HomeMy WebLinkAboutTuscawilla Unit 3and
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NOTICE OF RESTRICTIONS ON REAL ESTATE
W ALL MEN BY THESE PRESENTS:
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WHEREAS, Winter Springs Development Corporation, a Florida corporation,
nominee for Winter Springs Venture, a joint venture, hereinafter called
eloper, is the owner of land in the County of Seminole: State of Florida,
e particularly described as follows:
All of the lots in Winter Springs, Unite 3 according to the plat
thereof as recorded in Plat Book 17, Pages 89 and 90, of the
Public Records of Seminole County, Florida.
WHEREAS, Developer desires that all of the above described real property
be subject to like restrictions for the mutual benefit and n_rotection of itself
and all persons, both real and corporate, who hereafter may purchase or acquire
said property or any part thereof, or any interest in or lien upon said property
or any part thereof,
NOW, THEREFORE, in consideration of the premises, Developer does hereby
declare said real property to be subject to the following restrictions, reserva-
tions and conditions, binding upon said Developer and upon each and every
person, both real and corporate, who or which shall acquire hereafter said real
property or any part thereof, and their respective heirs, personal representatives,
successors and assigns, said restrictions, reservations and conditions being as
follows:
1. No lot shall be used except for residential purposes. No building shall
be erected, altered, placed or permitted to remain on any lot other than one
detached single - family dwegini, not t exceed two and one -half stories in height,
'e_�r s�e feat le +ot re tha,� fo °cars:, ancl_
2. No building or structure shall be erected, placed or altered on any
Lot until the construction plans and specifications and a plan showing the loca-
tion of the building or structure have been approved by the Architectural Control
Committee as to quality of workmanship and materials, harmony of external design
with existing structures, and as to location with respect to topography and
finish grade elevation. '
3. The Architectural Control Committee is composed of William J. Goodman,
Norman A. Rossman, Roy T. Dye, and George Nader, all of 1301 West Colonial
Drive, Orlando, Florida. A majority of the committee may designate a representa-
tive to act for it. In the event of death or resignation of any member of the
committee, the remaining members shall have full authority to designate a
successor. Neither the members of the committee, nor its designated representative
shall be entitled to any compensation for services performed pursuant to this
covenant. At any time, the then record owners of a majority of the lots shall
have the power through a duly recorded written instrument to change the membership
of the committee or to withdraw from the committee or restore to it any of its
power and duties.
4. The committees approval or disapproval as required in these covenants
shall be in writing. In the event the committee, or its designated representa-
tive, fails to approve or disapprove within 30 days after plans and specifications
have been submitted to it, or in any event, if no suit to enjoin the construction
has been commenced prior to completion thereof, approval will not be required
and the related covenants shall be deemed to have been fully complied with.
5. Except for residences constructed on corner lots, the rear and both
sides of all other residences may have exterior construction of concrete block.
On corner lots, all residences, including detached structures, may use standard
concrete block only on the rear and the side of the structure not facing a street .
The exterior construction on the front of all residences and on the side of
residences located on corner lots that do face the street, shall either be small
concrete block, brick, stucco or frame, or combination thereof, except that a•
large concrete block may be used if the same is of a type designed to simulate
wood sidir ;. The ground floor area, exclusive of pen porches and garages, shall
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5. (cont.) be not less thansquare feet of living area for a one -
story dwelling, nor less than 800 'square feet of living area on the ground level
for a two or two and one -half story dwelling, provided said dwelling has a
minimum of 1500 square feet of living area over all.
6. No dwelling shall be constructed on a plot having an area of less
than 40,000 square feet, and such plot shall be not less than 100 feet in
width at the front building set -back line. No dwelling shall be erected
nearer than �Q,feet to the front lot line nor farther than 100 feet from
the front lot line. No dwelling shall be erected nearer than 20 feet to
any interior lot line. On corner lots no dwelling shall be erected nearer
than 25 feet to a lot line facing a street.
- 7. No structure of a' temporary character, trailer; basement, tent, shack,
garage, barn or other outbuilding shall be used on any lot at any time as a
residence either temporarily or permanently.
8. No noxious or offensive activity shall be carried on upon any lot,
nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.
9. 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 pro-
vided that they are not kept, bred or maintained for any commercial purpose.
A. Anything herein to the contrary notwithstanding, two (2) horses
be stabled in a stable on any one lot other than Lots 95 through 113,
inclusive. The horses and stables shall be restricted to the rear 100 feet
of lot.
10. No sign of any kind shall be displayed to the public view on any lot ex-
rcept one professional sign of not more than one square foot, one sign of no': more
than five square feet advertising the property for sale or rent, or signs %sed
by a builder to advertise the property during the construction and sales period.
11. No lot shall be used or-maintained as a dumping ground for rubbish,
trash or other waste. All trash, garbage and other waste "shall be kept in
_ sanitary containers and, except during pick -up, if rea_uired to be placed at t!'e
curb, all containers shall be kept at the rear of all dwellings out of sight fro,:
the street. There shall be no burning of trash or any other waste materials.
12. No fence, wall, hedge or shrub planting which obstructs sight lines
at elevations between 2 and 6 feet above the roadways shall be placed or per
-
witted to remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points 25 feet from the
intersection of the street lines, or in the case of a rounded property corner
from the intersection of the street property lines extended. The same sight
line limitations shall apply on any lot within 10 feet from the intersection of
-� a street property line with the edge of-a driveway or alley pavement. No tree
shall be permitted to remain within such distances of such intersections unless
the foliage line is maintained at sufficient height to prevent obstruction of
such sight lines.
13. No fence'or wall shall be erected, placed or altered nn any lot nearer
to any street than the minimum building set -back line. Prior to construct'.c,n ref
any fence or wall owner shall obtain approval of plans for fence or wall; from
Architectural Committee.
14. All basketball backboards and any other fixed game and play structures
shall be located at the rear of the dwelling, or on the inside portion of corner
lots within the set -back lines. Tree-house or platforms of a like kind or nature
shall not be constructed on any part of a lot located in front of the rear lin_
of a residence constructed thereon.
15A. Any swimming pool constructed on any lot shall be subject to the
following restrictions, reservations and conditions:
- -- (1) Construction may be only of concrete or a concrete -type material.
(2) The outside edge of anv pool wall may not be closer than four (4)
feet to a line extended and aligned with the side walls of the house.
(3) No screening of pool area may extend beyond a line extended and
aligned with the side walls of the house.
2.
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158. No air -:-:ditioning
laced on the frc .. of any dw,
isible to or from any public
ear of any such dwelling,but
t shall be permissible to so
ise appropriately concealed.
units, either central or wall units, shall be
211ing or otherwise placed or located so as to be
street. If said unit is placed to the side or
is still visible to or from any public street,
locate said unit if the same is screened or other-
16. Once a lot has been sold by the said Developer, the same, whether
mproved or not, shall be maintained in good appearance and free from overgrown
eeds and from rubbish. In the event any lot is not so maintained, then the
aid Developer, its successors and /or assigns, shall have the right to enter
pon said lot for the purpose of cutting and removing such overgrown weeds and
rubbish and the expense thereof shall be charged to and paid by the owner of
such lot. If not paid by said owner within thirty (30) days after being pro-
vided with a written notice of such charge, the same shall become a lien upon
said lot until paid and may be collected by an action to foreclose said lien, or
by an action at law, at the discretion of said Developer, its successors and /or
assigns.
17. All clotheslines shall be placed at the rear of and within the area en-
compassed by a rearward extension of the sidelines of said dwelling.
18. No inoperative cars, trucks, trailers or other types of vehicles shall
be allowed to remain either on or adjacent to any lot for a period in excess of
forty -eight (48) hours, provided however, this provision shall not apply to any
such vehicle being kept in an enclosed garage. There shall be no major repair
performed on any motor vehicle on or adjacent to any lot in the subdivision.
Recreational vehicles, such as campers, boats, motor homes, shall be kept only
in rear of house and shall be adequately screened from view.
19. Easements for installations and maintenance of utilities and drain-
age facilities are reserved as shown on the recorded plat. Drainage easements
are hereby reserved as follows: 7.5' drainage easement along the rear of all
lots unless otherwise noted and except Lots 95 through 114, inclusive; drain-
age easement within utility easement shown on plat on Lots 95 through 113,
inclusive; 100 foot drainage easement along westerly portion of Lot 114; 7.5'
drainage easement along the.sides of all lots except those lot lines abutting
-- street rights -of -way and except Lots 95 through 113, inclusive.
Within these easements, no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with the installa-
tion and maintenance of utilities, or which may change the direction of a flow
of drainage channels in the easements, or which may obstruct or retard the flow
of water through drainage channels in the easements. The easement area of each
lot and all improvements in it shall be maintained continuously by the owner of
the lot, except for those improvements for which a public authority or utility
company is responsible.
A. The topography of the existing depression and /or lake on the rear of
Lots 137, 138, 139, 143, 144, and 145 shall not be filled or altered in any
manner. _ _
B. No structures of any type shall be erected within 100' of the center
of the creek abutting Lots 95 through 114, inclusive.
20. Where a building has been erected or the construction thereof is sub-
stantially advanced and it is situated on any lot in such a manner that sme
constitutes a violation or violations of any of the above convenants, said
Developer, its successors and /or assigns, shall have the right at any time to
release such.lot or portions thereof from such part of the provisions of any of
said convenants as are violated, provided, however, that said Developer, its
successors and /or assigns, shall not release a violation or violations of any of
said covenants except as to violations they, in their sole discretion, determine
to.be minor, and the power to release any such lot or portions thereof from such
a violation or violations shall be dependent on a determination by them that such
violation or violations are minor.
21. At any time the then owners of at least fifty -one percent of
the lots may change these covenants in whole or in part by executing written
instrument making said changes and have the same duly recorded in the Public
Records of Seminole County, Florida. However, any such amendment shall not apply
to any lots owned by Developer unless Developer has joined in said amendment. The
above shall not apply, however, as same pertains to set back lines from any front,
interior, side, rear, or side street lot line, and the said Developer, specifically
reserver unto itself and Its successors and /or assims the authority to chane:e
said set back lines at anv time prior to the construction of a residence dwr_lling,
regardless of tic nu her of lots craned by it in snid subdivision.
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22. These covenants are to run with the land and shall be binding on all
parties and all persons claiming under them for a period of thirty years from the
date these covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of 10 years unless an instrumert
be signed by a majority of the then owners of the lots has been recorded, agree-
ing to change said covenants in whole or in part.
23. Enforcement shall be by proceedings at law or in equity against any
person or persons violating or attempting to violate any covenant either to
restrain violation or to recover damages.
It is expressly understood and agreed that all costs, including
reasonable attorney's fees, incurred by any moving party in any legal proceed-
ings which result in the successful enforcement of any covenant or restriction
contained in this Notice shall be borne in full by the defendant in such proceed-
ings.
24. Invalidation of any one of these covenants by judgment or court order
shall in no way affect any of the other provisions which shall remain in full
force and effect.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 4th day of
January 1973.
WINTER SPRINGS DEVELOPMENT CORPORATION
as nominee for WINTER S RINGS VENTURE
B 9 -
Pre nt
Attest:
Secretary
WITNESSES:
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY THAT on this day, before me, an officer duly authorized in
the STATE and COUNTY aforesaid to take acknowledgements, personally appeared
William J. Goodman and N. A. Rossman, well known to me to be the President and
Secretary respectively of Winter Springs Development Corporation, and that they
severally acknowledged executing the aforesaid instrument in the presence of
subscribing witnesses, freely and voluntarily, under authority duly vested in
them by said corporation and that the seal affixed thereto is the true Corporate
seal of said Corporation.
WITNESS my hand and official seal in the County and State aforesaid this
4th day of January 1973.
My Commission Expires:
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4.
Notary Public
L1'µ' •."1 / v
NOTICE OF SUPPLEMENTAL R_ESTRIC'TTONS
ON REAL ESTA fE -
KNOW ALL MEN BY THESE PRESENTS: IF
WHEREAS, WINTER SPRINGS DEVELOPMENT MRPORATt6N, a r, -�•
Florida Corporation, as ,nominee for WINTFP. SPRINGS VELURE,
�' .; •"� a joint venture, hereinafter called DEVELOPFR, b the ..4th --
day of January, 1973, w&A the owner of land. in tM Cott ty G.t
8nminole., State of Florida, more particularly described as
follows:
y
All of the lots in Winter Springs, Unit 3,
according to the plat thereof, as recorded
-:� in Plat Book 17, Pages 89 and 90 of the
.. Public Records of Seminole County, Florida;
and
WHEREAS, on the 4th day of January, 1973; the said
WINTER SPRINGS DEVELOPMENT CORPORATION as nominee for WINTER,
SPRINGS VENTURE, caused to be executed a Notice of Restrictions
.. _ on Real. Estate, and
WHEREAS,,said Notice of Restrictions on Real Est, to
vma duly recorded in !he official records df Seminole County,
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Fir• rid a.. at OR Book 9��6 , Page 1503, and y ri
WHEREAS, the undersigned are owners of in excess.
ag 51% of the lots contained in said Unit 3 of WINTER SPRINGS,
Gt! a•ccordinF: `to the plat • thereof as af.oresaiO , and ;
WHEREAS, the undersigned desire that all of the
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above deecribed real property-be subject to like restrictions.
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for •the r,utual benef ii. and protection of the owners thereof, '
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• �; both real and co-i poraf e, who presently own or hereafter may ;
•� Vutchase, or acquire said property,-or any part thereof, or
:,iterest in, or lien upon said property, or any part thereof:
NOW TILEREFORE, in consideration of the premises,
the undersigned do hereby declare the said real property,to
be subject to the following supplemental restrictions-, re•seer-
r
vat ions and conditions binding; upon each and every person,' _.
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both real and corporate, who-presently owns or shall hereinafter
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acquire said.real property or any part thereof, their respective
.
'heirs, personal representatives, successors and assigns, said
`restrictions, reservations and conditions being as follows:
1.- The lots its hereinabove described, or parcels of
land within the above described plat which may consist of a
portion of a lot therein•, "as originally conveyed by the developer,
shall thereafter be treated as a single lot and may not at any
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time be subdivided or sold except as one who�e•contiguous parcel.
2. The developer and its successors or assigns shall
have the right to originally convey to one Grantee a parcel of
�.�.
land which may consist of a portion of a lot or lots as embraced
*tj;
within said plat, as above described, provided, however, that
said parcel so conveyed shall contain not less'than 40,000 square
".=
feet of contiguous area. After such conveyance, the parcel so
conveyed shall be deemed to be one lot and shall not thereafter
'
be subdivided. Developer retains for itself, and its successors
and assigns, the absolute right to subdivide, and re- subdivide
into parcels any of the properties as described in the aforesaid
plat which are owned by Developer at the time of execution of
these supplemental restrictions, so long as such subdividing
is in conformity with the aforesaid recorded Notice of Restrictions
on Real Estate and these supplemental restrictions. Any such
subdivided parcels shall, when conveyed by Developer, shall be,
fo.: t-he ��u'rposes of these supplemental restrictions, be regarded
as a single lot and after such conveyance shall not be further
divided.
4
3. Each lot or parcel of 1-and may have constructed
thereon a private garage for not less than two nor more than
four automobiles. Such garage may be, detached from the'main
dwelling if all set -back requirements are met., and shall be
located at the side or rear of the dwelling so that its entrance
2 ..
(garage door) does not face any street. Such garage, as
located, may,,not project beyond the front building line of
the dwelling.
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4. This restriction is intended to be supplemental
to the aforesaid Notice of Restrictions on .!teal Estate, and.
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"AChn11 terminate to a of the data of :FtI re: trict:iolis; and
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shall be'subject to the same provisions for extension as the
aforesaid Rotice of Restrictions on Real Estate, and shall be
extended upon the extension of the aforesai_0,Not:ioe of Restric-
i
Lions on Real Estate. 'All of the terms of said Notice of
' Restrictions on Real Estate not inconsistent with the terms
rA and conditions herein are hereby incorporated by reference.
� supplemental rest
rict ions
,>A HEREOF these s
IN WITNESS W PP r -
have been executed by the undersigned, with full authority, ,
•& with their respective seals affixed this day of
s'
' WINTFR e, ..I GS ' DEVELO NT CORPORATION
/� as no inee or WI TE S RINGS VENTUM
messed' ► ;«+
By
✓ r /esic, ..nt
Attest._
Secre a y
STATE OF FLORIDA )
'COUNTY OF e. m1��
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I HEREBY CERTIFY that on this day, before. me, am
officer• duly authorized in the State and County aforesa d
to take .acknowledgments, personally appeared
' _ __— an d , we 11 own
T— a to e t e Presi ent and Secretary reEFectively `
of
Witter Springs Development Corporation, and. that' they severally
acknowledged executing i;be aforesaid instrument in the presence
of subscribing witnesses, freely and voluntarily, under authority
duly vested in them by said Corporation and that the seal affixed
thereto is the true Corporate seal of said Corporation.
WITNEEIS my hancl and officia...sea7 in the County and
State" aforesaid this day of 716f.
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Notary .iUl.ic - Stat; o low
NOTARY PUBLIC, STATE OF FLORIO: At 1
J ✓y MY COMMISSION EXPIRES NOV. 11, 19%8
My Commission I'.xpires ®ONDEU TH ui ll Ad"M^¢KI NlfGetLtBE
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Witnesses:
4 STATE OF FLORIDA ) s
-.COUNTY OF
HEREBY CERTIFY that on this day, before me, an
f ,� ',uy�oirficer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared
and
. cy me knU;n to tte the persons describe �n add who executed
e foregoing instrument and they ac kn wledged to me that they
executed the same.
WITNESS my hand and official seal in the County atd
r¢d ; ► u "" ;.8tate last aforesaid this _ -day of w,�7 �� ,�„.�„�_� , 1976.
Irm.e. � � `. � � ~ `�• '�' "rr' . I'r•�L- �- '�''"�"' t -des '
Notary Pubity ca rt ( a w
My Commission Expires
r.
I HEMMY•CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the
Coun_;y aforesaid to take acknowledg- gents, personally appeared
and n is AJ C i u -rr'r, „ ,
to me mown to e the persons described. in and who executed
the foregoing instrument and they acknowledged to me that, they
executed the same:.
WITNESS my hand and official se ,in the County and
,„0t„#te last aforesaid this / � day of %c- �> �L ,fir z,
1976.
Notary ubli State of on a
• �, My Commission Expiret*'
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STATE OF FL IDA )
COUNTY OF
y..,'
.
I HEREBY CERTIFY th at on this day, before me , an
officer duly authorized in the State aforesaid and in the
Crritnt. aforesaid to take acknowled. ent ersona 1 appeared
• 3% 6'ri' p Y PP
and /
°•+ to me nown to be the persons described i� who executed
the foregoing instrument and they acknowledged to me•that they
executed the same.
WITNESS my hand and�pfficial se in t.e County and
State last aforesaid this /�� " day of 1976;.
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-
�, My Commission Expires:
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NOTARY FUIILIC, STATE OF FLORIDA AT LARGE
JAY COMMISSION EXPIRES NUY. 11, 1978
a ° ROPIBLG THROUGH MUROSKI • HUCKLIOERRY INr— �" t'
• .,4h.- , i
(SEAL)
.(SEALS
ST,At'l OF F;: RIDA
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i HEREBY CERTIFY that on this day, before me, an
`otticer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledMents, personally appeared
and
o -me known to be the persons descri.bei -In—ancl who executed
the foregoing instrument and they aclnowledged to me that they
executed the same.
WITNESS my hazed and official seal i n the County and,
State last aforesaid this day of 1976.
Notary uialli_c — State o ? ork a
... t N My Commission Expires:
NOTICE nF SU 'P1 FMV'TA1 RESTRICT O!", J
11Nil i2F'J 1S 'ON (��; t'I :nl. FSTIITF
k, _ -_-_z _,_._ - -_ -- - -- -- --
K110 ALL ME'J P TNF "E PI'ESFPITS:
WHEREAS, t>ItlTFR SPRINGS I?EVELDI't +Ft!T Cf1Rf'URnTID "!, i, Florida
Corporation, as, nominee for 14INTF' SPRINGS VEnTHRE, a ioint venture,
hereir4fterr called DEVILOPFR, on 'he Pth day of January, 107?, was
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the :om. r pf, land in the County of Seminole, State of Floric'a, more
p��'ti°cularty ciescrihed as fo11ows:
:Al I of the lots in 'Ji nter Spri nos , Unit 3,
according to the plat thereof, as recorded
in Plat Rook 17, p(-•nPs r9 and 90 of the
Public RFcords of !eminole Cotinty, Florida.
; 4X.
Re tisi t p'ar'agraph 5, page 1
5. - Except for residences constructed on corner lots, the
rear-:04 both sides of all other residences may have exterior construe-
tion.;of concrete block. On corner lots, all residences, including
de;tachea structures, may use standard concrete block only on the rear
of the structure not facing a street. The exterior construc-
tn',arr.: ll front of all residences shall either be sma concrete block,
bt:ci<,t+cco, frame, stone or wood, or combination thereof. (Simulated
stoney larl cic, etc. may 'not be utilized.)
Residences constructed on a corner lot shall have the
side 'elevation facing a street ; :orstructed of simular materials as the
front
Trap minimum livinn r;rea exclusive of open porches and
- ;jai^ all `nc: a less an 000 square feet,
Y� 4
grap h 5A page 2
'�. Ar:y swimming pool constructed on any lot.shall be subject
1`.0 the ' cllorinn restric .ions, reservations and conditions:
k
(1) Construction may be only of concrete or a concrete-
type material.
( ) The outside edge of any pool Oall may not be closer
than 4 feet to the walls of the house.
(3) No pool wall may be constructed or placed closer than
15 feet to the sides and rear lot lines.
{4) Mo pool may be constructed within ( recorded) designated
utility or drainage easements,
(G) No screening of )ool may he constructed or of aced nearer
than 14 feet to the sides and rear lot lines.
current residents of Unit 3 - Cestaro
Freeman
Fulton
Goll
Hattaway
lows? 11
Lick±:cig
Mari ii
t1cCr Den
Sc ro Fe
Traylor
Webb
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+vr
102
177
17$
T 173 172 171
170
169 168 167 166
165
103 183
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!84
CT. 179
164
104. 204
182
105
205 185
18 i
180
195
196
200 201 202 203
163
� 188
106 224
187
194 197 199
!07 r 20S
188
q
162
108 r °�r� �r,�+o 207
189
193 ��`a 198
140 141
109 209 or 223 222
221
V
192
139
161
208
110 21 0
° 190
�� 190
0�
t38
142 0�
��' °�<,c
220 9Z
yon'
Cy
oCN 160
111
w� 191
130 v
137
143 or
158
112 211 212 213 214 215 218 217
218
219
p
�Yr�
144 ��`"
159
129 131 -",
13 6
157
It3 DY501'1 DR IVE
145
119 120 121 122, 123 124
117
114 115 116
M�9T 156 155 -
125 132 135 150 tic
128 t46 cT 154
128 133 134 149 151
!27 147 152 153
148