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HomeMy WebLinkAbout1998 01 26 Regular Item E ;. ,. \; H ) --I '0',01 :1 .~ '-. . II". COMMISSION AGENDA. ITEM REGULAR X CONSENT INFORMATIONAL E January 26. 1998 Meeting MGR. ({ ltV\ /DEPT. ~ . Authorization REQUEST: The Community Development Department, Land Development Division, presents to the City Commission, for their action, the Planning and Zoning Board's recommendation as it relates to the Preliminary EngineeringlFinal Subdivision Plan for that project known as Wagner Station PUD. PURPOSE: The purpose of this agenda item is to present to the City Commission, the Planning and Zoning Board's recommendation as it relates to the Preliminary EngineeringlFinal Subdivision Plan for that project known as Wagner Station PUD. This project is located on the north side of S.R. 434 directly across from Winding Hollow Boulevard. The plans are to have three hundred ninety-six (396) lots on one hundred thirty (130) acres. The property is zoned Planned Unit Development (PUD). APPLICABLE CODE: Section 20-381(10) Planning and zoning board review: The planning and zoning board shall review the final subdivision plan, and the staff recommendations to ensure compliance with the master plan. The board shall either recommend approval, approval with modifications, or denial of the plan to the city commission, stating their reasons for such action. The applicant shall be invited to the meeting. Section 20-383. Final subdivision plan. .' January 26, 1998 Regular Agenda Item Page 2 (1) The name, location, legal description, acreage and type ofPUD. (2) Identification (name of the individual, the organization employing the individual, the address and phone number of the organization) of the present owners and developers of all land included in the development and identification of all consultants involved in the preparation of the master plan. (3) A vicinity map indicating the relationship between the PUD and its surrounding area, including adjacent streets, thoroughfares and developments within a two hundred-foot radius of the property line at a scale of one (I) inch to one thousand (1,000) feet. (4) The designated land use, densities prescribed, and present land use for the adjacent and all contiguous properties. (5) The existing topography and other natural features including but not limited to lakes, swamps, and flood-prone areas (USGS and FEMA information acceptable). (6) A soils map derived from the USGS Soil Survey and Soil Survey Supplement of the county indicating the location of existing soil types and a brief description of the development capabilities and water capabilities of each soil type. (7) An aerial photo showing existing vegetation will be required at a scale of one (1) inch to two hundred (200) feet. No vegetation shall be altered or eliminated prior to approval of the final subdivision plan except as permitted by chapter 5. (8) A preliminary subdivision plan (preliminary plat) if the applicant proposes to create three (3) or more parcels. (9) A proposed land use plan of the subject property including but not limited to the following items: January 26 1998 Regular Agenda Item Page 3 a. The name and location of all streets, highways, right-of-way widths, pavement width of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses proposed in the development, and the general location of all access points to abutting arterials and highways. b. Each residential area according to the location, the number and types of permanent dwelling units, the acreage, and the proposed density by number of dwelling units per gross and net residential acre. c. The locations, dimensions and uses of all buildings and structures, other than dwelling units, including proposed property lines, utility plans and permanent signs. d. Each commercial or industrial area according to the location, type, acreage, and proposed square footage of impervious surface. e. Open and covered off-street parking areas, including landscaping and extemallighting systems. f Distance of dwelling units from vehicular accessways and parking areas. g. The design elevations and/or renderings and the proposed maximum height of all proposed buildings and structures; minimum setback and building separations; maximum lot coverage; minimum floor elevation; and height of structures. h. Wall, fencing or landscaping between private and common areas, along streets and highways, drainageways, railroads and the perimeters of the development. i. Refuse storage areas and method of solid waste disposal. January 26, ] 998 Regular Agenda Item Page 4 j. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, and other similar public or semipublic uses. (10) A specific landscaping and tree planting plan in accordance with Chapter 5. The plan shall include the areas of vegetation to be preserved, the proposed method of preservation, and any proposed irrigation systems and landscaping materials.. (1 ]) Total acreage and types of open space and recreation areas. (12) Preliminary engineering plans and all land development plans must meet the requirements of Chapter 9 for roads, on- and Off-site water, fire protection, sanitary sewer, and stormwater management systems including existing ground surfaces and proposed elevations; typical cross-sections of proposed grading, streets and sidewalks, canals and waterways; and proposed types of pavement. (] 3) Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continues protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Such documents shall indicate to the satisfaction of the city commission an acceptable method of ensuring that all obligations and improvements designated in the final subdivision plan can and shall be completed. Bonds, or an escrow account, may be necessary in order to satisfY this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continues protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development, shall specifically include a detailed outline of the following: ]. Uses; 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setback criteria; January 26, 1998 Regular Agenda Item Page 5 5. Maximum lot area coverage; 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the area encompassed by a rearward extension of the sidelines of the primary dwelling"; 8. Off-street parking requirements, both enclosed and open, and authorized locations for same; 9. Landscaping and tree preservation in accordance with Chapter 5. b. A developer or owner ofa pun as a condition to receive approval ofPUD zoning or approval of a final subdivision plan shall agree as a condition thereof that these covenants, conditions, restrictions, agreements, or grants must be enforceable by the city and that the city is the proper party plaintiff to enforce the same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a PUD that do not conform with the requirements above. c. In currently approved PUD's the requirements of(13)a above which are contained in currently listed or subsequently revised covenants, conditions, restrictions, agreements or grants shall be enforceable by the city in law or equity in any court of competent jurisdiction. (14) In order to protect the public interest, the planning and zoning board and/or the city commission may request any additional information deemed necessary for the decision-making process. Failure to submit the requested, information will result in the denial of the application. CHRONOLOGY: August 28, 1995 - PUD Master Plan approved by Commission January 26, 1998 Regular Agenda Item Page 6 September 25, 1995 - Property rezoned to PUD December 11, 1995 - One year extension to Master Plan approved by Commission July 31, 1997 - Preliminary Engineering/Final Subdivision Plan submitted for review September 3, 1997 - Planning and Zoning Board approved revision to PUD Master Plan December 8, 1997 - Commission approved private street design request December 18, 1997 - Staff Review for engineering submittal January 7, 1998 - Presentation to Planning and Zoning Board FINDINGS: The Staffhas determined that the engineering plans met all code requirements with the exception of those discussed during the Staff Review Board Meeting which will be addressed during final engineering review. The Planning and Zoning Board agreed with Staff findings and recommended that the project be favorably forwarded to the Commission for their action. RECOMMENDA TION: The Planning and Zoning Board recommended that the project be favorably forward to the City Commission for their action, contingent on those comments listed in the Land Development Coordinator Memo dated December 19, 1997. Further, the Planning and Zoning Board allowed that the project be forwarded prior to the approval of the Planning and Zoning Board minutes of January 7, 1998. ~ January 26, 1998 Regular Agenda Item Page 7 ATTACHMENTS: December 19, 1997 COMMISSION ACTION: - Land Development Coordinator Memo (Staff Review Minutes) - Preliminary Engineering/Final Subdivision Plan - Proposed Covenants (still under review) l:' '! f ! -," . . VICINITY MAP LAKE JESUP SUBJECT SITE WINTER SPRINGS ~ w r I- o o ::> 0 CL ~.. Z O~ o 0 F .Jz c( <( I-CLU VlO g ffi CL 0 ZVl .. ,,~. ~ <(w ~~....J ., .. <( ~ I-FI-<( ~I-I-O JW~o owal_ Q:: :I: ,Z) 0 CL (/) (V) > o 0:: ~ :I: o 0:: uJ 0:: o :I: Ul l..L.. o I- I- :I:~z V) - ~.;,. ~~ PRELIMINARY SUBDIVISION PLAN/ FINAL SUBDIVISION PLAN . CITY OF WINTER SPRINGS, FLORIDA PREPARED FOR CENTEX HOMES 151 SOUTHHALL LANE, SUITE 230 MAITL RIDA 32751-7190 140718 0 csX1 b o o N II I: .- DON ALD W. ENGINEERS 2200 PARK AVENUE ~ORTH, ~.:':t: W J: . It) (/).CLN ou ~n I-Z>-n ~- ...J~ o .....J ~~ w . I- ~ 0 ~< z gu ~ . o " <(/) ow ~~ 5~ o c(....J OlL.. DESCRIPTION: Lots 4, 5, 6 and 7, Block C of "D.R. Mitchell's Survey of the Levy Grant on Lake Jesup," as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. AND Lots 5, 6, 7 and the West 1/2 of Lot 4, Block D of "D.R. Mitchell's Survey of the Levy Grant on Lake Jesup," as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. AND That part of Lot 9, Block D of "D.R. Mitchell's Survey of the Levy Grant on Lake Jesup," as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida lying Southeasterly of Lot E of CHASE COMPANY'S SUBDIVISION OF WAGNER, as recorded in Plat Book 6, Page 64, Public Records of Seminole County, Florida and lying North of the North Right-of-Way line of the Atlantic Coast Line Railroad - Lake Charm Branch as shown on said Plat of CHASE AND COMPANY'S SUBDIVISION OF WAGNER. AND Lots B, C, D and the South 952.92 feet of Lot A of CHASE COMPANY'S SUBDIVISION OF WAGNER, as recorded in Plat Book 6, Page 64, Public Records of Seminole County, Florida. Together with Orange Avenue as recorded in Plat Book 1, Page 5 and Plat Book 6, Page 64. Containing 145.0 acres more or less, lying South of the waters edge of Lake Jesup as located July 26, 1996, and being subject to any rights-of-way, restrictions and easements of record. SHEET INDEX 1. COVER SHEET 2. NOTES 3. AERIAL PLAN 4. OVERALL SITE PLAN 5. PRELIMINARY SUBDIVISION PLAN/ FINAL SUBDIVISION PLAN (EAST) 6. PRELIMINARY SUBDIVISION PLAN/ FINAL SUBDIVISION PLAN (WEST) 7. TYPICAL SECTIONS LA-l. LANDSCAPE PLAN LA-2. LANDSCAPE PLAN - U L&J Q ~ < o ,..... en - en C\l - o .- z o en > w a:: r- en <( -I 0') " ~ (() 0') a.. o " a.. (f) a.. o :::> a.. z o r- <( r- (f) 0::: W Z o <( 3: WAGNER STATION PUD A Mixed Use Planned Unit Development Preliminary Subdivision Plan/ Final Subdivision Plan DEVELOPMENT DATA: Total Land Area: Zoning: Proposed Uses: 145.0 Acres Mixed Use Planned Unit Development (PUD) Residential, Commercial/Office LAND USE SUMMARY: Description Gross Area (AC) Residential Units (DU) Commercial / Office (SF) Residential Single Family 130.1 396 Commercial (Tracts H,I,J) Commercial (Tract K) Right-of-Way (Blvd. A) 120,225 S.F. 17,000 S.F. 12.0 1.7 1.2 TOTAL 145.0 AC 396 137,225 S.F. RESIDENTIAL DATA: 1) Proposed Gross Residential Density: 3.0 DU / AC (396 DU /130.1 AC Res. Area) 2) Proposed Net Residential Density: 4.4 DU/AC (396 DU/89.6 AC Net Res. Area) 3) Proposed Minimum Lot Sizes: 50'x11 0' (corner lot 60'x110') 60'x110' (corner lot 70'x110') 75'x125' (corner lot 85'x125') 4) Residential Lot Summary: Lot Size 50'x110' (corner lot 60'x110') 60'x11 0' (corner lot 70'x110') 75'x125' (corner lot 85'x125') Total Lots 229 130 37 396 Lot #'s (1-37)(56-66)(204-227)(240-396) (38-55)(67-93)(115-147)(164-203)(228-239) (94-114 )(148-163) 5) Building Setbacks/Buffers: Front: Side: Rear: Street Side: Abutting PUD Boundary: Building setback line (BSL) from mean high water: Buffer from mean high water: BSL/buffer from limits of wetlands: Setback for pools from rear property line: 20' 5' 20' 15' 35' 100' (excluding recreational uses) ~O' (exclding recreational uses) ~5' 10' 6) Landscape Buffers: 10' Along east and west property lines as shown on sheet 4 10' Abutting Tracts C-1 and D (C-1 and Professional Office uses) 15' Abutting CSX R/R ROW 20' Abutting Boulevard 'A' 7) Maximum residential impervious surface ratio per lots for principal and accessory buildings: 60% 8) Maximum residential building height: 9) Minimum residential floor area: (For a 2 story residence, the first floor shall not be less than 900 s.f.) 2 stories (35') 1,200 s. f. 10) Landscape easement and stormwater management areas will be maintained by a mandatory Master Homeowners Association. 11) Open space will be a minimum of 20% of the gross land area or 35.4 acres. Utilities will be a minimum of 5% of the gross land area or 8.8 acres. Open space is defined as active and passive areas, conservation, landscape areas, yards and buffers. Utilities include stormwater management areas. COMMERCIAL DATA. TRACTS H.I.J AND K: 1) Commercial Area: 13.7 AC. 2) Maximum commercial/office FAR proposed: 3) Maximum commercial/office / Square Footage: 1.0 FAR 137,225 s.f. 4) Permitted Uses: (Tracts H,I,J) a) Those uses permitted in the C-1 Neighborhood Commercial District b) Professional Office 0:: W I I- o o o 0 ::) Q. ~.. Z O~ o .0 ~ ;iz I- (,) (/)(/)g D::: ~ 0 ~ 0 .. o~.~ <ClLJ ~~...J" .. <(~ I-FI-<C ~I-!::P "")lLJ~o OlLJlD_ D:::I::)O Q.(/)(/)> ~I'O i:NI- (/) Z 5) Permitted Uses: (Tract K) a) Those uses permitted in the C-1 Neighborhood Commercial District b) Professional Office 6) Maximum Building Height of commercial/office uses: 50' 7) Building Setbacks: Abutting PUD Boundary: Adjacent Residential: Side Adjacent Blvd 'A' 35' 30' 35' 8) Landscape Buffers: 10' Abutting residential use as shown on sheet 4 15' Abutting CSX R/R ROW 20' Abutting Boulevard 'A' 9) Impervious surface (exclusive of water surfaces) on non-residential uses shall not exceed 65% (8.9 acres) of gross non-residential area. RECREATION / OPEN SPACE W :I: 'Il) V'l.a..C'j ou .1"") I-Z)-t0 ~--.Jv o .-.J ~V'lw . .~::.:::o ~< z 0(3 ~ . ...J 0 <.:) <V'low zV'l-a::: 0<> o <(..J OlL. 1) Recreation / Open Space is defined as active and passive park areas, conservation, landscape areas yards and buffers. Open space will be identified as parcels are developed. GA TED COMMUNITIES: 2) Lakefront recreation facilities may include lakeview gazebos, fishing pier(s) and docks, picnic areas, canoe launching areas, and pedestrian trails. 1) 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 E. V.A.C system shall be in addition, and separate, from the gate opening system that is provided for the residents. The installation of the E. V.A.C. system shall be done with a vendor of the communities choice. A Clubhouse, tot lot and all purpose court area will also be provided within the active recreation area. 3) Open space provided as follows:: Park/Waterfront recreation area: Conservation: Landscape/Buffer areas: Yards: 3.3 AC. 18.5 AC. 4.4 AC. 12.1 AC. 2) Each 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. 3) 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. 38.3 AC. TOTAL OPEN SPACE PROVIDED: (26.4% of gross area) 4) All recreation areas will be privately owned and maintained by Homeowner Association(s). 5) Individual residential docks to be permitted through Water Management District, State and Federal agencies prior to construction. 4) Entrance and exit gates must allow a minimum of twelve (12) feet of roadway clearance when in the open position. LANDSCAPING /BUFFERS: 5) New communities must come into compliance with this requirement before any Certificates of Occupancy for that community will be issued by the City. 1) A 6' high wall consisting of columns and stockade fencing shall be constructed along the eastern cand western property lines within the 10' landscape buffer as shown on sheet 4. 2) A 6' high brick wall will be located along the southern property line at the Northern extreme of the 10' landscaping/wall tract adjacent to the residential portion of the development as shown on sheet 4 (see location detail sheet 7). 3) Landscaping along the southern property line within the 15' landscape buffer on Tracts H, I, J and K shall meet or exceed City of Winter Springs landscape requirements. SPECIAL NOTES 1) If the development is to request or require signalization at the intersection of State Road 434 the equipment must include the Opti-Com Traffic Control Preemption System. This system shall have the ablility the preempt in all four directions. Intersection signalization will be undertaken by others consistent with conditions of the existing Winding Hollow/Eagle Ridge development agreement. 2) No land clearing burning shall be permitted. The developer shall be responsible for the proper disposal of such materials. . (/) IX) Oo::~ ZO~ _)-1 ~ .. ~ ~ (/)0::"....... W::::>I"'- r-(/)~ <( :; o ~ o r0 (/) <( (/) ~ <( g (/)LL -.- 0:: ~ ..... W a::: (/) Z <C zQ. 2 <( D::: r-.....J ~ Z a... Z ~ -0 :2 ~ 4) See sheet LA-1 for landscaping requirements within the 20' landscape buffer adjacent to Boulevard A. 5) See sheets LA-1 and LA-2 for additional specifications. PHASING 1) The project is to be developed in five (5) plhases as follows: Phase I: 129 single family units & associated recreation / open space Phase II: 110 single family units & associated recreation / open space Phase III: 54 single family units & associated recreation / open space Phase IV: 47 single family units & associated recreation / open space Phase V: 56 single family units & associated recreation / open space DEVELOPER: Centex Homes 151 Southhall Lane, Suite 230 Maitland, Florida 32751-7190 Attn: Greg LePera Phone: (407) 661-2150 2) Each phase will be able to exist as an independent unit. 3) Commercial/Office tracts (13.7 Ac.) will be developed independent of residential phases as market conditions permit. The Leffler Company 1400 Windsor Avenue Longwood, Florida 32750-6830 Attn: Kenneth Leffler Phone: (407) 331-5515 ENGINEER / LAND PLANNER: Donald W. Mcintosh Associates, Inc. 2200 Park Avenue North Winter Park, Florida 32789 Attn: Donald W. Mcintosh, Jr., PSM David M. Kelly, PE Nancy Tyree Phone: (407) 644-4068 OWNER: I ~ D::: o Z lLJ ::) Z W o (/) > -I 0:: <C <~~ ZZ ~ o C) 0 OQ~ - I 2) Potable water to be provided by the City olf Win prings. 3) Fire protection to be provided by the City of Winter Sprl ''3 . 4) 5) 6) 7) "+:G'iJ,,: Electric power service to be provided by Flo)rida Power Corporation. Telephone service to be provided by Southelm Bell. SURVEYOR: Jones & Gen try 136 E. Robinson Orlando, Florida Phone: (407) Cable TV to be provided by Time Warner Coble. St. 32801 841-2122 Stormwater management facilities will be designed in accordance with City of Winter Springs and St. Johns River Water Management District regulations. LANDSCAPE ARCHITECT: Canin Associates 500 Delaney Avenue, Suite 404 Orlando, Florida 32801 Attn: Brian F. Davis, ASLA Phone: (407) 422-4040 GENERAL DEVELOPMENT NOTES park 1) The approximate limit of the 100-year floo<d elevation shown hereon is based on the Federal Insurance Rate Map (FIRM). Development v.vill be consistent with acceptable flood management regulations and practices. GEOTECHNICAL ENGINEER: LJ Nodarse & Associates, Inc. 807 South Orlando Ave., Suite A Winter Park, Florida 32789 Attn: Leila J. Nodrse, PE Phone: (407) 740-6110 2) All project entry locations to SR 434 are slub ject to FOOT approval. 3) Internal project streets (north of security 9jote) will be private. 4) The master stormwater management systenn will provide treatment volume and stormwater attenutation of all areas, with the exceptiorn of Tracts H, I and J which will provide on site treatment and attenuation volume, in accordance with the City of Winter Springs and the St. Johns River Water Management District. Yovaish Engineering Sciences, Inc. 970 Sunshine Lane, Suite K Altamonte Springs, Florida 32714 Attn: Douglas Yovaish, PE Phone: (407) 774-9383 <( OQ ::>~ o...~ Zu> 0'" FZ <(&: ~(/) cn~ W ~I- W~ Z3= C)lL. <(0 3:>- I- - o Discussion of Soil Conservation Service Soil Tyr:pes: Basinger and Delray Fine Sands - the soils in this map unit are poorly suited to use for homesites and other urban development. The main limitation! is wetness. To overcome wetness, a water control system is needed to provide for subsurface drainage cond to remove excess surface water. Basinger, Samsula, and Hontoon Soils, DepresS)ional - In their natural state, the soils in this map unit are not suited for homesites, commercial or recrefotional development, or sanitary facilities. The main limitations are ponding, excess humus, low str"ength and subsidence. Basinger and Smyrna Fine Sands, Depressional - In their natural state, the soils in this map unit are not suited for homesites, commercial or recreatiomol development, or sanitary facilities. The main limitations are ponding and seepage. Eau Gallie and 'mmokalee Fine Sands - The sloils in this map unit are poorly suited to use for sanitary facilities, building sites, or recreational develop>ment. The main limitations are seepage and wetness. Myakka and Eau Gallie Fine Sands - The soils! in this map unit are poorly suited to use for sanitary facilities, building sites, or recreational develop>ment. The main limitations are seepage and wetness. Nittaw Muck, Occasionally Flooded - The soil iin this map unit is poorly suited to use for sanitary facilities, building sites, or recreational develop>ment. The main limitations are seepage, wetness and shrink swell potential. Penida Fine Sand - The soil in this map unit is poorly suited to use for sanitary facilities, building sites, or recreational development. Water control, inclUlding surface and subsurface drainage, is needed to overcome excessive wetness. ~ "c ~ Zen w ~~ W <(0 I a:=z (/) 05; Q. St. Johns and Eau Gallie fine Sands - The so)ils in this map unit ore poorly suited to use for sanitory facilities, building sites, or recreational develop>ment. The main limitations are seepage and wetness. (1) .... en n~ (..) ... IIJ Q ~ < o :lie :I: U ~ ,..., .......~ 10 0 , ('II o ....... .- co ~ ~ o 0 ~ ~ z z Z ILl ILl 0 ~ ~ i= ~ ~ ~ u u u V'l V'l V'l (/) C) C) ILl Z Z 0 Z a:: a:: 0 81 81 (/) 0:: 0:: > ~ ~ ~ z z ~ ~ ~ ~ (3 (3 0:: 0:: ILl ILl ll. ll. ,..., ~ ,..., 01 ~ ~ ('II .- < .......,0 ~ 01 d ('II .... z 0:: ILl m Ol ~ I"'- ::> ...... 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I 1 J I::a- ~~ BY ,JI I .... ~ I I ~ / I ~ llE1I.AND lAIE AS ~ STAKm BY TRACT "~ I 1.../... ... ...... .... .:. ... ....:...~....I".....III~' 1 flll>2/3 I \ It............ - \. avr.....,., r---- =-==~ASSOaA:'__1M . .~ 1::: .... ". / -.... ___"-.. ,......_... .... ____1"""""""'.1"'" _~ r~5' UPLAND ......... -...,......./\ I"" EASEYDlT · -- - I ~ ~ ;w - !--. f.. '.."" _ \ 11 .................... LOT UNE TO LAKE EOGE- ..... ~ BUf'ER.. ~ --- ." -. I'.. A I. . 154 - -__ RECREAnQN _ _ _ .- ...... ~ ,," - ~ - - ~~ /' '-~~ - ,I __Jr /'"........ -r\. ./ ~~ ~.;; HIli ll1J 1112 ,;; -:.~ -.(2.7 AC.) 113 112 / / '/ . /1 j--- ~ rCQlSOlVAlIOHEASOlENTlAIE ' .... ~ "'" "1~-./ ..........1./ '" '-- - - ~ 1- - - /' - - ~ 1117" I .... 1110 1'''~ --I 111 II / I / ~ I v,' ell'," ~ '" "" '" '" "" "" \., i '-- V ,.. .,:.;, . _ ~_ _ _ _ ,.. .. .::::~~ ~ ." ) / / / / / ...........~ '-' ,..... 38. J70 371 372 373 ..... I I 113 182 181 1118 " _ ( ". ~ ."_ 101 / II / / / ~ ~ - -' - - i; "" ~: I - " '''.' '" .- -ll ". ..:-ll 'Q}U / r~- ~ ~ i 1711 142 143 114 '. , (/) N I 311 ' r: .;.;:~ r- -, I J4I ~ 312 .-1 I - ~d;-' 174 '\--- '. \ I 1 / 0.1 AC.,,--- '~_ "-- ~~ ~ .rt- 1--, 1, JIJ 8 : I 347 J4II ~ ~~:: ~'F :1/ .:i 172 17J........- I ~ 140 fI 1111 ~" \ l"lI ~ -/ -I I -\~:l _ - ~ ~ _ ,.. O -.. · '1." 1" I I ,.. ..... 171 , 'I'! r-- _....'--:!': ~aH V ....A-5. .... . .7 I . A . ~ ~ ~ -- : ' JI2"":II~ ~_PllyJ4ll J44 ,J84 '\, .... 1.. 187 -;1/ ..:'" ~~, 178 !I'31 1144 146 ,-. ... - m 1RACT-~ "\11. a.. \},\ 107 LV j .l.~X 101 100 -...4.. \. lA. II 15 14 I ___ r:;-- ...... o " Ii 3I4J ,; ,."~ J4I J4J,j, ~\ ~ L--Y J' 1 _~ In ! 131 148 147 ....L .,..-. _ 'to. \\ f- - -~r.~'u 102...1>. __..... _ __. ~ : IZ ~@",", ~ N .. ': '" I II "". ............. ~ :-- J ' >'-.: ..-7.~ :::----- " 1 j .,. ,.. - - " C......,- _ _ _..0-- ~ 1'\'. r- ~ .. """= h~ I' ~ {ir" ; ! ". ~ .' /~: 312 " Il .~. 318 311 387) ~~...~..~..... ,\~ "" .' ~~~T1: _ 178 _~~__-_ ~ .'. ...............' 117 ~', 105 104 103 \,\~': .- !l"f" II lit -"'\\.)i ........1 U'~:::> W@MARC.USPETERS '.(,) , I \\~"---'~-- ~x '~. "" . (3.7 AC.) --- ~ ::-..... ........ 118'. ..._.__ ~ _ . 17 lID 11 ~:.~.. ........ I ~ 8 o~. . " ~~ :--..... JII ~' ,-/ ~~ 1711 \\ \" 131 ~l!~~I.u '. ~ - 811 ...... SMA-7 I, 0 Z Z lJ) PB '1 PG 5 ii4f~c @ ~~,...::.-:.iI''::~' ._-,,~~~'''' 'I,'~, \ ." '.\ ,,. ~~Ait) PHAS ''''j'' ,~J rr,,\ 13 84 I . .....2 1IJ (r:CIc) : ~2:5~\/\ ,. ;;:~.... :... · J117 JIll JIll 3113 J52 I L:~;~', ,'M.. :8E- ~} \\ \~" 134 '..~TNH ~ 121 1221.1 " eo" 82 73 .72 L71 70 lIt..~ \ LNI)SCNIE -j ~ ~ ; , ,,'<Y, ' ". ~- l. · ~. · '''' "''' I '"1''' ,. - ,,,, P:" _ _ _ -L".:' _~ ~~l' VJ /><~~. I;" : 7 :.... 1:,;...... "'A-2J@!1~ ,,', " _ -, '''' j' .x ' -.-'" '" '" j{:;~~c~ \\ l":f " " '" ~~_ :~__-..-.".:. ~\ ~,: ......~"...: .........~......;..... I LAJI)SCAP[: '.IRACT 8) II' 117.'7' ... _ . _r- - ~ 187 ,. 1811 184 113 182 11.[,..\ ... 130 ~ '.. 123 _ I 71 7lI ,.'"\ I r II .... ~ ... .' I " EASDIENT. ({7.' AC. II.. V"' 1" J -, ~ , .- , ... . I' I ..' ~ i j (PINE 1REES)' ". ~..' 1. 1'"... 1I.[7J ' , 112 .... . 54 I I . i! !,_,_,,_..__".)_h_h'U~:,,_.,.~ \ ..... II ~ '" 200 201 202 :.-.\\\1 r-- . --~-- ';' l"~' J~ - If '''\,p'~...'""-~- ~~,," cd- "~~ ",.,., , ' ' :C' " ;::-:::-, -~- . --- - - \ w_ tf...... , f;:-- - . ";,,.... -. - ~ .. '~?:.:.tf~'ljj '" .' - - --r -\\.. '" ~. : ~ .........., .__..----.-.h ~~\~~-,. i :.., :: 213 212 I .'228 221 230 2311 232 2JJ 2J4 2JS 2JS 2J7 2JlI 2JI lIE..... . ~\... :' :') : : "~ '=...,,' ~ 44 46 .. 47 \ \ ~ ..' 57..... '1' : ! L~~R p~O~LD:\ 1~~~~~Ab?INT CITY OF WINTER SPRINGS ... ':~ ~, 211 210 201 201 207 201 205 204) I ;::-""~.~"""tO' -- ~- :--- ~== -:. --.=, --: ----1 '...LL--/ . ( la:: 128., " ..,...~ SMA-6 l . ....1IlI I (PRIVATE) , LAND U,i~~~B~C2 BUILDINGS ~ f>e k '.. -~. ::.~ - .~-~. - I : '" : U-- -- --G,,-- ---..---- -------~~~~ " ' ... - ~.!" L _ , .." ......" l1'~c~~..:..... '" '\ I : " , @ ...... $EMINOLE'- co~~~~'~.~~-;~~- ~~1~~dF~arUrry, f l! ~ 1 :-:: - -~ ;..: 1 :-:: ~ -:;1: I.. : : i : - f, ': 1:'~ ""':.."" 'AsorT:: ~ 1 - '; { - '" ,,". "~ . .' _..... . --L,)) I ,~: ; ~_ ...j..... ......;;.. . '.,-, · -.'.!';: ~, ., ~. · '" ',: -- .OlOR' : : ~ 'j<: r ti,," ,,' - I I r....J -"~"'@ i" ;.-' , ;' : - -- " .. '" - t-i :' S" v. ' ) t J7 211' \ \ />:l 'I. II 212 : ........ I~~ .... ..' ./ ': :',: '" ... '" '" .., '" .. .. I' :' I I ':1' , . ".. \ V : '''' ,...., ,.. ,.. ... '" '" ,..... · ......., VJ i ..... . : :,' 3M ......- - .......-........ '" .,' .' I",,!! I · I ~ -~-.-- ----" . ,'" 'I ..' : EASEMENT : I 318 .... IIlI , I I I COMMERtOAL . : it' I ': I ~... , , 33 i .., ~ I tn\ RESIDENCE : . / 1 I JOJ 304 30ll 30ll , JJI I I I (10.3 '-C.) : , I I. 7 I I 8 II 10 ,_ a 2114 2llII 2llI . , I 288 ~ WI- U ~:.; If1\ '. / : i..,. i ' " ! ' ' , I \ ,.' mm II ~ 8 . ~ \!y : ~~. 'l\);JJ20 :. !, ~ ~ ~I! ~ J!i ': ; ! i : ~ ~~~::~~Jt_~ ~:~ : "J '" ":;' ! t... "'" ... .., ... ... ...!I!...i ! : : LL 5:1' '.A 't---.::::::. j, I I . II /'I vrr~_-'lO.__~ , 'ON . ~~SMA-1~ "~1=-:::'" '\...'--- · -:r-"-~~~ll m[:: ~~ClCH i ~:C~C~) I! ~.~tii~~'-10'-RF'0"2 ~-"--..I r-_. 11-' - -~--:S:~~~'28II: >- ! TRACT A: -:../" "- -- .......... - ~ Uft I " \ C~WERJM. : COMMERCIAl / ~~. I~ ~ lXMIlIfRb..... ~ ~ : . _.~ _. -:-_ _. __. _.''''''' _. ~~,,:~ : ~ · (2.3 AC.): ;" J22 324 3m 32Il J30 331"'" I I I ,. ~T '"'I . I.. ~ T I (1.7 AC.) IIIQHT....' --4 " I 272 ~ 274 275 _....... 2711 ~ 281 282 2llJ "', I . J23 I I ~ .. . ~ ( " I RIGHT 0lJ1t. I I 13 . . ',..J .' i I ' · I I IIClHT OUT ~ . v I 1 I"!-.. ACCESS ~ I I 14 15 II 17 18 . , . :' · '" I -r- -I: -- - - '" '" .. _ _ _ ' , Y _......""L -~~':--:---.:-~~c-----"'i" J I L "~r--::---f':~ I, __ "'_ '~L '" m '" .' ":-J --- TO U.S. 17-92 ~:~~-o~=.= --_=.~~-:>~ '" -@"'/_.-.. ~~i'_ ~li-_--:-:----:-__=:'~/';:~:_::::7".~<;S:R~~.A~(~@A_Ng.~E~:r~~Jto~._.~.:-_ .. ~@~:'".~.~:.....~~~ _ :~.-,-~_~:.', - ':'~4~~_'~:"::_--.~-_~,~,~.:,~_~~.. ._-/: . .............- --.... , . - ..... _.. -- '-'" ......!.. .. , ,;,.-pc WALL -...:c "'--'- .-" -'. :-. - . 9' " "'.. . __ ... 'IE _.... ...... "" . -~<,=.-c i~ '--- ( , -- ".- , .. .- ..~..:j----_.."'" . C . - -- ...---- ._. . -.~ .......) I. ' -' _, I ....A _ -.- . --. .:' -: I '~... . ....0 ., / :'7[1" ..EU.EIiGElIlCY... __ ,I (. , ~ _ '0 __ .~ ; _.. .' ~,.....,,"i qrv Of' ~---_._--_'_-'.._----_,_--.,,--L- .'-~SS-EASfMENT< ::>co . .. ,. -- U.. . ..'.'. ,__._, _'_0___.". __ '" .. . .t -'~-- --~. ~ S" II' -- -- ,__ - . __ __. " _. __ . . . ..... ..." ... .. . . .... __ _ _ __ . _"._ . . COUNTY UMIT · ~l:I' i , · . " . . l!5 .. : -. . . : : ' ". CITY OF WINTER SPRINGS ..' . , . I.. 16 ...... .. . I STONE GABLE PUD 1 /: I ". I .... .... ZONED C- 2 ..' CITY O~:~~~_~PRINGS CITY OF WINTER SPRINGS CITY OF WlNllER SPRINGS i CITY OF : : 'MN~JYS~INGS I SEMINOLE COUNh'..........,..... ........LAND USE: VACANT ........ ZONED PUD ZONED) R-U I:WI~~E:~~N2GS ~ I ZONED C-2 ZONED A-1 .... ...... LAND USE, VACANT I LAND USE: VACANT LAND u", ."....ON PONO I~""" USE, VACAN I : LAND U'" VACAH::1 LAND USE: CONSERVATION ................. I I ~ i ,j i,"~ is I , a::z III I I ~Ia =TI! I I ~II~ IIII~: : ~ ,I l-i!! I! OJ I. I f, ! I I I , ,I ~~-42=__L_ h -"~~=l~==~ VMNO'iNG ~,oLLOW'" /: / UNIT,/1 /,.r:" . /. . ..-,...._---. ' ." " . /<:<<<' ,.', /....... . ..... /' // . (~,....- .~....._,._.,-_..-..--.......... -." /' .r' ,'" \\ I ,.'.'- '.,.:/'" \ / "\ .., ./ \ i ," j /~'''' ,,(' \ ,,,//"" ,... /" ~-~ ./ ..."'" \" \. ~...'" -_.../ // / ""., /~>. , /.'.' '.,' '", ..... " .'./'. ! . r ."-. .. '__,/,,_ /. /..>/ / ">-=.. .... ...- ./ ./ ., / -- ';..' . /' "-, //IY /l ,/ J/ I . / l LAKE JESUP I , ~/,I ~" ) r, 1~ ~ - - BUS-BARN AREA W :I: 010 (f) ~ C'I . ,.., ~ C,) . ,.., ~~~'<t () .-.J ~(f)wo '~~z 3t< o(3:ici ..JO <(f)aW z(f)_O::: 0<> o c(-.J aLL . (/) 00 O~~ ZO'lt -)-' 'It .. ~ ~ (f)~__ W ::> ,...... I-(/),!, <( o o (f) (f) <( SINGLE FAMILY RESIDENCE -..-..-.. ,:-.- . . <.:~..> ..'/"\ ,j (:~'''::::::~ ~ ...-....- --...... -_.- .- \. SEMINOLE COUNTY ZONED A-1 LAND USE: SUBURBAN ESTATES SINGLE FAMILY RESIDENTIAL I / I I I I I J LEGEND EXlSl1NG ITEM EC - CONSULTANTS ENVlR UNE WATER MGMT DIST .lJRlSDlCl1ON FEMA 100 'YEAR FLOOD UMITS SCS SOIL UMIT SOIL TYPE (PER USDA SCS) SJ \ v v .... . . . .......... SOILS LEGEND - --- - - - - - - - - - - @ ------------- .... ..._ .-t .. - -cw -. ... WATER MAIN, SIZE, VALVE, HYDRANT ASSEMBLY. BLOWOFF REUSE WATER MAIN, SIZE, VALVE, BLOWOFF @ BAR.. AND DElRAV FINE SANDS @ BASND. SMtSlJ-A. AND HONTOON SOLS. DEPRESSIONAl @ BASINGER ANS SInRHA FINE SMDS, DEPRESSIOtW. @ [AU GALLE AND IMUOI<ALEE FINE SANDS @ MVAICICA AND [AU GALLE FINE SANDS @ NITTA. wac. OCCASIONAU. V FlOOOED @ @ . ~~_.....-~.,-,.,~,,~_.._,.. .~,"---. ~~-"'- ... --8f- _.. .-.. --~ an /i .~ .--- as -'.. '-?:i-"" "'oV SANITARY SEWER MAIN, SIZE MANHOLE, FLOW, a.EAN OUT DRAINAGE UNE, SIZE, INLETS MANHOLE. MITERED END SECl10N SURFACE DRAINAGE DlRECl10N EASEMENT LINE BUILDING SETBACK UNE LANDSCAPE EASEMENT STORMWA TER MGMT AREA CITY/COUNTY UMIT LAND USE UMIT S1GNAGEjlANDSCAPE EASEMENT NORMAL WATER LEVEL PHASE UNE .\ , .._- 1 5:; ........ c' I' .'. PENl)A FINE SAND ST. JOHNS AND [AU GALLE FINE SANDS "J7. .,._ SMA-5 - ....- - --- - .:;,.f ___ ~._~ _-._ ....._ _v_ _~_ ._. 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(II i < Q:: o ~ < o z <( ....J 0- W ~ - (J) ....J ....J <( 0:: W > o t- W W I (f) I' lL. o v 0:::: w I t- O o Ci :::> 0.. z o t- < t- Cf) ffi 0 z .. <.:> 0 <Wt- ~...J .. ..t- ~ ~ t-i=t-< o t--O wt-- """}w~O OwCD_ O::I::>O Q..Cf)Cf):? o ~ .. O~ o Jz < o o ...J t- t- IL{)Z Cf) - GAZEBO & DOCK I MATCH LINE B-B IT . .' I I ~ 'MNDING HOLLOW BL VD i~3= I IlL.. I ~ ~ . :r: ~l() (/) .Q..N Ou I- Z .1") z- >-1") uuij'<t ::E w W . .F ......0 ~-< ""'""z 0<3 ~0 ..Jg W <(/)oa::: z-< 5 o <:(...J o ou... . . . . . . . . . . . . . . . . . . . . " ,; , '. ~..:.. " ....r{.'. \ .~ I . :f <( I <( w Z -1 .......25.74 ........ ..1> . 24~4J - . ~~~:,. .:\.~..c.?J;~~_ j .... '.... "2li~ . ~5;;';;16.~f'''!.''7.@J;..-c ;..~I;r...:'E~';...~~.~;t j4. .~ . 25.94 .' :,9~,'2.7,.... . 24;,90;:"r~ _... .. I", - -.. ........\. - .. .2fti,. !~5.tb . . . . DISCHARGE STRUCTURE wi ENERGY DISSIPA TOR I . . WETLAND LINE AS FIELD STAKED BY BREEDLOVE, DENNIS AND ASSOCIATES (ACOE JURISDICTIONAL LINE) END OF SAFE UPLAND LINE LAKE JESUP . . WOODED WOODED LOT LINE TO LAKE EDGE- LOT OWNERSHIP LINE (TYP) I I 100YR FLOOD ELEV. 10.0 (PER SEMINOLE COUNTY LAKE INDEX/FEMA) ORDINARY HIGH WATER ELEV. 2.8 . . CONSERVATION EASEMENT LINE KEYMAP z o ~Cf) >t- Oz CD::> ::> Cf)>- ...J 3:- 0:2 ...J< ...JlL.. Ow I...J <.:> <.:>z o <.:> z- Z < oCf) ~~ ZOl -Ol ~t") o t- I I . . -."l~ ~ ffi~ ~>-ffi ...J...Jw ...J 0:::: <.:> OW 0 I~- 0::::0:::: <.:> 0 w Z lL.. ...J . . ~~~ s-/..N ~ SttA-S.. TRACT D >:: w Z I-@ :::>~..~ 11 . O I w .. if) if) .... o <( ~.~.... ....w.a..o Z tf3' ... -1 W <( ~ ozzm z8:5n:: 2:~ :::> w m if) :::> U1 CONNECT TO 8" REUSE WATER MAIN CONNECT TO EXISTING 12" WATER MAIN . (/) 0Cl O~co zo~ >-, ~ .. ~ ~ (f)~-.. W ::) r--- I- (/) ~ '-" 4: o o (f) (f) 4: CONNECT TO EXISTING SANITARY MANHOLE '. .....~..... -"H-'~h " '~" 41 : . ,. ,: \/.. I P, .~. - . ."-Jl. .. ,", ..~. -- ,""<..J " H_ J2f .. pp 10' . ..,. ,l~ ./ ../ ,-., -.---- I. ----------- , r. ,0,:..... ----~ < o 0:::: o ...J (/)lL.. ~~ Wo:: z< zo.. <0:::: .....J~ Q..z ~ i,~~+ -i.. ~~~~"~ _,~ _ _ _ _ _ _ __ 7 ~.tI' .. . -',! ,/ ~. - 1" J.. '..f' I i'.~"..:j/, ... ,. ,/ ;/ ~ (J) ~ Z - o ~ @ WINDING HOLLOW UNIT 1 .'~ ~.. . ;"'; .-:~ 10.' ,~~.~.~........ .................... I I @ L ~/ 'I - ~,- ',....-.,.......-.-...- fE ~ o z w ::> z o (/) ~ -J ~ < <C ttt ~ Zz ~ 000 OQ~ - I ~ -;""1/-",.,. ::r::: u I- <( 2 l - o - :"01 ~ ...... ... .......... .... ... I ..... , . .. .' .. LANDSCAPE ....... 10' EASEMENT ......@ (PINE TREES1 . . . . FUTU~t SEWER LINE EXT~SION PATH .. .. . .. .. .. .. @ 1 r-~-. I " I Itr): 289' I I L__-12'Z!,....J r-~-. . I : 288 \ : ~! I ,; I ~ L__.12.1:...i..J (/) C) z Q::: Q.:: (/)N I ~U W 1-0 Zw ~Z o LLN o >- I- o ~I (/) t- (!)I~ z - 0:::: ...J CLI>- Cf) t- 0::15 w 0 ~ 0 Z ~ W ...J I.L. 0 olz ~ 5 ~...... @~@ . '"f' . . . . AB-4 .. , " .. L,.~ \ <( Q - 0::: o --.J 1L.. Zen 00 FZ <(2: ~(f) (/)0::: w a:::~ W~ Z~ (!)1L.. <(0 3:~ - () . .. . R01ARY o N ~.~ WAY COl:1NTER~, CLSicKWISE ."'. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . ? / ,I. /@ .~ ,. ~ ~ ~ ~ d 2J @ ~ ,,/ c ::> c.. I': i. .. , : . . . .. 1 . .: . . . .~ .. :; . ' . . : I . . : '. I"~ _ ;.'~~ i'''-'~t-.t_= ~~.~~ BI~~, WA~~"";~~'~~::~"'~'~~AILR.9_Af." (A..BAN9,9!:!ECV_ >...~.__ jWC:~'1~~~..__~Lj , 8:E:G!N ~.--Hl~ -. -.. .. - . .. 24.40 ,.2.4.10.. -. ... ~ ~ .2.J.2o '....80 ...~...- -._-_... .. ;.2J.7t . ....._.__,24..l2.. . 0."--' .""- ....( . - -.... _. . _. .... ...o... .... .._ .J 24.'J _'<~1~2 .. ..~":.QL.... ~J..72. . . ,2J,42._....._ .-.. - ,JU.2..._____ ._._..--:'ZU3..._.___.__M._...~~~. ).t...-.....-....-1 - . .~.- .....- g;.t:. · ..- , . z Rl-1 .... ... f 2;JO.~:;;.~,i'. .~.~ '~I~. .' ~3~~;_~. ~, . __ '.. 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I- W W I (/) I'- LL o to , , " -_ \ ~ ~_ WETLAND LINE AS FIELD STAKED BY / WCt.' OF WATER SEMINOLE COUNTY LIMIT ..---- C~ . BREEDLOVE. DENNIS AND ASSOCIATES / - CITY OF - / .,' :'" _wi .,$AFc~..o:.~,,,,J:...:,.ff/Jf!'?!f? ~1.1~ :" ..:, ~l,. ~ :,' 'b<.",~,: '~.: : .':~ (ACOE JURISDICTIONAL LINE) - ~J~.' ~ .'. . LAKE JESUP WINTER SPRINGs@ufIT \ ~Jf::l~~._~"J~'~if~<~:,'.~.~~~:kt.;~ _~.. :~~/,.~~.... a. ~~':;':'~;~+.;0~' ..,1 :.'.; ';';'lo. ... ..............~ (PER1SV~~EM~INRO~L~E~~CDOLU~NL(T~~Y)L~A~K'~oE6jINDEX'FEMA) /APPROX LOCATION EDGE OF WATER r, . 'b"'1S"~j ~:.~ -.,',-... ~",:F'\f: J .' ,. ,: . ..' .~,..J, " .,~~":. , , "" ,.'. d ' , '~",.-,." '.,' '1""" ~ ~" ,-',." J " , "" "- >' ~ - ";;. <' J"... ~ ,"'" ,", ....!."~':....'..~..'.':,,,....,-'b.""',.,,'::..: ','::" :..'l,., ".'.';)"" :.,' '" ,;".,-:,\;:.":};~<.'~~' :,.:~(" :,:. ....' :,:" ,,' ,...~t' " ~~....;...r :" , "'. 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". ! , !@..\FUtUREWATER....INE J L.----~I _....; 1t I~ 101 101 10 101 iol iol lit), I.-I 11229 II II II I' 'I 1~.;Ji;Jfl- ,~., I ,11:,' ,. lOll I ',. I l ' a .. . ."L.. '~I "t;;~ r , I I I I I I I :f I I I I I I I I I , , I r I lIP" I I Ii... \ EXTENSION PA}'H I l\ ....-::::..._', ~..... 1 f f f f f f f : I II L____.J L____J ~-46"J L-SO' L-SO'-J 4-sO'--I L 0'- 4':"6O'-J L.":6O'-..J L-6~.J l..~1ltO'-'j 1...___ 8'---'.' ,,~/ " I \ CITY OF WINTER SPRINGS .... ! :.@ I~ ,~N~~ L~!!1rL~1QJ L2_Q.9_J L~~E!J :2_0J_J L~Qe.J L~Q~J L2.Q.4.J~ I l /~ ~o' ,----- ---.-t -------t-~--- ~7~-, ~~~~:., ~~~-;--c---~t;~~-7 ----- -----~~ l~~,~ U \ I, .. i:, (f}7~J" pUg.' I ~ 5(' 5n' IV\' 1 "-n' "0' 35'''' I I '01 1'------- 1-0;-- ---t---- -;-~7--:;:-'-~--,----':'~-=.; .~-"':'------:---- . ---:\ " ,-,-~""--.L~ I . \ · ....~ - _....lJ _.._~_.........lJl:_ ~- ~ ~-- ,- .0 I .22"7 I . ., : . ' ............. I ZONED C- 2 ~ I i ...~ "10 1/- .<--. 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SEMINOLE COUN~W;- ~--' -~ ';;L~~;;C=C=.. .~ o-~f @~ :CIT~ OF ~~-R-SPRiN-;;S :- :-I---"-----"---.;....;.--=Sf6NE<<rABLE--PUD~.:F.' .;.;~--- -TTaW (fFfl Wfij-TER--~RI~is.r:;~I~~of~N~iSPRING~"~ SEMINOLE COU N TY SUBURBAN ESTATES ~: I ZONED C-1 i: CITY OF WIINTER SPRINGS TO" ~ArCH BASI'" fL~V '" 2203" I L ~?O' ZrJ'cl ED R - U/ ,l .Z,~NE~ _ C- 2; · I ZONED PUD LAND USE YT~P..lI.l-.-,.._,._--......j LAN~"UC. RETENTION POND I U1-\ND 1.15E.~ cVAGAI~rr:, 43\3 ZONED A-1 SINGLE FAMILY RESIDENTIAL :. I i LAND USE: VACANT I! : ~~~~:I ~~:;:~!.: . LVM-WJli. : ;:-;-~E'R12:';2:!r8'Rc;;-1 Ff MATCH LINE B-B , - , , ....' .. 'f " . J I , I ( __I [, i~.~\ , , ''r , , I I / I r i ! I I J ,-.J , I ; / I I I . ./ ;' ; ,. I I i I I , I I , , I { /1 ! ' J J I I I I J I i , ,.' ! '--. r-_ / c..... ! , , ..' - I I ~--..- ---- -'--.-. ~_.- - -._---..~ ....\ I, , I \ \ !..,- " I" \ ! ; 1 ., \ I I /., '- ,.;,. a::: w I ~ o o :J 0 (l. ~.. Z O~ o 0 i= ....1z <( <( ~ (,) Cf) 0 -' ffi 0 Z .. 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Oz g CW~ - I - R I - I (30" X 30") <( 09 :::>~ a..~ Zen 0'-' FZ <(2: ~(f) (/)0:: W ~~ ~;: c."LL <(0 3:~ - o SIGN LEGEND €T@, 'W liil IIDlOI ~ ~ RI-2 (36" X 36" X 36") R2 - I (24" X 30") R6 - I R (36" X I 2 " ) R3-5R (30" X 36") W14-2 (30" X 30") C)~ zq -w ~cn ~< 0:: CD 05; (l. t:::: ~ u UJ Q ~ < o ~ :r u ,:.: " 0) 0) ......... ......... o 0 ~ ~ co co ~ l5 Vl Vl I- I- Z Vl Z Z w Z W 0 ~ 0 ~ 1= ~ 1= ~ ~ u ~ u u Vl 0 Vl Vl en C> ...J C> W Z Z 0 z 0:: t5 0:: 0 5; Vi 5; (/) > 0:: >- 0:: W ~ ~ ~ a::: ~ ~ ~ ~ 5 ~ u ~ U 0:: 0 0:: wow a.. < a.. " ,.... ~ ~ ~ 0) ... < ~ '- 0 o 0) ... N o .- Z 0:: W CD m ~ '" :::I ..- Z <D ~ m -.. ~ '8 00( ..- ~ II ):. CD o W ~ ~ ~ :r < u 0 ~ f' J ~ o ):. " CD f' o w Z C> Vi w o ~ 00( o ~ f' t; ~ o , ):. f' m ! ~ 0:: 00( o 0 "'~ Z..... <((f) ~~ ~ Zz Q<( (f)....J 50.. - Oz mo ::>- (f)(f) >-~ (k:C <(m z=> _(f) ~....J ....J<( Wz (k:_ o..LL .... W W I (f) '" lL.. o to LOT TOP OF BERM EXIST.J GROUND EXISllNG L GRADE - - CUT Q:: W I I- o o Ov> 0 ~Z ~.. ZFO~ OU 0 1-v>.3z <C <C I- U v><cO U...J Q::-O wo.. z>- .. ,,1-0 <CWI- ~ ~...J .. .. <C~ I-FI-<C U 1-0 IJ.JI-- JIJ.J~O 01J.J(Il_ Q:::J:::::>O o..v>v>> EXIS11~G "\ GRADE ----\ ~f'.O I- I- :J:f'.z V> - LOT LOT LOT 5' -~- 5' LANDSCAPE EASEMENT TRACTS L & M 10' CSX RAILROAD (ABANDONED) (/) W 0::: <( > S.R. 434 6' HIGH WALL TO BE PLACED WITHIN TRACT ADJACENT TO LANDSCAPE EASEMENT WALL TRACT DETAIL ALONG S.R. 434 SOD 10' TYP. SEE NOTE 1 10% MAX. ~ VARIES VARIES VARIES J -L3' MIN. 4:1 -r<r> . At.. '\ ,,^~'J.... -:;'. '\ ~. 1 NOTE 1. STABILIZE TOP 8" TO FBV 50 TYPICAL POND SECTION N.T.S. R/W SO' 25' 25' l' 4' SIDEWALK 8' 2' 8' 10' 2' 10' ~ 6" - MIAMI CURB 2" 2X -U. 1- MIN. ASPHALllC CONCRElt: SURFACE COURSE (T'l'PE 5-1) 6- MIN. SOIL CEMENT (MIN. 7 DAY COMPRESSIVE SlRENGTH OF 300 PSI). 8- MIN. STABlUZED SUBGRADE (FBV 75) . SOIL CEMENT 300-PSI BREAK SlRENGTH SHALL BE A AELD BREAK STRENGTH INlERNAL STREElS 2 LANE UNDIVIDED ROAD SECTION R/W 40' l' 4' .33' 10.16' 4.5' 2' SIDEWALK 8.5' 8.5' ~ MEDIAN CURB -m. RB .t GUTlER ~ CUT CONCRElt: SIDEWALK ROTARY ROAD SECTION R/W 4' SIDEWALK -a LOT LOT LOT LOT 10' LANDSCAPE EASEMENT 10' 10' LANDSCAPE EASEMENT 10' COMMERCIAL TRACTS H, I & K S.R. 434 WALL TO BE PLACED WITHIN COMMERCIAL TRACT WALL c!c LANDSCAPE DETAIL BETWEEN COMMERQAL TRACTS c!c LOTS 10' TYP. SEE NOTE 1 10% MAX. ~ TOP OF BERM ~EXIST. GROUND 4. 7 J. '7 l'yp . 1\1-4 . .( l' rEXlSllNG GRADE -- FILL CONCRElt: SIDEWALK LANDSCAPE EASEMENT 20' LANDSCAPE EASEMENT R/W VARIES( 0' -JO') SOD\ LANDSCAPE EXlSllNGl GRADE -- -- CUT R/W 20' LANDSCAPE EASEMENT l' 4' 2" 2" MIN. 8" MAX. - CUT CONCRElt: SIDEWALK 4' SIDEWALK 2X 24' ~ :I: l.LJtl) V> Q.N . I") ~U _I") Z~~V "0 ....J ::EV>W . ~~O ~-< Z oU~0 ....0 W -<V> a Z~5Q:: o <....J o alL. 11 III II II I I ! ' \ \ FILL REQUIRED '\~':. ':. ..:.:.:.:.: .-':':',' .,': ::: .,':::: ::. ::. :,' ':. .:: '::.: '::. ::. ::.:' .. ~..: .:: ',','::., ::.l:..t..:~ :'. :::, t ~-:' .: ':.'. '. . :.: ..2..L!"...... ."-2..::. ::: . '.: .:: '. : .:: '::.\::. ': :.::' ':. ::: '.':: ': . . ':. /,':: . , .. ~~~ '~ I '. : ':. .:::........::-:':.. . ". ':..::',':.,' ..............:. ".":. ......... ~ :'.... :~ ...': ~.., ~ :/ . . . . . / ~ . . . . . ~ .... .. " . . ... . ... ,.. ...' .... '" .,. . .. ., . ... .....'.. .... . "..... - .. .. ...... """"-- - ~ = ::.? :': :':? ::: ::::::: t-20::~: .:.' :-::. "-:':::::':::;'::-::~::":"':"~ ":.:":: 2::[T/<:'~ : :-::"':~.:,:..:. ..:::::.-:::: :::<:~ CUT VI:,:,:: :::~ .:. .:-~ :::X;:: :.: :-:: ,'<:':. CUT REQUIRED :~::- ::':':::-, CUT REQUIRE]' ::-::'::.::: .:: <,::':::-:- -:':-.,:::: .::-::-: <.:....:-.-::: :::: -:::;.::~.-:,< ':':":" REQ'D '::.", .."....'.'.:...:..:: ,"... . ..-',,". .,..\.., . . . ..... .,., ". ..' ..,,~ .. . " .. :: :-::-: .l::-::-::-.:- :- -:-:'. .:.. ::-.:-"-:..: ::,':->.: :-. '. '..:"\'. :.-:-:::- .., '. -:: -:::: ... :,'.:-> -:-: ':. '''-:,:. ,':- ~:: ~:".:,:'- ., .::- . . . ,',' ,,'..": .- '/" ...: ":. ":- :~, . . . . ~ '. .- ... ".:: ,.. .... ~ ~ "'.-'" '.........:..:.-...'3::-'.. ~/ .... :-:-:-:'>;::':':: 7::': .::- ',:: .-:.>(:-:1:-:- .:-1-:-: ::-:-:- :r:' '~.:: .::-:: ::-. . -:'.-:- -:-:::-: :-:', : ::-:-. .-:' ','. ... --., ===- , ..... ., . ,.......... -l. :1. . J. .. ., . "'"...:.... . ...... . '''l'-;'' .. _ .. .'.',": ':. :. :::: ...: . . .: .......' .':::"./" .. :.r.,,:'. ',.:'. ..... . . . '-'-v.~" I--- .. ....... , ........ ...... . .... , .... . .. .".... .. ...... ~ - r' ~...:.:.: '.1'.:.:::.' ':. :.'~.: ':..', .: ','.:.:'-',' ,', :::: ". .,:-:::.' ::-: :-:-::',',- . I-- _ , ~::.:n:'.:..:'." / CUT REQ'D~ = - - f--- i\/ I-- CUT IFILL TO BE DETERMINED AT 1------1 -- - I--- 1,..--- TIME OF FINAL L77IX ........1.---" - ~ 1/1/ ENGINEERING I ~lj -- [7 , ~~ I I I .J. I~ . en IX) Oa::~ Z ~ i W~ .. > <0 (f)a::....... W::>~ r- en ~ ......... <( o o (f) (f) <( PREUMINARY CUT Ie FILL LOCATION DETAIL (]) IX) ,..... N I"') <( o Q:: o ...J enU- :J: 8J ~ (J) z <( zo.. 2 <{ Q:: r- ...J ~ za..z - ~ U ~ ~ ~ a::: o z w ::::> Z w o en > ..J a:: <( ~w~ ~ W Q:: ZZ ~ o C) 0 Oz ~ WN ::.: :I: () ,... ,... ~~ I() 0 '-~ e ao ~ ~ ~ ~ z z z 0 w w ~ ::E ::E _ ~ ~ 5 u u ~ V> ~ ~ 0 z z z 0 ~ ~ (/) ~ ~ 5 0:: 0:: IJ.J I:!:! I:!:! a::: z z ~ ~ ~ ~ u U 0:: 0:: UJ UJ 0.. 0.. ,... ~~~ ao ;:--< ~ '- 0 ..... 01 N ..... 0 z a:: lLl Ql (]) ::E ,..... :) .- Z <0 ~ (]) ..., ~ ~ () V> Z >- Ql 0 lLl ::.: ~ u lLl :I: -< U 0 I- ,..... I- J (]) 0 >- .- Ql ,..... 0 lLl Z C> ~ en lLl -< 0 0 - I I- ,..... I- (]) J 0 .- >- ,..... Ql i ~ - -< a:: -< 0 0 R/W 10' OR 20' LANDSCAPE EASEMENT C)~ f' Zc I- ~....= W lL. W <{~ I 0 0::0.. (I) O~ f' SO' 40' ~ 40' FILL 1-1/2- MIN. ASPHALllC CONCRElt: SURFACE COURSE (TYPE S-1) 8- MIN. SOIL CEMENT (MIN. 7 DAY COMPRESSIVE STRENGTH OF 300 PSI). 10. MIN, STABIUZED SUBGRADE (FaV 75) . SOIL CEMENT JOO-PSI BREAK STRENGTH SHALL BE A AELO BREAK STRENGTH 2' 18' VARIEs(6'-J6') VARIES(O'-30') SOO\ LANDSCAPE <( 09 ::)~ a..ii Zui 0'" F~ <(&: ~(J) en 0:: W ~~ ~~ C)l..L. <(0 3:~ - () 18' 2' 4' 12' DRIVE LANE SIDEWALK 12' TURNING LANE 12' DRIVE LANE 6" ---- RB .t GUTlER 2X - ~ EXISllNG GRADE -U. 2X - FILL -- ---- 1-1/2- MIN. ASPHALllC CONCRElt: SURFACE COURSE (TYPE S-1) 8- MIN. SOIL CEMENT (MIN. 7 DAY COMPRESSIVE STRENGTH OF 300 PSI). 10. MIN. STABlUZED SUBGRADE (FBV 75) . SOIL CEMENT JOO-PSI BREAK STRENGTH SHALL BE A AELD BREAK STRENGTH 3 LANE UNDIVIDED BOULEVARD SEcnON R/W SO' 20' LANDSCAPE EASEMENT 1.33' 1.33' 4' l' 24' 2 ' TYPICAL SOD DSCAPE ~ 2' MEDIAN CURB 2X MIN. 8" MAX. EXlSllNG GRADEL 2" - MIN ~ ~ - 1-1/2- MIN. ASPHALllC CONCRETE SURFACE COURSE (TYPE S-1) 8. MIN. SOIL CEMENT (MIN. 7 DAY COMPRESSIVE STRENGTH Of 300 PSI). 10. MIN. STABlUZED SUBGRADE (FaV 75) FILL . SOIL CEMENT JOO-PSI BREAK STRENGTH SHALL BE A AELD BREAK STRENGTH 2 LANE DIVIDED BOULEVARD SECTION (/) Z o i= u l&J (/) .....J <( U - ~ I- ~ '. r--....... I f <I ~ ~ ~,- r-...................... ~ ~ t. ~ I ~I ~- i- ~ ~ '\ D 0 oc9 CfOO~ 0 0 8 ", ~ co 0, 0 ~---.., ~ ~ 1 ~~ __~ : '\ -.. ~J..... ~ ~( \ 1<' . ----- ., ~,,~ -- ------- ~ \ ~ -rJ~ ~ _________ ~- /'~~rn 1\ 1 - y" \ I PARK AN> AMENTY AREA~ ~l@l \" 1 J C. It:iJ .... i - ~- III/~~T~_~ )/11 2 I "''' ( .AT: ~ " ~1 --1 ~ ~ / f \ r ..- ". - , . ............--1- \ ..~ ~ ~, .......-.1 ~ ~. --~ - .- m ~'" --=~ I J" J~ ~.~ I I ~ ::;, ,P ] ~ ~ -- ~ r-4 - ~ ~~~ __ .",.'f .... '- =-.. --- ~/ r \ h r'~ v' ,. l~ /--- . 1 -==- ~ ~ --........;;;: -....::: )~ o f r II -1 ~ ~ /~~ ""~ ~', . / ~ wV ~ ~ J '-. ..J,-=- J:\ O~ ~ I r> B 9~ (I . r- - -- - - - - · j~V~ ! t>B . \ ~. ' I' d~~': '1 I(~ J< ( '\1 : 1\ ~ .11 \ \;< ) ( )\ C ,~ ~Ml Il INI L_ I ~ ~ D ~ , ~ (D: : ( ): I :~------- ~:c~ ~~~~ ~ ~:E !C ~:r~ ~ ~ _ _ "..... _ -" ~ -" __ _ .~ ~ .... ., _ _ ....r'\1_ ~ ~ 1 L./I T \. T~ I Y -y XT'\( T"l\ TTl r~ ~ -QrG-}dF ~~}J\J }......A ~~... -.t:::r.,..,,-/I'\-~ ~ -~. _r"\..f'\...~ ~~~....-.-... - -~ '-' _,-, __ _ r~ ~ ~ t-l.Jl'i-W' +-l~, y .,..r "\..J . ~ ~-~ ~-~ ,,~- ~ -~~ -~ ~-~ '- ~. BlFFER A 28 UVE OAK CANOPY 1. SO' 14 DECDOUS ICANOPY 1 . SO' 56 SlI3 CANOIPY l.. SO' -. ~ \.J ) ~ \ ~ '. L. ,) \ -~~ . - ""<7 _____ ~ ~ ~~ . -V \C\~ L--J~O ..--~~ L-S~~ l. L ~t~ ~ 'C,', - 1 "\J ~ , ~ ~~ \ ~ --y, 1 ( 1~ ~I ~ A7)/ - - . - \. - r c c g; ) .J' J ~~Q 'ca~ - #1 OCT ~ ~/ ..-..- - - - /""'\. '7cv \ I' ~ " cJ (J~ () ("') () () " " (\ ill .--,..... - - ru- D U .U U U U u IU I u ~ ! I c c '-' -- r>s t>B ! () --d rJ I I ~_ () () () () () ('l () I () ~ (\ - ~ - -ouu0u000u0000uu ~ I ~- cti MAN ENTRANCE I I\. )E Bl<E/TRAL LOCATION , >~ .' '- o .. ~ . cr- '") ) ) G)ol - ~ ~ I I ) I I / I ;:::1 -I ~ : \ O~~ ~I CO~_____l J -=-- l' ~) d;_----ON: STREET TREE PER LOT TYP. ~ ~ \........ (oJ C~ fJ 1L t ". ~D ~. ~ ~ t) I Q ~ / I) ) D D ) ) b ) )^ (\ JnJ pC u~ -po- (i- \ l~ .::.t ~ ~ ~ ....... \J: (l) "'"0 ) ) ~ ~ _r\~ ~- ~ TYPICAL RESIlENTIAL STREET CROSS SECTION (SECTION D) 10' LAN>SCAPE BlFFER BlEFER C 14 DECIlIOUS SHADE 1 @ 75' 14 EVERGREEN SHADE 1 @ 75' 21 SlB CANOPY 2 . SO' TYPICAL SI)E BOlN>ARY AN> FENCE AREA (SECTION C) ^ C TAPeT Lf\E I ~\', ~ .J ,l) ~:' ~ Ir. ..~~. V "~/~ Vl !. ? " J. I .J'.' ~ i ; ~; zl ml wi I , t , , I I I BRICK COLUMN 30' O.C. WITH A~UMINUM FENCE "" I I I I I I '"'I '. I C~RCIAL TRPeT vh:~ SF I-OJE I I 1)0' LAI'l)SCAPE ~ )t EASEWENT " 10' LANDSCAPE EASEWENT I I \ if---- SECTION B-B BUFFER @ COMMERCIAL PROPERTY PROPERTY utE TRICT It-E ~; I) " , ~ r : to' ~: " L6 ~~ .... I I. . I SHADE TREES AND .( .....f'...J..--t SMALL CANOPY TREES 1 ' '\" I @ 434 VISION CORRIDOR .";) i' I ' (.v I' I ' , . SOLID BRiCk WALL 6' ~.~.. -- . \ TO SCREEN OUT BACK~ I 0~.' /r -y.. OF lOTS I : ~ '. ~ ~~ ' I I ~ . , ((/J ~v PERIODIC pLANTING OF . ~, ' ' , SHRUBS TO SOFTEN -. ._~+" ~ f.-..</_ WALL r : ~,----'" ,l. ~ . . I ".~/.c: -~ SF HOUSE : ~ I "'-~I I i I , I I I \ I I ' ~, lAI'l)SCAF{ 10' WALL TRPeT \ 't EASEWENT ' / I r1} ., 'V.. J- ~'1 7 /"/ ~ (0./ 1.....-.-.......................~ ! I I i I I I I L I ! 8'-10" ~ fIl{ BIKE EASEMENT SECTION A-A 100 50 I I - , \ R.O.W. UN: I I ,1 -,~ --=---- .....:--....:..-:-,... I } S.R. 434 R.OW. (- - , '-- N ' - o I 100 I ""'" 200 ~ 11I(/)0. ..... ~ u ooz W~~.- .- I .L::.('.J" .-. ~ ('.J If) ~<~w ...---..~ C Q) r-- 0::{ a.. 0 .- o~u 0---0 _ (/) If) U-g~lf) 000::{ --.JOO O · ~z o Z (/) U 0::{ III ~ .g u c: - c:LL.. III 0 of". a... -0 (J) C-~(J) O~r- cO CL C E <ti'" c: ::J U o c:: '-" ~ (1) .- > - > <( 6~ ~~ ~ ~ S2 -Q:: c:~>- o ll. U~OO ::::> ~ U W I- 00 ~ M ~ X W I- Z W o . - .- 9/15{.97 ~ AA, ~,r-l DATE REVISION ,.... en en - en - U L&J C <( C - a: o ..J LL en ~ Z - a: a.. en a: w ~ z - 3: DOCUWINTS ~ POR: DATE: -- ----- OWNER REVIEW: BWDING PURPOSES ONLY: JOB NO. 97085 ----.--- 7/25/97 1" = 100' DATE: SCALE: DRAWN BY DESIGNED BY CHECKED BY SlEET NO. LA-1 OF: 2 ~ SF LOT EASEMENT LIE PROPERTY UN: SHADE TREES AN:> SMAU TREES ABUTTING PROPERTY 10' LA. EASEMENT SECTION C-C BlFFER @ ADJONNG PROPERTY 24' ROAD SO' R.O.W. -+ SECTION D-D TYPICAL STREETSCAPE . ROADWAY S~ I TREES (TYPICALLY 1 PER LOT BETWEEN Sl)EWALK AN> ROAD) MERMTTENT DE~TlVE ALI..M'U.1 FENCIIQ"AN) COllNNS COtNEAaAL ~ACEL , , E~ Lt-E - ~ ~~ I""" ~, ~ (M. & ,... (~ ~ ( "'- .. . ...~ '- .. - --/ - v ....p ~~ :::-- .--:::; .~ 1 - -' , . - ( .\ ,-, - ~ - . TR.ACTLt-E I ~\ j .~ ~t ,J . ~,,~ ~.J- ". ,~ I I lsE~ uJ-~- _U~ _ , RQN .LIE 41 . 10' 8I<E TRAL 10' SA 434 SECTION E-E-: BUFFER @ COMMERCIAL PROPERTY Ch ~ O~'-- ~~ ....-=.. . - r'- --'l - . . -.. ~.. ~ . I . I j I . '" - ., . I . \. , ,- j , , , _.~ (.- ~- ~ r---- . - --~~ l\ --........;:: (~ ( ~ -""-- -,; ~ - - - '-"'>0. · - .--""...... I {( JJ~r u. ) ("{ x. J(.. ) r; rr III T\ l aT \Il J Y'Y" Jl I , - -- / l . ...... /~ ~ I - , .~ ---------- ~ ~~_n 1'- ~ ~ I -- '~~: - OJQ~ ~~ l:"" ~ - l ~~ We ~ ( (~ .~.~ ~ . - ~ .-I 10' LANlSCAPE ~fER :r:: ~ ,~~ ,,", I .... .... (:, I' ) --- ~ I~ '3 (.... 6 (~ ~ ..,. :D ld (~ ~ ~ B -. -,~ H . ~ "~ \... ~~_. ~ J ~~ ffi1 ......\- C1 ~ - _ L~- \.... J cf')~ ~ 1 ~"l 1'''~ - ~ BlFFEA C 32 EVERGREEN SHADE l' 75' 32 DECDous SHADE 1. 75' 47 SlIJ CANOPY 2 . SO' r' IIIl ,,15' LANlSCAPE BlFFER STATE ROAD 434 - . ~. " . ---.: 1 . r' . L.J - I I I I . I I . I ' B B ~I --D I I I I ~ I ~ : ! I ' ~------ ----: ! : : i I ~ E' - ",",-"...rT-...,- -r"'.~ -A~.~ __ ~.1 ""........... _~ 1 W .A "[~ J.....A. J.J:7 ~ "",.1.....J 1. ~ 1 Jon. .I 'l)o.Cl. I -, r\X't.P Q \ ~ , - - '- fll' ~ I ~ I,j q~ J . 'l A[> ~I ( , , , . , r , , , ------ \ , , , ~ ~ , ~ ~~ , , , , ~ .-- I -~ r ~ P>B " , , , I - -~, 3: , , !f \ I 0 J: r- , - , Z , , m I , , , , I , , , , I rt-----~- . l>B BlFFER B - - 434 VISION CORRDOR PlAN 28 UVE OAK CANOPY 1 @ SO' ... 14 DECIDIOUS CANOPY 1. 50' 56 SlE CANOPY 2 . 50' A [> TYPICAL STATE ROAD 434 FRONTAGE DESIGN (SECTION A) bEl ~ ~ I:t> 100 50 0 \ I 100 L 200 J III fI) 0 . ..... .q- u uoz Q).q- !I!~~~ ~<.q-w /"""'o.~ C Q) r--- <! ~~u u ------- 0 _ fI) VI U -g ~ Uj aO<! O--l~ . ,..., Z o Z fI) .12 <! lII~oU c~ c III ..2 0 "- ~ "0 <Jl C-6<Jl a I:: r- eO Q) E - '" C C ~u o c ~ "- <u .- > - > <: 6 L5 ~i .:d 6 Q <u(Y Cor a CL U-eoo ::) ~ U w ~ en ~ M ~ >< W ~ Z w () -- - I --- - ~ --- 9/15/97 sa: A-A, B-B.~l _ DATE REVISION ...... en en - en - U L&J C "" <C C - a: o ..J LL en " Z - a: a. en a: w ... z - 3: DOCUMIIftS RaAm FOR: DATE: OWNER REVIEW: BIDDING PURPOSES ONLY: ----- -- JOB NO.. Q7085 7/25/97 1" = 100' --- DATE: SCALE: DRAWN BY: r--- ---- . DESIGNED BY. CHECKED BY: '- SHEET NO. ..I LA-2 OF: 2 !. ' December 19, 1997 To: City Manager Community Development Director Staff ~ Land Development Coordinator ~ From: Re: Staff Review Board Preliminary Engineering Wagner Station PUD The Staff Review Board convened on December 18, 1997 to consider the above referenced preliminary engineering for Wagner Station PUD. Representing the project were 1. Odom, D. McIntosh and D. Kelly. Staff members present were Carrington, Grimms, Hill, Houck, Jenkins, Lallathin and LeBlanc. Items discussed, which will be addressed at final engineering submittal, are listed below: 1) more fully address the emergency access to be located on the western side of the property (soil stabilization, proper width for emergency vehicles, placement offence between lots, etc.); 2) sidewalks to have handicap curb ramps; 3) fill areas are to be shaded; 4) submit wall and signage plans to have these approved at same time as final engineering; 5) show where the artesians well are and which ones have been capped; 6) the City will flag all specimen trees and every attempt to save these must be made; 7) furnish to the City a copy of the Endangered Species Survey; 8) conduct a Level I Environmental Survey and furnish the City a copy; 9) need a street lighting plan; and, 10) the developer was given a copy of the latest corridor vision plan. Please refer to attached Utility Director Memo and City Engineer Letter. ( \ December 19, 1997 Staff Review Board Wagner Station PUD Page 2 Motion by LeBlanc that the project be favorably forwarded to the Planning and Zoning Board with the above stipulations - seconded by Lallathin. All voted aye. NOTE: LeBlanc contacted D. McIntosh on December 18, 1997, at approximately 4:00 P.M. and reminded McIntosh that there could be no overhead utility crossings over SR 434. The vision guidelines also state the same thing. ~ WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 December 18, 1997 TO: Don LeBlanc, Land Development Coordinator Kipton Lockcnff, P.E., Utility Director Iff' FROM: RE: Wagner Station pun We have reviewed the preliminary engineering plans for the Wagner Station PUD signed and sealed November 6, 1997 and have the following comments: 1. This project does not currently contain or abut any reclaimed water distribution mains. The code does not require that this project contain a reclaimed water distribution system. However, the use of potable water for irrigating common areas, recreational areas and landscape areas will be discouraged. 2. If possible, we recommend any mitigation undertaken occur within Winter Springs or the Lake J esup area. 3. During settlement negotiations on the CSX corridor, we recommend that consideration be given to acquire additional R/W adjacent to S.R. 434 for a deceleration lane. 4. During an inspection of the site, many specimen oak trees were noticed in areas to be developed, particularly in the Court "H" area. The City can assist in identifying these trees so they can be located, shown and addressed on the final engineering. 5. Water and sewer capacity has not been reserved for this project although it is available. Fees will be due and payable prior to water and sewer construction permit application to DEP. We recommend oreliminary en~ineering ap.vroval for the Wagner Station PUD. File . . Y' . Uoh(A CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327.1800 December 8, 1997 David Kelly, P.E. Donald W. McIntosh Assoc., Inc. 2200 Park Avenue North Winter Park, FL 32789 RE: Wagner station PUD, Pr~liminary Etigineering Review Plans Seal Date November 6, 1997. Dear Hr. Kelly: The subject engineering plans and supporting documentation were reviewed for compliance with the City's Land Development Code (LDC). They were found to be in general conformance with the LDC and I accept this submittal with the following conditions: 1. ?lea.se place a note on the Preliminar., Encineerina that states ground water table (GWT) readings '..Jill be taken along the right - of-way ceh t er-l ines af t er roadways are final graded, before subbase.. The City Engineer will review the data for compliance with Sec. 9-73(b.7) and Sec. 9-201(3.d) of the LDC. I f not in comp Ii ance wi th these two sect ions of the LDC, underdrains will be required for the .roadways. As a point of in:Eormation, the statement in the November ", 1997 letter by L..J. Nodarse & .::l.ssociates, that "...sandy nature of the upper few feet of soils and a natural gradie~t toward Lake J esup. . . " wi 11 prec 1 ude underdrains is net. totally true. We have had sites in the City, with all sandy soils and estimated seasonal high GWT of 6 feet below grade, experience mounding of the GWT due to over watering and rainfall, flowing over curbs and destroying the roadway. 2. John Florio stated the rotary roadway was changed to a large cul-de-sac type circular right-of-way, approximately 225 feet in diameter. If so, please indicate the center-line of this in the detail on sheet 7 of the plans. I have no objection to the roadway cross sections shown and support the variance. You do not need to submit a revised Preliminary Engineering plan to me for final approval of the above items. Just make the ~ receding changes on the Pre 1 imi na r y Enoi neeri nc plans YO:.1 wi 11 submit to Donald LeBlanc for Commission approval. I will need a ccrrected set at that tim~. , , - ';::' Wagner StationPUD David Kelly, P.E. December 8, 1997 page 2 -.. [' If you have any questions, please give me a call at 327-8397. Sincerely, Mark L. Jenkins, P.E. City Engineer <;ommunity Development Director vtand Development Coordinator David Kelly, McIntosh & Assoc., FAX# 644-8318 cc: ~ :. .:: .t-... . , ThIS-instrument prepared by and after recording returned to: Burgess N. Trank, Jr. Centex Homes .. 151 Southhall Lahe, Suite 230 Maitland, Florida 32751-7190 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WAGNERST ATION SEMINOLE COllNTY, FLORIDA THIS DECLARATION is made on the date her:.einafter set forth by Centex Homes, a Nevada general partnership, hereinafter referred to ap the "Declarant". ~ WITNESSETH WHEREAS, Declarant is the owner of certain real prop,erty in Seminole County, Florida, described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Declarant desires to create an exclusive planned residential conununity known as Wagner Station on the land described on Exhibit "A" and such other land as may be added thereto pursuant to the terms and provisions of this Declaration; and WHEREAS, Declarant desires to establish a not-for-profit corporation to be known as the Wagner Station Homeowners Association, Inc., to own, operate and maintain the Conunon Areas herein described for the use and benefit of the Owners of Lots within the Property as herein described; NOW THEREFORE, Declarant declares that the real property described on attached Exhibit "A" shall be held, sold and conveyed subject to the restrictions, covenants and conditions declared below, which shall be deemed to be covenants running with the land and imposed o~ and intended to benefit and burden each Lot and other portions of the Property in order to maintain within the Property a planned conununity of high standards. Such covenants shall be binding on all parties having any right, title or interest therein or g:\legal\dccr\wgnrstn,dcr DRAFT 72497 -1- .il ~~ any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS Section 1.1. "Articles of Incorporation" or "Articles" shall mean and refer to the Articles of Incorporation for Wagner Station Homeowners Association, Inc., a Florida not- for-profit corporation in the form attached hereto as Exhibit "B" and incorporated herein by reference. Section 1.2. "Association" shall mean and refer to Wagner Station Homeowners Association, Inc., a Floridanot-for-profit corporation established for the purposes set forth herein. Section 1.3. "Builder" shall mean and refer to Centex Homes, a N.evada general partnership and any other residential building company acquiring Lots from the Declarant for the purpose of construction and sale of homes. Section 1.4. "Bylaws" shall mean and refer to the Bylaws of the Wagner Station Homeowners Association, Inc. in the form attached hereto as Exhibit "C" and incorporated herein by reference. Section 1.5. "Common Areas" or "Common Property" shall mean and refer to that portion of the Property, If any, conveyed to the Association for the use and benefit of the Ovvners, including without limitation, Tract "_", the Recreation Facilities Site, Tracts "_", the Private Streets, and Tracts "_", the Surface Water and Storm Water Management System retention ponds, as shown on the recorded Plat. Section 1.6. "Common Maintenance Areas" shall mean and refer to the Common Areas, if any, and drainage facilities and detention ponds and any areas within public rights-of-way or easements that the Board of Directors of the Association deems it necessary or appropriate to maintain for the common benefit of the members. Section 1.7. "Declarant" shall mean and refer to Centex Homes, a Nevada general partnership, its successors and assigns who are designated as such in writing by Declarant, and who consent in writing to assume the duties and obligations of th~ Declarant with respect to the Lots acquired by such successor or assign. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -2- C., " Section 1.8. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for Wagner Station, and any amendments, annexations and supplements thereto made in accordance with its terms, - Section 1.9. "Lot" shall mean and refer to any of the plots of land indicated upon the recorded subdivision map of the Property or any part thereof creating single-family homesites, with the exception of the Common Area and areas deeded to a governmental authority or utility, together with all improvements thereon. Section 1.10. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Section 1.11. III1Plat" shall mean and refer to the recorded plat. of Wagner Station, and! or any other subdivision plat applicable to the Undeveloped Parcel which is later annexed to this Declaration and made a part of the Association. Section 1.12. "Private Street" shall mean and refer to the common Property identified as Tracts "_" on the Plat of the Property, including without limitation, the paved streets, curbs, gutters, drainage facilities, landscaping, sidewalks and other improvements, if any constructed or installed within Tracts "_". Section 1.13. "Property" shall mean and refer to the real property described on the attached Exhibit "A", and such additions thereto as may be brought within the jurisdiction of the Association and be made subject to this Declaration. Section 1.14. "Supplemental Declaration" shall mean any supplement, amendment or modification of this Declaration. Section 1.15. "Surface Water and Storm Water Management System" shall'mean and refer to a system of swales, inlets, culverts, retention ponds, detention ponds, lakes, outfalls, storm drains and the like, and all connecting pipes and easements, 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 a quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida Administrative Code. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -3- '(, :; Section 1.16. "Undeveloped Parcel" shall mean and refer to the lands described in Exhibit "U1 attached to this Declaration, portions of which are presently unimproved parcels of land which Declarant may, but is not obligated to, develop and which, by future annexation, may be subjected to this Declaration. Section1.17. "Unit" shall mean a portion of the Properties, whether developed or undeveloped, intended for development, use and occupancy as a detached residence for a single family, or as an attached townhome or villa home, or as an attached or detached condominium residential unit, and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) single-family detached houses on separately platted Lots, attached townhomes or villa homes, and condominium residential units as well as vacant land intended for development as such, all as may be developed, used, and defined as herein provided or as provided in Supplemental Declarations covering all or part of the Property. The term shall include all portions of the Lot together withh all improvements there.on. In the case of a parcel of vacant land or land in which improvements are under construction, the parcels shall be deemed to contain the numbers of Units designated for such parcel on the Plat or site plan approved by Declarant, whichever is more recent, until such time as a certificate of occupancy is issued on all or a portion thereof by a local government entity having jurisdiction, after which the portion designated in the certificate of occupancy shall constitute a separate Unit or Units as determined above, and the number of Units in the remaining land, if any, shall continue to be determined in accordance with this paragraph. ARTICLE 2 PROPERTY SUBJECT TO DECLARATION Section 2. 1. Property Subject to this Declaration. From and after the time that this Declaration is recorded in the Public Records of Seminole County, Florida, the Property shall be subject to the terms and conditions of this Declaration. The Property shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions contained in this Declaration, which shall run with the land and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors or assigns and shall inure to the benefit of each owner thereof. . Section 2.2. Annexation. 2.2.1. Within the period beginning with the date this Declaration is recorded in the Public Records of Seminole County, Florida and ending either (a) seven (7) years g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -4- ~ thereafter, or (b) five (5) years from the date of recording of the last recorded Supplemental Declaration annexing additional land to this Declaration, whichever event, (a) or (b), occurs later, the Declarant may, without the consent or joinder of the Owners or any other person or entity, annex additional real property (including Common Property) within the Undeveloped Parcel to the Properties. Annexations under this Subsection 2.2.1 shall be accomplished by filing a Supplemental Declaration describing the real property to be annexed (or withdrawn pursuant to Section 2.3 of this Article 2, as the case may be), and shall become effective when such Supplemental Declaration is filed among the Public Records of Seminole County, Florida, unless otherwise provided therein. Declarant shall have the unilateral right to transfer to any other person or entity the right, privilege, and option to annex additional property which is herein reserved to Declarant, provided that such transferee or assignee shall be the developer of at least a portion of the Properties and that such transfer is memorialized in a written, recorded instrument executed by the Declarant. 2.2.2. Subject to the consent of the owner thereof, the Association may annex real property, other than property within the Undeveloped Parcel, to the provisions of this Declaration and the jurisdiction of the Association. Such annexation shall require the affirmative vote of two-thirds (2/3) of the votes of each class of Members of the Association. The aimexation of land under this Subsection 2.2.2 shall be accomplished by the recordation in the Public Records of Seminole County, Florida, of a Supplemental Declaration describing the property being annexed and signed by the President and Secretary of the Association and by the owner of the property being annexed. Any such annexation shall be effective upon filing unless otherwise provided therein. 2.2.3. No provision of this Declaration shall be construed to require Declarant or any other person or entity to annex any real property to this Declaration. Further, the Declarant is not obligated to bring all or any part of the remaining real estate in the Undeveloped Parcel into the Association. 2.2.4. The Declarant intends to develop the Property, the Undeveloped Parcel and adjoining landsin accordance with applicable ordinances and regulations, and hereby reserves the right to develop and use any or all of the Undeveloped Parcel or adjoining lands in any manner permitted by such ordinances and regulations, and without any obligation to the Owner of any Lot which is subject to this Declaration. The Declarant shall not be required to follow any predetermined order of improvement and development of the Undeveloped Parcel or adjoining lands; and it may annex additional lands within the Undeveloped Parcel in any order, and construct improvements, thereon before completion of all improvements on the Property or any previously annexed lands. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -5- !: 'i 2.2.5. Covenants and restrictions applicable to annexations to the Property shall be compatible with, but need not be identical to, the covenants and restrictions set forth in this Declaration. . 2.2.6. In the event that either the Federal Housing Administration (the "FHA") or the Department of Veterans Affairs (the "V A") insures or guarantees any mortgage encumbering a Lot, and the regulations or procedures of such agency require under such circumstances approval of annexations by such agency or determination by such agency that such annexation is consistent with the general plan of development for the Wagner Station, then such approval or determination as described in Article 16, Subsection 16.2.5 shall be a prerequisite to such anne~ation. Section 2.3. Withdrawal. Within the period beginning with the date this Declaration is recorded in the Public Records of Seminole County, Florida and ending either (a) seven (7) years thereafter, or (b) five (5) years from the date of recording of the last recorded Supplemental Declaration annexing additional land to this Declaration, whichever event (a) or (b) occurs later, the Declarant may, without the consent or joinder of the Owners or any other person or entity, when necessary or desirable to accommodate changes in the plan of development of Wagner Station, withdraw from the provisions of this Declaration.any of the Property that continues to be owned by the Declarant, and its successors or assigns, and vvhich has not been dedicated or designated as Common Property. Withdrawals under this Section 2.3 shall be accomplished by filing a Supplemental Declaration describing the real property to be withdrawn and shall become effective when such Supplemental Declaration has been recorded in the Public Records of Seminole County, Florida, unless otherwise provided therein. Section 2.4. Conveyance of Common Areas to the Association. When Decl~rant conveys title to the first Unit within each phase of development to be conveyed to a Class "A" Member, the Declarant shall be obligated to convey title to all of the Common Areas located in such phase of development to the Association which shall be obligated to accept such conveyance pursuant to Article 7. ARTICLE 3 CREATION OF ASSOCIATION; MEMBERSHIP; VOTING RIGHTS Section 3.1. Creation of Association. Upon execution of this Declaration, Declarant shall cause the Association to be created by recording the Articles of In.corporation and Bylaws thereof with the Secretary of State of Florida in the forms attached hereto as Exhibits "B" and "C" , respectively, and incorporated herein by reference. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -6- ,'~ " Section 3.2. Membership! Every Owner of a Unit or Lot, and every Builder owning any Unit or Lot, by virtue of the ownership of such Unit or Lot, and the Declarant and its successors and assigns, shall be Members of the Association, and by acceptance of a deed or other instrument evidencing an ownership interest, each Owner, Builder and Declarant accepts membership in the Association, acknowledges the authority of the Association as herein stated, and agrees to abide by and be bound by the provisions of this Declaration, the Articles of Incorporation, the Bylaws and other rules and regulations of the Association. The term "Member" shall include each person or entity owning any right, title or interest in any Unit or Lot, except persons or entities holding mortgages or other security or trust interests unless such persons or entities also have the right of possession. Tenants or others occupying any Unit who do not have an ownership interest therein shall not be Members for the purposes of this Declaration. Membership in the Association is appurtenant to, and may not be severed from, the Unit or Lot. The rights and obligations of a Member may not be assigned or delegated except as provided in this Declaration, the Articles of Incorporation or Bylaws of the Association, and shall automatically pass to the successor-in-interest of any Owner upon conveyance of such Owner's interest in the Lot or Unit. Members shall be responsible for compliance with the terms and conditions of this Declaration, the Articles of Incorporation and Bylaws, and rules and regulations of the Association by all occupants, tenants, guests, invitees and family members while residing in or visiting any Unit, Common Area or other portion of the Property. Section 3.3. V oting Rights. Members of the Association shall be allocated votes as follows: 3.3.1. Classes. Class A. Class A Members shall be all Owners with the exception of the Declarant and any Builders. Each Class "A" Member shall be entitled to one vote for each Lot or Unit owned. Class B. The Class B Member shall be the Declarant, Of its specifically designated (in writing) successor. The Class B Member shall be allocated three (3) votes for each Lot or Unit owned by it within the Property which is subject to assessment by this Association; provided, that the Class B membership shall cease and become converted to Class A membership as set forth in Section 3.5 of this Article 3. Upon conversion to Class A membership, the Declarant shall have one vote for each Unit or Lot owned by it within the Property so long as said Unit or Lot is subject to assessment by this Association. g:\legal\dccr\wgnrsln.dcr DRAFT 72497 -7- ., " Class C. All Builders, as defined herein, except the Declarant, shall be Class C Members. Class C Members shall have one (1) vote for each Lot or Unit they own in the Property. 3.3.2. Joint Ownership. When any Unit or Lot is owned of record in the name of two or more persons 'or entities, whether fiduciaries, joint tenants, tenants in cornman, tenants in partnership, or in any other manner of joint or COilUTIOn ownership, or if two or more persons or entities have the same fiduciary relationship respecting the same property, then unless the instrument or order appointing them or creating the tenancy otherwise directs, and a copy thereof is filed with the secretary of the Association, such Owner shall select one official representative to qualify for voting in the Association and shall notify in writing the Secretary of the Association of the name of such individual. The vote allocated to any Unit or Lot (including Units or Lots owned by the Declarant or a Builder) may not be divided or cast in any fraction, and the vote of each official representative shall be considered to represent the will of all the Owners of that Lot or Unit. If the Owners fail to designate their official representative, then the Association may accept the person asserting the right to vote as the voting Owner until notified to the contrary by the other Owner(s). Upon such notification no affected Owner may vote until the Owner(s) appoint their official representative pursuant to this paragraph. Section 3.4. Change of Membership. 3.4.1. Ownership. Change of membership in the Association shall be established by recording in the Public Records of Seminole County, Florida, a deed or other instrument conveying record fee title to any Lot or Unit, and by the delivery to the Association, of a copy of such recorded instrument. The Owner designated by such instrument shall, by acceptance of such instrument, become a Member of the Association, and the membership of the prior Owner shall be terminated. In the event that a copy of said instrument is not delivered to the Association, said Owner shall become a Member, but shall not be entitled to voting privileges until delivery of a copy of the conveyance instrument to the Association. The foregoing shall not, however, limit the Association's powers or privileges and the new. Owner shall be liable for accrued and unpaid fees and assessments attributable to the Lot or Unit acquired. Notwithstanding the foregoing, the Declarant, or any Builder, shall have the right to notify the Association in writing of conveyance of a Unit to an Owner without the requirement of providing a.copy of the deed, and the Association shall recognize the Owner identified in such written notice as a Member of the Association and Owner of the Unit. 3.4.2. Interest in Association. The interest, if any, of a Member in the funds and assets of the Association shall not be assigned, hypothecated or transferred in any g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -8- ~ manner except as an appurtenance to the Owner's real property. Membership in the Association by all Owners shall be compulsory and shall continue, as to each Owner,.until such time as such Owner of record transfers or conveys his interest in the real property upon which his membership is based or until said interest is transferred or conveyed by operation of lawt at which time the membership shall automatically be conferred upon the transferee. Membership shall be appurtenant to, run with, and shall not be separated from the real property interest upon which membership is based. Section 3.5. Class B Membership Status. 3.5.1. Duration. The Declarant's Class B membership status shall continue, and shall be in effect, during the period from the inception of this Declaration until either (1) seven (7) years from the date this Declaration is recorded; or (2) five (5) years after the date of recording of the last Supplemental Declaration annexing additional property into this Association, whichever event, (1) or (2) occurs later; or (3) upon recording of a voluntary written notice executed by the Declarant or its duly authorized successor or assignee electing to convert its Class B status to Class A; or (4) in any event, one hundred twenty (120) days after the conveyance of the Unit to a Class A Member that causes the total number of votes held by all Class A Members of this Association to equal the number of votes held by the Class B Member, whichever event, (1), (2), (3) or (4), occurs first; provided however, that if Class B status is converted to Class A pursuant to clause (4) and, subsequent to such event, the Declarant annexes additional property within the Undeveloped Parcel to the Association or annexes additional Lots developed within the Undeveloped Parcel to the Association, and such annexation causes the number of Lots or Units owned by the Declarant within the Property, as increased by the annexationt to exceed twenty-five percent (25%) of the total number of Lots and Units within the Property, Declarant's Class B status shall be restored as to all Lots and Units then owned by Declarant, and shall continue until the next occurrence of an event of conversion described above. 3.5.2. Assignment. The Declarant shall have the right to partially assign its status as Declarant and Class B Member, by recorded instrument executed by the original Declarant and acknowledged and accepted by the assignee Declarantt to any person or entity acquiring any portion of the Property for the purpose of development of a residential subdivisiont and any such assignee shall thereafter be deemed to be the Declarant as to the Lots or Units owned by such person or entity, and shall have the right to exercise all of the rights and powers of the Declarant as to such Lots and Units, while, at the same timet the original Declarant shall continue to exercise the rights and powers of the Declarant as to all Lots and Units owned by such original Declarant. If any action of the Association requires the appro vat consent or vote of the Declarantt and the original Declarant has g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -9- :\' partially assigned its rights as Declarant to others pursuant to this paragraph, the consent or vote of all such Declarants shall be required to satisfy the requirement of consent by the Declarant. . ARTICLE 4 FUNCTIONS OF ASSOCIATION Section 4.1. Common Maintenance Areas. The Association, subject to the rights of the Owners set forth ih this Declaration, shall be responsible for the exclusive management and control of the Common Maintenance Areas and all improvements thereon (including, without limitation, furnishings and equipment related thereto and common landscaped areas), and shall keep the Common Maintenance Areas in good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions hereof and any agreement with another association or governmental agency. Section 4.2. Personal Property and Real Property for Common Use. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other property interests within the Property conveyed to it by the Declarant. Section 4.3. Services. The Association shall have the following powers: 4.3.1. Maintenance of Common Maintenance Areas, Surface Water and Storm Water Management Systems, recreation parcels, and all city, county, district or municipal properties and rights-of-way (to the extent permitted by any governmental authority) which are located within or in a reasonable proximity to the Properties where deterioration of any of the described items would adversely affect the appearance of the Properties or the operation of systems appurtenant to Wagner Station. 4.3.2. Maintenance of any real property located within Wagner Station upon which the Association has accepted an easement for said maintenance. 4.3.3. Maintenance of beaches, lakes and canals owned by or dedicated for the use of the Association within the Properties, as well as maintenance of bodies of water if and to the extent permitted or required by any contract or by any governmental authority having jurisdiction thereof. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -10- :;' 4.3.4. Insect, pest and aquatic control where necessary or desirable in the judgment of the Board to supplement the service provided by the state and local governments. The provisions of this paragraph shall ,not be construed as an obligati~n on the part of Association to provide such services. 4.3:5. Taking any and all actions necessary to enforce all covenants, conditions and restrictions affecting the Properties and to perform any of the functions or services delegated to the Association in any covenants, conditions or restrictions applicable to the Property or in the Articles or Bylaws. 4.3.6. Conducting business of the Association, including but not limited to administrative services such as legal, accounting and financial, and communication services informing Members of activities, Notice of Meetings, and other important events. The Association shall have the right to enter into management agreements with companies affiliated with the Declarant in order to provide its services, and perform its functions. 4.3.7. Establishing and operating the Architectural Control Committee, pursuant to Article 8. 4.3.8. Adopting, publishing and enforcing such Rules and Regulations as the Board deems necessary. 4.3.9. Lighting of roads, sidewalks, walking and bike paths throughout the Properties as deemed necessary by the Board. The provisions of this paragraph shall not be construed as an obligation on the part of Association to provide such services. 4.3.10. At the sole option and discretion of the Board, conducting recreation, sport~ craft, anci cultural programs of interest to Members, their families, tenants and guests and charging admission fees for the operation thereof. 4.3.11. Constructing improvements on Common Property and easements as may be required to provide the services as authorized in this Article. 4.3.12. Employment of guards, maintenance of control centers for the protection of persons and property within the Properties, installation, operation and maintenance of communication systems by the Association or a contractual designee of the Association, and assista~ce in the apprehension and prosecution of persons who violate the laws of Seminole County or the State of Fiorida within the Properties. However, g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -11- y neither the Association, nor the Declarant shall be obligated to provide any security measures to the Properties nor shall they be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge that the Association and the Declarant are not insurers and that each Owner, tenant, guest, and invitee assumes all risk of lo,ss or damage to persons, to Units and to the contents of Units and further acknowledge that Declarant has made no representations or warranties, nor has any Owner, tenant, guest, or invitee relied upon any representations or warranties, express or implied, including any warranty of merchantability or fitness for any particular purpose relative to any security measures recommended or undertaken. 4.3.13. The Association may also provide exterior maintenance upon any Unit or upon any structure containing Units which, in the reasonable opinion of the Board of Directors of the Association, requires such maintenance because said Unit' or structure is being maintained in a manner inconsistent with the overall appearance and standards prevailing within the AssC?ciation. The Association shall notify the Owner of said Unit or structure in writing, specifying the nature of the condition to be corrected, and if the Owner has not corrected the condition within thirty (30) days after date of said notice, the Association (after approval of a majority of the Board) may correct such condition. Said maintenance shall include but not be limited to painting, repairs, replacement and maintenance of roofs, gutters, down spouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. For the purpose of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents o.r employees, shall have the right, after re.asonable notice to the Owner, to enter upon any Unit or exterior of any Unit or other structures or improvements located in the Wagner Station at reasonable hours on any day, except Saturday and Sunday; provided, however, the Association shall have the right of entry without notice if necessary to correct an eri1ergency situation. The cost of such maintenance shall be assessed against the Unit upon which such maintenance is performed as a Special Assessment as provided in Article 6, Section 6.7. 4.3.14. Establish use fees and promulgate rules and regulations. respecting the use of Common Property and Association faCilities by Members and persons other than Members. 4.3.15. Engage in any activities reasonably necessary and legally required to remove from the Common Maintenance Areas, Common Property, Surface Water and Storm Water Management System and other open space,any pollutants, hazardous waste or toxic materials, and by Special Assessment, recover costs incurred from g:\legal\dccr\wgnrsln.dcr DRAFT 72497 -12- ~. the Owner(s) causing such condition or upon whose property such materials were located or generated. 4.3~16. Accept conveyance of all Common Areas from the Declarant, including all improvements, structures, equipment, apparatus or personal property thereon, and cooperate with and assist Declarant, its agents, employees and contractors in periodic inspection and maintenance thereof pursuant to Article 7. The functions and services allowed in this Section to be carried out or offered by the Association at any particular time shall be determined by the Board taking into consideration proceeds of assessments and the needs of the Members of the Association. The functions and services which the Association is authorized to carry out or to provide, may be added to or reduced at any time upon the affirmative vote of a majority of the Board; provided, however, the Board may not vote to reduce or abrogate the Association1s responsibility to maintain Common Maintenance Areas. The Association may provide the permitted services by contract with third parties, including agreements with applicable governmental agencies. Section 4.4. Conveyance to Association. The Association shall be obligated to accept any and all conveyances to it by Declarant of fee simple title, easements or leases to open space, parks, lakes, recreation parcels, Surface Water a'nd Storm Water Management Systems or Common Property as set forth in Article 7. Section 4.5. Conveyance by . Association. The Association may conveyor dedicate lands or easements that are part of the Common Properties owned by the Association to Seminole County, the State of Florida, or other governmental authority or agency. The Association may also convey lands or easements that are part of the Common Properties owned by the' Association to the Declarant in connection with any replatting of any portion of the Property. Section 4.6. Contracts with Other Associations. The Association is authorized to enter into any contracts or easement arrangements with other associations that may subsequently be formed for portions ofthe Wagner Station property that are not annexed hereto and made subject to this Declaration provided that such contracts or easements are necessary or beneficial for the operation of the Association or the maintenance of the Properties; provided that the costs or expenses of operating, performing, or maintaining such contracts or easements shall be allocated between this Association and such other associations in accordance with the cost incurred or benefit received by 12ach association. Any such contracts or easements shall be approved by the vote or written consent of a majority of the Board of the Association. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -13- ,[ :> Section 4.7. Security Services and Gatehouse. In the event that Declarant constructs a gatehouse at the entrance to the Properties, the Association shall have the right, but not the obligation to provide a security guard and/or other gate control measures. The Board of Directors of the Association shall determine the extent of security services, if any, to be provided by the Association as part of its annual budgeted expenses. No Owner shall have any claim or cause of action whatsoever against the Association or the Declarant for the absence of security guards or other gate control measures at the entrance to the Properties. The Association Board of Directors shall establish all rules and regulations concerning gate operation and access, provided that the Association shall not . restrict access to the Properties by Declarant, its agents, employees, contractors, customers or invitees at all reasonable hours. Any security gate or gatehouse erected by the Declarant shall be dedicated to the Association, and shall be accepted by the Association pursuant to Article 7 and maintained, repaired and replaced by the Association as part of the COlnmon Maintenance Area. ARTICLE 5 GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION Section 5.1. Purpose of Maintenance Fund. The Board, for the benefit of the O\vners, shall provide and shall pay for out of the maintenance fund provided for in Article 6 above the following: a. Taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas rather than against the individual Owners, if any. b. Care and. preservation of the Common Maintenance Area, including without limitation, the Private Streets and drainage facilities. c. The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board, (provided that any contract for management of the Association shall be terminable by the Association, with no penalty upon no more than ninety (90) days prior written notice to the managing party) and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the,Board or by the manager. g:\legalldccr\wgnrsln.dcr DRAFT 72497 -14- .r d. Legal and accounting services. e. A policy or policies of insurance insuring the Association against any liability to the public or to the Owners (and/or invitees or tenants) incidentto the operation of the Association in any amount or amounts as determined by the Board of Directors, including a policy or policies of insurance as provided herein in Article 15. . f. Workers compensation insurance to the extent necessary to comply with any applicable laws. g. Such fidelity bonds as may be required by the Bylaws or as the Board may determine to be advisable. h. Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the enforcement of this Declaration. Section 5.2. Powers and Duties of Board. The Board, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the Bylaws of the Association: a. To execute all declarations of ownership for tax assessment purposes with regard to the Common Areas, if any, on behalf of all Owners. b. To borrow funds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sees fit. c. To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association. . d. To protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for replacements. e. To make reasonable rules and regulations for the ~peration of the Common Maintenance Areas and to amend them from time to time; provided that, any rule or regulation may be amended or repealed by an instrument in writing g:\legal\dccr\wgnrsln.dcr DRAFT 72497 -15- signed by a majority of the Owners, or with respect to a rule applicable to less than all of the Common Areas, by the Owners in the portions affected. f. To make available for inspection by Owners after the end of each fiscal year an annual report and to make all books and records of the Association available for inspection by Owners at reasonable times and intervals. g. To adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to assess the Owners in proportionate amounts to cover the deficiency. h. To enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules. i. To collect all assessments and enforce all penalties for non-payment including the filing of liens and institution of legal proceedings. Section 5.3. Board Powers Exclusive. The Board shall have the exclusive right to contract for all goods, services and insurance, payment of which is to be made from the maintenance fund and the exclusive right and obligation to perform the functions of the Board except as otherwise provided herein. Section 5.4. Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner or other person or entity for the performance by the Association of services which the Board is not otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable and in the best interest of the Association. ARTICLE 6 ASSESSMENTS Section 6.1. Creation of the Lien and Personal Obligations of Assessments. Declarant covenants, and each Owner of any Lot or Unit shall by acceptance of a deed therefor, regardless of whether it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to all the terms and provisions of this Declaration and to pay the Association: (1) Annual Assessments, (2) Special Assessments and (3) an Initial Working Capital Assessment, all fixed, established and collected from g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -16- time to time as hereinafter provided. The Annual Assessments, Special Assessments and Initial Working Capital Assessment, together with such interest thereon and costs of collection provided herein. shall be a charge and continuing lien as provided herein on the real property and improvements of the Owner against whom each such assessment is made. Each such assessment, together with such interest thereon and cost of collection, shall also be the personal obligation of the person who is the Owner of such real property at the time when the assessment first becomes due and payable. In the case of co- ownership of a Unit or Lot, all of such co-owners shall be jointly and severally liable for the entire amount of the assessment. The liability for assessments may not be avoided by waiver of the use or enjoyment of any Common Property or by the abandonment of the property against .which the assessment was made. No diminution or abatement of assessment or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association. or Board under this Declaration or the Bylaws, or for inconvenience or discomfort arising from the. making of repairs or improvements which are the responsibility.of the Association, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority. Section 6.2. Purpose of Annual Assessments. The Annual Assessments levied by the Association may be used for the improvement, maintenance, enhancement and operation of the Common Maintenance Area, Surface Water and Storm Water Management Systems, Common Property and public areas located in, on or about the Property to the extent that deterioration of the public areas would adversely affect the appearance of the Property or the operation of systems appurtenant to the Property, and further to provide services which the Association is authorized or required to provide by contract or otherwise, including, but not limited to, the payment of taxes and insurance thereon, construction, repair or replacement of improvements, payment of the costs to acquire labor, equipment, materials, management and supervision necessary to carry out its authorized functions, and for the payment of principat interest and any other charges connected with loans made to or assumed by the Association for the purpose of enabling the Association to perform its authorized or required functions. Section 63. Duty of the Board. It shall be the duty of the Board, at least thirty (30) days in advance of each fiscal year of the Association, to establish the annual budget and to fix the amount of the Annual Assessment against each Lot or Unit for the coming fiscal year, and to prepare a roster of the Lots and Units and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by the g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -17- Owner. Failure to fix the ~mount of the Annual Assessment within the time period set forth above will not preclude the Board from fixing the Annual Assessment at a later date. In the event the Board fails for any reason to determine the budget for any year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the immediately preceding year shall continue for the current year, and the Annual Assessment for the immediately preceding year shall continue for the current year. Written notice oUhe Annual Assessment shall be sent to every Owner subject thereto not later than seven (7) days after fixing the date of commencement thereof. Section 6.4. Rate of Assessment. Annual Assessments shall be established by dividing the total expenses of the Association by the total number of Lots or Units subject to assessment to derive a uniform base assessment amount applicable to all Lots. Special Assessments for capital improvements or expenses applicable to all Lots within the Properties shall be established in the same manner; however, Special Assessments applicable to a particular Lot for expenses attributable exclusively to such Lot shall be determined by dividing the applicable expense by the number of Lots to which it applies. ,After such amounts have been determined, the amounts due from the Class "B" and Class "e' Members shall be adjusted according to the following provisions. Declarant will have the following option for each assessment year: 6.4.1. During the period in which Declarant has the status of the Class B Member, all Lots and Units owned by Declarant, unless otherwise elected in writing by Declarant, shall be assessed at twenty-five percent (25%) of the rate of assessment applicable to units ovvned by Class A Members, provided however, that in the event that the actual operating expenses of the Association during the year for which the Declarant's assessment is 25% of the Class A Membership assessment exceed the actual income of the A~sociation derived from all assessments imposed on all Members, Declarant shall reimburse the Association the difference between its actual operating expenses and its actual assessment income for such year, save and except any portion of such deficit attributable to delinquent assessments owed by Class A Members. Payment of such reimbursement shall be made by Declarant within 30 days after receipt of the Association's annual statement of accounts. Notwithstanding the foregoing, the Declarant shall have the right, but not the obligation, to reimburse the Association for deficits attributable to delinquent assessments owed by Class A Members, and, in that event, the Association shall promptly institute. collection proceedings, including legal action if necessary, to recover such unpaid amount(s) from such Owner(s), and, upon receipt of such recovery, the Association shall reimburse Declarant the amount(s) so recovered up to the amount of any operating deficit funded by Declarant which arose from such non-paym12nt. g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -18- ,( 6.4.2. In the alternative, Declarant may elect by written notice to the Board to pay the full Class A rate of assessment for each Unit owned by Declarant within the Association and subject to assessment for any assessment year without thereby waiving its Class B status or its right to elect to pay assessments pursuant to Subsection 6.4.1 for any ensuing assessment years, and, in such event, shall not be liable for the operating deficit of the Association as provided in Subsection 6.4.1. 6.4.3. At such time as Class B status shall cease, all Lots and Units owned by Declarant shall be assessed at the full Class A rate and Declarant shall have no obligation to fund any operating deficit of the Association thereafter. Section 6.5. Builder Assessments. Lots or Units owned by Class C Members shall be assessed at twenty-five percent (25%) of the Annual Assessment rate fixed for Class A Units during the period of Class B membership. Upon conversion of Class B membership to Class A, ClassC shall also be converted to Class A, and full assessments shall apply. Section 6.6. Initial Maximum Annual Assessment: Increases in Maximum Assessment: and Annual Assessment Rates. 6.6.1. Initial Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Unit by the Declarant or a Builder to a Class A Member, the Maximum Annual Assessment per Unit shall be $ 6.6.2. Increases in Maximum Annual Assessment - Without Consent of the Members. From and after such date, the Maximum Annual Assessment shall be increased each year by the Board without a vote of the Membership of the Association by an amount not more than either (a) ten percent (10%) above the sum of (1) the Maximum Annual Assessment for the previous year, plus (2) increases mandated by governmental agencies and/ or increased fixed costs incurred for insurance, taxes, recycling, waste disposal, or to obtain services from utility companies, or (b) the percentage increase, if any, in the current Us. Government's Consumer Price Index (Urban Price Index - All Urban Consumers), herein referred to as the "CPI", over the cpr published for the preceding period, or other statistical index providing similar information if the CPI ceases to be published, whichever amount, (a) or (b), is greater. 6.6.3. Increases in Maximum Annual Assessment - Requiring Consent of the Members. The Maximum Annual Assessment may not be increased above the amount described in Subsection 6.6.2 above without the approval of a simple majm;ity of each class of Members who are either voting in person or by proxy, at a meeting of the Association g:\legal\dccr\wgnrsln.dcr DRAFT 72497 -19- duly called for this purpose, or whose approval is evidenced by the written consent of the majority of such ,Members. 6.6.4. Establishing the Annual Assessment. The Board of Directors of the Association shall set the Annual Assessment for each fiscal year at an amount not in excess of the Maximum Annual Assessment then in effect as established pursuant 'to Subsections 6.6.1, 6.6.2 or 6.6.3 above. If the Board sets the Annual Assessment at an amount which is less than the allowable Maximum Annual Assessment, the Board shall have the right to increase the Annual Assessment to any amount not greater than the allowable Maximum Annual Assessment then in effect without the consent of the Members upon thirty (30) days written notice. The election of the Board to set the Annual Assessment at an amount less than the Maximum Annual Assessment shall not affect the calculation of the Maximum Annual Assessment for ensuing years pursuant to this Section 6.6. Section 6~7. Special Assessments. In addition to the Annual Assessments authorized herein, the Association may levy in any fiscal year a Special' Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property, including fixtures and personal property related thereto; provided, such assessment shall have the affirmative vote or written consent, or combination thereof, at least a simple majority of the votes of each class of Members. The obligation to pay Special Assessments shall be computed on the same basis as for Annual Assessments. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved, if the Board so determines. The Association (by simple majority vote of the Board) may also levy a Special Assessment against any Member to reimburse the Association for costs incurred pursuant to Article 4, Section 4.3.13, and 4.3.15, in bringing a Member and his Unit or Lot into compliance with the provisions of the Declaration, any amendments thereto, the Articles, the Bylaws, and the Association .rules and regulations, or for the recovery of expenses incurred pursuant to Section 6.14 of this Article 6, which Special Assessment may be levied upon the vote of the Board after notice to the Member and an opportunity for a hearing. Section 6.8. Initial Working Capital Assessment. There is hereby established an assessment, herein referred to as the "Initial Working Capital Assessment", applicable to each Lot or Unit owned by a Class A Member (except the Declarant if the Declarant shall become a Class A Member) in the amount of $ per Lot or Unit which shall become due and payable by the Class A Owner of each Lot or Unit upon first occupancy of such Lot or Unit as a place of residence by a Class A Member. For purposes of clarity, g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -20" the Initial Working Capital Assessment is a one-time assessment due at the closing at which the Lot is conveyed to a Class A Member for the purpose of construction of a residential dwelling by the Class A Member or any Builder, or at which the completed Unit is conveyed to a Class A Member for use as a residence, whether occupied or not. No further Initial Working Capital Assessment shall be due for any subsequent transfer of ownership of any Unit from one Class A Member to a successor Class A Member. Section 6.9. Notice and Quorum Requirements. Written notice of any proposed action to be taken pursuant to Subsection 6.6.3 or Section 6.7 shall be delivered to each Member at least 30 days in advance of (1) any meeting at which such matter is to be discussed or (2) any action which is to be taken by written approval of the Members in lieu of a meeting. The notice shall state the purpose of the meeting or proposed written approval and shall contain a written description of the of the proposed assessment. The notice shall also contain a copy of a proxy that can be cast in lieu of attendance at the meeting. If the Association has, or is planned to have, 250 Members or less - th~ quorum for any such meeting shall be no less than 20% of the total number of votes. If the Association has, or is planned to have, more than 250 Members but less than 1000 Members - the quorum for any such meeting shall be no less than 10% of the total number of votes. If the Association has, or is planned to have, more than 1000 Members - the quorum for any such meeting shall be no less than 5% of the total number of votes. The foregoing requirements are minimum requirements, however, more stringent requirements imposed elsewhere in this Declaration, or pursuant to applicable laws or regulations shall supersede the requirements contained in this Section and the Association shall be bound by such more restrictive requirements as if fully reproduced herein. Section 6.10. Date of Commencement of Annual Assessments; Due Dates. The Annual Assessments provided for herein shall commence as to each Lot or Unit on the first day of the month next following the month in which the Lot or Unit is subjected to the terms and conditions of this Declaration by recordation of this Declaration or any Supplemental Declaration annexing Lots or Units into the Association, or on the date the Association Articles of Incorporation are filed with the Secretary of State of Florida, whichever occurs later. The dates when such Annual Assessments shall become due shall be established by duly adopted resolution of the Board. The Annual Assessment shall be adjusted according to the numb~r of days remaining in the fiscal year at the time assessments commence on the Unit. The Association may delegate to a mortgage company, financial institution or management company responsibility for collection of assessments with the express written consent and agreement of such financial institution or management company. The Annual Assessments shall be payable in advance in monthly installments, or in annual, semi-annual or quarter-annual installments if so g:\legal\dccr\wgnrsln.dcr DRAFT 72497 -21- determined by the Board of Directors of the Association (absent which determination they shall be payable monthly). Section 6.11. Records of Payment. The Board shall prepare a roster of Owners and Annual Assessments and Special Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner at reasonable times with reasonable notice. Any Owner shall have the right to request the Association to issue a written statement signed by an officer of the Association, setting forth whether all Annual Assessments and/ or Special Assessments owed by such Owner have been paid. The Association shall have the right to impose a fee for the issuance of such statements not to exceed $50.00 per statement. Requests for such statements shall be in writing addressed to the address to which Annual Assessment payments are made. Each request shall contain the street address and legal description (by platted lot and block) of the property and the full name of the Owner. The Association shall issue the requested statement within 30 days after receipt of the written request, subject to the payment of any fee for such service imposed by the Association. Such written statement issued by the Association shall be prima fade evidence of payment of any assessment therein stated to have been paid. Section 6.12. Effect of Non-Payment of Assessment: The Personal Obligation of the Owner; The Lien: Remedies of Association. 6.12.1. If any assessment (e.g. any Annual Assessment, Special Assessment or Initial Working Capital Assessment) is not paid on the date due, then such assessment shall become delinquent and the entire assessment shall, together with interest thereon and cost of collection thereof as hereinafter provided, become due and payable and be a continuing lien on the property which shall bind such property in the hands of the then Owner, the Owner's heirs, devisees, personal representatives and assigns. The obligation of the Owner to pay such assessment is a personal obligation and any assessments that are due but remqin unpaid at the time the Owner disposes of his or her ownership interest shall be enforceable by the Association against such person or against such person's successor in interest to the property subject to the assessment unless such successor in interest is a bona fide purchaser for value without notice of the assessment, or acquires title to the property by foreclosure of a lien securing a purchase money mortgage or home equity mortgage, or by deed or conveyance in lieu of foreclosure of such lien. 6.12.2. The Association may record a notice of lien for delinquent assessments in the public records and foreclose the lien in the same manner as a mortgage. The.lien shall not be valid against subsequent bona fide purchasers or mortgagees for value unless so recorded. Upon recording, the lien shall secure the amount of delinquency stated therein and all ,unpaid assessments due thereafter until satisfied of record, together with g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -22- .; interest thereon, as provided herein, and the reasonable cost of (a) notices of delinquency, (b) demands for payment, (c) notices of liens, (d) assignment of liens, (e) releases of liens, (f) recording costs, (g) attorney's fees, and (h) management company fees. . 6.12.3. If the assessment is not paid within thirty (30) days after the due date it shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same for collection of the amounts due, or an action to foreclose the lien against the property. Suit to recover a money judgment for delinquent amounts owed to the Association and attorney's fees and costs shall be maintainable without foreclosing or waiving the lien securing the same. In the event that the Association turns the account over to an attorney for collection, there shall be added to the amount due the reasonable fees and charges of such attorney, including, but not limited to, charges for issuing notice of legal action or demands for payment, negotiation and preparation of settlement agreements and/ or releases, costs of preparation of legal action, court costs, filing fees and all other expenses incurred by the Association for enforcement of its lien and/ or collection of amounts owed. 6.12.4. In the event that the Association elects to foreclose its lien against any Unit, the Association, acting on behalf of the Owners, .shall have the power to bid for the Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. During the period in which a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be assessed or levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association as a result of foreclosure. Section 6.13. Subordination of the Lien to Mortgages; Mortgagees' Rights. The lien of the assessments pr'ovided for herein is subordinate to the lien of any purchase money or home equity Mortgage given to an Institutional Lender now or hereafter placed upon a Unit or Lot recorded prior to the recording of a notice of lien pursuant to Section 6.12 of this Article 6; provi.ded, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Each Owner hereby authorizes and instructs the Association thatian Institutional Lender holding a secured mortgage lien on a Unit, upon delivery of written request from the Institutional Lender to the Association, shall be entitled to written notification from the g:\Iegal\dccr\wgnrsln.dcr DRAFT 72497 -23- ~~ Association of any default of an OWner of any obligation hereunder which is not cured within sixty (60) days. The Association may provide such notice without receiving a request from the Institutional Lender without further notice to the Unit Owner.. An Institutional Lender holding a mortgage on a Unit may pay any past due assessment or other obligation of the Unit Owner to the Association on behalf of such Owner, and, upon request from the Institutional Lender, the Association shall assign its lien rights herein established to such Institutional Lender. An Institutional Lender may pay taxes or other charges which are in default and which mayor have become a charge against any C0ITU110n Property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Property and Institutional Lenders making such payments shall be owed immediate reimbursement therefor fr9m the Association. Section 6.14. Damage to Common Property by Owners. Any maintenance, repairs or replacements within the Common Property arising out of or caused by the willful or negligent act of the Owner, his family, guests or invitees shall be done at said Owner's expense or a Special Assessment therefore shall be made against his Lot or Unit. Section 6.15. Exempt Property. The following property subject to this Declaration shall be exempted from all assessments, charges and liens created herein: (a) all easements, rights-of-way or other interest dedicated and accepted by th~ local public authority and devoted to public use; and (b) all Common Property. Section 6.16. Irrigation System Fees. In the event that either the Declarant or the Association installs the Irrigation System described in Article 7, Section 7.11 hereof, the Association shall have the right to charge a fee for Irrigation Water used by the Owners, which fee shall be in addition to, and separate from the Annual and Special Assessments described in this Article 6. Such fee shall be established by the Board of Directors of the Association, and shall be sufficient to cover the cost to the Association of acquiring the Irrigation Water, plus the cost of operation and maintenance of the Irrigation System, plus a reasonable reserve for repair or replacement of the transmission lines, pipes, valves, pumps, controls, meters and other distribution and delivery apparahis, equipment or fixtures that supply Irrigation Water to the Property, plus a minimum monthly reservation or access fee applicable to those Owners who elect not to utilize the Irrigation System. The Board shall have the right to set or adjust the Irrigation System Fees on a month-to-month basis provided that no adjustment in the fee shall be effective until 30 days after written notice thereof has been delivered to Owners of Lots or Units. The Associ,ation shall have the right to enter into agreements with the other persons or entities owning adjacent lands to supply Irrigation Water to the adjacent lands owned by such persons or entities, in g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -24- which case, payment of the Irrigation System Fees shall be made by such users in amounts not less than the Irrigation System Fees charged by the Association to its Members. Irrigation System Fees may be assessed at a flat rate without consideration of usage or they may be allocated among the Owners in proportion to their actual usage, and the Association shall have the right to employ methods of determining the allocation of such fees in a fair and equitable manner, including, without limitation, installation of meters, timers, or other control devices, or allocation on the basis of area coverage. The Association shall bear its own share of the Irrigation System Fees attributable to its usage for irrigation of Common Properties or Common Maintenance Areas, and shall pay its fair share of such fees from its operating funds. Irrigation System Fees may be averaged throughout the calendar year to ameliorate changes in the fee attributable to weather patterns or landscape needs. The Association shall send statements to the Owners or users responsible for payment of the Irrigation System Fees at such intervals as may be established by the Board, provided that statements shall not be sent more often than monthly, or less often than annually. Payment shall be due within 30 days after receipt of such statements. The Association shall have the right to impose late payment fees and interest charges on payments that are more than 30 days past due, which fees and charges shall be established by the Board and disclosed to the Owners and users responsible for payment. All amounts due hereunder shall be secured by the right of the Association to impose a lien against the property of an Owner whose payment is delinquent as set forth in this Article 6. ARTICLE 7 TITLE TO COMMON AREAS; ACCEPTANCE AND MAINTENANCE OF COMMON PROPERTIES Section 7.1. Construction and Ownership of Common Property Improvements. It is anticipated that Declarant will designate certain portions of the Property to be Common Property or Common Area (collectively referred to in this Article 7 as the "Common Properties") that will be improved or developed in phases in association with the development and annexation of the additional property. Declarant may elect to construct or install certain improvements or facilities upon portions of the Common Properties, bubs not obligated to do so. Declarant shall have the absolute right and power to determine what improvements or facilities, if any, it will install or construct on the Common Properties at all times prior to conveying such Common Properties to the Association, and within two (2) years thereafter. All lands designated by the Declarant as Common Properties shall be conveyed to, and title shall be held by, the Association, together with all improvements or facilities constructed or installed thereon. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -25- Section 7.2. Acceptance of Common Properties. Within thirty (30) days after receipt of written notice from the Declarant informing the Association that Declarant has completed construction or installation of improvements upon any portion of COrrlrnon Properties, the President of the Association, or in the absence of the President, any Vice President of the Association, together with a duly authorized representative of the Declarant, shall conduct a thorough inspection of the improvements or facilities, and shall report in writing any incomplete or defective conditions. The Association shall have the right to engage the service of a professional engineer, or other qualified inspector, to assist with the inspection and preparation of the written report. Upon completion or correction of any incomplete or defective conditions by Declarant, and re-inspection and approval by the President (or Vice President, as the case may be), or, in the event that the Declarant and the representative of the Association disagree about the completion or correction of allegedly incomplete or defective conditions, upon written certification of completion by a licensed engineer or architect engaged by the Declarant, Declarant shall convey all of its right, title and interest in and to the Common Properties in question, including the improvements or facilities, to the Association free and clear of all liens, claims or expenses arising from the construction or installation of improvements on the Common Properties by Declarant, and the Association shall accept and acknowlE:idge the deed of conveyance, and/ or the certificate of completion, and shall thereafter own all right, title and interest in the Common Properties and improvements or facilities then conveyed. Section 7.3. Maintenance of the Common Properties. The Association shall own, operate and maintain all Common Properties and the improvements or facilities constructed or installed thereon in first class condition, subject to normal wear and tear, depreciation, and the elements. Maintenance of the Common Properties shall include periodic inspection and preventive maintenance for the improvements and facilities thereon. Section 7.4. Inspections of the Common Properties by Declarant. Declarant hereby reserves the right, at all times after conveyance of the Common Properties to the Association, to enter the Common Properties, without prior notice, and to inspect the condition of the improvements and facilities thereo'n. If Declarant determines, in its sole judgement, that the improvements or facilities are in need of repair or maintenance, it may so notify the Association in writing, and it shall be the sole obligation of the Association owning such Common Properties to promptly complete such repairs or maintenance. Failure of the Association to properly maintain and repair the Common Properties shall relieve the Declarant of any liability to the Association or to any Member for any condition of the Common Properties. Declarant shall have the right to make ,a record of its inspections by photographing and/ or videotaping the Common Properties, and shall have the right to perform tests or examinations to determine the condition of the Common g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -26- Properties, provided that Declarant shall indemnify the Association from any claims for personal injury, death, property damage or non-payment asserted by persons claiming by, through or under the Declarant for injury, death or damage occurring as a result o{such examinations or tests. Notwithstanding the foregoing, Declarant shall have no obligation to perform inspections of the Common Properties owned by the Association. The deeds conveying the Common Properties to the Association may contain a recitation of this reservation, however failure ta recite such reservation in such deeds shall not affect the rights of Declarant herein reserved. Section 7.5. Maintenance and Repair Records. The Association shall keep records of maintenance and repairs performed on the Common Properties, and such records shall be made available to the Declarant and to any Member upon written request. Failure of the Association to maintain appropriate records of maintenance and repairs shall be conclusive evidence that such maintenance and repairs were not performed. Section 7.6. Operation, Maintenance and Monitoring of Drainage Facilities. The Association shall maintain, as part of the common elements, drainage structures for the properties and comply with conditions of the permits from the St. Johns River Water Management District ("SJRWMD") for the drainage system. The Association, shall, when requested by Declarant, accept transfer of the SJRWMD permit identified as Number far the Wagner Station property and shall be designated as the "permittee" thereof. The conditions of the permits include monitoring and record keeping schedules, and maintenance. The drainage facilities and improvements, including without limitation, the retention/ de"tention ponds, underground pipes, inlets and outfall structures, if any, shall be collectively referred to herein as the "Surface Water and Storm Water Management System". The following additional conditions shall apply: a. The Association shall hold and save the SJRWMD harmless from any and all damages, claims, or liabilities which may arise by reason of the operation, maintenance or use of any facility authorized by the permit. b. The Association shall at all times properly operate and maintain the systems of treahnent and control ( and related appurtenances) that are installed or used to achieve 'compliance with conditions of the permit, as required by the SJRWMD. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by SJRWMD rules. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -27- ;, c. The Association, specifically agrees to allow authorized SJRWMD personnel, upon presentation of credentials or other documents as may be required by law, access to the Common Maintenance Area premises, at all reasonable times, where the permitted activity is located or conducted; for the purposes of inspection and. testing to determine compliance with the permit and SJRWMD regulations, such as: 1. Having access to and copying any records that must be kept under the conditions of the permit; and 2. Inspecting the facility, equipment, practices, or operations regulated. or required under the permit; and 3. Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with the permit or SJRWMD. rules; and 4. Gathering of data and information. Reasonable time may depend on the nature of the concern being investigated. d. Establishment and survival of littoral areas provided for storm water quality treatment in wet detention systems shall be assured by proper and continuing maintenance procedures designed to promote viable wetlands plant growth of natural diversity and character. Following as-built approval, perpetual maintenance shall be provided for the permitted system. e. The Association shall submit inspection reports in the form required by SJRMWD, in accordance with the following schedule unless specified otherwise here or in permit application: 1. For systems utilizing effluent filtration or exfiltration, the inspection shall be performed eighteen (18) months after operation is authorized and every eighteen (18) months thereafter. 2. For systems utilizing retention and wet detention, the inspections shall be performed two (2) years after operation is authorized and every two (2) years thereafter. f. It shall be the responsibility of each Lot Owner within the subdivision at the time of .construction of a building, residence, or structure, to comply with the g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -28- construction plans for the surface water management system pursuant to Chapter 40D-4, F.A.C., approved an~ on file with the SJRWMD. g. It is the Lot Owner's responsibility not the remove native vegetation (including cattails) that become established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, and cutting. Lot Owners should address any question regarding authorized activities within any wet detention pond to SJRWMD, Surface Water Permitting Department. h. No Owner of a Lot within the subdivision may construct or maintain any building; residence, or structure, or undertake or perform any activity in the wetlands, buffer areas, and upland conservation areas described in the approved permit and recorded Plat of the subdivision, unless prior approval is received from the SJRWMD pursuant to Chapter 40D-4, F.A.C. Section 7.7. Effect of Dissolution. In the event of the termination, dissolution or final liquidation of the Association, the responsibility for the operation and maintenance of the Surface Water and Storm Water Management System must be transferred to and accepted by an entity which would comply with Section 40C-42.027, Florida Administrative Code, and be approved by the SJRWMD prior to such termination, dissolution or liquidation. Section 7.8. Special Amendments Relating to Surface Water and Storm Water Management System. Any amendment to this Declaration which alters the Surface Water and Storm Water Management System, beyond maintenance in its original condition, including the water management portions of the Common Properties, must have the prior written approval of the S]RWMD. This section may not be amended without the consent of such District. Section 7.9. Shared Facilities. It is expected that certain portions of the Surface Water and Storm Water Management System will serve the drainage needs of adjacent lands not owned by Declarant and not within the Properties subject to this Declaration. Declarant reserves the right to grant such qrainage and/ or use easements and rights as Declarant may deem necessary or appropriate for accomplishing the drainage needs of the Properties and/ or lands owned by others provided that such agreements shall not unreasonably interfere with the use of the system by the Owners or unreasonably increase the cost of maintenance of the system by the Association. g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -29- Section 7.10. Water Levels in Retention Ponds; Flooding. The Surface Water and Storm Water Management System is designed to provide drainage for the Properties. Neither the Association nor the Declarant shall have any liability whatsoever to any Owner for claims or damages alleged by an Owner due to water levels in the lakes and/or retention ponds, if any, being below normal or otherwise unacceptable to the Owner. Recreational use and aesthetic appearance of the retention ponds is secondary to their intended drainage function, and during periods of prolonged drought or other unusual weather events water levels in the retention ponds may recede, and neither the Association nor the Declarant shall have any liability for such conditions. Provided that the Surface Water and Storm Water Management System is constructed in substantial compliance with the plans and specifications therefor approved by the appropriate governmental authorities, neither the Declarant, nor the Association nor any governmental authority shall be liable to the Association or any Owner for damage caused by flooding, and each Owner acknowledges and agrees that as long as the Declarant and the Association have acted in good faith in reLiance on reasonable engineering criteria approved by the governmental authorities in the design and construction of the Surface Water and Storm Water Management System, they shall not be liable for damages sustained by any Owner caused by weather events not taken into consideration in the design or construction of such system and facilities. Section 7.11. Common Irrigation System. The Declarant or the Association shall have the right, but not the obligation, to construct, install, operate and maintain a master irrigation system (herein referred to as the "Irrigation System") for the delivery of Irrigation Water (herein defined) to the Property, together with the right to modify, extend or improve the transmission lines, pipes, valves, pumps, controls, meters and other distribution and delivery apparatus, equipmen~ or fixtures that supply Irrigation Water to the Property. If installed by Declarant, the Irrigation System shall be subject to the provisions of this Article 7 regarding conveyance of Common Property to the Association including the provisions concerning operation, maintenance, repair and inspection. 7.11.1. The Irrigation System shall include all transmission lines, pipes, valves, pumps, controls, meters and other distribution and delivery apparatus, equipment or fixtures that supply Irrigation Water located on the Common Property or within an easement or right-of-way from the point of connection of the Irrigation System with the source of supply through the points of delivery of Irrigation Water to its users. 7.11.2. Owners shall be exclusively responsible for installing and maintaining any irrigation systems on their Lots from the point of attachment to the Irrigation System. If meters are installed, the point of attachment to the Irrigation System shall be on the Owner's side of the meter. If meters are not installed, the point of attachment to the g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -30- ,> Irrigation System shall be on the Owner's side of a shut-off valve attaching the Owner's irrigation system to the Irrigation System. The Association shall be responsible for leaks or malfunctions occurring within the Irrigation System, and each Owner shall be responsible for leaks or malfunctions occurring on the Owner's side of the point of attachment to the Irrigation System. 7.11.3. The Declarant or the Association shall have the right to determine the locations and services to be supplied by the Irrigation System, and all Owners of Lots that are supplied with a point of attachment to the Irrigation System shall be obligated to pay the Irrigation Fees established by the Board in accordance with Article 6, whether such Owner elects to use Irrigation Water or not. Owners who elect not to use Irrigation Water shall be obligated to pay the reservation or access fee, maintenance, operation and reserve cost portions of the Irrigation System Fees. 7.11.4. Neither the Association, nor any Owner shall install or operate any irrigation system, apparatus or device that does not receive Irrigation Water from the Irrigation System. Water may not be drawn from any lake or retention pond for irrigation purposes unless approved by the ACe. No water wells shall be permitted on any Lot, Unit or Common Property, except those wells belonging to the governmental authorities. If the Association provides irrigation services through an Irrigation System, no Owner may connect any irrigation system on the Owner's property to any source except the Irrigation System unless approved by the ACe. 7.11.5. The Association shall have the right to establish rules and regulations governing the usage of Irrigation Water, including without limitation, restrictions on the amounts, times and frequency of use. 7.11.6. The Association shall have the right to employ such personnel, machinery, equipment and vehicles as the Board of Directors shall deem appropriate for the operation ar:d maintenance of the Irrigation System, and! or to enter into agreements with contractors for the provision of such services. 7.11.7. The Association shall have the right to enter into or assume the obligation of Declarant under any agreements authorized by approval of the Board of Directors with suppliers of Irriga~ion Water. Water introduced into the Irrigation System shall be referred to as "Irrigation Water", and may be obtained from sources such as so- ~alled "re-use waterll or "gray water" suppliers, and is intended strictly for irrigation use, and not for human consumption, drinking or bathing. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -31- .. Section 7.12. Condemnation. In the event of condemnation or a sale in lieu thereof of all or any portion of the Common Areas, the funds payable with respect thereto shall be payable to the Association and sheill be used by the Association to purchase additIonal Common Areas to replace that which has been condemned or to take whatever steps it deems reasonably necessary to repair or correct any damage suffered as a result of the condemnation. In the event that the Board of Directors of the Association determines that the funds cannot be used in such a manner due to the lack of available land for additional Common Areas or for whatever reason, any remaining funds may be distributed to the Owners on a pro rata basis. ARTICLE 8 ARCHITECTURAL REVIEW Section 8.1: Architectural Control Committee. A committee to be known as the Architectural Control Committee (the "ACC") shall be established consisting of three (3) persons who need not be members of the Association. a. The committee members of the ACC shall be appointed, terminated and/ or replaced by the Declarant so long as there is Class B membership. Thereafter the committee members of the ACC shall be appointed, terminated and/ or replaced by the Board of Directors. The persons appointed to the ACC are b. The purpose of the ACC is to enforce the architectural standards of the community and to approve or disapprove plans for improvements proposed for the Lots. c. The ACC shall act by simple majority vote, and shall have the authority to delegate its duties or to retain the services of a professional engineer, architect, designer, inspector or other person to assist in the performance of its duties. Section 8.2. . Scope of Review. No building, fence, wall, outbuilding, landscaping, pool, athletic facility or other structure or improvement shall be erected, altered, added onto or repaired upon any portion of the Property without the prior written consent of the ACC, provided however. that improvements erected, altered, added onto or repaired by Declarant shall be exempt from the provisions of this Article 8. g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -32- .., Section 8.3. Submission of Plans. Prior to the initiation of construction upon any Lot, the Owner thereof shall first submit to the ACC a complete set of plans and specifications for the proposed improvements, including site plans, grading plans, landscape plans, floor plans depicting room sizes and layouts, exterior elevations, specifications of materials and exterior colors, and any other information deemed necessary by the ACC for the performance of its function. In addition, the Owner shall submit the identity of the individual or company intended to perform the work and projected commencement and completion dates. Section 8.4. Plan Review. Upon receipt by the ACC of all of the information required by this Article 8, it shall have twenty-one (21) days in which to review said plans. The proposed improvements will be approved if, in the sole opinion of the ACe: (1) the improvements will be of an architectural style and material that are compatible with the other structures in the Property; (2) the improvements will not violate any restrictive covenant or encroach upon any easement or cross platted building set back lines; (3) the improvements will not result in the reduction in property value, use or enjoyment of any of the Property; (4) the individual or company intended to perform the work is acceptable to the ACC in the exercise of its reasonable discretion, provided however, that the right of the ACC to consent to the individual or company selected to perform the work shall not be used to require any Owner to retain the Declarant or its employees, agents, contractors or affiliated companies or any Builder, nor shall such consent be deemed approval or indorsement of the quality of work or performance of the company or individual performing such work; and (5) the improvements will be substantially completed, including all cleanup, within three (3) months of the date of commencement [6 months for the construction of a complete house]. In the event that the Ace fails to issue its written approval within twenty-one (21) days of its receipt of the last of the materials or documents required to complete the Owner's submission, the ACes approval shall be deemed to have been granted without further action. Section 8.5. Non-conforming Structures. If there shall be a material deviation from the approved plans in the completed improvements, such improvements shall be in violation of this Article 8 to the same extent as if erected without prior approval of the ACe. The ACe, the Association or any Owner may maintain an action at law or in equity for the removal or correction of the non-conforming structure and, if successful, shall recover from the Owner in violation all costs, expenses and fees incurred in the prosecution thereof. i Section 8.6. Immunity of Ace Members. No individual committee member of the Ace shall have any personal liability to any Owner or any other person for the acts or omissions of the ACC if such acts or omissions were committed in good faith and without g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -33- .j; .' malice. The Association shall defend any action brought against the ACC or any committee member thereof arising from acts or omissions of the ACC committed in good faith and without malice. . Section 8.7. Address for Notice. Requests for ACe approval or correspondence with the ACC shall be addressed to the Wagner Station Architectural Control Committee and mailed or delivered to the principal office of Centex Homes at 151 Southhall Lane, Suite 230, Maitland, Florida, 32751-7190, or such other address as may be designated from time to time by the ACe. No correspondence or request for approval shall be deemed to have been received until actually received by the ACC in form satisfactory to the ACe. ARTICLE 9 EASEMENTS Section 9.1. Utility Easements. As long as Class B membership shall be in effect, the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the benefit of Declarant or its designees, upon, across, over, through and under any portion of the Common Area for ingress, egress, installation; replacement, repair, maintenance, use and operation of all utility and service lines and service systems, public and private, including, without limitation, cable television. Declarant, for itself and its designees, reserves the right to retain title to any and all pipes, lines, cables or other improvements installed on or in such easements. Upon cessation of Class B membership, the Association shall have the right to grant the easements described herein. Section 9.2. Declarant's Easement to Correct Drainage. Declarant hereby reserves for the benefit of Declarant and any Builder a blanket easement on, over and under the ground within the Property to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety and appearance and shall be entitled to remove trees or vegetation, without liability for replacement or damages, as may be necessary to provide adequate drainage for any Lot. Notwithstanding the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant or any Builder to correct or maintain any drainage improvements within the Property. Section 9.3. Easement for Unintentional Encroachment. The Declarant hereby reserves an exclusive easement for the unintentional encroaclunent by any structure upon the Common Area caused by or resulting from, construction, repair, shifting, settlement or movement of any portion of the Property, which exclusive easement shall exist at all g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -34- .' .i~ times during the continuance of such encroachment as an easement appurtenant to the encroaching Property to the extent of such encroachment. Section 9.4. Entry Easement. In the event that the Owner fails to maintain the Lot as required herein, or in the event of emergency, the Association shall have the right to enter upon the Lot to make emergency repairs and to do other work reasonably necessary for the proper maintenance and operation of the Property. Entry upon the Lot as provided herein shall not be deemed a trespass, and the Association shall not be liable for any damage so created unless such damage is caused by the Association's willful misconduct or gross negligence. Section 9.5. Drainage Easements. Easements for installation and maintenance of utilities, storm water retention/ detention ponds, and/ or conservation areas are reserved as may be shown on any recorded Plat. Within these easement areas, no structure, landscaping or other material shallbe placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may hinder or change the direction of flow of drainage channels or slopes in the easements. The easement area of each Lot and all improvements contained therein shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, utility company or the Association is responsible. Section 9.6. Temporary Completion Easement. All Lots shall be subject to an easement of ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and assigns, over and upon the front, side and rear yards of the Lots as may be expedient or necessary for the construction, servicing and completion of dwellings and landscaping upon adjacent Lots, provided that such easement shall terminate 24 months after the date such Lot is conveyed to the Owner by the Declarant. Section 9.7. Community WalL Fence, Signage and Landscape Easement. An easement is hereby created for the ~se and benefit of the Association and the Declarant for the erection and maintenance of a wall or fence, and the installation of landscaping and the erection of signs over, across and upon an area ten (10) feet wide adjacent to the rear property line boundaries of Lots ; together with an area seven and one-half (7.5) feet wide adjacent to the east property line boundaries of Lots ; together with an area seven and one-half (7.5) feet wide adjacent to the west property line boundary of Lot ; together with an area five (5) feet wide adjacent to the southwest property line boundary of Lot commencing at the intersection of the point of curvature of said southwest boundary with the south boundary g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -35- of Lot and following the curvature of the southwest boundary of Lot to a point ten (10) feet north of the intersection of the point of curvature of the southwest boundary with the west boundary of Lot ; together with an area five (5) feet wide adjacent to the southeast property line boundary of Lot commencing at the intersection of the point of curvature of said southeast boundary with the sbuth boundary of Lot and following the curvature of the southeast boundary of Lot to a point ten (10) feet north of the intersection of the point of curvature of the southeast boundary with the east boundary of Lot , as depicted on the recorded subdivision Plat. The Declarant and/ or the Association shall have the right to install, erect, construct, operate and maintain within such easement, a fence or wall, sidewalks, paths, landscaping, irrigation systems, signs, lighting and other improvements, subject to the requirements and limitations of ordinances or regulations of the governmental authorities. All improvements permanently installed in such easement by Declarant or the Association shall be and remain the property of the Association, and the Association shall operate and maintain all such permanent improvements as part of the Common Maintenance Property of the Association as a common expense. No Owner shall unreasonably inhibit access by the Association or the Declarant for inspection or maintenance of the wall, fence or other improvements in the easement, and no Owner shall erect or install any permanent improvement within the easement area without the prior written consent of the Declarant as long as the Declarant retains Class IIBII membership status, or by the Association thereafter, and such approval shall not be unreasonably withheld provided that the proposed improvements are approved by the Architectural Control Committee, and do not materially affect the use of the easement by the Association or Declarant. In those areas where the easement described herein affects easements for utilities or drainage, this easement, and the rights of the Declarant, Association and Owners, as herein described, shall be subordinate to the easements for utilities or drainage, and nothing set forth in this Section 9.7 shall limit or affect the rights of the beneficiaries of easements for utilities or drainage, nor shall the Association, the Declarant or any Owner, by virtue of this Section, have any right to erect any improvement, temporary or permanent, within the easement in violation of the rights of the beneficiaries of utility or drainage easements. All improvements installed in the easement that are designed, constructed and intended to remain indefinitely are deemed to be permanent improvements for the purposes of this easement. Declarant's marketing signs and paraphernalia intended to remain only as long as Declarant continues to market new homes in the Properties, are not deemed to be permanent improvements, and shall be erected, maintained and removed by Declarant at its sole expense, and shall not be or become the property of the Associatjon. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -36- ARTICLE 10 USE AND OCCUPANCY All Lots and dwellings shall be used and occupied for single family residence purposes only. No Lot or dwelling may be used for commercial, institutional or other non-residential purpose if such use involves the attendance or entry of non-residents upon the Lot or otherwise diminishes the residential character of the Lot or neighborhood. This prohibition shall not apply to (1) "garage sales" conducted with the prior written consent of the Association provided that no Owner shall conduct more than one (1) garage sale of no more than two (2) days duration during any six (6) month period or, (2) the use of any Unit by Declarant or any Builder as a model home or sales office, or the use of any Lot as a site for a construction office trailer or sales office trailer by Declarant or any Builder. The living area of each Unit, exclusive of garages, porches, patios and other areas not designed for human habitation, shall be 120p square feet or larger measured to the outside of the exterior walls. ARTICLE 11 PROPERTY RIGHTS Section 11.1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement in and to the Common Areas and a right and easement of ingress and egress to, from and through said Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to establish and publish rules and regulations governing the use of the COlmon Areas affecting the welfare of Association members. b. The right of the AssoCiation to suspend the right of use of the Common Areas of an Owner 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 its published rules and regulations. c. The right of the Association, subject to the prov!sions hereof, to dedicate or transfer all or any part of the Common Areas, if any, to any public agency, a~thority or utility for such purposes and subject to such conditions as may g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -37- be agreed to by the Owners. No such dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to such dedication or transfer. d. All easements herein described are easements appurtenant to and runn~ng with the land; they shall at all times inure to the benefit of and be binding upon the undersigned, all of their grantees, and their respective heirs, successors, personal representatives and assigns, perpetually and in full force. Section 11.2. Effect of Declaration. Reference in any deed, mortgage, trust deed or any other recorded documents to the easements, restrictions and covenants herein described or to this Declaration shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents. Sectionl1.3. Rezoning Prohibited. No Lot shall be rezoned to any classification allowing commercial, institutional or other non-residential use without the express consent of the Association and Declarant, which may be withheld in Declarant's sole discretion. Declarant or the Association may enforce this covenant by obtaining an injunction against any unapproved rezoning at the expense of the enjoined party. Section 11.4. Lot Consolidation. Any Owner owning two or more adjoining Lots or portions of two or more such Lots may, with the prior approval of the ACe, consolidate such Lots or portions thereof into a single building site for the purpose of constructing one residence and such other improvements as are permitted herein, provided however, that no such building site shall contain less than square feet of land for an interior Lot and square feet of land for a corner Lot and that the Lot resulting from such consolidation shall bear, and the Owner thereof shall be responsible for, all assessments theretofore applicable to the Lots which are consolidated and each such building site shall meet all lawful requirements of any applicable statute, ordinance or regulation. ARTICLE 12 USE RESTRICTIONS g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -38- ';Co Section 12.1. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 12.2. Development Activity. Notwithstanding any other provision herein, Declarant and its successors and assigns, including Builders, shall be entitled to conduct on the Property all activities normally associated with and convenient to the development of the Property and the construction and sale of dwelling units on the Property. Section 12.3. Temporary Structures. No structure of a temporary character, including, without limiting the generality thereof, any trailer, tent, shack, garage, barn, motor home or mobile home or other outbuilding, and no prefabricated or relocated structure shall be used on any Lot at any time as a residence, either temporarily or permanently. This restriction shall not be interpreted to limit the right of Declarant or any Builder to use trailers or outbuildings as sales offices, construction offices or material storage facilities. Section 12.4. Signs. No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Unit, fence orother improvement upon such Lot so as to be visible from public view or mounted on any vehicle or trailer parked or driven in the Property or carried by any person or by any other means displayed within the Property except the following: a. Address Signs. An Owner may display an address sign or marker in the form and style first installed by the Declarant or Builder of the Unit, or in such other form or style approved by the ACC pursuant to Article 8. b. For Sale Signs. An Owner may erect one (1) sign not exceeding 2' x 31 in area, fastened only.to a stake in the ground and extending not more than three (3) feet above the surface of the ground advertising the property for sale. c. Declarant's Signs. Signs or billboards may be erected by the Declarant or any Builder. d. Political Signs. Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -39- ..:t. candidates or the sponsorship of a poiitical party, issue or proposal provided that such signs shall not be erected more than ninety (90) days in advance of the election to which they pertain and are removed within fifteen (15) days after the election. Section 12.5. Campers. Boats and Recreational Vehicles. No campers, boats, boat trailers, recreational vehicles and other types of non-passenger vehicles, equipment, implements or accessories may be kept on any Lot unless the same are fully enclosed within the garage located on such Lot and/ or said vehicles and accessories are screened from view by a screening structure or fencing approved by the ACe, and said vehicles and accessories are in an operable condition. The ACe, as designated in this Declaration, shall have the absolute authority to determine from time to time whether a vehicle and/ or accessory is operable and adequately screened from public view. Upon an adverse determination by said ACC, the vehicle and/ or accessory shall be removed and/ or otherwise brought into compliance with this paragraph. No dismantling or assembling of motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment shall be permitted in any driveway or yard adjacent toa street. No commercial vehicle bearing commercial insignia or names shall be parked on any Lot except within an enclosed structure or a screened area which prevents such vievv thereof from adjacent lots and streets, unless such vehicle is temporarily parked for the purpose of serving such Lot. Section 12.6. Pets. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except for cats, dogs or other generally recognized household pets of a reasonable number, provided that they are not kept, bred, or maintained for any commercial purpose; and provided further, than no more than four (4) adult animals may be kept on a single Lot. All such animals shall be kept in strict acc<:>rdance with all local laws and ordinances (including leash laws) and in accordance with all rules established by the Wagner Station Homeowners Association. Section 12.7. Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment and containers for the storage or disposal of such material shall be kept in a clean and sanitary condition. No cans, bags, containers or receptacles for the storing or disposal of trash, garbage, refuse, rubble, or debris shall be stored, kept, placed or maintained on any Lot where visible from any street except solely on a day designated for removal of garbage and rubbish and on which,days only, such cans, bags, containers, and receptacles may be placed in front of a residence and beside a street for removal but shall be removed from view before the following day. g:\Iegal\dccr\wgnrsln.dcr DRAFT 72497 -40- .j. Section 12.8. Sight Distance at Intersections. No fence, walt hedge or shrub planting which obstructs sight lines at elevations between three (3) and ten (10) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and in a line connecting them at points thirty-five (35) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 12.9. Parking. No vehicles, trailers, implements or apparatus may be driven or parked in the Common Maintenance Areas or on any easement (except areas intended for vehicular access) unless in use for maintaining such Common Maintenance Areas. Section 12.10. Commercial or Institutional Use. No Lot, and no building erected or maintained on any Lot shall be used for manufacturing, industrial, business, commercial, institutional or other non-residential purposes, except for construction offices, model homes and sales offices as set forth in this Declaration or in the Articles of Incorporation Or Bylaws of the Association. Section 12.11. Detached Buildings. No detached accessory buildings, including, but not limited to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot without the prior consent of the ACe. Every outbuilding, inclusive of such structures as a storage building, greenhouse or children's playhouse shall be compatible with the dwelling to which it is appurtenant in terms of its design and material composition. In no instance shall an outbuilding exceed one (1) story in height or have total floor area in excess of ten percent (10%) of the floor area of the maiD dwelling. Section 12.12. Fences. No fence, wall or hedge shall be erected or maintained on any Lot nearer to the street than the building setback lines for the front yard, except for fences erected in conjunction with model homes or sales offices. Except as may be necessary to maintain the sight distances required by Section 12.8, side yard fences on corner Lots must be erected inside the side street setback line of the Lot. All fences shall be constructed of wood at masonry except for retaining walls installed ,by Declarant or retaining walls or decorative walls approved by the ACe. All fences shall be of uniform height except sales office or model home fences. No chain-link metal cloth or agricultural g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -41- fences may be built or maintained on any Lot. Unless otherwise agreed between Owners, side and rear yard fences that separate adjacent lots shall be owned and maintained by the Owner on whose Lot the fence exists, or if the location is indefinite, such fence will be maintained by the Owners whose Lots are involved jointly with expenses being shared equally. Section 12.13. Landscaping. Decorative ground cover rock in the front and side yard may not exceed ten (10) percent of the total area of the front and side yard. Lawns must be properly maintained (not to exceed six (6) inches in height). Section 12.14. Television and Radio Receiving Devices. No exterior radio or television antenna, satellite dish, microwave antenna or other antenna or device for sending or receiving television or radio signals may be erected or maintained on the exterior of any Unit in the Properties in such a manner as to be visible to an observer from the street in front of the Unit. Television and/ or radio receiving devices may be erected on the exterior of a Unit in a location that does not allow them to be visible to an observer from the street in front of the Unit if such devices are approved for installation by the ACC, provided however, that satellite receiving dishes in excess of 39 inches in diameter shall be prohibited on all Lots. Notwithstanding the foregoing, the Board of Directors of the Association shall have the authority to establish size limitations for television and radio receiving devices that do not have a material effect upon the appearance of the Unit which devices may be approved for use in areas that are visible to an observer from the street if advances in technology create devices that are unobtrusive and do not materially affect the . appearance of the Unit. By acceptance of a deed to a Unit within the Properties, each Owner agrees that this restrictive covenant is a reasonable limitation on the Owners' ability to receive television and/ or radio transmissions, and (1) does not unreasonably delay or prevent installation, maintenance or use of television or radio receiving devices, (2) does not unreasonably increase the cost of installation, maintenance or use of television or radio receiving devices, (3) does not preclude reception of an acceptable quality television or radio signal, and (4) does 'not impose an unnecessary burden, expense or delay on any Owner. Each Owner covenants with Declarant and every other Owner that the rights of the Association and all other Owners of Units in the Properties in the protection of property valuesand the architectural character and aesthetics of the Properties supersedes and takes precedence over the interests of each individual Owner in the placement of television and radio receiving devices, and that the limitations established in this Declaration provide each Owner reasonable alternatives for receiving quality television and radio signals without the necessity of erecting receiving devices in 16cations that are visible to observers from the street in front of the Unit or otherwise materially affect the g:\legal\dccr\wgnrstn.dcr DRAFT . 72497 -42- ;I:~ appearance of the Unit. Therefore; each Owner agrees to be bound by this limitation and waives the benefits of any contrary rule or regulation promulgated by the Federal Communications Commission or other governmental body or agency. Section 12.15. Exterior Finish. All exterior walls of all dwellings, garages and approved accessory buildings shall be completely finished with wood, stucco, brick, stone, paneling or other material acceptable to the ACe. No unpainted concrete block surfaces shall be visible on any exterior wall. The first floor exterior walls of the main residence building constructed on any Lot shall be composed of at least % masomy or masonry veneer '(including stucco), said .percentage to apply to the aggregate area of all first floor exterior walls, excluding windows, doors or other openings and gable ends. The minimum masonry requirement specified shall apply to the lower floor only for a two- story dwelling. Masomy or masonry veneer includes stucco, ceramic tile, clay, brick, rock and all other materials commonly referred to in the Seminole County, Florida area as masonry. Notwithstanding the foregoing, the ACC is empower~d to waive this restriction if, in its sole discretion, such waiver is advisable in order to accommodate a unique or advanced building concept, design, or material, and the resulting structure will not detract from the general appearance of the neighborhood. Section 12.16. Chimneys. All fireplace flues shall be completely enclosed and concealed from public view in finished chimneys of materials architecturally compatible with the principal finish material of the exterior walls of the dwelling or otherwise approved by the ACe. Section 12.17. Clothes Hanging Devices. Clothes hanging devices exterior to a dwelling shall not exceed six (6) feet in height and shall not be placed nearer to any street abutting the Lot than the side yard setback line or the back of the Unit constructed on the Lot. Clothes hanging devices shall be screened from public view by a fence approved by the ACe. Such fence shall be erected by the Owner before any clothes hanging device is erected. Section 12.18. Window Treatment. No aluminum foil, reflective film or similar treatment shall be placed on windows or glass doors. Section 12.19. Oil and Mining Operations: Hazardous Materials. No oil drilling, oil development operations, oil refir;ting, quarrying or mining operation qf any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure designed for use in g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -43- boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. No tank for the storage of oil or other fluids may be maintained on any of the Lots above the surface of the ground. No hazardous, flammable or explosive materials shall be kept, stored or dispose a of on any Lot except household chemicals, cleansers, lubricants and the like, which may be kept and used in conventional domestic applications and amounts in accordance with applicable environmental laws and regulations. Section 12.20. Mail Boxes. Mail boxes shall be erected and maintained upon areas determined by the u.s. Postal Service in accordance with the current postal authority standards and the approval of the ACe. Section 12.21. Garages. An enclosed garage able to acco.mmodate at least two (2) automobiles must be constructed and maintained for each residence. The openings of such garages must be situated within the setback lines set out herein. If the garage is detached from the house, it shall be located entirely in the rear yard area and not less than five (5) feet from any side or rear Lot line and in the case of corner Lots, not less than the distance required for dwellings from side streets. Garages may be used as the Declarant's or Builder1s sales offices prior to permanent occupancy of the main structure, however, sales offices must be converted to garages prior to permanent occupancy. Detached garages may not exceed a height of eighteen feet (181) at the highest ridge point of the roof measured from the existing ground unless prior written approval is obtained from the Architectural Control Committee. With the exception of periods when garages are used by the Builder as sales offices, all garages shall be maintained for the storage of automobiles, and no garage may be enclosed or otherwise used for habitation. . Section 12.22. Roof. No exposed roof surfaces on any principal and! or secondary structures shall be of wood shingles or wood shakes unless rated by the State Insurance Board as meeting fire retardant standards. The Architectural Control Committee shall have the authority to approve roof treatments and materials when in its determination such treatments and materials, in the form utilized will not be a detriment to the quality of the neighborhood. ' Section 12.23. Setback Lines. All buildings or other structures (except fences), permanent or temporary, habitable or uninhabitable, must be constructed, placed and maintained in conformity with setback lines imposed herein. In no event shall any such building or other structure be constructed, placed or maintained within -r-- feet of the side boundary of a Lot (except for Lots bordering a side street, in which case the side street setback line shall be feet) or within feet of the rear boundary of a Lot. Front g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -44- .., setback lines for one story homes are hereby established at feet, and for two story homes at feet. Detached garages and temporary structures shall be located entirely in the rear yard area and not less than _ feet from any side or rear Lot line and in the case of corner Lots, not less than the distance required for dwellings from side streets. 'The eaves, steps and porches of buildings shall not be deemed to be a part of a building or structure for the purpose of this covenant. Notwithstanding the foregoing, the ACC shall have the right and authority to approve variances from the setback requirements for reasonable cause or to alleviate a hardship. Section 12.24. Athletic and Recreational Facilities. Outdoor athletic and recreational facilities such as basketball goals, swing sets and sport courts of either a permanent or temporary nature shall not be placed on any Lot between the street right-of- way and the front of a Unit and must be approved by the Architectural Control Committee pursuant to Article 8. Tennis court lighting and fencing shall be allowed only with the approval of the ACe. Section 12.25. Security. Neighborhood security patrols may be provided by independent contractors through the Association, from time to time; however the Association is not responsible for security of the neighborhood or any Unit and the Owners are exclusively responsible for security for their homes and property. Section 12.26. Water and Sewage Systems. No individual water supply system or sewage disposal system shall be permitted on any Lot, including but not limited to water wells, cesspools or septic tanks. Section 12.27. Exterior Holiday Decorations. Lights or decorations may be erected on the exterior of Units in commemoration or celebration of publicly observed holidays provided that such lights or decorations do not unreasonably disturb the peaceful enjoyment of adjacent Owners by illuminating bedrooms, creating noise or attracting sight- seers. All lights and decorations that are not permanent fixtures of the Unit which are part of the original construction or have been properly approved as permanent improvements by the ACC shall be removed within thirty (30) days after the holiday has ended. Christmas decorations or lights may not be displayed prior to November 15th of any year. For other holidays, decorations or lights may not be displayed more than two (2) weeks in advance of the holiday. The Association shall have the right, upon thirty (30) days prior written notice to enter upon any Lot and summarily remove exterior light~ or decorations displayed in violation of this provision. The Association, and the individuals removing the g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -45- "', lights and decorations, shall not be liable to the Owner for trespass, conversion or damages of any kind except intentional misdeeds and gross negligence. Section 12.28. Solar Energy Devices. No Owner may erect or maintain solar collector panels or other solar energy devices or equipment upon any Lot unless such apparatus is erected and maintained in such a way that it is screened from public view at a point in the center of the public street right-of-way directly in front of the house erected on such Lot; and no s~ch apparatus shall be erected without the prior written consent of the ACe. ARTICLE 13 PICKETING AND DEMONSTRATIONS By acceptance of the deed to any Lot covered by this Declaration, the Owner covenants and agrees with the Owners of all other Lots within the subdivision, that no Owner or resident of any Lot shall engage in picketing, protest marches, sit-in demonstrations, protest speeches or other forms of public protest, including without limitation, displaying signs or placards within public view, upon any Lot or within any Common Area, easement or street adjacent to any Lot, or affixed to any vehicle or apparatus upon or adjacent to any Lot, street, easement or Cornmon Area. This prohibition shall not affect the right of any person to participate in any other form of public protest conducted outside the area depicted on any recorded subdivision Plat. No Owner or resident of any Lot shall engage .in conduct that tends to vilify, ridicule, denigrate, or impugn the character of any other Owner or resident if such conduct occurs on any Lot, Common Area, easement or street depicted on the subdivision Plat. Each Owner, by acceptance of the deed to any Lot, shall be. deemed to have accepted the foregoing prohibitions as reasonable limitations on his or her constitutional right of free speech and to recognize and agree that all Owners have the right to the peaceful enjoyment of their property; the right of privacy; the right to practice their own religion; the freedom of association; the right to engage in a profession, business or life-style of their own choosing provided that the conduct of such profession, business or life-style is not illegal and does not otherwise violate any provision of this Declaration. ARTICLE 14 MORTGAGEE PROVISIONS g:\legal\dccr\wgnrsln.dcr DRAFT 72497 -46- .,. The following provisions are for the benefit of holders of first Mortgages on Units in the Properties. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other. provisions contained therein. Section 14.1. Rights of Eligible Holders. An institutional holder, insurer, or guarantor of a first Mortgage (herein referred to as an "Institutional Lender") that provides a written request to the Association (such request to state (1) the name and address of such holder, insurer, or guarantor; (2) the name of the Owner; (3) the address of the Unit; and (4) the Lot and Block numbers and identification of the Unit, thereby becoming an "Eligible Holder"), will be entitled to: a. the right to inspect Association documents and records on the same terms as Members; b. copies of all written notices to the Unit Owner of material amendments to the Declaration, Articles of Incorporation or Bylaws of the Association when such notices are required to be given to Owners pursuant to such documents; c. . copies of written notices to the Unit Owner of extraordinary actions to be taken by the Association when such notices are required to be given to Owners pursuant to this Declaration or the Bylaws; d. copies of written notices to the Unit Owner of (i) any property loss, condemnation or eminent domain proceeding affecting the Common Property resulting in losses greater than ten percent (10%) of the current annual budget, or (ii) any Unit insured by the Association in which the Eligible Holder has an interest; e. copies of written notices to the Unit Owner of any termination, lapse or material modification of an insurance policy held by the Association; f. written notice of any default by an Owner of a Unit subject to a mortgage held by the Eligible Holder in paying assessments or charges to the Association which remains uncured for sixty (60) consecutive days; g. written notice of any proposal to terminate the Declaration or dissolve the Association at least thirty (30) days before such action is taken; g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -47- h. the right of a majority of Eligible Holders (determined on the basis of one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to demand that the Association retain a professional management company; and i. the right of a majority of Eligible Holders (determined on the basis of one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to demand an audit of the Association's financial records. Section 14.2. Voting Rights of Eligible Holders. For purposes of this Section, an Eligible Holder of a Mortgage shall be entitled to one (1) vote for each first Mortgage owned. . 14.2.1. Unless at least two-thirds (2/3) of the Eligible Holders consent, the Association shall not: a. by act or omission abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Property which the Association owns, directly or indirectly (The granting of easements for public utilities or other similar purposes consistent with the intended use of the Common Property shall not be deemed a transfer within the meaning of this subsection.); b. change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner (A decision, including contracts, by the Board or provisions of any supplemental declaration subsequently recorded on any portion of the Properties regarding assessments for Lots to be annexed or other similar areas shall not be subject to this provision where such decision or subsequent supplemental declaration is otherwise authorized by this Declaration.); c. by act or omission change, waive, or abandon any material aspect of the scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Units and of the Common Property (The issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment withing the lneaning of this provision.); d. fail to maintain insurance, as required by this Decla~ation; or g:\Iegal\dccr\wgnrsln.dcr DRAFT 72497 -48- ~ e. use hazard insurance proceeds for any Common Property losses for other than the repair, replacement, or reconstruction of such property. 14.2.2. shall require: Any election to terminate the legal status of the Association a. the approval of at least fifty-one percent (51 %) of the Eligible Holders if the election to terminate the legal status is the result of substantial destruction or a substantial taking in conderrmation of the Common Property; or b. the approval of at least sixty-seven percent (67%) of the Eligible Holders if the termination is sought for any other reason. 14.2.3. In the event a portion of the Common Property is either condemned or destroyed or damaged by a hazard that is insured against, restoration or repair shall be performed substantially in accordance with the provisions of the Declaration and the original plans and specifications for the project unless fifty-one (51 %) of the Eligible Holders approve the taking of other action by the Association. 14.2.4. The affirmative vote fifty-one percent (51 %) of the Eligible Holders shall be sufficient to require the Association to engage a professional management company. 14.2.5. The affirmative vote fifty-one percent (51 %) of the Eligible Holders shall be sufficient to require the Association to conduct an audit of its financial records. Section 14.3. Voluntary Payments by Eligible Holders. Eligible Holders may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Property and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of a Association policy, and Eligible Holders making such payments shall be entitled to. immediate reimbursement from the Association. Section 14.4. No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over aJ1Y rights of the Eligible Holder of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property. g:\Iegal\dccr\wgnrsln.dcr DRAFT 72497 -49- Section 14.5. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the Eligible Holder of any Mortgage encumbering such Owner1s Unit. Section 14.6. Amendment by Board. Should the Federal Housing Administration, Department of Veterans Affairs, Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation subsequently modify any of their respective requirements which necessitate the provisions of this Article, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. Section 14.7. Applicability of this Article. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, the Bylaws, or Florida corporate law for any of the acts set out in this Article. Section 14.8. Failure of Eligible Holder to Respond. Any Eligible Holder who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Eligible Holder within thirty (30) days of the date of the Association's request. ARTICLE 15 INSURANCE AND CASUALTY LOSSES Section 15.1. Common Areas. The Association shall keep all improvements, facilities and fixtures located within the Common Areas insured against loss or damage by fire or other casualty for the full insurable replacement value thereof (with reasonable deductibles and normai exclusions for land, foundations, excavation costs and similar matters, and may obtain insurance against such other hazards and casualties as the Asso- ciation may deem desirable. The Association may also insure any other property, whether real or personal, owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance for and on behalf of itself and all Members. The insurance coverage with respect to the Common Areas shall be written in the name of, and the pro- ceeds thereof shall be payable to, the Association. Insurance proceeds sh~ll be used by the Association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the Association are Common Expenses and g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -50- 'shall be included in the Association's annual budget and collected as part of the Annual Assessment. To the extent obtainable at reasonable rates, the insurance policy(ies) maintained by the Association shall contain provisions, or be accompanied by endorsements, for: agreed amount and inflation guard, demolition costs, contingent lia- bility from operation of building laws and increased costs of construction. All insurance policies shall contain standard mortgagee clauses, if applicable. The Association shall also maintain, to the extent any insurable improvements to Common Areas are within an "A" flood zone, flood insurance in an amount equal to the lesser of 100% of the replacement costs of all insurable improvements (if any) within the Common Areas or the maximum amount of coverage available under the National Flood Insurance Program, whichever is less. Section 15.2. Waiver of Subrogation. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Members, Declarant and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said persons, but only to the extent that insurance proceeds are received in compensation for such loss. Section 15.3. Liability and Other Insurance. The Association shall have the power to and shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, with coverage of at least $1,000,000.00 (if available at reasonable rates and upon reasonable terms) for any single occurrence, insuring against liability for bodily injury, death and property damage arising from the activities of the Association or with respect to property under its jurisdiction, including, if obtainable, a cross liability endorsement insuring each Member against liability to each other Member and to the Association and vice versa. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable, insuring each Member and the Association and its Board of Directors and officers, from liability in connection with the Common Areas, the premiums for which shall be Common Expenses and included in the assessments made against the Members. The Association may also obtain such other insurance as the Board deems appropriate. All insurance policies shall be reviewed at least annually by the Board of Directors and the limits increased in its discretion. g:\Iegal\dccr\wgnrsln.dcr DRAFT 72497 -51- The Board may also obtain such errors and omissions insurance, indertmity bonds, fidelity bonds and other insurance as it deems advisable, insuring the Board or any management company engaged by the Association against any liability for any act or omission in carrying out their obligations hereunder, or resulting from their membership on the Board or any committee thereof. At a minimum, however, there shall be blanket fidelity bonding of anyone (compensated or not) who handles or is responsible for funds held or administered by the Association, with the Association to be an obligee thereunder. Such bonding shall cover the maximum funds to be in the hands of the Association or management company during the time the bond is in force. In addition, the fidelity bond coverage must at least equal the sum of three (3) months' of regular assessments, plus all reserve funds. Section 15.4. Damage and Destruction. 15.4.1. Immediately after damage or destruction by fire or other casualty to all or any part of the Common Property covered by insurance written in the name of the Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed Properties. Repair or reconstruction, as used in this paragraph, means repairing or restoring the Properties to substantially the same condition in which they existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. 15.4.2. In the event of damage or casualty loss to the improvements, if any, erected on the Common Properties, which in the opinion of the Board of Directors, should not be repaired or reconstructed, the Board shall deliver written notice thereof to each Member stating (1) the amount of the insurance proceeds to be paid to the Association by the insurer as a result of the loss; (2) the estimated cost of repair or reconstruction; and (3) a request that each Member deliver a written response voting for or against repair or r.econstructionwithin 30 days after receiving the Board's notice. Such notice shall be sent to each Member within 60 days after the Board has received the settlement offer of the insurer and the estimated cost of repair or reconstruction from a qualified contractor. The Association shall make the repairs or reconstruct the improvements unless at least 75% of the Members of each class of membership vote not to do so. No Eligible Holder shall have the right to participate in the determination of whether the damage or d€struction to the Common Area shall be repaired or reconstructed; provided, however, this provision shall g:\legal\dccr\wgnrstn.dcr DRAFT 72497 . -52- not apply to construction Mortgagees, if any, providing construction financing for. such damaged Common Property. 15.4.3. In the event that it should be determined in the manner described above that the damage or destruction to the Cornmon Area shall not be repaired or reconstructed and no alternative improvements are authorized by the Members, then and in that event the affected portion of the Common Property shall be restored to its natural state and maintained by the Association in a neat and attractive condition. Section 15.5. Disbursement of Proceeds. If the damage or destruction for which the proceeds of insurance policies are paid is to be repaired or reconstructed, the proceeds, or suchportion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction. Any proceeds remaining after defraying such costs of repair or reconstruction to the Cornmon Property shall be retained by and for the benefit of the Association and placed in a capital improvements account. In the event no repair or reconstruction is made, any proceeds remaining after making such settlement as is necessary and appropriate with the affected Owner or Owners and their Eligible Holders as their interests may appear, shall be retained by and for the benefit of the Association and placed in a capital improvements account. This is a covenant for the benefit of any Eligible Holder of a Unit and may be enforced by such Mortgagee. Section 15.6. Repair and Reconstruction. If the damage or destruction to the Common Area for which insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a vote of the Members, levy a Special Assessment against all Owners on the same basis as provided for Annual Assessments. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. ARTICLE 16 GENERAL PROVISIONS Section 16.1. Duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by .the Association, the Declarant and any Owner, their respective legal representatives, heirs, successors, and assigns, for a period of thirty (30) yeC).rs from the date this Declaration is recorded. . Upon the expiration of said thirty (30) year period, this Declaration shall be automatically renewed and extended for successive ten (10) year g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -53- periods. The number of ten (10) year renewal periods hereunder shall be unlimited with this Declaration being automatically renewed and extended upon the expiration of each ten (10) year renewal period for an additional ten (10) year period; provided, however, that there shall be no renewal or extension of this Declaration if during the last year of the imtial thirty (30) year period, or during the last year of any subsequent ten (10) year renewal period, Voting Members representing three-fourths (3/4) of the votes of the Association vote in favor of terminating this Declaration at the end of its then current term. Termination of this Declaration is deemed to be an "Extraordinary Action" subject to the provisions of Section 16.2. Written notice of any meeting at which such proposal to terminate this Declaration is to be considered, setting forth the fact that such a proposal will be considered, shall be given at least sixty (60) days in advance of said meeting. In the event that the Association votes to terminate this Declaration, the President and Secretary of the Association shall execute certificate which shall set forth the resolution of termination adopted by the Association, the date bf the meeting of the Association at which such resolution was adopted, the date that notice of such meeting was given, the total number of votes of Members of the Association, the total number of votes required to constitute a quorum at a meeting of the Association, the total number of votes necessary to adopt a resolution terminating this Declaration, the total number of votes cast in favor of such resolution, and the total number of votes cast against such resolution. Said certificate shall be recorded in the Public Records of Seminole County, Florida, and may be relied upon for the correctness of the facts contained therein as they relate to the termination of this Declaration. Termination of the Association shall not have the effect of terminating easements herein provided or granted prior to such termination, or terminating contractual rights created prior to termination which from the context of the contract were meant to survive termination. Section 16.2. Material Amendments and Extraordinary Actions. The Association may amend this Declaration in regard to the matters identified herein as "Material Amendments", or may undertake the actions herein listed as "Extraordinary Actions" only in the following manner. 16.2.1. Material Amendments. The matters listed below are deemed to be material to this Declaration, and any proposed amendment concerni;ng such matters shall be deemed to be a "Material Amendment": g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -54- a. the manner of determining the basis for assessments or the administration of assessment liens; b. any method of imposing or determining any charges to be levied against individual Unit Owners; c. Cornman Area improvements; reserves for maintenance, repair or replacement of d. maintenance obligations; e. allocation of rights to use Cornman Areas; f. any scheme of regulation or enforcement of standards for maintenance, architectural design or appearance of improvements on Units; g. reduction of insurance requirements; h. restoration or repair of Cornman Area improvements; 1. the addition, annexation or withdrawal of land to or from the project; J. voting rights; k. restrictions affecting leasing or sale of a Unit; or 1. Mortgagees, or Eligible Holders. any provision which is for the express benefit of 16.2.2. Extraordinary Actions. The matters listed below are deemed to be extraordinary under this Declaration, and any proposed action concerning such matters shall be deemed to be an "Extraordinary Action": a. merging or consolidating the Association (other than with another non-profit entity formed for purposes similar to the Associ,ation); g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -55- . b. determining not to require professional management, if that management has been required by the Association documents, a majority of Eligible Holders or a majority vote of the Members; c. expanding the Association to include land not previously described as Undeveloped Parcel which increases the overall land area of the project or number of Units by more than 10%; d. abandoning, partitioning, encumbering, mortgaging, conveying, selling or otherwise transferring or relocating the boundaries of the Common Areas (except for (1) granting easements which are not inconsistent with, or which do not interfere with the intended Common Area use; (2) dedicating Cornmon Area as required by a public authority; (3) limited boundary line adjustments made in accordance with the provisions of this Declaration; or (4) transferring Common Area pursuant to a merger with a non-profit entity formed for purposes similar to the Association); e. using insurance proceeds for purposes other than reconstruction or repair of insured improvements; f. making capital expenditures (other than for repair or replacement of existing improvements) during any period of 12 consecutive months costing more than 20% of the annual operating budget for that period; g. termination of the Declaration or other termination of the planned unit development;or h. dissolution of the Association. 16.2.3. Notice Required for Material Amendment Dr Extraordinary Action. Written notice of any proposed Material Amendment or Extraordinary Action shall be delivered to each Member at least 30 days in advance of (1) any meeting at which such matter is to be discussed or (2) any action which is to be taken by written approval of the Members in lieu of 'a meeting. The notice shall state the purpose of the meeting or proposed written approval and shall contain a summary of any Material Amendment or Extraordinary Action to be considered. The notice shall also contain a copy of a proxy that can be cast in lieu of attendance at the meeting. If the Association has, ,or is planned to have, 250 Members or less - the quorum for any such meeting shall be no less than 20% of the total number of votes. If the Association has, or is planned to have, more than 250 g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -56- Members but less than 1000 Members - the quorum for any such meeting shall be no less than 10% of the total number of votes. If the Association has, or is planned to have, more than 1000 Members - the quorum for any such meeting shall be no less than 5% of the total number of votes. The foregoing requirements are minimum requirements, however, more stringent requirements imposed elsewhere in this Declaration, or pursuant to applicable laws or regulations shall. supersede the requirements contained in this Section and the Association shall be bound by such more restrictive requirements as if fully reproduced herein. 16.2.4. Approval Required for Material Amendment or Extraordinary Action. Material Amendments and Extraordinary Actions may be approved by the Members, after receipt of notice as set forth above, either (1) by the affirmative vote of at least 67% of the Class A Members (i.e. all Members except the Declarant and any Builder who retain Class B or Class C status) who are present, in person or by proxy, and voting at the meeting called as described in the notice at which a quorum is present, and the vote of the Declarant, or (2) by the written consent of at least 67% of all Class A Members and the Declarant (if the Declarant then retains Class B status) to any action taken in lieu of a meeting. 16.2.5. Additional Approval Requirements. In addition to the approval of the Members and the Declarant set forth above, the following conditions shall apply: a. Any Material Amendment or Extraordinary Action that changes the rights of any specific class of Members (i.e. Class A; Class B; or Class C) must also be approved either (1) by the affirmative vote of at least 51 % of the Members of such Class who are present, in person or by proxy, and voting at a meeting called as described in the required notice at which a quorum of such Class of Members is present, or (2) by the written consent of at least 51 % of all Members of such Class to any action taken in lieu of a meeting. b. Any Material Amendment or Extraordinary Action proposed during the period in which the Declarant retains its Class B status must also be approved by the Federal Housing Administration ("FHA"), and the Department of Veterans Affairs ("V A") if any Unit within the Properties has been financed by a mortgage insured by FHA or guaranteed by V A. The Association shall deliver writ,ten notice of the proposed Material Amendment or Extraordinary Action to the FHA and V A simultaneously with its notice to the Members. If the FHA or V A fails to deliver written g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -57- notice to the Association of its objection to the proposed Material Amendment or Extraordinary Action within 30 days after receipt of the notice, FHA and V A will be deemed to have approved the matters contained in the notice, and the Association shall be entitled to record an affidavit signed by an authorized officer averring that written notice was delivered to the FHA and V A and no objection was timely received from such agencies. 16.2.6. N otke of Material Amendment or Extraordinary Action. Upon approval of a Material Amendment or Extraordinary Action, the Association shall record appropriate written notice thereof in the Public Records of Seminole County, Florida, and take all such further action as may be prudent or necessary to implement and carry out the Material Amendment or Extraordinary Action. Section 16.3. Non-Material Amendments. . The Association may amend this Declaration in regard to all matters, except those identified in Section 16.2 as "Material Amendments", in the following manner. 16.3.1. Amendments by Members - Notice Required for Non- Material Amendment. Written notice of any Non-Material Amendment proposed by the Board of Directors of the Association shall be delivered to each Member at least 30 days in advance of (1) any meeting at which such matter is to be discussed or (2) any action which is to be taken by written approval of the Members in lieu of a meeting. The notice shall state the purpose of the meeting or proposed written approval and shall contain a summary of any Non-Material Amendment to be considered. The notice shall also contain a copy of a proxy that can be cast in lieu of attendance at the meeting. If the Neighborhood. Association has, or is planned to have, 250 Members or less - the quorum for any such meeting shall be no less than 20% of the total number of votes. If the Association has, or is planned to have, more than 250 Members but less than 1000 Members - the quorum for any such meeting shall be np less than 10% of the total number of votes. If the Association has, or is planned to have, more than 1000 Members -. the quorum for any such meeting shall be no less than 5% of the total number of votes. The foregoing requirements are minimum requirements, however, more stringent requirements imposed elsewhere in this Declaration, or pursuant to applicable laws or regulations shall supersede the requirements contained in this Section and the Association shall be hound by such more restrictive requirements as if fully reproduced herein. 16.3.2. Approval Required for Non-Material .Amendment by Members. Non-Material Amendments proposed by the Board of Directors pursuant to g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -58- " Subsection 16.3.1 may be approved by the Members, after receipt of notice as set forth above, either (1) by the affirmative vote of at least 51 % of the Class A Members (i.e. all Members except the Declarant and any Builder who retain Class B or Class C status) who are present, in person or by proxy, and voting at the meeting called as described in the notice at which a quorum is present, and the vote of the Declarant, or (2) by the written consent of at least 51 % of all Class A Members and the Declarant (if the Declarant then retains Class B status) to any action taken in lieu of a meeting. 16.3.3. Amendments by Declarant Without Consent by Members. During the period in which the Declarant retains the status of the Class "B" Member, Declarant shall have the right to amend this Declaration, without the necessity of consent or joinder by Owners or any other persons or entities, to make nonsubstantial changes that do not materially or adversely affect the interests of other Owners or other affected parties, and to clarify any ambiguities or conflicts, or correct any scriveners' errors in this Declaration. No approval by the Association or by any Member shall be required for Declarant to amend this Declaration pursuant to this Subsection 16.3.3. 16.3.4. Notice of Non-Material Amendment. Upon approval of a Non-Material Amendment by the Members pursuant to Subsection 16.3.2, or delivery of notice of amendment by Declarant pursuant to Subsection 16.3.3, the Association shall record appropriate written notice thereof in the Public Records of Seminole County, Florida, and take all such further action as may be prudent or necessary to implement and carry out the Non-Material Amendment. Section 16.4. Assignment of Rights and Duties. Any and all of the rights, powers and reservations of the Association and Declarant may be assigned to any person, corporation or association which will assume the duties of the Association or Declarant pertaining to the particular rights, powers and reservations assigned. Upon such assignee evidencing its consent in writing to accept such assignment and assume such duties, he or it shall to the extent of such assignment have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the Association or Declarant. Further, the Association or Declarant may from time to time delegate any and all of its rights, powers, discretion and duties hereunder to such agent or agents as it may nominate. Section 16.5. Municipal Service Taxing Units. In order to perform the services ( contemplated by this Declaration, the Association or Declarant, in conjunction with Seminole County, Florida, may seek the formation of special purpose municipal service g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -59- . taxing units (IMSTUs"). The MSTUs will have responsibilities defined in their enabling resolutions which may include, but are not limited to, maintaining roadway informational signs, traffic control signs, benches, trash receptacles and other street furniture, keeping all public roadways and roadside pedestrian easements clean of windblown trash and debris, mowing, payment of electrical charges, maintenance of drainage canals, ponds and structures, maintenance of designated landscape areas, payment of energy charges for street and pedestrian lighting, and other services benefiting the Properties. In the event such MSTUs are formed, the Properties will be subject to assessment for the cost of services performed within the MSTU and personnel working for or under contract with Seminole County shall have the right to enter upon lands within the Properties to affect the services contemplated. Each Owner by acquiring lands within the Properties agrees to pay each and every MSTU assessment imposed upon the Owner1s land in a timely manner, failing which such assessments and special charges shall be a lien upon those lands. The Association retains the right to contract with Seminole County to provide the services funded by the MSTUs. Services performed by an MSTU that would otherwise be performed by the Association and for which the MSTU imposes assessments on the Owners shall be removed from the Association's budget and the Board shall reduce the Annual Maintenance Assessment accordingly. Section 16.6. Enforcement. Enforcement of these covenants, conditions and restrictions shall be by any proceeding at law or in equity and may be instituted by Declarant, its successors or assigns, the Association, its successors or assigns, or any Owner against any person or persons violating or attempting to violate or circumvent any covenant, condition or restriction, either to restrain violation or to recover damages, and to enforce any lien created by these covenants; and failure by the Association or any Owner or Declarant to enforce any covenant, condition or restriction herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter. Further, the Association shall have the right of self help to cure any violations that remain uncured after any required notice is given. If the Association elects to commence enforcement proceedings after delivery of notice thereof to any Owner in violation hereof, and incurs any expenses in the commencement of such proceedings, the Association shall prosecute such enforcement proceedings to conclusion notwithstanding subsequent voluntary compliance by the Owner until the Association shall have recovered i~s expenses from such Owner. Section 16.7. Severability. Should any covenant, condition or restriction herein contained, or any Article, Section, subsection, sentence, clause, phrase( or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -60- adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no way affect the other provisions hereof which are hereby-declared to be severable and which shall remain in full force and effect. Section 16.8. Interpretation. The Board shall have the right except as limited by any other provisions of this Declaration or the Bylaws to determine all questions arising in connection with this Declaration and to construe and interpret its provisions, and its good faith, determination, construction or interpretation shall be final and binding. In all cases, the provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the maintenance of Common Areas and the facilities located thereon. Section 16.9. Disposition of Common Property on Termination of Declaration. Should the Members of the Association vote not to renew and extend this Declaration as provided for herein, all Common Property owned by the Association at such time shall be transferred to another association or appropriate public agency having similar purposes. If no other association or agency will accept such property then it will be conveyed to a Trustee appointed by the Circuit Court of Seminole County, Florida, which Trustee shall sell the Common Property free and clear of the limitations imposed hereby upon terms established by the Circuit Court of Seminole County, Florida. That portion of the Open Space or Common Property consisting of the Surface Water and Storm Water Management System cannot be altered, changed or sold separate from the lands it serves except that Declarant shall be obligated to and shall convey that portion of the Open Space consisting of the Surface Water and Storm Water Management System to the Associationupon completion and approval of such system by all applicable governmental authorities. The proceeds of such a sale shall first be used for the payment of any debts or obligations constituting a lien on the Common Property, then for the payment of any obligations incurred by the Trustee in the operation, maintenance, repair and upkeep of the Common Property. The excess of proceeds, if any, from Common Property shall be distributed among Owners in a proportion which is equal to the proportionate share of such Owners in Common Expenses. Section 16.10. Execution of Documents. The approved plan for the development of the Properties may require from time to time the execution of certain documents required by governmental authorities. To the extent that said documents require the joinder of Owners, Declarant by its duly authorized officers may, as the agent or the attorney-in-fact for the Owners, execute, acknowledge and deliver such documents and the Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -61- ". appoint Declarant, through its duly authorized officers, as their proper and legal attorneys- in-fact for such purpose. Said appointment is coupled with an interest and is therefore irrevocable. Any such documents executed pursuant to this Section shall recite that it is made pursuant to this Section. Section 16.11. Indemnification. The Association shall indemnify every officer, director, and committee member against any and all expenses, including counsel fees,. reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board) to which he or she may be a party by reason of being or having been an officer, director, or committee member. The officers, directors, and cornmittee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other cornmitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification prov~ded for herein shall not be exclusive of any other rights to which any officer, director, or committee member, or former officer, director, or committee member may be entitled. The Association shall, as a Cornmon Expense, maintain adequate general liability and officers' and directors1 liability insurance to fund this obligation, if such insurance is reasonably available. Section 16.12. Prohibited Actions. Notwithstanding anything contained herein to the contrary, the Association will perform no act nor undertake any activity which will violate its non-profit status under applicable state or federal law. Section 16.13. Singular. Plural and Gender. Whenever the context so permits, the use of the singular shall include the plural and the plural shall include the singular, and the use of any gender shall be deemed to include all genders. . Section 16.14. Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of cre.ating a uniform plan for the operation of the Property. g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -62- .' ~. Section 16.15. Conflicts. In the event of conflict between the terms of this Declaration and any Bylaws, rules, regulations or Articles of Incorporation of the Association, this Declaration shall control. Section 16.16. Partial Invalidity. The invalidation of anyone of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. g:\legal\dccr\wgnrstn.dcr DRAFT 72497 -63- ~ IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf as of this _ day of ,19_. WITNESS DECLARANT CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation, its managing general partner By: Gregory L. LePera, Division President STATE OF FLORIDA ~ ~ COUNTY OF ORANGE ~ The foregoing instrument was. acknowledged before me this day of , 19 ~ by Gregory L. LePera, Division President of Centex Real Estate Corporation, a Nevada corporation, managing general partner of Centex Homes, a Nevada general partnership, who is personally known to me or who produced a valid Florida driver's license as identification, and did not take an oath. Notary Public, State of Florida Notary's Name Printed: My Cornmission Expires: g:\Iegal\dccr\wgnrstn.dcr DRAFT 72497 -64- .' ~ EXHIBIT "N' [LEGAL DESCRIPTION] EXHIBIT" B" [Articles of Incorporation] Exhibit lie" [BYLA WSl