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HomeMy WebLinkAbout0926 L' wells for water service and septic tanks for sewage disposal, "GENERAL" and alt persons claiming by, through, and under "GENERAL" as owners of lots within the subdivision shall, within not more than sixty (60) days after the water distribution mains and/or sewage coAection lines become available to serve the subject premises, be required to connect to and make use of the water and/or sewer services furnished by "UTILITIES", and shall pay to "UTILITIES" in addition to the prescribed connection charges and monthly service charges then in eff~ct e~nder the rules, regulations and rate schedules of "UTILITIES", reasonable pro-rata line costs as established by an appraisal made by a licensed engineering firm approved by the St. Lucie County Health Department and doing business in St. Lucie County. Provided, however, that as to any tot in the subdivision which has been purchased from "GENERAL" pursuant to a contract which specificaUy included a provision that the stated purchase price includes the installation of a water and/or sewer main to serve said lot, no prarata line costs for such main line or Iines shall be assessed against said 1ot. (b). No individual water wells, septic tanks or other individual sewage disposal facility shalt be permitted on any lot within the subdevision from and after such time when service or services are made available by "UTILITIES". This provision, however, shall not b~ c~onstrued to prohibit private water welis for irrigation, swimming pools or air conditioning. (c). The extension of water and/or sewer lines by "UTILITIES" into the subdivision shall, as to each lot in the subdivision and to the extent of the reasonable pro-rata line costs refened to above, constitute and be deemed an improvement to each such lot. ln the event that "GENERAL" or owners of lots in the subdivision claiming by, through or under "GENERAL", fail or refuse to connect to and utilize the water and/or sewer systems of "iJTILITIES" when same become available and make payment of the costs and/or charges as prescribed above, "LTTILITIES" may enforce the obligation to connect and to make such payment, together with all costs of enforcement and collection, including a reasonable attorney's fee. "UTILITIES" shatl, in addition to other ~ remedies available to it as prescribed by Florida law, be entitled to have and enforce I ; a mechanic's lien and give notice thereof among the Public Records of St. Lucie County. , ~ 13. Term E / ~ t i These covenants and restrictions are to run with the land and shall be binding upon ~ ~ all parties and aIl persons claiming under them until thirty (30) years from the date f ; of recording has elapsed, at which time said covenants and restrictions shall automatically € be extended for successive periods of ten (10) years; provided, however, that ~ notwithstanding the foregoing date reference contained in this paragraph, said covenants and restrictions, except paragraph 11 hereof, may be altered, amended or rescinded ~ ; in whole or in part at any time by the then fee owner or fee owners appearing of ' record of a majority of the lots affected by the respective provisions of these restrictians. ~ € ~ 14. Violation or Breach F ~ ~ In the event of a violation or breach of any of these restrictions by any person or ; eoncern claiming by, through or under "GENERAL", its successors, or assigns, ; f ~ i ~ 4 BOQK ~.Vt) ~'J~t ~ ~ ~ - 7 - zti~ ~ ~ ~ ~ a ~"~.3~ ~7 ~ - - - - ~~~-~~r-.~~?~3