NOTE: This website is designed to inform the general public information related to 4346 Cheval Blvd in Lutz, FL. 4346 Cheval Blvd is located inside the greater community of Cheval. There are significant & important restrictions that concern 4346 Cheval Blvd that were confirmed by Florida courts on two separate occasions.
01
This property, 4346 Cheval Blvd. is under the control of Master Declarations of Covenants, Conditions and Restrictions of the Cheval Polo and Golf Club, which were originally recorded at Official Records Book 4450, Page 1793, was recorded in Officials Record Book 4450, Page 1793 of the Public Records of Hillsborough County, Florida (“Master Declarations”).
02
A satellite image of 4346 Cheval Blvd. can by visiting: a. https://gis.hcpafl.org/GisSearch/?pin=182708ZZZ000000489202U
03
It is of great note that these Master Declarations have been amended from time to time, but the restrictions governing 4346 Cheval Blvd. remain in full force and effect. This is haslead to significant proceedings against those violating these restrictions.
04
The following restrictions governing 4346 Cheval Blvd. that as follows:
Article V
Section 19. Golf Club Facilities. It is hereby declared that golf club facilities will be erected and maintained to provide for the playing of golf and other athletic activities. These facilities shall include the construction of a golf club, a driving range, putting green, a clubhouse with restaurant, lounge and other appurtenant facilities. Membership in use of the facility shall be as regulated by the Declarant or the golf course or owner. Certain areas of the golf course facility are an integral part of the Water Management System and will be controlled and managed by the golf club in conjunction with the Association. The irrigation system which irrigates the golf course and golf course facilities may be owned and operated by the golf course. Membership in the golf club will be established by the Articles and By-Laws of the Club.
Fifth Amendment to Master Declaration of Covenants,
Conditions and Restrictions of Cheval Polo and Golf Club
3. Section 19 of Article V is hereby amended by adding the following paragraph:
a. The Declarant hereby declares that a golf driving range shall be constructed and maintained on the real property described on Exhibit B attached hereto and made a part hereof. (NOTE: Exhibit B is 4346 Cheval Blvd.)
05
The attached document titled 4346 Cheval Blvd Owner is provided by Sunbiz.org. According to Sunbiz 4346 Cheval Blvd is currently owned by GGH 11, LLC. GGH 11, LLC is located in Aventura, FL according to Sunbiz. The owner of the listed company that owns 4346 Cheval Blvd is Jonathon Politano. Mr Politano is associated with 435 companies, formed over a 49-year period. Of these companies, 119 are still active. The remaining 316 are listed as inactive.
06
6. 4346 Cheval Blvd. in Lutz, FL has been the subject of two separate lawsuits:
a. 2004 Litigation: The Hillsborough Circuit Court entered a judgment regarding 4346 Cheval Blvd. in Lutz FL as follows:
i. Article V, Section 19, as Amended by the Fifth Amendment to the Master Declaration, is clear and unambiguous and provides for a “Use Restriction” that “a golf driving range shall be constructed and maintained on the real property described” as the “CHEVAL EAST GOLF COURSE DRIVING RANGE” “Containing 18.475 acres, more or less,” and that this driving range “will be erected and maintained for the playing of golf and other athletic activities.”
b. 2017 Litigation: The Hillsborough Circuit Court entered a judgment regarding 4346 Cheval Blvd. in Lutz, FL as follows:
i. The Court declares that GGH 11, LLC and the Driving Range Property are bound by the Master Declaration and the Fifth Amendment (as Driving Range Property, Master Declaration, and Fifth Amendment are defined in the Motion for Partial Summary Judgment).
ii. Further, this Court ordered GGH 11, LLC to pay the attorney fees of the Cheval Property Owners Association (“CPOA”), which brought the litigation to force GGH 11, LLC to comply with the Master Declarations.
iii. The Florida Court of Appeals affirmed the Hillsborough Circuit Court’s decision in full. That appellate case number is 2D19-2847 (L.T. #17-CA-001873).
iv. The amount of attorneys’ fees which GGH 11, LLC is required to pay to the CPOA is $81,096.69. The award of attorney fees is now a judgment, which has been recorded as a lien on this property in the records of Hillsborough County, Florida.
07
4346 Cheval Blvd. in Lutz FL is erroneously zoned as residential property: IT CANNOT BE USED FOR RESIDENTIAL OR COMMERCIAL PURPOSES. The Master Documents controlling the driving range property have been tested twice in the courts and have been determined to be controlling. A golf driving range must be constructed and maintained on this property. It can be used for no other purpose.
08
The attached document titled 4346 Cheval Blvd is the official property record record card from Hillsborough County. Folio: 012950-0075 is referenced.
Summary: Prior to making the decision of buying 4346 Cheval Blvd, please note that you will be required to comply with the restrictive covenants of the Master Documents. You will not be able to develop 4346 Cheval Blvd for residential or commercial purposes. If you do purchase 4346 Cheval Blvd and do not comply with the restrictions, the CPOA will sue you to force compliance. When the CPOA prevails in this litigation, you will be ordered to pay our attorneys’ fees incurred in enforcing our Master Documents.
ADDENDUM: The legal description of 4346 Cheval Blvd is as follows:
A PORTION OF LAND LYING IN SECTION 9, TOWNSHIP 27 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 25, CANNES VILLAGE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 38, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE N.01°23’39″E, 52.35 FEET ALONG THE EAST BOUNDARY OF SAID LOT 25 TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, OF CANNES VILLAGE REVISED AS RECORDED IN PLAT BOOK 73, PAGE 5 IN THE PUBLIC RECORDS IN HILLSBOROUGH COUNTY FLORIDA. THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF LOTS 1 THROUGH 6 INCLUSIVE, BLOCK 1, OF SAID CANNES VILLAGE REVISED THE FOLLOWING THREE (3) COURSES: 1) N.87°16’07″E, 212.68 FEET; 2) N.37°33’32”;E, 369.25 FEET 3) N.
21°47’02”,E, 337.80 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF CHEVAL BOULEVARD; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF CHEVAL BOULEVARD THE FOLLOWING FOUR (4) COURSES: 1) SOUTHEASTERLY, 464.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1320.00 FEET A CENTRAL OF 20°09’57”, AND A CHORD BEARING AND DISTANCE OF S.63°03’20″E, 462.19 FEET TO A POINT OF TANGENCY: 2) S.52°58’22″E, 285.39 FEET TO A POINT OF CURVATURE, 3) SOUTHEASTERLY, 200.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 24°29’40”, AND A CHORD BEARING AND DISTANCE OF S.40°43’32″E, 199.40 FEET TO A POINT OF REVERSE CURVATURE: 4) SOUTHEASTERLY, 75.28 FEET ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 08°08’16”, AND A CHORD BEARING AND DISTANCE OF S.32°32’50″E 75.21 FEET: THENCE S.35°53’35″W, 280.00 FEET: THENCE S.76°47’27″W, 100.00 FEET.