trailer estates

Deed Restrictions

 

AMENDED AND RESTATED DEED RESTRICTIONS FOR

TRAILER ESTATES SUBDIVISIONS

As per plat thereof recorded in

Plat Book 8, page 138,

of the Public Record of Manatee County, Florida

(Recording information is available in Trailer Estates Office for the various additions)

THESE AMENDED DEED RESTRICTIONS for Trailer Estates Subdivision, as per plat thereof recorded in Plat Book 8, page 138, of the Public Records of Manatee County, Florida, are hereby recorded pursuant to the amendment provisions contained in “Deed Restrictions for TRAILER ESTATES SUBDIVISION” recorded in Deed Book 329, page 63, of the Public Records of Manatee County, Florida.

          WITNESS THAT:

          WHEREAS, THE Deed Restrictions for TRAILER ESTATES SUBDIVISION, were recorded at Deed Book 329, page 63, of the Public Records of Manatee County, Florida and

           WHEREAS, said Deed Restrictions were to run with the lands described in the subdivision plat hereinabove referred to until January 1, 2000, at which time said covenants were to be automatically extended for successive periods of ten (10) years unless, by virtue of a vote of a majority of the then-owners of the lots, the covenants were changed, in whole or in part, or terminated, and

           WHEREAS, by a majority vote of the owners of the lots, as well as a vote of the owners of a majority of the lots, a change in said covenants has been approved, which changes are hereinafter set forth in the form of a Restatement of the said Deed Restrictions, and

            WHEREAS, the lands encumbered by these restrictions, together with the lands within additional plats with similar restrictions, constitute an area within Manatee County, Florida, known as “Trailer Estates”.  Said area has been, pursuant to the laws of the State of Florida, designated a Special Taxing District known as Trailer Estates Park and Recreation District.  The Trailer Estates Park and Recreation District (the “District”) is governed by an elected Board of Trustees.  The District is, further, the owner of certain lands within the District including a recreation hall, swimming pool, shuffleboard area, storage yards and other areas held for the use of owners and/or residents of lands in the District, and is the successor of Gulf Development Corporation of its rights, duties and obligations under the Deed Restrictions.

            NOW, THEREFORE, the undersigned, TRAILER ESTATES PARK AND RECREATION DISTRICT, the successor to the rights of GULF DEVELOPMENT CORPORATION under the aforementioned Deed Restrictions does hereby execute and record the following Amended and Restated Deed Restrictions encumbering all of the lots, blocks, and other parcels of land included in the plat of TRAILER ESTATES SUBDIVISION, as per plat thereof recorded in Plat Book 8, page 138, of the Public Records of Manatee County, Florida, effective commencing January 1, 2000.

  1. No building exterior, fence, exterior wall or other structure, and no addition to or alteration or change to the exterior of any existing building, fence, exterior wall or structure shall be commenced, erected or maintained on any lot, block or parcel within the subdivision until the plans and specifications showing the nature, kind, shape, height, materials, color and location of such building, fence, wall or structure shall have been submitted to and approved in writing by an Architectural Review Committee (ARC) appointed by the Board of Trustees of the Trailer Estates Park and Recreation District. Failure of the ARC to approve or disapprove such nature, kind, shape, height, materials, color, and location within thirty (30) days after the plans and specifications have been submitted shall be deemed to be an approval of the plans and specifications as submitted.  Any construction improvements on any lot, block or parcel without approval by the ARC shall be deemed a violation of these restrictions, and shall entitle the Board of Trustees of the District or any other person benefited by the adoption of these restrictions to bring an action for injunctive relief or for damages.

      Without prejudice to the right of the ARC to review and evaluate other matters appearing on the plans and specifications, no approval by the ARC shall be given to plans and specifications which do not require that (1) all mobile homes be skirted, (2) that all new or remodeled homes shall have adequate parking space within the lot lines for one vehicle (20-feet minimum), (3) that air conditioning units on new homes be located at the rear of the mobile home, (4) that any replacement mobile home moved onto a lot be a new (not used) home, and (5) that not more than one mobile home shall be placed on a single lot.  The term “mobile home” shall include two or more units designed by the manufacturer thereof to be joined together to form a single unit. 

  1.  No improvement or portion thereof shall be placed on any lot, block or parcel unless same shall meet the following minimum set-back requirements:

                        (Copies of specific set-back requirements are available in the Trailer Estates office.)

  1.  The use of any and all lots, blocks or parcels SAVE AND EXCEPT those owned by Trailer Estates Park and Recreation District, its successors or assigns, shall be limited to single-family residential use.
  1.  No signs or advertisements shall be displayed on any lot, block or parcel, or on any right-of-way SAVE AND EXCEPT one sign of reasonable size, offering the property for sale, may be placed on or in the window of any mobile home thereon, or on any vacant lot, block or parcel.
  1.  There shall be no well or septic tank constructed on any lot, block or parcel without the express written consent of the Board of Trustees of the District.
  1.  No boat, boat trailer, travel trailer, motor home or similar property shall be stored on or about any lot, block or parcel unless in an enclosed structure or completely underneath a carport structure, SAVE AND EXCEPT upon a parcel designated for storage of such property by the Board of Trustees of the District.
  1.  The Board of Trustees of the District shall have the right, through its agents or employees, to enter upon all lots, blocks or parcels to care for same, to cut grass, to remove rubbish, and to keep such lots, blocks or parcels from creating an unsightly appearance, and the further right to charge the owner of said lot(s), block(s), or parcel(s) for the actual cost for alleviating such unsightly appearance plus a twenty-five (25%) percent administrative cost.  Any such charge shall constitute a lien upon the property so improved, and shall be enforceable in like manner as provided under the Mechanic’s Lien Law of the State of Florida.  The prevailing party in any action to foreclose the lien or to recover such cost, at law or in equity, shall have the right to recover all reasonable costs incurred therein, including reasonable attorney’s fees.
  1.  All laundry to be dried must be hung in an area designated by the Board of Trustees of the District or upon a folding rack placed on the rear of the lot, block or parcel of the owner of the laundry.
  1.  No television or radio antennae or tower may be erected on any lot, block or parcel [except Blocks A, B and C as shown on the plat of TRAILER ESTATES SUBDIVISION, Plat Book 8, page 138, of the Public Records of Manatee County, Florida, or on any lot, block, or parcel hereinafter designated by the Board of Trustees of the District.]  In the event this provision is deemed inapplicable to any particular type of television or radio antennae by any court of competent jurisdiction, this provision shall continue in effect as to any and all other types of television or radio antennae.  Further, any radio or television antennae or tower permitted by law or court decision shall be subject to reasonable rules and regulations established by the Board of Trustees.
  1. No livestock, chickens, farm animals, dogs, cats, birds or other animal or pet shall be permitted on any lot, block or parcel of the subdivision [SAVE AND EXCEPT that household pets consisting of not more than two dogs, or two cats, or two caged birds, or any number of fish shall be permitted within Blocks 21, 22 and 23, TRAILER ESTATES SUBDIVISION, Plat Book 8, page 138, of the Public Records of Manatee County, Florida.]
  1. TrailerEstates Park and Recreation District is a community intended and operated as “housing for older persons” within the meaning of the Fair Housing Amendments Act of 1988, 42 U.S.C. Sections 3601, et seq.  Occupancy of dwelling units on lots in Trailer Estates Subdivision or in any of it Platted Additions or in American Park Subdivision or on any of the parcels within the lands described in the subdivision plat described in the preamble hereto, shall not be permitted unless at least one person in such dwelling unit shall be fifty-five (55) years of age or older, provided, however, all other occupants (excluding “guests” as defined below) of the dwelling unit must be at least forty-five years of age.  In the event that all of the occupants of a dwelling unit who are fifty-five (55) years of age or older shall die or otherwise discontinue occupancy of the dwelling unit, then the Board of Trustees of Trailer Estates Park and Recreation District is hereby granted and otherwise reserves the right to terminate the occupancy of the dwelling unit by all persons under fifty-five (55) years of age, if continued occupancy would result in less the eighty (80%) percent of the dwelling units in the community being occupied by at least one person fifty-five (55) years of age or older.  Reasonable exceptions to the foregoing restrictions shall be permitted to allow occupancy of a dwelling unit by a caregiver engaged to provided care for a lot or parcel owner who is otherwise unable to maintain occupancy of the dwelling unit for health reasons.  A “guest” of a lot or parcel owner, without restriction due to age shall be permitted to stay in a lot or parcel owner’s dwelling unit provided such stay does not exceed a total of thirty (30) days in any year.
  1. In order to maintain a community of congenial residents who are agreeable to abide by the “housing for older persons” restrictions contained in the Deed Restrictions and provisions of the Charter of Trailer Estates Park and Recreation District (hereinafter collectively “Restrictions”), the transfer of lots or parcels by any owner shall be subject to the conditions hereinafter set forth as long as said Restrictions shall remain in force and effect: It shall be necessary for the Board of Trustees of the Trailer Estates Park and Recreation District, or its duly authorized officers, agents or committee, to approve in writing all sales, transfer of title, leases or subleases of a lot or parcel, or occupation of a dwelling unit on a lot or parcel, before such sale, transfer, lease, sublease or occupation shall be valid and effective.  Written application for such approval shall contain such information as may be reasonably required by application forms promulgated by the board of Trustees and shall be accompanied by a transfer fee as required by resolution of the Board, provided, however, such fee shall not exceed Fifty ($50.00) Dollars.
  1. In the event of any violation of any of the covenants herein, the Board of Trustees or any owner of any lot, block or parcel in Trailer Estates Park and Recreation District may bring action at law or in equity, either for injunctions, action for damages or other such remedy as may be available and recover all costs and reasonable attorney’s fees in addition to other appropriate relief should the trustees or any owner be the prevailing party in any litigation, and in any appellate proceedings, involving the enforcement of this act and/or the deed restrictions as filed in the Manatee County public records.
  1. The failure of any land owner or the Board of Trustees to enforce any restrictions, conditions, covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto, nor shall such failure give rise to any claim or cause of action against the Board of Trustees or such land owner.
  1. The covenants herein contained, shall run with the land and, shall bind all persons in interest, all owners of lots, blocks or parcels and their heirs, legal representatives, successors and assigns PROVIDED, these covenants may be terminated or modified at any time by mutual agreement between the Board of Trustees of the District (or their successors or assigns) and the owners of a majority in number of lots in the subdivision. Such amendments, changes or termination shall be evidenced by the recording of an instrument executed by the Board of Trustees of the District, reciting that, in a vote of the lot-owners of a majority of the lots, a majority voted in favor of the termination, changes or amendments contained in the instrument.
  1. In any election for amendment or termination of these Deed Restrictions, execution by owners of a majority of the lots of a written consent to the amendment or termination in question over a period of ninety (90) days shall constitute a majority vote in favor of such termination or amendment.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

 

EXHIBIT “A”

 

SETBACKS

 

(ORIGINAL SUBDIVISION)

When viewed from the street.

Two feet eight inches (2’ 8”) from the right property line.

Four feet (4’) from the left property line.

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.

    PROVIDED, where a property owner owns more than one contiguous lot, block or parcel and intends to place a single mobile home dwelling unit thereon, the minimum set-back shall be four feet (4’) from each of the left and right and five feet (5’) from each of the front and rear perimeter lines of such combined parcel of land.

    FURTHER PROVIDED these set-back provisions shall NOT apply to lots in or portions of Blocks A, B AND C of the Subdivision.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(FIRST ADDITION)

Four feet (4’) from the right property line.

Four feet (4’) from the left property line.

Five feet (5’) from the rear lot line.

Five feet (5’) from the from lot line.

No Sea wall, wharf, landing, boathouse, or other structure extending into or over Sarasota Bay, any canal, or other water located in said subdivision shall be constructed without prior written permission of the Board of Trustees of their designee.  AND

No waterfront property or extension thereof shall be filled, or the contours thereof changed, nor shall the depth of any canal, or other water way be changed without the prior written consent of the Board of Trustees.  AND

No yacht, boat, house boat, or other vessel shall be moored or anchored in any canal of said subdivision with out the prior written permission of the Board of Trustees.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(SECOND ADDITION)

When viewed from the street.

Two feet eight inch (2’ 8”) from the right property line.

Four feet (4’) from the left property line.

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.

PROVIDED, where a property owner owns more than one contiguous lot, block or parcel and intends to place a single mobile home dwelling unit thereon, the minimum set-back shall be four feet (4’) from each of the left and right and five feet (5’) from each of the front and rear perimeter lines of such combined parcel of land.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(THIRD ADDITION)

Five feet (5’) from the right property line.

Five feet (5’) from the left property line. 

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.

No Sea wall, wharf, landing, boathouse, or other structure extending into or over Sarasota Bay, any canal, or other water located in said subdivision shall be constructed without prior written permission of the Board of Trustees of their designee.  AND

No waterfront property or extension thereof shall be filled, or the contours thereof changed, nor shall the depth of any canal, or other water way be changed without the prior written consent of the Board of Trustees.  AND

No yacht, boat, house boat, or other vessel shall be moored or anchored in any canal of said subdivision with out the prior written permission of the Board of Trustees.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(FOURTH ADDITION)

Five feet (5’) from the right property line.

Five feet (5’) from the left property line. 

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.

No Sea wall, wharf, landing, boathouse, or other structure extending into or over Sarasota Bay, any canal, or other water located in said subdivision shall be constructed without prior written permission of the Board of Trustees of their designee.  AND

No waterfront property or extension thereof shall be filled, or the contours thereof changed, nor shall the depth of any canal, or other water way be changed without the prior written consent of the Board of Trustees.  AND

No yacht, boat, house boat, or other vessel shall be moored or anchored in any canal of said subdivision with out the prior written permission of the Board of Trustees.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(FIFTH ADDITION)

Five feet (5’) from the right property line.

Five feet (5’) from the left property line. 

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(SIXTH ADDITION- AMERICAN PARK )

Five feet (5’) from the right property line.

Five feet (5’) from the left property line. 

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.

 

TRAILER ESTATES PARK & RECREATION DISTRICT

EXHIBIT “A”

 

SETBACKS

 

(SEVENTH ADDITION – 3 HOMES ON AMERICAN WAY)

Five feet (5’) from the right property line.

Five feet (5’) from the left property line. 

Five feet (5’) from the rear lot line.

Five feet (5’) from the front lot line.