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HomeMy WebLinkAbout1990 09 24 Regular -~ -- September 19, 1990 TO: City Manager coordinatorr@ FROM: Land Development RE: Agenda Item, Bentley Club . This is to accept, for City maintenance, the water and sewer system within Bentley Club. A two-year maintenance bond for this system has been furnished to the City. Also, this is to approve the plat and supplemental covenants for recordation. The City Attorney, City Engineer, Fire Chief and Police Chief have either reviewed the documents for legal content or the project and found all to be satisfactory. See attached correspondence. The roads and the stormwater management system are to be privately owned and will not be maintained by the City. /fg cc: Mayor Commission City Attorney City Clerk . .a ..,- SEP-19-'90 WED 16:05 ID:HMSC/ORLRNDO TEL NO:FRX 407-648-1155 LAW Of"F'ICItS HONtGMAN MH.~e:R SCHWARTZ AND COHN OENTURV .1."1'" Itl,lII.ClIMO-I5UITt: HOO 135 WEST CENTRAl. IOUL!V""b O"L.ANtlO, ,.LoCUUDA 3teOt.Z.-o, TtLt"t1CNE l4I071 O.I-O;aOO 'U:LEI;O~IIl" ~O?l e..'IIt1 'RANK K..U....IN.ACIU.. . . September 17, 1990 Donald LaBlanc CITY OF WINTER SPRINGS 1126 E. state Road 434 Winter Springs, FL 32708 Re: Bentley Club Dear Don: Subjec~ to our ~tandard city above-reterenoed documents are approved. 1:*503 P02 WEST .....LoN .Et,CH. '1.0"10" T...IoI....., "..o..,g" .oe... .....TON. "",e>ftIDA OlTltOIT, NleWld...N L.......llo1ca. ...101'110...... !'lOU.TON, n:K,to. 1.0. AI'IO&LE.. CAL.IP'QIIHla requiremen~fJ, tho Should you have any call me. P'CK/tlr OR0404d 091990 ~--- -~ ~~ . . -. CNA INSURANCE COMPANIES MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we A. WALTER TEMPLE, JR., TRUSTEE as Principal, and CONTINENTAL CASUALTY COMPANY , as Surety, arc held and firmly bound unto THE CITY ~F WINTER SPRINGS, FLORIDA as Obligee, in the penal sum of Nine Thousand, Seven Hundred Eighty-~~ ve and 40/100------------------------------____________($9,785.40 . to which payment wel/ and truly to be made we do bind ourselves, our and each of our heirs. executors, administrators, successors and assigns jointly and sevcrally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the for dated Bentley Club Sanitary and Water Distribution Systems WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guaranlee for the period of Two year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on day of 19_. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if t;'e Principal shall indemnify the Obligee for all loss that the Obligec may sustain by reason of any defective materials or workmanship which become apparent during the period of Two year(s) from and after then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED August 21, 1990 (L.S.) (l.S.) (L.S.) Form G.23210.A B Attorney-in-Fact Agent CNA 1'.., All 0... (""mmil",",." \'".. Mak,.' ....... "WI" ,., . . ~_tL:t:t~_F;J'~I.?!1It.X:,_D~~Ll\Bl\,:LtQJ~LQX .Q.QY~~J:lbl{J_S J_ G9NPJ5_t9.NS__ A.r-{D _R.E.SJo'.RJ _~TJ_ OJ>l~ THIS . SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, made this _ day of _, 1990, by A. WALTER TEMPLE, JR., TRUSTEE ("Temple") and BENTLEY GREEN JOINT VENTURE I, a Florida general partnership ("Bentley"). WIT N E SSE T H: WHEREAS, Temple recorded that certain Bentley Green Declara- tion of Covenants, Conditions and Restrictions dated May 22, 1989 in Official Records Book 2071, Page 380 of the Public Records of Seminole County, Florida (the "Declaration"); and WHEREAS, Temple assigned to Bentley certain rights as Declarant to the Declaration in that certain Warranty Deed recorded in Official Records Book 2072, Page 129 of the Public Records of Seminole County, Florida; and WHEREAS, the Declaration provides that Additional Properties can be brought within the scheme of the Declaration by the Declarant; and WHEREAS, Temple owns certain real property (the "Bentley Club Property"), more particularly described on ~xhibj,.J:~~~ attached hereto, which Temple and Bentley desire to bring within the scheme of the Declaration. NOW, THEREFORE, themselves and their and state as follows: Bentley (as Declarant) successors and assigns, and Temple, for do hereby declare 1. Additional Property. The Bentley Club Property is hereby brought within the scheme of the Declaration, as provided in Article II, Section 2 of the Declaration. This Supplemental Declaration is made for the purpose of annexing the Bentley Club Property, as Additional Property, to the scheme of the Declara- tion and extending the jurisdiction of the Association (as defined in the Declaration) to the Bentley Club Property. 2. ~etR~~~~. Article IX, Section 23 of the Declaration is hereby deleted, as to the Bentley Club Property only, and replaced with the following: Section 23. .~_~_tba_~~_~. In addi tion to any setback require- ments of the City of Winter Springs, Florida, any building structure located on any Uni t shall not be located any nearer than a minimum of twenty (20) feet from the front or rear property lines, seven and one-half (7.5) feet on side lot lines providing all building structures are no nearer than fi fteen (15) feet from any bui lding structure on any -~ -- side ~djoining Unit, one hundred (100) feet from the centerline of Howell Creek, twenty (20) feet from any golf course or country club property, and twenty (20) feet from any retention or detention ponds or the existing golf course pond. 3. kIg_!:LS_~_$_~~~e_~o_oj;_~~~_. As to the "Addi tional Property" only, each residential dwelling built upon any Unit shall have at least one thousand nine hundred (1,900) square feet of indoor floor area, exclusive of porches, garages and any unairconditioned or unheated space. 4. V}1Lt_~_a_1l(::ts_~_a2j.Jl_g. As to the "Additional Property" only, Article X of the Declaration shall not be applicable. Each Unit owner in the Bentley Club Property shall be fully responsible for maintaining any and all landscaping upon his Unit. Such land- scaping shall comply with the requirements of Article IX, Section 2 of the Declaration. Failure to so maintain shall entitle the Association to enter upon any such Uni t to perform any such maintenance, as provided in Article VIII, Section 1, and to assess the cost of such to the Uni t Owner as provided in that Article VI I I. All assessments for maintenance of landscaping within the Property originally encumbered by the Declaration and known as Bentley Green Unit I shall be the sole responsibility of the Unit owners within said Bentley Green Unit I, consistent with Article VI, Section 9 of the Declaration. . 5. 1'\_s_13_es_~_me_D_t...~. The ini tial annual assessment referenced in Article VI, Section 5 of the Declaration shall be Three Hundred Dollars ($300.00) per Unit in the Bentley Club Property. 6. pe~~~~~Dt. Temple and Bentley do acknowledge and agree that, notwithstanding the assignment to Bentley of certain rights as Declarant in that certain Warranty Deed recorded in Official Records Book 2072, Page 129 of the Public Records of Seminole County, Florida, that Temple did also reserve to himself, and Bentley does hereby assign to Temple, co-existent rights as Declarant under the Declaration, including but without limi tation as to all lots owned by Temple in the Addi tional Property. 7. 1J_~j_t...~tlons. Except as expressly provided above, all of the terms, covenants, conditions and restrictions of the Declara- tion shall be fully applicable to the Bentley Club Property. IN WITNESS WHEREOF, Temple and Bentley have caused these . -2- ~a .,.,w . . presents to' be executed as of the day and year first above written. Signed, sealed and delivered in the presence of: /,) _,f c-' 41 ,:'CZ~~~MfJl~ ~ 'j ~ /. ~ -- STATE OF FLORIDA ) .Ii )SS: COUNTY OF ~'P:'</-- ) 1/' G. lJJih Q A. WALTER TEMPLE, JR., e BENTLEY GREEN JOINT VENTURE I, a Florida general partnership By: SUNVEST REAL ESTATE, INC., a Florida corporation Managing Joint Ve urer By:(l. lJ A. Walter President (Corporate Seal) The foregoing instrument was acknowledged ~ 1_ day of (~, 1990 by A. Walter Temple, Jr., " // I 7~?' __Ua.-:!-_~~ -, - < N,O'l'ARY PUBLIC STATE OF FLORIDA COUNTY OF /~~1'~ ) )SS: ) before me Trustee. ../' ./ I ~~.;. -;-(. -==~ this i My Commission Expires: NOTARY rUB~!C STATE Of FLORID^ MY cot.mSSIOI'l EXf'. I".AY, 17,1994 BONDED TKRU GSH[RAL INS. UNO. J'he foregoing instrument was acknowledged before me this 2q~~~day of L2?~~, 1990, by A. Walter Temple, Jr., as Presi- dent of Sunvest Real Estate, Inc., a Florida corporation, Manag- ing Joint Venturer on behalf of BENTLEY GREEN JOINT VENTURE I, a Florida general partnership. R:831/D4024 06/21/90 .a2~/ f'tL~~t.-?-'=- NO'rARY PUBLIC , My Commission Expires: No~rRY p'IS' 1e STAlE OF FLORIDA 1-1'1' 20~IJ~I~51CN EXP. ~\.W 17,1994 _ 3 - BOtlDE.D TK~V GENEP.AL 1 NS. WID. ...., Exhibit "A" Additional Pro2ftrt~ ee From the North~st coriier orWINTER-SPRrnGS"UNtT~:as recorded in Plat Book 17. Pages 89 and 90. Public Records of Seminole County. Florida; run N 87051'00" E along an Easterly extension of the North line of said WINTER SPRINGS UNIT 3. a distance of 395.67 feet to a point on the East easement line of a Florida power and Light Easement recorded in . Official Record Book 183. Page 130. Public Records of Seminole County. Florida; run thence N 31045'52" W along said East easement line for a distance of 3674.63 feet; thence run East }426.66 feet to the Point of Beginning. said point bcing on the centerline of HoweU Creek; run thence Northerly along said centerline of Howell Creek the following courses: run N 14031'15" E for a distance of 103.24 feet; thence run N 40031'18" E for a distance of 53.38 feet; thence run N 06008'17" E for a disl;\nce of 107.86 feet; thence run N 64020'12" E for a distance of 107.70 feet; thence run N 13025'05" W for a distance of 160.26 fee~ thence run N 21036'48" W for a dislance of 84.60 fed; thenct run N 24028'06" E for a distance of 51.90 feet; thence run N 06002'13" E for a distance of 79.25 feel; thence run S 42023'31" E for a disLlnce of 73,29 feel; thence run N 18047'34" E for a distance of 21.66 feet; thence leaving aforesaid centerline of Howell Creek run S 69018'41" E for a distance of 383.72 feet; thence run S 8r37'OS" E for a dislance of 484.86 feet to a point on the Westerl)' Right-of-Way line of GrecnbriJr Lane (60' R!W). said point being on a non-tangent curve conCJve Easterly hJving a radius of 626.89 feet; thence from a tangent bearing of S 2r30'36" W, run SouLl)erly along the arc of said curve and said Wested)' Right-of-Way line for a distance of 239.42 feet through a ceolIJl angle of 21052'56" to the point of tangency; thence run S 0003'1'40" W along said Westerly Right-of-Way line for a distance of 346.49 [cct.; thence leaving said Westerly Right-of- Way line run the following courses along the Northerly line of BENTLEY G R fEN UN IT 1. recorded in Pial Book 41, Pages 42 through 45 of the Public Records of Seminole County,Florida; thence run N 86032'15" W for a distance of 20.96 feel; thence run S 76018'42" W for a distance of 134.15 feet: thence run S 8r 17'31" W for a distance of 113.53 feet; thence run S 41015 '17" E for a distance of ] 36.01 feet; thence run S 19045'51" E for a distance of 134.39 feet; thence run S 82031'35" W for apistance of 117.51 feet; thence run N 73037'28" W for a distance of 47.4~ feet to a point on a non-tangent curve concave Soulh,vesterly h;.ving a radius of 274.86 feet and a chord bearing of S 10053'40" E; thence leaving SJid NOr1herly line, run Southerly along the arc of said curve and the Westerly Right-of-Way line of Bentley Green Circle (40' R{W) through a ccnlIal angle of 15038'03" for a distance of 75.00 fee~ thence run N 88001'34" W along the North line of Lot 25 of said BENTLEY GREEN UNIT 1 fora dist.ance of 119.93 feet; thence run N 34039'39" W along the Easterly line of Tract "C" of said BENTLEY GREEI' UNIT 1 for a distance of 25.00 feet; thence run S 74028'08" W along the Northerly line of SJid Tract "C" for a diSl.1nce of 102.32 feet; thence run N 15031'52" W for a distance of 294.99 iect; thence run N 40004'32" W for a distance of 122.77 feet; thence run S 74034'26" W for a distance of 140.90 feet; thence run N 54026'46" W for a disLloce of 216.20 feet to the Point of Beginning. e e Containing 15.996 Jcres more or less. ~ J " FIRE DEPARTMENT 102 NORrH MOSS ROAD WINTER SPRlNGS, FLORlDA 32708 TELEPHONE (407) 327-2332 FIRE AND RESCUE SERVlCES September 19, 1990 MEMORANDUM TO: Land Development~~rdin~tor FROM: Fire Chief ~~ SUBJECT: Follow Up Inspection - Hydrants - Bently Green The follow up inspection on fire hydrants in Bently Green have been reinspected and tested and now meet fire department requirements as of this date. . . WIN T E R S P R I N G S POL ICE D E PAR T MEN T e TO: DON LEBLANC, LAND DEVELOPMENT COORDINATOR FROM: JOHN GOVORUHK, CHIEF OF POLICE DATE: SEPTEMBER 04, 1990 SUBJ: BENTLEY CLUB 30-90 . The Police Department has inspected Bentley Club formerly Bentley Green Phase II, and as of this date it is recommended for acceptance. /7 .~/1 // /1 /' L_>- / ,.:/ , ,,' I) ;/ '\ / / /C~Jth~)fu~6iCfif?':'-(/--' Chief'- of Police JG/eds . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST S1 ATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-'800 August 30, 1990 Mr. Brian Austin, P.E. Donald W. McIntosh Assoc., Inc. 2200 Park Avenue North Winter Park, FL 32789 Re: Bentley Club (aJkJa Bentley Green & Fairway Lakes) Phase II Dear Brian: . The "as-built" inspection for the subject project was completed on August 30, 1990 and was found to be in general conformance to the engineering plans approved by the City. The lias-built" engineering was found to be satisfactory. Sincerely, Jfg cc: City Manager Land Development Coordinator Building Official . ---- ~- . . ~ ~ I. August 6, 1990 TO: Land Development Coordinator City Engineer ~~ Maintenance k~~~for Bentley Green (Bentley Club) _ Water and Sewer FROM: SUBJECT: The cost breakdown for the water and sewer infrastructure was received from the engineer of record via the developer for Bentley Club at Bentley Green. The total as-built cost for this system is $97,854. Upon reviewing the cost breakdown, it was found to be satisfactory. Therefore, a maintenance bond of ten percent (10%) of this cost, of $9,785.40 is recommended. ffg cc: City Manager - '. . CITY OF WINTER SPRINGS, FLORIDA STATE OF FLORIDA: COUNTY OF SEMINOLE: 11 26 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 I, Mary T. Norton, City Clerk of the City of Winter Springs, Florida, do hereby certify that the following petitions for nomination for office in the November 6, 1990 Municipal election were received by me together with the filing fee before 5:00 P.M., September 18, 1990: Mayor - 3 Year Term Philip A. Kulbes John V. Torcaso Commissioner, Seat II (3 Year Term) Richard P. Conniff Art Hoffmann Don Jonas Commissioner, Seat III (1 Year Unexpired Term) John Langellotti Commissioner Seat IV (3 Year Term) John Ferring Terri Donnelly Witnesses: , ~- .- ~/ M~r: ~ Mary T. Norton,