Burnt Store Isles Association, Inc.
Burnt Store Isles (PGI Section 15) is a deed-restricted community, and the responsibility for enforcement of the deed restrictions was conveyed from PGI, Inc. to BSIA by signed agreement in 1985. These restrictions apply to all lots and homes, and all residents and lot owners are expected to conform. It is BSIA's intention to work diligently to enforce these deed restrictions whenever necessary. The deed restrictions are reprinted for your information.
DECLARATION OF RESTRICTIONS
Section 15 and Section 15 Replat
Whereas, Punta Gorda Isles, Inc., hereinafter called the grantor, a corporation under the laws of Florida is the owner in fee simple of the following subdivision situated in Charlotte County, Florida, to-wit:
Lots 10 thru33, inclusive Block 230, and all lots in Blocks 231 thru 282, inclusive, Punta Gorda Isles, Section 15, as recorded in Plat Book 8, Pages 20-A thru 20-Z of the Public Records of Charlotte County, Florida.
A Replat of Punta Gorda Isles, Section 15, as recorded in Plat Book 15, Pages 25-A thru 25-O of the Public Records of Charlotte County, Florida The Section 15, Replat contains the following blocks and lots: Block 230,Loss 100 thru 114 inclusive; Block 231, Lots 100 thru 114 inclusive; Block 232, Lots 100 thru 118 inclusive; Block 233, Lots 100 thru 118; Block 235, Lots 100 thru 115inclusive; Block 249, Lots 100 thru 103 inclusive; Block 250, Lots 100 thru 105 inclusive; Block 253, Lots 100 thru 110 inclusive; Block 263, Lots 100 and 101; Block 267, Lots 100 and 100; Block 269, Lots 100 thru 106 inclusive; Block 270,, Lots 100 thru 113 inclusive; Block 271, Lots 100 thru 118 inclusive; Block 272, Lots 100 thru 121 inclusive; Block 273, Lots 100 thru 167 inclusive; Block 275, Lots 100 thru 139 inclusive; Block 280, Lots 100 thru 104 inclusive; Block 281, Lots 100 thru 108 inclusive; and Block 282, Lots 100 thru 104 inclusive.
AND it is the desire of said corporation that uniform restrictive covenants and restrictions upon the use and type of building and development of the above-described land to be set forth herewith:
NOW THEREFORE, in accordance with the law, Punta Gorda Isles, Inc. does hereby establish the following restrictions on the above described land which said restrictions shall run with the land.
1 RESIDENTIAL USE, SINGLE FAMILY
The lot(s) aforementioned in Punta Gorda Isles Section 15, including all lots enlarged or recreated by shifting or relocation of side boundary lines are restricted to the use of a single family, their household servants and guests. Only one building shall be erected to the lot and only buildings restricted to the use of one family may be erected. A construction shed may be placed on the lot and remain there temporarily during the course of active construction of a residence. Otherwise no portable buildings or trailers may be moved on the lot.
2 NO TRADE, BUSINESS, PROFESSION, ETC.
No trade, business, profession or other type of commercial activity shall be carried on upon any of the land covered by these restrictions without the express written consent of the Grantor. This shall not prevent an owner of a building from renting said property for residential use.
3 LAWNS AND LANDSCAPING
All lawns on all sides of the buildings of the above mentioned land shall extend to the pavement line. No parking strips, drives or paved areas are to be allowed except as approved on the plot plan of the plans and specifications. Upon the completion of the building(s) on the above mentioned land, the lawn area on all sides of the building(s) shall be completely sodded with grass and a sprinkler system capable of keeping this grass watered shall be installed - it being the intent that the lawn area shall be uniformly green, luxuriant, and well kept.
A comprehensive landscaping plan shall be submitted to the Grantor for his approval and a sufficient number of trees and shrubs of sufficient size shall be shown thereon in a design which shall be commensurate with the development of high grade residential property. Said landscape plan after approval by the Grantor in writing, shall be built and installed by the Grantee. Refusal of approval of said landscaping plan may be made by the Grantor based on purely aesthetic grounds which in the sole and uncontrolled discretion or the Grantor shall deem sufficient.
A permit to commence building construction under these restrictions may be withheld until such landscaping plans have been brought up to a standard commensurate with the terms of these restrictions. If the landscaping is not installed in accordance with the landscaping plans, Grantor may, at his discretion, enter upon the above said land and rearrange, remove or install said landscaping and make a reasonable charge for so doing and said charge shall become a lien upon the above-mentioned land, as provided for under the laws of the State of Florida.
1 APPROVAL OF PLANS, SPECIFICATIONS, AND LOCATION OF BUILDINGS.
In order to insure that the building(s) on the aforementioned land will preserve a high standard of construction, no building or other structures shall be created, placed, or remain on the aforementioned land until a set of the plans of the working drawings and specifications, including a plot plan showing the location of the building(s) or other structure, terraces, patios, walls, fences, driveways, property lines, poles and set-backs is submitted to the Grantor and approved by the Grantor as meeting the requirements of these restrictions and as being in accordance with the building plumbing and electrical codes in effect at the time of construction or alteration of any building has begun. Construction requirements and specifications may include (but are not limited to) the following: tile roof, minimum roof pitch of three to one, cement drives, outside building colors subject to approval. Prior to approval of plans, written approval must be obtained from the Grantor for use of the building contractor to be employed in the construction of the above mentioned building(s), or other structures. Said building contractor shall be a regularly employed bona fide building contractor duly licensed by the applicable governmental authorities and in addition shall pass such testing requirements as may be set forth from time to time by the Grantor. Said building contractor shall in addition to the foregoing requirements be required to post a performance and completion bond for the full amount of the work as shown on the plans and specifications so as to insure against the possibility of partially completed buildings marring the beauty of the above mentioned land. Aforesaid bond shall be obtained from a recognized institution Bonding Company and shall be of a form and wording approved by the Grantor. The Grantor may, at his discretion, bond the construction in lieu of the above said bonding company.
Refusal of approval of plans, specifications and location of building(s) by the Grantor may be based on any ground, including purely aesthetic grounds which in the sole and uncontrolled discretion of the Grantor seem sufficient. No alterations in the exterior appearance of the above building or structure shall be made without approval of the Grantor in writing. The provisions herein contained shall apply equally to repair, alterations, or modifications made in the above building(s).
The Grantor reserves the right (but not the obligation) to from time to time inspect the building construction as it proceeds in order to assure himself that the building is being constructed according to the plans and specifications and if it should occur that said inspections show that this is not the case then a letter shall be addressed to the contractor with a copy to the owner setting forth said objections to construction and forthwith the work on said construction shall stop and abate until said objections have been complied with and steeled.
There shall be no construction signs displayed except those that may be required by law.
The issuance of a building permit or license, which may be in contravention of these restrictions, shall not prevent the Grantor from enforcing these provisions.
2 SET BACK AND MINIMUM SQUARE FOOT AREA.
All buildings erected or constructed on the aforementioned lot(s) shall conform in area and setback limitations to the following table, no building with less than 1200 square feet of living area shall be erected on any lot without the express written consent of the Grantor.
SET BACK REQUIREMENTS
Front Back Sides: 25 Feet, 25 Feet, and 7 -1/2 Feet
3 METHOD OF DETERMINING SQUARE FOOT AREA
The method of determining the square foot area of proposed buildings and structures or additions and enlargements there to shall be to multiply the outside horizontal dimensions of the building or structure at each floor level. Garages, car ports, roofed screen porches and the like, shall not be taken into account in calculating the minimum square foot area as required by this restrictive covenant.
4 LOT ARE AND WIDTH AND SPECIAL CASES.
No dwelling shall be erected or placed on any parcel having a width of less than 75 feet at the minimum building front setback line nor less than 7200 square feet, except that a dwelling may be erected or placed on any lot as shown on the recorded plan.
5 LOCATION OF GARAGES AND PARKING
No garage or carport shall be erected which is separated from the main building. No trailers or trucks of any kind nor any boats, boat trailers, campers, mobile homes or the like shall be parked overnight on or adjacent to the above-mentioned land without the express written consent of the Grantor except that boats may be parked in the waterway adjacent as prescribed in Paragraph 9, below.
6 BOATS, BOATHOUSES AND ANCHORAGE.
Boat landings, docks, piers and moorings posts shall be constructed only in accordance with plans and specifications therefore approved in writing by the Grantor. The owners and occupants of the aforementioned lands shall have an easement in common for the purposes of navigation on all waterways. Docks, piers, or moorings post shall not be constructed so as to extend beyond a distance of eight feet from lot line. However, the Grantor may from time to time authorize a variation in the aforementioned docking plan such variation, if any, must be in writing. No boathouse shall be constructed on or adjacent to the lots plotted on the above-mentioned land, nor shall any boat canal or slip be dug or excavated into any of the waterfront lots unless the same is approved in writing by the Grantor. No vessel or boat shall be anchored off shore in any of the waterways adjacent to the aforementioned lot(s) so that the same shall in any way interfere with navigation.
7 FILLING IN
No lot or parcel shall be increase in size by filling in the waters on which it abuts.
The Grantor may require the applicant, purchaser, optionee, lessee or grantee of a waterfront lot(s) to construct a seawall in accordance with a common plan and specifications approved by said Grantor. The Grantor reserves the right and option, however, to construct a seawall on a water front lot among the lot lines on the waterfront side of the aforementioned land. Upon the completion of any such seawall erected by the Grantor, the actual cost of such seawall shall be paid pro rata bases on the lineal waterfront footage of said lands by the applicant, purchaser, optionee lessee, or grantee of said land, and after the completion of the construction by the Grantor of any seawall, a lien shall arise and is hereby created in favor of the Grantor and against the applicant, purchaser, optionee, lessee, or grantee for the full amount chargeable to each lot and the amount payable by each applicant purchaser, optionee, lessee, or grantee shall be due upon the completion of such seawall. The lien for such seawall shall be enforceable in law or in equity according to the provisions of Florida law by Grantor and the cost of collecting such liens shall be paid by the Grantor, applicant, purchaser or optionee, including attorneys fees. Should Grantor permit grantee, applicant, purchaser or optionee to construct their own seawall, the same must be approved by the Grantor, and shall be similar in height and appearance to adjoining lots.
wall, hedge or fence shall be constructed along or adjacent to the side
or rear lot lines on any of the aforementioned property with a height of
more than three feet above the ground level unless the placement,
character, form and size of said wall, fence or hedge be first approve
din writing by the Grantor. The height or elevation of any wall, hedge or
fence shall be measured form the existing property elevation. Any
questions as to such heights may be conclusively determined by the
animals, birds, or reptiles of any kind shall be raised, bred, or kept on
any of the aforementioned property except that dogs, cats and other
household pets may be kept, provided they are not kept, bred or maintained
for any commercial purpose. No animal, bird or reptile shall be kept in
such a manner as to constitute a nuisance.
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the aforementioned lands, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in the aforementioned lands. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any of the aforementioned lands.
No activity or business or any act shall be done upon the property covered by the restrictions which may be or may become an annoyance or nuisance to the neighborhood.
13 GARBAGE CONTAINERS.
All garbage or trash containers, oil tanks or bottled gas tanks must be underground or placed in walled-in areas so that they shall not be visible from the adjoining properties.
14 CLOTHES DRYING AREA.
No outdoor clothes drying shall be allowed except on the side yard of the lot and in that case shall be shielded from view through the use of shrubbery.
15 SIGNS AND DISPLAYS.
No signs shall be erected or displayed on this property or on any structure, except that the Grantor may allow a sign to be erected at the discretion, if the placement or character, form and size of such sign shall be first approved in writing by the Grantor. This provision shall not apply to "For Sale" or "For Rent" signs which may be displayed. There shall not be, however, more than one "For Sale" sign on any property under contiguous ownership, and no "For Sale" or "For Rent" sign shall be in excess of 6" x 8" in size.
There are hereby expressly reserved unto the Grantor easements of six feet in width along the side lines of the above-mentioned lots for the purposes of underground and overhead utilities, surface drainage, and for any purpose having to do with development of this property including improvements that the Grantor may not have the obligation to install. In the case of non-water front lots an easement identical to that one aforestated is reserved along the rear lot lines in addition to the easement as aforestated reserved along the side lot lines. Where more than one of the above described lots are intended by the Grantor as a building site or where more than one lot is actually used as a building site, the outside boundaries of said building site shall carry the said easement and the said easement shall in such cases be abandoned on the interior lot lines. The Grantor may abandon any of these easements at any time in the future by recording an appropriate instrument.
The Grantor hereby refuses the right to dedicate the roads, streets, and avenues, and necessary easements abutting the aforedescribed lands to public use without consent of the grantees.
The above-described building(s) and other structures when completed hall be maintained in a like-new condition and shall be kept freshly painted including side-walls and roofs. The color of paint shall not be changed without the written consent of the Grantor.
No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the premises on the aforedescribed land, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon; and, in addition all the landscaping including the grass shall be kept as befitting a high-quality lawn and any plants, grass, shrubs, etc. that might die or become other than luxuriant and well formed shall be promptly replaced and should the Grantee fail to keep premises in the aforedescribed condition then the Grantor may enter upon the land and repair, replace, install or maintain the offending portion and such entry shall not be deemed a trespass and a lien shall arise in favor of the Grantor to the extent of the expenses to accomplish the aforestated.
18 NO TEMPORARY BUILDING.
No tents and no temporary or accessory building or structure shall be erected without the written consent of the Grantor.
19 WAIVER OF RESTRICTIONS.
The failure of the Grantor to enforce any building restrictions, covenant, condition, obligation, right of power herein contained, however long continued shall in no event be deemed a waiver of the right to enforce thereafter these right as to same violation or as to a breach or violation occurring prior to subsequent thereto.
The applicant, purchaser, optionee, lessee, or grantee, whichever the case may be, does hereby subscribe for the use of the sewage system which may be installed for the benefit of the aforedescribed lands and does hereby covenant and agree to pay unto a governmental authority of such company or persons as the Grantor may direct a reasonable initial service availability charge and fee for each lot being purchased or leased by the applicant, purchaser, optionee, lessee or grantee, whichever the case by be, promptly upon the posting of a performance or completion bond with the proper and applicable governmental authorities for the installation of sewage system of upon the issuance of appropriate governmental resolution, or upon the completion or the installation of the sewage system. It is further covenanted that the aforesaid obligation for the payment or the initial availability charge and fee shall be secured by and constitute a lien against the lot or lots being purchase or leased by the applicant, purchaser, optionee, lessee or grantee, until the same shall be paid as herein provided. This lien shall be enforceable in the manner provide by the laws of the State of Florida. Upon the payment of the above service availability charge, the applicant, purchaser optionee, lessee or grantee, or his assigns or successors in title shall be vested with the right to use the said sewage system subject of the payment of the rates as approved by the utilities operating company or the applicable governmental authority. In the event that the sewerage system ties into the City of Punta Gorda, Florida, sewerage collection system, the applicant, purchaser, optionee, lessee, or grantee agrees to pay a periodic sewage charge as may be sent by the City Government. In the aforesaid event, City charge shall commence when the applicant, purchaser, optionee, lessee or grantee, connects on to the Punta Gorda Isles sewage system or upon the completion of the building(s) on the subject lands whichever occurs first. The aforesaid charge may be changed or altered from time-to-time by appropriate action of the City of Punta Gorda, Florida. The aforesaid restriction and covenant shall be a covenant running with the land.
21 RIGHT OF GRANTOR.
The Grantor reserves the right to itself, its agents, employees or any contractor or subcontractor dealing with the Grantor, to enter upon the land covered by these restrictions, for the purpose of carrying out and completing the development of the property covered by these restrictions, including but not limited to completing any dredging, filling, grading, or installation of drainage, water liens or sewer lines. These reserved right in the Grantor shall also apply to any additional improvements which the grantor also apply to any additional improvements which the Grantor has the right but not the duty to instead, including but not limited to any streets sidewalks, curbs gutter, beautifications or any other improvements. In this respect the Grantor agrees to restore e said property to its condition at the time of said entry and shall have no further obligation to the applicant, purchaser, optionee, lessee or grantee in connection there with. The work performed under the above provisions shall in no way constitute a lien or personal liability on the applicant, purchaser, optionee, lessee, or grantee, whichever the case may be.
22 REMEDIES FOR VIOLATIONS.
Violations or breach of any condition, restriction or covenant herein contained by any person or concern claiming under the Grantor, or by virtue of any judicial proceeding shall give the Grantor, in addition to all remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, restrictions or covenants and to prevent the violation of breach of any of them. In addition to the foregoing, the Grantor shall have the right, wherever there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon the property where such violations of these restrictions exists and summarily abate or remove the same at the expense of the applicant, purchaser, optionee, lessee or grantee, and such entry and abatement or removal shall not be deemed a trespass.
23 ADDITIONAL RESTRICTIONS AND AMENDMENTS.
The Grantor or its successor reserves the right to hereafter, from time to time, amend, modify, add to or delete from any part or all of the foregoing restrictions without notice to or consent from the grantee on any lands owned by the Grantor.
The applicant, purchaser, optionee, lessee, or grantee, or his assigns or successors in title whichever the case may be agrees and covenants that this property may hereinafter be taken into the City of Punta Gorda, Florida, as a part thereof.
25 INVALIDITY CLAUSE.
Invalidity of any of these covenants by a court of competent jurisdiction shall in no way affect any of the other covenants which shall remain in full force and effect.
Recorded in O R Book Pages 69-76 Recorded in OR Book 596
Public Records of Charlotte County, Florida Book 608 thru 610 inclusive of
Charlotte County, Florida
Store Isles Association, Inc.