HomeMy WebLinkAbout1996 10 28 Regular Item A
COMMISSION AGENDA
ITEM
A
REGULAR X
CONSENT
INFORMATIONAL
October 28. 1996
Meeting
MGRIJ1'DEP
Authorization
REQUEST: Land Management Department requesting Commission approval of the Preliminary
EngineeringlFinal Development Plan for Tuscawilla Tract 15, Parcel 3. ~rther,
the developer has requested, and the. Planning and Zoning Board has _ '
recommended approval tor a reductIon In denSity trom hve hundr 4)
y um s 0 elg Y SI Y um s.
PURPOSE: The purpose of this Board item is to approve the Preliminary Engineering/Final
Development Plan for Tuscawilla Tract 15, Parcel 3. In conjunction with this
action, the developer has requested a reduction in density from five hundred four
(504) multi-family units to eighty (80) single family units. Approval action will
allow the developer to proceed with the next stage of the review process, Final
Engineering. The subject property is located to the immediate east of Howell
Creek, south of State Road 434, and north of Howell Creek Reserve subdivision.
The Planning and Zoning Board recommended approval of the project on October
02, 1996. The Pla..,ning and Zoning Board authorized the Land Management
Coordinator to present their recommendations to the City Commission without
approved Planning and Zoning Board minutes.
APPLICABLE CODE:
Section 20-355(11)
City Commission review: The City Commission shall review the final development
plan and the recommendations of the staff and the Planning and Zoning Board.
The Commission shall then either approve, approve with modifications, or deny
the request for final development, stating the factual reasons for such action. In
reviewing the final development plan, the Planning and Zoning Board and the City
Commission shall make findings of fact upon the following:
October 28, 1996
REGULAR AGENDA ITEM A
Page 2
a. Whether there is substantial compliance with the intent and purpose of the PUD
district and the approved preliminary development plan.
b. Whether the phase of development in question can exist as an independent unit
capable of creating an environment of substantial desirability and stability.
c. Whether existing and proposed utilities and transportation systems are adequate
for the population proposed.
Section 9-49. Approval of preliminary plan to be construed only as authority
to submit final plan.
Approval of the preliminary plan shall be construed as authority for submitting a
final plan in accordance with this chapter. Approval of the preliminary plan by the city council
shall not be construed as authority for the sale of lots in reference to the preliminary plan, nor as
authority for obtaining building permits, nor the the recording of a plat, nor for the installation of
required improvements.
Ordinance No. 489 (.....ADOPTING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND THE WINTER
SPRINGS DEVELOPMENT JOJNT VENTURE; PROVIDING FOR A DEVELOPMENT
ORDER, AMENDING ANNEXATION ORDINANCE NO 64;.....) Official Record Book
2277 Page 0464, Official Records of Seminole County, Florida
Settlement Agreement, Paragraph 4, Page 4 - The units set forth herein for the
multi-family and single family designations are the maximum allowable units within each such
parcel and the acreages set forth herein for the commercial designations are the maximum
allowable acreages for commercial property within each such parcel. Notwithstanding the
foregoing, WSDJV shall have the right to request minor revisions to such allocations and
redistribute units within such parcels to accommodate sound land planning techniques, provided
the overall units and commercial acreages on a gross basis to not exceed those set forth above,
subject to the applicable provisions of the City Code.
October 28, 1996
REGULAR AGENDA ITEM A
Page 3
Settlement Agreement, Paragraph 14, Page 6 - In order to develop the Remaining
Property, WSDJV shall be required to comply with the applicable City Codes, it being the intent
of this Agreement that this Agreement constitutes a revision to the approved map and master plan
of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, the
remaining approvals necessary consist only of site plan, final development plan or plat approval
and preliminary and final engineering approval, as provided by the aforedescribed City Codes
regarding Planned Unit Developments and specifically Chapter 20, Article IV, Division 2, Part A,
which applies to the remaining property.
Settlement Agreement, Paragraph 19, Page 7 - The rights and obligations of
WSDJV hereunder are fully assignable and transferable, including but not limited to, in the event
any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall
look solely to such transferee or assignee for the performance of all obligations, covenants,
conditions and agreements pursuant to the terms of this Agreement.
CHRONOLOGY:
June 27, 1996
_ Preliminary Engineering/Final Development Plan submitted
September 27, 1996 - Staff Review on project
October 2, 1996
- Planning and Zoning Board Meeting
FINDINGS:
1. The Staff has found this project to be in general compliance with Code requirements,
the intent and purpose of the PUD District, and the Settlement Agreement. The developer agreed
to all Staff concerns and added Notes 21 and 22 to the plans which address the SR 434
improvements and the tree survey.
2. The Staff has found that this phase of development can exist as an independent unit
capable of creating an environment of substantial desirability and stability.
October 28, 1996
REGULAR AGENDA ITEM A
Page 4
3. The existing and proposed utilities and transportation systems are adequate for the
population proposed. Florida Department of Transportation has jurisdiction over the
improvements required for SR 434.
4. The dictates of the Comprehensive Plan do not apply to this project because of the
Settlement Agreement. The Department of Community Affairs commented in the Objections,
Recommendations and Comments (ORC) Report issued in reference to the June 12, 1993 Large
Scale Comprehensive Plan Amendment of the City of Winter Springs: ".....DCA does not agree
that law suit settlements over-ride Comprehensive Plan Policy, however, there is not anything a
city can do about a court ordered settlement."
5. This will be a private, gated community.
6. The developer has requested a decrease in density in accordance with Ordinance No.
489 and the Settlement Agreement accompanying the Ordinance. The decrease request is from
five hundred four (504) multi-family units to eighty (80) single family units. The Commission
previously approve similar requests for the Reserve at Tuscawilla and St. Johns Landing.
7. The Planning and Zoning Board, at their meeting of October 2, 1996, recommended
that this project be forwarded to the Commission for approval. The Planning and Zoning Board
further approved that this project be allowed to go forward without the minutes of the October 2,
1996 meeting being presented to the Planning and Zoning Board for approval.
8. The Commission has, in the past, requested that a reserve fund be established for the
Homeowners' Association for use once the developer relinquishes control of the association. This
reserve fund is addressed on Page 23, Paragraph 6.29 of the Covenants.
CONCLUSION:
The Staff and the Planning and Zoning Board have found this project to be in general
compliance with applicable law and requirements.
October 28, 1996
REGULAR AGENDA ITEM A
Page 5
RECOMMENDA TION:
It is recommended that the Commission make findings of fact that this project:
1) is in substantial compliance with the intent and purpose of the PUD district and
the approved preliminary development plan;
2) is capable of existing as an independent unit capable of creating an environment
of substantial d~sirability and stability; and,
3) that the existing and proposed utilities and transportation systems are adequate
for the population proposed.
Once the findings of fact are declared, it is further recommended that this project be
approved, contingent upon Staff recommendations, and the developer proceed with the final
engmeenng.
ATTACHMENTS:
September 27, 1996 - Land Management Memo to Planning and Zoning Board
September 27, 1996 - Staff Review Minutes with accompanying Staff comments
August 12, 1996
- BDA Environmental Consultants, Listed Wildlife Survey on the
TuscawiUa Tract 15 - Parcel 3 (20 +/- Acres) Project Site,
Winter Springs, Florida
- Declaration of Conditions, Covenants, Easements and
Restrictions for Creek's Bend Community Association, Inc.
- Tuscawilla Tract 15 - Parcel 3, Final Development/Preliminary
Engineering Plan
COMMISSION ACTION:
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September 27, 1996
To:
Planning and Zoning Board ~
Land Management Specialist ~
From:
Re:
Final Development Plan/Preliminary Engineering
Tuscawilla Tract 15, Parcel 3
This item is for the Planning and Zoning Board to review the final Development Plan/Preliminary
Engineering for the above referenced Tuscawilla Tract 15, Parcel 3. These plans are for an eighty
(80) lot subdivision (may be changed at final engineering) on approximately nineteen (19) acres.
The location of the property is to the immediate east of Howell Creek, south of SR 434 and north
of Howell Creek Reserve subdivision.
The developer of this project chose not to have a conceptual plan review.
A Staff Review on the merits of this project was held on September 27, 1996. The Staff
recommendation is that the project be recommended for approval contingent on Staff comments
being addressed at Final Engineering.
NOTE: The Tuscawilla Settlement Agreement authorized this property to be developed
with a maximum 504 multi-family units. The developer has chosen to submit
plans for 80 single family units. The Settlement Agreement gives the developer
the right to request a change.
Attachments: Staff Review Minutes of September 27, 1996
Covenants
Listed Wildlife Survey on the Tuscawilla Tract 15 - Parcel 3
Site Plan
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September 27, 1996
To:
City Manager
Staff .0
Land Management Specialist ~
from:
Re:
Staff Review, Tuscawilla Tract 15, Parcel 3
final Development Plan/Preliminary Engineering
The above referenced Staff Review was held on September 27, 1996. R. Bradick, M. Jones and
R. Yeager (Yeager was late arriving) represented the project. Staff members present were
Alarnina, Gold, Grimms, Jenkins, Lallathin, LeBlanc and Lockcuff The City Attorney, f.
Kruppenbacher, was also present. Stan Mann of Florida Department of Transportation was also
at this meeting.
Attached are the Staff comments relative to this project. There were two (2) items of contention,
1) acel/decellanes and the turn lanes associated with SR 434, and 2) a specimen tree survey to be
completed and used in the final subdivision design. The developer agreed to these and added
Notes numbered 21 and 22 to the engineering plans addressing these concerns.
Mann stated that his office had not received any plans needed to commence the permitting
process. Bradick stated that he had been in contact with the Deland office.
The develop was in agreement with Staff comments.
Motion by Lockcuffthat the project be recommended for approval contingent on Staff comments
being addressed at final Engineering, seconded by Grimms. All voted aye.
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l\tIEMO FOR RECORD
September 19, 1996
Don LeBlanc, Land Management Specialist B'
From:
Re:
Tuscawilla Tract 15, Parcel 3
Revised Preliminary Engineering and Proposed Covenants
September 16, 1996
I have reviewed the above referenced and offer the following comments:
1) Proposed Fire Station - prior to approval of Final Engineering on this project, there
shall be a usable 1 1/2 acre-site for the fire station, verified by the City. At present, the
required site is not there.
2) Listed Wildlife Survey on the Tuscawilla Tract 15 - Parcel 3 - the City will be notified
as to the action taken as it relates to gopher turtles
3) A specimen tree survey is being undertaken which may cause a design change in the
project layout.
4) Covenants:
a) It is my understanding that someone other than Morrison Homes will be developing
the property. If this is indeed correct, Morrison Homes cannot be the declarant.
b) Section 1.4 - please add street and gate to the definition of "Common Area".
c) Section 6.17 - you may want to give consideration to the new 18" dishes and allow
these.
d) Section 6.29 - this would better fit in Section 5 of the covenants. There should be
a statement that these funds cannot be spent for any reason until after such time as the
Association is under control of the Class A membership.
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
September 18, 1996
Reinardo Malave, P.E.
Bowyer-Singleton & Associates
520 South Magnolia Ave.
Orlando, FL 32801
RE:,Tuscawilla TI:'act 15 Parcel 3 - Preliminary Engineering Revie~
... of Engineering PI ans - Seal Date Septernbe!: 17, .1996.
Dear Rae:
I am in receipt of your responSe letter dated September 17,
1996 and revised Preliminary Engineering sheet 1 of I, sealed
September 17, 1996.
'FOURTH-REQUEST: Please comply with Comment #4, of my letter
to you d~ted JulY 17, 1995, requesting that yeu provide accel and
decel lanes onSR-434 and shew these en.the plans. This would also
include SR-434 improvements for a left":.ut.:'J.rI: into ::the site. I
di s cuss ed thi s wi th YOll and Ray "BrCAdi c~ in .:. 3. 'i:.el ~?hone
conversation, on September 9, 1996, and. w:i th you ::;eve1.:al times.
You stated ..that YOU1~ client. does not wish to install the
required improvem~nts on SR-434 due to FDOT's plan to 4-lane the
road in the. near. future. As I stated in my lette!:" to you dated
September 13, 1996, this is a safety issue. ~he t!:"affic count is
very high, along with the traffic speed, for this existing portion
.of- 2~lane SR-434.. All p!:"evious developments on SR-434 have
provided. th~~e improvements, as it is also ~equired by FDOT.
If, you.wish to proceed further in the Preliminary Engineering
approval process, you wi 11 need to speak to Donald LeBlanc, the
Land Management Spe::ial is t . Pleas e keep in mind, you waul d be
proce.eding further. wi thout the approval of the Ci ty Engineer'.
If it will help, you may place a note on the Preliminary Plans
stating the above required SR-434 improvements will appear on the
. Fina 1 Engineering" so tha t you can proceed ",i th my approva 1 . If
you have any questions, please give me a call at 327-8397.
~e~~.
Hark L. Jenkins, P.E.
City Engineer
cc: City Manage!:" .
Land Management Specialist
Public Works/Utility Director
Police Chief
Reinardo Malave, P.E., FAX~ 649-8664
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TO: Don LeBlanc, Land Management Specialist
FROM: Glenn Tolleson, Operations Bureau Commander
DATE: August 9, 1996
SUBJ: Staff Review Tuscawilla Tract 15, Parcel 3, and The Oaks
Subdivision.
I have received the memo and inspected both Tuscawilla Tract 5,
Parcel 3, and The Oaks Subdivision and have the following comments;
Tuscawilla Tract 5, Parcel 3;
1. Does not show stop bar with stop sign at Sr 434 exit.
The Oaks SUbdivision;
1. I have no other comments.
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ca~~ Glenn Tolleson
Bureau Commander
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
l\1ElVIORANDUM
TO:
Don LeBlanc, Land Management Specialist
FROM:
Thomas Grirnms, AICP Community Development coordinat~~
August 6, 1996
DATE:
RE:
Tuscawilla Tract 15, Pa~cel 3
-
I have reviewed the Revise Plans for Tuscawilla Tract 15, Parcel 3
and have no other comments or recommendations.
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MEMORANDUM
TO:
Don LeBlanc, Land Management Specialist
Don W. Houck, Building Official ~
FROM:
RE:
Tuscawilla Tract 15, Parcel 3 Preliminary Engineering
DATE:
August 5, 1996
No further comments on preliminary engineering.
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WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
110 NORTH FLAMINGO AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-2669
Fax (407) 327-0942
August 1, 1996
TO:
Don LeBlanc, Land Management Specialist
Kipton Lockcuff, P.E., Utility Director //?-
FROM:
RE:
Tuscawilla Tract 15, Parcel 3 Preliminary Engineering
We have reviewed the preliminary engineering for Parcel 3 of Tract '15 that were dated 7/25/96
and have the following comments:
1. Since no homes in this parcel have been connected via gravity to Howell Creek Phase 3, please
show in final engineering the extension and ~onnection of the 4" force main to the force main at
the Howell Creek Reserve lift station.
2. The reclaimed water system will. require a interim interconnection to the potable water system
until reclaimed water is available in approximately 24 months. Usage will. be billed at the potable
water rate and those costs should be included in the estimated costs to the Homeowners
Association.
3. There are 34 ERe's reserved for the balance of Tract 15 which includes this parcel.
Additional water and sewer capacity will. required to be purchased at the time ofDEP permitting.
I recommend approval of the preliminary engineering for Parcell5, Tract 3 with the above
stipulations.
File
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FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE (407) 327-2332
FIRE Ai'\[!)
RESCUE
SERVICES
MEMORANDUM
To:
From:
Date:
Subject:
Donald LeBlanc, Land Management Specialist
Timothy J. Lallathin, Fire Chief J4 / /~
July 30, 1996
Revised Plans Tuscawilla Tract 15 - Parcel 3
The Fire Department has reviewed the revised plans on the above referenced property
as submitted on 25 July 1996, and offers the following comments.
The fire hydrants are to be installed per the City of Winter Springs Utility Department
specifications.
1. The fire hydrant locations were corrected on the revised plans as requested.
However, the main size on the revised plans have been reduced to 4" before the
hydrant located between lots 62 ~ 63. This main size should remain at 8" until after
the fire hydrant location.
NOTES:
· No land clearing burning has been authorized in the City since direction from the City
Commission issued on September 25, 1995. The developer will be required to do
what is necessary to properly dispose of such materials.
The following is proposed language to be considered by the City Commission
during the meeting on 12 August 1996 in reference to gated communities.
· All gated communities in the City of Winter Springs shall install on each access gate
into the community an E.V.A.C. (Emergency Vehicle Access Control) system. The
E.V.A.C. system shall be installed and maintained at the communities expense for
the purpose of public safety admittance into their development. The installation of
the E. V.A. C. system shall be done with a vendor of the communities choice.
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Revised Plans Tuscawilla Tract 15 - Parcel 3
Page 2
07/30/96
· Each gated community shall also install at each access gate a keypad code entrance
device. The keypad entrance code must be supplied to the Fire Department in
writing upon installation, and written notice must be made when any changes are
made to the code.
· It shall be a requirement in the design of any gate that, in the event of a power failure
to the gate, that all gates automatically go to the fully opened position.
· Entrance and exit gates must allow a minimum of twelve (12) feet of roadway
clearance when in the open position.
· Existing gated communities shall have one hundred eighty (180) days after adoption
of this policy to come into compliance with this requirement.
· New communities must come into compliance with this requirement before any
Certificates of Occupancy for that community will be issued by the City.
No additional comments are required at this time.
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BDA
ENVIRONMENTAL CONSULTANTS
August 12, 1996
File: 96150-10.1
Mr. Robert Yeager
Sullivan Properties, Inc.
130 S. Orange Avenue
Suite 200
Orlando, Florida 32801
TEL:. (407) 425-6623
FAX: (407) 422-1924
RE: Listed Wildlife Survey on the Tuscawilla Tract 15 - Parcel 3 (20.:!:. Acres) Project Site, Winter
Springs, Florida
Dear Mr. Yeager:
Breedlove, Dennis & Associates, Inc. (BDA) has completed a survey of the above-referenced
project site for the occurrence or potential occurrence of wildlife species listed as threatened or
endangered (T&E) species or species of special concern (SSC) by the U.S. Fish and Wildlife Service
(USFWS) and the Florida Game and Fresh Water Fish Commission (FGFWFC). We also assessed
the project site for the occurrence or potential occurrence of plant species listed as T&E or
commercially-exploited by the USFWS and the Florida Department of Agriculture and Consumer
Services (FDA). The project site was reviewed by completing pedestrian survey transects
throughout the entire project site. The BDA database of listed wildlife and plant species that are
known to occur in Seminole County was reviewed to determine specific species that have the
potential to occur on the project site. Any occurrences of listed species and their regulatory
. implications and suggestions for management will be provided.
Environmental Conditions
The project site is heavily forested, but shows evidence of prior use as a livestock, grazing, and/or
holding area. Portions of the project site still contain some remnant pasture vegetation. These
remnant pasture areas are located primarily in the west-central portion of the site, and contain
dense bahiagrass (Paspalum notatum), highbush blackberry (Rubus argutus), dog fennel (Eupatorium
capillifolium), broomsedge (Andropogon virginicus), persimmon (Diospyros virginiana), winged sumac
(Rhus copallina), and wax myrtle (Myrica cerifera). The majority of the site is upland mixed forested
96150\LETl'ERS\ YEAGER\LiSTED.LTR
BREEDLOVE, DENNIS & ASSOCIATES, INC.
P.O. BOX 720037 / ORlANDO, FLORIDA 32872-0037
4301 METRIC DRIVE / WINTER PARK, FLORIDA 32792 / (407) 677-1882/ FAX (407) 657.7008
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ENVIRONMENTAL CONSULTANTS
Mr. Robert Yeager
August 12, 1996
Page 2
areas being comprised primarily of a mixture of live oak (Quercus virginiana), loblolly pine (Pinus
taeda), longleaf pine (Pinus palustris), and slash pine (Pinus elliottii). Although species within the
mixed upland forest include pignut hickory (Carya glabra), American beautyberry (Callicarpa
americana), cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens), and wax myrtle. This
mixed' upland forest borders Howell Branch Creek on the western portion of the project site.
Howell Branch Creek has a very narrow floodplain on the project site, with some occurrences of
bald cypress (Taxodiwn distichum), titi (Cyril/a racemiflora), buttonbush (Cephalanthus occidentalis),
laurel oak (Quercus laurifolia), and sweetgum (Liquidambar styraciflua). Two small wetland areas
exist on the project site. . One in the northeast corner of the site is a more mesic type area
dominated by red maple (Acer rubnlln), sweetgum, laurel oak, and cabbage palm. The second
wetland area is a small, isolated bald cypress-dominated area that also contains dahoon holly (flex
cassine), black gum (Nyssa sylvatica var. biflora), red maple, and sweetgum.
Wildlife observed on the project site were typically generalist types of species commonly found on
sites within central Florida. These species include northern cardinal (Cardinalis cardinalis), northern
mockingbird (Mimus polyglottos), chuck-will's-widow (Caprimulgus carolinensis), white-tailed deer
(Odocoileus virginianus), raccoon (Procyon lotor), Carolina wren (Thryothorus ludovicianus), red-
bellied woodpecker (Melanerpes carolinus), yellow-billed cuckoo (Coccyzus americanus), northern
parula (Parula americana), eastern coral snake (lvficrurus fulvius), green treefrog (Hyla cinerea),
common grackle (Quiscalus quiscula), and gopher tortoise (Gopherus polyphemus) burrows.
Listed Wildlife and Plants
Wildlife
The project site contains very limited potential for the occurrence of listed wildlife species. The
only occurrence of any listed species was the enumeration of eight gopher tortoise burrows within
the west-central portion of the site on a slightly elevated ridge adjacent to Howell Branch Creek.
The gopher tortoise is a SSC, as listed by the FGFWFC. All the gopher tortoise burrows were
either very small or slightly below average size, indicating either young adult gopher tortoises or
juvenile gopher tortoises. Four commensal species that are listed have a moderate potential to
occur in association with the gopher tortoise. These species include eastern indigo snake
96150\LETIERS\ YEAG ER \LISTED.L TR
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ENVIRONMENTAL CONSULTANTS
Mr. Robert Yeager
August 12, 1996
Page 3
(Drymarchon corais couperi), (T, T1), Florida pine snake (Pituophis melanoleucus mugitus) (NL,
SSC), Carolina gopher frog (Rana areolata capito) (NL, SSC), Florida mouse (Podomys floridanus)
(NL, SSC). The small size of the burrows, the small population of gopher tortoises, and the lack
of native Florida scrub or sandhill habitat reduces the potential occurrence of these species. The
only species with any high potential for occurrence on the project site is the American alligator
(Alligator mississippiensis), which is likely to occur within Howell Branch Creek. The southern bald
eagle (Haliaeetus I. /eucocephalus) (T, T) and the southeastern American kestrel (Falco sparverius
paulus) (NL, T) both have a moderate potential to occur on the project site. A southern bald
eagle's nest is known to exist within the vicinity, but is approximately 3.000 feet away with a
substantial amount of residential development in-between.
A number of other listed wildlife species that are known to occur within Seminole County, and
within the vicinity of Lake Jesup, which are highly unlikely to occur on the project site, include the
following species: snowy egret (Egretta thula) (NL, SSe), white ibis (Eudocimus albus) (NL, SSC),
little blue heron (Egretta caerulea) (NL, SSC), tricolored heron (Egretta tricolor) (NL, SSC), Florida
sandhill crane (Crus canadensis pratensis) (NL, T), wood stork (Mycteria americana) (E, E), and
Florida scrub jay (Aphelocom,a c. coerulescens) (T, T).
Plants
The project site generally provides very low potential for the occurrence of listed plant species due
to the previous agricultural alterations, and to the types of.vegetative communities that occur on
the project site. The only listed species observed on the project site were cinnamon fern (Osmunda
cinnamomea) (NL, C2) and royal fern (Osmunda regalis) (NL, C), which are considered
commercially-exploited by the FDA. Both of these species are very commonly found within
wetlands in central Florida, and both species were observed in the wetland area in the northeast
portion of the site. The occurrence of these species is not unusual, and in fact, would be expected
within this wetland type within central Florida. Other species that have a low potential to occur,
IE = Endangered; T = Threatened; SSC = Species of Special Concern; NL = Not Listed. The
first listing is for the U.S. Fish and Wildlife Service, and the second listing is for the Florida Game
and Fresh Water Fish Commission.
2E = Endangered; T = Threatened; C = Commercially-exploited; NL = Not Listed. The first
listing is for the U.S. Fish and Wildlife Service and the second listing is for the Florida Department
of Agriculture and Consumer Services.
96150\LElTERS\ YEAGER\L1STED.L TR
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ENVIRONMENTAL CONSULTANTS
Mr. Robert Yeager
August 12, 1996
Page 4
but were not observed on the project site include: cardinal flower (Lobelia cardinalis) (NL, T),
yellow butterwort (Pinguicula lutea) (NL, T), large-leaved jointweed (Polygonella macrophylla) (NL,
T), needle palm (Rhapidophyllum hystrix) (NL, C), common wild pine (Tillandsia [asciculata) (NL,
E), wild pine (Tillandsia utriculata) (NL, E), and east coast coon tie (Zamia umbrosa) (NL, C). All
of these species have a relatively low potential to occur and none were observed on the project site.
Regulatory Analysis
Based on the low number of occurrence of listed wildlife and plants and the low potential for the
occurrence of other listed wildlife and plants, only the presence of the gopher tortoise presents
additional listed species regulatory/permitting issues. Direct or incidental taking of the gopher
tortoise is regulated by the FGFWFC. For projects that have five or fewer gopher tortoises, and
for which some suitable habitat exists post-development, on-site relocation may be an option. This
is an abbreviated relocation process, but as mentioned above, has two specific requirements. The
first being that the project has five or fewer gopher tortoises, of which, the project appears to meet
that requirement with a likely population of four or five gopher tortoises. The second condition
requires some on-site habitat be available to the gopher tortoises. Upland portions along Howell
Branch Creek may provide some limited habitat. A second option is to relocate the gopher
tortoises to an off-site area. This requires getting a formal Gopher Tortoise Relocation Permit
(GTRP). Areas are available for relocation of gopher tortoise~, and BOA can assist with this
option, if it is determined to be the most feasible. Both GTRPs appear to be attainable for the
project site, and will likely be a matter of choosing which option is best for the project. A third
option is to obtain an Incidental Take Permit (ITP), which would not require the relocation of the
gopher tortoises. This would generally require a monetary donation to an off-site mitigation bank.
The donation is generally 15% or 25% of the suitable gopher tortoise habitat. This is a somewhat
more lengthy permitting process, but it is likely that an ITP could also be obtained for the project.
The occurrence of cinnamon fern and royal fern within one of the wetland areas should not be a
detriment to development, as neither species is listed as T&E, and both are very commonly found
within central Florida wetlands.
The potential occurrence of other listed wildlife and plants should not be impacted by development
of the project, given the limited potential occurrence of the listed wildlife and plants.
In summary, development of the project site should have minimal impacts on local or regional
populations of any listed wildlife or plant species. The project will likely require obtaining a GTRP
96150\LETrERS\ YEAGER\L1STED.L TR
.
, .'.
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BDA
ENVIRONMENTAL CONSULTANTS
Mr. Robert Yeager
August 8, 1996
Page 5
or ITP, and that permit appears to be the only regulatory or management consideration for any
listed wildlife or plant species. Development of the project site as proposed, after obtaining one
of the gopher tortoise permits should be in compliance with the City of Winter Springs
Comprehensive Development Plan, and other regulatory processes, such as Environmental Resource
Permitting through the S1. Johns River Water Management District and Section 404 of the Clean
Water Act permitting through the Department of the Army, Corps of Engineers.
If you have any questions or need any additional information, please do not hesitate to contact
either one of us.
Sincerely yours,
Senior Project Manager
~~
W. Michael Dennis, Ph.D.
Vice President
MWC/WMD/smc
The ecological constraints documented in this report such as environmental regulatory matters, wetland jurisdiction,
wetland permitting, wetland mitigation requirements, warer quality, and threatened and/or endangered species, are
provided based on data, site conditions, and information available on the dale of our site review. This information is
for general planning purposes only, and should not be used as a final determinant of regulatory agency position, fmal
development potential or appraisal purposes. The extent of agency wetland jurisdiction can be determined through
field location of the wetland limits and on-site agency review of those limits.
96150\LETIERS\ YEAGER\L1STED.L TR
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, This Instrument Prepared by
and to be Returned to:
- Jesse E:Graham, Jr., Esq. (dlbl
Graham, Clark, Jones, Builder, Pratt & Marks
369 N. New York Avenue, Third Floor
. Winter Park, FL 32789
;/.
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS
FOR
CREEK'S BEND COMMUNITY ASSOCIATION, INC.
THIS DECLARATION is made this _ day of , .199_, by Morrison Homes
of Florida, a Florida corporation, whose address is 250 Park Avenue South, Suite 300,
Winter Park, Florida 32789, which declares hereby that the "Properties" described in
Article II of this Declaration are and shall be held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, easements, charges and' liens
hereinafter set forth.
ARTICLE I.
DEFINITIONS
The following words when used in this Declaration (unless the context shall
prohibit) shall have the following meanings:
1.1. "Assessment" means and refers to a share of the funds required for
payment of the expenses of the Association, which funds shall be assessed against
a Lot Owner from time to time.
1.2 "Association" means and refers to CREEK'S BEND COMMUNITY
ASSOCIATION, INC., a Florida corporation not for profit, which is to be incorporated.
1
"
1 .3 "Board of Directors" means and refers to the board of directors of the
Association.
1.4 "Common Area" means and refers to all real property (including the
improvements thereto) and all personal property owned by the Association and tracts
of land, if any, shown or drawn on a Plat as owned or to be owned by the Association
for the common use, enjoyment and benefit of the Owners and all property designated
as common areas in any future recorded supplemental declaration (but not including
any tract dedicated on a Plat to the City of Winter Springs 'or another public utility
provider); together with the landscaping and any improvements thereon, including,
without limitation, the Stormwater Management System and all structures, recreational
facilities, open space, conservation areas, retention areas, masonry walls, walkways,
entrance markers, signs, and street lights, if any, but excluding any public utility
installations thereon.
1 .5 "Declaration" means and refers to this Declaration of Conditions,
Covenants, Easements, and Restrictions for Creek's Bend Community Association, Inc.
.'. as recorded in the Public Records of Seminole County, Florida, and as the same may
be amended from time to time.
1.6 "Declarant" means and refers to Morrison Homes of Florida, Inc., a Florida
corporation, and its successors and assigns by virtue of such written instruments
assigning the rights and ol?ligations of Declarant hereunder which are recorded in the
Public Records of Seminole County, Florida. Upon recordation of any such
assignment, the initial Declarant shall- be released and absolved from any obligations
on the part of the Declarant as may.arise by or through this Declaration. A Lot
purchaser, Lot Owner or Lot mortgagee shall. not b'edeemed to be the Declarant by the
mere act of purchase or mortgage of a Lot.
1.7 "Drainage Easements" means and refers to the drainage easements
declared and reserved on a Plat.
1 .8 "Entitled To Vote" means and refers to that Lot Owner who shall cast a
vote for a Lot at an Association meeting. If more than one person or legal entity shall
own any Lot, the Owners thereof shall determine among themselves who shall be the
Member Entitled To Vote. Said determination shall be manifested upon a voting
335Irestrlct\creebbe.dec
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certificate, signed by all Owners of said Lot, and given to the Association Secretary
for placement in the Association records. Notwithstanding anything contained herein
to the contrary, all Lot Owners whether Entitled To Vote or not are assured of all other
privileges, rights, and obligations of Association membership and shall be Members of
the Association. In no event shall any mortgagee or other party holding any type of
security interest in a Lot or the Residence constructed thereon be Entitled To Vote for
purposes hereof, unless and until any of said parties obtain or receive fee simple title
to such Lot.
1.9 "Institutional Lender" or '''Institutional Mortgagee" means'and refers to a
bank, savings and loan association, insurance company, mortgage company, real
estate investment trust, pension fund, pension trust, or any other generally recognized
institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage
Corporation (FHLMCl, the Federal National Mortgage Association (FNMA), the Federal
Housing Administration (FHA) or the Veteran's Administration (VA) and to any
successor or assignee thereof.
1.10 "Lot" means and refers to any Lot on a Plat of portions of the Properties,
and any other property hereafter declared as a Lot by the Declarant and thereby made
subject to this Declaration.
1.11 "Member" means and refers to all those Owners who are Members of the
Association as provided in Article III hereof.
1.12 "Owner" means and refers to the record owner, whether one or more
persons or entities, of the fee simple title to any Lot situated upon the Properties.
1.13 "Plat" means and refers to all of Creek's Bend, according to the plat
thereof as recorded in Plat Book _, Page _ of the Public Records of Seminole
County, Florida, together with any plat of additional land made subject t'o this
Declaration and to the jurisdiction of the Association.
1 .14 "Properties" means and refers to all of the properties as described in
Section 2.1 of this Declaration, and additions thereto, as are now or hereafter made
subject to this Declaration and to the jurisdiction of the Association, except such as
are withdrawn from the provisions hereof in accordance with the procedures
hereinafter set forth.
1.15 "Residence" means and refers to any residential building constructed on
a Lot for which a certificate of occupancy has been duly issued.
335\ro'lricl\croo k.bo. doc
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1.16 "Surface Water or Stormwater Management System" means a system
which is designed and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, 'convey, store,
absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage,
environmental degradation, and water pollution or otherwise affect the quantity and
quality of discharges.
.. ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO
2.1 Legal Description. The real property which, initially, is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration is located in
. Seminole County, Florida, and is more particularly described as follows:
All of Creek's Bend, according to the plat thereof as recorded in Plat Book _,
Page _ of the Public Records of Seminole County, Florida.
all of which real property, and all additions thereto, is herein referred to collectively as
the "Properties".
ARTICLE III.
. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1 Membership; Every person or entity who is a record Owner of a fee or
undivided fee interest in any Lot shall be a Member of the Association.
Notwithstanding anything else to the contrary set forth in this Section 3.1, any such
person or entity who holds such interest merely as security for the performance of an
obligation shall not be a Member of the Association. Membership in the Association
shall be appurtenant to each Lot and may not be separated from ownership of said Lot.
The record title holder to each Lot shall automatically become a Member of the
Association and shall be assured of all rights and privileges thereof upon presentation
of a photostatically or otherwise reproduced copy of said Owner's deed to the
Association Secretary for placement in the records of the Association. To the extent
that said deed shall pass title to a new Lot Owner from an existing Lot Owner,
membership in the Association shall be transferred from the existing Lot Owner to the
new Lot Owner. In no event shall any mortgagee or other party holding any type of
security interest in a Lot or the Residence constructed thereon be a Member of the
335\ro'lrlct\crooksbo. doc
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Association unless and until any of said parties obtain or receive fee simple title to
such Lot.
3.2 Voting Rights. The Association shall have two (2) classes of voting
membership:
Class A. Class A Membership shall be all Owners of Lots (except the
Declarant and its successors and assigns as long as the Class B membership
shall exist, and thereafter, shall be Class A Members to the extent each would
otherwise qualify). Class A Members shall be entitled to one (1) vote for each
Lot in which they hold the interests required for membership. When more than
one person holds such interest or interests in any Lot, all such persons shall be
Members, but the vote for such Lot shall be exercised only by that one person
who is Entitled To Vote. In no event shall more than one vote be cast with
respect to any such Lot.
Class B. The Class B Member shall be the Declarant. The Class 8
Member shall be entitled to three (3) votes for each Lot owned by the Class B
Member. The Class B membership shall cease and terminate upon the earlier.
to occur of the following: (i) August , 2006; (ij) at such time as seventy-
five percent (75%) of the maximum number of Residences allowed for the
Properties and Additional Properties have been conveyed to Class A Members,
or (iii) sooner at the election of the Declarant, whereupon the Class A Members
shall be obligated to elect the Board of Directors and assume control of the
Association. Upon termination of the Class B membership as provided for
herein, the Class B membership shall convert to Class A membership with
voting strength as set forth above for Class A membership.
3.3 General Matters. When reference is made herein, or in the Articles of
Incorporation, Bylaws, Rules and Regulations, management contracts or otherwise, to
a majority or specific percentage of Members, such reference shall be deemed to be
reference to a majority or specific percentage of the votes of Members Entitled To
Vote and not of the Members themselves.
ARTICLE IV.
PROPERTY RIGHTS IN THE COMMON AREAS: OTHER EASEMENTS
4.1 Members Easements. Each Member, and each tenant, agent and invitee
of such Member or tenant, shall have a nonexclusive permanent and perpetual
easement over and upon the Common Area for the intended use and enjoyment thereof
335\,est,lclIc,ooksbe. doc
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in common with all other such Members, their tenants, agen'ts and invitees, in such
manner as may be regulated by the Association.
Without limiting the generality of the foregoing, such rights of use and
enjoyment are hereby made subject to the following:
, A. The right and duty of the Association to levy Assessments against
each Lot for the. purpose of maintaining the Common. Area and facilities in compliance
with the provisions of this. Declaration and, with, the restrictions on the, Plats of portions
of the Properties from time to time recorded;
B. The right of the Association to suspend the Owner's voting rights
for any period during which any Assessment against his Lot remains unpaid; and for
a period not to exceed sixty (60) days for any infraction of lawfully adopted and
published rules and regulations;
C. The right of the Association to adopt at any time and from time to
time and enforce rules and regulations governing the use of the Lots and Common
Area and all facilities at any time situated thereon, including the right to fine Members
as hereinafter provided. Any rule and/or regulation so adopted shall apply until
rescinded or modified as if originally set forth at length in this Declaration; and
D. The right to the use and enjoyment of the Common Area and
facilities thereon shall,extend to,all.permitted user's immediate.family:whoreside with
him subject to regulation from time to time by the Association in .its lawfully adopted
and published rules and regulations.
4.2 Easements Aopurtenant.,The easements provided in Section 4.1 shall be
appurtenant to and shall pass with the title to each Lot.
,4.3 . Maintenance. The Association shall at all times .maintain in good repair
and manage, operate and insure, and shall replace as required, the Common Area and
the sign and landscaping located on the east and west corners of the subdivision
entrance at the intersection with State Road 434, together with the paving, drainage
structures, masonry walls, lighting fixtures and appurtenances, landscaping, sprinkler
systems, entrance markers, signs, improvements and other structures installed by the
Declarant or the Association situated on the Common Area or located at the
intersection of the subdivision entrance at State Road 434, with all such work to be
done as ordered by the Board of Directors of the Association. In order to maintain,
manage and operate the Common Area, and such appurtenances as are described
335\,..trict\c'..k&be.dec
6
above, the Association shall have the right an.d authority to enter into such contracts
or agreements as the Board of Directors of the Association deem appropriate.
Maintenance of any lighting fixtures shall include and extend to payment for all
electricity consumed in their illumination. Without limiting the generality of the
foregoing, the Association shall assume all of Declarant's responsibility to the City of
Winter Springs of any kind with respect to the Common Area and shall indemnify and
hold the Declarant harmless with respect thereto.
In addition, the Association shall be responsible for the maintenance, operation
and repair of the surface water or stormwater management system. Maintenance of
the surface water or stormwater management system(s) shall mean the exercise of
practices which allow the systems to provide drainage, water storage, conveyance or
other surface water or storm water management capabilities as permitted by the St.
Johns River Water Management District. Any repair or reconstruct.ion of the surface.
water or stormwater management system shall be as permitted or, if modified, as
approved by the St. Johns River Water Management District and the City of Winter
Springs.
Each Owner shall be responsible for the maintenance, replacement, and repair
of all walls, gates, paving, structures' and improvements located on his Lot; other than
those specifically provided to be maintained by the Association.
All work pursuant to this Section and all expenses incurred hereunder shall be
paid for by the Association through Assessments (either general or special) imposed
in accordance herewith. No Owner may waive or otherwise escape liability for
Assessments by non-use of the Common Area or Lots or abandonment of the right to
use the Common Area.
4.4 Utility Easements. The Association shall have the right to grant permits,
licenses, and easements over the Common Area for utilities, roads, and other purposes
reasonably necessary or useful for the proper maintenance or operation of the
Properties. In addition, easements over, upon, under, through and across the Common
Area are reserved to the Association and the Declarant, and may be declared or
granted from time to time by the Declarant during any period that the Declarant shall
own at least one (1) Lot, for such further utility, egress, ingress, or drainage
easements over and across the Properties as may be required from time to time to
serve any other or additional lands during the course of development of same, whether
such additional lands become subject to the jurisdiction of the Association and part of
335\re.lricl\creekaOe.dec
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the Properties or not.. Regarding any easement declared by the Declarant, the joinder
of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required.
4.5 Drainage Easements. Drainage Easements have been declared and
reserved as shown on and created by the Plat. Each Owner of any Lot encumbered
by a Drainage Easement upon which a drainage swale is located shall be solely
responsible for the repair, replacement, and maintenance of such drainage swale.
Alteration, obstruction or removal of any drainage swales or drainage control facilities
. or structures is expressly prohibited. In the event any Owner fails to repair, replace
and maintain any drainage swales, or alters or obstructs any piping, drainage swales,
facilities or structures, the Association may repair, replace and maintain such drainage
swales, facilities and structures and assess such Owner for the costs and expenses
incurred in order to accomplish the foregoing. Each Owner hereby grants an easement
and license to the Declarant and the Association over, upon and across such Owner's
Lot in order to facilitate and accomplish the foregoing. Further, no Owner shall place,
erect or construct any improvements or otherwise permit anything to occur within any
Drainage Easement area which would in any way effect said Drainage Easement or any
swale, pipe or drainage control facility or structure located therein or thereon, unless,
in the even~ of construction of any improvements, such improvements have been
approved by Declarant or the ARB (as hereinafter defined).
Without limiting the foregoing the Association shall have a perpetual non-
exclusive easement over all areas of the surface water or stormwater management
system for access to operate, maintain or repair the systems. By this easement, the
Association shall have the right to enter upon any portion of any lot which is a part of
the surface water or stormwater management system, at a reasonabfe time and in a
reasonable manner, to operate, maintain or repair the surface water or stormwater
management system as required by the St. Johns River Water Management District
permit. Additionally, the Association shall have a perpetual non-exclusive easement
for drainage over the entire surface water or stormwater management system. No
person shall alter the drainage flow of the surface water or stormwater management
system, including buffer areas or swales, without the prior written approval of the St.
Johns River Water Management District and the City of Winter Springs.
4.6 Ownership. As shown on the Plat, the Common Area is hereby dedicated
non-exclusively to the joint and several use, in common, of the Owners of all Lots that
may from time to time constitute part of the Properties and such Owners' tenants,
guests and invitees. Prior to conveyance of any Lot to a Class A Member, the
Common Area shall be conveyed to the Association, which shall accept such convey-
ance. Beginning on the date this Declaration is recorded, the Association shall be
335\tea t,fctlc,eeksbe. dec
8
responsible for the maintenance of the Common Area (whether or not then conveyed
or to be conveyed to the Assodation), such maintenance to be performed in a
continuous and satisfactory manner. It is intended that all real estate taxes, if any,
assessed against that portion of the Common Area owned or to be owned by the
Association shall be proportionally assessed against and payable as part of the taxes
of the Lots within the Properties. However, in the event that, notwithstanding the
foregoing, any such taxes are assessed directly against the Common Area, the
Association shall be responsible for the payment of the same, including taxes on any
improvements and any personal property located thereon, which taxes accrue from and
after the date this Declaration is recorded.
The Common Area cannot be mortgaged or conveyed without the approval of
two-thirds (2/3) of each class of Members voting at an annual or special meeting of
the membership of the Association. . The Stormwater Management System (as a
system) shall not be mortgaged.
4.7 Conservation Easements. Declarant reserves the right to grant
conservation easements and development rights to qualified grantees, including
without limitation the St. Johns River Water Management District, over, upon and
across the Common Area.
4.8 Declarant Offices. Notwithstanding anything herein to the contrary, but
subject to approval by the City of Winter Springs if required by its laws and
ordinances, the Declarant shall have the specific right to maintain upon any portion of
the Properties administrative, hospitality, marketing, information, construction, and
other necessary offices (upon payment of appropriate fees), and appropriate easements
of access and use are expressly reserved unto the Declarant and its successors,
assigns, employees and contractors, for this purpose.
ARTICLE V.
ASSOCIA TION-COVENANT
FOR MAINTENANCE ASSESSMENTS
5.1 Creation of the Lien and Personal Obligations of the Assessments. Except
as provided elsewhere herein, the Declarant (and each party joining in this Declaration
or in any supplemental declaration), for all Lots within the Properties, hereby covenant
and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or
not it shall be so expressed in such deed or other conveyance, shall be deemed to
covenant and agree, to pay to the Association annual Assessments or charges for the
maintenance, management, operation and insurance of the Common Areas and other
335\testrict\creeksbe.dec
9
properties that may be otherwise used for the benefit of the Properties as provided
elsewhere herein, including such reasonable reserves as the Association may deem
necessary, capital improvement. Assessments, as provided elsewhere herein and a'lI
other charges and Assessments hereinafter referred to, all such Assessments to be
fixed, established and collected from time to time as herein provided. In addition,
individual assessments may be levied against particular Owners and Lots for expenses
incurred against particular Lots and/or Owners to the exclusion of others and other
charges against specific Lots or Owners as contemplated in this Declaration. The
annual, special and other Assessments, together with such interest thereon and costs
of collection thereof as hereinafter provided, shall be a charge on the land and shall be
a continuing lien upon the Lot against which each such Assessment is made. Each
such Assessment, together with such interest thereon and costs of collection thereof
as hereinafter provided, shall also be the personal obligation of the person who is the
Owner of such property at the time when the Assessment fell due. Except as provided
herein with respect to individual Assessments which may be imposed on one or more
Lots and Owners to the exclusion of others, all Assessments imposed by the
Association shall be imposed against all Lots subject to its jurisdiction equally.
Reference herein to Assessments shall be understood to include reference to any and.
all of said charges whether or not specifically mentioned.
5.2 Purpose of Assessments. The regular Assessments levied by the
Association shall be used exclusively for maintenance, repair, renovation, and
construction upon the Common Areas, and the maintenance and repair of such other
properties as may be used for the benefit of the Properties, as specifically provided
herein, capital improvements, reserves, operating costs of the Association and to
promote the health, safety, welfare and aesthetics of the Members of the Association
and their families residing with them, their guests and tenants, all as provided for
herein. Without limiting the foregoing, the regular Assessments shall also be used for
the maintenance and repair of the surface water or stormwater management systems
including but not limited to work within retention areas, drainage structures and
drainage easements.
5.3 Reserves for Replacement. The Association shall be required to establish
and maintain an adequate reserve fund for the periodic maintenance, repair, and
replacement of improvements to the Common Area. The reserve fund shall be
maintained from annual Assessments.
5.4 Working Capital. Upon the initial closing of the sale or the occupation of
a Residence, the buyer (or Owner) of such Residence shall pay to the Association an
amount equal to one-sixth (1/6) of the annual assessment of the Association for such
335IrllStrtcllcrookab.. doc
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Lot, which amount shall be maintained in an account by the Association as working
capital for the use and benefit of the Association. Said amount shall not be considered
as advance payment of annual ~ssessments.
5.5 Maximum Annual Assessment. Until January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the minimum annual
assessment shall be THREE HUNDRED SIXTY AND NO/100 DOLLARS ($360.00) per
Lot and the maximum annual assessment shall be FOUR HUNDRED EIGHTY AND
NO/100 DOLLARS ($480.00) per Lot.
A. From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may be .
increased each year, upon approval by a majority of the Board of Directors without a
vote of the Membership; by an amount not greater than fifteen percent (15%) above
the maximum assessment for the previous year.
B. From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may be
increased by an amount greater than fifteen percent (15%) above the maximum
assessment for the previous year, as hereinabove provided, upon approval of two-
thirds (2/3) of each class of Members voting in person or by proxy at a meeting duly
called for such purpose.
c. The Board of Directors may fix the annual Assessment at an
amount not in excess of the maximum.
5.6 Exterior Maintenance. The Owner of each Lot shall maintain the exterior
of the Residence and the Lot at all times in a neat and attractive manner and as
provided elsewhere herein. Upon the Owner's failure to do so, the Association may
at its option, after giving the Owner thirty (30) days' written notice sent to his last
known address, or to the address of the subject premises, perform such reasonable
maintenance and make such repairs as may be required to restore the neat and
attractive appearance of the Lot and the exterior of the Residence located thereon.
The cost of any of the work performed by the Association upon the Owner's failure
to do so shall be immediately due and owing from the Owner of the Lot and shall
constitute an individual Assessment against the Lot on which the work was
performed, collectible in a lump sum and secured by the lien against the Lot as herein
provided. No bids need to be obtained by the Association for any such work and the
Association shall designate the contractor in its sole discretion.
33Slfe.trlct\c,eeksbe.dec
11
5.7 Capital Improvements. Funds which are necessary for the addition of
capital improvements (as distinguished from repairs and maintenance) relating to the
Common Area or other properti.es used for the benefit of the Properties and which
have not previously been collected as reserves or are otherwise available to the
Association shall be levied by the Association as special Assessments only upon
approval by two-thirds (2/3) of each class of Members voting in person or by proxy at
a meeting duly called for such purpose.
5.8 Notice and Quorum for Any Action Authorized Under Sections 5.5 and
.5...l.. Written notice of any meeting called for the purpose of taking any action
authorized under Sections 5.5 or 5.7 shall be sent to all Members not less than thirty
(30) days nor more than sixty (60) days in advance of the meeting. At the first such
meeting called, the presence of Members or of proxies entitled to cast sixty percent
(60%) of all the votes of each class of Membership shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent meeting shall be one-
half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
5.9 Date of Commencement of Annual Assessments: Due Dates. The annual
Assessments provided for in this Article shall commence on the first day of the month
next following the conveyance of Common Area to the Association and shall be
applicable through December 31 of such year. Each subsequent annual Assessment
shall be imposed for the year beginning January 1 and ending December 31. The
annual Assessments shall be payable in advance by one (1) annual payment, or by
monthly, quarterly or biannual installments in the discretion of the Board of Directors
of the Association. At the time of the closing of the sale of any Lot, the purchaser
thereof shall pay to the Association an amount equal to the lesser of: (i) the full annual
Assessment multiplied by a fraction, the numerator of which is the number of days
remaining in the year of closing (including the date of closing) and the denominator of
which is 365 or (ii) the portion of the full annual Assessment otherwise due and owing
for the remainder of the year. The due date of any special Assessment shall be fixed
in the Board resolution authorizing such assessment.
5.10 Duties of the Board of Directors. The Board of Directors of the
Association shall fix the date of commencement and the amount of the Assessment
against each Lot subject to the Association's jurisdiction for each assessment period,
to the extent practicable, at least thirty (30) days in advance of such date or period,
and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto
which shall be kept in the office of the Association and shall be open to inspection by
33S\rUlIict\crooksbo.doc
12
any Owner. Written notice of the Assessment shall thereupon be sent to every Owner
subject thereto thirty (30) days prior to payment of the first installment thereof, except
as to emergency Assessments.. Subject to other provisions hereof, the Association
shall upon demand at any time furnish to any Owner liable for an Assessment a
certificate in writing signed by an officer of the Association, setting forth whether such
assessment has been paid as to any particular Lot. Such certificate shall be conclusive
evidence of payment of any Assessment to the Association therein stated to have
been paid. The Association may charge a reasonable fee for such certificate. The
Association, through the action of its Board of Directors, shall have the power, but not
the obligation, to enter into an agreement or agreements from time to time.with one
or more persons, firms or corporations (including affiliates of the Declarant) for
management services or for other services beneficial to the Association or the proper
operation and maintenance of the Properties. The Association shall have all other
powers provided elsewhere herein, in its Articles of Incorporation and its Bylaws.
5.11 Effect of Non-Pavment of Assessment: the Personal Obligation: the Lien:
Remedies of the Association. If the Assessments (or installments), whether general
or special, are not paid on the date(s) when due (being the date(s) specified herein),
then such Assessments (or installments) shall become delinquent and shall, together
with late charges, interest and the cost of collection thereof as hereinafter provided,
thereupon become a continuing lien on the Lot which shall bind such property. Each
Assessment against a Lot shall also be the personal obligation of the Owner at the
time the Assessment fell due.
If any installment of an Assessment is not paid within fifteen (15) days after the
due date, at the option of the Association, a late charge not greater than FIFTY AND
NO/100 DOLLARS ($50.00) may be imposed and all such sums shall bear interest
from the dates when due until paid at the highest lawful rate and the Association may
bring an action at law against the Owner(s) personally obligated to pay the same or
may record a claim of lien against the Lot on which the assessments and late charges
. are unpaid or may foreclose the lien against the Lot on which the assessments and late
charges are unpaid, or may pursue one or more of such remedies at the same time or
successively. In any such action or actions, the Association shall also have the right
to recover its attorneys' fees (including paralegal fees) and costs, whether incurred
before trial, at trial and upon all appellate levels.
In addition to the rights of collection of Assessments stated in this Section, any
and all persons acquiring title to or an interest in a Lot as to which the Assessment is
delinquent, including without limitation persons acquiring title by operation of law and
by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment
335\,.. Ulct\c,..ksb..d.c
13
of the Common Area until such time ~s all unpaid and delinquent Assessments due and
owing from the selling Owner have been fully paid and no sale or other disposition of
Lots shall be permitted until a~ estoppel letter is received from the Association
acknowledging payment in full of all Assessments and other sums due; provided,
however, that the provisions of this sentence shall not be applicable to the mortgagees
and purchasers contemplated by Section 5.12 of this Article.
It shall be the legal right of the Association to enforce payment of the
Assessments hereunder. Failure of the Association to send or deliver bills shall not,
however, relieve Owners from their obligations' hereunder.
5.12 .Subordination of the Lien. The lien of the assessments provided for in
this Article shall be subordinate to the lien of any first mortgage to any Institutional
Lender and which is now or hereafter placed upon any property subject to
Assessment; provided, however, that any such mortgagee when in possession or any
receiver, and in the event of a foreclosure, any purchaser at a. foreclosure .sale, and any
such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by,
through or under such purchaser or mortgagee, shall hold title subject to the liability
and lien of any Assessment'coming due after such foreclosure (or conveyance in lieu
of foreclosure). Any unpaid Assessment which cannot be collected as a lien against
any Lot by reason of the provisions of this Section shall be deemed to be an
Assessment divided equally among, payable by and a lien against all Lots subject to
Assessment by the Association, including the Lots as to which the foreclosure (or
conveyance in lieu of foreclosure) took place.
5.13 Collection of Assessments.
Assessments of the Association.
The Association shall collect the
5.14 Effect on Declarant. Notwithstanding any prOVISion that may be
contained to the contrary in this. Declaration, or the Articles of Incorporation or Bylaws
of the Association, for as long as Declarant or its successors or- assignees, from time
to time, is the Owner of any Lot on which a Residence has not yet been constructed,
the Declarant shall be liable for the full Assessments against each Lot so owned;
provided, however, the Declarant, in its sole discretion, may elect in any given
assessment year, in lieu of payment of the full Assessments for each such Lot, to pay
the amount of any deficits incurred by the Association for expenses incurred in excess
of the amounts collected as Assessments. For purposes hereof, the existence, or
nonexistence of a deficit for the Association shall be determined on cash basis
accounting instead of accrual basis. When Declarant has sold and conveyed all its
Lots in the Properties, Declarant shall not have further liability of any kind to the
335\,ostrict\crool&sbo.doc
14
As'sociation for the payment of Assessments or for funding any deficits of the
Association.
5.15 Trust Funds. The portion of all regular Assessments collected by the
Association for reserves for future expenses, and the entire amount of all special
assessments, shall be held by the Association for the Owners of all Lots, as their
interests may appear, and may be invested in. interest bearing accounts or in
certificates"of:'deposit'or :other.like,.instruments. or: accounts:;available.- at..banks or
savings'.and loan-.institutions ~the,deposits of which are .insured' by :an: agency,ofthe
United States.
_.... . ARTICLE VI.
. CERTAIN RULES,AND REGULATIONS
6.1. Land Use and Building Type. No,'Lot shall be :used.except for residential
purposes. No building constructed on a Lot shall be used, except for:'residential
purposes. No business, commercial, industrial, trade, professional or other non-
residential activity or use of any nature or kind shall be' conducted on any Lot. No
building shall be erected, altered, placed or permitted to remain on any Lot other than
on-e Residence. Temporary uses by Declarant for model homes, marketing, offices,
parking lots, construction offices and other offices, or anyone or combination of such
uses, shall be permitted until permanent cessation of such uses takes place. " No
changes may be made in buildings erected by the Declarant (except if such changes
are made by the, Declarant) without the consent of .the -Architectural Review Board as
provided herein.
',6.2.-- Opening Walls; Removing Fences or Landscaping. ..No Owner shall make
or permit any opening to be made in.any Declarant or Association'erected wall,' except
as such opening is installed by Declarant or the ,Association. No such building wall or
masonry wall or fence, or any associated landscaping or buffer improvements, shall
be demolished' or. removed without the prior written. consent of. the Declarant and the
Architectural Review Board. Declarant shall have the right but shall not be obligated
to assign all or any portion of its rights and privileges under this Section to the
Association.
6.3 Easements. Easements for installation, replacement, connection to,
disconnection from, and maintenance of utilities are reserved as shown on the
recorded Plats covering the Properties and as provided herein. Within these
easements, no structure, planting or other material may be placed or permitted to
remain without approval of the City of Winter Springs. The area of each Lot covered
335Irestrlct\crMltsbe.dec
15
by an easement and all improvements in the area shall be maintained continuously by
the Owner of the Lot, except as provided herein to the contrary and except for
installations for which a public authority or utility company is responsible. The
appropriate water and sewer authority, electric and gas utility company, telephone
company, the Association, and Declarant and their respective successors and assigns,
shall have a perpetual easement for the installation, replacement, connection to,
disconnection from, and maintenance, all underground, of water lines, sanitary sewers,
storm drains, gas and electric, telephone and security lines, cables and conduits, under
and through the utility and drainage easements, as the case may be, as shown on the
Plats. Declarant and its designees" successors, and assigns, shall have a perpetual
easement for the installation and maintenance of cable, radio, television and security
lines within utility easement areas shown on the Plat. All utility lines within the
Properties, whether in street rights-of-way or utility easements, shall be installed and
maintained underground.
6.4 Nuisances. No noxious, offensive or unlawful activity shall be carried on
upon or about the Properties, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to other Owners.
6.5 Temporarv and Other Structures. No structure of a temporary character,
or storage shed, utility shed or similar structure, green house, trailer, tent, mobile
home, motor home, or recreational vehicle, shall be permitted on the Properties at any
time either temporarily or permanently, except by the Declarant during construction.
Further, none of said items may be used as a residence. No gas tank, gas container
or gas cylinder shall be permitted to be placed on or about the outside of any
Residence or on or about any ancillary building, unless approved by the Architectural
Review Board, and if approved must be buried or screened and enclosed by a structure
approved by the Architectural Review Board.
6.6 Signs. No sign of any kind shall be displayed to the public view on the
Properties, except any sign used by the Declarant to advertise the company or builder,
project, sales or other matters during the construction and sales period. No sign of
any kind shall be permitted to be placed inside a home or on the outside walls of the
home so as to be visible from the exterior or on any fences on the Properties, nor on
the Common Area, nor on dedicated areas, if any, nor on entryways or any vehicles
within the Properties, except such as are placed by the Declarant. Provided, however,
one (1) discreet, professionally prepared "For Sale" sign of not more than three (3)
square feet may be placed on the street side of the Lot, subject to prior approval by
the Architectural Review Board.
335\1...tlictlc,eekabe.dec
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6.7 Oil and Mining Operation. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in the
Properties, nor on dedicated i!lreas, nor shall oil wells, tanks, tunnels, mineral
excavation or shafts be permitted upon or in the Properties. No derrick or other
structure designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any portion of the land subject to these restrictions.
6.8 Animals and Pets. No reptiles, livestock, poultry or animals of any kind,
nature or description shall be kept, bred 'or raised upon the Properties, except for dogs,
cats, birds or other usual or customary household-pets. which may be kept, raised and
maintained upon the Properties, provided that the same are not kept, raised or
maintained thereon for business or commercial purposes or in number deemed
unreasonable by the Declarant or the Association, in the exercise of their reasonable
discretion. Numbers in excess of two (2) of each type of household pet (other than
aquarium-kept fish) shall prima facia be considered unreasonable. Notwithstanding the
foregoing, no such reptiles, animals, birds or other pets may be kept, raised or
maintained on the Properties under circumstances, which, in the good faith judgment
of the Declarant or the Association, shall constitute an unreasonable annoyance,
hazard, or nuisance to residents in the vicinity or an unreasonable interference with the
comfortable and quiet use, occupation and enjoyment of other Lots or portions of- the
Properties.
6.9 Architectural Control. No building, addition, wall, addition, fence or other
structure or improvement of any nature or kind (including mailboxes, landscaping and
exterior paint and finish) shall be erected,. placed or altered on any Lot until the
construction plans and specifications and a plan showing the location of the structure
and landscaping, or composition of the materials used therefor, as may be required by
the Architectural Review Board (sometimes referred to herein as the" ARB ") have been
approved in writing by the Architectural Review Board named below and all necessary
governmental permits are obtained. Each building, addition, wall, fence, mailbox or
other structure or improvement of any nature, together with the landscaping, shall be
erected, placed or altered upon the premises only in accordance with the plans and
specifications and plot plan so approved and applicable governmental permits and
requirements. The Architectural Review Board shall have the right, in its sole and
absolute discretion, to refuse approval of plans, specifications and plot plans, or any
of them, based on any ground, including purely aesthetic grounds. Any change in the
exterior appearance of any building, wall, fence, mailbox or other structure or
improvements, and any change in the appearance of the landscaping, shall be deemed
an alteration requiring approval. The Architectural Review Board shall have the power
..,- ''.
336\testricl\creekabe.dec
17
to promulgate such rules and regulations as it deems necessary to carry out the
provisions and intent of this Section.
So long as the Class B Membership exists, the ARB shall be appointed by the
Declarant. Thereafter, the Architectural Review Board shall be a committee composed
of or appointed by the Board of Directors of the Association. During the period in
which the Declarant appoints the membership of the ARB, the ARB shall have three
(3) members. At such time as the Board of Directors appoints the ARB members, the
ARB shall have any number of members, but never less than three (3), as deemed
appropriate by the Board of Directors.
The address of the Architectural. Review Board shall be the address of the
Declarant or the Association, depending on which party appoints its membership. The
Board of Directors of the Association and the ARB may employ personnel and
consultants to assist the ARB at the expense of the Association. The members of the
ARB shall not be entitled to any compensation for services performed pursuant to this
Declaration. The Architectural Review Board shall act on submissions to it, or request
further information thereon, within thirty (30) days after receipt of the same (and all
further documentation required) or else the request shall be deemed approved. The
foregoing provisions regarding ARB approval shall not be applicable to the Declarant
or to construction activities conducted by the Declarant.
. Notwithstanding anything herein to the contrary, the ARB, cannot approve
anything in conflict with the City Code.
The Declarant, if consistent with. City, Codes, may grant variances as to the
restrictions, conditions and requirements set forth in this Declaration so long as, in the
judgment of the Declarant, the noncompliance for which the variance is granted is not
of a substantial nature and the granting of the variance shall not unreasonably detract
from the use and enjoyment of adjoining Lots and the Properties. In no event shall the
granting of a variance in one instance require the Declarant to grant a similar or other
type of variance in any other instance, it being understood that the granting of
variances from the restrictions, conditions and requirements of this Article shall be in
the sole and absolute discretion of the Declarant, subject to compliance with City
Codes.
The Architectural Review Board and any and all officers, directors, employees,
agents and Members of the Association shall not, either jointly or severally, be liable
or accountable in damages or otherwise to any Owner or other person 'or party
whomsoever, by reason of or on account of any decision, approval or disapproval of
3351restrlctlcreekabe .dec
18
any plans, specifications or other materials required to be submitted for review and
approval pursuant to provisions of this Section of this Declaration, or for any mistake
in judgment, negligence, misfeas.ance, or nonfeasance related to or in c,onnection with
any such decision, approval or disapprova'J, and each Owner by acquiring title to any
Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled
to and shall not bring any action, proceeding or suit against such parties.
6.10 Exterior Appearances and Landscaping. The paint, coating, stain and
other exterior finishing colors on all. Residences and masonry, walls may be maintained
as that originally installed, without prior approval of the Architectural Review Board,
but prior approval of the Architectural Review Board shall be necessary before any
such exterior finishing color is changed.
6.11. Commercial Trucks. Trailers. Campers and Boats. With the exception of
non-commercial trucks with 3/4 ton capacity or less, no trucks or commercial vehicles,
or campers, mobile homes, motorhomes, house trailers or trailers of every other.
description, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be
permitted to be parked or to be stored at any place on the Properties, nor in dedicated
areas, unless. same shall be parked or stored entirely within and fully enclosed by a
garage. This prohibition of parking shall not apply to temporary parking or trucks and
commercial vehicles, such as for pick-up and delivery and other commercial services,
nor to non-commercial vans for personal use which are in acceptable condition in the
sole opinion of the Board of Directors (which favorable opinion may be changed at any
time), nor to ,.any vehicles of the Declarant or, those, required. by any builder during
construction on any Lot. No on-street parking shall be permitted. In the event any
provision of this covenant is breached, the Declarant or the Association may have said
truck, commercial vehicle, camper, .mobile home, motorhome, house trailer, other
trailer, recreational vehicle, boat, boat trailer; or horse'trailer towed from the Properties
at the Lot Owner's sole cost and expense"and an individual Assessment may be levied
therefor against such Owner.
6.12 Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall
be deposited except as permitted by the Association. . The requirements from time to
time of the applicable governmental authority for disposal or collection of waste shall
be complied with. All equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition. All garbage and trash containers and their
storage areas and the like shall be kept within a garage, placed inside an enclosure
approved by the Architectural Review Board, or behind opaque walls attached to and
made a part of the Residence on each Lot, and otherwise in conformity with applicable
rules, regulations and approvals. Such containers may not be placed out for collection
r,-.,
336\reslrlcl\creeksbe.dec
19
sooner than the night prior to scheduled collection and must be removed within the
night of collection.
6.13 Fences. No fence, wall or other similar structure shall be erected on any
Lot unless the materials therefor and color thereof are in accordance with such
standards as may be adopted by the ARB and the location and dimensions thereof are
approved by the ARB. The ARB shall have the right to adopt such standards as it
deems advisable in regard to the location and height of and colors and materials for
any fences installed within the' Properties. In no event shall any wall or fence exceed
six (6) feet in height. Further, in ':no ,event shall any fences forward of the front
building line exceed four (4) feet in height.
6.14 Mailboxes. No mailboxes or similar improvement shall be installed on any
Lot unless the location thereof has been approved by the ARB and the materials
therefor and color thereof have been approved by the ARB and are in accordance with
such standards for materials and colors as may be adopted by the ARB. All mailboxes
shall satisfy U.S. Post Office regulations when they are installed. Breakaway
mailboxes are encouraged.
6.15 No Drying. To the extent lawful, no clothing, laundry or wash shall be
aired or dried on any portion of the Properties which is visible from the adjacent Lots,
or the streets,' or any other adjoining portion of the Properties.
6.16 .Unit Air Conditioners and Reflective Materials. No air conditioning units
may be mounted through windows or walls or on any roof. Central air conditioning
units shall be screened from view by. such walls and/or, landscaping as may be
approved by the ARB. No building shall have any aluminum foil placed in any window
or glass door or any reflective substance 'or other materials (except standard window
treatments) placed on any glass, except such as may be approved by the Architectural
Review Board for energy conservation purposes.
6.17 Exterior Antennas. No exterior antennas, microwave antennas, satellite
antennas, microwave dish, satellite dish, transducers, or signal amplification systems
for use in connection with television or radio equipment or the like shall be permitted
on any Lot or improvement thereon, except that Declarant shall have the right to install
and maintain community antenna, microwave antenna, dishes, satellite antenna and
radio, television and security lines.
33Slre.lncllcr.ekabe.dec
20
...~~
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6.18 Chain Link fences. No chain link fences shall be permitted on any Lot or
portion thereof, unless installed by Declarant during construction periods or around any
retention or detention areas as r.equired by the City of Winter Springs.
6.19 Recreational Facilities. No tree houses, or skate board or bicycle ramps
shall be constructed or placed upon the Properties. Basketball goals may be permitted,
subject to the approval of the ARB as to the type of equipment to be installed and the
location thereof.
6.20 Garage. Each Residence.. shall .. have a garage large enough to
accommodate at least two (2) cars... Garage doors shall remain in operating condition
and shall remain down at all times except when moving automobiles or transporting
items to and from the Residence through the garage.
6.21 Residence. Each Residence constructed on a Lot shall have a minimum
heating and cooled living area no less than on thousand (1,000) square feet.
For purposes of determining the width of corner Lots, in order to apply the
foregoing restrictions, the shorter street frontage shall constitute the front yard..:
6.22 Roofs. The roofs of the main body of all buildings and other structures,
including the Residence, shall be pitched. No flat roofs shall be permitted Without the
approval of the Declarant and the Architectural Review Board. The Declarant and
Architectural Review Board may, in their. discretion, approve flat roofs on part of the
main body of a building if architecturally compatible with the remainder of the roof
structure, the particular building 'on 'which it is to be constructed and all adjacent
residences and other structures. The pitch of' all roofs shall be not less than six inches
(6") in twelve inches (12") (6/12 vertical/horizontal). All roofs shall be constructed of
clay, tile, cement tile, slate, fiberglass, standing seam copper, cedar shake shingle,
architectural shingle, or other materials approved by the Architectural Review Board.
All roof colors must be approved, by the Architectural Review Board in its sole
discretion. No pure white, pure black or pure primary colored roofs shall be permitted.
6.23 Grass. No type or variety of grass other than St. Augustine grass or a
hybrid thereof shall be planted on any Lot, and such grass shall be fully planted on
such areas where specified on a landscape plan approved by the Architectural Review
Board. The planting of grass on each Lot shall be accomplished by the installation of
full sod covering the entire area required to be grassed. Partial sodding, sprigging,
plugging or seeding shall not be permitted, except to replace any dead sod.
335\r..trlct\creeksbe.dec
21
6.24 Irrigation Systems. All landscaped and grassed open areas on each Lot
shall be irrigated by means of an .automatic underground irrigation or sprinkling system
capable of regularly and sufficie~tly watering all lawns and plantings within such open
areas. The plans and specifications for each such irrigation or sprinkling system shall
be included in and submitted with and reviewed and approved by the Architectural
Review Board as part of the landscape plan required pursuant to the provisions of
Section 6.23 above.
6.25 Precedence Over Less Stringent Governmental Regulations. In those
instances where the covenants, conditions and restrictions set forth in this Article set
or establish minimum standards in excess of the ordinances, regulations and
requirements of the City of Winter Springs and other applicable government
authorities, including without limitation; building and zoning regulations, the covenants,
conditions and restrictions set forth in this Article shall take precedence and prevail
over any such less stringent ordinances, regulations and requirements.
Notwithstanding the foregoing, all laws and regulations of the City of Winter Springs
shall be complied with by all owners of the Properties (nothing herein is intended to
prevent any owner of any portions of the Properties from seeking variances, special
exceptions, waivers, etc. from the laws and regulations of the City of Winter Springs).
6.26 Solar Panels. Solar panels may only be constructed on the roof of a
Residence so as not to be visible from the adjacent street (or configured so as to
minimize visibly in the case of corner Lots) and only after review and approval by the
ARB, in its .sole and absolute discretion. The ARB reserves the right to promulgate
such performance standards and requirements as it may deem desirable in regard to
the installation of solar panels.
6.27 Construction Time. Unless and otherwise approved by the Architectural
Review Board in writing, construction of Residences and other improvements must be
commenced not later than six (6) months from the date that the Architectural Review
Board issues its written approval of the final plans and specifications therefor. If
construction does not commence within such six (6) month period the plans and
specifications for any proposed construction must once again be reviewed and
approved by the Architectural Review Board in accordance with the provisions of this
Article and any prior approval of the same by the Architectural Review Board shall no
longer be binding on the Architectural Review Board. Upon commencement of
construction, such construction shall be prosecuted diligently, continuously and
without interruption to completion within a reasonable time; but in no event more than
one (1) year from the date of the commencement of such construction, however, the
Architectural Review Board shall have the power and authority to extend the period
336\teslrictlcrHbbe.dec
22
permitted for construction, as aforesaid; provided that the Owner and general
contractor involved make written application for such extension stating the reasons for
the requested extension of time: and provided further that the Architectural Review
Board, in the exercise of its discretion, determines that the request is reasonable and
the extension is warranted.
6.28 ~. All purchasers of lots and houses which are the subject of this
Declaration shall receive a copy of the plat within which their lots and houses are
located.
6.29 Escrow of Reserve Account. Notwithstanding anything contained herein
to the contrary, Declarant agrees, to escrow:the, portion of the annual Assessment
allocated to reserve accounts for the benefit of the Members (which reserve account
shall not be less than 10% of the total annual Assessments collected). The Declarant
shall turn over 'the escrowed funds to the Association at the time the Class B
Membership shall cease and be converted to Class A Membership. In no event shall
Declarant be obligated to fund the reserve account except as may be provided under
paragraph 5.14 herein.
f
6.30 Additional Rules and Regulations. In addition to the foregoing, the
Association shall have the right, power and authority, subject to the prior written
consent and approval of Declarant, to promulgate and impose rules and regulations
governing and/or restricting the use of the Properties and Lots, including without
. . limitation rules and regulations relating to the placement or installation of. any type of
improvement on any Lot, and to thereafter change, modify, alter, amend, rescind and
augment any of the same;, provided, however, that no rules and'regulations so
promulgated shall be in conflict with the provisions of this Declaration. Any such rules
and regulations'so promulgated by the Association shall be applicable to and binding
upon all the Properties and the Owner's-thereofnandtheir successors and assigns, as
well as all guests and invitees 'of and all parties claiming by,. through or under such
Owners.
ARTICLE VII.
ENFORCEMENT
7.1 Compliance bv Owners. Every Owner shall comply with the terms,
provisions, restrictions and covenants set forth herein and any and all rules and
regulations which from time to time may be adopted by the Board of Directors of the
Association.
*.. "
335\t.~tricl\cr..ksb..dec
23
7.2 Enforcement. The Declarant, the Association, the Association Board of
Directors, the Architectural Review Board, each Owner, the City of Winter Springs,
Florida, or any other party as provided herein shall have the right to enforce this
Declaration and the covenants, restrictions and provisions hereof. In addition, the St.
Johns River Water Management District shall have the right to enforce this Declaration
with respect to the operation and maintenance of the storm water management system
for the Properties. Enforcement of this Declaration and the covenants, restrictions and
provisions hereof may be accomplished by any proceeding at law or in equity, including
without limitation, an action for damages and injunctive relief. The Association shall
have the right to suspend the voting' rights and use of the Common Area of any
defaulting Owner. Failure to enforce any covenant, restriction or provision hereof shall
not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner
shall be responsible for all costs incurred in enforcement of this Declaration, including
but not limited to, attorney, paralegal and legal assistant fees, costs and expenses,
related fees, costs and expense, - court costs and witness and expert fees and costs,
whether suit be brought or not, and whether in settlement, in any declaratory action,
at trial or on appeal.
ARTICLE VIII.
STORMWATER MANAGEMENT SYSTEM
The storm water management system of the Properties is subject to the
jurisdiction of the St. Johns River Water Management District, which has issued a
permit for the operation of such system,- as the same may be amended from time to
time (collectively the "Permit") and is- also subject to the jurisdiction of the City of
Winter Springs. The Association shall own, operate and maintain all retention ponds
and drainage improvements as may be situated.throughout the Common Areas. The
Association shall maintain the stormwater management system in accordance with all
Permit and City of Winter Springs requirements.
_.._._ARTICLE IX.
GENERAL PROVISIONS
9.1 Municipal Service Taxing Units. Upon acceptance of any deed or other
instrument conveying title to any Lot, each Owner thereof acknowledges that each
such Lot is or may be located in one or more municipal service taxing units (each is an
"MSTU") for the purpose of providing street lighting or any other purposes for which
an MSTU may be established under Florida law. Each Owner agrees to be subject to
and bound by such MSTUs and to pay all fees, charges, surcharges, levies and
assessments, in whatsoever nature or form, relating to said districts and/or to the
-. .
336\teSlrlcllcre.ksbe.dec
24
Owner's Lot. Further, each Owner agrees that it shall cooperate fully with Declarant
or the Association in connection with any efforts of Declarant or the Association to
include the Properties in any M~TUs,' and to execute any documents or instruments
which may be required to do so.
9.2 Insurance and Fidelity Bonds. The Association may obtain and maintain
in effect casualty and liability insurance and fidelity bond coverage in form and amount
as may be deemed advisable by the Board of Directors of the Association.
9.3 Duration: Amendment. The covenants and restrictions of this Declaration
shall run with and bind the Properties for a term of thirty (30) years from the date this
Declaration is recorded, after which they shall be automatically extended for
successive periods of ten (10) years; unless during the last year of its applicability
during the initial term or any extension period no less than seventy-five percent (75%)
of' each class of Members at a duly noticed meeting of the Association vote in person
or by proxy to terminate this Declaration. Provided, however, no such termination
shall void the duty of the Association to maintain the stormwater management system '1
unless specifically allowed by the St. Johns River Water Management District and the
City of Winter Springs. Further, no such termination shall have thee!fect of
terminating any easements herein provided or reserved. This Declaration may be , \\
amended during the first twenty (20) year period by an instrument signed by not less ~ '7
than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed It''w
by not less than seventy-five percent (75%) of the Lot Owners. Any such amendment ~ Cl{-
must be. recorded in the Public. Records of Seminole County, Florida._ .- C tvt
. t~ - \
Notwithstanding any provision.to the contrary herein contained~ the Declarant
shall have the right to amend this Declaration without the consent, approval or joinder
of any other person or Owner, except the Federal Housing Administration (FHA) or the
Veterans Administration (VA), or the Federal National Mortgage Association (FNMA),
or the Federal Home Loan Mortgage Corporation (FHLMCl, if such amendment is
required in order to cause ,this Declaration to comply with, applicable FHA, V A, FNMA
and/or FHLMC requirements. Such an amendment to this Declaration, the Articles of
Incorporation or Bylaws of the Association needs to be signed and acknowledged only
by the Declarant and need not be approved by the Association, Lot Owners or lienor
or mortgagees of Lots, whether or not elsewhere required for an amendment.
9.4 Notice. Any notice required to be sent to any Member or Owner under
the provisions of this Declaration shall be deemed to have been properly sent when
personally delivered or mailed, postpaid, to the last known address of the person who
33SlrosUicl\croeltsbe.doc
25
appears as a Member or Owner on the records of the Association at the time of such
mailing.
9.5 Severability. Invalidation of anyone of these covenants or restrictions
or any part, clause or word hereof, or the application thereof in specific circumstances,
by judgment or court order shall not affect any other provisions or applications in other
circumstances, all of which shall remain in full force and effect.
9.6 ..Annexation of Additional Land. Other than annexation of the Additional
Properties while Declarant is a Class B Member as provided in and governed by Section
2.2 above, additional residential property and common area may be annexed to the
Properties with the consent of two-thirds (2/3) of each class of Members.
9.7 Effective Date. This Declaration shall become effective upon its
recordation in the Public Records of Seminole County, Florida.
9.8 FHA/VA Approval. Notwithstanding anything herein to the contrary, as
long as there is a Class B Membership in the Association, the following actions will
require the prior approval of the FHA or the VA: annexation of additional properties;
dedication of common areas; and amendment of this Declaration of Conditions,
Covenants, Easements and Restrictions.
9.9 Conflict. This Declaration shall take precedence over conflicting
provisions in the Articles of Incorporation and Bylaws of the Association and the
Articles shall take precedence over the Bylaws.
9.10 Standards for Consent. Aoproval. Comoletion. Other Action and
Interpretation. Whenever this Declaration shall require the consent, approval,
completion, substantial completion, or other action by the Declarant, the Association
or the Architectural Review Board, such consent, approval or action may be withheld
in the sole and absolute discretion of the party requested to give such consent or
approval or take such action, and all matters required to be completed or substantially
completed by the Declarant or the Association shall be deemed completed or
substantially completed when so determined, in the discretion of the Declarant or
Association, as appropriate.
9.11 Easements. Should the intended creation of any easement provided for
in this Declaration fail by reason of the fact that at the time of creation there may be
no grantee in being having the capacity to take and hold such easement, then any such
.... '''-
3351'UI,lcllcreeksbe.dec
26
grant of easement deemed not to have been so created shall nevertheless be
considered as having been granted directly to the Association as agent for such
intended grantees for the purpos~ of allowing the original party or parties to whom the
easements were originally intended to have been granted the benefit of such easement
and the Owners hereby designate the Declarant and the Association (or either of them)
as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as
may hereafter be required or deemed necessary for the purpose of later creating such
easement as it was intended to have been created herein. Formal language of grant
or reservation with respect to such easements, as appropriate, is hereby incorporated
in the easement provisions hereof to the extent not so recited in some or all of such
provisions.
9.12 Covenants Running With The Land. ANYTHING TO THE CONTRARY
HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND
SUBJECT TO THE LIMITATIONS) OF SECTION 9.3 HEREOF, IT IS THE INTENTION OF
ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL
REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND
RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES.
IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT
THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH
PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL
POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION
OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW
THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF
SUCH PROVISION. AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH
PROVISION .AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED
NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES
AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE
LAND AS AFORESAID) BE ACHIEVED.
9.13 Dissolution of Association. In the event of a permanent dissolution of the
Association, all assets of the Association shall be conveyed to a non-profit organization
with similar purposes and acceptable to the St. Johns River Water Management
District. Failing the ability to find a non-profit organization to succeed to the
Association within ninety (90) days of dissolution of the Association, all Association
assets may be dedicated to the city government of the City of Winter Springs, Florida
or any applicable municipal or other governmental authority. Said successor non-profit
335\rostrlcl\creeksbe.dec
27
organization or governmental entity shall pursuant to this Declaration provide for the
continued maintenance and upkeep of the Common Area, including without limitation
the stormwater management system, the Properties and such other property as may
be contemplat'ed herein.
ARTICLE X.
CITY OF WINTER SPRINGS. FLORIDA
Notwithstanding any other provisions contained herein, no amendments may be
made to this document without the prior approval of the City of Winter Springs,
Florida. The City of Winter Springs is a third party beneficiary with the right to legally
enforce this document or any part or provision hereof. Nothing contained herein shall
be construed to permit or authorize any violations or deviations from the City Code,
City of Winter Springs, Florida.
EXECUTED as of the date first above written.
Signed, sealed and delivered
in the presence of:
Morrison Homes of Florida, a
Florida corporation
By:
Steven A. Parker
President
Name:
Name:
335\te.tr;c:tlc:reeksbe.dec:
28
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1996, by , as President of , a
corporation, on behalf of said corporation. He is personally known
to me.
335Ir..trictlcr..ksb..d.c
Notary Public
Printed Name:
Commission Number:
My Commission Expires:
29
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ORDINANCE NO.
489
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, ADOPTING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA
AND THE WINTER SPRINGS DEVELOPMENT JOINT
VENTURE; PROVIDING FOR A DEVELOPMENT ORDER;
AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING
MULTI-FAMILY DWELLING UNIT DENSITY LIMITS
PURSUANT TO SECTION 20-354, CODE OF WINTER
SPRINGS; PROVIDING FOR A CERTIFIED MAP;
PROVIDING FOR CONFLICTS, SERVABILITY, AND
EFFECTIVE DATE.
WHEREAS, on October 11, 1971, the Village of North Orlando,
Florida, predecessor to the City, adopted Ordinance No. 64
("Annexation Ordinance"), which Annexation Ordinance annexed
certain property comprising what is commonly known as
the
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Tuscawilla Planned Unit Development (the "Tuscawilla PUD"),
the Village of North Orlando, Florida; and
WHEREAS,
the Tuscawilla
PUD
originally consisted
approximately thirty-five hundred acres (3,500) and was approved
for development of nine thousand seven hundred forty-seven
(9,747) total dwelling units; and
WHEREAS,
in
the S'~
the
Annexation
Ordinance
provided
for
development of
j;:
an overall:;;t.;!
the
Tuscawilla PUD based upon
development plan and set forth requirements for open space,
recreation space, and other development matters; and
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WHEREAS,
subsequent to the Annexation Ordinance,
Tuscawilla PUD was developed in accordance with the approved
overall development plan, subject to certain amendments which
redesigna te the uses of several parcels wi thin Tuscawilla PUD,
all of which amendments were in compliance with the overall
Tuscawilla PUD concept to better utilize open space and allocate
densities within Tuscawilla PUD; and
WHEREAS, pursuant to such amendments, the overall density of
Tuscawilla PUD was reduced; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
that the Tuscawilla PUD was designed with the concept of a
central core (the "Central Core") of commercial property, in the
parcel commonly known as Parcel 61, to service the entire
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Tuscawilla PUD, which Central Core was integral in the design of
the overall road- system and infrastructure of the entire
Tuscawilla PUD; and
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WHEREAS, On January 14, 1988, Gulfstream Housing Corp. ,~~
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successor by merger to Winter Springs Development Corporation,~
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entered into a contract to sell certain real property to D & ~
Investments, which property. was located in the Central Core,
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREAS, the developers thereafter sought to develop a
shopping center within the Central Core; and
WHEREAS, a dispute arose as to the right of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core, which resulted in negotiations between WSDJV and
the City and ultimately to a series of public hearings to
determine vested rights of WSDJV to develop the Central Core with
a commercial use; and
WHEREAS, the City Commission ruled on June 19,1989, that
WSDJV did not have vested rights to develop the Central Core as a
shopping center; and
WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ of
Certiorari in the Circuit Court of the Eighteenth Judicial
Circui t in and for Seminole County, Florida (the "Court"), Case
No. 89-3589-CA-17-L, Winter Sprinqs Development Joint Venture, a
Florida ioint venture, throuqh its General Partner, Gulfstream
Housing Corp., successor by merqer to Winter Sprinqs Development
Corporation, Petitioner, v. City of Winter Sprinqs, a Florida
municipal corporation, Respondent (the "Petition"); and
WHEREAS, in an attempt to resolve the issue surrounding the
Petition, WSDJV and The City agreed to a mediation of this matter
approved by the Court, which mediation was held on February 2,
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1990; and
WHEREAS, as a method of settlement of the Petition and the
issues surrounding the development of the Central Core, WSDJV and
The City agreed to review the land uses for the remaining
undeveloped properties wi thin the Tuscawilla PUD and amend the
Tuscawilla PUD to reallocate land uses and densities in a manner
to better utilize open space and allocate densities within. the r.,
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Tuscawilla PUD and in keeping with the original approvals granted8
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relative thereto; and
WHEREAS,
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the property remaining to be developed within ther- 0)
Tuscawilla
PUD
consists
of
approximately
367.2
acres
(collectively
the
"Remaining
Property")
consisting
of:
approximately 32.2 acres designated as Parcel l4C ("Parcel 14C") ,
approximately 35.0 acres designated as Parcel 61 ("Parcel 61") ,
approximately 202.9 acres designated as Parcel 15 ( "Parcel 15") ,
approximately 75.4 acres designated as Parcel 80 ("Parcel 80"),
and approximately 20.7 acres designated as the Lake Jessup
Property ("LakE! Jessup Property"), which Remaining Property and
the aforedescribed parcels are described on Composite Exhibit "A"
attached to the Agreement and expressly incorporated herein by
this reference; and
WHEREAS, pursuant to the Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
PUD will be reduced from the original approval; and
WHEREAS, the Agreement is in the best interest of The City
and promotes the health, safety and welfare of the citizens of
The City; and
WHEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380.06(19),
Florida Statutes
(1989), as amended, of the original approval granted to the
Tuscawilla PUD; and
WHEREAS, The City has determined that it is in the best
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. interest of The City and its citizens to settle the Petition by
adoption of this Agreement; and
WHEREAS, The City and WSDJV desire to amend the Tuscawilla
PUD to reflect the matters set forth within the Agreement.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS,
FLORIDA, HEREBY ORDAINS:
SECTION I:
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Florida"
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The Agreement between the City of Winter Springs,
and Winter Springs Development Joint Venture, a Florida joint~
venture, attached hereto marked as Attachment "I", is hereby
accepted and adopted by the City of Winter Springs, Florida, and
made part of this Ordinance as if fully set forth herein.
SECTION II:
The Agreement shall constitute a development order pursuant
to Chapter 163, Florida Statutes (1989), as amended, and shall
govern the City and the developer accordingly.
SECTION III:
Annexation Ordinance No. 64 is hereby amended pursuant to
the terms of the attached Agreement, and any and all approval,
master plans, submissions and other similar matters affecting the
remaining property of the Tuscawilla PUD are hereby automatically
amended to conform to and reflect the provisions of the
Agreement.
SECTION IV:
Pursuant to Section 20-354 (b) (4), Code of Winter Springs,
the maximum allowed number of dwelling units per gross
residential acre for mUlti-family dwelling units within the
Tuscawilla PUD is hereby waived to the extent permitted under the
Agreement, upon recommendations from the Planning and Zoning
Board.
SECTION V:
Attached to the Agreement as Exhibit "B" is a proposed land
use plan of the remaining undeveloped property of Tuscawilla PUD.
Exhibi t "B" of the Agreement is hereby adopted, approved, and
certified as the land use plan of the remaining undeveloped
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properties in the Tuscawilla PUD,
SECTION VI:
All ordinances or parts of ordinances in conflict herewith
shall be and the same are hereby repealed,
SECTION VII:
If any section, or a portion of a section, or subsection of
this
ordinance
be
to
invalid,
proves
unlawful
unconstitutional, it shall not be held to invalidate or to impair
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SECTION VIII:
This ordinance shall take effect immediately upon its final
passage and adoption,
Passed and adopted this ~ 3/Le1. day of
rL'L1
1990.
ATTEST:
CITY OF WINTER
'-In.
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CITY LERK
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First Reading:
May 14, 1990
Second ~ Reading June II, 1990
Pes ted: May 18, 1990
Third
Public Hearing and -&ee-en4 Reading: June 25, 1990
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MASTER
SETTLEMENT AGREEMENT AND
AMENDMENT -TO ANNEXATION ORDINANCE NO. 64,
THE TOSCAWILLA ~LANNED UNIT DEVELOPMENT,
PLAN FOR THE TOSCAWILLA PLANNED UNIT DEVELOPMENT
AND RELATED MATTERS
THIS SETTLEMENT AGREEMENT AND &~ENDMENT TO ANNEXATION
ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, ~~STER
PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED
M....I:\T.TERS (the "Agreement"), is made. and. entered into as or the
day or , 1990, by and between WINTER SPRINGS
DEVELOPMENT JOINT VENTURE, a Florida general partnership
(hereinarter rererred to as "WSDJV"), and TEE CITY OF WINTER
SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter
rererred to as the "City").
WIT N E SSE T H:
~i11EREAS, on October 11, 1971, .the Village or North Orlando,
Florida, predecessor to the City, adopted Ordinance No. 64 (the
"Annexation Ordinance"), which Annexation Ordinance annexed
certain property comprising what is commonly known as the
Tuscawilla Planned unit Development (the "Tuscawilla PUD") into
the Village or North Orlando, Florida; and
wcEREAS, the Tuscawilla PUD originally consisted or
anoroximatelv 3,500 acres and was aooroved for development of
9:747 total dwelling units; and --
WHEREAS, the Annexation Ordinance provided for the
development or the Tuscawilla PUD based upon an overall
~~ development plan and set forth requirements for open space,
B~ recreation space and other development matters; and
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WhEREAS, subsequent to the Annexation Ordinance, the
Tuscawilla PUD was developed Ln accordance with the approved
overall development. plan,. subjeci to certain amendments which
redesignated uses of several parcels within the Tuscawilla PUD,
all or which amendrnents"were in compliance with the overall
Tuscawilla PUD concept and approvals in effect, and were
effectuated in order to better utilize open space and allocate
densities within the Tuscawilla PUD; and
0-)
WhEREAS, pursuant to such amendments, the overall density of
the Tuscawilla PUD was reduced; and
WHEREAS, the develooers of the Tuscawilla PUD have asserted
that the Tuscawilla PUD ~as designed with the concept of a
central core (the "Central Core") of commercial property, in the
parcel commonly known as Parcel 61, to service the entire
Tuscawilla PUD, which Central Core was integral in the design of
1
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06/22/90.3
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the overall road system and infrastructure of the-entire
Tuscawilla PUD; and
SE!'.:}';CL~ CG. -FL.
. WHEREAS, on January 14, 1988, Gurfstream Housing Corp.
successor by merger to Winter Springs Development Corporati~n
entered into a Contract to Sell certain real property. to D & M
Investments, which property was located in the Central Core
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREAS, the developers thereafter sought to develop a
shopping center within the Central Core; and
wtiEREAS, a dispute arose as to the rioht of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core; and
WHEREAS, the City refused to allow a shopping center
development within the Central Core; and
WHEREAS, such denial led a series of a~scussions and
negotiations between WSDJV and the City and ultimately to a
series of public hearings to determine vested rights of WSDJV to
develop the Central Core with a commercial use; and
WHEREAS, the City Commission ruled on June 19, 1989, that
WSDJV did not have vested rights to develop the Central Core as a
shopping center; and
. WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ df
Certiorari in the Circuit Court of the Eighteenth Judicial
Circuit in and 'for Seminole County, Florida (the "Court"), Case
No. 89-3589-CA-17-L, Winter Scrings Development Joint Venture, a
Florida joint venture, throuoh its Genera~ Partner, Gulfstream
Housinq Corp., successor by merger to Winter Springs Development
Corporation, 'Petitioner v. City of Winter Springs, a Florida
municipal corporation, Respondent (the "Petition"); and
WHEREAS, in an attempt to resolve the issues surrounding the
Petition, WSDJV and the City agreed to a mediation of this
matter, approved by the Court, which mediation was held on
February 2, 1990; and
WHEREAS, as a method of settlement of the Petition and the
issues surrounding the development of the Central Core, WSDJV and !~1
the City agreed to review the land uses for the remaining
undeveloped properties within the Tuscawilla POD and amend the
2
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6786062AMD
06/22/90.3
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Tuscawilla pu~ to reallocate land uses and densities in a manner
to better utilize open space and allocate densities within the
Tuscawilla pu~ and in keeping the original approvals granted
relative thereto; and
WdEREAS, the property remaining to be developed (which shall
not include real property which presently has or is presently
bein9 reviewed for 7i~e plan approval, plat approval, building
permlts, or other slmllar approvals or matters) within the
Tuscawilla pu~ consists of approximately 366.3 acres
(collect i vely the "Remaining Prope r ty") cons is ting of: .
approximately 32.3 acres designated as Parcel 14C ("Parcel 14C")
approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), ,
approximately 201.3 acres designated as Parcel IS ("Parcel IS"),
approximately 77.0 acres designated as Parcel 80 ("Parcel 80"),
and approximately 20.7 acres designated as the Lake Jessup
Property (the "Lake Jessup Property"), which Remaining Property
and the aforedescribed parcels are described on Composite Exhibit
"A" attached'hereto and~expressly incorporated herein by this
reference; and
WHEREAS, pursuant to this Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
pu~ will be reduced from the original approval; and
WdER~AS, this Agreement is in the best interest of the City
and will promote the health, safety and welfare of the citizens
of the City; and
wtiEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380.06(19), Florida Statutes
(1989), as amended, of the original approval granted to the
Tuscawilla pu~; and
~qEREAS, notice of intent to consider this Agreement has
been properly published and given; and
WHEREAS, the City has determined that it is in the best
interes~ o~ the the City and its citizens to settle the Petition
by adoption of this Agreement; and
wtiEREAS, the City and WSOJV desire to amend the Tuscawilla
pu~ to reflect the matters set forth herein.
NOW THEREFORE, for and in consideration of settlement of the
Petition and other and good and valuable consideration, WSOJV and
the City hereby agree as follows:
1. The foregoing recitals are true, correct and accurately
reflect the matters affecting the Tuscawilla POD and the Petition
as of the date hereof and such recitals are expressly
incorporated herein by this reference.
3
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2. The Remaining Property shall be developed in the
following manner:
PARCEL ACREAGE LAND USE UNITS
14C 31. 2 Single Family 125
1.1 Seneca Boulevard
61 33.0 Single Family 198
1.4 Commercial
0.6 Service Road
15
67.0
104.0
25.2
3.6
1.5
Commercial
Single Family
MUlti-Family
Vistawilla Drive
Fire Station
416
504
80
74.0
3.0
MUlti-Family
Tuscora Drive
1,480
Lake Jessup
Property
20.7
MUlti-Family
166
TOTAL
366.3
2,889
3. The acreages described within each Parcel are
approximate acreages only and shall be finalized at such time as
a final survey of each parcel is obtained. Therefore, the legal
descriptions set forth on Composite Exhibit "A" are subject to
revisions based upon such final surveys and sound land planning
techniques, it being the intent of this Agreement that this'
Agreement be inclusive of all remaining undeveloped real property
within the aforedescribed parcels within the Tuscawilla PUD as of
the date hereof; provided, however, no boundary of any such
parcel shall be expanded by more than one hundred (100)
additional feet.
4. The units set forth herein for the multi-family and
single family designations are the maximum allowable units within
each such parcel and the acreages set forth herein for the
commercial designations are the maximum allowable acreages for
commercial property within each such parcel. Notwithstanding the
foregoing, WSDJV shall have the right to request minor revisions
to such allocations and redistribute units within such parcels to
accommodate sound land planning techniques, provided the overall
units and commercial acreages on a gross basis do not exceed
those set forth above, subject to the applicable provisions of
the City Codes.
/e/DAR
6786062AMD
06/22/90.3
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- 5. The land use designations set forth herein are inclusive
of less intensive uses under the City Codes for develooment of
the Remaining Prop~rty, subject to the regulations of ~~plicable
governmental agencles. _
6. Within the land use classifications set forth herein
such classifications shall be inclusive of all permitted uses'
within such land use under the City Codes and ordinances in
effect as of the date hereof; provided, however, commercial shall
include those uses set forth on Exhibit "B" attached hereto and
expressly incorporated herein.
7. Attached hereto as Exhibit "c" and expressly
incorporated herein by this reference is a depiction of the
Remaining Property and the land uses associated therewith.
Attached hereto as Exhibit "0" and expressly incorporated herein
by this reference is a depiction of ParcellS and the land uses
associated therewith. Exhibits "C" and "0" are intended for
reference only as the City and WSDJV acknowledge that the land
uses shown thereon are an approximation only as to boundaries and
the boundaries of such land uses may vary in order to make better
use of the Remaining Property in keeping the terms and provisions
of this Agreement; provided, however, no boundary of any such
parcel shall be expanded by more than one hundred (100)
additional feet. The parties agree that Exhibits "c" and "0"
shall collectively constitute the certified map and plan of the
Remaining Property in the Tuscawilla PUD. Access points and
roadways show the number and approximate location of 'such
matters, which location will be finally determined at the time of
site plan approval and/or plat approval of the respective
property such minor adjustments and revisions shall be permitted,
provided such changes shall not result in an increase in the
commercial acreage or units on such parcel, except as otherwise
permitted herein or by City Codes.
8. WSDJV agrees to dedicate a one and one-half (1.5) usable
acre site for a fire station located adjacent to State Road 434
in the residential section of Parcel 15, at the location depicted
on Exhibi t "C".
9. WSDJV shall be entitled to transportation impact fee and
other impact fee credits for the dedication, planning,
develooment and construction of Tuscora Drive and Vistawilla
Drive,-which road are determined to be collector roads and other
oublic dedications in an amount eaual to the imoact fee credits
permitted under the Transportation Impact Fee Ordinance or other
aoolicable ordinances adooted or to be adooted by the City, for
right-of-way, planning, design, development and construction of
such roadways.
10. The access points of the Remaining Property along State
Road 434 shall be of the number and in the approximate locations
5
/C/DAH
6786062AMD
.06/22/90.3
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as depicted on Exhibits "C'~ and "0"; however;.i.~'ald~.C:Ecess points
shall be subject to Florida Department of Transportation
requirements, guidelines and standards.
11. In the event of any conflict between this Agreement and
any other ordinance, approval. or similar matter regarding the .
Tuscawilla PUD, this Agreement shall control and govern the
rights and obligations of th~ parties hereto and such aoproval or
similar matter. -
12. Any and all approval, master plans, plans, submissions
and other similar matters affecting the Remaining Property are
hereby automatically amended to conform to and reflect the
provisions and intent of this Agreement.
~ 13. Buffering of the Remaining Property shall be subject to
the provisions of the applicable City Codes at the time of site
plan approval.
~
14. In order to develop the Remaining Property, WSDJV shall
be required to comply with the applicable City Codes, it being
the intent of this Agreement that this Agreement constitutes a
revision to the approved map and master plan of the Tuscawilla
PUD and that in order to develop any portion of the Remaining
Property, the remaining approvals necessary consist only of site
plan, final development plan or plat approval and preliminary and
final engineering approval, as provided by the aforedescribed
City Codes regarding Planned Unit. Developments and specifically
Chapter 20, Article IV, Division 2, Part A, which applies to the
Remaining Property.
15. WSDJV agrees that the City may, at any time, adopt a
special tax district encompassing that portion of the Remaining
Property and other property located adjacent to State Road 434
from the eastern boundary line of the City to State Road 419, for
improvements and beautification of State Road 434.
16. WSDJV'agrees to grant and convey a ten foot (10')
easement to the City over and across the southern boundary of
Parcel 14C and continuing along the southern boundary of the
adjacent real property owned by WSDJV in the City of Oviedo,
Florida, to State Road 426, on or before thirty (30) days from
the date this Agreement becomes final and is no longer subject to
appeal.
17. It is the intent of the parties that although the
Petition be dismissed without prejudice, the Court shall retain
jurisdiction over this matter and specifically with regard to
this Agreement, in order that any disputes hereunder shall be
resolved by the Court, pursuant to such proceedings as the Court
may deem necessary in order to accomplish the foregoing. Neither
party hereto admits to any liability whatsoever with regard to
IC/DAB
6786062AMD
06/22/90.3
6
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the Petition and the subject matter thereof. mf<fh~rQ,._r~his
Agreement is in no way intended to affect the appropriateness or
inappropriateness of either parties' position 9r.circumstances
with regard to the Petition or the events, circumstances and
subject matter thereof. In the event that the Court, at any
time, determines not to retain jurisdiction Over this matter, the
parties hereby expressly waive and agree not to assert the
defenses of statute of limitations and laches in any subseauent
action related hereto. -
18. This Agreement shall inure to the benefit of and be
binding upon the City and WSDJV and its or their respective
successors and assigns.
19. The rights and obligations of WSDJV hereunder are fully
assignable and transferable, including but not limited to, in the
event any portion of the Remaining Property is conveyed by WSDJV,
and in such event the City shall look solely to such transferee
or assignee for the performance of all obligations, covenants,
conditions and agreements pursuant to the terms of this
Agreement.
20. This Agreement contains the entire agreement of the
parties hereto. Any change, modification, or amendment to this
Agreement shall not be binding upon any of the parties hereto,
unless such change, modification or amendment is by ordinance and
in writing and executed by both the City and WSDJV and adopted by
the City by ordinance.
21. This Agreement shall be interpreted pursuant to the laws
of the State of Florida.
22. This Agreement is intended to be performed in accordance
with and only to the extent permitted by all applicable laws,
ordinances, rules and regulations. If any provision of this
Agreement or the application thereof to any person or
circumstance shall'for any reason, and to any extent, be invalid
or unenfqrceable, the remainder of this Agreement and the
application of such provision to other persons or circumstances
shall not be affected thereby, but rather shall be enforced to
the greatest extent permitted by law. '
23. In the event of any controversy or dispute arising
between the City and WSDJV in connection with this Agreement,
including without limitation, in any settlement, in any
declaratory action, at trial or in any appellate proceeding, the
prevailing party shall be entitled to recover any and all costs
and expenses associated therewith, in whatsoever nature or form,
including without limitation, reasonable attorneys' fees,
paralegal fees, legal assistants' fees, expert witness fees and
other professional fees and expenses associated therewith.
24. This Agreement and any modification or amendments hereto
/C/DAR
6786062AMD
06/22/90.3
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may be recordea ln the Public Records of Semici6~e2~oJnty,
Flor~da; however, failure to record thi~ Agreement ot any
modification or amendment hereto shall ,In no way invalidate same.
IN WITNESS WHEREOF, the City and WSDJV have executed this
Agreement as of the date and year first written above.
~
~
/e/DAH
6786062AMD
06/22/90.3
"WSDJV"
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida
general partnership
BY: GULFSTREAM HOUSING CORP.,
a Delaware corporation,
General Partner
....~,; ":.:'~
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J. Glenn M v"" .rr..:r"I ,.j:. .-',
Pre sid e .' ;:;:"...""""
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(CORPO~f..~ ~~~..Rb~) ~: _
:';/:;,\<:'~';~':' '" ,~'" "',/
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BY: HOME CAPITAL CORP.,;' """:11111
a California corporation,
General Partn
By:
.-2'
is E. Vogt,
Vice President
By:
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~ecato, .;."" .. ~
Assistant Secreta~y
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Attest: ?n~~ ~.t:J
Mary T. Norton,
City Clerk
/C/DAH
6786062AMD
06/22/90.3
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'THE "CITY"
THE CITY OF WINTER SPRINGS
FLORIDA, a Florida municipal
~:d:~ Yh.JMoL
Leanne M. Grov7' I
Mayor
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STATE OF FLORIDA /
COUNTY OF 0/,;;;)&1:;
Sc.~:.~CL..:: CO. fL.
r HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer, oaths and take
acknowledgments, J. GLENN MARVIN, III, as Vice President of
GULFSTRE&~ HOUSING CORP., a Delaware corporation, which
corporation is,a General Partner of WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida general partnership, to me well known to
be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed, on behalf of the
partnership.
WITNESS my hand and official seal in the County and State
last aforesaid, this I%' day of .5cr~(r~k " 1990. ~".
- ". \ \ I ./ "....... /
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I !/ (L..CA /IU...A......-/c/ UJ, . ':...... . r,,' ... .
. N~arYI Ptib\iC /:!::: ~'r ~ . 'j I? .<.
My Commiss'on Exoires::::/, .::..~ '-:':
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.. ~.. PuaL:C TArc:ci'lfLC~:O..\AT-LA;,na '_~f"'" ":'_
MY ~OM.Y.JS, .eN <X'>'RE< ':.;'1' -S I ',;. '. .'. '..
STF-..TE OF FLq$IDA ,ec~'U"O iHr.U ..\.i~r;.'1 ~~;~~r~ :~,~94 """~( i,..;~/:.....,,: '<:.:'
COUNTY OF /I~-r V '., "":_ I,:... .'
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledoments, LOUIS E. VOGT, as Vice President of HOME CAPITAL
CORP., a California corporation, which corporation is a General
Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida
general partnership, to me well known to be the person described
in and who executed the foregoing instrument and he acknowledged
before me that he executed the same for the purposes therein
expressed, on behalf of the partnership.
WITNESS my hand anf~fficial
last aforesaid, this ~day of
,.,'''''',.,;,..
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Nota ry Publ' . ....... C.... '....-:,
My Commiss 0 ExpiresS-',)..""./ ~~ ~."..~\
o ARY PUBLIC STl rr a!='':'' ~ ;;J -... ~ '.- :.
CO:.thllSSIO..; EXP\I~S'<:rL ;?lOA., -..J ; ~ .:
BONOCO T~RU NOTARY PU- ..rl: iliA I,;, 993., .. -.I :::
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/C/DAB
6786062AMD
06/22/90.3
10
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STATE OF ~RIDA
COUNTY OFC-!-tr:J-,v:7~
cf
I HEREBY CERTIFY that on ~his day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, JOY DeCARO, as Assistant Secretary of HOME
CAPITAL CORP., a California corporation, which corporation is a
General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a
Florida general partnership, to me well known to be the person
described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes
therein expressed, on behalf of the partnership.
WITNESS my hand an~p~ficial ~s 1 ~~ the/County and State
last aforesaid, this Lfl..,(day of _"~~""""'" , 1990.
-- ,
. S::~H'1;JL:: CO. FL.
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Nocary Public ~ : ~.~ _ ': -;::. ~
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My Cornmissi LPY'/':'\:i:r~es~~~,:.......-- ;;:-" :
TA~ tc;"9:'l't'l" t:n ~,.,.... oJ ~ _.
NO '-510t~ EXPIR~5: MA.. -' ICT~ .. .:. ~
MY C , It.:> OTART PUBUC: uN~1\>! . _, .....,) ....:.::. ,_
STATE OF ~RIDA BONO&:> TMRU 1'1 "\.Y' .........-:'~.....::,' ',./
COUNTY OF JI /.1, .. ,:;" .,'
':'(1/ - . '1\,',.
1',,,,..~~t:~.1
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LEANNE M. GROVE, as Mayor and attested by
~y-qy T. NORTON, as City Clerk of TEE CITY O~ WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, to me well known to be
the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the
same for the purposes therein expressed, on behalf of the .............. :":':-"
al ~ ",.~ "J..' '\
municip i ,-y. .. ,\~':" ""1
..... c:.::-"" .. ...... ". 1
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s~l j,n the County an~,: S.l:;.a'tec-~. ~.'"~\,,,!
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WITNESS my hand a)(~~fiCial
last aforesaid, this ~ay of
Notary Pub ic
My Commission Expires:
...OTAitY ~uaLlCJ STATi 0' "0':101. 1.1 LAlla!!
MY COMMI$SIOH DU'IRlS OE<:lMllIa 0.5, 1~
&OHOED THlU ASMTOH AGENCY, 1He.
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6786062AMO
06/22/90.3
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?=an t:.: ce.~t:e=line c: i.-.t.==~~cn c: v.:i.'1~ S?=~J;-S Ec~e-~c:= 2...~d
~=- ~..e=:-: i';a y, as sho.. i1 .J..n ::: lG to: i-,' L~ t.e.:" So?:- i.. '1S'S l.;......:": Fc--= as recc~ .....eC
?2..a':: 5::::ck lE, paqes 6, 7 c.."1d S, ?1.::llic Recc_;::s c: $e.-:-.:.ncle Cc-.=;::-.:.:,
?lc:-ic.c.; :-...=1 !\.S6c23'05"~. alG:1S tr..e ce.~t.e=li."1e of h'i."1~e= Sp:-i."1qs
Eoclev~ 2E2.25 fee~; t::'1.e.'1ce N.03"36'SS"\.:. 60.00 fee.": ":.:l '::'1e ::oi..-;':: of
De-;'i:_-:inS C:i the Nc=-J1 riS":t-c:-......cy li..ne C: WLite= S?=i.T1qS ::b...:.le.~G.:"c
(l20. R/~.j; ti1e.'1CE rt=l S.S6023'CS"W. alms said Nc:-J1 =is-h-:--::':-~c.Y
line 217.25 feet t!J t.i)e poin':. 0: cu.......\;a.t:l..lre of Co Ciol.."""V'e c::::lcc.ve No:--::'--:-
e..as:-c"'ly, c..~c having a n.Ci.us of 25.00 feet; t.:~ence r-m No:-..h'w'es-:..e=ly
along t.l;e arc 0: said C..!-1"'Ve J9. 27 fee':. tiLrous;n 2. ce..'1-:ra.l 2..."1lqe 0: 900
00' 00" -:.:J ~i)e poin-=. of t.al"9en~ en the E.a.s':: =ight-of-......-zy line c: Nc~'1-
e=:; \':21' (80 I R/"\o"i); thence :!:"1-'T"J ~. 03036 '55 "\-.', along stic E.:..s-=. :-i:;:.-:-of-
.....cy L:...ne 90. 7S fee':: to t.i1e poin\: of CU::-~ct"~e 0: a c.:..-ve c::mc.=.ve
7:>c:;:-"'''''ly a..-:.d havi.."lS 2. p"'::; I2S of 1893.55 fee'::: t.'t)e:::::e :-.1.:'1 Nc::--:::"1e.=ly
a..lans ~""e a.=c of sa.ic C'..:...-ve S~. 25 feet t..'1rotJ9h 2. 0::.:;::=2.1 2.rlql: cf 020
32 '57" t.a a ?=,L'1\:; t.he..'1ce leaving stic ;':>c:;\: riqht-c:-......cy line, ...-.
1~.S602:;'05'.~. 270.83 fee:' to t.'t)e ?Oint of c~v"2.-.::1.l!:"e 0: a Ciol..-vE c:mc.ave
So'..l':...7weste=ly, 2..."lC h2.....i..ng a rad..ius of 27. S3 fee~; t.."1e..:ia: =-.:n Scu-::',,-
ea..s:-c-ly a..lC':'1g the a::c of sa.id c..:...rve 40. 4~ . feet t.h.=ouS1 2. ce:.-==2.l
a.!'1qle c: E3014'H" ~ the FCint of ta.T1Qe..'1C)'; t.i1e..l"Jce ':--.=1 S.lO"22'1~"~.
172.25 fe:e": 'to 2. !='Oint 'On t.l;e a.fcresa.ic Nc::-:';'1 ::i.gi1t-of-\.;ay li.ne of
it;'; 'i~ S?=i.:;qs 3:Julevarc., sa.ic point being an. 2. C":"'-Vc c::)nczve Nc~""-
e.=ly, a..-...:i r.zvir1S 2. .r2.Ci.us 0: 1825.. 92 fee-=.; t:."1e...~ce ":.:..-....:.U 2. '::a."lqez1'::
:::e.:=i...ng c: S. 82016' 07 "'i-I'. , :--.=; W=>-5te=ly alans t:.~ a.=c 0: stic c..:.:..~
.:;...,d a...lC:::: sai.c. Nc=-_'1e=lv =ic::-.-::-c:-I-eV .:!..i....e 72.01 fee~ -:':--_=O_~'f'_':.,a_
~i-::=al 2,.""1::1e 0: O~ 006 I 5c" ~ ':...'= o:J:".'1':: 0: bec:::...r-..!'~"1c, c:::;w...~~.,,::
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(Page 2 of 15)
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F;orr. 7.he cer.terline of in-;.er>ec:~or. o{ ~'ir.:er Sp;in~s Eoule-
vcr C Co r. C "c:- 7. her n h' c)' ass how r. i r: p 'I Z ~ 0 f \.,' j I, -;- :: Fi S p r: j !, G 5 U r, 1 T
FOU;:, 2$ recorded in Fla. Book IE. P2ges to i b E. F-ub1ic re-
'c (\ res C j- S E ii. i n G 1 e C 0 un 7. )', t lor i C 2 0 run Ii. 8 C. ~ 2 ~ 0 C 5 .. E. c ion ~ 7. r. E
cer.arl1ne of ;"'ir.:er SprinC's Soulev.:rd 282.85 fee:.; :.hence
J, . G 3 c 3 6 ' : : "...... c C . 0 0 feE, t; i? poi n ton :. h e /; 0 r : t, r i 9 r, -;. 0 f ..... Co )'
1 i n E C f S 2 1 c: ;'" ~ r. : e r S:J:- i n 9 S B 0 u I e.v ere, S c i c: pc 1 r,:' be i n 9 0 n .:
cur \' e con C .: v e j, 0 r :. her i y and h a v i n q 2 r Co G ius 0 -; '1 0 e 5 . S 2 -; e e : ;
: Ii e n c E: of rom i? :. c n 9 e n t b e 2 :- i n g 0 f ri. 8 6 0 2 3 I 0 ~ "::. run E c s :. e r 1 y
c ion 9 i. he G reo f s c i d cur v E Co n d i? 1 0 n 9 s Co i d r; 0 r :. he; 1 y rig h:. 0 f
..... c Y I 1 n e i c . 0 1 fee t : h r 0 u 9 h 2 C en.. r c 1 2 n 9 1 e 0 -; o!. 0 0 c t S 2" :. 0
the poir,: of beginning; .hence leaving scid Nor:her1,y right of
..... G)' 1 i n e I r u r, I;. 1 0 " 2 2 0 1 ~ .. \.,'. 1 7 3 . E ~ fee t to: h e poi n: 0 f cur \' c -
:Lire cf c C'JrvE concavE: Sou:h.....es:eriy 2nd hcving a radius of
2i.e:= fEe:; ther.:e run Ncr:hwes:eriy ,long ,he erc of Seid
curvE t..O.t.t; fee. :.hrough 2 cen:r,1 ang'l€: of E:elt.'~l" i.C the
poin.i. of :angency; thence run S.E6023'DS"\..'. 270,83 fee.. 1.0;;
. poi n.. 0 ri . h e ~ , S I. e r 1 j' rig r, -;: 0 of "'. 2 Y 1 i n e 0 f Nor. he; n '..: 2 Y (8 0 '
R/~') s2ic; pci." beins on 2 curve conC2ve ~2s:erl)' and r,2....1n9
c reCll1S of 18~3.5: fee:; ,hence from c :2nger,: bearins cf
t,' . 0 1 " 0 3 ' 5 8 " \.,'. r u ii ~: 0 r ,h e :- ) y c Ion 9 : h e 2 r C 0 f S G ide u r v e a n c;
c Ion 9 S 2 i ci ~.; s .. e r ) y . i 9 r" c -; ". 2 Y 1 i n e 50. 08 fee i.' : h; 0 uS r: ~
cer,;.r:'1 allsl!: of 01"30'35" :0 ~ pcin:; then::e "1::\'in9 s?id
E = 5 ~ ~ r j j' r ~ q r,:, G. f .,.; 2 Y ., i n = run r;. 36 (i "; - I C' 5 to ~. 2 ~ 7. 9 5 f e = -: ~ Q
:he pain: ,of Cur~2:ure of a ::urve concave Sou:nwes:erly and
r.c-vin:- c rcc-;us of ii.52 '==., 'thence run So:;:r,:::;:::-1)' alon9
:he 2.(; of s:~d Cu;vE li3.0i feet :r:rouoh 2 cer.:ral 2nc"IE of
e3=it..'~1" :0 the point of :angency; the~c: run S.10"'227'1~"~.
/1 ?:; _00 fee: "" 0 c' D 0 in. 0;, i. h e 2 of 0 res a "\ (; I~ 0 r : he; ", y r i 9 h ... 0 f w a ':'
lin: of ~'~n...er Sp~in9s ~oule\'?rd, s?id poir.. b:in9' on c curve
cor. c a \' e Nor L. her 1 y and r. 2 v i n 0 2 . r c C i l! 5 0 f 1 0 E 5 . S 2 of e e : ; L. h: n c e
from a :2noer" b~;:rinc of S~7~"3i'!:'6"\..'. run \..'es:Eriy clong the
erc of Scid curvE end-clone said l~or-:he,lv ,-;eh: of .....c)' 11nE
50.02 fee; ;hrouoh a cen~ri, anc1e of 02.~8'2i- ~o ~he poin~
o f bE 9 inn ins. C o.~ :. c i n i n g i: her e i ~ 0.: 97 S c c res r.1 0 reo r 1 e S s .
- (Page 3 of 15)
('
(~.
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4~f<\ ~i,'..):'
PA.~ 61
'2
2 7 7 I~ f, Q--:
,: ~ l: ",I
\-1 .
S::.~ihCL:: t...... :-1
"";.;, r 1...
DI~SCJ:ll.JTION - ['M1C!:.:L "I,.
f'ro.... ti,e centerline interseclioll of wincer Sorings tjoulcvard and Noc:herr. WilY, as shol..'n on thc
plac o[ Winc<<l" S!'rings Unic 4, recordcd in Plat noo;. 1,8, ""<;Ips 6. i CI"'C 8, F-ublic f1ccords of
Seminole County, Florida; run N.0)O)6'55"W, along che centerline of Northern Wilv 17~.78 feet;
tllence N.O€02)'os-r:. 40.00 feet to ,,'point On the C<lSl ri9hc-of-l..'ay line o[ Norr:her-n WAy, ."aid
pOlnt Ut<in9 the point of curVlltlJre of il curve: Concave C<lst<:rly aile! havino a rilclius of 11193, ~5
fee:; run thence Northe::-Jv along said rioht-of-I.''''v Ilne and alone tllC arc of s<:i.; Curve 30~. 34
'"0' '''ooooh · 00'''''1 .no10 01 ".". W " "'e poi", 01 b",inn'ng, 'hence eonUno, NonheoJ,
i.lc.:lI(; the arc of said curve 453.33 (eet throuer. a central allqle of 130';3'01"; thenCE: run 5.700
J:>'lO"C. ISl.el ff:c;t; thence N.26012'2i"E, 203.35 feet to thc Soutr, line of .. 110 tOOt \lide
J'lorid.. "ol..'er ilnc! Light Comp;,ny r::ase,nent; tJlcnce N.~4005'37-w. illon9 said SouCh line 1611.00'
foo, " ..i. E,., ",h'.ol-ve, line of NO"h,," Wo" "..nco N.".".".C. olon, ui. E"" ri,h,.
Ol-I.."~)' li.ne J26.7< [eec to che pOlnt of curvature nf a r:urve ConC"ve SOuthcast.erlv ilnci h':'vine il
rodiu, 01 '10.00 Ie", OUn ,honce Nnnho'.'''l, 01ao" ",. 'oc 01 ,.,d eurv, <l'." I." 'h";""
" cenc:-al iln<Jlc of 60012'23" to the noint of reverse CUrVCll:ure o( a cllrv-. CO"CilvC NOrthwcsterly
,.nd lI.Jvlng " rur.Jiul; of 296.17 feet; run Chencc NOrtheasterly 177.65 feel: .110ng the arc o( silici
<:<Irve C!'l'OU':J1: 1\ centrul angle of 34.06' 09" to the S"'Uth line of laC :cot "'ide flo;:-lca PC,w".:-
Cor!,oration Cascmcnt; thence S.l?solO'12-r:. ~10n9 suid Souc:h line 90'o.7j fee:; thence: 5.27015'
OS"t.:. 17'2.07 fee.t,t.o tne fiorCherly :-i9ht-of-";"l' line of Winter S?rin<;:s Doulevnrc. s"id ri']I'c-
o(-I.'a;- line: being on u curve ConCuve SOuc.heastc:-ly and "<.1ving .. CndlUS of I2lS.10 !eel; t.hence:
(com. '.nyun, boooino 0' S.".l""-w. 'un Sou'hvo""", .1000 ,," ",h,-or."'l' lino '.00 Olao,
the .1rc of saId C\l:-V!, 737.53 feet throuoh a centJ:ill .:.neJp: of )~.46'29- co the point of lanoenc}";
thcnce $.2702U'2G"I-I'. 261.56 feel: to the"point of curvature of iI CU:'ve Concave Northl..'cstcrly Clnd
h..Jv'ing a radius of 10eS.92 feet; run t.hence SOut!'''''es::.erl~' .110n<.l tIle ilrc of silici curve 960.'09
t'le,,; thence N.Io022'19".... 50.00 feet to the beginnln9 of a curve Concave riOr,-hl..'c~cerJy .1nc
havln9" radius of 1035.92 t~et; thence from a cangenc bearin,? of N.79037'46";:. run NorChe~sterly
illono che i11'C of said Curve 170.76 fee: tl1rouoh a cenC:-cd allele 0; 09026'~~"; thence N.190<U'
~U"\..< 315.30 fec';.; thence N.e90J2'31..\.... 119.75 .:eet co :hp. Poinc Of. ue9innlnc;, con;:;aininq tlJe::-e'in
32.9979: nC:es.
(Page 4 of 15)
(-,:':' .
. .
... . .~.:.. ~ .... 100 _ " "."
2C:(::, ? ..iCE
r'"
'\.' ;.' 72/ - (-
.1." .
n !i P '.'
u 7' u l,
DESCRIPTION:
S~~~i~LtCLE: co. fl.
~
That part of the MAP OF THE PHll...LlP R. YOUNGE GRANT, as
recorded in Plat Book 1, Pa~es 35 throuszh 38 of the Public Records of
... ...
Seminole Counry and that part of Sections 5 and 8, Township 21 South,
Range 31 East, Seminole County, Florida, being described as follows:
Begin at the Northeast comer of said Section 8, TO'WTIship 21 South, Range
31 East, Seminole County, F1orida., thence run S 00024'55" E along the
East line of the Northeast 1/4 of said Section 8, for a distance of 205.56
feet to the Poine of Intersection of the Northerly Right-of- \\Tay line of the
Lake Charm Branch of the Seaboard Coast Line Railroad (100' R!\V) with
the Easterly Right-of-Way line of the Black Hammock Branch of Seaboard
Coast line Railroad, said Point of Intersection being a point on a curve
concave Northeasterly having a radius of799.85 feet and a chord bearing
of N 49002'35" W; thence run NorLbwesterly along the arc of said curve
and said Easterly Right-of-Way line through a ceneral angle of 08011'08"
for a distance of 114.27 feet to a point on a curve concave Northeasterly
having a radius of 651.23 feet and a chord bearing of N 20036'17" W;
thence !-un along the arc of said curve and said Easterly Right-of-Way line
through a central angle of 54035'00" for a distance of 620.40 feet; thence
nm N 06021 '38" E along said Easterly Right-of-Way line for a 1540.,55
feet; thence leaving said Easterly Right-of-Way line run S 89032'22" E
along the South Right-of-Way line of State Road No. 434 (60' R/Vl) for a
distance of 131.05 feet; thence run S 00011'57" W along the East line of
the Southeast 1/4 of Section 5, Township 21 South, Range 31 East for a
distance of 1958.31 feet to the POmT OF BEGINN'JNG.
TOGETHER WIlli:
Commence at the Northeast comer of Section 8, TO'Wllship 21 South,
Range 31 East, Seminole County, Florida, thence.run S 00024'55" E along
the East line' of the Northeast 1/4 of said .Section 8 for a distance of 205.56
feet to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (100' R/W); thence run N 54034'57" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66056'09" W; thence run Northwesterly along the .
arc of said curve and said Northerly Right-of-Way line through a central d
angle of 24044'10" for a distance of 845.83 feet to the point of tangency;
I
! ,
; .
(Page 5 of IS)
....
thence run N 7901(~'.4" W along said Northerly Righ~;;Of-\Val k~ for a 0 4 8 5
distance of 691.26 feet to the point of curvature of a curve conca\!t.'.!i.1iCi...:: CC. FL.
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Nonherly Right-of- \Vay line through a
central angle of 11046'38" for a distance of 536.92 feet t6 ~e point of
tangency; thence run S 88055'08" W along said Northerly Right-of-Way
line for a distance of 96.48 feet to the Easterly Right-of- Vlay line of
Proposed Visrawilla Drive and a point on a curve concave Southeasterly
having a radius of 460.00 feet and a chord bearing of N 44053'28" E;
thence run Northeasterly along the arc of said curve and said Easterly
Right-of-Way line through a central angle of 69000'18" for a distance of
554.01 feet to the point of reverse curvature of a curve concave
Northwesterly having a radius of 790.00 feet and a chord bearing of
N 44050'50" E; thence run Northeasterly along the arc of said Curve and
said Easterly Right-of-Way line through a central angle of 69005'33" for a
distance of 952.65 feet to the POINT OF BEG~TNING: thence COntinue
Northerly along said Easterly Right-of-Way line and said curve having a
radius of 790.00 feet and a chord bearing of N 05022'51" E through a
central angle of 09050'25" for a distance of 135.68 feet to a point of non-
tangency; thence run N 06010'16" E along said Easterly Right-of-\Vay line
for a distance of 100.50 feet; thence run N 00027'38" E along said Easterly
Right~of-\(\Tay line for a dist2nce of 214.99 feet to the point of curvature of
a curve concave Southeasterly having a radius of 25.00 feet; thence run .,
Northeasterly alon!l the arc of said curve throu!lh a central an!lle of
. - --
90000'00" ror a distance of 39.27 feet; thence run S 89032'22" E along a
line that is 25.00 feet South of and parallel with the South Right-of- 'Val'
line of State Road 434 for a distance of 404.53 feet; thence ruJl
N 00027'38" E for a distance of 25.00 feet to said South Right-of-Way
fuje; thence 01ll S 89032'22" E along said South Right-of- \(\Tay line for a
distance of 639.86 feet to the West Right-of-Way line of the Black
Hammock Branch of the Seaboard Coast Line Railroad; thence run
S 06021 '38" W along said West Right-af- Way line far a distance of 502.66
feet; thence leaving said 'West Right-of- \Vay line run N 89032'22" W for a
distance of 1039.34 feet to the POINT OF BEGIN1\TJNG.
. '.... ."' - . ..... -.'.....#
Eac,~ . ? ~G:
TOGETIlER WITH:
Commence at the Northeast corner of Section 8, Tovmship 21 South, Range
31 East, Seminole Coumy, Florida, thence run S 00024'55" E along the
East line of the 'Northeast 1/4 of said Section 8 for a dis~jce of 205.56 feet
to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard' Coast Line Railroad (lOO' R!\V); thence run N 54034'57" W
along said Northerly Right-af-Way line for a distance of 293.14 feet to a
(Page 6 of 15)
I
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.Y'....sStJP PFOPERTY
? C1
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.5 C1!:./ PT/ ON
'- -..,...
. - [L":\"{ fjR:\.'- I
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n I. 1 P ., "c ..., () t l, H':
n P\:1t l)()()~ , '::-
less.
(Page 15 of 15)
\,........)
81
'-'
C\~~
;:>:'-,
~
-
..-
~~-;
..0
r~-!
.,...,
,"
C. .
,. ,"',' f
; a raOIUS'''O 1959.19 feet and
1 Nonhwester]v a]on~ the
.\' ay line throu'~h a c;mral
t to the point of tarl2enc\,:
Iy Right-of- \Vay lin-e fo~ a
~ of a curve concave
thence run Non.'r,westerlv
~iS':ht-of-V/a\' lir1e L.1rou;h a
;.92 feet to the point of ;:;
I Northerl v RiS':Dt-of- \^/a v
~ - -
sht-of- \Vay line of
;'19" E alonS': said Westerlv
- .-
D the point of curvature of a
540.00 feet; thence run
S':ht-of-\Vav line throu2:h a
- - -
36 feet to the paine of
erly havL."1g a radius of
E; thence run
d Viesterly Right-of-Way
isrance of 185.33 reet to
j Westerly Right-of- 'viay
for a disI.ance of 356.04
~ ')').0 00 f t>r' .' Q,,' Q, ~ 'I.
t ......_). .e_~, d1_nc_ j un
"nc~ Ml'n Ni L -/ oO~ '~O" 'F
- -.. ~ .' - - -' --
7'21" E for a dis~ance of
R ' N ~"'.A (60'
lte oaG _ o. -;.)~
:1 Right-of- \V ay line for a
E along said SOU~"l Right-
'leaving said South Right-
, 25.00 feet; thence run
d Darailel with said SOUL~
I the POi...Dt of curvarnre of
25.00 feet; thence run
a central angle of
l S 00027'38" W along
willa Drive for a dist.aJ.'"1ce
:id Westerly Right-of-
1 a curve concave
~ chord bearinS': of
Ie arc of said ;urveand
53058'36" for a di~t2.J.'"1ce
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"..;
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or re::orc.
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:lccordin8 [0 [he rl:ll rccnrdcd in rl:ll flook 1. r,,"C '. of [hc Puhlic Record'
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{Page 15 of 15}
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(Page 15 or 15)
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(Page 15 of 15)
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(Page 15 of 15)
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(Page 15 of 15)
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(Page 15 of 15)
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(Page 15 of 15)
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Con;;l:ning :0./ :\cres more or less.
(Page 15 of 15)
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C/BJM
6786062PCU
07/30/90.1
(-::::.-. EXHIBIT "B" C';,
PERMITTED COMMERCIAL USES
following uses are permitted in the Tuscawi;la PUD:
Administrative publi~ buildings;
Advertising agencies;
Alcoholic beverage sales (package);
Alcoholic beverage, on-premises consumption, provided
food is also served;
Alterations and tailoring, shops and services;
Antique and gift shop;
Appliances, sales and service;
Artists' studios;
Attorneys;
Automotive accessories sales;
Bakery, retail;
Bathroom accessories;
Bicycles, sales and service;
Bookstores, stationery, newsstands;
Bookkeepers;
Bowling alleys, provided either (i) no building may be
located nearer than two hundred fifty (250) feet to
any residential property line or (ii) the proposed
developer shall provide reasonable evidence that noise
emanating from inside such building cannot be heard
from residential property within the Tuscawilla PUD;
Butcher shop, retail only;
Carpets, rugs and linoleum;
Car wash, automated and enclosed, similar to Shiners
and those associated with gasoline service stations;
Churches;
Cleaners;
Coin dealers;
Computers, hardware and software sales and service;
Confectionary and ice cream stores;
Convenience stores and markets, including those which
sell gasoline, provided gasoline pumps shall not be
located within two hundred fifty (250) feet of any
residential prop~rty line;
Dance and music studios;
Day nurseries, kindergartens and day care;
'Drug and sundry stores;
Employment agencies;
Financial institutions, banks, savings and loan;
Florist and gift shops;
Full and self service gas stations (major oil
companies), including those providing mechanical
repair service, car washes and convenience stores,
provided these are located adjacent to State Road 434
and no gasoline tanks are located within two hundred
fifty (250) feet of any residential property line;
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C/BJM
6786062PCU
07/30/90.1
C";
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Furnittl ,., retail;
Grocers, Letail; those whose business include and are
limi-ted to the retail sale of grocer ies including
produce, meats and household goods, but shall not
include the sale of gasoline:
Hardware stores;
Health food:
Hobby and craft shops;
Hospitals and nursing homes;
Ice, retail, when associated with another permitted
use:
Insurance:
Interior decorating and draperies;
Jewelry stores;
Libraries:
Loan companies;
Locksmiths:
Luggage shops:
Medical clinics and laboratories:
Outdoor advertising signs sales offices:
Paint store:
Parking garages when associated with another permitted
use:
Pets shops and grooming:
Photographic studios:
Physical fitness and health clubs;
Post office:
Private clubs and lodges;
Quick printers;
Radio and TV broadcasting studios, excluding towers;
Radio, TV, video and stereo sales and service;
Rental shops;
Regulated professions, offices and professions
licensed and regulated by the department of
professional regulation pursuant to F.S. Ch. 455 and
F.S. 520.80, as now existing or as hereafte~ amended;
Restaurants;
Schools, public, private and parochial, service
vocational schools (such as cosmetology, medical and
dental-assistant's training) requiring no mechanical
equipment;
Shoe repair shops;
Skating rinks, provided either (i) no building may be
located nearer than two hundred fifty (250) feet from
any residential property line or (ii) the proposed
developer shall provide reasonable evidence that noise
emanating from inside such building cannot be heard
from residential property within the Tuscawilla PUD;
Sporting goods, retail, such as Sports Unlimited,
Sports Authority, Oshman's, Robby's and specialty
sporting goods stores;
Swimming pools; sales, service and supplies and
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contra(,\~::;,Srs associated therewith;\.'
Taxidermists; _
Telephone business office and exchanges;
Theaters, no~ diive-ins;
Title companies;
Tobacco shops;
Toy stores;
Travel agencies;
Wearing apparel stores;
Hairstylist, barber shops, beauty shops;
Musical instruments, sales and service;
Record stores, music stores;
Optical services and sales; ~
Camera shops, Photographic stores, Photo developers;
Party supplies and services;
Doctors, Dentists;
Department stores and clothing stores, such as
Burdines, Iveys, Jordan Marsh, Ross, Marshalls,
K-Mart, Wal-Mart, Target, Service Merchandise;
Fast food restaurants, including drive-through
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cf. Specialty groceries and foods, such as Petty's,
Barney's, delicatessens;
cg. Office buildings and office parks, general;
ch. New car dealerships and customary associated services;
ci. Tire stores and services customarily associated
therewith, such as Firestone, Goodyear, Allied
Discount Tires, Sears, K-Mart;
cj. Automotive services, specialized such as oil change
and tune up centers;
ck. Boat sales and services (new), including customarily
associated services;
cl. Retail sales: Building and Plumbing supplies,
including those associated with hardware stores, such
as Tru-Value, Ace, Scotty's, Handy Dan's, Builders
Square, Horne Depot, etc.;
cm. Cabinet sales, retail;
en. Cold storage and frozen food lockers when used in
conjunction with a primary use such as grocery,
restaurant and similar uses;
co. Manufacturing and assembly of scientific and optical
precision instruments;
cpo New recreational vehicle dealerships and customarily
associated services uses;
cg. Roofing, retail sales, when associated with another
permitted use;
cr. Mini-Warehouses and storage;
C/BJM
6786062PCU
07/30/90.1
3
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Pest lj~trol and exterminating s~~~ices, offices, no
chemical storage;
Nursery products and supplies, plants, tree& and
associated uses, including stores such as Frank's
Nursery, White ~ose~ et~.,.not including,manufacturing
and wholesale dlstrlbutlon of bulk materlals;
Home improvement stores such as Scotty's, Builder's
Sauare, Home Depot; and
Video stores, sales and rentals.
larties agree that intended uses hereunder include those
.lly associated with retail commercial areas and
,ing centers. It is the intent of the parties that this
is not all inclusive of permitted Commercial uses,
ded that additional Commercial uses shall be subject to
pproval of the City Commission. The uses hereunder may
ee-standing or part of an attached shopping center.
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SOIL BOUNDARY
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STDJ WAU.s MA Y BE RE-
QUIRED ON LOTS 60-68
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OWNER/DEVELOPER
SULLIVAN PROPERnES, INC.
130 S. ORANGE A VE. SUITE 200
ORLANDO, nORIDA 32801
PI/ONE: (407) 425-6623
CONTACT: ROB YEAGER
TYPICAL POND SEC TIONS
STORMWA TER MANAGEMENT SUMMARY
POND 10
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WA TER QUALJTY REQUIRED
WA TER QUAUTY PRO~DED
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24.0
25.0
1.26 Ac'-n:
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NORMAL WA TER [lEVA nON
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WA TER QUAUTY REQUIRED
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20.0 (N. WL)
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NOTE: PROPOSED N. WL ElEVA TlON IS EQUAL TO ESTlMA 7fJ) SEASONAL HIGH WA TER ELEVA TlON
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DI~OED ENTRANCE
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CARS BETWEEN S.R.
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CONCEPTUAL BUFFER PLANT LIST
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roOT TO CONSTRUCT TURN LANE
UNPLA mD /
TREES.'
RED MAPLE
CRAPE MYRTlE
WAX MYR nE
SlASH PINE
LAURa OAK
YAUPON HOlL Y
GREEN PI TTOSPORUM
INDtAN HAWTHORNE
AFRICAN IRIS
PARSONS .J.JNIPER
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DWARF CONfTDERA TE JASMINE
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------------- ----- ------------- --------' -----------=- ----_::~----=:: ---~=---_::~--- - -.
----------------------------
- -- n - - - -- - __uu.. un ~ -- - - - -- - - -- - -- - ----~ -- -- - --- - --._ S. R. ___4~~ _iR~~T::~~~A'(VARI!s)_ n _ r-- - - ---- - - - - - -- - - - - _:'n - ~~~~~~ ~~ ~ ~~-~-~~~~~ ~ ~-~~~
- __._ - _~ - - __ - - - - ~ - - - .._:'1_ _ --rc----- _ _ _ _ _ _ _ _ _ __ - .--
___ . J ~ I--------- ----to ------------. .IXSTOP SIGN . -, - --- - ---
-------".--- -- .- .... ---- / C"\j . ---- : ~
_ __ __ _ __ _ _ _ ~ _ -lot n _~_ * _ nrL /_ L_ _ __ -'~ __ __ __ L _ _ _ _ __ _ _ \~, _ j - - n ~~ ~,~~;;, ~.:~,~,~,;;- - -- - -- -- - -- - - __,n _n_ - - ---- ~ -- - -- - -- -.-: - -'\:--=- -~"" -- ----
N 89'49'01", W, .,T N 89'49'07";W 25O,w' ~/ -;" -- - - I "-89'49'i/l"-W- -j- 9f~.6r - - - - -- - - -- - - n - - --- - - - - - - --;"- - - - -- - -- -: - -.- - - - - -., -\ -- -\ \,- n -- - - - -- -~-.r;.- - - . -
- - - ~\I.00~' 7 ~ll -~~;lf"J~"-:i r!ll: / 1 ~v COM' -0<; ": ';p( 'i? (-.. " .. T"." ".~.. ~.." ". 1/ ~ 7'#//. ~~.. - ~\~\\~~ 1-\.-
. / / 1./ I {1:6 ~71 ~/ ...--::;;- ~v"\, . A" I -- -____ /~/~ ~ ~ " ""'j FIRE STATION TRACT
: X I 108118,'" 11701 [L I Al8-Of \ ". i . I I .~ 2;. 3;. 4' 5 <6' 7 ~8 -~ --6, 10':jk ;;;j ::: ~. " I (NOT INCLUDED)
. / /// / t~s~ l;~5~J~J r~si;1'~4 /RETENTlON ,~\liC-o~; r~~~~R.'TY .__ ___---- '" . ~~ 0k~ ~~ '''/. ) \ ~Li~~~T~~~r~~~If ;~D
{. ~'" :/i~ ,,' r ~/,"'.~ TRACT 1 / ,. /: ./" <,' ~ 0?& Ch~ '\
l j. iii ()~7 / ~~ ' :~~.\-;;/S \ IPON~'JJ/. ~,; .\ou\-=;#~~- ~- =:1 - STR~ET:""A'~ "{ ~ " -"--- ~+HP ~~ ;/,,/) (A'C.O\' \
_ ~ 4!-//1- ~~/j ~1'~~ ({. ~/'1 ~ / l/stfrfoN ~ ~(~'fl~~--. ~-59~5-0~ <^. ~-~=--=-.. ,.~/-;; h.~~.7.."..../"/ ~;:~~~~.~>..... .1, / t/tiSDIC,nON
<'":___ ,I: c __ 1-_f!__-i~~IO'J.V ,2 ~ I----~ .TRACT-4 //" )~m /: 7} ~ 50' 50' 50' 50' 50' /' 50' @'/8"'<<>. II .
,CONSERVATlPNJ j! riL'j,m, [$Vr ""\ ~ ~ V 7~ // 'AB-3 / 1 ~~: _- __ / w~~.. //.'.'.'.... f..,.. ..,/ :5;c~;iNT["~'iC[ "\ \
TR ACT 3 . '1,../ / 66 / ~ /" Q I ~ ., ,~. // I. --- ./" '- ~ m~', l / / . . ~
1./ 7 /r69.lL _/~~ /.c "I:t ": ?:. (5"'< \~. \ ./) 110' ?. :23 ~ 22 ~ 21'~ ~ ~ 19 ~ 18) 'J7 ~ 16 ~v 15 ~ 14 ~ ,/' 3....'.~ ~~;/ . N 8if">52'JY- W /' , \ J48.86' 7.-
I 1/ {' I r-' --f- I \. t"l ~ DF~~ .}'" ~........... . ~ II . -- "/ //,,/ . //" ["':"-77 '// / /1 ,j ~/,,///
\ wnB III fi I 165 I) "'.~\ / 74 ~'" K ~ 80 ~ .. : _ _-- - ,- -~ %;;:/ / /.t~, ~/.v ~ /2(!//////y/,:</f.i /. /;:1';//A' --'
\t:.!.!.J I I I i I I~! I 7~ ". ' ". '" '" ' .;--('" 110' '" ... - ~ 50' SO' SO' SO' SO' 50' SO' 50' 50' ;/<.:;~ //j / / / /l . r;;; ~02/' I ~~/~ /%:/ /A'1 ~
\ I ~ 111' L.;- _ ~~ ~, '" ,,'" 50 50' 50' 65 I . 6. '/.. z: ./ //A "/ ~~/rw-8 /:;~/j ///),'/
\ I r-- 1- ----t \ 7C' I ~ _ 1- l/". /' - SJR,W:) / / .?f;. 1~% (//'/ // :/ /b '. / I <.//;;;//:; ~ i/ \
, I \\ 64 ~ >( ""<. " "H~ ! / I;" ,.... / 1JN";>C>""" d:?/' ~ /;;~ .I~~ ;;; EtENTlbN.y '0// ~~ /;j)
77~ 31 ~ 32g
. \ \ \ '-. _____~' _____ _--..._ _ ('\ "'", ~,~ ~\. \ \ l~s~ / SToP'.) / . \ . . ij~ ,/tv> " ~ /.t.,.j ~ fPON, .~OJ~~2 vdl',~."/J 6
I : \\~~ --::--------\/;"\\!J2 j,.~ \\~~~ K\.. l~ _-- ---- --'" S~G" I ) / '/--~ ,.~. \ I) /h: '/ ';1/ . ~{. ~f7- // ~~/~'/ !J y ~ 'Y~\.\
I : \ \LV-- -. __ ~ ,,~\U \~ ~ t,. ' '-~ ~ 50. 50' 50' _ _ 059'~ ~ ~<. / 'I,'" ~. ~. C'. ,,' _~. ,,' _~. ". -// -/ ;;;//;;~.o(. r..././ / < "; ;-.'~~/f.o'./' /.' ,/. ~
I: \ A;)vli fOOt1/ ~ " ~ \ \\;fl. Ii I ~ <" '- -.: II. 8.SAN~ : =:';701 . 1 ": - L -\... --;; ;'t=d'-"'-'A · ____ ,~- ~- -- /// /,,..2 , 'f~~~:0'7~<2~- J /' 2::1,.: /j /o' ·
" : nooo UNE A'----- 'I ~\\I ~'1 ; " ,~"'- -. ,'R. ,',"" ~-- : } =l I ~- -'-' _ "....., . "\, -~ "''1'//'// /~~"/. . .df 1 c':2:a:;~ ~~ rv9" .
'- EL 16.7 (ALSO ACTS ~ \~ III. ,12 I ~~ / ~5 50 SO 50/' 5J ~ . ~ 50. 50 SO' ~J' ~ ,Ii 5J 1 so' so' 50' SO' 50. 50' ~~ 'l.~ .. /./..;."......'........./. 8"..1.. ~ , .'./ '/W ~ I
: --........ AS REAR LOT UNr) /, / / I I rBsLil I // -<j r ..; 15" mL. \\ \@1 . ~ Li ~., ~ ~~ '~~" r ~~ ~ ::;t '/ / ./\ .@
: "-.,\" (~,f~bn~ .,i5(n/58~ 57~ 0 55~ 54~i5!Js;!~~'~"?5(t~_.yl~i48~ 4~\~ 48~ 45~ 44~ 43~ 42~~~.~.~..'.(11.~,.;,/fx~;..~.rii.~~~cl'~~-SR'MIOJJRISOICnON
: """~- \ 1\ \ \"'\ ~_ \_ \ 3, I. LJ ./ / I I . .' <'6' __ __ _ _--: I r - 15' mL. \ I ~.~'l% v:: ~%../.....:.Jr~// <~~/%/ /1. ~/.~~,/ ~ ."f \ i UNE
. ~ ...... \ \ ,- , \ r- I I I . \ . '-.! I [SI,< I . /j/ /// "'-+ .. /,. , ~j/./" \
. ' " VI5 \ I <,". 50' ----. 50' 50' 5.)' L, 5J' 5~ 50' SO' 5J''''~ I 5J' 50' I .,50' 50' .5{1' 50' 50 // Je"~/" '0 r/' / -A;:I/~
r . , ':-;;:\~\ ~ \ \ ~ 1 i 1 i ~ t 1- -I I i- 5 890S2'J9" t-, IJIS,59' -'t "-"\ -- - ----j- -- -"/- --- - -----. 1 n -'- -,'1( ---- - - 1-' - - -. -~1 L -- - __1.1_ -'':-::: ~:-:: '.-:r] , r - , -
"'. 1 ", \,\\\ \'\ '\! : I II , I I I '.... 1--".-J: ',....I / I}. 1 ,',,", , : :,: l-l. , { I
) . . ~ \ \ \\ \ 1 \ \12'\ I I \ I I I I I . I I 1.Y1. ". I I ....... I
. ~) \ \~\<c. \ I IT: \ 122 121 ~20 I 119 118.. 117 I \ 116 115 II 11l.. I 113 I 112 I )11 I: 110 ! II 109 I 1~ II. I
, ' \,~. ';;10, ~~ ~ ~ I" I I ~: , "'. :,\' I II '.l I I I; :1: I 'I~ \1
~ LOT UNE LOCAnONS TO BE: .. \\ .. : '
, ADJJS 7fJ) TO A CCXJMODA TE . TIE IN TO 4 - REClAIM . . rom . \
PROPOSED 15' Unl.. ESMT. WA TD? IN HO'MJ.L CREf]( ... ~!!.; .- APPROX/AlA TE UAlITS OF SURnClAL ORGANICS
RESERVE: PHASE J . '. : GREA TD? THAN 1.0 FOOT IN m/CKNESS PER
4 - FORpE MAIN TO nE _ . . .. YOVAISH ENGINEERING SCltNCES REPORT (9-5-95)
INTO 8 GRA ~TY SYSTDJ IN 71E INTO 8 WA TER .
HO~LL CREf]( RESERVf: MAIN IN 1I0'MlL CREfX . . . . . .
PHASE J RESER~ PHASE J
PUD
NOWELL CREEK RESERVE PNASE 3
UNPLA TTED
SR'MJD
JJRISDICTlON
UNE
SHRUBS:
EXlSnNG 2.6
ACRE POND
l.ANDSCAPE NOTES:
1. ALL PL.ANnNGS VrfLL COMPL Y ~ m WN7ER SPRINGS REGUl.A TlONS.
2. ALL PLANT MA TERIAL SHALL BE Fl.ORIDA NO. 1 GRADE OR BETTfR,
.1 ALL LANDSCAPED AREAS SHALL BE IRRIGA TED.
APPROXlMA TE HO'MlL CRUX
CENTER UNE
SOILS LEGEND
@
@
@
@
BASINGER AND SMYRNA f7NE SANDS, DEPRESSIONAL
~1]
~C
~D
Ae.O.E. JJRISDICnON
UNE
100m. Fl.OOD UNE PER
F.E.M.A. MAP AT EL 16.7,
ZONE AE
EAUGAl1JE AND IMMOKALEE f7NE SANDS
POMPANO f7NE SAND, OCCASlONALL Y nOODED
ST. JOUNS AND EAUGALlJE f7NE SANDS
PUD
THE RESERVE AT TUSCAWlLLA
P.8.#J, pcs. J1-4O
GENERAL NOTES
mE EN71RE SITE 'MLL REQUIRE VARIOUS AMOUNTS OF f7LL MA TERlAl..
QUANn71ES ~LL BE DETERMINED AT nME OF f7NAL PLAN PREPARA nON.
mE DEVELOPMtNT WU BE A GA Tt1J COMMUNITY Vrfm PR/VA TE STREETS.
LOT GRADING 'l+fLL BE DESIGNED TO COllECT A MAJORITY OF mE SUWACE
WA TER RUNOFF INTO THE MAS7ER STORMWA TER SYSTDJ. DETAILED GRAD-
ING INFORMA 710N WLL BE PRO~DED A T TIME OF f7NAL ENGINEERING
PLAN SUBMITTAL
ALL GRASSED AREAS ADJACENT TO STORMWA TER PONDS WLL BF MAINTAINED
BY THE IIOMEO'M'IERS ASSOCIA nON AND WLL NOT BE FENCED.
ALL WA TER AND SANITARY CON'r'LYANCE SYS7DJS 'MLL BE [)[1)ICA TED TO
mE CITY OF 'MN7ER SPRINGS. THE STORMWA TD? CON~YANCE SYSTW 'l+fLL
BE D[[)ICA TEll TO THE JlOtlEO'M-/ERS ASSOCtA nON WTH THE CITY HA ~NG
EAlERGENCY RIGHT OF ACCESS AND MAINTENANCE, IF NEroEO.
TRACT 4 (un STA nON) 'MLL BE OCDICA TED TO THE CiTY OF WNTD? SPRINGS.
ACCESS RfCfITS TO SR. 4J4 FOR LOTS 1-12 AND 68-71 WLL BE [)[1)IeA TED
TO mE CITY OF jlrfNTER SPRINGS.
TRACTS " 2 AND J Wll BE O'M-IW AND MAINTAINED BY A HOMEO'M-/ERS
ASSOCIA nON.
mE PROPOsm CONSER VA 710N AREA (TRACT J) 'MLL NOT BE USED FOR
RECREA nONAL PURPOSES
10. RECLAIMED WA TER liNES 'MLL BE INSTAllED PER CiTY REQUIRfJJENTS AND WLL
BE SHO'MJ ON mE f1NAL ENGINEERING PLANS.
1.
2.
ALL BUIlJ)(NG PADS MAINTAIN A
MINIMUM 50' BUFTER FROM mE
NORMAL HIGH WA TER E.lEVA nON
If.
25' -t
-J- ----.t
10' J~~"---~".~,, 1- l'
DESlGNPROf1LE I I U
I GRADE ",_.' .., ,....
m~ L 4' CONC. SlDEWALJ<, TYP.
MIN, 1 - A e. S c. TYPE I
- MIN. 6- SOIL CEMENT BASE COURSE
MIN. 8- STABIUZED SU88ASE TO
F.B. V. 75 PSI, TYP.
If.
t
.,.--
" I 4' 10'
,-,,-~
I I ~'=:} r-
50' R. O. W.
25'
,'<
, ..
.1
4.
5,
6.
.......
7.
Revisions:
.........
Date
Description
By
9.
R.{ p~" Cif, 0' W'.r"it.,.
Spr'",gs emnt. (7-17-9~)
R.-I plr Citl of w:r,t.r
s,,,;"g' emnl. (7-:;>~ -95)
RI" pe" Cifl 0' If.',.,'.''
Sprir,gs emnl. (e '1}-95)
cPB
8.
7-24-95
CPB
7-J1-95
cPB
e .14 -95
P." P'" Cit)' 0' l4",.,t...
Springs emnt. (e '}5-95)
cPB
e -}~ - 95
RfU p." Cit,. 0' J4':'nt...
Springs fino: cmn ts.
P." pe" Cit; 0' l4"r;f."
Springs emnr. (9-1J-95)
R.{ p." Cit.l 0' W'nf."
s,orlngs emnt. (~-19 -95)
9. tv-95
CPB
- MIAMI CURB, TYP.
If.
1-~------
41'
~--~---
I
11,5'
)~------.,
, I, 4'. 4.5' ~,I
'H-l--r'
L,.,\
,>>... .....-.::......:-,.:..:...,...
..,. ... ,.'~r:~i1!r:~
4 - CONe.
SIDEWALK
If.
~-------1
29'
----- /
1
12' _.,_U~:____}
I~, 45' 4' 1
rJo -'-J.--tf-'.
I 1,,,...1 . I
1 1. ALL TRAmC CONTROL SIGNS, MARKINGS AND STREET NAME SIGNS WLL CON-
FORM TO rooT AND VrfNTER SPRINGS STANDARDS..
12. EXISTING VE:Gf'TA nON CONSISTS OF UNfMPRO~D PASTURE, OAK, PINE, BLACK-
GUM AND CYPRESS.
1J. THE PROPOSflJ F.D.O. T. S.R. 4J.f ROAD IMPRO',flltNTS 'MLL PRO~DE AU RE-
QUIRED TURN LANFS FOR SITE ACCEss. F.D.O. T. PERMITS WLL BE SECURED
PRIOR TO CONS TRUC nON.
14. ALL LOTS DlREcn Y ADJACENT TO mE SOUTH PROPERTY UNE WlL BE 'A'
GRADED, AND A 6' PRIVACY FENCE WlL BE CONSTRUCTED wm EACH OF
THESE HOMES.
15. A 4' ~DE SIDEWALl< Wll FRONT ALL LOTS WTHIN THE SUBDMSlON AS IKlL
AS THE RETDmON POND (TRACT 1) A T THE SUB[)(V!SlON ENTRANCE.
16. LOTS 1J-J.f WLL ALL BE 'A' GRADED LOTS.
17. /lOVEll CREf]( RESERVE: PHASE J EASF.MtNTS WLL BE SHIFTfD TO
ACCXJMOOA TE PROPOSED EASFJJtNT LDCA nONs.
18. A 10' unuTY EASfJrlENT ALONG ALL FRONT YARDS WLL CONTAIN AlL
ElECTRIC AND TELEPHONE LJNES.
19, AN Ae.o.E. PERMIT WLL BE A TTAINED TO AllOW THE USABLE 1.5 ACRES RE-
QUIRED IN THE f7RE STA 710N TRACT TO EXTEND TO mE SR'lrYD JJRIS-
DlcnON UNE.
20. A F.E.M.A LETTER OF MAP RE~SlON (LOMR) 'Mll BE OBTAINED FOR LOTS
67, 68 .t 69.
21. mE f7NAL ENGINEERING PLAN 'MLL PRO~DE DETAILS FOR mE TURN LANE AND
ACEl./DECfl. LANES FOR SR. 4J-.f AND mE MAIN ENTRANCE.
22. A SPECIMEN TREE SURVE:Y IS TO BE COMPLETED AND jlrfLL BE USED IN THE
F7NAL SUBDtlASlON DESIGN.
o 100'
Scsle: 1':100'
200'
9-16-95
CPB
70' R.o. W.
cPB
9.2J-95
24'
I
___" _u_
--J,;, -~--~-J -P~}}
6...Jtl d~-6.
RD
Notes:
TYPICAL
STREET SECTION
, "
SITE DA TA
EXISnNG LAND USE
PROPOSED LAND USE
GROSS LAND AREA
CONSER VA nON AREA
NET LAND AREA
TOTAL PROPOSED UNITS
GROSS DENSITY
NET DENSITY
MINIMUM LOT WIDTH
A VERAGE LOT SIZE
LOT SETBACKS
FRON T
REAR
SIDE
STREET SIDE
MINIMUM FLOOR ElEVA nON
MINIMUM LIVING AREA
LOT AREA COVERAGE
MAXIMUM BUll_DING HEIGHT
B~VO
.., "...,
","''''' ",. ...,,,,.........,....,
..."..~
. · Tusk B wffllJ' ,
'-.,' Country ,
- .:;. CIi.Jb ."
, , '. ~!
MIN. ,- AC.S.c' TYPE I
TYPE '0' MEDIAN
CURB (TYP.)
--- MIN. 6 - SOIL CEJJtN T BASE
Oviedo
..' I.,
VACANT
SINGLE F AMIL Y
18.814 AC.
1,93 AC.
16.884 AC.
80
4.25 DU/AC.
4.74 DUlAC.
MIAMI CURB,
TYP.
C)
""
'"
---- MIN. 8- STABIUZED SUB-
BASE TO F.B. V. 75
PSI, TYP,
LAI(E
DR.
0:'
'vi
ENTRANCE SECTION
RED BUG LAI([ ReAD
o
North
North
65'
}------
I I
u,__ ~r -
~I~
I
1
1
5' I
SIDE -f-
I
1
I 50' I
-/- -~-/
I I
--~J'---I
~,~
I
---}
I
--l
LOCA TION MAP
-,
LEGAL DESCRIPTION
1
1
20' ST. 1_
SIDE 1-
I
1
50'
1
1
5' I
SIDE --f--
1
I
BLDG,
PAD
(40' X 70?
50' X 110'
Thot peO"t of the IV.AD OF THE PHILIP R YiJNGE GRA"'T, os O"ecoO"D"'D Ir.
P,ot Book 1, Po.ges 35 thO"o",gh 38 of the P",\:1llc RecoO":>s of
Se"".r.ole Co",rty, FloO"'o:" oe,rg oescr.oeo os follo",s'
SO'O c",O"ve oro so'o \o/pstedy R.ght-of-\,io.y l'r.e thO"o",gh 0 ce-.tO"ol
o.r.gle of 6900()'18' foO" 0. oster;ce of 65036 feet to the pOIr;t of
r"'eve,..-s€" Cl",)....vo."tv.....p of 0. cl.,..oI"-ve COliCC.VE' No,.-tr'#.E'stE'r"'ly hCVlng 0.
O"och..s Of 7JG 00 feet er,,,, 0 choO"d (leoO",r;g of N 71054'55' [I ther,ce
r~"" "J':lr"'t~E'oste""'ly ctarlg the ore of' so.ld curve o.~1d SQld \'/esterly
R,ght-of-\o/o.y le.e thO"Oc<gh 0. ce~tO"el er;gle of 14057'22. foO" e
o sto.~ce of J8533 feet! thee,cp leov,r,g So.lO \o/esteO"ly R.ght-of-
\o,ley Ilr.e O"",r N 3::022'39' \0/ oloeg 0. r.or,-O"o.d.o.l Ir.e foO" 0. 0 sto.r.ce
of 356 G~ feet) ther.ce 0"",' i'O 89052'39' '.I foO" 0. 0 sto.r.ce of 210000
feet, thence 0"",0 to; Oe00721' E fcr 0 d steoce of 10e 00 fept, thence r...n
" 89CS2'39' \,I Co.O" 0 d stCl'.ce ef 1500e feet to. V-,e POl'iT or BeGl"'''i"r;, thence
O"...n to; ~7003'59' [ fe~ 0. dster.cE' of 29295 fret tr.eece O"",r. to; 55038'10' [ for 0.
ostClnce ef el16 fpet, thpnce ~...r. to; 210~7'50' "" fc~ 0. d sto.nce ef 7816 feet!
tr,e'ce rvo " e'1'52'39' \,I fer 0. dstCloce of 34886 feet!
thence 0"..... " 00C0721' E fer 0. ostCloce of 22032 feet to. the So....V-. R.Ght-ef-
..'oy I.r.p of Stote Roeo "0. 434 os oesc~Jt.p:) Ie, OfflciClI Recerds Book 27~7, Pege
~96 cf 50..0 p...t:,:'c RecoO"ds; tr.er,cE' O"...n to; 89049'07' \,I olon\) SQld Sc"tr R.gr.t-of-
I,,/Cly [,r.e fcO" 0 ostooce of 94467 fpet, thpncE' 0"...0 S Oecl0'53' "" fcr 0 ostoncp cf
50e feet; tr,er.cE' 0"...', " 89o.~9'G7' \,I ole~\) SQ'd So....tr. R,ght-of-..IO} Ilr,e fer 0 ds'
ter,cE' of 25000 feet, tr,pnce O"oJn S Oeol0'53' \,I fer 0 clstClnce ef 1500 fpet.
tr,e",cE' ~oJn " 89o.~9'07' "" elor,o SOlO So"tr, R'Or.t-ef-l,,/oy line for 0. d stClr.ce' of 13100
feet r"',ore 0"" less to il--.e ce:-,tE'r-llne of He,,'ell Creek, thence ,.......,,,,. So.....t~~,..~y ctolig tl--,e
cE'r,tE'r'lir.e of I-lG"p\l CreeK fo"- c d stc.nce cf 820 ffE't ~.orE' 0"- less to a pOlrlt In So.lO
[entEO"I,np Of Hcoell Creek lylr.g to; 89CS2'39' ..' 0. dsteoce of 131559 feet r.orE' er less
fror. the PDl"T or BeGl""'''S) tr,ence ....' S 89052'39' E foO" 0 dstencE' o.f 131559 fE'et
.cre or lE'SS to. tr.e POI'iT or BEG1"":,,r;
Co"'.,..,ence et the i'OeO"theost coO"r.eO" of Sectior; 8, To",'.ship 21 So,-,th,
Rer;ge 31 [o.st. Se,.,inole Co",r,ty, FlaO"'cb. tr,er,ce O""r, <s DO 24'55' [
olar.g the [o.st I,r,e af the i'OoO"theost 1/4 af sed SE'ctia~ 8 foO" 0
oster,ce Of 20556 feet to tr.e I\;o~therly R.gr,t-ef-\O,ley lre of th,e
Leke [heO""'. BO"o..ch of the SeolcocO"o COo.st lIr,e Ro.'lO"oCD noo' Rlght-
of-\o/ey); ther,ce O"",r, I\; 540. 34'57' \0/ olar;g se'o i'Oo'theO"ly Rght-of-
\o/ey Ilr.e foO" 0 o.sto.~ce of 29314 feet to. 0. po,",t or. 0. c,-,rve
car;cc.ve SOvth",esterly ho.v.r.g c. O"co.",s of J95919 feet cro 0 choO"o
(lec>O",ng of N 660. 56'09' '.I) ther.ce 0"",', I\;oO"th",esteO"iy o.lor.g the o.O"c
of 50.10 C........vE' c.r-1ol 50..IOi r--.;or"therly R.gr-,t-of-\Jcy l,r-,E' tr.rO.....gh 0.
eer,tro.l o.r.gle of 2~O~~'10' fo.- 0. osto.r,ee of 84583 feet to. the
po,r.t af te'.ger,cy' the~ce rc<', N 790J8'14. '.I o.lor.g 50.,01 NOO"therly
R,ght-of-\O/cy llr;e foO" 0. 0 ste'.ce of 69J 26 feet to tr,e pa.r,t of
cv....vo.tv....e of 0. cv....ve cor-,cc.ve S':J.....t~.".E'5tE'r~y hCVlng 0. ro:)'l".Js of
261209 fE'etJ thE'neE' r",r; i'OoO"thoestE'O"ly elor;g thE' o.rc of So.'O
C",-VE' er;" So.,O NoO"theO"ly R.ght-of-'.Io.y lir.e tr.O"O...gh e cPr,tO"OI
cr;g:e af 11046'38' foO" 0 01 sto.r.ce of 53692 feet to the po,r;t of
ter;ge~cYI thE'r;ce O"ur; S '!:i8 55'C8' \0/ o'.or;g so.loI >":GO"th€'O"ly R.ght -of-
\%y 11..e foO" c o.sterce of 17811 fE'et to the \.I€'stedy R.ght-of-
\o/c.y Ilr.e of V,stc",lllo DO"ive, ti-er,ce O"",r.oN 10 23'19. [ 0.1ar.9 so.'o
\o/estedy R.ght-of-\O/o.y l.re foO" G osto.r.ce of J623 feet to the
po:nt of cv....yo.t.........e of a c........vE' Cor,cc.vE' So.....tr--,E'cs'terly hcvlr'G 0.
0"0.0",5 of 5.:000 feetl t"'er,ee r",'. i'OoO"thecsteO"ly o[o~g the o.O"e af
BLDG.
PAD
(4-0' X 70')
b
-
....
20'
20'
5'
20'
b
....
....
1":100'
B-21-9B
CPB
CPB
BKG
TUS2PSO 1.DWG
Scafe:
Date:
Design:
Drawn:
Checked:
Dwg File:
18.2 (Based on 100 Yr.
Flood E1ev, of 16,7)
1000 S.F.
60%
I
1 I
lj~ - - ~
REGULAR
I
1
__J
I
I
..y_u__ L:l~ -
I '
CORNER
--'}-
TYPICAL HOUSE ELEVA TION
35' (2 STORY)
ContClr';r",g 18 8:~ ccres rr,o"'e 0"" less c.r";d ce;ng s..A=JE'::t to Cony ,.-,ght-cr-\IfI'~y ""E'~tf""iC-
tIOi\S end ecsE'r"",e:-,ts Ot ,..eco,.-cj
FILE:~S2
TYPICAL LOT LA YOUTS
.....-
"fJJU_ _
-
Tr _
If 11'1.11
In, ...
.'IN .. r
- II
J I fTVN
Sheet ~_ Of _L-.._