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HomeMy WebLinkAboutNorth Orlando Company (2) -1980 06 30 .' nstruction nterprises of lorida (305) 339-3570 P.O. BOX 1478 · LONGWOOD, FLORIDA 32750 June 18, 1980 Mr. Richard Rozansky, City Manager City of Winter Springs 400 North Edgemon Ave., Winter Springs, Florida 32707 Re: Termination of restrictions, North Orlando Subdivision Dear Mr. Rozansky: The City of Winter Springs has title to thirty one and one half lots in North Orlando. (See copy of plat.) City owned property is lots 1 thru 18, Block 15 and lots 1 thru 7, 10, 11, 17 thru 20 and half of lot 16, Block 16. There are restrictions on all of the lots on the enclosed plat that were imposed by the developers back in 1958. There was a committee set up to control activity in the subdivision. Currently and for some time passed, the committee does not exist and all responsibilities have been assumed by the City of Winter Springs. I have enclosed a copy of the restrictions for your review. Also enclosed is an indenture which, when signed by a majority of the current owners, will terminate the restrictions. We have already acquired twenty four signatures from current owner/ residents in the subdivision and the signatures by the City and some commercial lot owners will be more than the majority need- ed to terminate these "old" restrictions. My reason for going through the formality of removing these restrictive covenants is because they conflict with our plans for multifamily construction on lots 1 thru 5, Block 18. These lots on Fairfax Avenue were rezoned a few months ago. Please list the city owned lots and have the authorized repre- sentative sign with two witnesses and a notary. Thank you in advance for your cooperation and if there are any questions, please do not hesitate to call. . Yours very truly, .x::'ldc.u!.dA~/7,,(Z~0>1,)7u;. Robert B. Schumaker, President " " \ " ~ LAW OFFICES JONES. MORRISON & STALNAKER, P. A. 400 MAITLAND AVENUE ALTAMONTE SPRINGS. FLORIDA 32701 (3051 834-8866 TE~lINATION OF RESTRICTIONS THIS INDENTURE, 'made the . day of , 1980, by a majority of the present owners of the lots of NORTH , ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of I I the Levy Grant, accordingl to plat of NORTH ORLANDO, recorded in Plat Book 12, pages 10 and 11,. Public Records of Seminole County', Florida, whose individual names and signatures appear and are affixed hereinafter, who are collectively and individually here- inafter referred to as "Owners," to all of the present owners, their predeceasers in title, successors in title, their heirs, and ass~gns forever: WITNESSETH: 1. That the NORTH ORLANDO COMPANY, a Florida corpora- tion, as the owner of the following described property, did cause to be recorded on August 5, 1958, certain restrictive covenants applicable to NORTH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of the Levy Grant, according to plat of NORTH ORLM~DO, recorded in Plat Book 12, pages 10 and II, Public Records of Seminole County, Florida, in Official Records Book 179, at page 470, Public Records of Seminole County, Florida, said restrictive covenants being thereafter amended by that certain instrument recorded February 5, 1959, in Official Records Book 210, page 198, Public Records of Seminole County, Florida, said restrictive covenants and amendment thereto being hereinafter referred to as "restrictions." 2. That said restrictions contain therein a provision to change said restrictions in whole or in part upon the record- ing of an instrument reciting such changes which is signed by a majority of the owners of the lots of said subdivision. WHEREFORE, for and in consideration of the mutual cove- nants and conditions contained herein, the parties hereto individually, mutually, collectively, and completely agree as follows: ., LAW OFFICES JONES, MORRISON 80 STALNAKER, P. A. 400 MAITLAND AVENue AlTAMONTE SPRINGS, FLORIDA 32701 130518J.4.a866 - :. 3. That by. our signatures hereon after having person- ally appeared before a Notary Public authorized to take oaths and being duly sworn, on oath, say: . A. We are the OWNERS in fee simple of that certain property described as NORrH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey bf the Levy Grant, according to the plat thereof as recorded in Plat Book 12, pages 10 and 11, Public Records of Seminole County, Florida, the respective lot and block of said subdivision appearing above our signatures as hereinafter set out. B.. That by our signatures hereon, we individually and collectively agree to terminate, in toto, those certain restrictive covenants applicable to NORTH ORLANDO, a resubdivision of a part of D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 12, pages 10 and 11, Public Records of Seminole County, Florida, said restrictive covenants having been recorded Aug~st 5, 1958, in Official Records Book 179, page 470, and an amendment to restrictions thereto by instrument recorded February 5, 1959, in Official Records Book 210, page 198, all of the Public Records of Seminole County, Florida. C. It is our individual and collective intent by our signatures hereon to terminate and forever discontinue, , nullify or otherwise cause to have no further force and effect .. said restrictive covenants, said termination to become effective upon the filing of this document in the Official Records Book of Seminole County, Florida. D. That by our signatures hereon, we further state that we are the majority of the OWNERS -of all lots encompassed in said subdivision as of the date of execution of this instru- !rent. IN WITNESS WHEREOF we have hereunto set out hands and seals on the day 'and year first above written. OWNERS Witnesses: Lot 1 Block 15 Witnesses: OWNERS Lot 2 Block 15 , ~T-- n ~D' MAYOR - Lot 3 Block ..!2- ~RViZ~I:i' . . J. P AND, MAYOR Lot 4 Block 12-- ~dP:L'~P/,,~L . \CLfltd '~-Uj-liM)'V Lot ~ Block ~ 97a"L:'/~/)~// CITY OF WINTER SPRINCS, FLORIDA gnC:WM~ '--UJ,-0!J.)(1't\ ~-:tfJ74~ V L~ l'lA . Lot ~ Block -15-- CITY OF WINTER SPRINGS, FLORIDA >-"-~~ -.P ~MA~ LAW OFF ICES JONES. MORRISON & STALNAKER. P. A. 40() MAITLAI\lD AVENUE AL T AMONTE SPRINGS. FLORIDA '----W 32101 13051 834-8866 Lot 7 Block 15 CITY OF WINTER SPRINGS, FLORIDA 8 Block-1.2.- 9 Block 15 TROY J. , HAYOR Lot ~ Block ~ to , Witnesses: ~p?~~~~/~ . 7. . ~). OWNERS Lot -1L- Block ~ · Q7//<';/!~V0d.- '::1lY~ qU~. . LAW OFFICES ICJNES, MORRISON & STALNAKER, P. A. 400 M~ITLANO AVENUE AL TAMONTE SPRJI'~GS. FLORIDA 32701 13051 83Hl8H Lot --1L 'Block 15 , 13 Block 15 14 Block 15 15 Block 15 Lot 16 .. Block 15 17 Block 15 18 Block 15 1 Block 16 : .- r. '~'''<'::_;:~~;/~~ ~.~ l. , OWNERS Witnesses: Lot 2 Block 16 3 .Block 16 Lot 4 Block 16 5 Block 16 6 Block 16 -2-"" ~lock 16 LAW OFFICES JONES, MORRISON Be STALNAKER, P. A. 400 MAITLAND AVENUE AL T AMONTE SPRINGS. fLORIOA 32)01 13051 834.a&66 947pd!L~!;f:~~ ~~J.)I DD.!iV\~ Q,,~//<!.;:;~~/7f ~ t/ // . '---- \ 10 Block 16 ar~~p;/I~eeL ---uJ~ . ",.. ,_:.>,~_:..~.:_'^" ;,~~:._:~;~~::~~~~~i; ~ LAW OFFICES lNES. MORRISON & ;T^lNAKER.P.A. OWNERS Witnesses: Lot 18 "Block 16 19 'Block 16 20 Block 16 : . " Lot Block Lot ""Block " J' . Lot Block .' . .. Lot Block Lot Block :co "'''ITLANDAllfNUE . AL TAMONTI! SPRINGS. fLO"IDA 32701 1:10$1 8J4-M96 -- -,.......-" _. . . ". _ t>.. .' _ ._...~ ..J_.. _ . - - - ... '. .' . -. ..;;.;: -. J~';~:-r.''''':.-,~:,-;,,~''''..;._-i~.;.~~~ ~~':: STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath,. to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that /IF executed the same. WITNESS my hand and official seal in the county and' State last aforesaid this ~./-"'{I'..1 0 1980...'" \ {/ . ..,', -j' , . .. I ,\, ,I ~z:~ i {"/:"',:I'. , Notar Public ':., .J. "', (.. , . \.... : .: thtary ~;StayJ of Aond.al.u,.,. ~^'f ConW.o~ ~~?ns lpri~' 1983 a...d.d Iy "..~,,~~ 1'.... a \J.~alt1 'o",pooy I", STATE OF FLORIDA. COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before Ire that SlIr executed the same. WITNESS my hand and official seal in State last aforesaid this ~ 3-e> , (/ the County and 1980., . " ,.., I ,,", j' STATE OF FLORIDA COUNTY OF SEMINOLE ~~~')\I': Notary ublic UoJJ.. h-bGc '/'11',: L.. "'I ~: ,S,tate .of nond. at urge My Commr1siJtr f.Cps/tl'~ 4.' 1983 Soit""d"~~ .^~, Fft . c....IlyC",_1ll' -.: ' ) II '.... . \ ., -"'I; \ I I I,., I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that ~II~~ executed the same. WITNESS my hand an~ official seal in the County and State last aforesaid this ~L.. ~ , 1980. ~f Notar ..", \ .", ,'. \ ~~"'.. Pub11c ..' ,;\ !~; Not3iy P:1bIic.. Stale of fl:>lidll at large My Commission' &~ tIpliI 4. 1983 110,1..4 a~ ^"""'.fl It. .. c.'!N1lV '-".ny .' ' . \. ' , t ~ . STATE OF FLORIDA COUNTY OF SEMINOLE -- , ) I lAW OFFICES lONES, MORRISON & STALNAKER, P. A. . ' I I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared, who first being duly sworn and under oath 400 MAITLAND AVENUE Al T AMONTE SPRINGS. 3270' to me known to be the person(s) described in and who executed the foregoing instruments and acknowledged before me that executed the same. FLORIDA 13051 834.8860 WITNESS my hand and offical seal in the County and State last aforesaid this , 198D