HomeMy WebLinkAbout1999 08 11 Regular Item C
Date: 08111999
The following Item was addressed at the
Meeting held on 08/11/1999 which was a
continuation of Meeting 8/9/1999.
COMMISSION AGENDA
ITEM C
Consent
Information
Public Hearing
Ree;ular XX
August 9. 1999
Meeting
MGR.'B~/Dep~
\
REQUEST: Community Development Department, Land Development Division, requests that
the Commission remove from the table Consent Agenda Item B which was tabled
at the Commission Meeting ofJuly 26, 1999. The request was to approve the
recordation of the plat and the covenants for Parkstone Unit 1.
PURPOSE: The purpose of this agenda item is to request the Commission remove from the
table Consent Agenda Item B which was tabled at the Commission Meeting of
July 26, 1999. The purpose of Consent Agenda Item B was to record the plat and
covenants for Parkstone Unit I (property located north of SR 434 and Winding
Hollow Subdivision, west of City Hall, east of the school bus barn and south of
Lake Jesup). This unit will contain one hundred forty two (142) lots and the
commercial tracts.
APPLICABLE CODE/LA W:
Florida Statutes, Section 253.141 Riparian rights defined; certain
submerged bottoms subject to private ownership.
Further described in Land Development Coordinator Memo to City Manager
dated July 28, 1999 included as Attachment A
CITY OF WINTER SPRINGS COMPREHENSIVE PLAN 1990-2010,
VOLUME 2 OF 2
Further described in Land Development Coordinator Memo to City Manager
dated July 28, 1999 included as Attachment A
CONSIDERA TIONS AND FINDINGS:
August 9, 1999
Commission Regular Agenda Item C
Page 2
I) The Commission inquired as to whether or not this project complied with
the Comprehensive Plan.
The project did comply with the Comprehensive Plan.
2) There was discussion as to having Sections 12.29 and 12.30 of the Covenants
reviewed and possibly rewritten.
The developer has publicly stated that "if a property owner can get a permit from
the St. Johns River Water Management District to build a dock, then yes, a dock
would be permitted".
Until the question of whether or not docks are to be allowed is settled by the
Commission, this cannot be rewritten.
3) There was a question regarding the escrowed funds for the homeowners'
association once they take over the association from the developer. This escrow
account is presently called "Initial Working Capital Escrow Account". It is the
desire of a Commissioner to retitle this to "Reserve Escrow Account:.
This change is not thought to be relevant to the intent, but this will be brought to
the developer's attention.
4) There was a question relating to the irrigation system and the possibility of
not being able to install a well if there was not an irrigation system.
The Utility Director has reviewed the covenants and has stated: "In reference to
Section 7.11.4, I would recommend that the sentence that begins with "No water
wells....." have the following phrase inserted at the beginning of the sentence "If
the Irrigation System is installed," so that wells are not precluded if the irrigation is
not installed. This is consistent with the language throughout this section.
This will be brought to the developer's attention.
5) There was a question asking whether or not construction could be banned in
the conservation easement along the lake.
The comprehensive plan addresses the placement of docks, piers or boardwalks in
the wetlands (see the Land Development Coordinator Memo, Page 4,
subparagraph e; Page 5, 3rd complete paragraph; Page 10, subparagraph f).
August 9, 1999
Commission Regular Agenda Item C
Page 3
Page 6, Policy l)a of the Land Development Coordinator's Memo addresses
the ability to had a residential density of one (1) dwelling unit per five (5) gross
acres in the Conservation Land Use District.
Page 9, 5) d of the Land Development Coordinator's Memo addresses the clearing
of shorelines - the comprehensive plan allows the clearing of 25% of the shoreline
of any development parcel to provide access to the shoreline and/or view of the
lake.
Florida Statutes grant certain riparian rights provided the "land to which the owner
holds title must extend to the ordinary high watermark of the navigable wat~r in
order that riparian rights may attach". It has been presented that the properties do
extend to the ordinary high watermark. Riparian rights include ingress, egress,
boating, bathing, and fishing and such others as may be or have been defined.
(Please see Page 2 of the Land Development Coordinator's Memo where Section
253.141 of the Florida Statutes is presented).
6) There was discussion of imposing restrictions on Planned Unit Developments
under Section 353 or 354 of the Code. The proper section is Section 20-380.
It is the interpretation of the Land Development Coordinator that this can only be
done at the onset of the review process and not after engineering plans are
approved.
NOTE: All of the above will have to be opined on by the City Attorney for
legal content and intent.
7) An invitation has been extended to the St. John's River Water Management
District to have a representative present for the meeting of August 9, 1999.
CHRONOLOGY:
Please refer to the Land Development Coordinator Memo which is Attachment A
of this agenda package.
RECOMMENDA TION:
The recommendation is that the City Commission approve the recordation of the
plat and the covenants, with modification, for Parkstone Unit I.
August 9, 1999
Commission Regular Agenda Item C
Page 4
ATTACHMENT:
A - Land Development Coordinator Memo to City Manager dated
July 28, 1999
COMMISSION ACTION:
ATTACHMENT A
July 28, 1999
To:
City Manager
Thru:
Community Development Directo~
Land Development Coordinato~
From:
Re:
Commission Meeting of July 26, 1999
Parkstone PUD, Recordation of Plat and Covenants
The above referenced request to record the plat and covenants for the Parkstone PUD was tabled
until further information could be obtained. Some of the items discussed was banning
construction in the conservation easement along the lake, change the covenants, can the
Commission invoke stipulations on already approved final engineering plans, etc.
Further, you requested that I furnish a chronology of events for the PUD approval.
CHRONOLOGY FOR PARKSTONEPUD
July 5, 1995 - 1 st P&Z Meeting for rezoning to PUD and approval of the Master Plan
August 2, 1995 - P&Z Public Hearing for the Master Plan
August 28, 1995 - Commission approved the Master Plan and I st Reading for rezoning
September 25, 1995 - Commission approved 2nd reading for rezoning
December 11, 1995 - Commission granted 1 year extension to the Master Plan
July 31, 1997 - Preliminary Engineering submitted for 396 lots
September 3, 1997 - P&Z approved Master Plan revision reducing Tract C from 13 to 2 acres
and redesignated Tract C & D from Flexible Land Use to
Neighborhood Commercial and Professional Office
December 8, 1997 - Commission granted variance to Section 9-157 of the Code to allow the
sidewalks on private streets to meander in and out of the right of
way
January 7, 1998 - P&Z recommended approval of preliminary engineering with
stipulations to be addressed during final engineering
July 28, 1999
City Manager
Page 2
January 26, 1998 - Commission approved preliminary engineering with stipulations to be
addressed during final engineering
March 26, 1998 - Final Engineering submitted
June 9, 1998 - 43 lots withdrawn from final engineering until conflict with SJRWMD
resolved
November 23, 1998 - Commission approved final engineering
April 9, 1999 - Final Engineering submitted for remaining 43 lots (Parkstone Unit 6)
July 12, 1999 - Commission approved final engineering for the 43 lots
At the meeting ofJuly 26, 1999, the question of revoking the riparian rights to the lake was
discussed, as was the banning of all construction in the conservation easement. Riparian rights is
defined in Florida Statutes, Chapter 253, Section 141 as follows:
253.141 Riparian rights defined; certain submerged bottoms subject to private ownership.
(1) Riparian rights are those incident to land bordering upon navigable waters. They are rights
of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined
by law. Such rights are not of a proprietary nature. They are rights inuring to the owner of the
riparian land but are not owned by him or her. They are appurtenant to and are inseparable from
the riparian land. The land to which the owner holds title must extend to the ordinary high
watermark of the navigable water in order that riparian rights may attach. Conveyance of title to
or lease of the riparian land entitles the grantee to the riparian rights running therewith whether
or not mentioned in the deed or lease of the upland.
(2) Navigable waters in this state shall not be held to extend to any permanent or transient
waters in the form of so-called lakes, ponds, swamps or overflowed lands, lying over and upon
areas which have heretofore been conveyed to private individuals by the United States or by the
state without reservation of public rights in and to said waters.
(3) The submerged lands of any nonmeandered lake shall be deemed subject to private
ownership where the Board of Trustees of the Internal Improvement Trust Fund of Florida
conveyed the same more than 50 years ago without any deductions for water and without any
reservation for public use and when taxes have been levies and collected on said submerged
lands since conveyance by the state.
July 28, 1999
City Manager
Page 3
(4) Where private ownership of submerged bottoms outward from the shore has originated in a
Spanish or other land grant approved by the Congress specifically describing an area in which
was included navigable water, or by patent out of the United States prior to the date on which
Florida became a state likewise containing a description including navigable water, or upon a
valid conveyance out of the state, the submerged land included in such grant, patent, or
conveyance shall be subject to taxes lawfully imposed.
CITY OF WINTER SPRINGS COMPREHENSIVE PLAN 1990-2010, VOLUME 2 OF 2
Land Use Section
GOAL
2) To preserve the natural drainage features within Winter Springs as assets complementing the
residential and commercial areas.
OBJECTIVE
A) Perpetuation of the existence and benefit of natural drainage features, excluding them from
being developed with uses that require the support of urban infrastructure.
Policies
1) The land use classification Conservation is created, in concept, to apply to all natural
drainage features, adhering to the limitations established by law to protect the rights of
property owners.
2) The precise boundaries of land to be permanently classified Conservation shall be
those jurisdictional lines prescribed by State agencies at the time of field review
preparatory to engineering contiguous property for development.
3) The natural hydrological, topographical, biological and ecological functions of natural
drainage features, creeks and wetland areas lying within the boundaries of the City shall
be protected. The standards and provisions for protection shall include, but not
necessarily be limited to the following:
a. Require projects to cluster development away from wetland areas of the side
and maintain upland buffers adjacent to wetlands. The minimum vegetative
buffer requirement shall be twenty-five (25) feet upland from the wetland area. A
larger buffer shall be required on a site-by-site basis when required to protect the
July 28, 1999
City Manager
Page 4
resource. The City shall follow the following criteria in determining whether a
larger buffer is required are the extent and functional value of the wetland, and the
density and intensity of the proposed development.
b. Require all wetlands to be accurately identified at the time of site development
review. Alteration of wetlands may be permitted, however specific mitigation
standards in accordance with policies of the St. Johns Water Management District
will be established to ensure no net loss of wetlands either by functional value or
extent.
c. Environmentally sensitive areas shall be covered by an environmental
easement which restricts uses to passive recreational activities. The
environmental easement may be dedicated by plat or by a separate instrument
approved by the City.
d. Require vegetative buffers around all lakes in order to protect water quality of
these water bodies. The minimum upland lake buffer shall be fifty (50) feet. No
fill shall be placed in lakes, except as permitted by applicable state, regional and
federal agencies. Fill is defined as deposition, by any means of materials in
waters, with the exception of naturally occurring material, which may deposit into
waters by natural causes or means, and piers and piling supports authorized by
permitting agencies.
e. Provision of specific location standards for the construction of docks and other
structures over lake areas.
f. Wetlands shall be delineated on the site plan according to DER, SJRWMD, and
USACOE definitions, whichever standard is more restrictive. Wetlands shall
mean those areas established as jurisdictional by the above agencies.
g. Developments adjacent to Lake Jesup shall not be permitted to include Light
Industrial, or Commercial Land Uses. In addition to these restrictions, the
following provisions to protect the natural functions of the Lake shall be
established:
1. An upland buffer zone, to be a minimum width of fifty (50) feet, shall be
provided between any development activity and the lake;
11. All development along the Lake shall be required to meet a more
impervious surface ration standard. All development along the Lake shall
July 28, 1999
City Manager
Page 5
provide a minimum of 50% pervious surface.
111. No direct discharge of stormwater into the Lake shall be permitted, in
accordance with criteria established by the SJRWMD.
No new individual lots or parcels shall be created after the adoption of this plan that consist of
such a high proportion of wetlands that development of the lot is impossible without filling or
other disturbance of those wetlands.
Where the developer documents that the site cannot be reconfigured to avoid alteration the
wetland, the amount offill placed shall be limited to the minimum necessary for development.
All structures in wetlands shall be place on pilings. No septic tanks shall be allowed within 75
feet of water bodies or wetlands. Water bodies are defined as stated in Section 403.911, Florida
Statutes, as all freshwater lakes and ponds having a surface area in excess of 10 acres.
Any alteration of wetlands that impairs wetlands, function shall be required to replace wetlands
acre for acre, type for type, or as permitted the USACOE, SJRWMD and/or DER. The
placement of docks, piers or boardwalks where a minimal amount of fill is used may be exempt
from this requirement, unless there are permit requirements of other agencies.
All proposals for development in the 100 year floodplain shall be required to redesign the site
plan to avoid alteration in the 100 year floodplain. Where the applicant documents that the
project cannot be completed without alteration of the 100 year floodplain, the project may be
approved if all structures are placed on pilings with a minimum amount of fill. All structures
shall be constructed so that the first floor elevation is above the 100 year floodplain. No septic
tanks shall be permitted in the 100 year floodplain. No hazardous materials or wastes shall be
stored in the 100 year floodplain.
OBJECTIVE
B) Through the year 2010, the City shall ensure the protection of natural drainage features and
other natural resources such as native vegetative communities, historic resources and wildlife
habitats, by providing for clustering of development on property proposed to be improved in
exchange for preservation of natural resources, and permitting equivalent increased construction
on remaining land owned by the same entity. Historical resources, wetlands and wildlife habitats
shall be protected on development sites through requirements for buffering, and placement of
such resources into permanent conservation easements. Land development regulations shall be
adopted by the statutory deadline to enforce these objectives.
July 28, 1999
City Manager
Page 6
Policies
I) The revised land development regulations, to be adopted by the statutory
deadline, shall contain specific provisions and activities to be used by the City to protect
environmentally sensitive lands. These provisions and activities shall include, but not be
limited to the establishment of a Conservation Land Use district containing specific
criteria on densities and intensities of uses, stormwater management and wetlands
alteration and mitigation, waterfront development, and protection of unique upland
vegetative communities, endangered and threatened species, and recharge areas. The
development criteria for the Conservation Land Use District shall include:
a. Residential densities shall not exceed (1) dwelling unit per five (5) gross acres.
b. Non-residential activities shall be limited to passive recreational uses, as
defined in the Recreational Element.
..... (remaining addresses transfer to the upland portion and development
standards)
Conservation Section
GOAL
OBJECTIVE
B) Conserve natural resources within the City as perpetual assets.
Policies
I) The City's remaining wetlands, 1 DO-year floodplain, unique upland vegetative
communities (i.e. hydric hammock bayheads and swamps), and endangered and
threatened species habitats are designated as environmentally sensitive lands. The City
shall create a Conservation Land Use Category implementing the conservation element
land use objectives. These lands shall be subject to the standards for development of
Policies B(1-8) and C(1-6)
2) Prohibit development dependent on urban infrastructure within land delineated to be
July 28, 1999
City Manager
Page 7
conservation, as determined by field review by State agencies of proposed engineering
plans.
3) Allow installation of infrastructure and utilities passing across conservation lands
when a greater public benefit can be demonstrated, such as roadways improving
emergency response time, development of parks, or reducing housing costs.
Infrastructure shall be located in areas that are least harmful to wetlands, wildlife habitats
and other resources. For example, site design shall consider the impacts of disturbing
contiguous wildlife habitat that would be harmed by the introduction of roads and
clearing. All such projects shall be subject to the performance standards listed in Policies
C(1) through C(6). Where such performance standards cannot be carried out without
defeating the greater public benefits of the project, a mitigation plans shall be undertaken
to replace any resource functions lost.
4) Promote dedication or conservatorship ofland adjacent to natural drainage features,
by allowing such areas to be counted in calculating open space requirements, and by
establishment of provisions for conservation easements in the land development
regulations.
5) Require conservation easements to be recorded as part of all land development
containing wildlife habitat utilized by endangered or threatened species protected under
policy C(3), ] OO-year floodplains, and wetlands, when outright public ownership is
impractical. Uses within conservation easements shall be limited to those allowed under
Chapter 704.06, F.S. No new platting shall be approved that does not meet the natural
resource protection standards of policies C(l) through C(6).
6) Verify all jurisdictional permits of Federal and State agencies have been acquired
before development orders are issued by the City on properties adjacent to or including
the natural drainage features including SJRWMD, FDER and USACOE permits for
wetlands and water bodies, SJR WMD permits for stormwater management, and FEMA
requirements for the 1 OO-year floodplain. In addition, the development order must be
consistent with the policies for natural resource protection of this plan, included C(1-6).
7) Monitor and lend support to pro-active environmental projects affecting the City, such
as the State's proposed plans to reclaim Lake Jesup and the County's acquisition of Spring
Hammock by providing information needed for social, economic or other studies,
requiring that all new development that drains into the Lake Jesup watershed adequately
treat stormwater, ensuring that clearing of vegetation of wetlands adjacent to the 100-year
floodplain, and surface waters are regulated in accordance with policies C(5 and 6) and
ensuring future land uses are developed to be compatible with lake management goals.
July 28, 1999
City Manager
Page 8
8) All natural drainage features dedicated as parks shall be utilized for mainly passive
recreation, such as picnics and walking.
9) In the passive recreation areas on the upper section of the City's community park on
Lake Jesup include informational programs to identify and describe for park visitors the
vegetative types and native creatures to be found there.
10) Existing natural reservations, such as Spring Hammock Preserve, shall be protected
by ensuring that all development proposals for lands adjacent to the reservation provide
adequate landscape buffering, building setback, stormwater management and other site
desing criteria that will ensure the natural functions of the reservation are protected.
OBJECTIVE
C) Protect, conserve and appropriately use the remaining native vegetative communities,
wildlife and wildlife habitat, particularly species designated as endangered, threatened or of
special concern, and habitat utilized by those species, from destructive practices, through site
plan review criteria requiring the species and habitat to be identified, requirements that
protection of remaining habitat be enforced through development orders, and providing
incentives for such protection.
Policies
I) Require conceptual engineering proposals to include identification and mapping of
natural resources within property intended to be developed. This shall include: an
inventory of plants and animals designated as endangered, threatened or species of
special concern, and associated habitat required for the species to remain viable; and a
mapping of sand pine scrub, pine flatwoods, long-leaf pine/turkey oak, sandhill, and
scrubby flatwoods.
2) Ensure the following percentages of native vegetative communities are preserved
undiminished by development or replaced on the site through mitigation plans. Upland
communities identified pursuant to Policy (C) 1 where endangered or threatened or
species of special concern are not known to inhabit the site shall be required to preserve
or replace onsite 10% of the identified vegetation.
3) Ensure wildlife habitats known to be inhabited by species designated as endangered,
threatened or species of special concern is undisturbed by construction through the
following standards:
July 28, 1999
City Manager
Page 9
For projects where endangered, threatened or special concern species inhabit the site: the
developer shall be required to develop a management plan to mitigate any adverse
impacts to the species. The plan may include a site design plan incorporating clustering
of buildings, underground parking, or underground drainage to reduce the area of land to
be impacted. The plan shall be submitted to the FGFWFC for review. The developer
shall preserve sufficient land as determined by FGFWFC to ensure the species remain
viable on the site, unless the FGFWFC permits the developer to mitigate through off site
relocation.
4) Increase the percentage conserved by providing for compensatory higher intensity
activity elsewhere on property in return for exclusion of areas greater that (sic) the
prescribed minimums to be left in the natural state.
5) Wetlands shall be protected through the enforcement of the following standards for
new development and redevelopment:
a. Wetlands shall be delineated on the site plan according to DER, SJRWMD and
USACOE definitions, whichever is stricter.
b. No new individual lots or parcels shall be created after the adoption of this
plan that consist of such a high proportion of wetlands that development of the lot
is impossible without filling or other disturbance of those wetlands.
c. Development shall be clustered away from wetlands. All projects proposing
alterations to wetlands shall submit documentation to the City that the project
cannot be redesigned to avoid alteration to wetlands.
d. A vegetated wetland buffer of 25 feet, depending upon site conditions shall be
maintained between all structures and the wetland jurisdiction line. No more than
25% of the shoreline of any development parcel may be cleared, to provide access
to the shoreline and/or view of the lake.
e. Where the developer documents that the site cannot be reconfigured to avoid
alteration of the wetland, the amount offill placed shall be limited to the
minimum necessary for development. All structures in wetlands shall be placed
on pilings, unless otherwise approved by jurisdictional agencies. No new septic
tanks shall be allowed within 75 feet of water bodies or wetlands.
July 28, 1999
City Manager
Page 10
f Any alteration of wetlands that impairs wetlands functions shall be required to
replace wetlands acre for acre, type for type, or as permitted by the USACOE,
SJR WMD and/or DEP. The placement of docks, piers or boardwalks where a
minimal amount offill is used may be exempt from this requirement, unless there
are permit requirements of other agencies.
6) All proposals for development in the lOa-year floodplain shall be required to avoid
alteration in the laO-year floodplain. Where the applicant documents that the project
cannot be completed without alteration of the 100-year floodplain, by meeting the criteria
established in Policies C(l) through C(6) of this element, the project may be approved if
all structures are placed on pilings or filled with a minimum amount offill and
compensating storage provided. All structures shall be constructed so that the first floor
elevation is 18" above the lOa-year floodplain. No septic tanks shall be located within
the lOa-year floodplain. Clearing of the floodplain vegetation shall be limited to 25% of
the site. No hazardous materials or wastes shall be stored within the lOa-year floodplain.
7) The City shall seek to enter an interlocal agreement by December 1992 with Seminole
County and all adjacent municipalities to address the conservation, use and protection of
unique vegetative communities and water bodies which cross local government
boundaries.
Commissioner Blake alluded to Section 20-353 or 354 of the Code and stipulations the
Commission could impose on a Planned Unit Development (PUD). Those sections are found in
Part A of the Planned Unit Development and are for the older PUDs. Parkstone was formed
under Part B of the Planned Unit Development and the correct section is Section 20-380. This
section is similar to that found in Part A of the Planned Unit Development.
It is my interpretation that these standards are to be imposed when reviewing all plans under
Section 20-381 of the Code.
The City Attorney would have to opine on all of the above. I only attempted to facilitate the
compilation of information which I thought to be relevant to the issue. There may be more
information that I am not aware of.
The other issues raised, to the best of my recollection, had to do with the covenants. Is it your
desire that I schedule an appointment with the developer to go over these? He has already
publicly stated that he would not relinquish the rights to build docks.
August 9, 1999
To:
Mayor
Commission
City Manager.
~I
. '~~7
Land Development Coordmator. ~-'
From:
Re:
Parkstone Unit I
Proposed Covenants
Attached for your information is that correspondence received from Andrew V. Showen,
Esquire, General Counsel, Southeast Region for CENTEX Homes as it relates to changes to be
made to the proposed covenants for Parkstone Unit I.
CENTEX has agreed to change Section 7.11.4 of the proposed covenants as suggested by
Lockcuff(see attached LockcuffMemo to LeBlanc dated July 30, 1999). This section relates to
irrigation and the drilling of wells.
CENTEX has chosen not to change Section 6.8 of the proposed covenants. This section relates
to the "reserve clause".
This is to be considered at the Commission Meeting of August 9, 1999 and is under Regular
Agenda Item C.
cc: Community Development Director
Public WorksfUtility Director
b;E~T~~ ~yMES
SOUTHEAST REGION
385 DOI.JOlr-:-; AvenuE:
Andrew v. Showen
General Counsel
Southeast Region
Suit8 1000
AltGln1ontc:: Spl'lt'lOS, F\... 3271 ~
Direct Dial: (407)661 '41 01
Ol1los; (407) 661-2150
Fax: (407) 661-9757
August 4, 1999
47 S'3
via facsimile1327~) - 3 paqes
Don LeBlanc, P,E.
City Engineer
City of Winter Springs
1126 E. State Road 434
Winter Springs FL 32708
Re: Plat and DCCR Review - Parkstone
Dear Mr. LeBlanc:
\ Per our conversation of Wednesday afternoon, enclosed please find a revised page
fqr the DCCR's in which we have changed Section 7.11.4 to add the "If the Irrigation
S\ t . "I
Y,s em IS... cause,
We have considered the requested revision of 6.8 to change the term 'Working
Capital" to reserve, We believe the underlying idea - to build in a check to assure that the
homeowner-controlled HOA does not misapply the funds after turnover - is good in
concept.' However, under Ch, 618, Fla. Stat., Centex, as developer, is materially restricted
from imposing terms which would bind a future HOA board to spend (or not spend) money
after turnover. Provisions in the DCCR's that could be construed as a developer veto over
a homeowner-controlled Board decision, after turnover, are invalid under Ch. 618_
Accordingly, we think state law precludes us from implementing the desired change.
Merely changing the name to "Reserve", without defining what the restrictions are, would
not fix the potential problem, and would require other standard documents to be changed
to be consistent.
We appreciate the City's comments and hope the changed language will be
satisfactory .
10f course, the present language already expressly requires the fund to be escrowed while
Centex controls the HOA board and to be turned over when control passes to the homeowner controlled
board, so there is a check against developer misappropriation.
Board in accordance with Article 6, whether such Owner elects to use Irrigation 'Water or
not. Ovvners who elect not to use Irrigation Water shall be obligated to pay the reservation
or access fee, maintenance, operation and I'eserve cost portions of the Irrigation System
Fees.
7.11.4. If the Irrigation System is installed, neither the Association,
nor any Owner shall install or operate any irrig~tion system, apparatus or device that does
not receive Irrigation Water from the Irrigation System. If the Irrigation System is
installed, water may not be drawn from any lake or retention pond for irrigation purposes
unless approved by the ACe, and approved by the City of Winter Springs and any other
Goverrunental Authority having jurisdiction of such matters as evidenced by the issuance
of a permit or other form of written authorization. Even if the City or other Goverrunental
Authority issues its approval of such use, the Ace may refuse to allow an Owner to install
or use pumps, lines or inigation systems that draw water from lakes or other bodies of
water. If the Irrigation System is installed, no water wells shall be permitted on any Lot,
Unit Ol' Common Property, except those wells belonging to the governnlental authorities,
if any, and wells installed by the Declarant or its predecessors in title, or by the Association,
which are for the purpose of providing a source of Irrigation Water for the Irrigation
System. If the Association provides irrigation sel~.yices through an Irrigation System., no
Owner may connect any irrigation system on the Owner's property to any source except
the Irrigation System unless approved by th,e:ACC.
7.11.5. If the Irrigation System is installed, the Association shall have the
right to establish rules and l'egulations goyen1ing the usage of l1'rigation Water, including
without limitation, restrictions on the amounts, times and frequency of use.
7.11..6, If the Irrigation System is installed, the Association shall
have the right to employ such personnel, machinery, equipment and vehicles as the Board
of Directors shall deem appropriate fm the op~ration and maintenance of the Irrigation
Systenl., andl or to enter into agreements witJ::\ cQntractors for the provision of such services.
7.11.7. If the Irrigatiq~l Sy'stem is installed, the Association shall
have the right to enter into or assume the ob,ligation of Declarant under any agreements
authorized by approval of the Board of Directors with suppliers of Irrigation Water. Water
introduced into the Irrigation System shall be referred to as "Irrigation Water'l, and may
be obtained from wells exis.ting on the Proper~y or installed by Declarant or the Association
G:\Legal\AVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wP~6
revised 080499 6 p.m. -3 -
Please call me if you have any further questions or comments about t
Enclosure
cc: Mr. Gregory LePera
Mr. John Odom
Donald Mcintosh, P.E.
CITY OF WINTER SPRINGS, FLORIDA
Utility I Public Works
Department
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
July 30, 1999
TO:
Don LeBlanc, Land Development Coordinator ~
Kipton Lockcuff, P.E., Public Works/Utility Director
FROM:
RE:
Parkstone pun Restrictive Covenants
In reference to Section 7.11.4, I would recommend that the sentence that begins with "No
water wells ...." have the following phrase inserted at the beginning of the sentence "If the
Irrigation System is installed," so that wells are not precluded if the irrigation is not
installed. This is consistent with the language throughout this section.
File
CENTEX HDMES
SOUTHEAST REGION
Andrew V. Showen
General Counsel
Southeast Region
385 Douglas Avenue
Suite 1000
Altamonte Springs. FL 32714
Direct Dial: (407)661-2101
Office: (407) 661-2150
Fax: (407) 661-9757
Ms. Andre~enZO-Luaces
City Clerk
City of Winter Springs
1126 E. SR 434
Winter Springs FL 32708
September 1, 1999
Re: Centex Homes - Application for Plat Approval for Parkstone
Dear Madam Clerk:
At the request of Commissioners Gennell and Blake and at the direction of the City
Council, Centex Homes hereby files with your office a copy of the transcript of portions of
the City Commission meeting held August 11, 1999.
Enclosure
cc: Hon. Cindy Gennell
Hon. Michael Blake
Mr. Don LeBlanc. P.E.
John P. Horan, Esq.
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THE CITY OF WINTER SPRINGS
COMMISSIONERS HEARING
AUGUST 11, 1999
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APPEARANCES:
7 PAUL PARTYKA, MAYOR '
CINDY GENNELL, DEPUTY MAYOR
8 DAVrD MCLEOD, COMMISSIONER
EDWARD MARTINEZ, COMMISSIONER
9 MICHAEL BLAKE, COMMISSIONER
ROBERT MILLER, COMMISSIONER
10 RONALD MCLEMORE, CITY MANAGER
ROBERT GUTHRIE, CITY ATTORNEY
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JOHN HORAN, ESQUIRE
ELLEN AVERY, ATTORNEY AT LAW
FOLEY AND LARDNER, P.A.
111 NORTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
REPRESENTING 'THE 'DEVELOPER
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ANDREW V. S~OWEN, ESQUIRE
GENERAL COUNSEL:CENTEX HOMES SOUTHEAST REGION
385 DOUGLAS AVENUE, SUITE 1000
ALTAMONTE SPRINGS, FLORDIA 32714
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REPRESENTING CENTEX HOMES
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E X C E R P T 0 F PRO C E E DIN G S
THE MAYOR: I CALL THIS MEETING BACK TO
ORDER.
MS. GENNELL: I MOVE THAT WE CONTINUE THIS
MEETING AT 5:00 O'CLOCK, MONDAY. AFTER 11:00
O'CLOCK TONIGHT, WE CONTINUE THE BALANCE OF
THE MEETING TO 5:00 O'CLOCK THIS COMING
MONDAY.
THE MAYOR: FOR THE WORK SHOP. OKAY.
IS THERE A SECOND ON THAT MOTION?
MR. MCLEOD: MAY WE HAVE SOME DISCUSSION?
THE MAYOR: YES. YES.
MR. MCLEOD: THE WORK SHOP IS AT 6:30; IS
THAT CORRECT?
THE MAYOR:
MR. MCLEOD:
THAT'S CORRECT.
WOULD WE CONTINUE OUR AGENDA
BEFORE WE WENT TO THE WORK SHOP UNTIL 8:00
O'CLOCK?
THE MAYOR: I BELIEVE SO. I THINK WE
ALMOST HAVE TO.
MR. MCLEOD: So THIS WOULD BE THE ONLY
PRIORITY OF THE WORKSHOP?
THE MAYOR: OH, VERY DEFINITELY.
MR. MCLEOD: I .WOULD SECOND THAT.
THE MAYOR: CALL A VOTE, PLEASE.
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THE CLERK: COMMISSIONER BLAKE?
COMMISSIONER BLAKE: NO.
THE CLERK: COMMISSIONER GENNELL?
COMMISSIONER GENNELL: AYE.
THE CLERK: COMMISSIONER MCLEOD?
COMMISSIONER MCLEO: AYE.
THE CLERK: COMMISSIONER MARTINEZ?
COMMISSIONER MARTINEZ: AYE.
THE MAYOR: OKAY. THE MOTION PASSES.
OKAY. LET'S
COMMISSIONER MARTINEZ: I WANT YOU TO
KNOW THAT I WOULD HAVE VOTED AYE BECAUSE BLAKE
WOULD HAVE VOTED AYE ANYWAY.
COMMISSIONER BLAKE: WELL, I DIDN'T WANT
TO BE THE THIRD ANYWAY.
THE MAYOR: ALL RIGHT. IN THE NEXT HALF
HOUR, LET'S SEE IF WE CAN CLEAN UP SOME THINGS
FAIRLY QUICKLY.
ALL RIGHT. MR. HORAN.
MR. HORAN: CONSIDERING THE DISCUSSION
THAT OCCURRED WITH THE CITY COMMISSIONERS, I
DISCUSSED THE MATTER WITH MY CLIENT AND
CONDITIONED ON ACTION BEING, TAKEN THIS EVENING
BY THE COMMISSION, HERE IS WHAT MY CLIENT IS
WILLING TO DO.
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WE WILL GO AHEAD AND PUT SIGNAGE AT EACH
LOT LINE AT WITH EACH ONE OF THOSE LOT LINES
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AT THE 25-FOOT BUFFER. AND THE SIGN SHALL
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SAY, DO NOT DISTURB UNDER PENALTY OF LAW, ST.
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JOHN'S CONSERVATION EASEMENT.
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WE'LL ALSO GO AHEAD AND AT EVERY CONTRACT
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SIGNING, WE SHALL GIVE..A-COPY THAT THE
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HOMEOWNER OR THE PERSPECTIVE PURCHASER MUST
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INITIAL ALL OF THE CONSERVATION EASEMENT.
WE WILL ALSO, AGAIN, AT CLOSING, HAVE IN
OUR CLOSING PROCEDURES ANOTHER COpy OF THE
CONSERVATION EASEMENT THAT .WE WILL REQUIRE THE
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PURCHASER TO INITIAL. WE WILL ALSO GO
AHEAD --
COMMISSIONER BLAKE: IF I MAY INTERRUPT
JUST ON THAT?
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WOULD THAT BE A RECORDED DOCUMENT WITH THE
INITIALS ON IT?
MR. HORAN: WELL, THE CONSERVATION
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EASEMENT IS ALREADY RECORDED.
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COMMISSIONER BLAKE: WITH THEIR DEED WHEN
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THEY CLOSE AND INITIAL IT, WOULD THAT DOCUMENT
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WOULD BE RECORDED?
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MR. HORAN: I WOULDN'T ADVISE ANYBODY TO
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DO THAT BECAUSE. YOU'LL CREATE TITLE PROBLEMS
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BECAUSE YOU'RE ALREADY DEALING WITH DOCUMENTS
THAT HAVE ALREADY BEEN RECORDED ONCE. THAT
WOULDN'T BE WISE.
WHAT WEILL DO IS, WE WILL GIVE THEM A COpy
OF THE RECORDED CONSERVATION EASEMENT. IN
OTHER WORDS, THEY WILL HAVE AN O.R. BOOK AND
PAGE NUMBER ON IT."" ....'. '.
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COMMISSIONER BLAKE: BUT 'WHAT WE'RE
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LOOKING FOR IS SOME RECORDED PROOF THAT THEY
HAVE RECEIVED IT AND HAVE INITIALED IT. ONE
OF ISSUES THAT I FIND, AND AS YOU MAY WELL BE
AWARE OF IN YOUR PRACTICE, IS WHILE A RECORDED
DOCUMENT EXIST, THE, SECOND, THIRD TIME THINGS
GET SOLD, PEOPLE DON'T HAVE COPIES AND ARE
NOT AWARE., THAT'S IGNORANCE AS FAR AS --
MR. HORAN: WE'LL PUT IT OUR RECORDS AS
PART OF OUR CLOSING , DOCUMENTS. BUT I WOULD
ADVISE AGAINST RECORDING IT AGAIN. YOU'LL
CREATE TITLE PROBLEMS. .
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MR. GUTHRIE: I WOULDN'T RECOMMEND A LEGAL
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RECORDING THE CONSERVATION EASEMENT WITH EACH
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CLOSING. I MEAN, IF THEY'RE MAKING SOME
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REPRESENTATION, THAT THERE'S SOME CHECK THAT
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YOU WANT TO DO THAT.
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MR. BLAKE: IS, IT POSSIBLE TO HAVE
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LANGUAGE ON THE DEED ITSELF THAT THE
CONSERVATION EASEMENT --
MR. HORAN: THE LANGUAGE ON THE DEED
ITSELF SAYS IT.
COMMISSIONER GENNELL: IT SAYS EASEMENT.
MR. SHOWEN: THIS IS ANDY SHOW EN FOR THE
RECORD.
WE WERE JUST TALKING, ONE POSSIBILITY
MIGHT BE TO REQUIRE AN AFFIDAVIT ACKNOWLEDGING
RECEIPT FROM THE BUYER AT THE TIME OF THE
CLOSING AND RECORDING THAT AFFIDAVIT WITH
ACCEPTANCE.
WOULD THAT WORK?
COMMISSIONER BLAKE: YOU UNDERSTAND WHAT
I'M TRYING TO DO HERE.
MR. SHOWEN: I UNDERSTAND. YOUR TRYING TO
GET PROOF OF RECORD THAT THE HOMEOWNERS
RECEIVED A COpy OF THAT.
COMMISSIONER BLAKE: EXACTLY.
MR. HORAN: WE CAN DO THAT.
COMMISSIONER BLAKE: THANK yOU.
YOU. IN THE FORM OF AN AFFIDAVIT.
BE FINAL.
MS. GENNELL: I ,WAS GOING TO SUGGEST TO
SEND A COpy TO THE CITY, BUT IF THEY'RE
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THANK
THAT WOULD
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WILLING TO RECORD A SIGNED AFFIDAVIT, THAT'S
FINE.
MR. MCLEOD: QUESTION. WHAT HAPPENS TO
THE SECOND PURCHASER WHEN THEY'RE OUT OF
THERE, HOW DO THEY RECEIVE IT?
MR. GUTHRIE: IT'S GOING TO BE A RECORDED
RECORD THAT SHOWS UP. IF. THEY, ,DO A TITLE SEARCH
AND TITLE INSURANCE. IT'S GOING TO BE -- I'M
NOT SURE THEY'LL HAVE THE ABILITY TO
SUCCESSFULLY CONTROL WHAT NOTICE THEY GET
SUCCESSIVE --
MR. MCLEOD: BUT THE COMMISSION HERE I
THOUGHT WAS TO PROTECT THE NOT FIRST BUYER BUT
CONTINUING BUYERS. . SO ISN'T THE BY FILING
CAN'T YOU DO ANYTHING, TO FILE SO IT RUNS WITH
THE PROPERTY?
MR. GUTHRIE: IT.DEFINITELY RUNS WITH THE
LAND. I THINK COMMIS9IONER BLAKE WAS
CONCERNED, IT'S LIKE MANY, DOCUMENTS YOU GET AT
CLOSING, THEY'RE THERE. AND YOU'RE BUYING THE
LAND. THE RESTRICITIVE COVENANTS WOULD BE
RECORDED ONE TIME AND THEY AFFECT ALL LOTS
THAT ARE SOLD. AND YOU'RE SUPPOSED TO GIVE
COpy OF THEM IF THEY DO TITLE WORK. AS MOS1
SOPHISTICATED BUYERS OF LARGER PROPERTIES DO,
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THEY'LL BE REFERENCED IN THERE AND COPIES
ATTACHED, BUT THERE'S A LOT OF STUFF.
THE EASEMENT WILL BE THE SAME WAY. IT
WILL RECORDED AGAINST THESE PROPERTIES AND
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WILL SHOW UP IN ~HE CHAIN OF TITLE.
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SO, LEGALLY, THEY'RE ON NOTICE OF ITS
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EXISTENCE.
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MR. HORAN: AND, ACTUALLY, THEY'LL BE ON
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DOUBLE NOTICE BECAUSE YOU'LL HAVE THE
CONSERVATION EASEMENT RECORDED AND THEN YOU'LL
HAVE THE AFFIDAVIT RECORDED.
THE MAYOR: COMMISSIONER GENNELL.
COMMISSIONER GENNELL: JUST A TECHNICAL
QUESTION HERE. IF YOUR SIGN SAYS, DO NOT
DISTURB, ST. JOHN'S CONSERVATION EASEMENT,
WHERE DOES THAT LEAVE US ON ,OUR CODE
ENFORCEMENT OFFICERS' ,ENFORCEMENT ABILITIES IF
YOU'RE POSTING IT BASICALLY AS A ST. JOHN'S
PROPERTY?
MR. GUTHRIE: IT'S THEIR EASEMENT. I
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THINK IF WE BECOME AWARE OF A VIOLATION
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THROUGH OUR CODE ENFORCEMENT OFFICERS, I THINK
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THEY SHOULD INFORM ST.JOHN'S BECAUSE THEY
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REALLY HAVE THE RULES AND REGULATIONS, THEY'RE
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THE ISSUER OF THE PERMIT, AND THEY HAVE THE
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ABILITY TO. WE REALLY DON'T.
THE MAYOR: COMMISSIONER MCLEOD.
COMMISSIONER MCLEOD: WHY DON'T YOU HAVE
YOUR BASIC SIGN I DON'T KNOW IF IT HAS TO
BE ON EVERY ONE OF THESE LOTS, BUT, SAY, 150
FOOT OR SOMETHING, SO YOU'RE NOT JUST SETTING
UP THERE A BUNCH OF. SIGNS. - -.I MEAN, THAT'S
JUST AS INTRUSIVE AS ANYTHING ELSE YOU'RE
TRYING TO DO HERE. I THINK THERE SHOULD BE A
DISTANCE BETWEEN THESE SIGNS.
BUT THE THING IS, THE SIGNS -- WHY DON'T
YOU HAVE IT, THERE'S NO CUTT.~NG, OR TRIMMING
OR CROSSING OF WITH ANY KIND OF A DOCKAGE
WITHOUT THE PROPER PERMITTING FROM THE
AUTHORITIES OF ST. JOHN'S WATER MANAGEMENT OR
ANY -- YOU PUT PERMITTING BY ST. JOHN'S
MANAGEMENT OR CITY OF WINTER SPRINGS. BECAUSE
THERE MAY BE THINGS THAT ARE, IN OUR CODE THAT
THEY MAY COME TO US FOR RATHER THAN ST.
JOHN'S.
THAT WAY THEY'RE AT LEAST CHECKING WITH
THE CITY TO FIND OUT IN THE FUTURE WHAT THEIR
REQUIREMENTS ARE AS WELL AS ST. JOHN'S WATER
MANAGEMENT.
MR. HORAN: SO JUST LEAVE OFF ST. JOHN'S
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OR JUST PUT DOWN DO NOT DISTURB, NO CUTTING,
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TRIMMING --
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MR. MAYOR: LET ME JUST SUGGEST SOMETHING
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FOR ALL OF US. WE'RE MICROMANAGING A LAW
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HERE. THESE PEOPLE AREN'T --
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JOHN, YOU'RE INTELLGENT. FIGURE OUT
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SOMETHING THAT MAKE SENSE... AND YOU CAN'T DO
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THIS AT THIS POINT IN TIME. I THINK -- JUST
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SOMETHING THAT MAKES SENSE. I DON'T THINK
THIS KIND OF GROUP -- WHY DON'T YOU GIVE HIM
SOME CONFIDENCE HERE.
MR. HORAN: MY CLIENT'S POSITION ON THIS
IS THAT COMMISSION KALEY
COMMISSIONER
GENNELL'S SUGGESTION WAS A GOOD ONE AND ONE
THAT ACTUALLY MIGHT BE A GREAT IDEA FOR THE
PROPERTY OWNERS TO ENHANCE THE VALUE OF THE
PROPERTY, SO THAT'S WHY WE DON'T HAVE AN
OBJECTION TO PUT IT ON EACH LOT LINE AT THE
25-FOOT BUFFER AND WE THINK IT'S A GOOD
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SUGGESTION. AND WE'RE GOING TO PUT LANGUAGE
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THERE THAT'S NOT GOING TO LOOK STUPID AND IS
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GOING TO GET THE MESSAGE ACROSS AND IS GOING
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TO HAVE THE DESIRED EFFECT.
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MR. MAYOR: IS THAT GOOD ENOUGH?
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MS. GENNELL: I WOULD LEAVE IT AS
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PAGE 11
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SOMETHING THAT SAID AS BETWEEN THE CITY
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MANAGER AND MR. HORAN. THE ONLY THING I WOULD
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SAY IS, AS BRIEF AS POSSIBLE, BUT IF YOU'RE
GOING TO CITE ANYBODY, CITE THE TWO
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AUTHORITIES.
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MR. HORAN: OKAY.
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COMMISSIONER GENNELL:- .THE CITY AND ST.
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JOHN'S. AND THAT WAY THE PEOPLE CAN GO EITHER
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PLACE FOR THEIR DIRECTION OR BOTH.
MR. HORAN: NO PROBLEM.
AND THEN, FINALLY, WE WILL GO AHEAD AND DO
A SEPARATE DISCLOSURE THAT SAYS THAT THE
RESERVE CLAUSE BELONGS TO THE HOMEOWNERS
ASSOCIATION AT CLOSING. :
DUPUTY MAYOR GENNELL: THANK you.
MR. HORAN: AND JUST MAKE THAT ABSOLUTELY,
POSITIVELY CLEAR.
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MS. GENNELL: THANK YOU.
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MR. HORAN: CONDITIONED UPON GETTING AN
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ACTION ON THIS MATTER TONIGHT, WE WILL DO
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THOSE THINGS.
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THE MAYOR: OKAY. EVERYONE SATISFIED WITH
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THIS?
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THEN I NEED A MOTION TO RECORDATION OF THE
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PLAT AND CONVENANTS OF PARKSTONE UNIT I.
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COMMISSIONER GENNELL?
COMMISSIONER GENNELL: I MOVE FOR APPROVAL
AND RECORDATION OF THE PLAT FOR COVENANTS FOR
PARKSTONE UNIT I.
THE MAYOR: IS THERE A SECOND?
COMMISSIONER BLAKE: ARE YOU INCORPORATING
THE REPRESENTATIONS MADE .BY THE DEVELOPER THIS
EVENING?
MS. GENNELL: EVERY BIT OF IT. AND HE'S
GOT VERBATIM.
AND YOU'LL PROVIDE US WITH A COpy OF THE
TRANSCRIPT?
MR. HORAN: I CERTAINLY WILL.
COMMISSIONER BLAKE: SECOND.
THE MAYOR: AND SECOND.
DISCUSSION?
CALL ROLL, PLEASE.
THE CLERK: DEPUTY MAYOR GENNELL?
COMMISSIONER GENNELL: AYE.
THE CLERK: COMMISIONER MARTINEZ?
COMMISSIONER MARTINEZ: NAY.
THE CLERK: COMMISSIONER ,BLAKE?
COMMISSIONER BLAKE: AYE.
THE CLERK: COMMISSIONER MCLEOD?
COMMISSIONER MCLEOD: ,AYE.
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PAGE 13
THE MAYOR: MOTION PASSES.
MR. HORAN: THANK YOU VERY MUCH.
(THE MOTION PASSES AT 10:52 O'CLOCK P.M.)
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C E R T I F I CAT E
2
3 STATE OF FLORIDA)
COUNTY OF ORANGE)
4
I, SHARON G. HARDOON, COURT REPORTER AND NOTARY
5 PUBLIC FOR THE STATE OF FLORIDA AT LARGE, DO HEREBY
CERTIFY THAT I DID, AT THE TIME AND PLACE HEREIN
6 DESIGNATED, RECORD THE FOREGOING PROCEEDINGS IN SHORTHAND;
THAT MY SHORTHAND NOTES WERE REDUCED TO COMPUTER-AIDED
7 TRANSCRIPTION BY ME; THAT THE FOREGOING PAGES NUMBERED 2
THROUGH 13, INCLUSIVE, CONSTITUTE A COMPLETE AND ACCURA'rE
8 TRANSCRIPT OF SAID EXAMINATION AND PROCEEDINGS.
9 I FURTHER CERTIFY THAT I AM NOT OF COUNSEL FOR,
RELATED, OR EMPLOYED BY ANY OF THE PARTIES OR ATTORNEYS
10 INVOLVED HEREIN; NOR AM I FINANCIALLY INTERESTED IN SAID
ACTION.
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WITNESS MY HAND
AUGUST, 1999, IN THE CITY
STATE OF FLORIDA.
AND SEAL THIS 12TH DAY OF
OF ~NDO' CO~NTY OF ORANGE,
k1~ '
/SH RON G. HAR OON
//. COURT REPORTER, NOTARY PUBLIC
/' COMMISSION EXPIRES: 3/22/2002
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,,',-:r.~:'rt... SHARON G. HARDOON
f:"if"A!f~;~ MY COMMISSION /I CC 719385
~~~.~{<f} EXPIRES: March 22, 2002
"7.:f,p.r:~~~;"" Bonded TI1ru Notary Public Underwr1l8ru
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