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HomeMy WebLinkAbout1997 04 28 Consent Item A --~--~'--"-~---'~---~- ----------. ---- --- .__._-~_.._-------_.._- --_._-~--~-- ''''~- r '. " ~ - f .'-,.~~. -:'~:....~-,- WINDING HOLLOW UNIT 4 SHEET 1 OF 5 PLA T BOOK PAGE .', A REPLAT OF A PORTION OF BtOCK D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 SECTIONS 1 AND 2, TOWNSHIP 21 SO.UTH, RANGE 30 EAST CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA .;; WINDING HOLLOW UNIT 4 DEDICATION KNOW ALL MEN BY THESE PRESENTS, That the corporation named below, being the owner in fee simple of the lands described in the forgoing caption to this plot, hereby dedicates said lands and plot for the uses and purposes therein expressed and dedicates the .~JR~~...A@..l;>fiAI,t~^~E .~NR ..l!]!.D~Y. .~~~~M~t:J.1?........................................... shown hereon to the perpetual use of the public, and ............................ IN WITNESS WHEREOF,. has caused these presents to be signed by the officer named below on...~f't.-,1k.lQfl~':7........ /. S.R. 434 DESCRlP17ON: That port of Block -0,-0. R. MITCHELL'S SURVfY OF THE LEVY GRANT ON LAKE XSSUP, according to the plat thereof recorded in Plat Book 1, p. .5, of the Public Records of Seminole County. Florida, described as follows: , BEGIN at the, Southwest corner of Tract -A-, WlND/NG HOLLOW UNIT 2, according to the plot thereof recorded In Plot Book 48, Pages B5 through 88 of the Pubffc Records of Seminole County. Florida, and run N 89'03'07- E: along the South line of soid Tract -A-, for a distance of .537.90 fHt; thence run N 81".3.5'.56- E along soid South line for a distance of 130.20 feet to the Southeast comer of soid Tract -A- soid comer beirH} on a curve concaw Northeasterly having 0 rodius of 780.00 fHt, a central angle of 09"18'.36- and whose radial line from said Southeast comer bears ' N 81".3.5',56- E:; thence run Southeasterly along the arc of said curve and the Westerly right-of-way line of Winding Hollow Boulevard for a distance of 126.74 'feet to a point of reverse curvature of 0 curve concaWl Westerly having a radtus of 900.00 feet and a central angle of 2.5"22'08-; thence run Southerly along the orc of said CUrW1 and said right-of-way line for a distance of 39B.49 feet to a point of reverse curvature of a curve concave Easterly having a rodlts of 1605.00 feet and a central angle of 08"36'20-; thence run Southerly aldpg the arc of said CUrW1 and said right-of-way line for a distance ~~*~. t to the point of tangency. . thence run S 00"56'.53- E along said " ~. t-Of.i:.iiqj line for a distance of 50.00 feet to the point of curwture of a CUrW1 concawe Northeasterly having Q r~ of 675.00. ,.....0n4Qcentral angle of .J2W'Of-; thence run Southt<nJtfM1y along the c:rc 'of'sokJ cune Qttd sold rlght-o;';:'way 1m. for a distance of 378.57 feet to the end of said curve; thWlce run N .56".55'O.r E (radial to said curve) along the bOlJndory line of WINDING H0t.40W UNIT 3 accc>rdlng to the plot thereof recorded In Plat Book 50, Pofes 73 through 7.5 of soid Public Records for a distance of 60.77 fHt to point' on a non-tangent CUrW1 concove Northeasterly having a radius of 2.5.00 feet ofttd a central angie of 14'00'36-; thence run SoutJteosterly along the orc of _id CUrW1 and said boundary line for a distance of 6.11 fHt to a point of re~ curvature of a curve conCOWl Southwesterly having a radius of 660.00 feet and a central angle of 07"38'05-; thence run Southeasterly along said boundary line for 0 distance of 87.9.5 fHt to 0 point of non- tangency. thence run N 89'03'07- E along soid boundary line for a distance of 306.1 B fHt; thence run S 00".56'.53- E alang soid boundary line for 0 distance of 4.5.5.0.5 feet; thence run S 81'04'02- W for a Jlistance of 234;25 fHt; thence run S 07"26'38- E for a distance of 31.5.11 feet; thence run S 81'04'02- IV for 0 distance of 221.61 feet; thence run S 88"32'05- W for a distance of 1,52.33 feet; thence run S .34.32'14- W for 0 distance of 115.71 feet to a pont on the North line of lands described in Officio/ Records Book 1784, Page 809 of said Public Records; thence run S 89".56'09- W along the North line of sold lands for a distance of 780.60 fHt; thence run S 47".f.8'2r Walong the Westerly line of soid lands for a distance of 381.07 fHt; thence run S 00'03'.51- E alo",; said Mlsterly line for a distance of 824.03 feet; thence run S 89".54'28 W for a distance of 714.28 feet to a point on the East Ii,.,e of NORTH ORLANDO RANCHES SEC170N 1, according to the plot thereaf recorded in Plat Book 12, Page 3 of said Public Records; thence run N 00".53'23- W along soid East line for 0 distance of 20.93 fHt to the Southeast comer of NORTH ORLANDO RANCHES SEC170N .5, according to the plat thereof recorded in Plot Book 12, Pages 58 and .59 of sold Public Records; thence continue N 00"5.3'23- Walong the East line of said NORTH ORLANDO RANCHES SEC170N 5 and the East line of NORTH ORLANDO RANCHES SEC170N 2-A, according to the plat thereof recorded in Plat Book 12, Pages 39 through 41 of said Public Records for (I distance of 15.50.82 feet to the Southwest corner of NORTH ORLANDO RANCHES SEC170N 10, according to the plat thereof recorded in Plat Book .13, Pages 32 and 33 of said Public Records; thence run the following 13 eourses %ng the Southerly and Easterly boundary lines of $Old NORTH ORLANDO RANCHES SEC170N 10: N 89'06'37- E, 438.15 feet; S 69"14'43- E, .5.52.94 feet; N 89'06'3r E, 206.23 feet; N .5214'2.5- E, 100.00 feet; N 89 06'3r E, 195.67 feet; N 13 51'14- E, 196.47 feet; N 00"5.3'23- ~ 190.00 feet; N 60.37'36- tv, 18.3.16 fHt; N 19.32'43- tv, 174.21 feet; N 00".53'23- tv, :J.f.O.10 fHt; N 0614'36- E, 400.22 feet; N 23".52'38- W. 166.29 feet; thence run N 10'09',56- W oIong soid Easterly boundary line and the Easterly boundary line of NORTH ORLANDO RANCHES SEC170N 9, according to the plat thereof recorded in Plat Book 13, Pages 11 i and 12 of said Public Records for a distance of 229.57 feet to the POINT oP' BEGINNING. I WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership By: Pizzuti Equities, Inc., o Delaware corporation, as managing g~~rQI~artner . By....... qet ,JQ -. -5 Name: ~ C. Daley (' . Title: Vice President Signed and sealed and delivered in the presence of: 14~......... re NAME:...N.~y~:~.:.~fnE.. . ~......... :...C.'.a~.i:.Sm/f4 STATE OF ~ COUNTY OF .ft.AN~ ~~~.~~.ln~;~~.~~;:~:~:~7:~::;,e a . . .........c oration, on behalf of the corporation. He is personall~ known to me or has .' produced.................................. os identific.ation an(j.-.... . .fl" did/did not toke an oath. () n J LU--It- <.'. ' "';::, \' .' .ff'. ~~~;;;~~:~:!fw~ ./~. : ~ NO A Y PUBLIC .- . ." '/:' j C SSION NUMBER .........~ii!bi.,..,.~:'f: M OMMISSION EXPIRES "~I~+.l~": S.R. 434 m~ gz ,2 ITIZ ~C) :OI c~ i l l' ! ~ o 0:: W ~ i LOCA 11 ON MAP (NOT TO SCALE) SURVEYOR'S NOTES: - Bearings based on the South line of WINDING HOLLOW UNIT 2, as being N 89.03'07" E (per plat). .t - NOTICE: There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county. - Drainage and utility easements are hereby established as follows (unless otherwise noted): ... Building Setbacks: F ron t: 25' Rear: 25' Side: 7.5' Corner: 15' Zoning: R-1A Containing 6&.575 acres mOre or less. 'i.4"'~ CERTlFICA TE OF SURVEY9R I hereby certify that this plat is a true and correct representation of the lands surveyed, that the survey was made under my responsible direction and supervision, and that the survey data contained herein complies with 01.1 of the requirements of Chapter 177 of the Florida Statutes.' I futher certify that I have complied with the requirements of Chapter 177.091(7) regarding "permanent reference , monuments", and that the land is located within \/;f " Seminole County, Florida. .:~,f"" J i' '.' I... DONALD W. MciNTOSH ASSOCIATES INC. . A: ,..C;,: "/, . k ~ Dated..4:~f~~ffl..~:r~~~ ;r..~T, . SIgnature. - .' .. l ,'J{" .. ,-.J-' i!<~'" f- . 4..Lt.-' ~ . ..... ..... ............. ................................ ,'. ': ,.' "I':"/'!' ',: . PRINTED NAME: KEITH RUDDICK . ' " . / .'" R . t t. N 2617 . . egIs ra Ion 0........................... 5' along all side lot lines; 10' along all front lot lines and side lot lines abutting street rights-of-way. - Vehicular access rights from Winding Hollow Boulevard to Lots 240, 181 through 200, 202, 203, 284 and 289 are hereby dedicated to the City of Winter Springs. JOINDER AND~' "". t)l7II'C,A . 'UN __________, I The mortg~oee consents and agrees to the platting of lands embraced in this plot ond to the dedication shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from the suit and the dedication shall remain In full force and 'effect. BARNETT BANK, N.A., successor by merger to Signed, seoled and delivered BARNETT BANK OF CENTRAL FLORIDA, N.A. in the presence of: . ~~~ ~~e ~ _ ~"~J Ie: ..~ .s%ft:t~r TItle: ~ . ..... "I\."~~Yi!"'., . ~- ~ ," " "':7;:::'':' By: B ~~~ ... .'.'. Prin~ed N e:~ ~ '.' ~. " .~. . ~~~~.f. '.lltirp. Name: TItle. ':, r_:,(./ ~o..., ';,'".: <> . STATE OF ~\a~l~ ~:~~.~'i' --~;'. . .:':' COUNTY or (::) r~'1C!-. 'r:j~I-'~...;...~.; '(.~J" "". .':(>:~..::.' e foregoil'!i. instrument was acknowledged before ~~ this.lJ ~~'Yr,} \~y ~. of Ba nett Bank, N.A., successor by merger to Barnett B k of Cent al Florida N.A. a . M teA oerperetien, on behalf of the corporation. He son all n to m or has produced as identification and did dl not take on oath. ,_' _.. CERTlFICA TE OF APPROVAL BY MUNICIPALITY THIS IS TO CERTIFY, That on................................. th e.... .. .. .. .. ... . .. . . .. .. . . . . . . . . . . . ... . .... . . . . ... . .. . . .. .. .. ... .. . .. . . . .. . .................................approved the foregoing plat. - All lines intersecting curves are radial unless noted as being Non - Radial (NR). The Conservation Easement along the rear of Lots 212 thru 235 is to be dedicated to St. Johns River Water Management District. Tract "A" is a Passive Park/Conservation Area to be dedicated to the City of Winter Springs for recreational purposes. Conservation easernents over said Tract "A" are dedicated to St. Johns River Water management District in Official Record Book 2714, Pg. 657 and to Florida Department of Environmental Protection in Official Records Book 2714, Page 670, Public Records of Seminole County, Florida. ........ ....... .... ..... .................................. ......... ......... .... ATTEST: MAYOR . - Tract "B" is a Storm water Management Area to be owned &: maintained by the Homeowner's Association with a drainage easement dedicated to the City of Winter Springs. - Tract "c" is an Active Park Site to be dedicated to the City of Winter Springs for recreational purposes. - YAe17 OI:lAI~S O~ LoT5 AIZe. MAI"-lTAlfoJED BY ~e Lo,- owt.Jee,. ........... .................... . .. . .. ..... .. ................ CI TY CLERK CERTlFICA TE OF CLERK OF CIRCUIT COURT I HEREBY CERTIFY, That I have examined the foregoing plat and find that it complies.Jn form with all the requirements of Chapter 177, Florida Statutes, and was filed for record on ................. ~ PREPARED BY: DONALD W. ~clNTOSH ASsoaAlES, INC. 2200 PARK A~NUE NORTH, WINTER PARK, FL 32789 (407) 644-4068 at... ........."........"...... FiI e No.......... . .........................." 1,. , ,_,....". :-'1,.. ;,'... P ted me: f'I'li NOTARY PUBLIC Commission No. C.C LJ-<-24(,7 My commission expires: ::JfV\. <), '9SS. ~ ';:"."?;, ''''''''jot.,;; "'.'f&:;,,~,. '1f~:';J'. , . ~..."..",>;\~ .. , ~ ~ ~''',J<'''''{~ ,', ~". '.. ~~;' ;l:(r. ".li: ...ct; t '"..:.. t...... ., ...~.,. ".., '. L'" ;":~~j)t.~:., ......... ............. ................... ............ ......... CLERK OF THE COURT in and for Seminole County, Florida " 8 Y ............................................... D. C. .. .-'--..-..........---...-. ~ ,~ 96109 -" "''''-~ ." :9' ~.;--.,""'~...-..., -..........- --"'^-'< "-~".'" WINDING HOLLOW UNIT 4 PLAT BOOK PAGE A REPLAT OF A PORTION OF BLOCK D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 SECTIONS 1 AND 2, TOWNSHIP 21 SOUTH, RANGE 30 EAST CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA .., , r~cr'A " WIAlPIAl6 I./tJUDW dAlIT f Pb. 4-~ Ft5. ~-16 P"IAlr ~F If'er,IAlNIA/4 6W. OJ~Ul. T ~T';-C 0# 77 (.r, W \ :.: \ '-' -.. \ ..- .."'!: ~ ~..! (I " -~ =~ -~ ...4f .~ _--' ~~ '.." \.v ..~ 0; (!: (;, ~ ~~ ~~ ~ ~~! -- - -. ..!.. .- =,' .~ j- !- -- - , --... tlfl ,,, . -- /' \ -- - " ~, ~! ~~ I ~ ;.;: (1') ~- 9 )~--' Q ~ ~ { ~-~~ - ",~. --r~~ : \ \ -1) 't- ~ ., /"\, '7.1 .~. ,- ~ L--~c~~~ ',....c/O' ~.. - .~~ ~ z.,z \ ,u>..f:P"$ '\J' I"'" :' "-./~", o. S 89'14'50" Vi _ -\ (__,/~ 175.48' - '- 13,45' .'\ ~ I 23/ I l/)./ / .~ ~ '\ N 82'SS'22"2'W' 170.14' - ~ I z'O --J Cl' ~. co , !"j I 0 NJ8S'01'.;~~-.?P ( ~ ~ l-. I ~?0.49'~._ --~ . g~~ /D.fll.E, ~~~ tJ - ) ...., ,.' N 87'05'09" W tj I (.k ~~ I P371'Z28 ., - I ) ~ g~~ I /Zo' G <: Co ~'i N '08'32" W ..,. -0 179,84' J '-'... ~ -{(/ ;~' 112/':~' tJ S 89'03'Or W 1:1~, / 188.81' I' / zu -1 :( \ / 1~5' - ~ . S 87'21'52" W ~ I 192.77' v, -~f) \ ~~ \ ~~ ~ ~ \ \ ~~ ~ ,\'" t") ~ - .,&{) r- - , """ in i: I ,) ~ ~ \\ \ (J~ ~Il :.: (-' ", ~--! ~.: c.' ,~ !~ ;'t., =~ ..:! r, (,~ .2 :'. (,'> ~ J.: i)_ -- .:. ;~ '-1 .......~ :c: --- :.j ;- ~- j- -- -' 'l'" " r) ...- - ,." .... \,..._.._~ ;~ ~~ :)':,:!'J G.f. ~1Milt ~&, "A · s. u~ TAUer"~" -22B.53'~ m.6()' ~ = 09-18'36" R = 780.00' L = 126.74' \, c.e, ::: 5 \?f D~' 2Z- E ---' 1IM~~ (j)UI'-' ".- ( \ \ \ \ "'...." .....'e.. ~ = 25-22'08" - R = 900.00' L = 398.49' CB =- 5050DI'3fD"E () N lD , I I 8:: I ~ I ~ \ ,~ ~ " ,,/ '0 , LtJAlt; SIIALb/(fS ~ ~ _c"v,€r ~ ~ ", , Qn I ~~ I ~.~ I ~~ I HB j I o ~ ~ ! ~ tit ~ ~~ ~t;J ~~ ,,~ :f) ~I I I , I ~ = 08-36'20" R = 1605.00' L = 241.07' c.P.> :: 5D~.ZJ'If>/ltAl B9 .4.. 3200B'04" '.R::: t. 75. 6iY;"- L :: 378. '51 CB: 5Ilo110'55'E :(~ -~ ~ \ ~ 25f~ \ \ \ \,,.\ ~ t. t.A~\ Cr\ S,",t.t.\ 9 St.t. 100 I - o 50 II 25 75 ~ 100 50 200 SCALE: 1"=100' Prepared By: DONALD W. MCINTOSH'ASSOCiATES I INC. 2100 ItA"K AVENUE'" WINTE" ItA"K, 'LOItIDA. 117M SHESr ~ OF 5 LEGEND C53 - CURVE NUMBER (SEE TABLE Of.! ~e&T~) L14 - UNE NUMBER (SEE TABLE o.t ~eer~). . ~ - CENTRAL ANGlE R - RADIUS L = ARC LENGTH CB - CHORD BEARING ct - CENTERUNE R/W - RIGHT-Of-WAY NT - NON-TANGENT (R) - RADIAL PI - POINT OF INTERSECTION PT - PO/Nt Of TANGENCY PC - POINT OF CURVATURE PCC == POINT OF COMPOUND CURVATURE PRC = POINT Of REVERSE CURVATURE O.R.B.== OFFICIAL RECORD BOOK P.B. .. PLAT BOOK PG. - PAGE D.E. - DRAINAGE EASEMENT U.E. == UTIUTY EASEMENT D. & U.E',. DRAINAGE AND UTIUTY ~A~~M~r BSL ... BUILDING SETBACK LINE J.R. - IRON ROO J.P. ... IRON PIPE C.M. = CONCRETE MONUMENT LB - UCENSED BUSINESS PLS... PROFESSIONAL LAND SURVEYOR SEC. 1-21-30 = SECllON 1. TOWNSHIP 21 SOUTH, RANGE 30 EAST . ... DENOTES PERMANENT REFERENCE MONUMENT (SET .-X...- CONCRETE MONUMENT 12617 UNLESS OTHERWISE NOTED) PER CHAPTER 177, FLORIDA STATUTES. "------ .. DENOTES PERMANENT CONTROL POINT (SET 60 PENNY NAIL AND DISK 12617) PER CHAPTER 177, FLORIDA STATUTES. NonCE: THERE MA Y BE ADDtnONAL RESTRICnONS THA TARE NOT, RECORDED ON THIS PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 100 I (J~ LIJ :.: (-' 2 ~f) o:!: ~.: :\1 (.\ ,~ ~; ~., :t r, (;"; I :_ '!l j:; 5_ ':' ;-~ .-. .. J: --- r." !-i- -- ~~ ,..) ..,j " It' _.. ;~ ~ 0.: /" ~ WINDING HOLLOW UNIT 4 A REPLAT OF A PORTION OF BLOCK D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 SECTIONS 1 AND 2, TOWNSHIP 21' SOUTH, RANGE 30 EAST CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA ~ = 32-08'04- - 675.00' L = 378.57' ~~ :: '5 \loOD'55"E \ \ f.J~ ~:It,t!lJt \ \AI 8"rf)~ 11' '- e~"vP ,,0. ~) 'of" I 2= Z~()(J' (VOl, ~~. ~ = ItI-. 00' ~ .. ~~ ."... tJr ( t ::. ~.I/' ;..c:. ,e- ~().()()# /""'--A ::. 070 ",()S" /54 t. :& 67. '" ' I /5(, I 195 'N~0(),'67.E I o 50 . WtAJOINt:, lla.tt>w tJ~/T ~ I'~. ff~ P~. n~74 25 75 ~ '00 50 200 f, S\-\t:.t:.\ \) ~ t:. S t:. t:. \ \ SCALE: ,"= 100' 134.65' N 69'03'07" E (N.R.) I -~ .... ~ . -to 2'''' r"l~ tl5 '0 -i .01 ~ ~ 0 z : It ~iX. : j(t \ 1'7 (') Z57 ~ '1/1 0, N 0) co Z,,, u ;.., ..,. oj WIO N 19~ 0 iel 0 l() 0 ...... iii ...... 148.04' ajl ;/ ;,. .'2~O 0 co 0 aj z co 0 in ~-.J .-.>tJ ~ 0'. ~ ~ . ~ C' - 'a\ a- a III :6 t" 1Il o - (Xl Ol . .....0 . .... Ol . -. VI .... . 4J r~ i<. :,: ~: I :6 --~ N 89-06'37- 195.67' . I':; .... , .. ..... w W :I: en w w en w z ...J :I: U ~ ~ ~ .....~ ~- ~ ~- ~ \ ~ ~ I ,d ::::: .. r flAcr A (PA%IV,- f'~/Utl5~ATIDN-) Ct>U-;azvA/lO~ FAS~e::NT ~ ~ O.~.8_1l714 Rio.'~7 ff/~",,2"""'''''~ A~D ~.E'- e. t7/4 Pt;." 10 Zt3. 8e' N)8'/6 .~ 10 ~11 ,,1.16 ~ ""' 'J ~. '12.41 '-'W ~~ ~ \\ ~ ~tJ~~ ~ I\~ :--. cS>.. ~ ~ I 'lll 0\'\ t ~ 1,,- ~ t:IO' ~~ '/10'tlRAINAliE ~MfAI~ "~"'.81' 'c'; - -----;/$7. oo'--,~ -r- -/8~.74 - :~ 5 89-56'09 W 780.fDO' I I 80 .' N. t./AIe tJe" /784 Ft;.8o~ 8'2. 81 - ... .... II II ,- r:- -r I I c..- -\ -,j , ~ I -,. , "I ' r.: I L' ~ Bl ("'II,:~ D '.'t- ,,-,.._ !...I\. 1'I..I..,.1L.L. ..I ~;0f~\J['( :'".'F THE ~.~:'./y '31~t.\~~T OtJ LhKf. .JESSUP o rJ I '-'1"';': I . 1_'. I, .- "'. ...J Prepared. 8,: DONALD W. McINTOSH'ASSOCIATES I INC. 2100 MltK AVENUE'" WINTE.. 'A"K, 'LOItIDA. SI7It . l JS7- :1(M,./' I /5& 21' N .. ~~ N!t\ ~ ~7 \U Tl!.Acr"A" t ~ .. ~ . ~~ N 01 1 I rl2AC r "8 " (5T6t.M "ATU. MAJlA(,E~r AeEA) DeAINA6e IW5fMEJoIi I \ I PLAT BOOK PAGE 5HEE.r .3 CJ: 5 LEGEND C53 - CURVE NUMBER (SEE TABLE otJ ~ee:r 5) L14 = LINE NUMBER (SEE TABLE 0,,", ~urS) ~ = CENTRAL ANGLE R - RADIUS L = ARC LENGTH CB = CHORD BEARING <t - CENTERLINE R/W - RIGHT-OF-WAY NT = NON-TANGENT (R) - RADIAL PI - POINT OF INTERSECTION PT ,. POINT Of TANGENCY PC = POINT Of CURVATURE PCC - POINT OF COMPOUND CURVATURE PRC = POINT Of REVERSE CURVATURE O.R.B.- OFFICIAL RECORD BOOK P.B. - PLAT BOOK PG. - PAGE D.E. = DRAINAGE EASEMENT U.E. - UTILITY EASEMENT D. & U.E.:DRAINAGE AND UTILITY EJ.5i?ME'I-lI BSL - BUILDING SETBACK LINE I.R. - IRON ROD I.P. - IRON PIPE C.M. = CONCRETE MONUMENT LB - LICENSED BUSINESS PLS = PROFESSIONAL LAND SURVEYOR SEC. 1-21-30 - SECTION 1. TOWNSHIP 21 SOUTH. RANGE 30 EAST . = DENOTES PERMANENT REFERENCE MONUMENT (SET 4-X4- CONCRETE MONUMENT 12617 . UNLESS OTHERWISE NOTED) PER CHAPTER 177, flORIDA STATUTES. \ ..........-- ... DENOTES PERMANENT CONTROl POINT (SET 60 PENNY NAIL AND DISK 12617) PER CHAPTER 177. FLORIDA STATUTES. NOTICE: THERE MA Y BE ADDITIONAL RESTRICTIONS THA TARE NOT RECORDED ON THIS PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. \ :;; ,,' -.. , , 2 ..1: :l- ~- ,-.... C 1'_, =~ <~ tori X -- :). -- ... ~ -., 0- ~ :.: ~ c.; :- :- -- ~.. t') . (.\ :7..: ~ ;~ (J"I ':1:. a g 0:: ~ ~ :0 ~ ..... ~ 0:: X .0 :i1 ~ I N OOD 53 '23 "w 2tJ. ~3 . $","j;EASr C",.eA/6R AI~eTrI ~Rt..AA./OO R.AA.lClleS s~crl/)A.1 S L'L :-) (j'; ({J uJ --' llJ ~ ~I~ c..! _ ' ..J _J . -, _J -'_ L.": () '1- ;: 1-- _, -" ~- .,:: -- <...:" ~~ '.'> it: >- (:.~ :> tJ; :J~ _~ y ~: :..'J -.. L!... ;-- '...:1 r- i1~ " . = '--~ '.!"J c~ \... LI_ >- ,,, .' ~ -- ..l..I I.i > -- ~:' (I': ___.: _....: -::J LJ m 'w'~ CI': IOl. ~I I ~111 ~ ~'11 ~I~ I IlJIlJ ~::!: enllJ <(en 1lJ<( enllJ enl llJ>o a::.... It) (.!) - \0 1lJ...J _ cO ~ . en::J ~ enl weD a:: I - (.!) (J) ot ~ en en >-"' ~ ~ ....u . :> -<(aj ~...J . i=-o ~ ::J U> 0 \... ":It ~ III Il\ ~ . "- ~~ ~~ ~~ ~ " CI'I ~~ <X) - - C\.I V LO o m ex> m WINDING HOLLOW UNIT 4 PLAT BOOK PAGE SN"T 4- OF 5 , "" iL / ~- (--: .~ / I'r) :- /""'"':---- . ..... o f/)~ / . :(, 1--- / 0' ,. \- /! t-- -= A REPLAT OF A PORTION OF BLOCK D, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 SECTIONS 1 AND 2, TOWNSHIP 21 SOUTH, RANGE 30 EAST CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA BL :< I :~ "/',r.'-I-',' ')O~ ',-,1''\.-, U ......!I'I.II:'C,. J' ,'4....,\ It ....I'_..'''''...t...._ I~/~I......,..I_.... S:~':.fi()i~ 5 r-~~. :~~ 1 ~.)'3t~. e,tl-5~1 f.,) I 1/ .;1 1_ 1\ 1 SHORE ROAD (661 R / W) (f'U. ~~. ~ p,.'it>.~,) ~ !o:: ~I .ILI ......' jZ 0::1 ~ -0 I Cf) III I ,. I65D. 8t ' '!l.,S.o.,' " W N TRACT A (F'A$SI V6 f'AfZ.I'./CONSeJ2,VATIOt.J) CcIJ~~"ArIO/J EA'eM~ MI ~~ "./OZ..f'. '2714- P4,'~7 _______ AND ".e.6. '2114 Pc.,. ~70 ~1c..Ito~. T 1'l.~c. T .. C .. <. Ac.,IVli PA~ Ie:. ) I I / 824.03 .~ .- S 00.03'51" E 100 I 50 25 ~ 100 75 ~ 200 o 50 S CAL E: I" = 100 ' ~ W. L;#€ de8/7N ""6.,/(), 101 0' (',,-1/ U,...\II ,-r.'" ...rl...Jr:.... ;\ ~ '~I...,...,....I...r.:. LI~... IJL... ~ ....1' I", '.'. III... .,.1\. 1"111 ..,I.L.L... ...J ~;~I:::'ir:'( ~)r-. -r;-:r.: ~.~:\J'( Gr-</~\NT (}t~ t_,~Kc: .}ESSL,'P o iJ I r.,....;:: I . 1_'. I, 1- "". ,I ~- --- - W 1"-. rt') I'f ) - (\J lD' OlD o 0 cnC\.l <X) z ~~-- L N 52014125" E 100.001 ,~):--~ f, ~-1~~\'~ ~\~; 8:} ~7 Le::~~ND C>.IZ~. :: OfF/Co/AI.. f.6C.OUiS 13W1' e./w -:: IZ-Ic..Hi-Oi==-W.AY ti -.: c.e~ree.L.I~e p.~. = PLAt fb:>~ ~ = , 8'2 me;) " 0" "- w~ "0 LOg) ~ o ,..; 't m ex> CJ) : (;. \_- -L . - DENon;S PERMANENT REFERENCE MONUMENT (SET 4-X4- CONatElI MONUMENT #2817 UNLESS OlMERWlSf NOlID) PER OiAPTER 1n. flORIDA STATUTES. '-- - DENOlIS PERMANENT CONTROl POINT (SET eo PENNY NAIL AND DISK #2817) PER OiAPTER 177. flORIDA STATU lIS. M A --," I I~ , ... ,", L ! ~~ E: s r:: i:: SHE: E"j , NOTICE: THERE MA Y BE ADDITIONAL RESTRICTIONS THA T ARE NOT RECORDED ON THIS PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF" THIS COUNTY. Prepared 8,: DONALD W. McINTOSH'ASSOCIATES I INC. 2200 ,.ARK AVENUE N, WINTER "ARK, fLORIDA. 52781 rJ()f~.(H '~)r~~_/~i~t)'.; ~~:~r~.::-:!::S ~"~:(;I.:(~~~ ~!,t;.. f.). B. ; 2, ~.)(3~~. ~ 9. '". ~ ~M.I t!PRJJel!!! _AAlC#,eC ~.r.v "'IAAlp() -. ~ r- I S~C rbAl /0 1SI I ~ in --- <Xi I rt') q I r-- I ~-- I L-- ~~ I ~.: ..or ~ I t---"- / '0 ~--- - " 1'_ .,J ~. W I"- rt') " C'! lD -.9 0 o 0 .n m <X) z 4 5 ., , (}''' tlJ :.: '-' 2 ~) o:! ,.: :rJ - '::' (\ ,~ !~ i"-, =~ ..:! r, ('''i .J :. ,.!) ~, J~ ~_ ::::: I:) ;-~ 1-' .. '"' :c --- :'t~ ...- !- i- .- ~) I)'" rl r" .71 ~j :J ;~ ~ 0; r!J \ WINDING HOLLOW UNIT 4 PLA T BOOK PAGE A REPLAT OF A PORTION OF BLOCK D, DoRo MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 SECTIONS 1 AND 2, TOWNSHIP 21 SOUTH, RANGE 30 EAST CITY OF WINTE~ SPRINGS, SEMINOLE COUNTY, FLORIDA CURVE TABLE CURVE RADIU5 LENGTH TANGENT CHORD BEARING DELTA Cl 500.00 139.00 69.95' 138.55 N 8''0',7- E 15"55 40- C2 500.00' 117.32' 58.93 117.0S 5 79"50 46- W 13"26 38- C3 500.00 21.68' 10.84' 21.67' 5 8704836- W 02"29 02- C4 7S.00 138....., 99.06' 119.59 S 361059- W 105'44'1r CS 46S.00 197.57' 100.30 196.09' N 04030'51- W 24020'38- C6 2040.00 , 306.40' 153.49 306.11' S 03021'18- W 08OJ6'20- C7 1110.00' 622.54 319.70 614.42' 5 17"()(),55- E 32'08'04 - C8 16S.00' 127.39 67.06 124.25 N 10"57'53- W 4414'06- C9 125.00' 25.53 12.81 25.49' S 0917'00- E "042'1'- Cl0 7SS.00' JOO.34 152.18' 298.37 N 0304419- W 2204733- Cll 17S0.00 262.84 131.67 262.60 5 03"21 18- W 0803620- C12 820.00' 459.90' 236.17 453.89 5 17"00 5S- E 32"08 04- C13 455.00 310.48' 161.56' 304.50' N 13032'01- W 39"05'52- C14 370.00 129.71' 65.53 129.04 5 68"5324- E 20"05 08- C15 370.00 42.00' 21.02 41.98' 5 8419'09- W 08'JO'15- C16 370.00 87.71' 44.06 87.50' N 85 oJ8"7~ W 13"34'53- C17 780.00 90.65 45.37 90.60' 5 11043'50- E 06039'31- C16 780.00' 36.09 18.05' 36.09' S 16"23'08- E 0203905- C19 900.00 13.12 6.56 13.12' S ln7'38- E 00"50'07- C20 900.00' 51.45 25.73' 51.44 S 1514'17 E 03'6 JO- C21 25.00' 38.58 24.31' 34.86 N 29'08 39- E 86"24'29- C22 475,00' 69.02' 34.57 68.96 5 77030 39- W 0819'31- C23 475.00' 61.17' 30.63' 61.13' 5 85"21046- W 07"22' 42- C24 100.00' 50.99' 26.06' 50.44' 5 74"26'43- W 2912'50- C25 100.00' 51.76' 26.47' 51.16' 5 45"00'36- W 29039'24 - C26 100.00 45.73' 23.27' 45.33 5 17"04'49- W 2612'09- C27 100.00 36.07' 18.23 35.87 5 06"21'13- E 20'39'54- C28 440.00 25.94 12.97 25.93' 5 14"5951- E 03"22 39- C29 44(}.OO' 96.42' 48.40 96.23 S 07"0' 51- E 12033'21- CJO 440.00' 64.59 ~2.35' 64.53 5 03"2709- W 08"24 38- C31 2065.00' 22.72 11.36' 22.72 S 07"20 33- W 00037'50- C32 2065.00' 74.12 37.06' 74.1 l' 5 05'59 56- W 02003'23- C33 2065.00' 74.12' 37.06' 74.11 5 03"S6 J3- W 02003 23- C34 2065,00' 74.12' 37.06' 74.11' S 01 '5J'09- W 02"03'2,3- CJ5 2065.00' 65.06' 32.54' 65.01' S 00"02' 4J- E 01048'20- C.J6 1135.00 33.4J' 16.72' 33.43' S 01'47'30- E 0104116- C37 "J5.00 73.43' 36.73 73.42' S 04"29'21- E 03042'25- C3B 1135.00 '3.43' 36.73 73.42' S 08,,'46- E 03"42 25- C39 1135.00 7 J.43' 36.73 73.42 S 11'54 12- E 03042 25- C40 1135.00 73.43 36.73 73.42 S 15036'37- E 03042 25- C41 1135.00 73.43 36.73 73.42 S 19'903- E 03042'25- C42 11 35.00' 73.43 36.73 73.42' S 23'01'28- E 03042 25- C43 1135.00' 73.43 36.73' 73.42 5 26043f)3- E 03042'25- C44 1135.00' 76.99 38.51' 76.97 S J0031 42- E OSS3 11- C45 1135.00' 12.10 6.05' 12.10 S 32046 37- E 00036' 40- C46 140.00' 106.09 56.90' 105.42 N 10"51'53- W 44'4'06- C47 25.00 21.03' 11.18' 20.41' N 3514'51- E 4811'23- C48 50.00 241.19' 44.72 66.61' S 78"50'50- E 276022 46- C49 25.00 21.03' 11.16' 20.41' S 12"56'32- E 46"'23- C50 50.00 13.19' 6.63' 13.15' 5 5104701- W 15'0704- C51 50.00 56.58" 33.17 55.26' S '10039045- W 67"07 27- , CS2 50.00 45.61' 24.65 44.22' S 49'08'48- E 52029' 40- C53 50.00 49.91' 27.26 47.86' N 'D UU E 5711'35- C54 5ZJ. ~' (,I,!J(,' 35,21' ~7. !NJ' N 01- 5Z'~"J4/ 7-18'ZlJ" . C55 !iO. ()O . ~/, 513 . ;a,08' ~.3~' F~ .~$'4i ~-E -17- "'57" C56 )0, (),(J' 2~.Z?' /2.~/' Z!5. ()O ' !J~ '-1M, (: '51" G tR:1-:; , I/!J" C57 "", "0 lIe. i}8' /~s. '41' fM.~~' 'W I~~. ~~!J' C58 J. '6. 4" , t-. " !J 3.'" ~. (,1' AlSI.#'5?'e /11'//' IZ" C59 e5.00' /</.",,0' 7.4/' /4. .do ,.v~. ~ '/~.l? "D~ '/11/ C60 25.00' 40.54' 26.31' 36.24' N 60'03'37- W 92"55'10- C61 525.00 66.87' 33.48 66.82' N 77'07"44- E 0717 52- C62 25.00' 41.21' 27.02 36.700 5 33033 25- W 94"26 30- C63 780.00 58.18' 29.10 58. , 6' S "03"38- E 04"1625- C64 760.00 74.16' 37.11 74.13 S 06'40 00- E 05026'S2~ C65 780.00 74.16' 37.11' 74.13 5 011308- E 05"26'52- C66 760.00 74.16 37.11' 74.13 5 0413'43- W 05026'S2- C67 780,00 9.60 4.60' 9.60 5 0718'18- W 00'4219- C66 1725.00 66.42 34.21 68.41 S 06031'17- W 0216.21- C69 1725.00 80.14 40.08' 60.13' 5 04003'16- W 02'39'42- C70 1725.00' 80.14 40.08' 80.13' S 01"23'34- W 02039' 42- C71 1725.00 30.40 15.20' 30.40 5 00"26 35- E 01'0035- C72 795.00' 67.22' 43.65' 87.17' 5 04'05'27- E 061709- C73 795.00' 87.22' 43.65 87.17' 5 10"22'36- E 061709- C74 795.00' 67.22' 43.65 87.17" S 1603945- E 061709- C75 79~.OO' 67.22' 43.65 67.17' 5 22"56'55- E 0617'09- C76 795.00' 87.22' 43.65 67.17' S 2914'04- E 0617'09- en . 795.00' 9.78' ~.69 9.78' ; S 32043'47- E 00042'18- CONTINUE.tl SNEer 5 ~F 5 CURVE TABLE ( CONTI NUH CURVE RADIU5 LENGTH TANGENT CHORD BEARING DELTA C76 480.00 64-15' 32.12 64.10' S 2915'13- E 07"39 26- C79 480..00 73,76 36.95 73.69' S 21 '01'23 E 08'48'16- cao 480.00 73,76 36.95 73.69' S 1213'07 E 0804816- e81 480.00 74.53 37.34 74.4~' 5 03"22 06 E 08'53 46- C82 480.00' 41.35 20.69 41.34' S 0303251- W 04056'08- C83 25.00' 45,79 32.55 39.65' S 46'27'32 E 104'56'54- C84 2S.00' 38,62 24.36 34.69' N 36'48'42- E 68'30 40- CBS 900.00' 66,13 33.08' 66.12' S 11"29'44- E 04'12'36- CB6 900.00' 85057' 42.82' 85.54' S 06'4()'00 E 05'26'52- CB7 900.00 85,57' 42.82' 85.54 S 011308 E 05026 52- CB8 900.00 85,57' 42.82' 65.54 S 041343 W 05026 52- . ca9 900.00 11.08' 5.54 11.06 5 07"1818 W 00'42'19-' C90 1605.00 63;66' 31.83 63.65 5 06'31 17 W 0216',21- C91 1605.00 74.56' 37.29 74.56' S 04003'16- W 02'39 42- C92 160S.00 74,56 37.29 74.56' S 01 '23' 34 W 02'39 42- C93 160S.00' 26.28 14.14 28.28' 5 00026'3S E 01'0035- C94 675.00' 74.05 37.06 74.02' 5 04'05'27 E 06"17'09- C95 675.00' 74.05 37.06 74.02' 5 10"22' 36 E 06'17'09- C96 675.00' 74005' 37.06 74.02' 5 16'39'45 E 06'1'7'09- C97 675.00' 74.05 37.06' 74.02' S 22056'55- E 0617'09- C9B 675.00 74,05' 37.06' 74.02' 5 2901404 E 0617 09- C99 675.00 8.31' 4.15' 6.31 5 3204347 E 00'42'18- Cl00 600.00 80.19' 40.15' 80.13 5 2915'13 E 07"39 26- . Cl0l 600.00 92.20' 46.19 92.11 S 21"01 23 E. 08048'16" Cl02 600.00 92.20' 46.19 92.11 S 121307 E 06'48'16- Cl03 600.00' 52.36 . 26.21 52.37' S 0516'55 E 05000 06- Cl04 30S0.00' 31.35' 15.67 31.35' 5 03'06 31 E 00'35 20- Cl05 30S0.00' 7~.01 37.51 75.01' 5 04"06'27 E 01'24'33- Cl06 3050.00' 75.05 37.53 75.05' 5 OS031 01 E __01'2436- Cl07 3050.00' 65.05 32.53 65.05' 5 06049'58 E 0113'19- Cl08 25.00 33.13 19.51 30.76' N 52'59~11 W -75OS5'24- Cl09 50.00' 92.27' 66.0.4' 79.73' 5 361059 W ' .105'4417- Cl10 490.00 41.37' 20.70' 41.35 S 141'6'04- E 04'5013- Cll1 490.00 70.92 35.52 70.86 5 07042"0- E 061734- C1l2 490.00 70.92' 35.52' 70.86 S 00'35 23 W - . 081734- C113 490.00' 24.98' 12.50 24.96' 5 0611'49 W 02"55'17~ C114 2015.00' 49.23' 24.61 49.23' S 06'57'28 W 01'23.59- C115 2015.00' 78.53 39.27 78.52' 5 05'08'29- W 0213 58- C1l6 2015.00' 78.53 39.27 78.52' 5 02'54 31 W 0213 S8- C1l7 2015.00' 78.53 39.27 78.52' 5 00040'33 W 02'13 58" , CllB 2015.00' 17.84 8.92' 17.64' S 00'41'39 E 00'3026- C119 1085.00 8.~8' 4.34' 8.6er 5 01'0'38 E 00'27 30- C120 1085.00 81.86' 40.95' 61.84' 5 03'34 04 E 04'19'22- C121 108S.00 81.86' 40.95' 61.84 5 07053 26 E 0401922- C122 '08S.00 81.86' 40.95' 61.84 5 12'246- E 041922- C123 1085.00 81.86' 40.95 81.84 5 16'3211 E 04'1922 C124- 1085.00 61.86 40.95 81.64 S. 20'51 33 E 04'1 9 22- C125 1085.00' 81.86' 40.95 81.84' 5 2"10'55 E 04'1 9 22~ C126 1085.00 81.86 40.95 81.84' S 29'3016 E 04'19 22- C12? 1085.00' 26.81 13.41 26.81' 5 32'22'28 E 01'24'58- C128 190.00' 43.14 21.66 43.05' 5 26034'39 E 13000'36- C129 190.00' 66.10 33.39' 65.77' S 10"06'23 E 19O55'56- C130 190.00' 37.45 18.79 37.39' S {)503023 W 11 1 7 34- C131 25.00 39.27' 2S.00' 35.36 5 33'50 50 E 90'00 00- C132 340.00 35.16' 17.60' 35.15 5 8104836- E 05'55' 32- C13J 2S.00 38.93' 24.66' 35.11 N 50'37'17- E 89012' 43- C134 730.00 66.37' 33,21' 66.35' S 12'25'12- E 05'1234- C135 730.00 75.]3' 37.60 75.10~ S 06052'01 E 05'53 49- C136 730.00' 66.70' 43.40 86.65' S 00'30'S8 E 06'48 1 r C137 730.00' 60.79 30.41 60.77' S 05'1619 W 04'46 1 T C138 1775.00' 21.17 10.58 21.17' S 07'18'58~ W 00'41'00- C139 177S.00' 74.06 37.04 74.06' S 05046"45" W 02'23'26- C140 1775.00 74.06' 37.04 74.06' S 0302318- W 02023'26- C141 1775.00', 74.06 37.04 74.06' S 00'59'52- W 02'23'26- C142 1775.00 23.25' 11.62' 23.25' 5 00034'22- E 00045 01- C14J 845.00 6.76 3.38' 6.76 5 01.1038 E 00'2,7 30- C144 845.00 75.10' 37.57' 75.07 5 03'5706 E 05"05 32- C14~ 845.00 75.10' 37.57' 75.07 5 09"02 40- E 05'05 32- C146 845.00 75.10' . 37.57' 7507 5 14006'12 E 05'05 32- C147 845.00 75.10' 37.57 75.07' S 1913'43- E 05"05 32- C148 845.00 75.10 37.57 75,07' 5 2419'15 E 05005 32- C149 845.00 75.10 37.57 75.07' 5 29'24'47 E 05'05 32- C150 845.00' 16.57 8.28 16.57' 5 32031 14 E 01007 24- C151 430.00' 78.09 39.15 77.99' 5 270S2'46- E 10'24'21- C152 430.00' 99.99 50.22 99.76' S 16000'S4- E 13'19'23" C1S3 430.00' 95.64 48.02 95.44' S 02058'54 E. 12'44'3T C1S4 430.00 19.70' 9.85' 19.70' S 0.4'4210- W 02',37 31- C~ 630,00. 332.82 170.39 328.96' N 17'56'54- W 30016 06" C 1$Go 3020.00 244.0J' 122.08 243.97 5 05'07'44- E 04'3747- Cl57 660.00 206.46 104.08 205.62 5 15'57'41 E 17'55 22" C"g 25.00 58.47' 58.90 46.03 5 74'00'07" E 134'0014" CI~ 50.00 238.9S' 46.76' 68.32 N 04'05'43- W 273'4901" C/(,o 25.00' 59.62' 62.89' 46.46 5 64'29'34- W 136038 27" C fl., 50.00' 43.48' 23.22' 42.13' N 63'54'36 E 49'49 40" CI'-Z 50.00' 32.48' 16.83' 31.91' 5 72'34'05- E 37'12'57" c. 1"3 50.00' 42.25 22.48 41.00' 5 29'45 09- E 48'24'56" c. 1i-4- 50.00 44.41 23.79' 42.96' S 19'535T W 50'5315- c ,,,s 50.00' 31.92 16.52 31.38' 5 63'37 50- W 36'3431" C / (,(, 50.00' 44.41 23.79 42.97 N 72"J8'03~ W 50'53 42" CI'1 2990.00 173.71' 86.88 173.69 S ~o29'31" E. 03<'19'43' eli-I 15.01 7.50 15.01 IS 0r'1800 E 0U"'17 I:) LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 BEARING 5 73'0727 W S 03'25 55 E 5 00'56'53- E 5 00'56 53 E 5 07'26 38 E 5 07'26 38 E S 07'1937 E S 07'19'37 E DISTANCE 23.02 11.69 50.00' 50.00 54.37 55.67' 14.27 23.65 PREPARED BY: DONALD W. MciNTOSH ASSOCIATES. INC. 2200 PARK AVENUE NORTH, WINTER PARK, FL 32789 (407) 644-4068 ! COMMISSION AGENDA ITEM A REGULAR CONSENT X INFORMATIONAL April 28. 1997 Meeting MG~Y\oEP~ Authorization REQUEST: Land Development Division requesting Commission approval for recordation of the plat and supplemental covenants for Winding Hollow Unit 4. PURPOSE: The purpose of this Board Item is to record the plat and supplemental covenants for Winding Hollow Unit 4 (that property located southward of S.R. 434 and to the west of City Hall and to the west of Winding Hollow Boulevard). APPLICABLE CODE: Code Section 9-75. Final Plat, contents and recording procedures. (a) The final plat shall conform substantially to the approved preliminary plan, and shall be submitted to the city planner as follows: (1) The final plat shall include one (1) linen original. If more than one (1) sheet is required, a suitable index map showing the entire development with index for the various sheets shall be shown on the first sheet. (2) The final plat shall show streets, lots, blocks and easements indicating the centerline, width and sidelines of all easement. (3) Surveys and surveying data on the final plat shall be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Special consideration shall be given to the relationship of the proposed plat to existing abutting plants to prevent unintended overlap or omission of lands. (4) Mortgage holders shall execute before two (2) witnesses and a notary public the following certification on plats: "The mortgagee(s) consents and agrees to the platting lands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from the suit and the dedication shall remain in full force and effect." April 28, 1997 Consent Agenda Item Page 2 (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for the perpetual use for all public purposes. (b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted with the final plat. ( c) A letter from an acceptable abstractor shall certifY the following: (1) That the parties executing the plats are owners of the land included therein. (2) All recorded mortgages, liens and other encumbrances. (3) That taxes and assessments have been paid to date. (4) That the description shown on the plat is correct. (d) An appropriate bond submitted in accordance with the bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Section 9-76. Bonding procedures. (a) Surety-performance bond When requesting to record a plat for property with streets to be dedicated to the public in which all improvements have not been installed or have been only partially installed, the developer shall provide a corporate or surety completion bond including a payment of vendors' clause executed by a company authorized to do business in the state and acceptable to the city, payable to the city in the penal sum of the amount of the engineer's estimate or alternative bid estimates for the incompleted portions of the work to be done to provide streets, drainage facilities, street signs, water and sewer facilities, sidewalks and other improvements as shown on the final development plan. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent case in as escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. April 28, 1997 Consent Agenda Item Page 3 Section 9-77. Approval of final plat. The city commission may approve the final plat, considering any applicable agency reports, if the plan is in substantial conformity with the approved preliminary plans and it complies with regulations established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. Section 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plat and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. FINDINGS: 1) Winding Hollow Unit 1 was platted August 22, 1994, Winding Hollow Unit 2 was platted April 10, 1995, and Winding Hollow Unit 3 was platted June 10, 1996. 2) The plat has been reviewed by the Public WorkslUtility Director, Land Development Coordinator, Building Official and City Engineer and found to be acceptable. 3) The City Engineer has determined that the remaining construction cost for Winding Hollow Unit 4 to be $181,863.88. In this regards, the developer has furnished a Performance Bond in the amount of$181,864.00. 4) The plat, supplemental covenants, performance bond and title opinion letter have been transmitted to the City Attorney for his legal review. '" April 28, 1997 Consent Agenda Item Page 4 CONCLUSION: The plat approval application has been found to be consistent with all applicable law and requirements. REcOMMENDA TION: The recommendation is that the Commission approve the recordation of the plat and the supplemental covenants for Winding Hollow Unit 4. ATTACHMENTS: April 15, 1997 - Land Development Coordinator Memo to City Attorney April 14, 1997 - City Engineer Memo establishing amount for Performance Bond March 20, 1997 - Land Development Coordinator Memo to Keith Ruddick outlining Staff comments on the documentation submitted for review prior to platting (all corrections have been done) Winding Hollow Unit 3 Plat Winding Hollow Unit 3 Supplemental Covenants Title Opinion Letter Proposed Performance Bond COMMISSION ACTION: Note: Please return the plats to the Land Development Coordinator. These plats caD be used for addressing requirements. April 15, 1997 ;. To: Frank Kruppenbacher, City Attorney .., Don LeBlanc, Land Development coordinat# From: Re: Winding Hollow Unit 4 Review of Documents prior to Platting Enclosed for your review are the following documents with applicable comments. Please conduct a legal review of these prior to platting. 1) Proposed Plat - This has been reviewed by applicable Staff members and found to be satisfactory . 2) Title Opinion - This appears to be proper pending your legal decision. 3) Proposed Supplemental Covenants - These appear to be proper pending your legal review. These will not be recorded until the City receives signed copies. 4) Performance Bond - This appears to be proper and the amount of$181,863.88 has. been approved by the City Engineer. The surety company is to be United Pacific Insurance Company and the bond is in the amount of$181,864.00. In this regards, I contacted Linda with the Insurance Consumer Hot Line on April 15, 1997. The Company has been licensed in the State of Florida since 1964, meets all statutory requirements, and have no adverse comments on file. This will be an agenda item for the Commission Meeting of April 28, 1997. cc: City Manager (w/o attch) CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327-1800 April 14, 1997 TO: Land Management Specialist, Donald LeBlanc FROM: City Engineer, ~~/7 Mark L. Jenkin$, P.E. ~ SUBJECT: Winding Hollow Unit 4 - Construction Cost For Performance Bond. I am in receipt of the engineer's estimate of construction costs to complete this phase, dated April 7, 1997 (copy attached). This letter was received on April 8, 1997. His estimate is $181,863.88 and I accept this amount to be in general agreement with the amount of construction remaining. I recommend the Performance Bond be based on the above amount. If you have any questions, please let me know. Thank you attachment: engineers letter of April 7, 1997 cc: Public Works/Utility Director (no attachment) .=\~~~~+' .,~:~~t.~ " . "t, ~:~.1~~~~~~~:~'!- March 20, 1997 To: Keith Ruddick McIntosh & Associates From: Don LeBlanc Winter Springs Re: Winding Hollow Unit 4 Plat and Title Opinion The Staff has reviewed the above referenced Unit 4 plat and title opinion and offer the following comments: PLAT: 1) Street names are not listed on the plat. 2) A note should be added to sheet 1 stating: "Yard drains on lots are maintained by the lot owner". 3) There should be a 15- foot wide drainage and utility easement between lots 212 and 213, 7 1/2 feet on each side oflot line. 4) Prior to platting, a performance or maintenance bond/escrow account will have to be submitted. This is coordinated throught the City Engineer's office. TITLE OPINION will have to be supplemented/updated showing that the 1996 taxes have been paid. The 1996 taxes are due for payment on March 31, 1997. . ....~. ~ ""1-. "!........:.~ Bond No. U2152214 PERFORL"IANCE BOND Know all men by these presents, that we Winding Hollow Development Co. as principal, and United Pacific Insurance Company as surety, are held and firmly bound unto the City of Winter Springs, a municipal corporation in the State of Florida, hereinafter referred to as "City" in the penal sum of One Hundred Eighty-One Thousand. Eight Hundred & Sixty-Four & No/100-----($18 1.864.00) dollars for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that: WHEREAS, the above named principal has applied to the City for approval of a planned subdivision of certain lands located in the City of Winter Springs, Florida, which the subdivision is to be known as Winding Hollow Unit 4 and is dated , and has agreed as a condition of approval of said plan by the City to install the improvements shown on the subdivision plans and specifications dated , which improvements may include, but are not limited to paving, curbing, grading, filling, storm sewers, sanitary sewers, bridges, surveying, engineering, and land clearing and other similar improvements, and WHEREAS, the approval of said subdivision plan by the City is further conditioned upon the furnishing of an adequate completion bond to be furnished to the City. NOW THEREFORE, if the principal shall in all respects comply with the terms and conditions of the approval of said subdivision plan, these conditions being more specifically the completion of the improvements shown on the subdivision plan and specifications in accordance with the ordinances and regulations of the City of Winter Springs, Florida, in regard to subdivision improvements and according to the plans, specifications and schedules covering said work and such approved additions, amendments, or alterations as may be made in the plans, specifications and schedules for such work as approved by the City and shall complete all said work on or before September 1. 1997 then this obligation shall be voided, otherwise remaining in full force and effect. And the said surety, for value received, hereby stipulates and agrees no change involving an extension of time, alteration or additions to the terms of the contract or to the work to be performed or materials to be furnished thereunder or in the plans, specifications and schedules covering same shall in any way affect said obligation of said surety on this bond and said surety does hereby waive notice of any such changes, extensions of time, alterations or additions to the work or the p'lan, specifications and schedules. This bond shall be for the use and benefit of the City of Winter Springs, Florida. Ifit should elect to proceed with said work upon the failure or refusal of the principal to complete said work by the date hereinabove specified or any subsequent date provided through an agreement 1 between the principal and the City for an extension of time, it is expressly understood and agreed that the liability of the surety for any or all claims hereunder shall in no event exceed the penal amount of this obligation herein stated. It is expressly understood that the City may declare the bond forfeited if the conditions herein have not been fully complied with in every respect and that the City may install the improvements and pay for them out of the forfeited bond fund. IN WITNESS WHEREOF, the principal and surety have caused these presents to be duly executed the 8th day of April 1997. Winding Hollow Development Co. ::~~ United Pacific Insurance Company Surety B Countersigned by: ~L~- Licensed eSldent Flonda Agent 2 RELIANCE SURElY COMPANY UNJTED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY CO~ANY ADMINISTRATIve OFFICE. PHILADElPHIA, PENNSYlVANIA POWER OF ATI'ORNEY KNOW AU. MEN BY THESE PRESENTS, that REUANCE SURETY COMPANY Is a co~tion duly organized under the laws of the State of Oef- ...., end that REUANCE INSURANCE COMPANY and UNITED PActAC INSURANCE COMPANY, ent corporations duly orgarized under the laMl of.,. Commonwealth of Pennsylvania and that REUANCE NATIONAlINDEMNrTY COMPANY Is. corpomion duly organized under the IaMl of .,. State of Wi.consin (herein collectiYely called -the Companie.-' and that the Companies by Wtue of lignature and seals do hereby make, oonsdtute and appoint Edwin L OwnnYW..IoMph M. Berw*'9V, D*M LOa_yet, Mac B.lAnitt.. lAurw Hall. Ricnard H. M_, Gregory R. o.._I~.. of Columbus. Ohio their true and lawful Attomey(.Hn-FCICt. to make, execut., .... and deliwr f<< and Oft their behalf, and lIS their ect end dMd ..y and all bondc and undertMinp of auntywhip and to bind the Compenia thereby as fuRy and to the sarno extent as if such bonds end undert8lcings and other writings obIi~ In the nature thereof w.re signed by an ExecutiYe Officer of the Companies and seal.d and .nested by one other of such officers. and hereby ratifies and confirms aU tha~ their..~ Attomey(.}-in-FCICt may do in pursuance hereof. This Power of Attorney is granted under and by the authority of ^i1iclo VII of the By-laws of REUANCE SURETY COMPANY. RaJANCE INSURANCE COMPANY. UNITED PACIAC INSURANCE COMPANY, and REUANCE NATIONAL INDEMNITY COMPANY which ~ .. now in full force and effect, reeding as follows: . f NITIa.E W . e:xa:uTlOtI Of' 80HDS NIt) UNOERTMlNGS 1. 11w __ ., ~ !he PNeidont, !he a.-- ., !he '-' _ .....1Iioe ......... _ Vioo ........ _ ......... ............. _ __ ~ ....... Irr!he ao.d ., ~......... _..., -...rtry c. (.oJ ___ ~...... ......... _ c. _.. _ "!he~. _................ ____ __.,--....;cy ............. elliGetory In !he -.. ltwoeof...., Ill.. _ _.. ~. _..... _ _!he _...,...a.rily o;-.tlelfwft. 2. ~........... _ .... euIhMly. eoAIjed.. _ _ ........... .,.. "-., ~..... .. __ .._........... of _~._ .... -A......~ riOJa ....-. -- ., --.,. .... _ ............... In !he _.-. tM __ _ ;. .... ~ ... _ ....." ., _ _ ..., ..-....- _ .i>-_ __ of --....;cy _ _ --. ~ in !he _---. a. ~........... _ _ euIhMly tie _ ......... ___ .... _ .. -. ____ __ ., .......,;cy _ _ ---.... . aIoIia..., -........_.... tIwy..... -...... _ ...,..-;cy Ie owOfy!he........ _"!he ~ _ Ie......., IN ~.,!he ~ _ _ ... _ wction....... 'noli "-., ~;. ..... _ -Irr f_ _ -Irr ..-;cy., !he f~ __ e60pMd Irr IN ~ _ ~ ~ "!he ......, DiNctera of I\eli.- ---~. \Iftited Pociflc -.__ c:o..-..o,..., __................., ~ Irr ~ c:- _ _.,........, 28. 111M end Irr!he e.-.w. _ firw..w c--..."!he __ ~ DiNdon of __ s...ty ~ Irr ~ c:o.-.c _ _ ~ M_ 31. 18M. . ........, - !he ~ of _ __ _ _ ""!he _ ., !he c-.., _.. __ Ie.... _ _ ., -..., _ _ ......... NiMino -Irr .............. ...... "- of Momoy _ ~ ~ _....... ~ _ f_ _ ..... ... ..... ..., .... _!he ~ _ _ .. "- eo - - _led Irr f_ ~ _ f_ _........ __..., bindina _IN~, in IN __...." _ co _ _ _ ~ ..wfIkft It 10 ~. IN WITNESS WHEREOF. the Companies have caused those pre.ents to be signed and their corporate seals to be hereto affixed, this March 11, 199C. . ....~ ;~.-;) \..Qi ~~ f~ ~~ STATE OF Pennsytvflnia COUNTY OF Philadelphia \ ss. . ~ R.ELIANCE SURETY'COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ~4~ ~ On 1:hi8. MMd111, 1996. before mo. Tammy Sue K..'(8d, personally appeared F. M..Sc:hwait. who acknowledged himsel.f to be tho Vice President of the R.&ance Surety Company. Reliance Insurance Comp4Iny. United Pacffic Insurance Company, and Reliance Nationallndomnitv Company and diet _ MlCh, being authorized to do so, executed the foregoing instf\lmOnt for the purpose therein contained by signing tho name of the ~ by himself as its duly authorized officer. In witrMa whereof, I hereunto sot my hand and official aeaI.. for the State of P pm .. AnIt8 ZJppett. 'Secretary of REUANCE SURETY COMPANY, REUANCE INSURANCE COMPANY, UNITED PActAC INSURANCE COMPANY, and RSJANCE NATIONAL INDEMNITY COMPANY do hereby certify that the abow and foregoing i. a tNe and correct copy of tho Power of Attorney executed by aaid Companies, which is still In fuR force and effect. . IN WITNESS WHEREOF,I have hereunto.et my hand and affixed the .eaIs of said Companies this 8t of Aoril 1922-. (r- . ! ,,'l.I4.~ ...~~...) .: ~ )s \~\ If ..\. ~ /~ \.~)' ~ ~ : . UNITED PACIFIC INSURANCE CO:MPANY PHILADELPHIA, PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31, 1996 ASSETS Cash and Bank Deposits................................. ................. ........................................................... $ Securities... ................................... ................................................................................................ Premium Balances (Under 90 days)........................................................ ......................... ............ Accrued Interest and Dividends.................... ............................................................................... Federal I ncome Taxes............................................... ............................................................ ....... Other Assets .................. ..................................... ............................................................... ........... Total Admitted Assets... ............................. .............................................................. ..... ........ $ LIABILITIES Losses and Loss Adjustment Expense ............................. ........... ... ......... .................................... $ Unearned Premiums......................................................................................... .................. .......... Other Taxes......................................... ........................ ........ ............................. ............................ Other Liabilities....................................................... .............................................................. ........ Total Liabilities................................................................................................... ........ ........... $ CAPITAL AND SURPLUS Capital Paid Up ................................................... ......................................................................... $ Surplus........... ....................................................................................................................... ....... Total Policyholders' Surplus........................................... ....................... ...................... ......... Total Liabilities, Capital and Surplus........ ......................................... .................... ..... ..... ..... $ State of Washington ) County of King ) SS. 675,398 97,767,144 (6,809,903) 1,505,145 116,235 31.227.601 124.481.620 27,721,644 8,424,070 107,705 27.945.971 64.199.390 3,000,000 57.282.230 60,282.230 124.481.620 Larry C. Mitchell, being duly sworn, says: That he is Vice President of the UNITED PACIFIC INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of September 13, 1982, as amended (31 U.S.C. ~9301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31 st day of December 1996. Sworn to me this 14th day of March, 1997. ~ g. &~12 ~c.~ Vice President Janis J. Crossland. Notary Public. State of Washington. County of King. My Commission Expires February 5. 2000. BDU-1421 3/97 THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (UNIT 4) THIS SUPPLEMENTAL DECLARATION, made as of April ~, 1997, by WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declarant." RECITALS A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: Winding Hollow Unit 4, as per plat thereof recorded in Plat Book , Page , Public Records of Seminole County, Flori~ hereinafter referred to as the "Subject Property". B. Declarant has heretofore placed of Public Record that certain Declaration of Covenants, Conditions and Restrictions dated June 30, 1994, and recorded September 16, 1994, in Official Records Book 2824, Page 1925 et sea., hereinafter referred to as the "Original Declaration", the Supplemental Declaration of Covenants, Conditions and Restrictions for Unit 2, dated October 19, 1994, and recorded April 12, 1995, in Official Records Book 2903, Page 1145 et sea., and the Supplemental Declaration of Covenants, Conditions and Restrictions for Unit 3, dated May 22, 1996, and recorded June 12, 1996, in Official Records Book 3086, Page 1301, et sea., all of the Public Records of Seminole County, Florida, C. The Subject Property lies within the Property, as described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subj ect Property will be developed into residential uses with lots, streets, street lights, open spaces, and other common areas and improvements for the benefit of the Owners of the Subject Property, as such are reflected on the plat of the Subject Property. F. Declarant desires to provide for the preservation and enhancement of the property values and amenities and opportunities in the Subject Property contributing to the personal and general health, safety and welfare of the Owners and for the maintenance of Common Areas within the Subject Property and, to this end, desires to annex: the Subj ect Property to the scheme of the Original Declarat10n and to the Properties, as described and defined in the Original Declaration, and to subject the Subject Property to the covenants, conditions, restrictions, easements, charges and liens therein and hereinafter set forth, each and all of which shall be binding upon and run with the title to the Subject Property, and is and are for the benefit of all of the Subject Property and each Owner thereof. G. Declarant has created a non-profit corporation, Winding Hollow Homeowners' Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein or in the Original Declaration. NOW, THEREFORE, the Declarant for itself and its successors and assigns, declares that the Subject Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") contained in the Original Declaration and those hereinafter set forth. ARTICLE I - DEFINITIONS The capitalized terms used in this Supplemental Declaration (unless the context shall otherwise indicate) shall have the meanings set forth in the Original Declaration. ARTICLE II - PROPERTY SUBJECT TO THIS SUPPLEMENTAL DECLARATION The Subject Property is and shall be held, transferred, and occupied subject to this Supplemental Declaration and the Original Declaration. The terms and provisions of the Original Declaration are hereby declared to encumber and benefit the Subject Property and each and every Owner thereof and said terms and provisions are incorporated herein by this reference as if set forth herein verbatim. Tracts B of the Subj ect Property is intended to constitute Common Area, as defined in the Original Declaration. This Supplemental Declaration is made pursuant to the terms of the Original Declaration for the purposes of annexing the Subj ect Property to the scheme of the Original Declaration and to the jurisdiction of the Association. ARTICLE III - AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right to (a) amend this Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency among the provisions contained herein or between the provisions hereof and those of the Original Declaration, (b) include in any contract or deed or other instru- ment hereafter made any additional covenants and restrictions applicable to the Subject Property which do not lower the standards of the Original Declaration or this Supplemental Declaration, (c) release any Lot from any part of the covenants and restrictions contained herein which have been violated if the Declarant, in its sole judgment, determines such violation to be a minor or insubstantial violation; (d) amend this Supplemental Declaration without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owner or first mortgagee; and (e) to amend this Supplemental Declaration during the first two (2) years after same has been recorded to comply with the request of any mortgagee referred to in the Original Declaration. The foregoing amendments may be made without the joinder or approval of any Owner, Mortgagee or the Association. ARTICLE IV - AMENDMENT Any provision, covenant, or restriction set forth herein may be amended in accordance with the Original Declaration. This Supplemental Declaration may not be amended in any manner as to result in conflict with the terms of the Original Declaration or of the Association Articles or Bylaws. ARTICLE V - DURATION AND TERMINATION The covenants and restrictions of this Supplemental Declara- tion shall run with and bind the Subject Property, and shall inure to the benefit of and be enforceable by the Declarant, the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for so long as the Original Declaration remains effective. Anything in this Supplemental Declaration to the contrary notwithstanding, until the mortgage or transfer of title by Declarant to the first Lot in the Subject Property, Declarant unilaterally may terminate this Supplemental Declaration and remove the Subject Property from the scheme of the Original Declaration. ARTICLE VI - ENFORCEABILITY Section l. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction, for the purpose of preventing, or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Supplemental Declaration or the Original Declaration. The failure of the Declarant, its successors or assigns, or the Association or an Owner, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. -3- Section 2. Severability. The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to be executed in its name and its seal to be affixed hereto the day and year first above written. WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership By: Pizzuti Equities, Inc., a Delaware corporation, as managing general partner ~g4ture . Print Name: lilt. /..51/I.//s ACKNOWLEDGMENT BY DECLARANT STATE OF OHIO COUNTY OF FRANKLIN I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Richard C. Daley, Vice President of Pizzuti Equities, Inc., the managing general partner of WINDING HOLLOW DEVELOPMENT COMPANY, and that he acknowledged executing the foregoing Supplemental Declaration on behalf of the partnership in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said partnership. WITNESS my hand and official seal in the County and State last aforesaid this } \p day of April, 199 . (NOTARY SEAL) No ary Publ~9 pri t Name: Nb\JA. 'S .Wi~ Expires: \'2..\s14~ NOVA S. WITTE ROTARY PUBLIC. STATE OF OHIO MY COMMISSION EXPIRES DEe 5. 1999 f:\real\846\pizzuti\windholo\unit4\suppdec.doc -4- JOINDER BY MORTGAGEE BARNETT BANK, N.A., successor by merger to BARNETT BANK OF CENTRAL FLORIDA, N.A., a national banking association, the owner and holder of that Mortgage dated February 25, 1994, recorded March 4, 1994, in Official Records Book 2737, Page 1567, Public Records of Seminole County, consents to the placing of the foregoing covenants, conditions and restrictions on the Subject Property and further covenants and agrees that the lien of its Mortgage is and shall stand subordinate to the said Supplemental Declaration and the Original Declaration therein referred to (except to the extent otherwise provided in the Original Declaration) as if said covenants, conditions and restrictions had been executed and recorded prior to the recording of its Mortgage. IN WITNESS WHEREOF, BARNETT BANK, N. A., has caused these presents to be executed by its undersigned officer on April ~, 1997. Signed, sealed and delivered In the presence of: BY MORTGAGEE 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 Bradley J. Carpenter well known to me to be a Vice President of BARNETT BANK, N.A., successor by merger to BARNETT BANK OF CENTRAL FLORIDA, N.A., and that he acknowledged executing the foregoing Joinder of Mortgagee on behalf of the corporation in the presence of two subscribing witnesses freely and voluntarily under authority vested in him by said corporation. WITNESS my hand and official seal in the County and State last aforesaid this I g~ day of April ~, .1997. '--I Notary ublic p Print ame: O'h\~('t)~\~OtA My Commission Expires: (NOTARY SEAL) f:\real\B46\pizzuti\windholo\unit4\suppdec.doc o IA N RY MILAGROS PERDCMO Na!' ARY PUBLIC 5T ATE OF FlORIDA - 5 - Ct)~,~MI."5'(lN NO. CC4ZZ-t67 i'.:Y CG~;MI~.!;'\\: F~':F. A."i. 'i.im NAGUIRE, VOORHIS & "\-VELLS, P..:\. ,-QJ/tt(}-Nl~d at ~tc. TWO SOUTH ORANGE PLAZA 2 SOUTH ORANGE AVENUE WRITER'S DIRECT DIAL ORLANDO, FLORIDA 32801 TELEPHONE (4071 244-1100 FACSIMILE (4071 423'8796 (407) 244-1113 Facsimile: (407) 648-9087 MAILING ADDRESS: P. O. BOX 633 ORLANDO. FLORIDA 32802 April 9, 1997 Mayor and City Commission City of Winter Springs Winter Springs, FL RE: Plat of Winding Hollow Unit 4 Dear Mayor and Commissioners: Maguire, Voorhis & Wells, P .A. represents Winding Hollow Development Company, a Florida general partnership, in connection with the platting of the land described in Exhibit A, attached (IISubject Propertyll), as Winding Hollow Unit 4, as depicted in the plat drawing of Winding Hollow Unit 4 prepared by Donald A. McIntosh Associates, Inc., to be certified by Keith Ruddick, Florida Registered Surveyor No. 2617 (the "Plat"). It is the opinion of this law firm, based on the Certificate of Title Information for the Filing of a Subdivision Plat issued by Fidelity Title & Guaranty Company, Fidelity File No. 97.00363 (IITitle Certificatell), that as of March 25, 1997 at 5:00 p.m., the current record title to the Subject Property is in the name of Winding Hollow Development Company, a Florida general partnership, which is the party executing the Plat, subject to those matters listed in the. Title Certificate, copy attached. I have reviewed the Plat, the Title Certificate and the legal description for the Subject Property as stated in Exhibit A. The legal description of the Subject Property matches the boundary of the Subject Property as drawn and shown on the Plat drawing. The legal description of the Subject Property matches the legal description shown on the Plat. The legal description of the Subject Property matches the legal description in the Title Certificate. ORLANDO M EL80U RN E TAVARES TALLAHASSEE City of Winter Springs April 9, 1997 Page 2 The Title Certificate states that 1996 Real Estate Taxes applicable to the Subject Property have been paid. This letter does not purport to be a complete resume of all matters affecting title and is limited to an opinion as to the record title holder of and encumbrances upon the Subject Property. Very truly yours, MAGUIRE, VOORHIS & WELLS, P.A. By,~tIIlvd COTT E. WILT, ESQ. SEW/jst (r:\real\846\pizzuti\windholo\unit4\platopi4.1tr) DESCRIPT10N: That port of BloCk "0.. D. R. MITCHEU'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof recorded in Plat Book I, Page 5, of the Public Records of Seminole C~unry, Floriaa, described as fol/ows: BEGIN at the Southwest comer of Tract -A -, 'MNDING HOLLOW UNIT 2. according to the plat thereof recorded in Plot BOOk 48, Pages 85 througn 88 of the Public Records of Seminole County. F7orida. and run N 89'OJ'07- E along the South line of said Tract -A -, for a distance of 537.90 feet; thence run N 81'J5'56- E along said South line for 0 distance of 130.20 feet to the Southeast comer of said Tract -A- said comer being on 0 curve concaw Northeasterly having a radius of 780.00 feet, 0 central angle of 0918'J6- and whose radIal line from said Southeast corner bears N 81'35'56- E; thence run Southeasterly along the arc of said curve and the Westerly rigl:!t-of-way line of Winding Hal/ow Boulevard for a distance of 126.74 feet to a point of reverse curvature of 0 curve concave Westerly having a rcC/ius of 900.00 feet and a central angle of 25'22'08-; thence run Southerly along the ore of said curve and said right-of-way line for a distance of 398.49 feet to 0 poInt of reverse curvature of 0 curve concave Easterly having a radius of 1605.00 feet and a central angle of 08'36'20-; thence run Southerly 'izI~g the arc of said curve and said right-of~way line for a distance of 241,07 feet to the point of tangency; thence run. S 00'56'5J- E along said right-of-way line for a distance of 50.00 feet to the point of curvature of 0 curve concave Northeasterly having a radius of 675.00 feet and.a central angle of 32'08'04-; thence run Southeasterly along the arc of said curve and said right-of-way line for a distance of 378.57 feet to the end of said curve; thence run N 56'55'OJ- E (radial to said curve) along the boundary line of WINDING HOLLOW UNIT 3 according to the plat thereof recorded in Plot Book 50, Pages 73 through 75 of said Public Records for a distance of 60,77 feet to point on 0 non-tangent curve concave Northeasterly having a radius of 25.00 feet and a central angle of 14'OO'J6-; thence run Southeasterly along the arc of said curve and said boundary line for a distance of 6.11 feet to 0 point of reverse curvature of a curve concave Southwesterly having a radius of 660.00 feet and a central angle of Or38'05-; thence run Southeasterly along said ,boundary line for a distance of 87.95 feet to a point of non- tangency; thence run N 89'03'07- E along said boundary line for 0 distance of J06.18 ~eet; thence ron S 00"56'5J- E along said boundary line for a distance of' 455.05 feet; thence ron S 81'04'02- W for 0 distance of 2J4.25 feet; thence run S 0776'38- E for a distance of 315,11 feet; thence run S 81'04'02- W for a distance of 221.61 feet; thence run S 88'32'05- W for a distance of 152.J3 feet; thence run S J4'32'14- W for a distance of 115.71 feet to a point on the North line of lands described in Official Records Book 1784, Page 809 of said Public Records; thence run S 89'56'09- W along the North line of said lands far a distance of 780.60 feet; thence run $ 47"48'27- W along the Westerly line of said lands for 0 distance of J81,07 feet: thence run S 00'03'51- E along said Westerly line for a distonce of 824. OJ feet: thence run S 89'54'28u W for a distance of 714-.28 feet to a point on the Ease line of NORTH ORLANOO RANCHES SECnON I, according to the plat thereof recorded in Plat Book 12, Page J of said Public Recoras; thence run N 00'5J'2J- W along said East line for 0 distance of 20.93 feet to the Southeast corner of NORTH ORLANDO RANCHES SECnON 5, according to the plat thereof recorded in Plot Book 12. Pages 58 and 59 of said Public Records; thence continue N 00'53'23- W along the East line of said NORTH ORLANDO RANCHES SECTION 5 and the East iine of NORTH ORLANDO RANCHES SECT10N 2-A. according to the plat thereof recorded in Plot Book 12. Pages 39 through 4.1 of said Public Records for a distance of 1550.82 feet to the Southwest corner of NORTH ORLANDO RANCHES SECT10N 10. according to the plat thereof recorded in Plat Book 13, ,cages 32 and 33 of said Public Records; thence run the following 13 courses along the Southerly and Easterly boundary lines of said NORTH ORLANDO RANCHES $ECnON 10: N 89'06'3r E. 438.15 feee: S 69"14'43- E. 552.94 feet: .IV 89'06'3r E. 206.23 feet: .'J 52"14'25- E. 100.00 feet; .IV 89 06'3r E. /95.67 feet; N 13 51'14u E. 796.47 feet: N 00'5J'23- tv. 190.00 feet: N 60'37'36- W. /83.16 feet: N 19'32'43- ',y, 174.21 feet: ,'J 00'53'23" W, 340.10 feet: N 06;4'36- E, 4.00.22 feee: tV 23'52'38u ~V, 166.29 feee; thence run N 10'09'56- tv along said Easterly boundary line ana the Easterly boundary line of NORTH ORLANOO RANCHES SECi70N 9, accoraing to the plat thereof recoraea in Plat Book 13. Pages /1 ana 12 of said Public P?ecords for 0 distance of 229.57 'eet :0 the POINT CF BEGINNING. Con taining 53.575 acres more or less. EXHIBIT A :>e>- FIDELITY TITLE & GUARANTY CO. ~ :>e>- ESTABLISHED 1883 A wholly owned subsidiary of First American Title Insurance Company CERTIFICATE OF TITLE INFORMATION FOR THE FILING OF A SUBDIVISION PLAT IN CITY OF WINTER SPRINGS, SEMINOLE COUNTY FILE NO. 97.00363 UPDA TED A search of the Public Records of Seminole County, Florida, through March 25, 1997 at 5:00 p.m. reveals the following with respect to the legal description of the property set out on the subdivision plat of Winding Hollow Unit 4 (not yet recorded), said legal description attached hereto as Exhibit A and made a part hereof: A. The last deed of record was dated June 28, 1993 and filed July 8, 1993 in Official Records Book 2612, Page 801, Public Records of Seminole County, Florida. B. The record title holder is Winding Hollow Development Company, a Florida general partnership, formerly known as Pizzuti Land Company (see Partnership Affidavit filed July 5, 1994 in Official Records Book 2794, Page 233). C. The name(s) of the record title holder coincides with the name(s) shown as owner(s) on the unrecorded plat of Winding Hollow Unit 4. D. Unsatisfied mortgages or liens encumbering said property are as follows: I. That certain Mortgage executed by Winding Hollow Development Company, a Florida general partnership, in favor of Barnett Bank of Central Florida dated February 25, 1994 and filed March 4, 1994 in Official Records Book 2737, Page 1567, in the original principal amount of $3,600.000.00; Financing Statement filed March 4, 1994 in Official Records Book 2737, Page 1595, Public Records of Seminole County, Florida. E. Conflicting rights of way, easements or plats affecting said property are as follows: 1. Utility Easement and Ingress/Egress Easement in favor of North Orlando Water & Sewer Corporation filed January 27,1983 in Official Records Book 1435. Page 275, Public Records of Seminole County, Florida. (as to Tract A) 2. Easement over south 60 feet (item 4 of Exhibit lOB") recited in Warranty Deed filed October 8. 1987 in Official Records Book 1894. Page 1630. Public Records Public Records of Seminole County. Florida. (as to Tract A) 2233 LEE ROAD SUITE 101 WINTER PARK. FL 32789-1883 PHONE: (407) 740-7131 FAX: (407) 74CJ.6275 Page 2 3. Distribution Easement in favor of Florida Power Corporation filed February 23, 1983 in Official Records Book 1439, Page 1867, Public Records of Seminole County, Florida. 4. Conservation Easement in favor of S1. John's River Water Management District filed January 18, 1994 in Official Records Book 2714, Page 657, Public Records of Seminole County, Florida. 5. Conservation Easement in favor of Florida Depanment of Environmental Regulation filed January 18, 1994 in Official Records Book 2714, Page 670, Public Records of Seminole County, Florida. F. Other information regarding said property includes: 1. That certain unrecorded Settlement Agreement between Florida Land Company and The City of Winter Springs, Florida, filed December 9, 1985 as referenced in Warranty Deed dated October 7, 1987 and filed October 8, 1987 in Official Records Book 1894, Page 1630, Public Records of Seminole County., Florida. 2. Developer Agreement executed by 434 Partnership, a Florida general partnership, in favor of The City of Winter Springs, Florida, a municipal corporation, dated June 22, 1988 and filed August 26, 1988 in Official Records Book 1990, Page 1333; Assignment of Agreement in favor of Gulfstream Housing Corp. filed May 29, 1991 in Official Records Book 2299, Page 203, Public Records of Seminole County, Florida. 3. Unrecorded Developer's Agreement dated October 5, 1984 as referenced in Assignment of Agreement in favor of Gulfstrearn Housing Corp. filed May 29, 1991 in Official Records Book 2299, Page 197. Public Records of Seminole County, Florida. 4. Assignment of Developer's Rights in favor of AB Homes Joint Venture filed December 12, 1991 in Official Records Book 2367, Page 1736, Public Records of Seminole County, Florida. 5. Assignment' of Plat Rights in favor of AB Homes Joint Venture filed December 12,1991 in Official Records Book 2367, Page 1762, Public Records of Seminole County, Florida. G. Ad valorem taxes on said property are paid through 1996. 1996 Real Property Taxes in the gross amount of $6.621. 86 are Paid as to Tax Parcel J.D. Number 26-20-30-5AR-ODOO-0280. 1996 Real Property Taxes in the gross amount of $10.628.36 are Paid as to Tax Parcel J.D. Number 26-20-30-5AR-ODOO-0780. Page 3 CERTIFICATE OF TITLE mFORMA TION FOR THE FILING OF A SUBDIVISION PLAT IN CITY OF WINTER SPRINGS, SEMINOLE COUNTY This certificate is made for the purpose of furnishing the information required for the filing of the above referenced subdivision plat in accordance with the provisions of Chapter 177.041 of the Florida Statutes and the requirements of the City of Winter Springs and Seminole County Land Development Code. It has been prepared expressly for the appropriate governing body as defined by Chapter 177.071 (F S) and it is not to be relied upon by any other group or person for any other purpose. FIDELITY TITLE AND GUARANTY CO. By: Larry P. Deal, Vic 9700363r.2plt\CS\cs Proofed by_ DESCRIPT70N: That part of Block '0. - O. R. MITCHELL'S SURVEY OF iHE LEVY GRANT ON LAKE JeSSUP, according to the plat thereof recorded in Plat Book I, Page 5, of the Public Records of Seminole County, F1orida. described as follows: BEGIN at the Southwest comer of Tract -A -, WINDING HOLLOW UNIT 2. according to the plat thereof recorded in Plat Book 48. Pages 85 through 88 of the Public Records of Seminole County, Florida. and run N 89'03'07- E along the South line of said Tract -A -, for a distance of 537.90 feet; thence run N 81'35'56- E along said South line for a distance of 130.20 feet to the Southeast corner of said Tract -A - said comer being on a curve concave Northeasterly having a radius of 780.00 feet. a central angle of 0918'36- and whose radial line from said Southeast comer bears N 81'J5'56- E; thence run Southeasterly along the arc of said curve and the Westerly rigl1t-of-way line of Winding Hollow Boulevard for a distance of 126.74 feet to a paint of reverse curvature ot a curve cancave Westerly having a radius of 900.00 feet and 'a central angle of 25'22'08-; thence run Southerly along the arc of said curve and said right-of-way line for a distance of J98.49 feet to a poInt of reverse curvature of a curve concave Easterly having a radius of 1605.00 feet and a central angle of 08'36'20-; thence run Southerly 'ai~g the arc of said curve and said right-of..,.way line for a distance of 241.07 feet to the point of tangency; thence run. S 00'56'53- E along said right-of-way line for a distance of 50.00 feet to the point of curvature of a curve concave Northeasterly having a radius of 675.00 feet and_a central angle of 32'08'04-; thence run Southeasterly along the arc of said curve and said right-at-way line for a distance of 378.57 feet to the end of said curve; thence run N 56'55'03- E (radial to said curve) along the boundary line of WINDING HOLLOW UNIT 3 according to the plat thereof recorded in Plat 800k 50, Pages 7J through 75 of said Public Records for a distance of 50.77 feet to point on a non-tangent curve concave Northeasterly having a radius of 25.00 fee.t and a central angle of 14'00'36-; thence run Southeasterly along the arc of said curve and said boundary line for a distance of 5.11 feet to a point of reverse curvature of a curve concave Southwesterly having a radius of 660.00 feet and a central angle of 07"38'05-; thence run Southeasterly along said ,boundary line for a distance of 87.95 feet to i:J point of non- tangency; thence run N 89'03'07- E along said boundary line for a distance of 306.18 ~eet; thence run S 00"56'53- E along said boundary line for a distance 0(: 455.05 feet; thence run S 81'04'02- W for a distance of 234.25 feet; thence run S 07'26'38- E for a distance of 315.11 feet; thence run S 81'04'02- W for a distance of 221.61 feet; thence run S 88'32'05- W for 0 distance of 152.33 feet; thence run S 34'32'14- W for a distance of 115.71 feet to a point on the North line of lands described in Official Records Book 1784. Page 809 of said Public Records; thence run S 89'56'09~ W along the North line of said lands for a distance of 780.60 feet; thence run S 47"48'27- W along the Westerly line of said lands for 0 distance of 381.07 feet: thence run S 00'03'51 ~ E along said Westerly line for 0 distance of 824. OJ feet; thence run 5 89'54'28- W for a distance of 714.28 feet to 0 point on the east line of NORTH ORLANDO RANCHES SECTION I, according to the plot thereof recorded in Plat Book 12. Page 3 of said ,"ublic RecordS; thence run N 00'53'23- W along said East line for 0 distance of 20.93 feet to the Southeast corner of NORTH ORLANDO RANCHES SECTION 5. according to the plat thereof recorded in Plat Book 12. Pages 58 and 59 of said Public Records; thence continue N 00753'23- W along the East line of said NORTH ORLANDO RANCHES SECTION 5 and the East line of NORTH ORLANDO RANCHES SECTION 2-A. according to the plat thereof recorded in Plat Book 12. Pages J9 through 41 of said Public Records for a distance of 1550.82 feet to the Southwest corner of NORTH ORLANDO RANCHES SECT70N 10, according to the plat thereof recorded in Plat Bool< 1J. Pages 32 ond 33 of said Public Records; rhence run the following 13 courses along the Southerly and Easterly boundary lines of said NORTH ORLANDO RANCHES SECTION 10: N 89'06'3r E. 438.15 feet: S 6914'43~ E. 552.94 feet: N 89-05'37- E. 206.2J feer; N 5214'25~ ~. 100.00 feet: N 89 06'37- e. 195.67 feet: N 13 51'14- E' 196.47 feet: N 00'53'23~ W. 190.00 feet; N 50'J7'36~ W. 78J.16 feet: N 19'32'4J~ iV. 174.21 feet; .'II 00'53'23- 'IV. 340.10 feet; N 0614'J6~ E. 400.22 feer; N 23'52'J8- W. 166.29 feet; thence run N 10'09'56# tV along said Easteny boundary line and the Easterly boundary iine of NORiH ORLANDO RANCHES SECTION 9. accoraing to the plat thereof recoraea in Plat Book 13. Pages 11 ana 12 of said Public Records for a distance of 229.57 feer :0 the POINT OF" BEGINNING. Containing 58.575 acres more or less. EXHIBIT A ~ 'dJ/ {) fIJ '0 . VI f -' .~ iii' \I' d ~ ." 3 Op l' ....J..- ., ,", --,,'. ~ ~ c j 't ~ fnuf , ~.) THIS DOCUMENT PREPARED BY 1dH) AFl'l!::!t :!tI!:COltDIU8 ~.LuKrr'I'O: w (J) N rrlW :XI"\) z o r- ~ ("') o C) . SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 ------------------------------------------------------- WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS .." r -.J 0'\ (UNIT 4) THIS SUPPLEMENTAL DECLARATION, made as of April ~, 1997, by WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declarant." RECITALS A. Declarant owns real property situate, lying and Seminole County, Florida, more particularly described as be ing iIC::;) follows :.po (J1 ......., Winding Hollow Unit 4, as per plat thereof recorded in Plat Book~, Page \,-~l, Public Records of Seminole County, Florida. hereinafter referred to as the "Subject Property". B. Declarant has heretofore placed of Public Record that certain Declaration of Covenants, Conditions and Restrictions dated June 30, 1994, and recorded September 16, 1994, in Official Records Book 2824, Page 1925 et sea., hereinafter referred to as the_ "Original Declaration", the Supplemental Declaration of Covenants, ~ Conditions and Restrictions for Unit 2, dated October 19, 1994, and::!!: recorded April 12, 1995, in Official Records Book 2903, Page 1145~ et sea., and the Supplemental Declaration of Covenants, Conditions I and Restrictions for Unit 3, dated May 22, 1996, and recorded June-- 12, 1996, in Official Records Book 3086, Page 1301, et sea., all of-o the Public Records of Seminole County, Florida, ~ fS> Property, as ~ C. The Subject Property lies within the described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subj ect Property will be developed into residential uses with lots, streets, street lights, open spaces, and other common areas and improvements for the benefit of the Owners of the Subject Property, as such are reflected on the plat of the Subject Property. F. Declarant desires to provide for the preservation and enhancement of the property values and amenities and opportunities we 0...., 0.." ~- Q l> r :::0 rr1 n ~o ;"> :::0 (.jC :.." (J) 0') C) Vl' r"lf'l:x :x~~ zo::O <:) "'" -< r- ~ ('1 ('") % n;oZ onf'Tl CC:t 2::;0 ~l :;c :< g (/) .::::!cfTl , ::;0 --4 ;0 fT\ ("') C) ::0 C rr1 o ~ < ,.., ::0 :;; rr1 o in the Subject Property contributing to the personal and general health, safety and welfare of the Owners and for the maintenance of Common Areas withi~ the Subject Property and, to this end, desires to annex the SubJ ect Property to the scheme of the Original De~l~ration and t~ the properties~ as described and defined in th~ Orlglnal Declaratlon, and to subJect the Subject Property to thet covenants, conditions, restrictions, easements, charges and lien~ therein and hereinafter set forth, each and all of which shall b~ binding upon and run with the title to the Subject Property, and ilr and are for the benefit of all of the Subject property and eacg Owner thereof. W N W N <::) coo 0..., 0-" ::1:- (") - l> r :.:u ;"T1 n 1:.10 >>::0 G")O ;,., (/') ..., r- G. Declarant has created a non-profit corporation, Winding Hollow Homeowners' Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein or in the Original Declaration. -.I -.I NOW, THEREFORE, the Declarant for itself and its successors and assigns, declares that the Subject Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") contained in the Original Declaration and those hereinafter set forth. ARTICLE I - DEFINITIONS The capitalized terms used in this Supplemental Declaration (unless the context shall otherwise indicate) shall have the meanings set forth in the Original Declaration. ARTICLE II - PROPERTY SUBJECT TO THIS SUPPLEMENTAL DECLARATION The Subject Property is and shall be held, transferred, and occupied subject to this Supplemental Declaration and the Original Declaration. The terms and provisions of the Original Declaration are hereby declared to encumber and benefit the Subject Property and each and every Owner thereof and said terms and provisions are incorporated herein by this reference as if set forth herein verbatim. Tracts B of the Subj ect Property is intended to constitute Common Area, as defined in the Original Declaration. This Supplemental Declaration is made pursuant to the terms of the Original Declaration for the purposes of annexing the Subj ect Property to the scheme of the Original Declaration and to the jurisdiction of the Association. ARTICLE III - AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right to (a) amend this Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency among the provisions contained herein or between the provisions hereof and those of the Original Declaration, (b) include in any contract or deed or other instru- ment hereafter made any additional covenants and restrictions applicable to the Subject Property which do not lower the standards of the Original Declaration or this Supplemental Declaration, (c) release any Lot from any part of the covenants and restrictions contained herein which have been violated if the Declarant, in its sole judgment, determines such violation to be a minor or insubstantial violation; (d) amend this Supplemental Declaration without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owner or first mortgagee; and (e) to amend this Supplemental Declaratio~ during the first two (2) years after same has been recorded t~ comply with the request of any mortgagee referred to in thei Original Declaration. The foregoing amendments may be made withou~ the joinder or approval of any Owner, Mortgagee or the Association~ (") (:) ..." r- Any provision, covenant, or restriction set forth herein may be amended in accordance with the Original Declaration. This Supplemental Declaration may not be amended in any manner as to result in conflict with the terms of the Original Declaration or of the Association Articles or Bylaws. t.) N t.) N cue 0"" 00J1 ~C5 )> r ::.;u rrt (") -00 >;:0 G')C P'1U) o ARTICLE IV - AMENDMENT ....... c:o ARTICLE V - DURATION AND TERMINATION The covenants and restrictions of this Supplemental Declara- tion shall run with and bind the Subject Property, and shall inure to the benefit of and be enforceable by the Declarant, the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for so long as the Original Declaration remains effective. Anything in this Supplemental Declaration to the contrary notwithstanding, until the mortgage or transfer of title by Declarant to the first Lot in the Subject Property, Declarant unilaterally may terminate this Supplemental Declaration and remove the Subject Property from the scheme of the Original Declaration. ARTICLE VI - ENFORCEABILITY Section 1. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction, for the purpose of preventing, or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Supplemental Declaration or the Original Declaration. The failure of the Declarant, its successors or assigns, or the Association or an Owner, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. -3- Section 2. Severability. The invalidation of any provision ~r provisions of the covenants and restrictions set forth herein by Judgment or court order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect. tf) m IN WITNESS WHEREOF, Declarant has caused this supplementa~ Declaration to be executed in its name and its seal to be affixe~ hereto the day and year first above written. ~ ("') o eN N eN N WINDING HOLLOW DEVELOPMENT COMPANY, a Florida genera~........ partnership ~ o we a.." O~ ~b l> r ::;0 I'TI C"> -00 >::c L..-'O :Tltf) By: Pizzuti Equities, Inc., a Delaware corporation, as managing general partner 194ture . Print Name: Iii/I.. 1..5/11//5 ACKNOWLEDGMENT BY DECLARANT STATE OF OHIO COUNTY OF FRANKLIN I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Richard C. Daley, Vice President of pizzuti Equities, Inc., the managing general partner of WINDING HOLLOW DEVELOPMENT COMPANY, and that he acknowledged executing the foregoing Supplemental Declaration on behalf of the partnership in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said partnership. WITNESS my hand and official seal in the County and State last aforesaid this } \p day of April, 199 (NOTARY SEAL) ..,j.",..,..r,.!f~~'M1l;~~f'- 'C~: oj. r" : -.A(. '- ... v......... ..", ,,......:.,.,' ". . ,. ...,.:.... . r ....... ,:.~ ....~'~....., -l / ~'~k.; ''/. . ~ Exp. ':. ~lf} .' " : (j ; . .r-":"'ir~' Ii. VA WITT~;~,.. ... I 1(.. . ~ IIOrARYPUBl1c. TaTE or'ijftlO .... () ... f," MY COMMISSION EXPIIlES DEC. 'S.'llD ~ ..... il '...., 0 T"" ..." .". ! J". ..", f:\real\S46\pizzuti\windholo\unit4\suppdec.doc -4- JOINDER BY MORTGAGEE BARNETT BANK, N.A., successor by merger to BARNETT BANK OF CENTRAL FLORIDA, N.A., a national banking association, the owner and holder of that Mortgage dated February 25, 1994, recorded March 4, 1994, in Official Records Book 2737, Page 1567, Public Records of Seminole County, consents to the placing of the foregoing covenants, conditions and restrictions on the Subject Property and further covenants and agrees that the lien of its Mortgage is and shall stand subordinate to the said Supplemental Declaration and the Original Declaration therein referred to (except to the extent otherwise provided in the Original Declaration) as if said covenants, conditions and restrictions had been executed and recorded prior to the recording of its Mortgage. IN WITNESS WHEREOF, BARNETT BANK, N .A., has caused these presents to be executed by its undersigned officer on April ~, 1997. Signed, sealed and delivered In the presence of: c..v N we o.~ c..v 0""7'l N ~E - Q )> r- r ~ :::u ("') 1"11 0 0 ("') . vO .." l> :tJ r- eX> (,J C 0 i'" (I') Name: (1)i\Itei~ ACKNOWLEDGMENT BY MORTGAGEE 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 Bradley J. Carpenter well known to me to be a Vice President of BARNETT BANK, N.A., successor by merger to BARNETT BANK OF CENTRAL FLORIDA, N.A., and that he acknowledged executing the foregoing Joinder of Mortgagee on behalf of the corporation in the presence of two subscribing witnesses freely and voluntarily under authority vested in him by said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 19~ day of April ~, .1997. (NOTARY SEAL) ublic 1) ame : {)"f, \~('t)::., E My Commission Expires: f:\real\846\pizzuti\windholo\unit4\suppdec.doc MILAGROS PERDOMO NOTARY PUBLIC STATE OF FLORIDA - 5 - COMMISSION NO. CC422461 MY COMMISSION EXP. N.9.1999