningside .
at the time of accepting a conveyance of said lot agrees to pay unto the As socia- '!
tion an annual assessment in an amount determi.ned by the Board of Directors of
the Association.
4. Such charge or assessment shall be levied upon each lot on \Vhich a
residence is constructed, but shall not exceed $12.00 per year, unless changed
by a petition to the Board of Directors of said Corporation signed by seventy pe r-
cent (70%) of the owners of the lots.
5. This s wn shall be due annually, payable without furthe r notice, on or
before the first day of June of each year. If not paid promptly said sum shall
become a lien against the property, subject to unpaid assessment in favor of
the Association. Said lien may be foreclosed in chancery together with the cost
thereof including interest thereon at the rate of si,x: (6%) percen~ annum and a
reasonable Attorney'S fee whleh costs and charges the owner of each lot failing
to pay subject charge covenants and agrees to pay. After forty-five (4;;) days
delinquency in paymen't of his annual assessment any owner shall lose his voting
rights in said Association until ten days after payment of all arrears together
with s irnple interest accrued.
IN WITNESS WHEREOF, William G. Blackburn and Myldred L. Blackburn,
his wife, and Wallace W. Blackburn and Elizabeth A. Blackburn, his wife, have
executed these presents on thi's 13th day of September A.D. , 1963.
WITNESSES:
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William G. Blackburn
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My-l{r-;~~ Blackburn, hil3 wife
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Wallace W. Blackburn
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A. B 1 a c k bur n, his wife
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that. on this I~day of ~~ A.D., 1963
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before me personally appeared William Go Blackburn and Myldred L. Blackburn,
his wife, and Wallace W. Blackburn and Eli~abeth A. Blackburn, his wife, to
me known to be the persons des(:.rib~d in and who executed these presents and
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acknowledge th~d execution thereof to be their own free act and deed for the uses
and purposes therein expres.ed. Witness my hand and official seal th~ date
My Commission Expires
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Nota ry Public
aforesaid.
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