Post by Admin on Jan 2, 2014 10:45:15 GMT -5
I have highlighted the "interesting" changes made in this Amendment. This documents is something else; see the thread on "Comparison of the Amendment and the Covenants" for a complete discussion.
AMENDED
COVENANTS AND RESTRICTIONS
OF
S-bag LAKE OWNERS ASSOCIATION, INC.
BACKGROUND
A development corporation known as S-bag Lake Resorts,
Inc., developed certain property in Polk County, Florida, and the
Development became known as “S-bag Lake”. This property is
more particularly described as follows:
Lots 1 through 324, of S-bag LAKE, Unit I, accord-
ing to the plat thereof recorded in Plat Book 56, Page
3 through 4, public records of Polk County, Florida
AND
All the lots of S-bag LAKE, Unit II, according to
the plat thereof recorded in Plat Book 61, Page 18
through 20, public records of Polk County, Florida,
AND
All the lots of S-bag LAKE, Unit III, according to
the plat thereof recorded in Plat Book 64, Page 4,
public records of Polk County, Florida.
This development corporation recorded certain Covenants and Re-
strictions binding upon the lot owners of any of the above-described
property. The original Covenants and Restrictions were recorded
as follows:
Unit I, Plat Book 56, Page 3 & 4.
Unit II, Plat Book 61, Page 18-20.
Unit III, Plat Book 64, Page 4.
The original Covenant and Restrictions contained a provision
whereby the terms of the Covenants and Restrictions could be re-
leased with the written consent of the owners of not less than
PAGE 1
three-fourths (3/4) in number of the lots shown in the above-
described plats. Pursuant to this authority, the owners of said
lots have conducted an election requiring written ballots and have
released certain of the original Covenants and Restrictions and
have amended certain of the remainder Covenants and Restrictions so
that the Covenants and Restrictions placed upon the above-described
lots now read as follows:
COVENANTS AND RESTRICTIONS
EACH LOT CONTAINED IN S-bag LAKE, UNIT I, AS RECORDED IN
PLAT BOOK 56, PAGE 3 THROUGH 4, PUBLIC RECORDS OF POLK COUNTY,
FLORIDA, AND EACH LOT CONTAINED IN S-bag LAKE, UNIT II, AS
RECORDED IN PLAT BOOK 61, PAGE 18 THROUGH 20, PUBLIC RECORDS OF
POLK COUNTY, FLORIDA, AND EACH LOT CONTAINED, IN S-bag LAKE,
UNIT III, AS RECORDED IN PLAT BOOK 64, PAGE 4, PUBLIC RECORDS OF
POLK COUNTY, FLORIDA, SH all BE SUBJECT TO THE FOLLOWING COVENANTS
AND RESTRICTIONS:
1. Said lot sH all be used exclusively as a recreational
vehicle site.*
2. All recreational vehicle sites sH all be reserved and
restricted for recreational vehicles. For the purpose of this
Covenant and Restriction, a recreational vehicle is defined in the
Rules and Regulations as amended from time to time. Mobile homes
sH all be excluded from this definition and are therefore excluded
*(The words “Lot” and “Site” are synonymous and are interchangeable)
PAGE 2
from use of the sites.
3. One (1) recreational vehicle sH all be located and main-
tained on each site, except for sites classified as Duplex, Unit II
Plat Book 61, Pages 18-20. Duplex sites have two (2) sec-
tions and one (1) recreational vehicle may be located on each sec-
tion. All recreational vehicles, all permanent exterior improve-
ments to the recreational vehicle and permanent improvements to the
property, sH all be approved by the Association.
4. No animals, birds or fowl sH all be kept or maintained on
any site except for dogs, cats and pet birds, which may be kept
thereon in reasonable numbers as pets for the pleasure and use of
the occupants but not for any commercial use of purpose. All pets
must be kept under control at all times, and must not become a
nuisance by barking or other acts.
5. No hedges in excess of twenty-four (24) inches in height
and no fences, walls, mailboxes, clotheslines, freestanding radio
or television antennas sH all be permitted on any site. Only Assoc-
iation-approved improvements and equipment will be allowed on each
site.
6. No sign of any character sH all be displayed or placed
upon any site except a sign bearing the name of the owners, not to
exceed five (5) inches by twenty (20) inches. No sign sH all be
attached to trees in any location in S-bag Lake.
7. An easement of five (5) feet in width is reserved along
each of the lot lines of each site (front, back and sides) for the
installation and maintenance of utility services, and it is under-
PAGE 3
stood that such easement may be used by the Association for such
installation and maintenance. An easement of twenty (20) feet in
width is reserved along the back lot line of the following lots:
Block 51, Lots 11 and 12 of Unit 2
Block 49, Lots 1 of Unit 2
Block 48, Lots 10-13 of Unit 2
Block 45, Lots 1-4 of Unit 2
Block 44, Lots 1-9 of Unit 2
8. The Association has installed and sH all maintain adequate
sanitary facilities as provided by the laws of the State of Flori-
da. Each user of such facilities agrees to protect same and pre-
vent loss of damage to occur thereto. No outside or portable
toilets sH all be installed or allowed on any site.
9. No nuisance sH all be allowed upon the property nor any
use of practice which is a source of annoyance to residents, or
which interferes with the peaceful possession and proper use of the
property by its residents. All parts of the property sH all be kept
in a clean and sanitary condition and no rubbish, refuse or gar-
bage sH all be allowed accumulate, or any fire hazard allowed to
exist.
10. No commercial activity of any kind sH all be conducted on
any site except as provided in the Regulations, and those areas
designated by the Association for commercial use.
11. The site owners sH all not permit or suffer anything to
be done or kept on his site which will increase the rate of insur-
ance on common property or which will obstruct or interfere
with the rights of other site owners, or annoy them by unreasonable
PAGE 4
noises, or otherwise nor sH all the site owner commit or permit any
nuisance, immoral or illegal act in or about the common property.
12. Each site owner sH all be considered a member of Saddle-
Bag Lake Owners Association, Inc., (hereafter referred to as the
Association). The Association owns the following common property
and facilities located within S-bag Lake: The streets, fences,
greenways, parks, beaches, that portion of S-bag Lake included
in the plat of the property, the lagoon, canals, bulkheads,
bridges, culverts, water and waste treatment plants, on site and
distribution systems, street lighting system, street and other
signs, recreation center, comfort stations, laundry facilities,
entrance gate and landscaping, pools, boat docks, trading
post, post office, transfer station, greenhouse, storage area and
such other common buildings and facilities as may be acquired by
the Association in the future. The Association sH all levy and
collect a reasonable monthly assessment against site owners suffic-
ient to cover each lot owner’s proportionate share of actual cost
of operating and maintaining all these said activities and for
providing water, electricity and garbage disposal services, sewage
service, general maintenance and carrying out of its managerial
duties hereunder. Likewise, the Association sH all include in the
assessments so made a sum adequate to pay all real property and
other taxes on said facilities. The collection of these sums sH all
be provided for in an adequate manner to assure the maintenance
necessary. The assessments for expenses sH all be levied in accor-
PAGE 5
dance with the by-laws of the Association.
13. The Rules and Regulations are captioned “Rules and Regu-
lations” and are set forth in the by-laws of the Association. The
Association sH all have the authority to promulgate regulations
which govern the use of any lot or common property or facility
within S-bag Lake. No person sH all use any property or facili-
ty in any manner contrary to the regulations promulgated by the
Association.
14. These Covenants and Restrictions may be amended or
released provided said amendment or release is approved by written
ballot by the owners of not less than three-fourths (3/4) in number
of the lots shown on the above-described plats.
15. These restrictions sH all be considered as covenants
running with the land, and sH all bind the purchasers of all sites
shown on the plat hereinbefore referred to, their heirs, executors,
administrators, successors and assigns, and if said owners or any
of them, their heirs, executors, administrators, successors or
assigns sH all violate or attempt to violate any of the covenants or
restrictions herein contained, it sH all be lawful for the Associa-
tion, or any person or persons owning any sites in S-bag Lake
to prosecute any proceeding at law or in equity against the person
or persons violating or attempting to violate any such Covenant or
restriction and either to prevent him or them from doing so or to
recover damages for such violation including costs of the suit and
a reasonable attorney’s fee. Any invalidation of any of these
PAGE 6
Covenants and Restrictions sH all in no way affect any other of the
Provisions thereof which sH all thereafter remain in full force and
effect.
CERTIFICATION OF ADOPTION
The undersigned, being under oath, do hereby swear and affirm
and certify that the above-described Covenants and Restrictions
were adopted by the owners of not less than three-fourth (3/4) of
the lots in each of the plats and that said Covenants and Restric-
tions became effective on November 1, 1986 as to all units.
AS TO UNIT I
__________________________
__________________________
AS TO UNIT II
__________________________
__________________________
AS TO UNIT III
__________________________
__________________________
Corporate Seal Affixed
Notary Public Polk County, Florida
PAGE 7
AMENDED
COVENANTS AND RESTRICTIONS
OF
S-bag LAKE OWNERS ASSOCIATION, INC.
BACKGROUND
A development corporation known as S-bag Lake Resorts,
Inc., developed certain property in Polk County, Florida, and the
Development became known as “S-bag Lake”. This property is
more particularly described as follows:
Lots 1 through 324, of S-bag LAKE, Unit I, accord-
ing to the plat thereof recorded in Plat Book 56, Page
3 through 4, public records of Polk County, Florida
AND
All the lots of S-bag LAKE, Unit II, according to
the plat thereof recorded in Plat Book 61, Page 18
through 20, public records of Polk County, Florida,
AND
All the lots of S-bag LAKE, Unit III, according to
the plat thereof recorded in Plat Book 64, Page 4,
public records of Polk County, Florida.
This development corporation recorded certain Covenants and Re-
strictions binding upon the lot owners of any of the above-described
property. The original Covenants and Restrictions were recorded
as follows:
Unit I, Plat Book 56, Page 3 & 4.
Unit II, Plat Book 61, Page 18-20.
Unit III, Plat Book 64, Page 4.
The original Covenant and Restrictions contained a provision
whereby the terms of the Covenants and Restrictions could be re-
leased with the written consent of the owners of not less than
PAGE 1
three-fourths (3/4) in number of the lots shown in the above-
described plats. Pursuant to this authority, the owners of said
lots have conducted an election requiring written ballots and have
released certain of the original Covenants and Restrictions and
have amended certain of the remainder Covenants and Restrictions so
that the Covenants and Restrictions placed upon the above-described
lots now read as follows:
COVENANTS AND RESTRICTIONS
EACH LOT CONTAINED IN S-bag LAKE, UNIT I, AS RECORDED IN
PLAT BOOK 56, PAGE 3 THROUGH 4, PUBLIC RECORDS OF POLK COUNTY,
FLORIDA, AND EACH LOT CONTAINED IN S-bag LAKE, UNIT II, AS
RECORDED IN PLAT BOOK 61, PAGE 18 THROUGH 20, PUBLIC RECORDS OF
POLK COUNTY, FLORIDA, AND EACH LOT CONTAINED, IN S-bag LAKE,
UNIT III, AS RECORDED IN PLAT BOOK 64, PAGE 4, PUBLIC RECORDS OF
POLK COUNTY, FLORIDA, SH all BE SUBJECT TO THE FOLLOWING COVENANTS
AND RESTRICTIONS:
1. Said lot sH all be used exclusively as a recreational
vehicle site.*
2. All recreational vehicle sites sH all be reserved and
restricted for recreational vehicles. For the purpose of this
Covenant and Restriction, a recreational vehicle is defined in the
Rules and Regulations as amended from time to time. Mobile homes
sH all be excluded from this definition and are therefore excluded
*(The words “Lot” and “Site” are synonymous and are interchangeable)
PAGE 2
from use of the sites.
3. One (1) recreational vehicle sH all be located and main-
tained on each site, except for sites classified as Duplex, Unit II
Plat Book 61, Pages 18-20. Duplex sites have two (2) sec-
tions and one (1) recreational vehicle may be located on each sec-
tion. All recreational vehicles, all permanent exterior improve-
ments to the recreational vehicle and permanent improvements to the
property, sH all be approved by the Association.
4. No animals, birds or fowl sH all be kept or maintained on
any site except for dogs, cats and pet birds, which may be kept
thereon in reasonable numbers as pets for the pleasure and use of
the occupants but not for any commercial use of purpose. All pets
must be kept under control at all times, and must not become a
nuisance by barking or other acts.
5. No hedges in excess of twenty-four (24) inches in height
and no fences, walls, mailboxes, clotheslines, freestanding radio
or television antennas sH all be permitted on any site. Only Assoc-
iation-approved improvements and equipment will be allowed on each
site.
6. No sign of any character sH all be displayed or placed
upon any site except a sign bearing the name of the owners, not to
exceed five (5) inches by twenty (20) inches. No sign sH all be
attached to trees in any location in S-bag Lake.
7. An easement of five (5) feet in width is reserved along
each of the lot lines of each site (front, back and sides) for the
installation and maintenance of utility services, and it is under-
PAGE 3
stood that such easement may be used by the Association for such
installation and maintenance. An easement of twenty (20) feet in
width is reserved along the back lot line of the following lots:
Block 51, Lots 11 and 12 of Unit 2
Block 49, Lots 1 of Unit 2
Block 48, Lots 10-13 of Unit 2
Block 45, Lots 1-4 of Unit 2
Block 44, Lots 1-9 of Unit 2
8. The Association has installed and sH all maintain adequate
sanitary facilities as provided by the laws of the State of Flori-
da. Each user of such facilities agrees to protect same and pre-
vent loss of damage to occur thereto. No outside or portable
toilets sH all be installed or allowed on any site.
9. No nuisance sH all be allowed upon the property nor any
use of practice which is a source of annoyance to residents, or
which interferes with the peaceful possession and proper use of the
property by its residents. All parts of the property sH all be kept
in a clean and sanitary condition and no rubbish, refuse or gar-
bage sH all be allowed accumulate, or any fire hazard allowed to
exist.
10. No commercial activity of any kind sH all be conducted on
any site except as provided in the Regulations, and those areas
designated by the Association for commercial use.
11. The site owners sH all not permit or suffer anything to
be done or kept on his site which will increase the rate of insur-
ance on common property or which will obstruct or interfere
with the rights of other site owners, or annoy them by unreasonable
PAGE 4
noises, or otherwise nor sH all the site owner commit or permit any
nuisance, immoral or illegal act in or about the common property.
12. Each site owner sH all be considered a member of Saddle-
Bag Lake Owners Association, Inc., (hereafter referred to as the
Association). The Association owns the following common property
and facilities located within S-bag Lake: The streets, fences,
greenways, parks, beaches, that portion of S-bag Lake included
in the plat of the property, the lagoon, canals, bulkheads,
bridges, culverts, water and waste treatment plants, on site and
distribution systems, street lighting system, street and other
signs, recreation center, comfort stations, laundry facilities,
entrance gate and landscaping, pools, boat docks, trading
post, post office, transfer station, greenhouse, storage area and
such other common buildings and facilities as may be acquired by
the Association in the future. The Association sH all levy and
collect a reasonable monthly assessment against site owners suffic-
ient to cover each lot owner’s proportionate share of actual cost
of operating and maintaining all these said activities and for
providing water, electricity and garbage disposal services, sewage
service, general maintenance and carrying out of its managerial
duties hereunder. Likewise, the Association sH all include in the
assessments so made a sum adequate to pay all real property and
other taxes on said facilities. The collection of these sums sH all
be provided for in an adequate manner to assure the maintenance
necessary. The assessments for expenses sH all be levied in accor-
PAGE 5
dance with the by-laws of the Association.
13. The Rules and Regulations are captioned “Rules and Regu-
lations” and are set forth in the by-laws of the Association. The
Association sH all have the authority to promulgate regulations
which govern the use of any lot or common property or facility
within S-bag Lake. No person sH all use any property or facili-
ty in any manner contrary to the regulations promulgated by the
Association.
14. These Covenants and Restrictions may be amended or
released provided said amendment or release is approved by written
ballot by the owners of not less than three-fourths (3/4) in number
of the lots shown on the above-described plats.
15. These restrictions sH all be considered as covenants
running with the land, and sH all bind the purchasers of all sites
shown on the plat hereinbefore referred to, their heirs, executors,
administrators, successors and assigns, and if said owners or any
of them, their heirs, executors, administrators, successors or
assigns sH all violate or attempt to violate any of the covenants or
restrictions herein contained, it sH all be lawful for the Associa-
tion, or any person or persons owning any sites in S-bag Lake
to prosecute any proceeding at law or in equity against the person
or persons violating or attempting to violate any such Covenant or
restriction and either to prevent him or them from doing so or to
recover damages for such violation including costs of the suit and
a reasonable attorney’s fee. Any invalidation of any of these
PAGE 6
Covenants and Restrictions sH all in no way affect any other of the
Provisions thereof which sH all thereafter remain in full force and
effect.
CERTIFICATION OF ADOPTION
The undersigned, being under oath, do hereby swear and affirm
and certify that the above-described Covenants and Restrictions
were adopted by the owners of not less than three-fourth (3/4) of
the lots in each of the plats and that said Covenants and Restric-
tions became effective on November 1, 1986 as to all units.
AS TO UNIT I
__________________________
__________________________
AS TO UNIT II
__________________________
__________________________
AS TO UNIT III
__________________________
__________________________
Corporate Seal Affixed
Notary Public Polk County, Florida
PAGE 7