Article III
Architectural Control

Crystal Creek, Pensacola, Florida

OR BK 4833 PG 0443

ESCAMBIA COUNTY, Florida

Instrument 2002-919724

Notwithstanding the rights of Owners to vote, the Declarant and Declarant’s successors and assigns shall have the absolute right to annex additional property as is more fully described in Article VIII, herein below.  

A. Land Use and Building Type

Each individual lot shall be used and occupied for residential purposes only.  Only one single family residence shall be constructed on any one lot.  No residence shall be permitted upon any homesite in the subdivision which does not have a ground floor area for the main structure, excluding a private garage for at least two cars, unheated and uncooled utility area and storage area, of 1,500 square feet.  In the case of a two (2) story residence, the heated and cooled living area on the ground floor must be at least 800 square feet. 

B. Nuisances

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done on it that may become an annoyance or nuisance to the neighborhood.

C. Fences

All fences shall be privacy fences and shall be constructed of pressure treated wood material, shall have the finished side of the fence facing outward and the structural members facing inward towards the owner’s property and shall be six (6) feet in height.  No fences may be constructed and no hedge planted nearer to the front lot line than half way between the front and rear of the residential structure.  Any fences on the corner lots shall be subject to the prior approval of the Architectural Review Board.

D. Animals and Livestock

No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept; provided, however, that they are not kept, bred or maintained for any commercial purpose, and that they are not kept in such numbers as to be an annoyance or nuisance to other owners in the Subdivision, and that they are not permitted to run at large and shall be under positive control at all times.

E. Garbage and Refuse Disposal

No lot shall be used or maintained as a duping ground for rubbish, trash, garbage or other waste.

F. Signs

No signs shall be placed on the common area other than one sign identifying the subdivision and signs of the Declarant advertising lots for sale.  No sign of any kind shall be displayed to the public view on any lot except one sign of reasonable size and not exceeding 2’x4’ advertising the property for sale or rent or used by a builder to advertise the property during the construction and sales period.  No signs advertising houses, other than model houses shall be displayed.  No streamers, business or other types of sales items should be used.  The foregoing restriction shall not preclude the erection of larger signs by Declarant during the time of its development and marketing of lots in the subdivision.

G. Easements

Easements for installations and maintenance of utilities are reserved where necessary for such installation and maintenance.

H. Oil, Gas, and Minerals

No exploration or drilling for oil, gas or other minerals, and no oil refineries of any kind shall be permitted or allowed on any lot in the Subdivision.

 

I. Laws

  1. All federal laws, laws of the State of Florida, laws of Escambia County and any related rules and regulations of their respective administrative agencies now and hereafter in effect with regard to sewerage disposal, water supply, sanitation and land use are incorporated herein and made a part hereof.

J. Public Health and Sanitation

In the interest of public health and sanitation and in order that the property described above and all other land in the same locality may be benefitted by a decrease in hazards of pollution and for protection of water supplies, recreation, wildlife and other public uses of storm drainage facilities, no owner or occupant of any lot in the Subdivision shall use such lot for any purpose that would result, directly or indirectly, in the draining or dumping into any drainage system, any refuse, sewerage, or other materials which might tend to pollute said water.

K. Landscaping

All lots in the said Subdivision shall have the front yards and side yards completely sodded to the ribbon curb.  All corner lots should have the front and side yards completely sodded to the ribbon curb.  All garbage containers shall be placed in a nonvisible area at all times, except when being serviced for pickup.

L. Garages, Storage, and Motor Vehicles

Every residential structure constructed shall contain, at a minimum, a double garage. In addition, each residential structure shall contain adequate provisions for the parking and/or storing of automobiles, boats, trailers, campers, motorcycles, motorbikes and all other like vehicles and equipment.  Trailers, mobile homes, campers, motorbikes, motorcycles, motor scooters, boats, boat trailers, house trailers, tractors or commercial vehicles of any kind, or any other vehicles, if stored on a lot, shall be kept in a closed garage or behind a fence so as not be observable from the street.

M. Excavation, Elevation, and Drainage

No excavations, except as is necessary for the construction of improvements, shall be permitted, nor shall any hole of any kind be dug, except wells for lawn irrigation purposes.  No elevation or topography changes shall be permitted on any lot which materially affect the surface grade or drainage on said lot or any adjoining lot or property.

N. Maintenance and Repair

It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly, or unkept condition of the building or grounds on such lot which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.  All lots and buildings shall be maintained in a neat, clean, and well kept condition. IN the even t of an owner’s failure to properly maintain or repair in accordance with the requirements of this section, following written notice thereof from the Association to such owner of its intention, the Association shall be authorized to enter upon the property to accomplish such maintenance or repair, the expense of which shall be recoverable by the Association by special assessment or other legal means. 

O. Utilities

All electrical service, telephone lines, television cables and similar items shall be placed underground and no exposed or exterior radio or television transmission or receiving antenna shall be s.  erected, placed or maintained on the property which are visible from the road.

P. Clotheslines, etc

No clotheslines or drying yard shall be located upon any lot. 

Q. Mailboxes

Mailboxes shall be designed in a manner keeping with the design of the house, and shall be subject to approval by the Architectural Review Board as defined in Article IV, below. 

R. Sheds and Playgrounds

Any sheds, outbuildings, playground equipment and any other ancillary structures shall be located where they shall not be visible from any street.

S. Pools and Play Facilities

All recreational facilities constructed or erected on a Lot, including, without limitation, swimming pools and any other play or recreation structures of a similar kind or nature must be adequately walled, fenced, or landscaped. Above ground pools are prohibited.

***  OR BK 5626 PG 1508

ARTICLE IV
ARCHITECTURAL REVIEW BOARD

No residential structure, fence, wall, landscaping, driveway, sidewalk or other structure or improvement of any nature whatsoever shall be commenced, placed or altered on any Lot in the Subdivision until the design, location, plans, specifications, and plotplan showing the location of such building has been approved in writing as to the quality of workmanship and materials, harmony of exterior design with the requirements of these restrictions, and with the existing structures and locations with respect to topography and finished grade by a majority vote of the Architectural Review Board (ARB) comprised of Gary Tippens and Charles Heaton, or their successors and assigns.

Should either Gary Tippens or Charles Heaton die, resign or otherwise become unable to serve as a member of the ARB, for any reason whatsoever, the remaining member(s) shall appoint a successor member to the ARB.  The members of the ARB shall not receive any compensation for services rendered and performed pursuant to this covenant. The ARB shall have the right to designate an Architect who shall act as Architectural Review Representative (ARR) to perform the discretionary services of the ARB. The ARR shall be entitled to a fee for his or her professional services with such fee to be the responsibility of the Owner seeking approval for his or her plans.

The ARR shall have the absolute right and discretion to determine. in his professional judgment. whether the plans meet the covenants contained herein and the Architectural Guidelines. If said design, location, plans, specifications, and plot plan have not been approved or disapproved within thirty (30) days after they have been submitted in writing, or in the event, no action to enjoin the construction has been commenced prior to its completion, approval will not be required, and the related covenants shall be deemed to have been complied with fully.

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