HomeMy WebLinkAbout1998 06 22 Consent Item C
COMMISSION AGENDA
Il~EM C
Consent xx
Information
Public Hearine;
Regula r
June 22. 1998
Meeting
MGR.J(Cv---'1 ~
REQUEST: Community Development Department, Land Development Division requesting
Commission approval for the recordation of the plat and covenants for Stone
Gable Subdivision.
PURPOSE: The purpose of this Agenda Item is to request that the Commission approve the
recordation of the plat and covenants for Stone Gable Subdivision. This
subdivision is located on the south side of SR 434 and to the west of Winding
HoI:,ow Boulevard,
APPLICABLE CODE:
Sec. 9-74. Action on final development plan; expiration of approval.
(a) lIthe developer elects to request approval of a final development plan
separately and prior to approval to record the plat of that development, the city
commission may approve such final development plan if the plan is in substantial
conformity with the approved preliminary plan or a subsequently approved
modification to the preliminary plan.....
Sec. 9-75. Final plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan, and
shall be submitted to the city planner as follows:
(1 ) The final plat shall include one (1) linen original. If more than one (1 )
sheet is required, a suitable index map showing the entire development with
index for the various sheets shall be shown on the first sheet.
June 22, 1998
CONSENT AGENDA ITEM C
Page 2
(2) The final plat shall show streets, lots, blocks and easements indicating
the centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and
preparation of plats. Special consideration shall be given to the relationship
of the proposed plat to existing abutting plats to prevent unintended
overlap or omission of lands.
(4) Mortgage holders shall execute before two (2) witnesses and a notary
public the following certification on plats: "The mortgagee(s) consents and
agrees to the platting oflands embraced in this plat and to the dedication(s)
shown herein; and further, should it become necessary to foreclose the
mortgage covering the property, that all pieces and parcels dedicated to the
public will be excluded from the suit and the dedication shall remain in full
force and effect."
(5) A dedication to the public by the owners of all roads, streets, alleys,
easements and other rights-of-way, however designated, shown on the plan
for perpetual use for all public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certifY the following:
(1) That the parties executing the plats are owners of the land included
therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct
(d) An appropriate bond submitted in accordance with bonding procedures set
forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
June 22, 1998
CONSENT AGENDA ITEM C
Page 3
Sec. 9-76. Bonding procedures.
(a) Surety-performance bond When requesting to record a plat for property with
stre,~ts to be dedicated to the public in which all improvements have not been
installed, the developer shall provide a corporate or surety completion bond
including a payment of vendors' clause executed by a company authorized to do
business in the state and acceptable to the city, payable to the city in the penal sum
of the amount of the engineer's estimate or alternative bid estimates for the
incompleted portion of the work to be done to provide the streets, drainage
facil.ities, sidewalks and other improvements as shown on the final development
plan.. As an alternative to the provision of a corporate or surety bond, the
subdivider may provide the deposit of equivalent cash in an escrow account with
the city, or a letter of credit drawn on an approved institution, drawn in a for
app:roved by the city attorney.
See" 9-77. Approval of final plat.
The city commission may approve the final plat, considering any applicable agency
reports, if the plan is in substantial conformity with the approved preliminary plans
and if it complies with regulations established by this chapter. Action by the city
commission may be taken expeditiously, but not to exceed thirty (30) days after
receipt of the final plat and supporting data by the city unless delay is requested by
or caused by the applicant. If the commission certifies that the development has
met all requirements hereof, the plat shall be endorsed as finally approved by the
mayor and attested by the city clerk in order that the same may be recorded among
the public records of the county.
See" 9-78. Recording/distribution of the final plat.
Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plat and deed
restrictions, if any, are delivered to the appropriate authority for recording. The
devdoper shall submit to the city the recording fee as specified in the current fee
schedule.
FINDINGS: (1) Final Engineering for this project was approved by the City Commission on
August 25, 1997.
June 22, 1998
CONSENT AGENDA ITEM C
Page 4
(2) The Reserve Clause desired by the Commission is found in Article V, Section
1(3} on Page 12 of the Covenants.
(3) The City Engineer has approved the construction cost to complete the project
as $49,096.60 which is the amount that the performance Letter of Credit is to be.
The developer has tended a Performance Letter of Credit in the amount of
$49,096.60.
(4) lR.ecordation of the plat and covenants does not constitute acceptance of the
imp:rovements within the subdivision. This action will allow building permits to be
issued, but certificates of occupancy cannot be issued. Final acceptance of
imp:rovements will require a separate Commission action.
CONCLUSION:
Thi~; plat and covenants, as submitted, satisfy all applicable laws and regulations.
RECOMMENDA TION:
It is recommended that the Commission approve the recordation of the plat and
covlenants in the Public Records of Seminole County.
ATTACHMENTS:
June 3, 1998 - City Engineer Memo to Land Development Coordinator
June 9, 1998 - Land Development Coordinator Memo to City Attorney
(without attachments)
- Covenants (Reserve Clause in Article V, Section 1(3) on Page 12)
- Title Opinion and Update
- Letter of Credit
- Plat
COMMISSION ACTION:
June 22, 1998
CONSENT AGENDA ITEM C
Page 5
NOTE: It is requested that the plats be returned to the Land Development Coordinator
once the meeting is over. These are used to distribute the addresses assigned to
the subdivision to the concerned agencies.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 3Z708-2799
Telephone (407) 327.1800
June 3, 1998
TO: Land Development Coordinator,
Donald LeBlanc
FROM: City Engineer, /Y0 ~/
Mark ~Tenkins, P.E. tf<-
SUBJECT: Stone Gable - Balance of Construction Costs Estimate for
Performance Bond to Record the Plat.
The engineer's estimate of
stated in his letter of April
tabulation of site" work with
included with his letter.
cost to complete the project
24, 1998, and is $49,096.60.
costs and percent complete
was
A
was
I accept this estimate of the cost to complete the project and
I recommend that 100 percent of this cost be used for the
Performance Bond to record the plat for this subdivision.
Please note, the last plat that
Engineering Division, was received October
been revisions to that version of the plat,
for review yet. Please advise.
was reviewed by the
6, 1997. If there have
we have not received it
cc: /'Community Development Director
June 9, 1998
To: Bob Guthrie, Ciity Attorney
Thru: Ron McLemore, City Manager
Thru:
Charles Carrington, Community Development Director
Don LeBlanc, Land Development coordinatof!/iJ
From:
Re:
Proposed Plat and Covenants to be Recorded
Stone Gable Subdivision
Attached for your legal review are the below listed documents for Stone Gable Subdivision:
1) Plat - all app,ears to be in compliance.
2) Title Opinion (dated October 17, 1997 and updated April 23, 1998) - all appears to
be in compliance. The taxes for 1997 have been paid.
3) Covenants - all appear to be in compliance. The Reserve Clause desired by the
Commission is D)und in Article V, Section 1(3) on Page 12.
4) Performance Letter of Credit (LaC) #T526624 issued by Barnett Bank in the amount
of $49,096.60. The expiration date is May 15, 1999, but the LaC is automatically
renewed for a period of 12 months unless the City is notified 60 days prior to the
expiration date.
5) City Engineer Memo dated June 3, 1998 affirming the LaC amount of $49,096.60.
It is anticipated that this will be a Commission Agenda Item on June 22, 1998.
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Prepared by:
Cambridge Development, Ltd.
242 N. Westmonte Drive
Altamonte Sprinsrs, FL 32714
DEC:LARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR STONE GABLE
SEMINOLE COUNTy, FLORIDA
THIS DECLARATION
RESTRICTIONS FOR STONE GABLE ,
inafter ref:ztt to as the "
into this _~ day of
Development, tc~, a Florida Ii it
mailing address is 242 N. Westmo
Florida 32714 (t.ereinafter referred
OF COVENANTS, CONDITIONS AND
SEMINOLE COUNTY, FLORIDA (here-
aration" ), is made and entered
, 1997, by Cambridge
partnership, whose principal
e Drive, Altamonte Springs,
to as "Declarant").
N .1 T N g .s. .s. g T H:
WHEREA.8, Declarant is the sole record owner in fee
simple of certain real property (hereinafter referred to as the
"Property") loca.ted in the City of Winter Springs, Florida, which
is more particularly described on Exhibit "A" attached hereto and
by this reference incorporated herein (hereinafter referred to as
the "Property"); and
WHEREA.S, the Declarant desires to provide for the
preservation of the values and amenities within the Property and
for the maintenance of the open spaces, buffer areas, entry
features and other common facilities, and to this end desires to
subject the Property to the covenants, restrictions, easements,
charges and liens hereinafter set forth, each and all of which is
and are for the benefit of the Property and each subsequent Owner
of all or part thereof; and
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4. I
WHERE1\S, it is the intention of the Declarant to
develop the Property and build residential housing units thereon
and/or convey to builders fully develope~ Lots, as hereinafter
defined, which builders shall construct varying improvements on
said Lots or, a.l ternati vely, to independently construct varying
improvements on said Lots; and
WHERE~lS, the Declarant has deemed it desirable, for the
efficient preservation of the values and amenities within the
Property to create a homeowners I association to which shall be
delegated and assigned the powers of maintaining and
administering certain designated Common Areas (as hereinafter
defined) and other facilities within the Property, which areas,
where applicablE~, shall be specifically designated on the plat or
plats of the Property i administering and enforcing this
Declaration; and collecting and disbursing the assessments and
charges hereinafter created; and
WHEREAS, Declarant shall incorporate under the laws of
the State of Florida, a non-profit corporation to be known as the
STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. (hereinafter
referred to as the "Association"), for the purpose of exercising
the functions aforesaid.
NOW, THEREFORE, the Declarant declares that all
Property shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and
desirability of., and which shall run with the Property and be
binding on all parties having any right, title or interest in the
Property or any part thereof, their heirs, successors and
assigns, and sha.ll inure to the benefit of each Owner thereof.
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ARTICLE I
DEFINITIONS
Section 1. The following words and terms when used in
this Declaration (unless contents hereof clearly indicate to the
contrary) shall have the following meanings:
Section 1.1 Reserved.
Section 1.2 "Architectural Review Committee" or
"ARC" shall mean an architectural review committee appointed in
accordance with Article VI hereof, whose duties shall be as set
forth in Article VI hereof. .
Section 1.3. "Articles of Incorporation" shall
mean the articles of incorporation of the Stone Gable Property
Owners Association, Inc. During such time as there exists
Class B Membership, the Articles of Incorporation may not be
amended without the prior written approval of the FHA and VA.
Section 1.4. "Association" shall mean and refer
to STONE GABLE PROPERTY OWNERS ASSOCIATION, INC., a Florida
corporation not for profit, its successors and assigns.
Section 1.5.
board of directors of
Association, Inc.
"Board of Directors" shall mean the
the Stone Gable Property Owners
Section 1.6. "Builder" shall mean and refer to
the purchasers of developed Lots from Declarant for the purpose
of constructing Dwelling Units thereon for the sale to third
parties in the normal course of business.
Section 1.7. "Bylaws" shall mean the bylaws of
the Stone Gable Property Owners Association, Inc.
Section 1.8. Reserved.
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Section 1.9. "Conspicuous" shall mean when it is
so written that a reasonable person ought to have noticed it. A
printed heading in capitals (as: EASEMENTS RESERVED TO...) is
conspicuous. Language in the body of a contract is conspicuous
if it is in lars,er or other contrasting type or color.
Section 1.10. "County" shall mean Seminole
County, a political subdivision of the State of Florida. "City"
shall mean the City of Winter Springs, Florida.
Section 1.11. "Declarant" shall mean Cambridge
Development Ltd., a Florida limited partnership, and its express
successors and assigns, designated as set forth in Article X,
Section 7 hereof. All rights, powers and privileges granted to
the Declarant by this Declaration or by the Articles of
Incorporation and Bylaws of the Association shall be exercised by
the Declarant in such manner as it may determine.
Section 1.12. "Dwelling Unit" shall mean and
refer to any building or portion thereof constructed on a Lot and
intended for use and occupancy as a Rental Unit, or as a
residence by a single family susceptible to ownership in fee
simple as to which Dwelling Unit a certificate of occupancy has
been issued by the applicable governmental authorities.
Section 1.13. "Common Area" shall mean all real
property, including the improvements thereon, owned or which may
subsequently be owned by the Association for the common use and
enjoyment of the Members of the Association, whether acquired by
purchase or conveyance from the Declarant, its successors or
assigns, by dedication on a plat or plats of the Property, or
otherwise. All Common Area shall be acquired by or conveyed to
the Association free and clear of all liens by warranty or
special warranty deed. The Common Area shall be identified by
tract on the plat or plats of the Property, and shall be subject
to the dedicati.ons set forth on each plat. The term "Common
Area" shall also include: (i) the screening wall easement area,
and (ii) any property or other areas for which the Association is
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required to maintain. All Common Area is to be maintained by the
Association and devoted to and intended for the common use and
enjoyment of the Members of the Asso~iation, their families,
invitees, guests, and persons occupying Dwelling Units on a guest
or tenant basis, to the extent designated on recorded plats or
authorized by the Board of Directors of the Association.
Section 1.14. IICommon Facilitiesll shall mean such
improvements placed and/or constructed on the Common Area which
are owned by t::1e Association for the use and benefit of the
Members.
Section 1.15. II Lot II shall mean and refer to any
plot or parcel of land shown upon a recorded subdivision plat of
all or a portion of the Property which Lot is intended to have a
Dwelling Unit constructed thereon; provided, however, that there
shall be excluded from the definition of Lot, the Common Area,
Dedicated Areas, streets, and all lands owned by the Master
Association (as hereinafter defined) or the Association.
Section 1.16. II Member II shall mean and refer to
any Owner who is a member of the Association.
Section 1.17. II Owner II shall mean and refer to the
record owner, whether one or more persons or entities, of a fee
simple title to any Lot, which is a part of the Property,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 1.18. "Property" shall mean and refer to
the real property described in Exhibit "A" attached hereto and
any Additional Land which Declarant may from time to time subject
to the terms and conditions of this Declaration in accordance
with the terms hereof.
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Section 1.19. II Surface Water or Stormwater
Management Systemll means a system which is designed and
constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to
collect, convey, store, absorb, inhibit, treat, use or re -use
water to prevent or reduce flooding, over-drainage, environmental
degradation, and water pollution or otherwise affect the quantity
and quality of discharges.
ARTICLE II
RESERVED
ARTICLE III
EASEMENTS RESERVED TO
DE:CLARANT AND OTHERS; PROPERTY RIGHTS
Section 1. Easements for Construction and Sales.
There is reserved to the Declarant, and granted to the Builders,
and their respective designees, successors and assigns
(including, without limitation, their agents, sales agents, and
representatives, and prospective purchasers of Lots), non-
exclusive easements over the Common Area, for construction,
utility lines, display, maintenance and exhibit purposes in
connection with the erection of improvements and sale of Lots and
Dwelling Units ~lithin the Property and for ingress and egress to
and from construction sites at reasonable times; provided,
however, that such use shall terminate upon the later of (i) the
sale of all Lots by the Declarant or (ii) the sale of all
Dwelling Units by the Builders and their express successors and
assigns; and provided, further, that no such use by the Declarant
and/or the Builders and others shall otherwise restrict the
Owners in the reasonable use and enjoyment of the Common Area.
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Section 2. Easements Over Common Areas. To the extent
that easements over, upon or under the Common Area are necessary
so as to provide utility services to the Property, the
Association and each Owner, and his heirs, successors and
assigns, do hereby designate and appoint the Declarant as agent
and attorney-of -fact, which is coupled with an interest, with
full power in his name, place and stead, to execute instruments
creating such easements; provided, however, that such easements
shall not unreasonably interfere with the use by the Owners of
the Common Area. For this purpose, the Declarant shall have the
right to grant easements in perpetuity over, under and across all
Common Areas shown on any recorded subdivision plats of all or
portions of the Property, together with the right to grant
easements to others and such easements shall include, but shall
not be limited to, the right to use the said Common Area to
erect, cables, conduits, sewers, water mains and other suitable
equipment for the conveyance and use of electricity, telephone
equipment, gas, sewer, cable television, water or other public
convenience or utilities and drainage and the right to trim any
trees or remove any trees only after obtaining an approved Arbor
Permit from th= City of Winter Springs, cut any bushes or
shrubbery, make any gradings of the soil, or take any similar
action reasonably necessary to provide economical and safe public
convenience or utility installation or to provide for drainage
and to maintain reasonable standards of health, safety and
appearance. The rights granted to the Declarant pursuant to this
section shall t,erminate upon the later of (i) the sale of all
Lots by the Declarant, or (ii) the sale of all Dwelling Units by
the Builders and their express successors and assigns.
Section 3. Easements Over Lots. For so long as
Declarant is the: owner of any Lot, the Declarant hereby reserves
unto itself the right to grant easements to itself or any other
entity over each such Lot owned for purposes of ingress and
egress, drainage, utility, gas, telephone, cable TV and
electrical services. With respect to easements thus granted, the
Declarant shall have and does hereby retain and reserve the right
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to release the Lot from the encumbrance of such easementsi
provided, however, that Declarant shall not have the power to
release any portion of a utility easement on a Lot without the
consent of the utilities served thereby nor without the consent
of the City of Winter Springs. Should an easement be platted,
City of Winter Eipring ordinance is required to vacate the same.
Section 4. Easements as Shown on Plat. Easements for
access, installation and maintenance of utilities, drainage
facilities, screening walls and landscape buffer areas are
reserved to the! Association as shown on the recorded plat or
plats of the Property. Within such easements, no structure,
planting or other material shall be placed or permitted to remain
which may damage or interfere with the installation and
maintenance of drainage channels in such easements, or which may
obstruct or retard the flow of water through the drainage
channels or which may be inconsistent with such plans for
sidewalks, landscape buffer areas and screening walls as may now
or hereafter be approved by the City. The platted easement areas
of each Lot, any drainage swales on a Lot and all improvements
therein shall be maintained continuously by Owner of such Lot.
Section 5. Access and Drainaqe Easements. The
Association shall have a perpetual non-exclusive easement over
all areas of the surface water or stormwater management system
for access to operate, maintain or repair the system. By this
easement, the Association shall have the right to enter upon any
portion of any lot whic is a part of the surface water or
stormwater management system, at a reasonable time and in a
reasonable manner. to operate, maintain or repair the surface
water or stormwa.ter management system as require by the St. Johns
Water Management District permit. Additionally, the Association
shall have a perpetual non-exclusive easement for drainage over
the entire surface water or stormwater management system. No
person shall alter the drainage flow of the surface water or
stormwater management system, including buffer areas or swales,
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without the prior written approval of the St. Johns Water
Management District.
Section 6. Screeninq Wall Easement. There is hereby
reserved and granted to Declarant, Builders and the Association
and their respective agents, employees, successors and assigns
the right and privilege to construct, improve, repair, replace
and maintain a screening wall over, upon and across that portion
of the Property indicated on the plat thereof as the IIWall
Easement II (hereinafter, lithe Screening Wall Easement Area")
The Declarant, Builders and the Association and their
respective successors, agents, employees and assigns further
reserve and are hereby granted an easement along the perimeter of
the Lots contiguous to the Screening Wall Easement Area for the
purpose of ingress and egress to and from the Screening Wall
Easement Area, provided that such easement shall not restrict any
Owner in the reasonable use and enjoyment of his Lot.
Section 7. Owner I s Easement of Enlovrnent for Common
Area. Every Owner shall have a nonexclusive right and easement
of enjoyment in and to the Common Area which shall be appurtenant
to and shall pass with the title to every Lot, subj ect to the
following provisions:
(a) Every Owner shall have a right to use
any of the Common Facilities owned by the Association for the
purposes for which such Common Facilities are reasonable
intended;
(b) The right of the Association to dedicate
or transfer, but only with acceptance from the dedicatee, all or
any part of the Common Area to any public agency, authority, or
utility for such purposes and subject to such conditions as may
be agreed to by the members of the Association. No such
dedication or transfer shall be effective unless an instrument
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agreeing to such dedication or transfer is approved by a two-
thirds (2/3) vote of each class of the Members as well as by the
dedicatee.
Secticn 8. Declaration of Use of Common Area. Any
Owner may delegate, in accordance with the Bylaws, his right or
enjoyment to the Common Area and facilities to the members of his
family, his te:r:.ants or contract purchasers who reside on the
Property whether on a permanent or transient basis.
Section 9. Establishment of Easements. All easements
as provided for in this Article, shall be established by one or
more of the following methods, to wit:
(a) By a specific designation of an easement
on the recorded plat of all or a portion of the Property;
(b) By a reservation or specific statement
providing for a~ easement in the deed of conveyance of given Lot
or Dwelling Unit, or other portion of the Property;
(c) By a separate instrument referencing
this Article III; or
(i) By virtue of the reservation of
rights set forth in this Article.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is
subject to assessment shall be a Member of the Association, and
agrees to be bound by the terms and conditions stated herein
regarding said Association, including the payment of annual
Assessments of the Association; provided that any such person or
entity who hold such interest merely as security for the perfor-
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mance of an obligation shall not be a Member. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
Section 2. Votinq Riqhts. The Association shall have
two (2) classes of voting Membership:
,rlass A. Class A Members shall be all Owners,
with the exception of the Declarant and the Builders, and shall
be entitled to one (1) vote for each Lot owned. When more than
one person holds an interest in any Lot, all such persons shall
be Members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than (1) vote be cast with
respect to any Lot.
rlass g. The Class B Members shall be the
Declarant and the Builders and they shall be entitled to three
(3) votes for each Lot owned by them. The Class B Membership
shall cease and be converted to Class A Membership on the
happening of ei.ther of the following events, whichever occurs
earlier:
(a) When the total votes outstanding in the
Class A Membership equals the total votes outstanding in the
Class B Memberst.ip i or
(b) On January 1, 2007.
From and after the happening of these events, whichever
occurs earlier, the Class B Members shall be deemed Class A
Members entitled to one (1) vote for each Lot in which they hold
the interest rec~ired for Membership under Article IV, Section 1
hereof.
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal
Obliqation of Assessments. Each Owner of any Lot by acceptance
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of a deed therefore, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the
Association: (1) Annual Assessments or charges, and (2) Special
Assessments for capital improvements (as defined in Section 4
below), such assessments to be established and collected as
hereinafter provided and (3) Reserve Assessments which will be
ten percent (10~) of the Annual Assessments collected deposited
into an interest bearing savings account. The funds in this
Reserve account can not be used for purposes other than to be
turned over to the Association at such time as Class B Membership
no longer exist. The annual and special assessments, together
with interest, costs and reasonable attorneys I fees incurred in
enforcing or collecting any assessment, shall be a charge on the
land and shall be a continuing lien upon the property against
which each such assessment is made; provided, however, no such
assessment shall be a lien on the land until such lien is
recorded in the Public Records of Orange County, Florida. Each
such assessment, together with interest, costs and reasonable
attorneys I fees, shall also be the joint and several personal
obligation of the person(s) who was the Owner of such property at
the time when assessment fell due. Their personal obligation for
delinquent asse!:isments shall not pass to his successors in title
unless expressly assumed by them.
Section 2. Purpose of
levied by the Association shall
following purposes:
Assessments. The assessments
be used exclusively for the
(a) To promote the recreation,
safety and welfare of the residents in the Property.
health,
(b) For the improvement, maintenance and
operation of the Common Area, including, but not limited to,
entry features, open spaces, buffer areas, walls and landscaping
(including irrig'ation thereof) ;
(c) For
expenses of the Association;
the
payment
of
the
operating
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(d)
labor and equipment;
For the payment of taxes, insurance,
(e) For the maintenance, repair or
restoration of a Lot and the exterior of the buildings and any
other improvements erected thereon, but only to the extent
provided for in Section 6(b) of Article V hereof;
(f) For the repayment of funds and interest
thereon that have been or may be borrowed by the Association for
any of the purposes set forth herein;
(g) To establish and fund reserve accounts
which the Association may choose to establish with respect to the
maintenance, operation and improvement of the Common Areas,
Common Faciliti,:s and all improvements and equipment located on
the Common Property;
(h) For the maintenance and repair of the
surface water or stormwater management systems, including but not
limited to, wor~ within retention areas, drainage structures and
drainage easements.
(i) Doing any other things necessary or
desirable In the judgment of the Association to keep the
community neat and attractive or to preserve or enhance the value
of the Property, or to eliminate fire, health or safety hazards.
Section 3. Maximum Annual Assessment. Until
January 1st of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment by the
Association shall be $ .:s.5D~ per Lot, payable in equal semi-
annual installml:nts, plus a one-time initial fee of $100.00 due
at the time the house transferred to the name of the permanent
owner.
(a) From and after January 1st of the year
immediately following the conveyance of the first Lot to an
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Owner, the maxi.mum annual assessment may be increased by five
percent (5%) above the maximum assessment for the previous year
without a vote of the membership.
(b) From and after January 1st of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased above five
percent (5%) of the maximum assessment for the previous year by a
vote of two-thirds (2/3) of each class of Members who are voting
in person or by proxy, at a meeting duly called for this purpose.
(c) The Board
option, levy the annual assessment
in excess of the maximum annual
annual assessment in the amount of
of Directors may, at
at an amount less than but
assessment, or may levy
the maximum.
its
not
the
Section 4. Special Assessments for Capital
Improvements and Other Purposes. In addition to the annual
assessments authorized above, the Association may levy, in any
assessment yea::t:, special assessments ( "Special Assessments" )
applicable to that 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
Area (e.g. the: Common Facilities), including fixtures and
personal property related thereto or for any of the purposes
stated in Article V, Section 2, hereof, provided that any such
assessment shall have the assent of two-thirds (2/3) of the votes
of each class of Members who are voting in person or by proxy at
a meeting duly called for such purpose.
Section 5. Notice and Quorum for and Action Authorized
Under Sections 3 and 4. Written notice of any meeting called for
the purpose of taking any action under Sections 3(b) or 4 above
shall be sent to all Members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At the
first such meeting called, the presence of Members or of proxies
entitled to cast a majority of all the votes of each class of
-14-
membership shall constitute a quorum. If the required quorum is
not present, another meeting may be called subject to the same
notice requirem:nt, and the required quorum at the subsequent
meeting shall l:e one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the proceeding meeting.
Section 6. Uniform Rate of Assessment.
(a) Annual and Special Assessments. Both
annual and special assessments must be fixed at a uniform rate
for all Lots, except that as long as there is Class "B"
membership, the Declarant and Builders will have the following
options with respect to the annual assessme~ts:
Option (i) The Declarant and Builders may
pay the annual assessment at the rate of twenty-five percent
(25~) of the rate fixed for Class "A" membership on all
unoccupied Lots owned by the Declarant and/or Builders and in
addition, pay the difference, if any, between the total annual
operating expenses of the Association and the amount of the
annual assessments required to be paid pursuant to this Article;
or (ii) The Declarant and Builders may pay the full rate of
annual assessment at which time the obligation to pay the
difference between expenses and annual assessments will cease.
The Declarant and the Builders shall be bound to pay annual
assessments in accordance with Option (i) above until such time
as the Declarant gives written notice to the Association that
Option (ii) abcve will be the method of fixing assessments
against the Declarant and the Builders. So long as Option (i)
above applies to the Declarant and the Builders, the additional
payment, if any, due to the Association shall be paid by them on
a pro rata basis based on the total number of Lots owned by them
as of the date of any invoice from the Association requiring such
additional payment.
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(b) Sinqle Lot Special Assessments. In
addition to the annual and special assessments authorized herein,
the Association may levy in the manner hereinafter set forth a
Single Lot Special Assessment applicable only to a specific Lot
that has failed to meet its maintenance obligations set forth in
Article VII hereof. In the event an Owner of any Lot in the
Property shall fail to maintain his Lot and the exterior improve-
ments situated thereon in accordance with the maintenance
obligations se': forth in Article VII hereof, then the
Association, after approval by two-third (2/3) vote of the Board
of Directors and thirty (30) days' written notice to the Owner,
shall have the right, through its agents and employees, to enter
upon said Lot and to repair, clear, trim, maintain and restore
the Lot and the exterior of the buildings and any other exterior
improvements erected thereon. The cost of such Lot clearing and
exterior maintenance shall be added to and become part of the
assessment to which such Lot is subject, which shall be due and
payable thirty (30) days from the date said assessment is made.
Such Single Lot Special Assessment shall be treated as a Special
Assessment appli.cable only to such Lot and the Association shall
have the rights and powers of collection as provided in this
Article. The provisions of sections 4 and 6 (a) of this Article
shall not be apflicable to any Single Lot Special Assessments.
Secticn 7. Date of Commencement of Annual Assessments;
Due Dates. Th: annual assessments provided for herein shall
commence as to all Lots on the first day of the month following
the conveyance or dedication of the Common Area to the
Association; provided, however, that Declarant may elect to defer
the commencement of the annual assessments in which case the
Declarant and the Builders shall be obligated to pay all expenses
incurred by the Association during the period of deferment.
Association expE~nses during any such deferment period shall be
paid monthly by the Declarant and the Builders on a pro rata
basis based on the total number of Lots owned by them during each
such monthly deferment period. The first annual assessment shall
be adjusted according to the number of months remaining in the
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calendar year. The Board of Directors shall fix the amount of
the annual assessment against each Lot at least thirty (30) days
in advance of each annual assessment period in an amount not in
excess of the maximum annual assessment set forth in Section 3(a)
above. Written notice of the annual assessment shall be sent to
every Owner subj ect thereto. An invoice from the Association
shall constitute satisfactory written notice. The due dates
shall be established by the Board of Directors. The Association
shall, upon demand and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid. A
properly executed Certificate of the Association as to the status
of assessments on a Lot is binding upon the Association as of the
date of its issuance.
Section 8. Effect of Nonpavment of Assessments;
Remedies of the Association. If any assessments are not paid on
the date when d'.le, then said assessments shall become delinquent
and shall, together with such interest thereon and cost of
collection thereon as hereinafter provided, thereupon become a
continuing lien on the Lot which shall bind such Lot in the hands
of the then Owner, his heirs, devisees, personal representatives,
and assigns. The personal obligations of the then Owner to pay
such assessments, however, shall remain his personal obligation
and shall not pass to his successors in title unless expressly
assumed by them, or unless the Association causes a lien to be
recorded in the public records giving notice to all persons that
the Association is asserting a lien upon the Lot. No Owner may
waive or otherwise escape liability for the assessments provided
for herein by nonuse of the Common Area, Common Facilities or
abandonment of his Lot.
If the: assessment is not paid within thirty (30) days
after the delinquency date, the assessment shall bear interest
from the date of delinquency at the rate of eighteen percent
(18%) per annum, and the Association may bring an action at law
against the OwnE!r personally obligated to pay the same, or
-17-
foreclose the lien against the Lot and there shall be added to
the amount of such assessment the interest above stated, the cost
of the action, i.ncluding reasonable attorneys. fees whether or
not judicial proceedings are involved, and including reasonable
attorneys' fees and cost incurred on any appeal of a lower court
decision.
Section 9. Subordination of the Lien to Mortqaqes.
The lien of the assessments provided for herein shall be
subordinate to the lien of any first Mortgage. However, the sale
or transfer of any Lot pursuant to Mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or
transfer. No sale or transfer shall relieve such Lot from
liability for ar:.y assessments thereafter becoming due or from the
lien thereof.
Section 10. Exempt Property. The following property
subj ect to this Declaration shall be exempt from assessments,
charges and liens created herein; (i) all property to the extent
of any easement or other interest therein dedicated and accepted
by local public authority and devoted to public use; (ii) all
Common Areas, conservation areas and dedicated areas; and (iii)
all property exempt from taxation by the laws of the State of
Florida, upon the terms and to the extent of such legal
exemptions. Notwithstanding any provision herein, no land or
improvements devoted to dwelling use shall be exempt from said
assessments, charges or liens.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. Review bv Architectural Review Committee.
No building or modification or addition thereto, fence, wall,
pool, landscaping or other structure shall be commenced,
constructed, erected or maintained upon any Lot, nor shall any
exterior additicn to or change or alteration therein be made to
-18-
the Lot or Dwelling Unit unless it is in compliance with the PUD
Commitments and other applicable regulations and unless and until
the plans and specifications showing tl).e nature, kind, shape,
height, materials, and location of the same shall have been
submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and
topography by the Architectural Review Committee.
Section 2. Procedure for Review. Any Owner needing
the approval of the ARC shall deliver an application or request
for action to the ARC by pre-paid postage mail with return
receipt requested or by hand delivery with signed receipt,
together with a floor plan, landscaping plan, site plan and
abbreviated specifications, including exterior material and
colors. As soon as reasonably possible, but not later than
thirty (30) days after receipt, the ARC shall indicate its
approval or disapproval of the matters required to be acted upon
by them by a written instrument, and served personally or by pre-
paid postage mail upon the Owner and all interested parties,
identifying the proposed building or structure and either stating
approval or giving and making recommendations for changes to gain
approval. In the event the ARC takes no action on the
application or request within the thirty day period, then the
application or request shall be deemed to be approved.
Section 3. Composition of Architectural Review Committee.
(a) The ARC shall have three (3) members who
shall initially be appointed by the Declarant. The members
appointed to the ARC do not need to be Owners. So long as the
Declarant and/or the Builders maintain a controlling vote of the
Membership of the Association under the terms of Article IV
hereof, the Builder shall be entitled to appoint all members of
the ARC and any successor members; provided, however, the Builder
shall at any time have the right to waive its right to appoint
the members of the ARC. The members of the ARC shall be
appointed for staggered three (3) year terms; provided, however,
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," _ -_~':'~l~...
the initial members of the ARC appointed by the Builder shall
serve so long as Builder has the right to appoint all members of
the ARC. In the event of death, resignation, inability to serve,
or other vacancy in office of any member of the ARC, the Builder
shall promptly appoint a successor member of the ARC who shall
serve at the pleasure of the Builder.
(b) After the end of the term during which
the Builder may appoint all the members of the ARC, the Board of
Directors of the Association shall have the right to appoint the
members of the lffiC. In the event the Board of Directors fails to
appoint members to the ARC, - the Board of Directors itself shall
comprise the ARC. Members of the ARC shall serve at the pleasure
of the Board of Directors.
Section 4. Powers. The Architectural Review Committee
shall have the following duties and powers:
(a) To review and approve or disapprove all
buildings, fences, walls, pools or other structures which shall
be commenced, erected or maintained upon the Property, to approve
any exterior additions to or changes or alterations therein. For
any of the above, the Committee shall be furnished plans and
specifications showing the nature, kind, shape, height, materials
and location in relation to surrounding structures and
topography;
(b) To review and approve or disapprove any
such building plans and specifications, Lot grading plans,
landscaping plans, and other materials submitted pursuant to
Article VI, Section 2 above. The Committee may disapprove the
proposed improvement if, in its sole discretion, the Committee
determines that the proposed improvement is inconsistent with the
development plan formulated by the Declarant or Builder for the
Property or lands contiguous thereto. Such decision of the
Committee may be made upon purely aesthetic reasons;
-20-
(c) To require to be submitted to it for
approval any samples of building materials proposed or any other
data or information necessary to reach its decision.
Section 5. Exemption for Declarant and Builder.
Notwithstanding anything contained herein, for as long as
Declarant or Builder own fee title to any Lot, this Article VI
shall not apply to or bind either Declarant or Builder.
Section 6. Grant of Variance. Notwithstanding
anything herein to the contrary, the ARC, in its sole and
absolute discretion, may grant a variance as to any of the
restrictions, conditions and requirements set forth in this and
Article so long as, in the judgment of the ARC, the noncompliance
for which the variance is granted is not of substantial nature
and the granting of the variance shall not unreasonably detract
from the use and enjoyment of adjoining Lots and Properties. In
no event shall the granting of a variance in one instance require
the ARC to grant a similar or other type of variance in any other
instance, it being understood that the granting of variances from
the restrictions, conditions and requirements of this Article
shall be the sole and absolute discretion of the ARC.
ARTICLE VII
GENERAL RESTRICTIONS
Section 1. General Restrictive Covenants. The general
restrictive covenants contained in this Article shall apply
uniformly to all Lots and Dwelling Units on the Property. All
references in this Article VII to the Owner shall be deemed to
include the invitees, guests, lessees, tenants and renter's of
the Owner (including Short Term Renters) unless the context
clearly indicates otherwise.
Section 2. Residential Use Only. No Lot shall be used
for any purpose except residential. The term "residential" is
intended to prohibit any commercial use, including professional
-21-
office use of any portion of any Lot or Dwelling Unit, but shall
not prohibit use as a Rental Unit. No building shall be erected,
altered, placed or permitted to remain on any Lot other than
Dwelling Units designed for residential use and private attached
garages. The foregoing shall not prohibit the Declarant and/or
the Builders from using Dwelling Units as models or offices,
provided such use as models or offices is in furtherance of the
construction and sale or lease of Lots and Dwelling Units on the
Property.
Section 3. Dwellinq Unit Size. No building shall be
erected, altered, placed or permitted to remain on any Lot other
than one (1) single family Dwelling Unit not to exceed thirty-
five (35) feet in height, a private attached two car garage.
Dwelling Units shall have a minimum square footage of 1,200
square feet of enclosed living area, exclusive of garages and
patios. In the case of a two-story dwelling, the ground floor's
square footage shall not be less than 900 square feet.
Section 4. Dwellinq Unit Setbacks. All buildings and
other structure,s shall comply with all front, rear and side yard
setback requirements established by the PUD Commitments which are
front:twenty feet (20'), rear: twenty feet (20') and side yard:
five feet (5').
Section 5. No Temporary Structures. No structure of a
temporary nature or character, including, but not limited to, a
trailer, house trailer, mobile home, camper, tent, shack, shed,
boat, barn or other similar structure or vehicle, shall be used
or permitted to remain on any Lots as a storage facility or
residence, or other living quarters whether temporary or
permanent, however this prohibition shall not apply to one (1)
trailer permitted through the Building Department of the City of
Winter Springs, used by Declarant and/or the Builders during the
development of the Property and the construction of Dwelling
Units.
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Section 6. Parkinq and Storaqe Restrictions. Each
Owner has the right to exclusive use of the parking spaces which
are located within that Owner's property lines. No vehicles may
be parked on any grassed area of the Lots. No vehicles which
extend beyond the length of the Owner's parking space may be
parked in such space. Permission must be obtained in writing
from the ARC for the parking of any commercial or recreational
vehicles, trailers, boats, trucks, boat trailers, campers or
other similar vehicles on any Lot or in any driveway, except in a
closed garage attached to a Dwelling Unit. Parking in the Common
Areas or common parking spaces, if any, shall be regulated by the
rules of the As!:/ociation or the City of Winter Springs ordinance.
There shall be no parking on the streets or the street right of
way area, if an)', overnight or for a continuous period of time in
excess of ten (10) consecutive hours, unless the City of Winter
Springs ordinances dictate otherwise. The provisions of this
Section shall not apply to the parking or storage of any vehicles
used by any contractor, subcontractor, supplier, laborers,
Declarant and/or Builders during the construction of any Dwelling
Unit or development of the Subdivision.
Section 7. Livestock and Animal Restrictions. No
livestock, poultry, reptiles or animals of any kind or size shall
be raised, bred or kept on any Lot or in any Dwelling Unit;
provided, however, that dogs, cats and other common domesticated
household pets may be raised and kept, provided such pets are not
kept, bred or maintained for any commercial purposes. Such
permitted pets shall be kept on the Owner's Lot and shall not be
allowed off the premises of Owner's Lot except on a leash. No
permitted pet shall be allowed to make noise in a manner or such
volume as to annoy or disturb other Owners. all pet owners will
clean up after their pets. Any Owner who keeps a pet thereby
agrees to indewlify the Association and hold it harmless against
any loss or liabilities of any kind or character whatsoever
arising from or growing out of the keeping of such pet. The
keeping of pets by any Owner shall always be subject to all
-23-
governmental animal
promulgated by the
regard thereto.
ordinances
Association
and
or
any rules or
the Board of
regulations
Directors in
Section 8. Restrictions on Activity. No noxious or
offensive activity shall be conducted or permitted to exist upon
any Lot, or in any Dwelling Unit, nor shall anything be done or
permitted to exist on any Lot or in any Dwelling Unit that may be
or may become an annoyance or private or public nuisance. No
Lot, driveway or Common Area shall be used for the purpose of
vehicle repair or maintenance. No unregistered, non-licensed,
expired lease or inoperable vehicles of any kind shall be
permitted to remain on any Lot (unless parked inside the garage
of a Dwelling Unit) or Common Area.
Section 9. Restrictions on Fixed Game and Play Struc-
tures. If permitted by the ARC, all basketball backboards and
other fixed game and play structures shall be of temporary type
and shall be located at the side or rear of the Dwelling Unit or
on the inside portion of the corner lots within the setback
lines. No basketball or like goals will be allowed on driveways
or on the front of any house. Treehouses or platforms of a like
kind or nature shall not be constructed on any part of any Lot.
Section 10. Restrictions on Walls. Fences and Hedqes.
No boundary wall, fence or hedge shall be constructed or grown
with a height of more than six (6) feet above the ground level of
adjoining property. No wall or fence of any height shall be
placed or constructed on any Lot until after the height, type,
design and location thereof shall have been approved in writing
by the Architectural Review Committee. The heights or elevations
of any wall or fence shall be measured from the existing property
elevations. Any questions as to such heights shall be
conclusi vely determined by the ARC. No boundary wall, fence or
hedge or part thereof may be placed any closer to a street than a
dwelling could be placed on the same Lot, except as may be
required by FHA/VA or other governmental regulation.
-24-
Notwi thstanding anything contained herein to the contrary, on
Lots which abut or are adjacent to screening wall constructed in
Screening Wall Easement Area, described in Article III, Section 5
hereof, no othe:~ wall or fence structure shall be built parallel
to said screeni.ng wall regardless of the distance between the
screening wall and fence. Moreover, on said Lots the last eight
(8) foot section of a wall or fence structure which is
constructed by the Owner perpendicular to or in any way adjacent
to or leading to the screening wall shall be tapered down in such
a manner so that the top of said wall or fence is no higher than
the top of the screening wall as measured at the point of contact
between said wall or fence and the screen wall. No chain link
fencing shall be permitted on any Lot at any time~ At such time
a wood fence is installed, it will be excepted and is understood
by the homeowner that the exterior of the fence will be painted,
immediatley after a 90-day cure period, with a clear acryllic
sealer. This fence sealer will be maintained on a regular basis,
but no less than once every two years.
Section 11.
specifications for any
constructed on any Lot
the ARC.
Swimminq Pools and Screeninq. Plans and
swimming pool, including screening, to be
shall be subject to the prior approval of
Section 12. Garbaqe and Litter. It shall be the
responsibility of each Owner to prevent the development of any
unclean, unsightly or unkempt conditions any Lot or Dwelling Unit
located on any Lot which tend to substantially decrease the
beauty of the community as a whole or the specific area. The
restriction shall apply before, during and after construction.
No Lot shall be used or maintained as a dumping ground for
rubbish, trash, or other waste. All trash, garbage and other
waste shall be kept in permanent sanitary containers and, unless
required to be placed at the curb for scheduled pick-ups, but no
more than five hours before such scheduled pickups, all
containers shall be kept at the rear of all Dwelling Units or out
of sight from the street. All oil tanks and bottled gas
containers shall be placed underground.
-25-
Section 13. Alteration of Lots. No Owner, without the
express prior written consent of the City, SJWMD and the ARC,
shall. construct any improvements or make any changes to a Lot
which shall have the result of changing, altering or affecting
the natural or artificial water courses, canals, ditches, swales,
ponds or drainage of the Property. All construction, grading and
landscaping shall conform to the drainage swale requirements set
forth on the plan of the Property.
Section 14. Storage of Materials. Except for the
Declarant and/or the Builders, no Owner may store construction
materials on a ~ot for a period exceeding seven (7) days without
commencing construction, and if construction does not commence
within said seven (7) day period the Declarant may remove such
stored materials. Costs incurred in such removal by the
Declarant will become a lien on said Lot, accruing interest at
the highest rate permitted by law. Construction, once commenced,
shall be diligently pursued to completion. No building, material
or refuse shall be placed or stored on any Lot within twenty (20)
feet of any park or edge of any open water or drainage course
except that clean fill may be placed nearer provided that the
water or drainage course is not altered or blocked by such fill.
Section 15. Destruction By Fire or Other Casualty. No
building or improvement which has been partially or totally
destroyed by fire or other casualty shall be allowed to remain in
such condition for more than six (6) months from the time of
destruction. If reconstruction or repair of any such dwelling
Unit is not commenced with said six (6) month period, the Owner
thereof shall raze or remove the same promptly from the Owner's
Lot.
Section 16. Completion of Development and Dwellinq
Units. Nothing contained in this Declaration shall be
interpreted or construed to prevent Declarant, its express
successors or assigns, Builders, or the Declarant's or Builder's
contractors or subcontractors, from doing or performing on all or
any part of the Property owned or controlled by them whatever
they deem reasonably necessary in connection with completion of
-26-
the development, including without limitation; (a) erecting,
constructing and maintaining such structures as may be reasonably
necessary for the conduct of the their business of completing the
development and establishing the Property as a residential
community and disposing of the same in Lots and Dwelling Units by
sale, lease or otherwise; or (b) conducting thereon its or their
business.
Secticn 17. Waiver of Violations of Covenants and
Restrictions. When a building or other structure has been
erected, its construction commenced and the building is located
on any Lot in a manner so as to constitute a violation or
violations of this Declaration, the Declarant shall have the
right, but not the obligation, at any time to release the Lot, or
portions of it, from any part of the covenants and restrictions
as may be violated, so long as the violation or violations do not
conflict with City ordinances or regulations.
Section 18. Window Air Conditioners.
conditioning units are strictly prohibited.
Window air
Section 19. Installation of Fences by Declarant. The
Declarant and/o:r the Builders may place, build, erect and/or
install such walls or fences upon such easements as may exist or
which may be es:tablished along the Lot lines, and adj acent to
water retention and/or detention areas located on the Property,
which the Declarant and/or the Builders deem necessary or
desirable. No Owner, without the express written consent of the
Declarant, shall paint, deface, change or renovate such walls or
fences in any manner whatsoever, nor shall any attachment be made
thereto.
Section 20. Garaqes. Each home shall have an attached
two (2) car garage. No garage shall be enclosed permanently or
converted to another use. All garages must have overhead garage
doors, which shall be maintained in a useful and operating
condition and shall be kept closed when not in use. Carports are
not permitted.
-27-
Section 21. Siqns. No commercial signs or other signs
shall be erected or maintained on any Lot or Dwelling Unit except
with the written permission of the Association or except as may
be required by legal proceedings, it being understood that the
Association will not grant permission for said signs unless their
erection is rea!:ionably necessary to avert serious hardship to the
property Owner. Such prohibition shall not apply to common
commercial real estate signs advertising that a particular Lot or
Dwelling Unit is for sale provided that such signs are not
illuminated and do not exceed four (4) square feet. If
permission is 9ranted for any other signage, the Association
shall have the right to restrict size, color and content of such
signs. Property identification and like signs exceeding a
combined total of more than two (2) square feet may not be
erected without the written permission of the Association. These
restrictions shall not apply to restrict the Declarant, the
Builders or the Declarant's or the Builder's agents from erecting
such signs as the Declarant or the Builders deem in their sole
discretion to be necessary to assist the Declarant or the
Builders in selling, leasing or renting any Lot or Dwelling Unit,
or other portio~ of the Property.
Section 22. Allowable Trim. No Owner or tenant of a
Dwelling Unit stall install shutters, awnings or other decorative
exterior trim, without the prior approval of the ARC.
Section 23. Window Coverinqs. No reflective foil,
tinted glass, sheets, newspapers or any other similar- material
shall be permitted on any windows except for tinted bronze glass
and any such installation shall require approval of the ARC.
Section 24. Access at Reasonable Hours. For the sole
purpose of performing any maintenance or repairs authorized
agents, contractors or employees shall have a license which shall
be exercisable after reasonable notice to the Owner to enter upon
any Lot or exterior of any Dwelling Unit.
-28-
Section 25. Tree Removal Restrictions. Trees situated
on any Lot between building set back lines and the property lines
having a diameter of six inches (61') or more (measured four feet
(4') from ground level) may not be removed without prior approval
of the ARC, and possession of an approved Arbor Permit from the
City of Winter Springs. All requests for approval of tree
removal shall be submitted to the ARC along with a plan showing
generally the location of such trees(s).
Section 26. Replacement of Trees. Anyone violating
the provisions of Section 25 will be required to replace such
trees with trees of like kind, size and condition within thirty
(30) days after demand by the ARC. If the Owner fails or refuses
to replace the trees as demanded, the ARC shall cause suitable
replacement to be planted and the cost thereof shall be a lien
against the property of the Owner. The Owner grants to the ARC,
its agents and employees an easement of ingress and egress over
and across said Lot to enable it to comply with Section 25 above
and this Section 26.
Section 27. Antenna Restrictions. No one shall be
permitted to install or maintain on any Lot, Dwelling Unit or
structure, any outside television or radio antenna, disc, mast
aerial, or any size satellite dish or other tower for the purpose
of audio or visual reception unless the same is approved by the
ARC. This res':riction shall not serve to prohibit Declarant,
Builder or the Association from installing an antenna or
satellite antenna disc, or contracting with a third party to
install such antenna, for the purpose of providing master or
cable television, radio or other electronic service to the Owners
in the Subdivision.
Section 28. Exterior Paint. All exterior paint colors
shall be subject: to prior approval of the ARC.
Section 29. Additional Rules and Requlations. The
Association or Board of Directors may, from time to time, adopt
-29-
rules and regulations relating to anyone or all of the
restrictive covenants contained in this Declaration. No Owner,
its successors or assigns, tenants, lessees, renters, guests or
invites shall violate the rules and regulations adopted from time
to time by the Association or the Board of Directors, whether
relating to the use of the Lots, the use of the Common Area, or
otherwise. No rules or regulations shall violate or change the
rights or obligations of Declarant or Builder as set forth
herein.
ARTICLE VIII
COVENANTS AGAINST PARTITION AND
SEPARATE TRANSFER OF MEMBERSHIP RIGHTS
Recognizing that the full use and enjoyment of any Lot
is dependent upon the right to the use and enj oyment of the
Common Area and the improvements made thereto, and that it is in
the interest of all of the Owners that the right to the use and
enjoyment of the Common Area is retained by the Owners of Lots,
it is therefore declared that the right to the use and enjoYment
of any Owner in the Common Area is appurtenant to title to each
of the Lots. I~ addition there shall exist no right to transfer
the right to use and enjoyment of the Common Area in any manner
other than as an appurtenance to and in the same transaction
with, a transfer of title to a Lot. Any conveyance or transfer
of a Lot shall include the right to use 'and enjoyment of the
Common Area appurtenant to such Lot subj ect to reasonable rules
and regulations promulgated by the Declarant, Builder or the
Association for such use and enj oyment, whether or not such
rights shall have been described or referred to in the deed by
which said Lot is conveyed.
ARTICLE IX
LENDER'S RIGHTS
Section 1. Information. Upon written request, the
Association shall make available for inspection during normal
business hours by each Owner, and each lender, holder, insurer or
-30-
guarantor of any first mortgage on a Lot, a current copy of this
Declaration, the Articles of Incorporation and By-Laws of the
Association, and the records, books and financial statements of
the Association..
Section 2. Financial Statements. Upon written
request, each ::101der of a first mortgage on a Lot shall be
entitled to receive a financial statement of the Association for
the immediately preceding fiscal year.
Section 3. Lender's Notices. Upon written request to
the Association, identifying the name of the holder, insurer or
guarantor and the Lot and address, any mortgage holder, insurer,
or guarantor will be entitled to timely written notice of:
(a) any condemnation or casualty loss that
affects either a material portion of the Property or the Lots
securing this mortgage;
(b) any delinquency notice in the paYment of
assessments or charges owned by the Owner of any Lot on which it
holds the mortgage;
(c) a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained
by the Asso~iation; and
(d) any proposed action that requires the
consent of a specified percentage of mortgage holders.
ARTICLE X
GENERAL PROVISIONS
Section 1. Enforcement. The Association, the
Declarant, Builder or each Owner shall have the right to enforce,
by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or
-31-
hereafter imposed by the provisions of this Declaration. Failure
by the Association, the Declarant, Builder or by any Owner to
enforce any covenant or restriction herein contained shall be in
no event deemed a waiver of the right to do so thereafter. If
the Declarant, Builder or Association shall seek to enforce the
provisions of t.his Declaration, then the Declarant, Builder or
the Association" as the case may be, shall be entitled to collect
its fees and costs, including reasonable attorneys' fees, whether
incurred before trial, at trial or upon appeal. The St. Johns
River Water Management District (the "District") and the City of
Winter Springs shall have the right to enforce, by a proceeding
at law or in equity, any provisions of this Declaration relating
to the operation or maintenance of the stormwater management
system.
Section 2. Severability. Invalidation of anyone of
these covenants or restrictions by judgment or court order shall
in no way affec: any other provisions which shall remain in full
force and effect.
Section 3. Bindinq Effect; Amendment by Owners.
(a) The covenants and restrictions of this
Declaration shall run with and bind the land for a term of thirty
(30) years from the date this Declaration is recorded, and after
which time they shall be automatically extended for successive
periods of ten (10) years.
(b) Subj ect to the provisions of Section 9
of this Article, this Declaration may be amended during the first
thirty (30) year period by an instrument signed by not less than
ninety percent (90%) of the Lot Owners, and thereafter by not
less than seventy-five percent (75%) of the Lot Owners.
Notwithstanding the foregoing, any amendment to this Declaration
which adversely affects any lender, holder, insurer or guarantor
of any first mortgage on the Property as of the date of recording
of this Declaration, shall not become effective unless joined in
-32-
.
and consented to by such lender, holder, insurer or guarantor if
such first mort9age affects the Property on the effective date of
any such amendment.
(c) All-amendments thereto shall be recorded
in the Public Records of Seminole County, Florida and shall not
be valid until recorded.
(d) Any amendment to this Declaration which
would alter the surface water or stormwater management system for
the Property, beyond maintenance thereof in its original
condition, including the water management of the Common Property,
must receive approval of the District and the City of Winter
Springs prior to taking effect.
Section 4. Amendment by Declarant.
(a) Notwithstanding any provision contained
herein to the contrary, and except as set forth in Section 9 of
this Article X, the Declarant shall have the right to amend this
Declaration if such amendment is required in order to cause this
Declaration to comply with Federal Housing Administration ("FHA")
Veterans Administration ("VA" ) , Federal National Mortgage
Association ("FNMAII), or Federal Homes Loan Mortgage Corporation
("FHLMC") requirements; provided, however, that any such
amendment shall be subject to the approval of the FHA or VA.
(b) As long as there exists a Class B
membership in the Association, the Declarant shall have the
right, subject to the provisions of Section 9 of this Article, to
amend this Declaration to correct any omission or error, or to
effect any other amendment, except that this procedure for amend-
ment cannot be used if such an amendment would, in the reasonable
opinion of the Declarant, materially and adversely affect
substantial property rights of Lot Owners unless the affected Lot
Owners consent thereto in writing.
-33-
(c) The amendment of this Declaration,
pursuant to this Section 4 need be signed and acknowledged only
by the Declarant and shall contain a certification that the
provisions of this Section have been complied with. Any such
amendment need not be approved or signed by any Member, the
Association, Lot Owner, or any lienors or mortgagees of Lots, or
by any other person, whether or not elsewhere required for an
amendment to thE~ Declaration.
(d) Any amendment to this Declaration which
would alter the surface water or stormwater management system for
the Property, beyond maintenance thereof in its original
condition, including the water management of the Common Property,
must receive approval of the District and the City of Winter
Springs prior to taking effect.
(e) All amendments hereto shall be recorded
in the Public Records of Seminole County, Florida, and shall not
be valid until recorded.
Section 5. Encroachments. In the event that any Lot
shall encroach upon any Common Area, or dedicated area or upon
any other Lot for any reason other than the intentional or
negligent act of the Owner, or in the event any Common Area, or
dedicated area shall encroach upon any Lot, then an easement
shall exist to the extent of that encroachment for as long as the
encroachment sha.ll exist.
Section 6. Notices. Any notice required to be sent to
any Owner or the Association, under the provisions of this
Declaration, stall be deemed to have been sent when hand
delivered or mailed, postage prepaid, to the last known address
of the person or person who appear as the Owner of the Lot in the
records of the Association at the time of such mailing.
Section 7. Assiqnment of Declarantls Riqhts and
Obliqations. Ar:.y and all rights, powers and reservations of the
-34-
~
Declarant may be assigned, in whole or in part, to any person,
corporation or association which will assume the duties of the
Declarant pertaining to the particular rights, powers and
reservations assigned. Upon such assignee evidencing its consent
in writing to accept such assignment and assuming such duties,
the assignee shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and
duties as are given to and assumed by the Declarant herein.
Further, the Declarant may from time to time delegate any and all
to its rights, powers, discretion and duties hereunder to such
agent or agents as it may nominate. The Declarant may designate
as a Class B member of the Association an express successor or
assign who acqu:.res a Lot or Lots, provided that such designation
shall be only as to those Lots acquired by such express successor
or assign.
Section 8. Contracts. Prior to the termination or
conversion of Class B membership, the Association shall not be
bound either directly or indirectly to contracts or leases
(including management contracts) unless the contract or lease
contains a right of termination, without cause, which is
exercisable without penalty at any time upon not more than ninety
(90) days' notice to the other party.
Section 9. FHA/VA Approval. Notwithstanding any provision
contained herein to the contrary, as long as there is a Class B
Membership, the following actions will require the prior approval
of the Federal Housing Administration ("FHA") or the Veterans
Administration ("VA"): Annexation of additional properties;
mortgaging of Common Areas; dedication of Common Area; merger i
amendment of this Declaration; and amendments of the Articles of
Incorporation and By-Laws of the Association.
Section 10. Annexation. Additional residential
property or Co~non Area may be annexed to the Property with the
consent of two-thirds (2/3) of each class of the Members.
-35-
Section 11. Waiver of Violations. Declarant, its
express successor or assigns, reserves the right to waive any
violations of the covenants contained in this Declaration, in the
event Declarant shail determine, in its sole discretion, that
such violations are minor or dictated by the peculiarities of a
particular Lot configuration or topography.
Section 12. Liability of Lot Owners for Damaqes.
Nothing in this Declaration shall be construed to impose absolute
liability on the Owner of any Lot for damage or injury to the
Common Areas or Lots and such Owners shall only be responsible
for damage or injury caused by the negligent or intentional acts
of the Owner.
Section 13. Paraqraph Headinqs. Paragraph headings,
where used herein, are inserted for convenience only and are not
intended to be a part of this Declaration or in any way defined,
limited or describe the scope and intent of the particular
paragraph to which they refer.
Section 14. Effective Date.
become effective upon recordation of
Records of Seminole County, Florida.
This Declaration will
the same in the Public
Section 15. Construction Notice and Acceptance. Every
person or entity that owns or acquires any right, title or
interest in or to any portion of the Property, or any portion
thereof, is and shall be conclusively deemed to have consented
and agreed to every covenant, condition and restriction contained
herein, whether or not any reference to this Declaration is
contained in the instrument by which such person or entity
acquires such right, title or interest.
Section 16. Riqht of Association to Merqe. The
Association retains the right to merge with any other homeowners
association, provided such homeowners association is for an FHA
or VA approved subdivision and provided FHA or VA approves such
-36-
merger. This right shall be exercised by recordation of an
Amendment to this Declaration recorded among the Public Records
of Seminole County, which Amendment shall set forth a legal
description of the property to which this Declaration, as
amended, shall apply. The Amendment shall further have attached
to it a reso:.ution of the Association and the homeowners
association with which a merger is to take place, and such
resolution shall be certified by the Corporate Secretary thereof
and shall state;~
(a) That a meeting of the
association was held in accordance with its Bylaws;
homeowners
(b) That a two-thirds (2/3) vote of each
class of the Meniliers approved the merger.
The foregoing certificates when attached to the
Amendment shall be deemed sufficient to establish that the
appropriate procedure was followed in connection with the merger.
Upon a merger or consolidation of the Association with another
association, its properties, rights and obligations shall, by
operation of law, be transferred to another surviving or
consolidated association, or alternatively, the property, rights,
and obligations of another association shall, by operation of
law, be added to the Properties, rights, and obligations of the
Association as a surviving corporation pursuant to a merger. The
surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within
the Property together with the covenants and restrictions
established upon any other properties as the overall plan or
scheme. No such merger or consolidation, however, shall effect
any revocation, change or addition to the covenants and
restrictions established by this Declaration within the Property.
-37-
Section 17. Insurance.
(a) The Association shall keep (i) any
buildings in thE! Common Area insured against loss by fire and the
risks covered by a Standard All Risk of Loss Perils insurance
policy under an extended coverage casualty policy in the amount
of the maximum insurance replacement value thereof, and (ii) all
personal property owned by the Association insured with coverage
in the maximum insurable fair market value of such personal
property as detE~rmined annually by an insurance carrier selected
by the Associati.on. Insurance proceeds for the Common Facilities,
any improvements in the Common Area and any personal property
owned by the Association shall be payable to the Association. In
the event of any loss, damage or destruction, the Association
shall cause the same to be replaced, repaired or rebuilt if it
occurred in the Common Area. In the event the cost of such
replacement repair or rebuilding of any improvements on the
Common Area ( i) exceeds the insurance proceeds available
therefore, or (ii) no insurance proceeds are available therefore,
the deficiency of full costs thereof shall be assessed to the
Owners as a special assessment.
(b) The Association shall procure and keep
in force public liability insurance in the name of the
Association and the Owners against any liability for personal
injury or property damage resulting from anyone occurrence in or
about the Common Area, in an amount not less than ONE MILLION AND
NO/l00 DOLLARS ($1,000,000.00) for damage to one (1) or more
persons in one (1) accident or event and not less than ONE
MILLION AND NO/lOa DOLLARS ($1,000,000.00) for damage to property
in one (1) accident or event. The Association, at its discretion,
shall obtain Director and Officer liability insurance in an
amount not less than ONE MILLION DOLLARS ($1,000,000).
(c) Copies of all such insurance policies
(or certificate::; thereof showing premiums thereon to have been
paid) shall be retained by the Association and open for
-38-
inspection by the Owners at any reasonable time. All such insur-
ance policies shall (i) provide that they shall not be cancelable
by the insurer '~ithout first giving at least ten (10) days prior
notice in writing to the Association, and (ii) contain a waiver
of subrogation by the insurer(s) against the Association, Board
and Owners.
(d) Notwithstanding any provision contained
herein to the contrary, the Association shall maintain such
insurance coverage as may be required by the Veterans Adminis-
tration ("VAII), the Federal Housing Administration (IIFHAII), _9r
Federal National Mortgage Association ("FNMAII) so long as VA,
FHA, or FNMA holds a mortgage on or owns any Lot.
Section 18. Mortqaqinq of Common Areas. The Common
Area shall not be mortgaged or conveyed by the Association
without the consent of at least two-thirds of each class of
Members; provided, however, that if there has ceased to be any
Class B Members" then the consent of at least two-thirds of the
Class A Members excluding the Declarant shall be required.
However, should the surface water or stormwater management system
be part of the Common Area to be mortgaged, that part of the
Common Area shall not be mortgaged.
Section 19. Surface Water or Stormwater Manaqement
System. The Association shall be responsible for the
maintenance, operation and repair of the surface water or
stormwater management system. Maintenance of the surface water
or stormwater management system shall mean the exercise of
practices which allow the systems to provide drainage, water
storage, conveyance or other surface water or stormwater
management capabilities as permitted by the St. Johns River Water
Management District. The Association shall be responsible for
such maintenanCE! and operation. Any repair or reconstruction of
the surface water or stormwater management system shall be as
permitted, or if modified as approved, by the St. Johns River
Water Management District and the City of Winter Springs.
-39-
Article XI.
Jurisdiction
Notwithstanding any other Article or provision herein, no
amendments may be made to this document without the prior
approval of thE~ City of Winter Springs. The City of Winter
Springs is a third-party beneficiary with the right to legally
enforce this document. Nothing contained herein permits or
authorizes any violations from the Code of Ordinance of the City
of Winter Sprin~Ts, Florida.
IN WITNESS WHEREOF, Declarant has caused these presents to
be executed on the day and year first above written.
Signed, sealed and delivered
in the presence of:
CAMBRIDGE DEVELOPMENT, LTD.,
a Florida I' ited partnership
By:
By:
u .~
s~n~ur ,
q ~" e ("0 yL CA.. ~
Printed name
-40-
~
~
STATE OF FLORIDlll.
SS.
COUNTY OF Seminole
BEFORE: ME, the undersigned, a Notary Public in and for
the State of Florida, duly commissioned and sworn, personally
appeared Dana A" Bennett, as President of Cambridge Development,
Inc., a Florida corporation, general partner of Cambridge
Development, Ltd., a Florida limited partnership, who is
personally knor"m to me or '.'ho produced ~
--idontification, and who acknowledged that he signed and sealed
the same on behalf of said corporation as his voluntary act and
deed for the uses and purposes therein contained and without
taking an 0
nd and official ~ in the County
iso?'1-ft day of Ur' 1997.
(NOTARY SEAL) CANDE FRANCIS
My N~:~~ P~bli~, State of Florida
. XplrAS Mar-eh :1.5 20
(Notary Name Printed) No. CC 539196 .. 00
NOTARY PUBLIC
Commission No.
GableC&R,doc
May 23, 1997
-41-
and
. ,II '
.J
~
JOINDER AND CONSENT
THE UNDERSIGNED HEREBY CERTIFIES, that it is th~ owner and
holder of a deE:d, mortgage, lien or other encumbrance upon the
property described in the foregoing Declaration of Covenants,
Conditions and Restrictions for Stone Gable, Seminole County,
Florida (the IIDE!claration") and that the undersigned hereby joins
in and consents to The Declaration and agrees that its deed,
mortgage, lien or 9kQer\_ encumbrance, which is recorded in
Official Records of ~~\\O~ County, Florida, Book 3'~.:l. Page
\t.'1 as modifie.d. ~
By: T<el"'r:
Title:
name
re .d~-t-
~r I"\e. 0.."\
ISO $". Ol'l~o rI~ 5vNe2w-.
t..JV\r<+er P~rk ,FL 3..2.78<1
7J/~;~J' /h - ~/
Witness'!'
/1/ ;'j J!? 6- /l--te,.g -7 M ' J .41' / ,rj
Print name
STATE OF FLORIDJ.l,
~ ( L SS.
COUNTY OF....~~
~. 1 The -rqn:going instrument
~hi ~ day of'~ ,19, b
\J ~~ ('~ ~ J, <;oAA of, ("
He is personally known to me.
me
as
-42-
'" . I ,
.
," ,
.
EXHIBIT "A"
Legal Description
'lAND .OESCR i PT I CIN
TH.A T PORT I rnf OF LOT f FI, CHASE AND CO~ANY' S SUBO I Y I S f ON OF WAG~EH. ACCO~O I ~G ro
TH( PL~r THEREOF AS RECORDED tN PLAT BOOK 6. PAGE 64 OF THE PUBLIC RECORDS OF
5EH !I(OLE COUNTY,' FLOR lOA. OESCR I BED AS FOLLOWS:
. ' .
8~S'[~: AT THE SOl).rK)iEST"COAHER OF SAID LOT 1Ft AND RtlH'N 07"00'49' 'r( ALONG THE
WEST ~'Hie OF' SA I 0 LDT I ~ FOR A 0 r ST A?tCE OF 822. i 4 FEET TO A PO I NT ON THE SOU TH
RIGHI-Of~~Al LINE OF StATE RQAD 434 AS OESCRISED l~ O~FICIAL;RECOAOS -SQOk '~803.
PAG~ i02J,.ClF.SAID PU8L1C RECOROS; THENCE AUH N 83'53'l7' E ALONG SAID RIGHT-a~-
WAY LINE FOR A UISTANCE.'OF . ,69('14 FEET TO A POINT OH THE: '~ST L1~ OF PARCEL
l05-\(ATffi RETalTI,ON'AREA, AS OESCHI8fD I~ OFf:ICIAL'RfCOROS' ',BOOK '2803,' PAGE t023
OF SAID P8Bl'IC'RECQR~THtNCE RUN S 07.0L'30' E ALONG SAJD LINE FOR A OISTAKCE
OF 822. 14-:fE:.ET ' 1'0 '. A POlNT' O~ THE SOUTH LINE OF SArO LOT ;q:" ; ,THENCE RUN S-
83' 53' t6. W ALONG SA lOll He FOA A O! STA}.ICE OF 69~. 30 FEET TO THE PO I HT OF
SEGl HH l.NG. '
SAID LANds LYING ~H THE CITY OF WINTER SPRINGS. SE~I~OLE;COUHTY. FLORIDA.
CONTAING '13. 101 ACHES ~dHE OR LESS,
W
en W
,.."
~ 0
::t:N
o
r-
n:
C") ::0'
o - ,.."
("')
~ -.::;;:::;
r- a ,:.,5
';(/)
0::.0
0-.,
O""T'J
~-
n
l>
r-
.. I. ~
)f
BAKER
&
HOSTETLERLLP
COUNSELLORS AT LAW
200 SOUTH ORANGE AVENUE · SUNTRUST CENTER, Sum 2300 · P,O. Box 112 · ORLANDO, FLORIDA 32802-0112 . (407) 649-4000
FAX (407) 841-0168
WRITER'S DIRECf DlAL NUMBER (407)
October 17, 1997
Don LeBlanc, Land Manager Specialist
City of Winter Springs
1126 E. SR 434
Winter Springs, Florida 32708
Re: Plat Opinion for Stone Gable
Dear Mr. LeBlanc:
This opinion of title was~prepared by Baker & Hostetler LLP,
Counsellors at'Law for that certain real property situate, lying
and being in the City of Winter Springs, County of Seminole, State
of Florida, to wit:
-....
See Exhibit "A" attached hereto and incorporated herein
by reference.
This opinion is based solely upon that certain Certificate of
Title Information for the Filing of a Subdivision Plat in the City
of Winter Springs, Seminole County, Florida as prepared by Fidelity
Title & Guaranty Co., covering the period to and including October
7, 1997 at 5:00 p.m.
From our examination of the
Title Information, we find fee
October 7, 1997 to be vested in
Florida limited partnership.
above-referenced Certificate of
simple title of record, as of
Cambridge Development, Ltd., a
The property is vested, however subject to the following
exceptions:
1. The rights and interests of those in possession, if any,
other than the above named owner.
2. Any unrecorded mechanic's or materialsmen' s liens against
the captioned :?roperty for any construction or improvements
performed to the captioned date.
3. Any
regulations
authority.
a:;>plicable governmental
or other restrictions
zoning
imposed
or
by
environmental
governmental
~. OHIO
(216) 621.0200
CoLUMBUS. OHIO
(614) 228.1541
DENVER, CoLORADO
(303) 861-0600
HOUSTON. TExAs
(713) 751-1600
loNG BEAOI, ChuFORNIA Los ANGELES. CAuFoRNIA
(562) 432-2827 (213) 624-2400
W~HING1'ON. D.C.
(202) 861-1500
..,
Board of County Commissioners
Lake County, Florida
September ,1995
Page 2
4. Any lien provided for by Chapters 153 or 159, Florida
Statutes, in fa'Tor of-any county, district, city, town, village or
port 'authority for any unpaid service charge for service by any
water system, sewer system or gas system serving the subj ect
property, as well as, any lien or fine provided for by Chapter 162,
Florida Statutes, in favor of any county or municipality for
violation of any local governmental code.
5. Ad valorem real property taxes for the year 1997, become
an inchoate lien against the captioned property as of January 1,
1997. Same become due and payable November 1, 1997, but they will
not become delinquent until April 1, 1998.
6. The nature, extent or existence of riparian rights, if
any, are neither guaranteed nor insured and the riparian rights of
others as the same may affect the subj ect property, are hereby
excepted.
7. Ti tIe to submerged lands is neither guaranteed nor
insured.
8. Unsat:.sfied mortgages or liens encumbering said property
are as follows:
A. That certain Mortgage executed by Cambridge
Development, Ltd., in favor of Barnett Bank, N.A.
dated September 23, 1997 and filed September 26,
1997 in Official Records Book 3302, Page 1107A, in
the original principal amount of $982,000.00, of
the Public Records of Seminole County, Florida.
B. That certain Mortgage executed by Cambridge Homes,
Ltd., in favor of Barnett Bank of Central Florida,
N.A. dated May 22, 1995 and filed May 24, 1995 in
Official Records Book 4895, Page 2842, in the
original principal amount of $2,500,000.00, Public
Records of Orange County, Florida; said Mortgage
modified by Spreader and Mortgage Modification
A.greement dated September 23, 1997 and filed in
Official Records Book 3302, Page 1105, of the
Public Records of Seminole County, Florida.
C. Financing Statement executed by Cambridge
~evelopment, Ltd., in favor of Barnett Bank, N.A.
filed September 26, 1997 in Official Records Book
3302, Page 1102, of the Public Records of Seminole
County, Florida.
Board of County Commissioners
Lake County, Florida
September , 1995
Page 3
9. Conflicting rights of way, easements or plats affecting
said property are as follows:
NONE
10. Other information regarding said property includes:
NONE
If there are any questions in connection with the above
information, plE~ase do not hesitate to contact the undersigned.
Respectfully submitted,
BAKER
SEC18S0\23118\97002\PLAT.OPN
"
EXHIBIT ~ A ~
UNO OESCR I p,~
THA T PORT I OH OF LOT 'F", CHASE AND COtG'ANY' 5 SUBD I V I S ION OF WAGNER. ACCORD I NG TO
THE PLAT THEREOF AS R€COROEO IN PUT BOOK 6. PAGE 6~ OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLO~S:
BEgiN AT THE SOUT~MEST CORNER ~F SAID LOT 'r' AND RUN H 07'OO'~9' W ALOHG TH(
)(ESTLINE OF SAID LOT 'F' FOR A DISTANCE OF 822. U FEET TO A POINT ON THE SOIJTH
HIGHT-OF-WAY LINE Of STATE ROAD ~3~ AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803.
PAGE i023 OF SAID PUBLIC RECOR~ THENCE RUN H 83'53'17' E ALONG SAID RI~HJ.OF-
WAY LINE FOA A DISTANCE OF 694.14 FEET TO A POINT ON THE WEST LINE Of PARCtl
IOS-I(ATER, RETEN110N AREA, AS DESCRIBED IN OFFICIAL nECOROS BOOI( 2603. PAGE 1023
OF SAID PUBliC REC~THENCE RUN S 07'01'30' ( ALONG SAID LINE FOR A DISTANCE
OF 822. 14 FEET TO 1 PO I NT ON THE SOU'fH LI HE OF SA I 0 LOT 'F' ; THENCE RUN S
83'63'16' M ALONG SAID LINE FOR A DISTANCE OF 694.30 FEET TO THE POINT or
BEG I NH ING.
SAIO' LANDS LYING IN THE CITY_ 9L_I(lNTER SPRINGS. SEMINOLE COUNTY. FLORIDA,
JCc
,-:
BAKER
&
HOSTETLERLLP
COUNSELLORS AT LAW
200 SOU11-l ORANGE AVENUE · Sill'rTRUST CENTER, SUITE 2300 · P,O, Box 112 · OR1.ANDO, FLORIDA 32802-0112 . (407) 649-4000
FAX (407) 841-0168
WRITER'S DIRECf DIAL NUMBER (407)649 _ 4 005
April 23, 1998
Don LeBlanc, Land Manager Specialist
City of Winter Springs
1126 E. SR 434
Winter Springs, Florida 32708
Re: Update to Plat Opinion Letter for Stone Gable dated October
17, 1997
Dear Mr. LeBlanc:
This letter shall serve as an update to that certain opinion
of title (a copy of which is attached hereto) that was prepared by
Baker & HostetlE~r LLP, Counsellors at Law, dated October 17, 1997,
for that certain real property situate, lying and being in the City
of Winter Springs, County of Seminole, State of Florida, to wit:
See Exhibit "A" attached hereto and incorporated herein
by reference.
This update to the opinion is based solely upon that certain
Title Certificate Report Update covering the period from October 7,
1997 at 5:00 p.m. to and including April 10, 1998 at 5:00 p.m. of
the Certificate of Title Information for the Filing of a
Subdivision Plat in the City of Winter Springs, Seminole County,
Florida as prepa.red by Fidelity Title & Guaranty Co., which covered
the period to and including October 7, 1997 at 5:00 p.m.
From our examination of the above-referenced Title Certificate
Report Update, we find fee simple title of record, as of April 10,
1998 remains' vested in Cambridge Development, Ltd., a Florida
limited partnership.
The proper~y is vested, however, subject to all exceptions
referenced in the Plat Opinion Letter of October 17, 1997 with the
following modifications:
1. Any unrecorded mechanic's or materialsmen' s liens against
the captioned property for any construction or improvements
performed to thE! captioned date.
2. Ad valorem real property taxes for the year 1998, become
an inchoate lien against the captioned property as of January 1,
1999. Same become due and payable November 1, 1998, but they will
Cl.EVEI.AND. OHIO
(216) 621-0200
COLUMBUS. OHIO
(614) 228-1541
DENVER. COLORADO
(.303) 661-0600
HOUSTON. T~s
(713) 751-1600
LoNG BEACH, CALIFORN'A Los ANGELEs. CALIFORNIA
(562) 432-2827 (213) 624-2400
WASHINGTON, O,i-
(202) 661-1500
.;
Don LeBlanc, Land Manager Specialist
City of Winter Springs
April 23, 1998
Page 2
not become delinquent until April 1, 1999.
property taxes for the year 1997 are paid.
Ad valorem real
If there are any questions in connection with the above
information, plf:ase do not hesitate to contact the undersigned.
:::::C:f:~~~~~
By: ~~
RICHARD T. FULTON, Partner
3492:23118\97002\stngblop.2
April 23. 1998
EXHIBIT "A"
UNO DESCRIPTION
THAT PORTION OF lOT 'F'l CHASE AHO COMPAHY'S SUBDIVISION OF ~jGNrA. ACCORDING TO
THE PlU THERIEOF AS RE~OROED IN PUT BOOK 6. PAGE 6~ or THE PUBLIC RECORDS Of
SEMINOLE COUNT't, FLORIDA, DESCRIBED AS FOLLOWS:
BE91 N AT THE Sj)uT~MEST COAHER JF SA I D LOT' r' AND RUN N 07'.00' ~9' " ALONG THE
)teST LINE (E SIUO LOT' F' FOR A DISTAHCE OF' 822. U FEET TO A POINT ON THE SOUTH
HIGHr.OF.WAY LINE Of STATE ROAD ~3~ AS OESCRIBEO IN OFFICIAL RECORDS BOOk 2803.
PAGE 1023 Of 91"0 MlIC RECORDS; THEHCE RIhf N 83'53'17' E ALONG SAID AluHJ-OF-
WAT LINE FOR A DISTANCE OF 69~. 14 FEET TO A POINT ON THE NEST LINE OF PARCEL
I05.WATEA, AETEII1 ION AREA. AS DESCRIBED IN OFFICIAL F\€COAOS BOOK 2803. PAGE 1023
OF SAID PUBLIC AEC~THEHCE RUN S 07'01'30' ( ALOHG SAID lINE FOA A DISTAHCE
OF 822.14 FEET TO A POINT ON THE SOU'fH LINE OF SAID lOT 'F' ; THENCE RUN S
83' 63' 16' " AtONG SA lOll NE FOR A 0 I S UNCE Of 69~. 30 FEET TO THE PO I NT or
BEGI NN ING.
SAID' LAHOS LYUIG IN THE CITY Of WINTER SPRINGS.
SEMINOlE COUNTY. FLORIDA.
~
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4
,/
PAGE:
1 L/C NUMBER: T526624
Barnett@
BARNETT BANK, N.A.
701 BRICKELL AVENUE - 8TH FLOOR
MIAMI, FL 33131
IRREVOCABLE STANDBY LETTER OF CREDIT
LETTER OF CREDIT NUMBER: T526624
ISSUE DATE: MAY 14, 1998
APPLICANT:
CAMBRIDGE DEVELOPMENT, LTD.
242 N. WESTMONTE DRIVE
ALTAMONTE SPRINGS , FL 32714
BENEFICIARY:
THE CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
AMOUNT: USD 49,096.60
FORTY NINE THOUSAND NINETY SIX AND
60/100'S USD
DATE OF EXPIRY: MAY 15, 1999
PLACE OF EXPIRY: OUR COUNTERS
THIS STANDBY LETTER OF CREDIT IS ISSUED IN YOUR FAVOR BY ORDER AND FOR ACCOUNT
OF THE ABOVE MENTIONED APPLICANT AGAINST THE TERMS AND CONDITIONS DESCRIBED
BELOW ACCOMPANIED BY DRAFTS DRAWN ON BARNETT BANK,' N .A. AT SIGHT,.
DOCUMENTS REQUIRED:
1. THE ORIGINAL LETTER OF CREDIT.
2. ANY ONE OF THE FOLIJOWING BENEFICIARY'S STATEMENT, PURPORTEDLY SIGNED BY THE
CITY MANAGER OF THE CITY OF WINTER SPRINGS OR AUTHORIZED REPRESENTATIVE AS
FOLLOWS:
"WE HEREBY CERTIFY THAT THE PERFORMANCE OF CAMBRIDGE DEVELOPMENT, LTD.'S
OBLIGATION HAS NOT BEEN COMPLETED YET AND THE LETTER OF CREDIT WILL EXPIRE
WITHIN 30 DAYS FROM THE DATE OF THE DRAWING WITHOUT BEING EXTENDED OR REPLACED
TO THE CIT,Y' S SATISFACTION."
- OR -
IIWE HEREBY CERTIFY THJ\T THE MATERIALS, WORKMANSHIP, STRUCTURAL INTEGRITY,
FUNCTIONING, AND/OR M~INTENANCE (MAINTENANCE REQUIRED TO ENSURE 'PROPER
OPERATION) OF THE FOL:LOWING IMPROVEMENTS: SITE WORK, SANITARY SEWER, STORM
DRAINAGE AND PAVING FOR STONE GABLE SUBDIVISION, SEMINOLE COUNTY, FLORIDA HAVE
BEEN DETERMINED TO BE UNACCEPTABLE, AND SUCH CONDITION(S) HAS NOT BEEN CORRECTED
DESPITE NOT~FICATION TO CAMBRIDGE DEVELOPMENT, LTD. THE AMOUNT OF OUR DRAFT
REPRESENTS SUMS DUE AS A RESULT OF SUCH DEFAULT TO DEFRAY THE ESTIMATED COST OF
REPAIRS TO THE IMPROVEMENTS."
PARTIAL DRAWINGS ARE PERMITTED.
THIS LETTER OF CREDIT SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING A
PARTIAL DRAW OR DRAWS SO LONG AS A S~i REr~INS TO BE DP~WN OR UNTIL THE LETTER
OF CREDIT HAS EXPIRED.
THIS LETTER OF CREDIT SHALL AUTOMATICALLY RENEW FOR A PERIOD OF 12 MONTHS FROM
ANY PRESENT OR FUTURE: EXPIRY DATE UNLESS A NOTICE OF NON-RENEWAL IS PROVIDED TO
THE BENEFICIARY AT THE ABOVE ADDRESS VIA COURIER, NO LATER THAN 60 DAYS PRIOR Tl
THE EXPIRY DATE. .
THIS LETTER OF CREDIT WILL BE CONSIDERED AS CANCELLED UPON RECEIPT BY US OF THE
ORIGINAL CREDIT INSTRUMENT OR UPON ANY PRESENT OR ANY FUTURE EXPIRY DATE
HERERUNDER, WHICHEVER SHALL OCCUR FIRST.
DOCUMENTS MAY BE PRESENTED TO TERRY BENSON, V.P., 750 SOUTH ORLANDO AVENUE,
SUITE 202, WINTER PARK, FLORIDA 32789-4895, PHONE: (407) 646-6481 WHO IN TURN
WILL FORWARD THE DOCUMENTS TO THE LETTER OF CREDIT PROCESSING CENTER IN MIAMI
FOR NEGOTIATION AND PAYMENT, OR DOCUMENTS MAY BE PRESENTED DIRECTLY TO MIAMI
ADDRESSED TO BARNETT BANK, N.A., 701 BRICKELL AVENUE, SUITE 801, LETTER OF
"-,?lIn.-t 11Qr,
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PAGE: 2 L/C NUMBER: T526624
Bmnett@
CREDIT PROCESSING CENTER, MIAMI, FLORIDA 33131.
DRAFTS DRAWN UNDER THIS CREDIT MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO.
T526624 OF BARNETT BANK, N.A. MAY 14, 1998."
WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN AND PRESENTED IN CONFORMITY WITH THE
TERMS OF THIS CREDIT WILL BE DULY HONORED.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY
CREDITS, 1993 REVISION-PUBLICATION NUMBER 500, ISSUED BY THE INTERNATIONAL
CHAMBER OF COMMERCE, PARIS, FRANCE.
/!J~ ~t~
AUTHORIZED SIGNATURE
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A REPLAT OF A PORTION OF LOJF,\pHASE ANfJ,GOMHANY'$~$UBOIVlSI.ON OF WAGNER (PB 6, PG 64)
I SECT ION .'. 36 ,TOWNSlll P 20' SOU:tH~" 'RANGE. '30 EAST' , ,
C I TY'OF . W INTEH:sPHINGs,:sEMlNolE;COUNT'( FLORi PA .
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".' ,: ',")', ,rH~ PLAf':lHEREOF AS AEconoeo J~ PLAT 800K 6, PAGE 64 OF THE PUBLIC RECORDS OF
" ,:1.,:' SE~lNOlE.eoUNTV, FLORIDA. OESCRI8ED AS FOllOWS: .
, , .. ," . · < B€G HI Ai' lH~ sou IHk€S (CORN€R OF SA 10 lO. r 'F' AND HUN N 07' 00' 49' H ALONG I HE
. ,; , " . : ' d, :'~~~~r~~~~w~v ~tt~El~: ;~~rE~~~A~ ~j~T~~C~E~tA~~~ot1NFa~:1~1A~ ~~6~~O~NB6~~ ~~~j~i
. "", PAGr.tO~3 OF. SAID PUBLIC AECORQS; THENCE RVN N 8.3'5.3' 17' EALONG SAID RIGIU.OF.
'. I;HAV,LtNSFQRA,QtSTANCE OF 69t 14 ~EETTO A POINT ON (HE WEST LINE OF PARCEL
, ';\}IQn~~A1Efl RErENflOij, AAEA, AS OESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
, .'" ': OF SAff) PUB~tC RECOROS; THENCE nUN S Ol'Ol' .30' E ALONG SAID LINE FOR A DISTANCE
, ,'.\,..Ote2l,14Feerro A'POHH ONfHE SOUTH,L1NEOFSAIDlOT'F'; fliENCERUNS
, " , ' , - '" '...\ aJ.163' 1'6'. 11. ALONG SA 10 LINE Fon A DISTANCE OF 694. 30 FEET TO THE POINT OF
',*;~ ',' " < eEG'N~)NG; ~ :~ '" . :.
,/)f ;t" " )' .".SA.{o tANO$ t."fJNG.' IN rHE CITV Of' WINTER SPRINGS. SEIotINOLE COUNTY, FLOIHDA,
, # ~,'e9~TAtNG iliOI AC~E~ MOBE OR LESS. ' .
NorES
BE,\I~ I NGS SHOWN HEJlEON ARE BASED ON THE BASEL I NE OF SIJIWEV FHGt-t S r A r ION
490.40, ~o fO STArlON 550.50.00 AS BEARING N 8J'SO'2J'E AS ~HOkNdN THE
HonlOA OEPAIH~ENr OF rnANSPOIHArH)N nIGHr~OF-W,~'(" :.{AP Fon SLHE n')AO 414,'
Ijfr.rlCN 17010'2516, SHEET llAST nE'/ISED S-1J~~4, .
? Nor ICf rH[I1( l~A,( Of ADOI rION,\L I1F.STAICTIONS THAT ARE Nor nECORD€O ON TlitS
Pl.\r THAf l,uy BE FOUND IN THE PUBLIC nEconos OF HilS COI}H'f. .
I~ 1 , ''if. I~ An~ ~lCN IUD'! -'l UNLESS NO fED f4 j TH (~~ I FOH rUO t Al
. ~A '~ .f~~~~Af !~( '.\t qHC r I '3HO;m HEHEON I S owNED BY THE OE'iELOPEIl
(.A;' " ) t b~ AND l A~~DSU~t flue r; SHO,,/N HEnEON I S owt~ED BY' fliE OF.V.ELOPER ' >,'
A'1r: '..A "4'A NEe 8'(' THf HO~f OWtiE~lS ASSOC!ATfCN ~OR $fONE G.48t.E.,
i-iA;!:. ')~OPl~IfATE~ lo4ANAGt.4f:NT M~EAJ SHOWN HEPEGN IS lJkNEO AND MAINf~INEO 8'(
"if '1CME :):1NEf~S ,\SSGC u r ION FOn S fONE GABLE
'QACT C t STOm-i~ATE~.MANAGI~ENr ARL\) SHOwN HEA~ON IS $l,;8.jECr TO AORAI,NAGE
AND l)flLl TV EASEl-IENf,O€DICAfEO TO THE CIT'f CF, WINTEfl SPAn~GS, : . '. '" .
8 LANDSCAPE EASEMENTS SHOWN HEnEON AnE OEO I CA reO (0 AND !.fA HH A'INEO '"6'i HiE
HOME OWNEI1$ ASSOC I A r I ON Fon S TONE GABLE, " .' , . . ,
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DEDICATED TO YHE CITY OF'WINTER SPRINGS. . ..,'
10, TRACT 0 (LANDSCAPE T1U"C t ANI} lJ Till T,(~ASE't~EN f) SHOi1~ HEREON 13 OWNED AND,
t-iA I NT A I NED BY THE, H9MEOWNERS ASSOC I A r I ON FO~ ~3TON.E ~ABLE, , . '. , ',. '" : i'
11. mAC T E (LANDSCAPE HUC T) SHOWN HEnEON IS OWNEO ANO ~flN r AI NEO BY THE; HOME
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TRACT E (LANDSCAPE mAcT) SHOWN H~REON IS S1.;a~EGr, TO A 'DHA.iNAG~ EASE,M'ENT, ::
13, ~INIMU~ BUILDING SETBACK liNES ARE AS fOLLOWS:
A. FRoNT SEr8ACK- 20 FEET
B. SIDE SETBACK- 5 FEET
C. IlEAA SETBACK- 20 FEET
0, SiOE STnEET SET8ACK': 15 FEET'
14, mAc'r A (COM~Enc I AL TRAC T) , IS. SUBJECT TO HiE FOl.LOH' NG 56 tBACKS:', ,
A. 50 FOOT BUllOING SETBACK FROU STAT~ HOAD 434 RIG~T-OF~WA,( LINE.
11 15 FOOT"PAAKING SEf.OACK F~f)H' STATE ROAQ 434 nIG~T~OF."WAY ~!Nf:
15, Lors 26 ANO 27 ARE SlJO.JEc(rOA' 15 FOOT BlJILDING SET8ACKFRO~<, THE. SOUTH
LINE OF TRACT 0 (LANDS~APE lRACT)~, " " , ," " ., ' . .,....: "
'16, ALL LOTS AIlE SUBJECT TO A to fOOT UTILITY EASE!-iENr, WHIJ:H '}S HEliEBV OEO'I- ,
CATEO AO.JACENT TO AtL STREET RIGHT-OF-WAYS. , ',' , ,: ". -.. I
All. Lors AHE SU8.JECT fO.\ '5 FOOT UTILlrY EASEMENf, .'wHICH IS H~RE8Y DEDI-
CATtD ALONG ALL SlOE Lor LINES (UNL€SS NorED OTHEnWISE}." ,', . .
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JOINDER AND CONSENT TO DEDICATION
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" 'THE 'UNOERSIG,NED HEREBY CERTIF'IES THAT ,'r IS THE HOLDER OF ~ MORTGAGE.
LIEN OR OTH~R ENCUMBRANCE UPO~ THE HEREON DESCRIBED PROPERTY AND THAT
THE UNDEASI,GNEO HEREBV JQINS IN AND CONSENTS fO THE DEDICATION OF THE
LAN.DS OESCR I BEO AeO~~ BY THE OWNER THEREOF, AND AGREES THA TIT'S
MQR(OAG~. IJ EN.. Oil OTHER ENCU~BRANCE, WH I cH IS RECOnOED I N OFF Ie I AL
RECORD aOOK a~ 0 ~ "PAGESJlO'/..A l OF THE PUBLIC RECORDS OF
SEt-flNOlE<COUNT'f . FLORIDA . SHALL BE SUBORDINATED fa THE ABOVE
.D,~O I CA f:I.ON. 1, '. . ' , '
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lHE~.fOA~GO INg JO I NDER ANp CONSE~T rO D~Q I CA T I Q.N ,JAS ACf~OWlED_UED
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OCCEE.FLonIOA 34761
PRO.JEC r NO. 76J5, 004 ( ion an. 797~ L 3. NO. '525i
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STONE GABLE
DEDICATION
KNOW ALL MEN BY THESE PRESENTS. TIiA T THE L I!~ I rEO PAR fNERSH I P NA~ED
BELOW, BEING THE OWNER IN FEE SIMPLE OF TIiE LANDS DESCRIBED IN THE
FOREGOING CAPTION fO TfilS PLAr, HEREBY OEDICATES SAID LANDS AND PLAT
FOR HiE USES ANO PURPOSES THERE I N EXPPESSED AND OEO I CA rES THE S TREE TS,
U r I L I TV EASEMENTS. AND ORA I NAGE EASEt.1ENTS SHOWN 11EREON fO THE PEIWE TUAL
USE OF THE PUBLIC,
IN WITNESS WHEI1EOF. HAS);CAUSED retESt, ~~[~~ rs fO BE SIGNED BY THE
OFFICER ?HEO 8ElO~ ON --~-ft')l,'-(U:/,(J-!L-LL-------
CAH8RIOql OEVE~oVMl~lID'
8Y! f/ltl2?it~~~--,--------,
DAif~~A. BENNE T T
PI1ES I DENT
~~~ A~O SEA~~\~'NtrHE,p~E OF:
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phTNTED Nite: dt~ A.~r~s:c;
aa!H{,'(l<.V"t_) '_ </.!~~d!
PRINTED '(A1~E'iV"'I.,,'I.~t:1 r(. J.t!,,;~
(
STArE OF FLORIDA
~ - ~ l
COUNTY OF_~~~!\l~\~_ ~~__________
THEIJ~~qING INSTRUMENT HAS ACKNOWLEDGED BEFORE I-1E r~11 S
--\ _tL~!A_____ BY DANA A. BENNE T T, PRES I DENT j1jHO
ACKNOWLEDGES THE ABOVE DEDICATION TO BE HIS FREE ACT AND DEED FeR THE
USES THERE I N EXPRESSED, HE IS PERSONAlL'( KNOWN TO" ~E ~ f!Aif P.~t}tjI~GE~
-~_D_A__~_~__6_A..~_:& ~. )&Iif{fZ;ft~~l&~,
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PR I N TfO NA~E' ..1\" b ~ ('(.,,~..Lc;
NO T AR'f PIJBLI C :> P' If. 0 ~ ({I;> \.~ J <-'.
COMMISSION NUMBER (:;;l;{~)~Ll1!~.___
MY CO~MISSION EXPIAESJ~Jt{~l~~~l~bO
-~~....~~
CERTIFICATE OF SURVEYOR
KNOW ALL MEN 8Y THESE PRESENTS. THA T THE UNDEI1S I GNED, ., I LL I Af~ J,
BLACKHAM. A LI CENSED AND REG I STEREO SURVEYOR HEI~EBY CERT I F I ES THA T ON
MARCH 01. 1996 HE CO:-iPLE TED THE SURVEY OF THE LANDS AS
SHOWN ON TJ1t FOREGOING PLAT, THAT SAID PLAT IS A CORRECT
REPRESENTATION OF THE LANDS THEREON DESCRIBED AND PLATTED,
THAT PERIotANENf REFEIlENCE t-iCNUMENTS HAilE BEEN PLACED AS 5l10~N THEr1EON
AND THE SIJHVE'( DA T A CONT A I NED HERE I N CCHPll ES ,., TH ALL GF THE
REQUIRE~ENTS OF CHAPTER 177 AND THAT SAID LAND IS lOC.'EO ,~ SEMINOLE
COUNTY, FLORIDA
l '2. / '11 ? Z
If.. a /AIEL__________L__ -------.
S'GNAILRE-wiLLYli~J~-BL1~H~~~S~AL-[ANO-SURVEY6R------------
FLORIDA LICENSE NUMBER 4334
CERTIFICATE OF APPROVAL BY
MUNICIPALITY
THIS IS fa CERTIFY, THAT ON ......,....... THE CI TV OF I~INTER
SPRINGS , FLORIDA APPROVED THE FOREGOING PLAT,
l-iAYOR
A TTES T:
CITY CLEnK
~ .~~~-~~-----~~-----
CERTIFICATE OF CLERK OF CIRCUIT COURT
I liEHEBV CERT I FV. THA T I HAVE EXAI-i I NED THE FCREGO I NG PL A T AND FIND
THAT If CO~PllES IN FOnl-i 1~1 TH ALL THE HEGUIHEMENTS OF CHAPTER 177
FLOR I DA STATUTES, AND :1AS F I LEO FOR RECORD ON
AT.
FILE NO" ,
t 4 . . . I . . . . . . . . . . .
CLERK OF THE COURT
fN AND FOR SE~INOLE COUNTY, FLORIDA
BY, , , , , , , . , '. , , , , .
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A REPLAT OFA PORTION OF LOr.F . CHASE,ANO COMPANY'S SUBDIVISION OF WAGNER (PO 6. PG 64)
. SECT! ON 35. TOWNS,H IP20,SOUTH, RANGE 30 EAST
C tTY OF .'. WINTER SeRI NGS,' SEM I NOLE COUNTY. FLOR I OA
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C I V I L ENG I NEEn I NG 0) MAPP' NG 0) SUnVEY I NO
5~a W.SllYER STAn EXIENSIOH
CCOEf.FlORIOA J~751
(40/)81/..pj/9 '
~1OJEC f :i0. 1m. OO(
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WINDING HOLLOW UNIT 1
. PLATOOOK 41. PAGE 9A
l. 8. NO. 52'iJ
PLAf BOOK PAGE
- ~~-~--
SHEET 2 OF 2 SHEETS
LEGENO/ASBREVATIONS
~J - OE~ T E S P:;J4 (PEHMANf.N T REf (PEN( E HOM':l-(N T )
SET 4' X .1 CONCRETE MU~~E~T ('.33~)
o . ({:<<lTES PCP ( PERlU.~HH r:OIHROl POINT)
~T lUlL ~I m OISK (lS H34)
_r- - C~J~TES CHANCE IN OIAECTIO~ (NO POINT SET )
t - (f,IHEF.lIN(
C 40 - C1;1WE N\.;lo!&ER
PC - POIHT Of ClJlWArURE
PT - POINT Of fA.~Gf.NC'(
Ill'" - ::lIGHf-Of-j(AY
P. a. - ~Ar 8OCl<
PG - PA&E( S)
OR . OfFIC"l IlfC000S BOOK
FOOT - fLOllIOA o(P~.lH~!H Of TRANSPORTATION
RP - ftl.OluS POINT
PI - ~)IHT Of IHTE~Sf.CTIGN
~
60 30 I) 60 120
F ~
---, "-," -..._---
SCALE P · 60'
NOfES
L 8E,'RINGS S110~N HEREON AJ;E 3ASED ON THE BASELI~E OF SURvn FRO~ 5THION
t93. ~a..8 TO S fA r II)I~ '550.50. 00 AS BEAR I NG t~ 83150' 231 E AS SHO~U ON THE
FL0l110A CEP,lJH~ENT GF fRANSPCIHATION RIGHT-OF-HA'( lta.P FOR STATE RO,'D 434.
SECTIQM 710/Q-25l6.SHEET J.L~ST REVISEO 5-l3-94.
2. NOTICE - n~ERE )4AY BE AODITIO:tAL PESfRlCTIONS THAT ARE i10T I~ECOROED ON THIS
PLAT THAT 14AY BE FOl.mO IN THE PUl3LlC RECCHOS OF THIS COUNTY,
3 LOT LINES ARE NON-RADIAL UNLESS NOTEO ~ITH (RI FOn RADIAL,
4. TRACT" (CC~loIEHC I AL TRACT) SHO~ HEREON IS ONNEO 13'1 THE OnELCPER.
5. TRACT a (SIGN ~l~O U.NOSCAPE TRACT) SHO~N I1EI~EON IS O~t\ED BY THE OEVELO~ER
A~O ~AI~TAINEO BY fHE HG~E OWNERS ASSOCIATION FOR STONE GABLE
6. TRACT C (srCm.(~ArER 14AlUG~ENT AHEA) SHONH HEREON IS O~NEO .l.NO i.ultH"I~ED 13'(
THE IiC~E O~HEI1S ASSOC I.H I e/'4 FOR STO~E GM3lE
I. lHACT C ( srOP.loll4.HER ~ANAG~EHT AREA) SHON:4 HEREON IS SUBoJECT TO A DRAIN,'GE
.\~O UTILITY EASf,lo;EfH CEDICATEO TO rliE CITY OF l4I1HER SPr1INGS,
8. LAaOSC,\PE EASEJ.CEHTS SHOkH HEPEON mE OEOICATED TO ANO lHINfAlNED BY THE
HCl~E OliNERS ASSOC I AT' ON FeR S TONE GABLE.
9. INGHESSI EGnESS !lIGHTS ro STATE AO~O 0'- FRO:" LOTS 26 AND 2l 1$ HEREIn
OEDICAfED fa THE CITY OF ~INTER SPRINGS.
lO. lRACT 0 (UNOSCAPE TlUCT AHO UTILI f'( OSE~HH) SHOWN KEPEON IS O!-f:1ED AND
!U IrH AI~EO BY THE HG~EO~NEI~S .'SSOC I AT ION FOR STOhE GABLE.
11. TR,'CT E (Ul~OSCAPE fRACT) SHOl\N HEREON IS O~~ED AND !""NL\lNEO B'( THE HO~E
O!\I'lEnS ASSeCI.HION Fan ST01'lE G~BLE.
l2. TR,'CT E (L"NOSC.~E mAC f) SHo:\a HE11EON I S SUBJECT 10 A DI~'\ 1t4AGE L~SE~WT.
II l4lNI!~Ij~ BUILDING SETBACK LlriES .'IiE AS FOLLO~S:
A. FRCNT SET8ACK- 20 FEET
a. SIDE SH8ACK- 5 FEET
C. REAI~ snBACK- 20 FEET
O. SIDE STREEf SETBACK- l5 FEET
t4. mAC T A (CO~~ERC I AL rR.'CT) IS S/JOJEC T TO THE FOLLO:~ I NG SETBACKS:
A. 50 FOOT BUILDING SETBACK FRC)4 STATE ROAD ~34 RIGHT-OF-WAY LINE.
II 15 FOOT PAHKIUG seTBACK FRC\.t SUTE HOft,D 434 HIGHT.OF-lt\Y LINE,
l5. LOTS 26 AHO 27 AHE SUB.JECT TO A i5 FOOT BUILDING SETBACK FRO~ THE SCUTH
L1f~E OF TRACT 0 (lANOSC,\PE TRACT).
16, ALL LOTS AI;E SU8.JECf TO A 10 Foor UTllIf'( EASE~ENT. ~1ilCli IS HEHEI3'f DEDI-
CATED AOJACHH TO ALL STHHT RIGIH-OF-W.'VS.
ll. ~lL LOTS .l.nE SIJ3,JECr TO.' 5 FeOT IJTILI f'( EASEkENT, NlilCli IS HEl1EBY DEDI-
CATED AlCNG ALL SIDE LOT LINES (U~LESS NorED OTHERWISE),
~:ve ~ R,]diu~.Qel t,]___~~
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C26
C21
C28
C2lJ
CJO
C31
100. 00' n' 26' 0')1
100.00' .JI26'O~1
50. GO' 8')105' 5,il
50. CO' 901 54' .~71
130. 00' 01 26' 0<]1
100. 00' i:J' 26' 091
t25. 00' 4}' 26' 0')1
75. CO' 0126' 0')1
15. 00' 301 5l' 5.)1
15. 00' 121 3~' 161
15, 00' 89' 05' 5~1
/5. 00' 10123' 50'
IS, 00' 2 )'1)1)' Jal
~O. 00' I)')' OJ' 3'51
/5. GO' 50' ~ l' 261
25. 00' 39' 05' 5 tl
25.00' 90154' 4}1
15. 00' 90' 5~' 4 JI
/5. 00' 23' 0 l' 51)'
/5. 00' 1 ')' 2.3' 221
15. 00' 25' 35' 5')1
IS. 00' II' fl' 281
25.00' 89105' 131
25, 00' ')0' 5,t' 061
25, 00' 8')105' 541
25. 00' 'JO' 54' ~ II
25.00' /0' 31' 4,P
5Q 00' 250'31'4JI
50. 00' 19106' 401
50, 00' 82' l5' I)'
5Q 00' 80'06' 161
15.8t
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98. 55
15, 81
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56.86
40. iO
16. ~6
116,63
13. 12
36 56
1.91
66. 35
38.38
3r1 67
119. 00
36, 33
25. 38
33.51
23. 2'3
]8.87
39. 66
:38.88
39, 67
30. 17
218, 63
69.0~
71. 713
69, 90
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CACO FilE: CAOO/PRO.JILEff/SfGA8Pl2.lt 06/01l'3a
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A REPLAT OF A PORTION OF LOT F . CHASE AND COMPANY'S SUBDIVISION OF WAGNER (PB 6. PG 64)
SECTION 35 TOWNSHIP 20 SOUTH, RANGE 30 EAST
CITY OF WINTER SPRINGS, SE~INOLE COUNTY, FLORIDA
NO T [S
BEARINGS StlOWN HEREON ARE BASED ON THE BASELINE OF SURVEY FROM STATION
498+4848 TO STATION 550+50,00 AS BEARING N 83050'23'E AS SHOWN ON THE
~ l onln/; DEP/,nH~un OF Tn~,NsPomAT Im~ RIGHT-OF-WAY ~AP FOR STATE ROAD ~3~
SFfT:nN 77070'2~HJ, SHErr J LAST REVISED 5-13-94 ..
NOT ie[ THUlE ~ft,Y BE AOD, T iONI.L RESTRICT IONS THAT ~,m: NOT nrCOROfD ON HilS
~\,.,~ TH~: ~~/Y AF ~OUND iN THE PUBlIC r![CORDS OF HilS COUNTY
~cr H1F ...r)~~ ;;A["~'L u~~lESS NOTED WiTH [rn rQrl HHlIAl
',-6 ,m't~j, 6 ';jV' SHO,:~, HU1Em, 'S OWNLO BY THE. DEVnOPfFl
'..f; ~~ o~{ ANC)UPE. Hl~CTJ SHO,tN HERrON IS OWNrD BY THE. orvnOPEn
,Po{ lit. ~ ~ ~f~ B~ 'H~ .10~~r ,JWNFRS ~SSOCiAT'ON rOR STONE G~,BLf.,
-t :~~~~l~E~1 ~A~AG~ENT AREAl SHO~N HERrON IS OWNED AND ~AINTAINrD BY
-" ,<"~~ ,r.~r~!s ~,S~}GC ~. T' ON ron STONE GABLJ
~a, . STOR~WATER ~ANAGMENT AREAl SHOWN HEREON IS SUBJECT TO A DRAINAGE
IN[ .:T1L Ty USE~ENT DEDICATED TO THE CITY or WINTER SPRINGS,
LANDSCAPE [ASE~ENTS SHO~N HEREON ARE DEDICATED TO AND MAINTAINED BY THE
HOME OWNERS ASSOCIATION FOR STONE GABLE.
INGRESS/ EGRESS RIGHTS TO STATE ROAD 434 FROM l.OTS 26 AND 27 IS HEREBY
DEDICATED TO THE CITY OF ~INTER SPRINGS.
T ~lAC T 0 (U,NDSU.PE TRACT AND UT 11IT Y EASntfNT) SHOWN HEFlEON I S miNED AND
~AINTAINEO BY THE HOMEOWNERS ASSOCIATION fOR STONE GABLE, .
TRACT E [lANDSCAPE TRACTl SHOHN HEREON IS OWNED AND ~AINTAINEO BY THE ~IOHE
OWNERS ASSOCIATION FOP. STONE GABlE.
TRACT E [LANDSCAPE TRACT) SHOWN HEREON IS SUBJECT TO A DRAINAGE EASEMENT.
~~INI~~U~l BUILDING SETBACK l.l~~ES 1.RE AS FOLLOWS:
A FRONT SETBACK- 20 FEET
B, SIDE SETBACK- 5 FEET
C, RU,R SETB',CK- 20 FEET
D. SIDE STREET SETBACK- 15 FtET
TRACT A (COMMERCIAL TRACT) IS SUBJECT TO THE FOLLOWING SETBACKS: .
A, 50 rOOT BUILDING SETBACK FROM STATE ROAD 434 RIGHT-OF~WAY LINE.
B, 15 FOOT PARKING SETBACK FROM STATE ROAD 434 RIGHT-OFrWAY LINE.
LOTS 26 AND 27 ARE SUBJECT TO A 15 FOOT BUilDING SETBACK FROM THE SOUTH
liNE or TRACT 0 (LANDSCAPE TRACT),
Hi ALL tOTS ARE SUBJECT TO A 10 rOOT UTtLlTY rASH-fENT, WHICH IS HEREBY DEDI-
CA TED !,OJACENT TO ~,LL STREET RIGHT -Or-WAYS,
8
9
10
11
1?
13
14
15
17 ALL LOTS ARf SUBJECT TO A 5 FOOT UTILITY EASEMENT, WHICH IS HEREBY OEDI-
U, TED ALONG H.L S I DE LOT II NES (UNLESS NOTED OTHERH I sn,
l.AND DESCRIPTION
THAT PORTION or LOT 'P', CHASE ANO COMPANY'S SUBDIVISION or HAGNER, ACCORDING TO
HIE PLAT THEREOF AS RECORDED IN PLAT BOOK G, PAGE 64 or THE PUBLIC RECORDS or
Sf~ I ~WLr COUNTY, FLOR I [lA, OEseR I BED AS FOlLOHS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 'r' AND RUN N 07'00'49' W ALONG TtlE
WEST LINE OF SA 10 LOT 'F' FOR A D I 5T ANCE or 822. 14 rEET TO A PO I NT ON HIE SOUTH
~IGHT-Or-HAY LINE OF STATE ROAD 434 AS DESCRIBED IN orflCIAl RECORDS BOOK 2803,
P~,GE 1023 OF S1.10 PUBLIC RECORDS; THENCF RUN N B3'53'17' E ALONG SAID RIGHT-OF-
WAY LINE FOR A DISTANCE OF 694.14 FEET TO A POINT ON THE WEST LINE OF PARCEL.
I05-HATER RETENTION AREA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
or SAID PUBl.IC RECORDS; THENCE RUN S 07'01'30' E ALONG SAID LINE FOR A DISTANCE
OF 822.14 FEET TO A POINT ON HIE SOUTH LINE OF SAID LOT IF' ; THENCE RUN S
83'53'16' H ALONG SAID l.INr FOR A DISTANCE OF 694,30 FEET TO THE POINT or
BEGINNING. '
SAID LANDS LYING IN THE CITY or HINTfR SPRINGS, SE~INOLE COUNTY. FLORIDA.
CONT A I NG 13. 101 J.CRES t-lORE OR LESS.
TO UXf MAJRY ~~'D SA~roqD
N
LONCIWOO
V
I ~Kr ,(SSlJl
..-.:.'t_q-\ ---
y~ S I Tf. j "'--@>-- TO OVIH~
. WINTHl
SAAINGS
C~SSfl6EARY
NOT TO S~O,l r
TO VoA ITU.NO
tOGA T I ON JMAP
NOT TO SOH
. b... """'
--_._--------- -.--.------------
L [9~HPj.ABBn.E VA ~lQt{~_~__~-- _ ____.______...
~'l
Df~0TfS p~~ (prp.~A~t~T ~rrrRf~cf ~3NV~NT 1
SfT ~. X ~' COW:-.RfTr j.fQNIJ..tnn t .4334)
DOl'Hf S per' I p[p.~ANrNT CONT ROl PO I NT )
Sf 1 ~, Il Wi HI (J I S~ (l S <1334)
or~')TfS UU,N(,[ 'N D!~fCT IO~ (NCI POINT SfT J
rf"Tfn~ ,~~
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'.
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;)0 ~ ~ ')f ~ T f P.SU' Q~
.,\
~@[ftl~ rb@Wu~l1.D ~ ~&\Ullt~~ Q [riJ~~
c: i V I L F.NG I NEER I NC-i 0 MAPP I NG 0 SURVEY' NG
~68 ~ SILVER STAR EXTENSION
OCOfE. FLORIDA 34761
~;ROJECT NO 765 004 [ 407) 877-7979 l B N8. 5257
s-rONf: GAr~l f.
JOINDER AND CONSENT TO DEDICATION
THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF A ~ORTGAGE.
liEN OR OTHER ENCUMBRANCE UPON THE HEREON DESCRIBED PROPERTY AND TtlAT
THE UNDERSIGNEO HEREBY JOINS IN AND CONSENTS TO THE DEDICATION or THE
LANDS OESen I BrD 1.BOVE BY THE OriNER THEREOF, AND ~,GREES THAT IT'S
MORTG~,Gr. L I EN~ OR OHIEP. ENCU~BRANCE, ~:H I CH I S RECORDED I N OFF I C 1M.
BECORD BOOK ..~:J(I"" I PAGES JI01.'A I OF THE PUBL IC RECORDS OF
SEMINOLE COUNTY. FLORIDA , SHAll BE SUBORDINATED TO THE ABOVE
OrDICHION,
SIGNEO J,ND SEALED IN r~/\RN(-rr fl/illK (;( (,fIJ1J~Al.
Tf{ PFlESrNCE OF: Ft{)~ In h J ,~. A. L
4.P.Nv!A{~df1A~ Cmm .~;r~$.~<~j1_v-1IM..!.l!. J_~~ 'f(
t~. J>t....> t\t..... II,. l.-fIIl'5l..,' 5' n::I-'E-^/ &i~ /i1"~ 1~(>1jj'h
Cli1hw,(\.JJ.lP!(_______m_ V/t'L ~ /,/lHIj?l^~,-
)t..f,()(\ ~~<<(t~."
ST ATE OF flOP. I DA COUNTY OF t2lJY\'J.G.._____ __ ___
THE FOREGOING JOINDER AND CONSENT TO DEDICATIQN WAS ACKNOWLED]EO
BEFORE ~~E ON 1NMH:I_~J!l18__ BY 5"ilf~\1(!L'X_ln.(jK.f~l.!!!~!-:-i;l._V:.E.__
WHO ACKNOWLEDGES THr ABOVE DEOJ.(A T ION TO BE HI S FREE ACT AND uEED For~
HIE USES THERE IN ExpnrSSED. (HD'~HC I S PERSm~ALL Y KNDrtN TO ME M ~f,t
PfmDocf.-o ~__~~__~~_r:......__~;:_~Arr-~OHtr I MtAi1UH:
(1.-J'1!J-!.JJ~--C2f1)~e~ . .' ..",. -~;~;'.::~~~~~~"J';
ahRY PUBt Ie: ~.: , . ""..,,, ~l. W,(.
-j) 1 J.. {j ( l -;/ J"'\. .; , )f~ rrrJ .~:'I.J''Y We\" It,~f.,rj;''''1
I I I-''-'\.I t. -A't-\ ,...;r\ft -.___ 'J)"l'..fr'S.ON~:ll!ll!I"I:C../\,.~~~"7_~-~~-r.;;,!If'),-.,v
_...... 'V.J~ ..9J_I\ ,_ "__ _______.._ V~.JnM ~~l ~'TT..__.~..._;lf_.'__'___
PRINT[[J N~.~r. ~Y COM~HSSION EXPIRES: ____________
CADO r:lf CADD/PROJ/LfFF/STGABDl1 ~ 12/09/97
~~~.J
PLAT BOOK PAGE
SHEET 1 OF 2 SHEETS
..
STONE GABLE
DEDICATION
KNOW ALL ~~E.N BY HIES[ PRESENTS, THft.T THE LI~IITED PARTNErISHIP NA~ED
BELOW, BE I NG THE OWNER IN rEE SIMPLE or THE LANDS DESen I BED iN THE
FOREGO I NG C~.PT ION TO TH I S PLAT, HEREBY OED I CA TES SA I 0 LANDS AND PLAT
FOFl THE USES ~,ND PURPOSES THEREIN EXPRESSED ~,ND DETJICATES THE STnEETS.
UT I L I TV EASH1ENTS, MW DR~, I NAGE EASE~ENTS SHOWN HEnEON TO THE PERPETUAL
USE OF THE PUBLIC
I N ~ I TNESS rIHEREOr. HAS... 'CAUSED T~ESEl ~.F} S~NTS TO BE SiGNED 8Y THE
OrF I CER NA~![D BELOW ON _ _ ...Jftfj!:.(:\.{~t/~ _! L _ J -' _'____ __ u.
!
"
/',
./
CAMBR I [)()E DEVEt,<fP~tf(T. L TD
I ~ · .
BY 6l~j7Af{{jt;(~-:_--_u um
PRESIDENT
~,~.GN~ ~.N.O ,Sf.AL~O.AN ,.T ~.If PR..ESENCf or
/1M{' ~- , \, J' I r 1:-" ,7
n"-_ \ -_ ~_J ~':r J ~4::'-~'t.~ _
phlN ED )J ~IE: G~~ ,-.I '\. lJV)s~
~
I r..1 i
Ba.~1-<la/j.J_-f__~ _._:~.?J:' l~
P~INT[D r~)'r/,,'''/~ A/-6f "r. f-I{lf
STATE OF FLORIDA
<. . ,
C OUN T Y OF _ ':....l f'!1 j ~~) _ ~ ,_ _ _ _ _ _ .. _ _ _ _
THE! FUR~~OING INSTRUMENT fj~,S ~,CKN8,aEDGED BEJOnE. ~lE :h
-_\ :11._1'>: _____ BY D~,NA A. BENNETT, P~IES I DENT ..:HC
ACKNOWl.EDGES THE ABOYE OED I UJ I ON TO BE. HIS FREE AC T ~ND OU [} F or~ ; HE
USES THEnE IN EXPflESSED, HE IS PUlSONML Y KNOWN TO,~E PH ~ie' ~!ftO~)U{?fiJ
_I":._x.... x_ _~~_y:'- _7"_,_y~, x:-~. ~S J6r~l1'f4Af,\ffft
I I,.
, . (-(- .J
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; _. - - - - - - _ - - .. _",,~ .JI '. _ _ _ ~_.J.
Dfll N H 0 ~H~E ( '. n '1" (;' f '('r-t ,'~ C\ (..
NOTHIY PJBL Ie ~'Pi,X1" (:~ {:t(,(:J("~_
C ml~ I SS ION NUM[JE R ':.~('~~_~.1 J ~~:.. _ _ '...
-" ~~y COM~lISSION EXPIRES'!''''Fa~.l~.d('''#''
CERTIFICATE or SURVEYOR
KNOW ML MEN BY THESE PRESENTS, THO THE U~'ClUIS I GNED, PI I LL I 1<)1 ..J
BU.CKHA~. A L I CENSfD ft,ND FIEG I STfREO SURVEYOR HEP(8Y CErn I r I ES THU ON
~ARCH 01, 1996 HE CO~PLETEO THE SURVEY OF THE LANDS AS
SHOWN ON THE FOREGOING PU,T, THAT S~,ID PUT is t c.o~mECT
REPnESENHT I ON or HIE. LANDS THEFIEON DESCRiBED ~,N[ p~ P~ED
T HAT P E m1 ~, N E NT R r F Ul r NeE ~~ Cl N U.~ un S H ~, v E 8 r [ N P ~ A ( E = ! ~ 3 f' 0 r: ~ ~ '1 F P, E C ~
~,ND THE SURVEY O~, T A CONT~, i NED HU1E N C ~~~!r t: ,; T., A~ '- c;r ~ HE
REaUltlD!ENTS or CHAPTER 17" UW 1HAT 9 = _A~: ~'. _.C~A'._ "-t:~j ~C_~
COUNTY, FLOR I Dl,
, '
-) 'l cl - 1
J)ftTE[J ,..",
I I T'I\J'V.f1__: C ~f.~,,~_~ ^.. . _____.______J._.d - ..
S GNII URf. ~i l L~ A~' j--BLA6KHk-PRoFfSS~NiL -LIND- SURVf iriR . .. .
rLORIDA LICENSE NUMBER 4334
CERTIFICATE or APPROVAL BY
MUNICIPALITY
THIS IS TO CERTIFY, TH',T ON THE C!"r OF r. Nnn
spn I NGS . FLorI I DA APPROVEO THE FOREGO I NG PU T
~~, y on
~. TTEST
l ~ p",
CERTIFICATE OF CLERK OF GlnCUIT COURT
I HEFIEBY CEm IFY , THft,T ! Hft,Vr EXA~~!NED THE FOREGO NG ~\ fti ft,NC; f ~=
THAT IT COMPLIES IN FO~~ WITH ML THE mOUim)~FNTS 0F Ch~,p;rn ~--
FLOnlDA STATUTES, bND ~AS FilED ro~ ~ECORD ON
u
F :L[ NO
Cl.ERK OF THE COU~T
IN AND FOR SEMINOLE COUNTY FLORIDA
BY
o c
.~
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'1:. ' -' l~~_______ H1ACT 0 . 340 O~' [LANDSCAPE ~r~ACT ~ I~m~ Hs~E;~~'--I;~O~:{. ----- - '-- ----
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A REPLA'f OF A PORTION OF LOT F CHASE AND COMPANY'S SUBDIVISION OF WAGNER (PB 6, PG 64)
SECTION 35 TOWNSHIP 20 SOUTH. RANGE 30 EAsr
CITY OF WINTER SPRINGS. SEMINOLE COUNTY, FLORIDA
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(STOR~WATER ~AN~GMENT A~EA)
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C I V 11_ ENG I NEEn I NG ., MAPP I NG ., SUnVEY I NG
568 ~,SILVER STAR EXTENSION
OCOEE. FLORIDA 34761
~J~(IJECT NO, 75500~ l~on8n-7'J7'J L.B, NO. 52'S7
n~ AC T G
~~ I NO I N G HaL L 0 ~1 UN I T 1
PLAf BOOK 4f, PAGE 9~
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PLAf BOOK PAGE
SHEET 2 OF 2 SHEETS
LEGENO/ABOREVATIONS
---..--.. ----~_.._----_._.-,-_._..- - .----..--.-
GJ DUlOTES P::'>l i PEM:~A~ENT hHEPENCf ilI(,NU(NT
SE T ~' y t' CG~C:ifT [ :.lliNV~[ NT, 034 !
[~) [H()TES PCP [ Pfr..~A:~(~' CO~T~Ol 1-'0 ~n i
::,u NAIL ~IIH 111S~ lL~' 034)
. CE~TES CliA:-lGE IN D I r~EC T I GN [NO PO I NT Sf T
<- lENTEr:lll NE
U u CU!WE NL:.c8U~
~\( PO INT Of CUIWA TURE
~. POI~l Qf rANGE~CY
~l,~ f.ll :)-IT. Of. :~A y
p 8 Pt .. T BOCK
~'G PAGU 5)
i)~ OFF I C IAL I~ECOnOS BOCK
FOOT. FLCRIOA iJEPHlTi'lENT Df HUNSPOfHHIIJN
rw, rHOIUS POINT
PI. PO i NT Of I N 1 f RSEC T I GS
~
60 30 0 60 120
r--~"" ,. ,,~, . -----------:J!.'.)li-~...,.'t,ii1',t;ll ;lI.'l".:l'J.;.-""'''.1 ~~\~,.,
~ '. .,~ ....~... " "::..' ._.~1~~~-"-',~,
r;~.... ____'~_mn'~,~~:I": - -----=:..______
SCALE II · 60'
NOfES
BEArilNGS SHOltcN HEr~EON ARE BASED ON THE B~SELINE OF SURVEY FRQ:.I STATIQN
il)8d8_ ~B TO ST~TION 550.5000 AS BORING N 33.50' 23.E AS SHD!t.N ON THF
FLORIDA DEPART~ENT OF TRANSPORTATION RIGHT-OF. SAY NAP FOR STATE ROAD .34,
SECTION 77Q7Q-2516 SHEET 3. LAST PEVISEO 5-13.94
2 NOTICE. THE(:lE IolAY BE ADDITIONAL RESTRICTIONS TH"T ARE NOT I-iECGRDED ON THiS
PLAT THAT :.4AY 8E FOUND IN THE PI;811C ~ECORDS OF THIS COGNTY
3 LO! Li~ES AnE NQN-RADIAL UNLESS NOTED ~'TH (Rl FOP RADIAL
HUC1 A [CC:,l~ERCI~l TRier) SHO,N HEREON IS U~~fD BY THE CDEI.UPf'p
S TRACT 8 (SIGN "NO L"NDSCA~E TRACT) SHO'N HE~EON 15 O~NED Bf THE DEvELO~E~
A~D ~AINTAINED 8'f THE HC;"E Ol\NERS ASSOCIAT:ON FOR STONE GAB~E
6 '~ACT C ! STC~~WATER ~lNAG~ENT AREAl SHO~N HEREON IS O~NED ANC ~A!NTA:NED BY
rHE HC~E O~NERS ISSOC AT I eN FeR STONE GABLE
IfH(T C [ STGI~~~ATER ~ANAG~ENT ARO) SHI)~N Ht!1ECN IS SI;t3uECT TO A C~~AI~AGt
A~[1 VILifY HSE)oIENT DEDiCATED TO THf Cln OF SINTEr; SPr:lI%S
8 LANLSCAPE USU4fiHS SHO:.N I-IEREGN "HE DEDiCATED TO AND :.4AiNTA'ritC 6Y irif
14C4F C~NE~S ASSOC UION rCH STGNE GABLE
!NG~ESSI EGPESS QIGHTS fa STATE ROAD 43. F~C~ lOTS ?G AND 2: c ~E~~8'
~EJ CATED TO THE (I TY OF ~INTER SPqlNGS
1~1 r'1~CT 0 (L,'NDSCAPf T~HCT ,(1'10 UTili n E\SE.~ENT) SHC!liN '-E-"EON IS C'~E~ A',~
~H!N1AINEO :~r r:,r HC:.lEO,NEr~S ASSOC,A' ON "OP ST;~NE ~"[~~~
il TRAC1 ~ lLANOSOPE HUeT} Sf'O:,N HEPEON IS r.J,NED M1C ~A:NrA NE y 1,,[ I"j~E
lJ ~Nf iiS ASSC( I A T I ON ~ O~ S T 01\E G ,tBl E
: ,1
;iJA~' E ;IANOSUf:E TRACT) SHO>tN ,iEPEGN IS SGBJECT TO .. OfH'NAljE EAsr~p~T
1 -
;4 ~,:~G~ 8UIlOING SETBACK L iNfS ARE AS ~ClLO~S
, rRONT SETBACK. 20 FEET
~ SiDE SETBACK- 5 FEET
~EAli SU8~C~- 20 FEET
l),' i [If S TnEt T SETBACK - t S ;: E [T
! ~
:IH;-; . [CC~~E:'IJ:AL. ';UCfJ ':-J ~UB,J(lT :!J THE FOLLO~I~l, ":fr8AU~,
\ ',0 ;i)O~ BUiLD ~G StTB~CI( rROlo4 SlA'E rlO~O Od kJHT'i!F ~A' LI'1(
p I" ;()O' P.'RKING ')[T8AO FPC~ STATE ROAr 13J ~ :;w 0" >lAy Nt
\f) L~h ~b ANL' 27 A;-lE SUBJE.C TO A 1~ f:)OT 8lj'lJ W) :,t1bAl~ f-P:J~ 'Hr SCu',..
, I "1f' ';F HHC 1 !J i L .l.~DSOPE TnAP i
16 t L LOI~ ~H ~;i;BJECT 10 A to ~uor UT IL I fY f A'j[iApn SH!~:~ 'S Hf Htf~Y JED
A T f c: 40 ,J Ie t N 1 T 0 ALL S T R EEl l~ I G H 1 - 0 F- ~ A Y S
!7 All ~OTS Mit SU8'.JEC1 TO A >j FOOT ,j] :_i~f t,\S[itH_~: lIiHI,'H!S hr:<H~) eu)
[AiEl' Ali.N(J ALL SIDE LOT LINES (UNLE':;') NOTED orHU:;~IS[i
I ;;,;r_~i~~_~__~i-I~_~_U__~~._-_~__si~~d~-_-__~~ - Lin~ r., .J
:1 10000 t3"250g. 7~ 81
C? 100, 00' ~3.26'O~1 1581
CJ 50, 00' 8~" 05 5/1' 77, 75
c'~ 5000' gO"54'47' 79,3.
crJ t30, 00' 0.26' 0')' 138 51)
Co 1 GO, GO' 0.26' 0')' 75. 81
C 7 125,00' 4)' 26' 091 3t 76
C8 75, 00' 0.26' 091 56 86
C'J 75 00' 30" 51- 5)1 40 .0
Ct 0 75, 00' 12.34' 161 16. 46
ell 7500' 13l}.05'54. 11663
C12 75.00' 10.28'50' t3,72
C13 7fj 00' 2}11)1)' 38' 36 56
C14 50,00 0'3"0331]1 791
C15 7~, 00' 50.H' 26" 66 35
C15 25 00' 89. G~' 5~' 38, 88
[17 25,00' gO"54' 47. Jl67
CI8 75,00' 90.54'47. l11JOO
Ct9 7500' 28"075'J. 3683
C20 75, 00' 1 g' 2 J 221 25, 313
U 1 75 00' 25.35' 5'). 33. 51
C22 lS 00' 17. ~ l' 281 23 29
C23 25 DO' 8'}'05'13. 38.87
C2~ 25 00' ')0' 5~ 06' 39, 66
C2~ 25. 00' 89' 05 ~41 38 88
C}6 25 DC' gO' ~4 411 39 67
C2' 25 00' 70' 31 H' ,10 77
\.'28 50. DC 250' 31 ~d' d8 63
::2') 50 OJ' 79'06 ,WI 59 (jJ
C 30 ~IO 00 82' 11) ~ 3. '1 78
i=31 50 00 80.[JD 151 59 90
CAt 0 F ILL CADO/P~OJ/LfFF ISTG~I3Pl2. A G5/0 7/IJ8
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