HomeMy WebLinkAbout1993 04 12 Regular
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April 5, 1993
TO:
Frank Kruppenbacher, Esquire
City Attorney, Winter Springs
Land Development coordinato~
FROM:
RE:
Proposed Letter of Credit (Performance), Deer Song Phase II
Please review the above referenced. I added "OF DEER SONG PHASE II" to
ensure that the project is identified. The City Engineer is presently
reviewing the future costs needed to finish the project in order that there
be an amount. All else appears to be correct.
The proposed plat and covenants have previously been approved by your
office.
I plan to have the plat, covenants, and proposed Letter of Credit on the
Agenda for Commission action on April 12, 1993.
cc:
City Manager
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Post-It'. brand fax transmittal memo 7671
To
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Dept.
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Fax 1/
Fax 1/
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Your LOCALLY CXvned Independent Bank
407 E. Alfred Street
Tavares, Florida 32778
(904) 742-8395
Issue Date
Letter of Credit M
Applioant:
City of Winter SprinB8
1126 E. State Road 434
Winter SprinS8, Florida 32708
Expiration Date: Upon
Approval of Work by City
Amount:
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We hereby issue thie irrevocable letter of credit in your favor
whioh is available at siBht by dratts drawn on BankFIRST, Eustis,
Florida 32726, bearins the clause drawn under Irrevocable Letter
of Credit # aocompanied by:
-k
A STATEMENT PURPORTEDLY SIGNED BY THE CITY OF WINTER SPRINGS OR AN
AUTHORIZED REPRESENTATIVE STATING THAT
HAS DEFAULTED UNDER ITS OBLIGATIONS TO THE CITY AS SET FORTH IN
PLANS AND SPECIFICATIONS DATED JULY 21, 1992 FOR THE COMPLETION OF
THE ROADS, PARKING, SEWER LINES, WATER LINES, STORM FACILITIES,
SIDEWALKS, ETC., INCLUDED IN APPROVED PLANS AND SPECIFICATIONS.
o~ "!x=.G""Q. '5()N~ ~\-\.I\S~:n:.
SPECIAL CONDITIONS:
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We hereby ensose with the bona tide holders ot 011 drafts drawn
under and in oomplainc& with the terms ot this Letter ot Credit
that suoh drafts will be duly honored upon presentation to us.
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. AUthorized Signature
1I11/kdsd
~Ud "y 85:80 E6-l~-EU
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LAW OJl"Jl"ICES
HONIGMAN MILLER SCHWARTZ AND COHN
.. ""'tTNl!:A.SHIP 'NCLUDING "AQ"E$510NAL ASsOCIATION'
FRAN K I<RU PPEN BACH ER. P.A.
390 NORTH ORANGi AVItNUE
5UITe; 1300
ORUl.NOO. I"'LORIOA 3280'.1677
TELl:PHONE 14Q7I 648.0300
TELtCOPtEIt 14011 t..oI&-Il55
OIRItCT CiAo\. NUMBER
(",on 6-49-740S
March 15, 1993
Mr. Donald R. LeBlanc
Land Development Coordinator
city of Winter Springs
1126 East state Road 434
Winter Springs, FL 32708
Re: DeerSong 2, Proposed Plat and Covenants,
and Title Opinion
Dear Don:
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MAR 23 1993
CITY .r WINTER SPRINGS
w'Crtf...~tf~ 1"1001'1104
T,A"'P"':"LhRIl),A
DCTAOIT. MICH,G,AN
LAN5ING. MICHIGAN
HOl./.$TQN. TEXoAS
LOS ...,..GC\.(:.$. CALIFORN'4
Pursuant to the attached, the above-referenced documents
are approved.
Should you have any questions, please call me.
Very truly yours,
SCHWARTZ AND COHN
FCK:dmv
0278J.d
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SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS, CONDmONS
AND RESTRICTIONS FOR DEERSONG
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THIS SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR DEERSONG (hereinafter referred to as the
"Supplemental Declaration") is made and entered into as of the _ day of . 1992 by
SALA, INC., a Florida corporation, having an address of P. O. Box 533116, Orlando, Florida 32853
(hereinafter referred to as the "Declarant").
WIT N E SSE T H:
The Declarant made and entered into that certain Declaration of Covenants, Conditions and
Restrictions for DeerSong (the "Declaration") dated February to, 1992, and recorded on February
12, 1992 in Official Records Book 2389, Page 0020, Public Records of Seminole County, Florida;
and
WHEREAS, the Declarant is the Declarant pursuant to the Declaration; and
WHEREAS, the Declarant is the owner of the real property described on Exhibit A,
attached hereto (hereinafter referred to as the "Additional Property"); and
WHEREAS, the Declarant desires to add the Additional Property to the Property in
accordance with the provisions of Article IX, Section 8 of the Declaration in accordance with the
terms of this Supplemental Declaration.
NOW, THEREFORE, the Declarant, pursuant to the authority vested in the Declarant by
virtue of the provisions of Article IX, Section 8 of the Declaration hereby states and declares as
follows:
1. The recitals set forth above are true and correct and are hereby incorporated herein.
2. The Additional Property is hereby annexed to and hereby made a part of the
Property by the Declarant and shall hereinafter be subject to all the terms, conditions, covenants,
easements, and all other agreements set forth in the Declaration.
3. The term "Property", as defined in Article I, Section 12 of the Declaration, shall
hereinafter include the Additional Property.
4. The term "Lot", as defined in Article I, Section 9 of the Declaration shall hereinafter
include all of the platted residential lots described on the plat for the Additional Property
(hereinafter referred to as the "Deersong 2 Plat"), as more particularly described in Exhibit A
attached hereto.
5. Tract "A" and Tract "B" and all property described on the DeerSong 2 plat as
Common Area shall hereinafter be included in the definition of "Common Area" as defined in
Article I, Section 4 of the Declaration.
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IN WITNESS WHEREOF, the Declarant has set its hand and seal as of the day and year
first above writtc;m.
Signed, sealed and delivered in the
presence of:
?}J;C;heL ft. Sehra.m
Print Name:
DECLARANT:
SALA, INC., a Florida corporation
~1~> 175'
Print Name: ,/ ~';}? (
By:
CORPORATE SEAL
ADDRESS:
P. O. Box 533116
Orlando, Florida 32853
STATE OF FLORIDA
COUNTY OF
:3
The foregoing instrument was acknowledged before me this2lf. day of ~A.IU'~_ 199iby
HOUSHANG SABETI as the President of Sala, Inc., a Florida corporation, ~ said
corporation, who is personally known to me or has produced ~~j~ .
as identification and who did/did not take an oath.
........
...~ ~.. OFFICIAL SEAL
l ~ \ RACHEL A. SCHRAM
: 1 My Commission Expires
~.">.:-Al Jan. 6, 1997
. '4 .
../t OF f... Comm. No. CC 250850
.........
Q~hL a ..v?~
NOTARY PUB~
PRINT NAME: ~/heL)J. 5~ Y'a..Y1-1.
COMMISSION NO: (J{!. ~50~SO
MY COMMISSION EXPIRES: /- - 9?
DEERSONG.2
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6. Tract "A" and Tract "B", as desCribed on the DeerSong 2 plat, shall hereinafter be
a part of the Surface Water or Stormwater Management System as defined in Article I, Section 13
of the Declaration.
7. Notwithstanding that the Additional Property shall hereinafter be included in the
defined term "Property", as defined in the Declaration, the term "Property" as set forth in Article
II, Section 5 of the Declaration shall mean and refer to the Property as originally defined in the
Declaration prior to the addition of the Additional Property to the defined term "Property".
8. Pursuant to the requirements of Article IX, Section 8 of the Declaration and the
terms of Article IX, Section 4.B., the City of Winter Springs, Florida, hereby executes this
Supplemental Declaration for the sole purpose of consenting to the Additional Property to be
subject to the terms, conditions, covenants, easements and all other agreements set forth in the
Declaration.
9. By virtue of the addition of the "Additional Property" to the Property as set forth
in this Declaration, the Common Area shall hereinafter include a pool and cabana located on the
Common Area within the Additional Property. From and after the date hereof, the cost of
operating, insuring, repairing, replacing and maintaining such recreational facilities shall be the
obligation of the Association as defined in the Declaration and shall be included in the cost of any
assessments levied by the Association.
10. The Additional Property is a portion of the Abutting Property, as defined in the
Declaration. The Declarant is presently the owner of that portion of the Abutting Property not
included within the Additional Property (the "Remaining Property"), which Remaining Property is
more particularly described on Exhibit "B" attached hereto. The Declarant hereby reserves (i) a
perpetual, non-exclusive easement in favor of the owner of the Remaining Property, and said
owner's successors, assigns, tenants, employees, agents, guests, invitees and licensees over Tract "A"
and Tract "B", as more particularly described on the DeerSong 2 Plat, and over all property
described on the DeerSong 2 Plat as Common Area for ingress, egress and the right to use, install,
maintain, repair and replace stormwater lines and any and all other stonpwater facilities and to
drain, retain and detain stormwater from the Remaining Property on said Tract "A" and Tract "B"
and (ii) a perpetual, non-exclusive easement in favor of the owner of the Remaining Property, and
said owner's successors, assigns, tenants, employees, agents, guests, invitees and licensees over all
property described on the DeerSong 2 Plat as Common Area for ingress, egress and the right to
use, install, maintain, repair and replace any and all utilities lines and all other utilities facilities
including, but not limited to, electrical, telephone, cable television, water, sewer and gas lines and
other related facilities.
11. In the event of a conflict between the terms of this Supplemental Declaration and
the terms of the Declaration, the terms of this Supplemental Declaration shall control. Other than
as amended hereby, the Declaration shall remain in full force and effect.
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EXHIBIT A
All property platted by the plat for DeerSong 2, which Plat is recorded in Plat Book _
' of the Public Records of Seminole County, Florida.
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EXHIBIT liB"
LEGAL DESCRIPTION
Commencing at the NE comer of Indian Ridge, .a Condominium, Phase II, as
recorded in Condominium Exhibit Book 25, Pages 26 and 27, of the Public
Records of Seminole County, Florida; said point being on the westerly Right-
of-Way line of Sherry Avenue; thence run N 14052'2511 E 258.00 feet along
said Right-of-Way line to the Point of Beginning; thence leaving said.Right-of-
Way line run N 77030'OJ II W 148.51 feet; thence run N 67015'00" W 425.00
feet; thence run S 06018'22" W 154.04 feet; thence run S oooOO'()(j" W 51.62
feet to the northwest corner of the recreation area of the aforesaid Indian
Ridge, a Condominium, Phase II; thence continue along the west line of said
recreation area the following two courses S 00000'0011 W 168.38 feet; thence
run S 26002'0611 W 102.95 feet to the southwest comer of said recreation
area; thence run along the northerly boundary line of said Indian Ridge, A
Condominium, Phase II, N 75004'2511 W 130.28 feet to the Northeast comer
of Doug' s Unit # 1 as recorded in Plat Book 31, Page 53 of the Public Records
of Seminole County, Florida; thence run N 56001 '2011 W 541.82 feet along the
North line of said Doug's Unit #1 to a point on the easterly Right-of-Way line
of Moss Road, extension per O.R. Book 1338, Pages 620 and 621, thence run
N 33001 '52" E 914.36 feet along the Eastern Right-of-Way line of Moss Road
an 80 foot Right-of-Way as established per O.R. Book 1338, Pages 620 and
621, to the Southerly Right-of-Way line of State Road '419; per O.R. Book
1139, Pages 1563 thru 1565; thence run along said Southerly Right-of-Way
line being a curve concave Northeasterly having a radius of 2420.86 feet, a
central angle of'20058'10",a chord that bears S 64055'4411 E. for an arc
distance of 886.00 feet to a point on the Westerly Right-of-Way line of
aforesaid Sherry Avenue; thence run S 14052'2511 W 476.42 feet to the Point
of Beginning.
LESS:
All property platted by the Plat for DeerSong 2, which Plat is recorded
in Plat Book , Page . , of the Public Records of
Seminole County, Florida.
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UIAlI_I\'I'I'DIlLCOI.fH
noI07
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JOINDER AND CONSENT
THE DNDERSIGNED,INDEPENDENCE MORTGAGE CORPORATION OF AMERICA, as
the owner and holder of that certain
(i)
Mortgage from Sala, Inc., a Florida corporation, to Independence Mortgage
Corporation of America, dated March 30, 1990, and recorded on April 9, 1990 in
O.R. Book 2169, Page 1247, Public Records of Seminole County, Florida;
Assignment of Leases and Rents by Sala, Inc., a Florida corporation, in favor of
Independence Mortgage Corporation of America, recorded on April 9, 1990 in O.R.
Book 2169, Page 1258, Public Records of Seminole County, Florida;
Collateral Assignment of Water and Sewer Rights by Sala, Inc., a Florida
corporation, to Independence Mortgage Corporation of America, recorded on April
9, 1990 in O.R. Book 2169, Page 1262, Public Records of Seminole County, Florida;
and
DCC-1 Financing Statement by Sala, Inc., a Florida corporation, as Debtor, in favor
of Independence Mortgage Corporation of America, as Secured Party, recorded on
April 9, 1990 in O.R. Book 2169, Page 1271, Public Records of Seminole County,
Florida
(ij)
( iii)
(iv)
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(said Mortgage, Assignmeot of Leases and Rents, Collateral Assignment of Water and Sewer Rights
and DCC-1 Financing Statement shall hereinafter be collectively referred to as the "Security
Instruments"), hereby joins in and consents to that certain Declaration of Covenants, Conditions
and Restrictions for Deersong by Sala, Inc., a Florida corporation, dated February 10, 1992, and
recorded on February 12, 1992 in O.R. Book 2389, Page 0020, Public Records of Seminole County,
Florida (the "Declaration") and that certain Supplemental Declaration to Declaration of Covenants,
Conditions and Restrictions for DeerSong (the "Supplemental Declaration") by Sala, Inc., a Florida
corporation, to which this Joinder and Consent is attached, and hereby subordinates any interest
the undersigned may have by virtue of the Security Instruments to the terms, rights and obligations
as set forth in the Declaration and in the Supplemental Declaration.
IIilWITNESS WHEREOF, the party hereto has set its hand and seal as of the 3/"-/' day of_
/ nc;~'\./ ,1993-
Witness:
(type or print legibly)
INDEPENDENCE MORTGAGE
CORPORATION OF AMERICA
B~'hC. 4J~
Name: P DU 1Ji'1(
(type or print legibly)
As its: Senior Vice President
Address: 2699 Lee Road #600
Winter Park, PI 32789
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April 5, 1993
TO:
City Manager
coordinator~
FROM:
Land Development
RE: Agenda Item, DeerSong Phase II Plat and Covenants
Approval/Disapproval
This is for plat/covenants approval/disapproval only.
Commission at this time does not include acceptance of
This will require Commission approval at a later date.
Action by the
any improvements.
The City Engineer will require a performance guarantee of some type. He
is researching the amount required. In this regards, the Developer will
furnish a Letter of Credit, a sample being reviewed by the City Attorney.
The City Attorney has reviewed the plat and the covenants and found these
to meet all legal requirements. See attached documentation.
NOTE: Please return the plats to me after the meeting.
cc:
Mayor
Commission
City Attorney (w/o plat and covenants)
City Clerk (w/o plat)
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April 5, 1993
TO:
City Manager ~
Land Development Coordinator~
FROM:
RE:
Agenda Item, Chestnut Ridge Plat and Covenants. ApprovaljDisapproval
This is for plat and covenants approval/disapproval only. Action hy the
Commission at this time does not include acceptance of the infrastructure
or the stormwater management system. This will require Commission action
at a later date.
The Cit~ Engineer has required a performance bond, or similar instrument,
in the a$unt of $176,154.32. This has been satisfied by the developer
depositing that amount in an escrow account with the City.
The City Attorney has reviewed the documents and found them to meet all
legal requirements. Please see attached documentation.
NOTE: Please return the plats to me after the meeting.
.
cc : Mayor
Commis.sion
City Attorney (Jil/o plat and covenantsJ
City Clerk Cw-1o plat}
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LAW OF"F"ICES
HONIGMAN MILLER SCHWARTZ AND COHN
A PARTNERSHIP INCLUDING PROHSSIDNAL ASSOCIATIONS
f"RANK KRUPPENBACHER, P.A.
390 NORTH ORANGE AVENUE
SUITE 1300
ORLANDO. "'LORIDA 32801"677
DIRECT DIAL NUMElER
14071649.7405
TELEPHONE 14071648'0300
TELECOPIEA (4071 648.1155
March 15, 1993
Mr. Don LeBlanc
Land Development Coordinator
City of ~bnter Springs
1126 Easb-State Road 434
Winter Springs, FL 32708
Re: Chestnut Ridge
Dear Don:
m~<SrnJ~
J.fAR 22 19!1
lJ!tJ,"U~v
CITY .r WINTER SPRINGS
tHY MANAGER
WEST P"'L.. BE"'CH. F"LORIO...
T.....p.... F"LORIO...
DETROIT. ..,CH.G.....
L.....SING. "'CHIG...N
HOUSTON. TEX...S
LOS .....GELES. C...L'F"OR..,...
Per your request, the above documents and your comments
were reviewed. We agree with your comments and approve the
same as legal.
Should you have any questions, please call me.
Very truly yours,
FCK:dmv
02782d
AND COHN
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January 28, 1993
TO:
Land Development jdina/
City Engineer ~ V
Chestnut Ridge - Perfonmance Bond
FRQ1:
SUBJECT:
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The City has received a cost break down of the remaining portion of the
infrastructure of Chestnut Ridge to be constructed.
The total cost comes to $176,154.32. This is the amount that is needed for
a perfonmance bond to cover the completion of the project.
Attachnent
Intl
cc: City Manager
Building Department
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THEAMERICAiVi BAN'K
_... -,- -- ~ --- -__ _ ____.I. _____
197079
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OF THE SOUTH
MERRITT ISLAND. ~LORIOA 32952
II- . q ? 0 ? q II- I: 0 b 3 ~ 0 ? ... q 0 I: II-
4'
63-749/631
Janllrl ry 13, 1 993
PAY 6~J~RE OF City of Winter Sorinas
~"EgoZ1~~..r 7 G ..T 15 .~f. DDl.S 3 I~ CTS
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I $ :11.~,154. 3LJ (
DOLLARS .
THE PURCHASE OF AN INDEMNITY BOND
WILL BE REQUIRED BEFORE THIS CHECK
WILL BE REPLACED OR REFUNDED IN THE
EVENT IT IS LOST, MISPLACED OR STOLEN.
Chestnut Ridge - Final Paynent
REMITTER Rd SP.r..Pr I Wit h..r I et~ IMl\R Imj~
CASHIER'S CHECK
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DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
CHESTNUT RIDGE
THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR CHESTNUT
RIDGE (the "Declaration") is made this day 2 6 of October, 1992,
by THE AMERICAN BANK OF THE SOUTH (the "Developer");
WIT N E SSE T H:
WHEREAS, Developer is the owner of certain real property known
as CHESTNUT RIDGE, according to the Plat (the "Plat") thereof as
recorded in Plat Book ,Page ,et. seq., of the Public
Records of Seminole County, Florida, together with the Common Areas
as hereinafter defined (the "Property"); and
WHEREAS, Developer desires to create on the Property a
residential community of single family residences; and
WHEREAS, Developer desires to provide for the preservation and
enhancement of the property values and amenities in said community
and for the maintenance of the Common Areas and improvements
thereon, if any, and to this end, desires to subject the Property
to the covenants, restrictions, easements, reservations,
requirements, charges and liens, hereinafter set forth, each and
all of which is and are for the benefit of the Property and each
Owner thereof; and
WHEREAS, Developer has deemed it desirable for the efficient
preservation of the values and amenities in said community to
create an entity to which should be delegated and assigned the
powers of maintaining and administering and at such time as
provided in this Declaration owning the Common Areas; administering
and enforcing the Covenants and Restrictions; collecting and
disbursing the assessments and charges hereinafter created; and
promoting the recreation, health, safety and welfare of the Owners;
and
WHEREAS, the Developer has incorporated or will incorporate
under the laws of the State of Florida as a nonprofit corporation,
Chestnut Ridge Homeowners' Association, Inc. (the "Association")
for the purposes of exercising the functions stated above, which
Association is not intended to be a "Condominium Association" as
such term is defined and described in the Florida Condominium Act
(Chapter 718 of the Florida Statutes).
NOW, THEREFORE, the Developer declares and establishes that
the Property is and shall be held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, easements,
reservations, requirements, charges and liens (sometimes
hereinafter referred to as "Covenants and Restrictions")
hereinafter set forth, which Covenants and Restrictions shall run
with the land.
RBI I I 10000OOOIIIlTRMAP09.IOB
920911.2
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ARTICLE I
DEFINITIONS
section 1. The following words when used in this
Declaration or any supplemental declaration (unless the context
shall otherwise prohibit), shall have the following meanings:
(a) "ARB" shall mean and refer to the Architectural
Review Board as defined in Article II hereof.
(b) "Association" shall mean and refer to Chestnut Ridge
Homeowners' Association, Inc., a Florida corporation not-for-
profit, which has been or will be incorporated.
(c) "Builder" shall mean and refer to an Owner who has
purchased a Lot for the sole purpose of erecting a Living unit on
the Lot for resale to an Ultimate Purchaser.
(d) "Common Areas" shall mean and refer to the following
easement rights as more particularly designated on the Plat and
therein expressly reserved for certain therein stated public and
private uses together with walls, fences, irrigation systems,
signage, landscaping and other improvements and facilities now or
hereinafter in existence in connection therewith:
(1) Entry landscape and signage easements all
as more particularly described on the Plat ("Entry
Landscape and Signage Easements");
(2) Storm water drainage easements granted
unto Developer in that certain Easement Agreement
recorded in Official Records Book 2441, Page 0364, et.
~, of the Public Records of Seminole County, Florida,
all as more particularly described on the Plat;
(3) Fifteen (15) feet wide utility easement
over Lots 7 and 8, all as more particularly described on
the Plat;
(4) Fifteen (15) feet wide drainage easement
over Lots 49 and 50, the center line of which easement is
the line forming the property line between Lots 49 and
50, all as more particularly described on the Plat;
(5) Fifteen (15) feet wide utility easement
over Lots 38 and 39, all as more particularly described
on the Plat;
(6) Fifteen (15) feet wide drainage easement
over the rear of Lots 37-49, all as more particularly
described on the Plat;
RI!\IIIO'1>OOOlIRTRMAP09.1OB
920911.1 .
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(7) Ten (10) feet wide utility easement on the
interior street sides and rear of each and every Lot;
(8) Fifteen (15)
over Lots 32 through 33 ,
described on the Plat;
feet wide utility easement
all as more particularly
(9) Fifteen (15) feet wide utility easement
over Lots 39 and 40, all as more particularly described
on the Plat;
(10) Twenty (20) feet wide drainage easement
over Lots 33-36, all as more particularly described on
the Plat;
(11) Five (5) feet wide landscape and wall
easement on that side of Lots 1, 2, 3, 4, 5, 6, 7, 8, 52,
and Tract A adjacent to and parallel with Greenbriar
Lane; five (5) feet wide landscape and wall easement on
that side of Lots 8, 9, 10, 11, 12, 31, 32, 33, and 34
adjacent to and parallel with Northern Way;
.
(12) Five (5) feet wide landscape and wall
easement over the rear of Lots 34 and 36; five (5) feet
wide landscape and wall easement on that side of Lot 39-
40 adjacent to and parallel with the west side of Lot 1,
Fairway Oaks, Unit 1, according to the Plat thereof, as
recorded in Plat Book 23, Pages 96 through 98, of the
Public Records of Seminole County, Florida; five (5) feet
wide landscape and wall easement on that side of Lot 36-
39 adjacent to and parallel with Oxbow Lane, all as more
particularly described on the Plat;
(13) Fifteen (15) feet wide drainage easement
over Lots 41 and 42, all as more particularly described
on the Plat;
(14) Tract A, drainage retention area shall be
owned and maintained by the Homeowners Association, as
more particularly described on the Plat.
(e) "Living Unit" shall mean and refer to any portion of
a building situated upon the Property designed and intended for use
and occupancy as a residence by a single family.
(f) "Lot" shall mean and refer to any plot of land
within the Property designated on the Plat as. a Lot.
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(g) "Maintenance Year" shall mean and refer to a year
running from January 1 through December 31 of each calendar year.
(h) "Members" of the Association shall mean and refer to
all owners and the Developer.
RE\IIIOS'.OOOI\RnMAP09.IOO
910911.1
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(i) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title to
any Lot and/or Living unit which is situated upon the Property;
but, notwithstanding any applicable theory of the law of mortgages,
Owner shall not mean or refer to the mortgagee unless and until
such mortgagee has acquired title pursuant to foreclosure or any
proceeding in lieu of the foreclosure.
(j) "Rules and Regulations" shall mean and refer to any
and all rules and regulations duly promulgated by the Board of
Directors of the Association pursuant to its powers under the
Declaration, Articles of Incorporation and By-laws of the
Association.
(k) "Surface Water Management System" shall mean and be
defined as all land, easements and other facilities and
appurtenances which together constitute and comprise the master
surface water management and drainage system of Chestnut Ridge as
reflected on the plans thereof on file with and approved by the
City of Winter Springs, Florida, and the st. Johns River Water
Management District (hereinafter the "SJRWMD") which are or will be
conveyed by the Declarant to the Association as Common Area or
otherwise dedicated to the Association as Common Area pursuant to
the Plat.
.
(1) "Ultimate Purchaser" shall mean and refer to an
Owner who has purchased a Lot and Living unit from a Builder.
ARTICLE II
ARCHITECTURAL REVIEW BOARD
The Developer, upon the recording of the Declaration, shall
immediately form a Committee known as the Architectural Review
Board (the "ARB") , initially consisting of three (3) persons
designated by Developer. The ARB shall maintain this composition
until all Lots have been conveyed to Ultimate Purchasers.
.
Prior to obtaining a building permit or commencing
construction of any building, fence, wall, pool, landscaping or
other structure upon the Property or any Lot, including any
alterations or additions to existing improvements, two (2) sets of
plans and specifications, lot grading and/or landscaping plans must
be submitted to the ARB for its review (hereinafter referred to as
"Plans"). The ARB shall approve or disapprove the Plans within
thirty (30) days of its receipt. If in its opinion for any reason,
including purely aesthetic reasons, the ARB determines that the
Plans are not consistent with the development plan formulated by
the Developer for the Property or contiguous lands thereto, it
shall disapprove the Plans. The conclusion and opinion of the ARB
shall be binding. In the event the ARB fails to respond within
thirty (30) days from receipt of the Plans, the Plans submitted
shall be deemed to be approved by the ARB. The existence of the
signature of at least one (1) member of the ARB on any plan shall
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be conclusive proof of the approval by the.ARB of such plans.
During its review of the Plans, the ARB may require that samples of
building materials proposed or any other data or information deemed
necessary to reach its decision be submitted to the ARB. The work
contemplated in the Plans must conform substantially in accordance
with the Plans as approved, or the Association may enforce the
Plans as approved pursuant to Article IX, Section 4 herein.
ARTICLE III
RIGHTS IN THE COMMON AREAS
section 1. Owners' Easements. Subject to the provisions
of section 2 hereinbelow and the additional provisions of this
Declaration, every Owner, his agents, licensees, lessees and
invitees shall have a right and perpetual non-exclusive easement,
of enjoYment in and to the Common Areas for the limited purposes
set forth in Article I, section l.k., and such easement shall be
appurtenant to and shall pass with title to every Lot.
Section 2. Extent of Owners' Easements. The rights and
easements of enj oYment created hereby shall be subj ect to the
following:
.
(a) the right of the Association to suspend the
enjoYment right of any Owner for any period during which
any assessment remains unpaid, and for any period not to
exceed sixty (60) days for any infraction of this
Declaration and the Association's Rules and Regulations;
(b) the right of the Association to dedicate or
transfer all or any part of the Common Areas to any
public agency, public authority, or utility, with the
approval of such agency, authority or utility, for such
purposes and subject to such conditions as may be agreed
to by the Owners in the manner provided herein; provided,
however, that no such dedication, transfer, or
determination as to the purposes or as to the conditions
thereof, shall be effective unless written notice of the
proposed agreement and actions thereunder is sent to
every Owner at least thirty (30) days in advance of any
action taken; and unless two-thirds (2/3) of the total
votes of each class of membership as set out in Article
V agrees to such dedication, transfer, purpose or
condition; and
.
(c) the right of the Association to mortgage all or
any part of the Common Areas for such purposes and
subject to such conditions as may be agreed to by the
Owners in the manner provided herein; provided, however,
that no such determination as to the purposes or as to
the conditions thereof, shall be effective unless written
notice of the proposed agreement and actions thereunder
is sent to every Owner at least thirty (30) days in
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advance of any action taken; and unless two-thirds (2/3)
of the total votes of each class of membership as set out
in Article V agrees to such mortgage; and
(d) the right of the Association to establish
reasonable Rules and Regulations for the use of the
Common Areas.
Section 3. Deleqation of Use. Any Owner may delegate his
right of enj oYment to the Common Areas and facili ties to the
members of his family, his guests, his tenants, or contract
purchasers who reside on the Property, subject to such rules and
regulations that may be established from time to time by the
Association.
.
Section 4. Damaqe or Destruction of Common Areas bv Owner.
In the event any part of the Common Areas is damaged or destroyed
by an Owner or any of his guests, tenants, licensees" agents or
members of his family, such Owner does hereby authorize the
Association to repair said damaged area at the Owner's expense.
The Association shall repair said damaged area in a good
workmanlike manner and in conformance with the original plans and
specifications as they may have been altered or modified by the
Association pertaining to the damaged area. The cost of said
repairs shall be deemed a special assessment against the Owner due
and payable upon being assessed against the Owner, and in the event
said special assessment is not paid when due, the Association shall
have the right to place a lien on the Owner's Lot for paYment of
such assessment and to otherwise proceed to collect same in
accordance with Florida Statutes. Enforcement of any assessment
lien against an Owner shall be in accordance with Florida Statutes.
Section 5. Title to Common Areas. The Developer shall
convey said easement rights to the Common Areas to the Association
free and clear of encumbrances, except matters of record, before
the first Lot is conveyed to an Owner, and such conveyance shall be
subj ect to the terms of this Declaration and any Supplemental
Declaration pertaining to the Property.
ARTICLE IV
THE ASSOCIATION
Section 1. Association. Chestnut Ridge Homeowners'
Association, Inc., a Florida corporation not-for-profit, has been
or will be organized, among other things, to administer, maintain,
and at such time as provided in the Declaration, own the Common
Areas. The Association shall act in accordance with the terms and
provisions of this Declaration, the Articles of Incorporation of
the Association and the By-laws of the Association.
.
Section 2. Membershi? and Voting. Membership and voting
rights in the Association shall be as set forth in Article V hereof
and in the Articles of Incorporation and By-laws of the
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Association, which Articles of Incorporation and By-laws are hereby
incorporated herein by this reference.
Section 3. Turnover of Control. Developer reserves the
right to designate the initial members of the Board of Directors of
the Association and their successors until the earlier of: (i) five
(5) years from the date of conveyance of the first Lot in Chestnut
Ridge to an Ultimate Purchaser as evidenced by the date such deed
is recorded in the Public Records of Seminole County, Florida; or
(ii) such date as eighty percent (80%) of all Lots which the
Developer plans to ultimately develop in Chestnut Ridge have been
conveyed to Ultimate Purchasers; or (iii) such date as may be
specified by Developer for the voluntary relinquishment of
Developer's right to continue to designate members of the Board;
provided, however, Developer sends to the Association and to each
Member a thirty (30) day notice of such relinquishment (the
"Turnover Date"). Upon and after the Turnover Date, the Board
shall be elected by the Members of the Association in accordance
with the terms and provisions of this Declaration, the Articles and
By-laws.
.
Section 4. Books and Records. The Association shall make
available to Owners and mortgagees, and to holders, insurers or
guarantors of any mortgage on all or a portion of the Property,
including Living Units, current copies of the Declaration, Bylaws
and Articles of Incorporation of the Association, other rules
concerning the Property, and the books, records and financial
statements of the Association. The Association shall be deemed to
have made such items available, if they are available for
inspection, upon request, during normal business hours or under
other reasonable circumstances. Any holder, insurer or guarantor
of a first mortgage on all or a portion of the Property, including
Living Units, shall be entitled, upon written request, to a copy of
the audited financial statement for the immediately preceding
fiscal year, free of charge to the party so requesting, and such
statement shall be furnished within a reasonable time following
said request.
Section 5. Notice to Mortgaqees. Upon written request to
the Association identifying the name and address of the holder of
the first mortgage on a Living unit and/or Lot, or the insurer or
guarantor of such first mortgage on a Living unit and/or Lot and
the Living unit and/or Lot number or address, a holder of a first
mortgage on a Living unit and/or Lot or insurer or guarantor of
said first mortgage shall be entitled to timely written notice of:
(a) Any delinquency in the paYment of assessments
or charges owed by an Owner of a Living unit and/or Lot
subject to a first mortgage held, insured or guaranteed
by such requesting party, which remains uncured for a
period of sixty (60) days;
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(b) Any lapse, cancellation. or material
modification of any insurance policy or fidelity bond
maintained by the Association; and
(c) Any formally proposed action which would
require the consent of a specified percentage of first
mortgage holders as set forth in this Declaration.
Section 6. Dissolution of Association. The Association
may be dissolved with the assent given in writing and by assent
signed by not less than ninety percent (90%) of each class of
members. Upon dissolution of the Association, other than incident
to a merger or consolidation, the assets of the Association shall
be dedicated to an appropriate public agency to be used for
purposes similar to those for which this Association was created.
In the event that such dedication is refused acceptance, such
assets shall be granted, conveyed and assigned to nonprofit
corporation, association, trust or other organization to be used
for such similar purposes.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
.
Section 1. Member. The Members of the Association shall
consist of the Developer, as a Class B Member as defined in Section
4 below, and all Owners of a Lot within the Property, as Class A
Members as defined in Section 4 below, provided that any such
person or entity who holds such interest merely as security for the
performance of any obligation shall not be a Member, unless they
have obtained record title to the Living unit by foreclosure or
deed in lieu of foreclosure.
Section 2. Chanqe of Membership. Change of membership in
the Association shall be established by recording in the Public
Records of Seminole County, Florida, a deed or other instrument
establishing a record title to a Lot in the Property. The Owner
designated by such instrument thus becomes a Member of the
Association and the membership of the prior owner is terminated.
The new Owner shall notify the Association of the recording of the
deed or other. instrument establishing record title and shall
furnish the Association a certified copy of such instrument if
required by the Association.
Section 3. Membership Riqhts Appurtenant to Lot Ownership.
The share of a Member in the funds and assets of the Association
cannot be assigned, hypothecated or transferred in any manner,
except as an appurtenance to his Lot.
.
Section 4. Classes of Votinq Membership. The Association
shall have two classes of voting membership (both classes of which
shall be collectively referred to herein as Members) as follows:
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Class A. Class A Membe~s shall be all those Members as
defined in Article V, Section 1 with the exception of the
Developer. One vote shall be allocated to each Lot owned by a
Class A Member. When more than one person holds such interest or
interests in any Lot all such persons shall be Members, and the
person entitled to cast the vote for the Lot shall be designated by
a certificate filed with the Secretary of the Association, at any
time before the vote is cast, signed by all record owners of the
Lot. If any Lot is owned by a corporation, a similar certificate
shall be required designating the person entitled to cast the vote
for such Lot. Absent such certificates by mUltiple owners or a
corporation, then the vote for that Lot shall not be considered in
determining the requirement for a quorum or for any other purpose
until such certificate is filed with the Secretary of the
Association. However, when title to a Lot is held by a husband and
wife, they may, but shall not be required to, designate a voting
member. If they do not designate a voting member, and if both are
present at a meeting, only one may vote on any given matter. If
they are unable to agree on who shall vote, their vote shall not be
counted. If no voting member is designated and only one spouse is
present at a meeting, the spouse may cast the vote for the Lot
without establishing the concurrence of the absent spouse. In no
event shall more than one vote be cast with respect to any Lot.
Class B. The Class B Member shall be the Developer, its
successors or its assigns. The Class B Member shall be entitled to
four (4) votes for each Lot owned until the Turnover Date as
hereinabove defined. The Class B membership shall cease and be
converted to Class A membership and be entitled to vote as such on
said Turnover Date.
ARTICLE VI
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. Purpose of Assessments. The assessments
levied by the Association ("Assessments,") shall be used for the
purpose of promoting the recreation, health, safety, and welfare of
the residents in the Property; maintaining, operating, and
improving the Common Areas including, without limitation, main-
taining any pipes or other improvements in connection with those
certain non-exclusive easements granted unto Developer in that
certain Easement Agreement recorded at Official Records Book 2441,
Page 0364, et. seq., Public Records of Seminole County, Florida;
ownership, control, administration, management, operation,
regulation, care for, maintenance, repair, replacement restoration
and preservation of the Surface Water Management System, which
maintenance shall be in conformance with the requirements of the
SJRWMD and the SJRWMD shall have the right to enforce by a
proceeding at law or in equity, the provisions contained in this
Declaration which relate to the maintenance, operation and repair
of the Surface Water Management System; enforcing the covenants;
and for the improvement and maintenance of properties, services,
and facilities which have been constructed, installed or furnished
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or may subsequently be constructed, installed, or furnished, which
are devoted to the purpose and related to the use and enjoyment of
the Common Areas, including but not limited to, the payment of
taxes, if any, and insurance on the Common Areas, and repair,
replacement, and additions thereto, and for the cost of labor,
equipment, materials, management and supervision thereof. The
annual assessment shall also provide reasonable reserves for
deferred maintenance, replacementG and betterments as further set
out in the Association By-Laws. The Association shall provide
streetlight service to the Property, and the installation,
management, repair, replacement and operation of said service shall
be paid for by the Assessments levied by the Association; provided,
however, at the Association's option, such services may be provided
through a municipal service taxing unit or other similar means to
provide such services.
Section 2. Assessments. Each Owner of any Lot by accep-
tance of a deed therefor, whether or not it shall be expressed in
any such deed or other conveyance, hereby covenants and agrees to
pay to the Association: (1) an initial assessment, (2) annual
assessments and charges, and (3) special assessments for capital
improvements and other expenditures that the Association deems
appropriate, including special assessments for violations or
damages as provided in this Declaration, the Articles of Incorpo-
ration and By-laws, such assessments to be fixed, established, and
collected from time to time as hereinafter provided. The initial,
annual and special assessments, together with such interest thereon
and costs of collection thereof, including, without limitation,
reasonable attorneys' fees incurred by the Association incident to
the collection of such assessments whether or not jUdicial
proceedings are involved, and appeals, if any, shall be a charge on
the land and shall be a continuing lien upon the Lot against which
each such assessment is made. Said lien shall be effective from
and after the time of recording a claim of lien in the Public
Records of Seminole County, Florida, and the lien shall continue in
effect until all sums secured by the lien shall have been fully
paid. Upon full payment, the party making payment shall be
entitled to a recordable satisfaction of lien. Each such
assessment, together with interest thereon and cost of collection,
including, without limitation, reasonable attorneys' fees incurred
by the Association incident to the collection of such assessment
whether or not jUdicial proceedings are involved, and appeals, if
any, shall also be the personal obligation of the person who is the
Owner of such Lot at the time the assessment is due and payable.
Failure to pay assessments does not constitute a default under an
insured mortgage.
Section 3. Maximum Annual Assessment. Until January 1,
1993, the maximum annual assessment per Lot per year shall be such
amount as shall be determined by the Board of Directors of the
Association, provided:
(a) From and after January 1, 1993, the maximum
annual assessment may be increased each year not more
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than five percent (5%) above the maximum assessment for
the previous year without a vote of the membership.
(b) From and after January 1, 1993, the maximum
annual assessment may be increased above five percent
(5%) by a vote of two-thirds of each class of members who
are voting in person or by proxy, at a meeting duly
called for this purpose; and
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
Section 4. Delinauent Assessments. If an assessment or
installment thereon is not paid within thirty (30) days after the
due date, a late fee may be charged by the Association, and the
Board of Directors of the Association may accelerate the remaining
installments and declare the entire assessment as to that
delinquent Owner due and payable in full as if the entire amount
was originally assessed, with interest accruing on said unpaid
amount at the highest rate allowed by law. No Owner may waive or
otherwise escape liability for the assessments provided for herein
by non-use of the Common Area or abandonment of his Living unit
and/or Lot.
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Section 5. Riahts of Association to Collect Delinauent
Assessments. Liens for assessments may be foreclosed by suit
brought in the name of the Association in like manner as a fore-
closure of a mortgage on real property. The Association may also
sue to recover a money judgment for unpaid assessments against the
Owner personally obligated to pay same without waiving the lien
securing same.
Section 6. Initial Assessment: Transfer Fee. In addition
to the other assessments provided in this Article VI, an initial
assessment of Two Hundred Dollars ($200.00) per Lot shall be paid
by the Builder to the Developer at the time of purchase of each Lot
from the Developer and a Transfer Fee of Fifty Dollars ($50.00)
shall be paid by the Owner upon the transfer of any Lot.
Section 7. Annual Assessment. The amount of the annual
assessment shall be determined by the Board of Directors of the
Association and shall commence to accrue as to each and every Lot
at such time as the first lot is conveyed to an Owner. The Board
of Directors of the Association shall fix the amount of the annual
assessment against each Lot at least thirty (30) days in advance of
each annual maintenance period. Written notice of the annual
assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The
Association may use any part or all of said sum for the purposes
set forth in Section 1 of this Article.
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Section 8. Method of Settinq Annual Assessment. The
annual assessment may be increased or decreased by the Board of
Directors of the Association after considering current maintenance
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costs and future needs of the Association; provided, however, that
the annual assessment for each Lot may not be decreased when
outstanding obligations of the Association remain unpaid, and,
further provided that the annual assessment be of sufficient amount
to meet all obligations of the Association imposed by this
Declaration. 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. written notice of the
annual assessment shall be sent to every owner subject thereto.
Section 9. Special Assessment. In addition to the initial
and annual assessments authorized above, the Association may levy
against the Owners of Lots in the Property, in any Maintenance
Year, a special assessment applicable to that year only for the
purpose of: (1) defraying, in whole or in part, the cost of any
unexpected expenditure not anticipated in the annual budget; or (2)
the cost of any construction, reconstruction, repair or replacement
of a capital improvement upon the Common Area, including fixtures
and personal property related thereto; or (3) for the purposes
deemed appropriate by the Association, provided that any such
special assessment shall have the assent of two-thirds (2/3) of the
total votes of each class of members who are voting in person or by
proxy at a meeting duly called for this purpose. The due date of
said special assessment shall be as provided by the resolution
adopting such special assessment. A special assessment may also be
levied against an Owner or Owner(s) by the Association for
violations or damages as provided in the Declaration, the Articles
of Incorporation and By-laws, and any such special assessment shall
be due and payable when levied by the Association.
Section 10. Meetinq to Adopt Special Assessment. Written
notice of any meeting called for the purpose of taking any action
authorized under Section 9 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 and of proxies entitled to cast sixty percent (60%) of the
total votes of each class of ,members shall constitute a quorum and
if a quorum is not present, another meeting shall be called subject
to the same notice requirement, and the required quorum at the
subsequent meeting shall be one-half (1/2) of the required quorum
at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
Section 11. Allocation of Assessments Amonq Lots. The
allocation of annual and special assessments, other than special
assessments incurred as a result of damage or violation of the
Declaration, Articles of Incorporation and By-laws, shall be set so
that all Lots shall be assessed at an equal rate.
Section 12. Certificate of Assessment Liability. Upon
demand, the Association shall furnish a certificate in writing
signed by an officer of the Association to any Owner liable for an
assessment. The certificate shall state whether said assessment
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has been paid and shall be conclusive evidence of payment of any
assessment therein stated to have been paid.
Section 13. Subordination of Assessment Lien to First
Mortqaqes. The lien of all assessments provided for herein and all
costs, expenses and attorneys' fees secured by said lien shall be
subordinate to the lien of any first mortgage. Sale or transfer of
any Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to foreclosure of the first mortgage,
or any proceeding in lieu thereof, shall extinguish the lien of
such assessment as to payments which became due prior to such sale
or transfer. The extinguishing of the lien shall not affect the
personal liability of the Owner at the time such assessment came
due for payment of same. No sale or transfer shall relieve such
Lot from liability for any assessment coming due after such sale or
transfer or from a lien therefor. However, any such delinquent
assessments which were extinguished pursuant to the foregoing
provision may be reallocated and assessed to all Lots.
Section 14. Exempt Property. The following property
subject to this Declaration shall be exempted from the assessments,
charges and liens created herein: (a) any parcel of property which
serves as an easement or which is dedicated and accepted by a local
pUblic authority and devoted to public use; and (b) all Common
Areas as hereinabove defined.
.
ARTICLE VII
RESTRICTIVE COVENANTS
The Property shall be subject to the following restrictions,
reservations and conditions, which shall be binding upon the
Developer and upon each and every Owner who shall acquire hereafter
a Lot or any portion of the Property, and shall be binding upon
their respective heirs, personal representatives, successors and
assigns, as follows:
Section 1. Land Use. No Lot shall be used except for
residential purposes. No building shall be erected upon any Lot
without the prior approval thereof by the ARB as hereinabove set
forth. Not more than one (1) Living Unit shall be built on each
Lot.
.
Section 2. Dwellinq . Size. All Living Units, either
single story or two story, shall have a minimum of One Thousand
Nine Hundred (1,900) square feet of living area.
Section 3. Building Location. All Living units shall
face to the front of the Lot, except in the case of corner Lots, in
which instance, said Living Unit shall be situated as required by
the ARB and in accordance with applicable ordinances and
regulations of the City of Winter Springs. Front, rear and side
setbacks shall be Twenty (20) feet, Twenty (20) feet and Six (6)
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feet, respectively, except that the setback as to sides adjacent to
4It street rights of ways shall be fifteen (15) feet.
Section 4. Livinq Unit Characteristics. No Living Unit
shall exceed two and one-half (2-1/2) stories or thirty-five (35)
feet in height. Each Living unit shall have a private, enclosed
garage for no less than two (2), nor more than three (3), cars.
Servant quarters and/or a storage or tool room may be attached to
the ground floor of such garage. No garage may later be used for
living area without the construction of a garage as specified above
to replace that which is converted to living area.
4It
Section 5. Additional Garaqe Characteristics. Each
garage must have a minimum width of twenty (20) feet, with either
a single overhead door with a minimum width of sixteen (16) feet,
or two (2) or three (3) individual overhead doors, each with a
minimum width of eight (8) feet. All Living units shall be served
with a paved driveway of concrete of at least sixteen (16) feet in
width at the entrance of the garage. Garage doors shall have
electric door openers and shall be composed of such material as may
be approved by the ARB.
Section 6. Roofs. Flat, built-up roofs, shall be
permitted only over Florida rooms, porches or patios, at the rear
of the Living unit. All other roofs shall be pitched 6/12 and
composed of tile, asphalt shingle, cedar shake shingle, slate
construction or special roofing as may be approved by the ARB.
Section 7. Exterior Materials. All exposed concrete
block must be stuccoed or Colorcreted, except where decorative
blocks may be permitted by the ARB.
Section 8. Sod. wi thin seven (7) days from the issuance
of a Certificate of Occupancy for a Living Unit, the Lot upon which
said Living Unit is located must be fully and completely sodded and
landscaped in accordance with plans approved by the ARB. Sod shall
be st. Augustine or a derivative thereof.
Section 9. Siqns. No sign of any kind shall be displayed
to the public view on any Lot except one professional sign of the
builder or contractor, and a "For Sale" sign or "Open House" sign.
In any event, no sign shall be larger than six (6) square feet.
Section 10. Game and Play Structures. All basketball
backboards and any other fixed game and play structures shall be
located at the rear of the dwelling to the extend reasonable, or as
otherwise approved by the ARB. Treehouses or platforms of a like
kind or nature will not be constructed on any part of the Lot
located in front of the rear line of a Living Unit constructed
thereon.
4It
Section 11. Fences. No fence or fence walls shall be
constructed, erected or maintained on or around any portion of a
lot that is in front of the front line of the Living unit on that
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Lot. No fence or fence walls shall exceed a height of six (6) nor
shall any material used in the construction of said feet, fence
consist of any type other than masonry, redwood, or other solid
wood, and shall be constructed with the good side toward the
street.
Section 12. Swimminq Pools. Swimming pools shall be
located at the rear of the Living Unit and must be fenced or
screened by an enclosure as approved by the ARB. Pumps must be
screened from view by fencing or landscaping approved by ARB. All
improvements relating to swimming pools are subj ect to ARB approval
prior to construction. No above ground pools shall be permitted.
The water's edge of any swimming pool must be at least ten (10)
feet from the rear lot line and at least three (3) feet from the
applicable side setback line as set forth in Section 3 of Article
VII. Pool screens must be at least seven (7) feet from the rear
lot line and the applicable side setback distance from the side lot
line as set forth in said Section 3 of Article VII.
Section 13. Maintenance of Lots. Once a Lot has been sold
by the Developer, whether improved or not, it shall be maintained
in good appearance free from overgrowth and rubbish and in
accordance with all other requirements of these restrictions. In
the event any Lot is not so maintained, then the Association shall
have the right to enter upon said Lot for the purpose of cutting
and removing such overgrowth and rubbish and such other action as
may be necessary to bring the Lot into compliance with these
Restrictions and the expense thereof shall be charged to and paid
by the Owner of such Lot. In the event said expense shall not be
paid by said Owner within thirty (30) days after being provided
with a written demand for payment, such expense shall be declared
delinquent and shall, together with interest thereon at the rate of
eighteen percent (18%) percent per annum and cost of collection
thereof, thereupon become a continuing lien on the Lot which shall
bind such Property in the hands of the Owner, his heirs, devisees,
personal representatives and assigns. The personal obligation of
the then Owner to pay subject assessment, shall remain his personal
obligation for the statutory period.
Section 14. Garbaqe and Trash Disposal. 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
sanitary containers and, except during pick up, if required to be
placed at the curb, all containers shall be kept at the rear of all
Living Units or out of sight from the street. No burning of trash
or other waste materials shall be permitted.
Section 15. Offensive Activitv. No noxious or offensive
activity shall be engaged in on any Lot, nor shall anything be done
thereon tending to cause embarrassment, discomfort, annoyance or
nuisance to the community. There shall not be maintained any
plants or animals, or device or thing of any sort whose normal
activities or existence is any way noxious, dangerous, unsightly,
unpleasant or of a nature as may diminish or destroy the enjoyment
1lEI1Il~OOOl\I1.TRMAP09.10ll
920911.2
15
.
of other property in the neighborhood; and, further, no cows,
cattle, goats, hogs, poultry or other like animals or fowl shall be
kept or raised on any Lot or any Living Unit; provided, however,
that nothing herein shall prevent the keeping or raising of a
domestic pet; provided, however, all domestic pets shall either be
kept on a leash or kept within an enclosed area.
Section 16. Temporary Structures. No structure of a
temporary character and no trailer or mobile home, camper,
recreational vehicle or tent, shack, garage, barn, or any out-
building shall be used on any Lot at any time as a residence either
temporarily or permanently.
Section 17. Clotheslines. All clotheslines shall be
placed at the rear of and within the area encompassed by a rearward
extension of the side lines of the Living Unit so that they are not
visible from the street.
.
Section 18. Vehicles and Repair. No inoperative cars,
trucks, campers, recreational vehicles, mobile homes, or any other
type of vehicles shall be allowed to remain either on or adjacent
to any Lot for a period in excess of forty-eight (48) hours;
provided this provision shall not apply to any such vehicle being
kept in an enclosed garage. There shall be no major repair
performed on any motor vehicle on or adjacent to any Lot. No
boats, campers, or recreational vehicles shall be allowed to be
parked for over twenty-four (24) hours in front of a Living Unit.
Section 19. Drainage and Utility Easements. The
hereinabove described easements for the installation and
maintenance of drainage and utility facilities have been reserved
as shown on the recorded Plat. wi thin these 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 the utilities or which may change the direction of
flow or drainage in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each Lot, and all improvements placed therein by
a Lot Owner, from time to time, shall be maintained continuously by
the Owner of the Lot, except for those improvements for which the
Association, public authority or utility company has assumed
responsibility.
.
Section 20. Other Plat Easements. Entry Landscape and
Signage Easements, and easements for a wall have been reserved as
shown on the Plat. wi thin these 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 the
walls, entry signage and entry landscaping, which improvements
shall be maintained by the Association. Other than said walls,
entry signage and entry landscaping, the easement area of each Lot,
and the improvements placed .therein by a Lot Owner, from time to
time, shall be maintained continuously by the Owner of the Lot,
IU!\IIIO!MOOIIRTIlMAP09.lOB
920911.2
16
except for those improvements for which a public authority or
tit utility company has assumed responsibility.
section 21. sidewalks. Four (4) feet wide interior
sidewalks shall be installed by the Owner of the Lot in the
interior street right of way adjacent to the side or sides of the
Lot facing an interior street prior to completion of the con-
struction of a Living unit on said Lot, which sidewalks shall be in
compliance with the City of winter Springs Subdivision Regulations.
Section 22. Air Conditioning units. No air conditioning
units, either central or wall units, shall be placed on the front
of any dwelling or otherwise placed or located so as to be visible
to or from any public street. If said unit is placed to the side
or rear of any such dwelling but is still visible to or from any
public street, it shall be permissible to so locate said unit if
the same is screened with a permanent type of building material or
landscaping and cannot be seen from any street from any angle.
Section 23. Communications Equipment Prohibited. Use of
any communication equipment on any Lot or in any Living Unit,
including but not limited to CB radios, antennas, ham radios, etc.,
for commercial purposes of any kind shall be prohibited.
Satellite dishes and visible television antennas erected for
personal use shall also be prohibited.
tit
section 24. Trees. Two trees shall be planted and
maintained by the Owner of the Lot in the area between the curb and
the sidewalk described in this Article. prior to the time of
issuance of the Certificate of Occupancy for the Living Unit, the
location, size and species of which trees shall be governed by the
Architectural Review Board.
ARTICLE VIII
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. The Propertv. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration is located in seminole County, Florida, and is
more particularly described as follows:
The Property, as defined on page one hereof.
ARTICLE IX
GENERAL PROVISIONS
tit
Section 1. Duration. The covenants and restrictions of
this Declaration shall run with and bind the land and the Property,
and shall inure to the benefit of and be enforceable by the Owner
of any land subject to this Declaration, their representatives,
heirs, successors and assigns, for a term of twenty (20) years from
the date this Declaration is recorded, after which time said
IlHlII 1000OOOIIIlTllMAP09.IOB
920911.2
17
covenants shall be automatically extended for successive periods of
4It ten (10) years.
Section 2. Commencement of Construction. Every Owner who
has purchased a Lot from Developer or a builder to whom the Lot was
sold by Developer, shall commence construction of a residence
thereon on or before twelve (12) months after the purchase of the
Lot or before such longer period of time as the Developer in its
sole discretion, in writing, may direct and afford to an Owner or
Owners of a Lot or Lots.
Section 3. Notices. Any notice required to be sent to
any member or Owner under the provisions of this Declaration, shall
be deemed to have been properly sent when mailed, postpaid, to the
last known address of the person who appears as a member or Owner
on the records of the Developer or of the Association.
Section 4. Enforcement. The Association or any Owner may
enforce these covenants and restrictions by any proceeding at law
or in equity against any person or persons violating or attempting
to violate any covenant or restriction, either to restrain
violation or recover damages, or both, and against the land to
enforce any lien created by these covenants; failure by the
Association or any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
4Ia Section 5. Waiver of Minor violations. Developer, his
successors or assigns, reserves the right to waive any violations
of the covenants contained in this Declaration in the event
Developer shall determine in his sole discretion that such
violations are minor or dictated by the peculiarities of a
particular Lot configuration or topography.
Section 6. Attorneys' Fees. In the event any action
shall be brought by the Developer, his successors or assigns or by
the Association or any Owner for the purpose of enforcing the
provisions contained in this Declaration, it is expressly under-
stood and agreed that all costs, including reasonable attorneys'
fees, incurred by any moving party in such legal proceeding which
results in the successful enforcement thereof, shall be borne in
full by the defendant in such proceedings.
Section 7. Severabili ty. Invalidation of anyone of
these covenants and restrictions by judgment or court order shall
in no wise affect any other provisions, which other provisions
shall remain in full force and effect.
4Ia
Section 8. Amendments. 'I'his Declaration of Covenants and
Restrictions shall run with and bind the land for a term of twenty
(20) years from the date this Declaration is recorded after which
time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the twenty
(20) year period by the then Owners of at least ninety percent
RElIIIO!>.OOOI\RTIlMAP09.IOIl
920911.2
18
.
.
.
(90%) of the Lots by executing a written instrument effecting said
changes and recording said instrument upon the Public Records of
Seminole County, Florida and thereafter by so recording an
instrument signed by not less than seventy-five percent (75%) of
the Lot Owners; provided, however, in no event shall any amendment
be made to this Declaration without the prior written consent of
Developer during such time as Developer shall continue to own any
Lot in the Property.
Notwithstanding anything to the contrary herein set forth, any
amendment which will significantly alter the Surface Water
Management System shall require the approval of the SJRWMD.
section 9. Governinq Law. The laws of the State of
Florida, Seminole County and the City of winter springs, as well as
the rules of their administrative agencies, now or hereafter in
effect are incorporated into this declaration of restrictions and
made a part of it.
section 10. Municipal Approval of Amendments. Notwith-
standing any other provisions contained herein, no amendments may
be made to this document without the prior approval of the city of
winter Springs, Florida.
section 11. Third Party Beneficiary. The city of winter
Springs is a third party beneficiary with the right to legally
enforce any part or provision of Article VII hereof.
section 12. Conformity with Municipal Code. Nothing
contained herein permits or authorizes any violations or deviations
from the City Code or ordinances of the City of winter Springs,
Florida.
IN WITNESS WHEREOF, the Developer has caused these presents to
be executed as of the date and year first above written.
DEVELOPER:
sealed and delivered
presence of.
~(!cD
RElI1 1000OOOI\RTIlMAI'09.1011
920911.2
19
.
.
.
STATE OF FLORIDA
COUNTY OF Brevard
The foregoing instrument was acknowledged before me this
19th day of Jarnarv , 1991 by lvbrris A. Ra\B , as
President & CEO of 1le 1m:rican Pank of tiE Scuth , who executed the
foregoing instrument and acknowledged before me that he executed
the same for the uses and purposes therein expressed and who is
personally known to me or who has produced
;" fP""T'llly km.n tD"" as identif:crtion and who di~ (did not)
taKe an oath. ~ 101\.~ ~
Signature .
IMm R. Dingess
Name (Printed, Typed, or
Stamped)
Title
Commiss~on Exoires: eif!4
NOTARY PUB..ICI STATE CIF FLORIDA AT LARGI . . f)//( /30/
s:'1;l::u~:'~~~X\cabl~) YY'. D~
( SEAL)
RB\IIIIl'1>OOOlIRTRMAP09.lOB
920911.2
20
.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327.1800
Apr 11 13, 1993
~. David E. Allen, P.E.
Commonwealth Engineering Associates, Inc.
220 South Westmonte Drive Suite 200
Altamonte Springs, Florida 32714-4268
RE: Highland Lake, Final
Approval
Engineering, Conditions of Commission
Dear ~. Allen:
.
The Winter Springs City Commission approved the Highland Lake Final
Engineering on April 12f 1993 with the caveats listed in the Land
Development Coordinator memo dated April 8, 1993 (a copy already in
your files, along with the Staff Review Minutes and Department Head
comments), except:
1) Caveat number 3 has been satisfied.
2) Caveat number 4 has been modified to allow, in conjunction
with the Phase I work, the clearing of the entire 60-foot right-
of-way of the proposed Shepard Road and the clearing of a 15-foot
construction roadway along the proposed MaoCregor Road right-of-
way. NOTE: An Arbor Permit is required for each Phase.
Please contact me at this office if further infonnation is required.
Sincerely,
rw~o.lQ ~_ ~_
Donald R. LeBlanc
Land Development Coordinator
.
cc: Ci ty Manager
Staff
Post-It'. brand fax transmittal memo 7671 /I of pages.
11 A.'\I\"\) A.'-'-E tJ . i\1\JL
CO
Co 1V\ 1Y\c ~l..)(; A. L "\
Dept.
Fax /I
'll4 - L\-aa'L.
'. .
.
P.O. Box 950910
Lake Mary, FL 32795
(407) 333-2519
ADA"] PARTNERS l TD.
Residential Land Developers
ADM3 PARTNERS/P.E.I. HOMES INC.
FAX COVER SHEET
Mon Apr 12 1993 12:47 p~
To: City of Winter Springs
Attn: Mr. Donald LeBlanc
Fax II: 327-6912
Fro~: Attilio Di Marco
Fax II: 407-333-2519
Voice II: 407-333-2519
Fax: 1 page and a couer page.
Note: Re: Highland Lake
.
.
Ce', C~\~\ 'N\O-~~
Y\\, ~ '
~v'^-\. S S t O\A
c:~ I\~"\.e\
t.~~ ~l'€-o1L
04-12-93 01:4'5 PM
POI
.. .
,
ADM3 PARTNERS/P.E.I. HOMES INC.
Mon Apr 12 1993 12:47 p~
Page 1 of 1
AD,J/] PARTNERS L TD.
P.O. Box 950910
Lake Mary, FL 32795
(407) 333-2519
.
Residential Land Developers
To: Donald LeBlanc
Land Deuelop~ent Coordinator
City of Winter Springs, Se~inole Co., FL
Fro.: Attilio Di Marco
Date: April 12, 1993
Subject: Highland Lake Final Approual
-------------------------------------------
-------------------------------------------
I haue reuiewed your ~e~o to the City Manager of 4/8/93.
I would like to clarify that we are requesting approual to clear
the right-of ways for the streets for all three phases as part of
the construct ion for phase I.
.
The reason for this request is in order to ~ini~ize disturbance to
the neighboring residents by doing the related noisy and burning
operations only once.
04-12-93 OJ :45 PM F02
.. .
.
.
April 5, 1993
TO:
City Manager ~
Land Development Coordinato~
FROM:
RE:
Agenda Item, Highland Lake Final Development Plan, Preliminary
Engineering
The above referenced has been through Staff and P&Z Review. Please see
attached lot layout, Staff comments and P&Z minutes. The Staff comments
will be fully addressed at Final Engineering review.
cc: Mayor
Commission
City Attorney (w/o lot layout)
City Clerk
.
.
---.,-."
.
.
.
Planning and Zoning Board Minutes
Wednesday, March 17, 1993
BCWID MEf.eERS:
Dav id Hopkins, Olainnan, Absent
Crace Anne Clavin, Vice Chainnan, Present
David McLeod, Present
Tam Brown, Present
John Ferring, Present
CITY <FFICIALS:
Creg Kern, Planner
Leonard Kozlov, Engr.
Donald LeBlanc, L.D.C.
The meeting was called to order at 7:30 P.M.
The APproval of Minutes of March 03. \993
Brown moved to approve the minutes of March 03, 1993. Seconded by
Ferring with the following change:
Last sentence should read:
Ferring questioned if Hopkins knew the name of the firm that
was previously selected by the Commission and Hopkins stated
that he did not know.
Kern answered that there were two finms selected by the Cannission,
Solan & Associates for the basic planning, provisions, etc. and
Environmental Management Systems for the Resource Protection
provisions of the UDRs. They were not contracted in January /
February of 1992 due to the Camp Plan not being completed at that
time. ,
The minutes were tabled for approval due to not having a quorum to
approve thEm.
Prel iminary Endneer ioa: / Final Develoanent Plan - Hh:hland Lake
leBlanc stated that the staff comments were submitted to the Board for
their review. All the comments will be addressed in Final Engineering
and the developer has ~ copy the comments. The developer is present
tonight for any questions that the Board may have.
Feering raised the question regarding the three way stop as requested
by the Police Department. Kozlov answered that because this project
is being phased the cul-de-sac design would have the stop sign and
s top bar. Therefore it is the Police Department' s recommendation that
a three-way stop be established to compensate for the alignment of the
stop bars and the cul-de-sac. Ferring asked if there would be any
change with the cammencanent of Phase 2. Kozlov answered that there
would be no changes. McLeod stated that perhaps if the cul-de-sac was
redesigned-that it might change, but Kozlov stated that the developer
has no plans to do so at this time.
.
Planning and Zoning Board Minutes
Wednesday, March 17, 1993
Page 2
Clavin stated that she recalled a question regarding the previous
phasing issue. LeBlanc answered that it has been approved.
Brown asked Kern to explain the five foot easement along Shephard
Road. Kern explained that the Camp Plan provides for landscape
easement along collector roads. The concern regards lots 27, 28, 14,
and 13, as there was a good buffer where the stonnwater facility-perk
pond will be, but there was no real buffer fran the collector road at
these lots.
Ferring moved to recommend to the City COnnUssion Preliminary
Engineering / Final Developnent Plan for Highland Lake. Seconded by
McLeod. Vote - all aye. Motion carried. LeBlanc requested and
received concurrence fran the Board to submit this plan to the
Commission prior to the approval of these minutes.
Land Development Re~ulations Review - Chapter 2
Kern explained the changes to this draft:
. A) Elimination the sections 2.03.03 Allowable Use Types and 2.03.04
Uses Allowed Within Land Classifications and replaced them with
Table 2.03.031 Penrndssible Land Uses by Classification Page 2-5
after reviewing fonmts of u::Rs fran Ci ty of Oviedo and
Casselberry.
Discussion ensued regarding the fonmt and content of table. Kern
explained to the Board that first he wanted policy set regarding the
kind of land uses are acceptable, pennitted or conditioilal. Then the
u::Rs could be reviewed by a planning finn to ensure all necessary
areas are addressed. Finally, a legal review would be done. McLeod
recannended adding a legend to explain the P and C at the bottan and
adding Residential and Non-Residential along the top. Ferring
questioned the boxes that were blank, how they might be interpreted.
The Board discussed the following alternatives of shading, blackening,
or inserting N/A in the blank boxes. The Board agreed with shading
the blank boxes.
.
Brown questioned the content of footnote 1 for convenience store.
Kern answered that he is investigating the definition of such, since
there is a conflict with a gas station if both provide the same
services-retail and gas pumps. He explained that Tifton & Associates
did a traffic study on convenience stores, and he would like to
discuss this issue with them. Clavin questioned why there wouid be a
distinction and Kern answered that the concern lies with the traffic
generation of these types of locations.
B) Table 2.03.051 Residential Density and DwellIng Unit Types and
2.03.054 Maximum Heights and Impervious Surface Ratio combined to
2.03.043 Maximum Development Intensity due to the elimination of
,.
\
\:
"( '.
". .
.
March 12, 1993
TO:
P&Z Board ~
Land Development coordinator~
FROM:
RE:
Highland Lake, Final Development Plan/Preliminary Engineering
Attached are Staff comments and layout of the proposed Highland Lake
Subdivision. The concerns noted will be fully addressed by Staff during
final engineering review.
Staff members scheduled to attend this meeting, other than myself, are
the Planner and the Engineer. Should you wish another member attend, please
notify me no later than 3:00 P.M. on Monday, March 15, 1993.
cc: City manager (w/o attachments)
.
.
.
March 16, 1993
TO:
City Manager ~
Land Development Coordinator~
FROM:
RE:
Staff Review, Highland Lake
Final Development Plan, Preliminary Engineering
The above referenced was hald on March 16, 1993. D. Allen and J. Ingels
represented the project. Staff members present were Alarnina, Grayson,
Kern, Kozlov, Lallathin, LeBlanc, Lockcuff and Spencer.
Attached are the Staff comments, copies given to the developer.
cc: Staff
.
.
.
.
.
TO:
FROM:
DATE:
SUBJ:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
Land Development Coordinator
Superintendent of Public Works ~
March 12, 1993
Highlands Lakes
I have no further comments about this project other than
making sure about the Arbor Ordinance compliance and street signs
when the time comes for them to be installed.
FIRE DEPARTMENT
102 NORfH MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE (407) 327-2332
FIRE AND
RESCUE
SERVICES
March 11, 199a
FROM:
Donald Leblanc, Land Development Coordinator
Timothy Lallathin. Fire Chief ~~
staff Review, Highland Lake ;I (
Final Development Plan/Preliminary Engineering
TO:
RE:
The above referenced development has been reviewed by the Fire
Department as submitted on February 16, 1993 with no objections.
However, the fire hydrants when accepted by the City must meet the
specifications as outlined in Chapter 7 of The Code Of Ordinances.
No further comments are offered at this time.
.
.
",;::::-';1' --
.
TO: DON LeBLANC, LAND DEVELOPMENT COORDINATOR
FROM: CAPTAIN CHARLES SEXTON, BUREAU COMMANDER
SUBJ: HIGHLAND LAKE REVISION
DATE: MARCH 11, 1993
I have some serious concerns about the intersection of MacGregor Road
with street "A" which runs south. This intersection is at an angle
to MacGregor Road and with the cul-de-sac design the stop sign and stop
bar will be placed at a position that would make it dangerous to enter
onto MacGregor Road.
It is the Departments recommendation that a three-way stop be established
at this intersection, or remove the cul-de-sac effect from the intersection.
This would bring the stop area forward to its proper alignment.
.
The plans as submitted fail to show a stop bar at MacGregor's intersection
with Shepard Road.
~/
Capt. Charles Sexton
Enforcement Operations Cmdr
.
.
.
.
WINTER SPRINGS WATER & SEWER
March 11, 1993
1 NORTH FAIRFAX AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1641
TO:
Land Development
Coordinator
PROM: Utility Director /1--
RE:
Highland Lake - Preliminary
Engineering
We have reviewed
have found that
engineering have
It should
and sewer
capacity
Pile\HIGHLNDB
the revised preliminary engineering drawings and
all previous comments relating to the preliminary
been addressed.
be noted that this project will require its I own
permits and also the purchase of water and sewer
as a condition of final engineering approval.
water
.
.
.
March 11, 1993
TO: Land Development Coordinator LeBlanc
FROM:
City Planner Greg Kern I/K
RE: Highland Lakes Final Development Plan
The proposed development is within the transportation and recreation level of service guidelines
and thus fulfills concurrency for these public facilities. The five foot landscape easement shown
along Shepard Road meets the requirements for buffering from this collector road.
No further comments are presented at this time.
.
MEMO: March 11, 1993
TO: LAND DEVELOPMENT COORDINATOR
FROM: BUILDING OFFICIAL ~~ ~
RE: HIGHLAND LAKE
FINAL DEVELOPMENT PLAN/PRELIMINARY ENGINEERING
I have no comments at this time but will have at Final Engineering.
.
.
.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
March 10, 1993
Mr. David E. Allen, P.E.
Commonwealth Engineering Associates, Inc.
222 South Westmonte Drive
Sui te 200
Altamonte Springs, FL 32714-4268
SUBJECT: Engineering Review of Modifications to Revised Prelirrdnary
Engineering for Highland Lakes with Phased Construction.
Dear Mr. Allen:
.
Your response letter dated February 26, 1993, and the modifications to
the revised Prelirrdnary Engineering for the subject project were received on
February 26, 1993.
A review of these documents found them to be satisfactory.
If you have any questions, please contact this department.
LTK/MLJ
cc: city Manager
Land Development Coordinator
Building Deparbment
Public Works Director
Utility Director
.
.
April 8, 1993
TO:
City Manager ~
Land Development Coordinator~
FROM:
RE:
Agenda Item, Highland Lake Final Engineering
Commission action required on this item is either approval or disapproval.
Attached are the lot layout of the project, the entrance feature and the
Staff Documentation.
As stated in the Staff Review Minutes, a Commission decision on construction
traffic must be made.
.'
If the proposed project is approved, the following caveats should apply:
.
1) Construction or clearing of any type cannot occur until such time that
capacity is purchased and all required governmental permits are
approved, proof furnished to the City.
2) The entrance feature cannot be built until the required engineering is
reviewed and approved.
3) The engineering concerns noted in the City Engineer's leeter of
April 7, 1993 must be satisfactorily addressed.
4) Clearing in Phases II & III, other than for a construction roadway,
cannot be done in advance.
S) Proof of agreement with Florida Public Utilities be furnished to the
City if permission is granted for traffic over the pipeline.
6) Developer is responsible for damage to any City roadway which is
attributed to construction traffic.
7) Compliance with other comments as listed in Minutes and Department
Head comments.
cc:
Mayor
Commission
City Attorney (w/o lot layout and entrance feature)
City Clerk
Staff (w/o attachments)
.
.
April 7, 1993
TO:
City Manager
coordinator~
FROM:
Land Development
RE: Staff Review, Highland Lake Final Engineering
The above referenced was held on April 6, 1993. J. Ingels and R. Levine
represented the project. Staff members present were Kern, Kozlov, LeBlanc,
Lockcuff, Moran, O'Brien, Sexton and Spencer.
Please see attached Department Head comments.
..
A question arose sidewalks on both sides of Shepard Road. The intent of the
City is to install sidewalks on both sides of Shepard Road whenever the City
constructs its portion of the road. Therefore, the developer must install
sidewalks on both sides of Shepard Road.
On-site burning of debris was discussed. A permit is required from the Fire
Department and all the particulars will be addressed at that time.
.
The proposed subdivision entrance feature is acceptable in concept only at
this time. Proper engineering must be submitted and approved before
construction of this feature can commence.
Site engineering is presently being reviewed and the comment letter is
forthcoming.
Work cannot commence until such time that capacity is purchased and approved
permits are received from both D.E.R. and St. Johns.
The developer is proposing to utilize 'the Fausnight vehicle storage yard as
their construction entry. This must be coordinated with the Police Department
in regards to hours, etc. Use of the Fausnight property is not to be
construed as giving Fausnight an access onto Shepard Road once it is built.
Rather, the temporary gate must be removed and the perimeter fence brought
back to the original configuration.
A problem on construction traffic, not noted before, was discussed. The
Commission has stated that construction could not commence on Phase II until
such time the gas pipeline is relocated. Construction traffice, for any
phase, will have to go over the pipeline - trees will have to be cleared and
the roadway stabilized. This appears to be workable according to the attached
Florida Public Utilities letter of March 29, 1993. The alternative is to use
MacGregor Road which the Police Department is against for public safety
reasons. The Commission must determine whether or not the construction
traffic can go over the phases.
.
cc:
Staff
.
.
.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
April 7, 1993
Mr. David E. Allen, P.E.
Commonwealth Engineering Associates, Inc.
222 South Westmonte Drive
Suite 200
Altamonte Springs, FL 32714-4268
Subject: Review of Revised Final Engineering for Highland Lakes
with Phased Construction.
Dear Mr. All en:
The revised Final Engineering Plans and additional Stormwater
Ca I cuI a ti ons f or the sub ject pro ject were recei ved on Apri I 2,
1993. The revised Entrance Feature Engineering pi an sheet and
calculations were received on April 5, 1993. Missing portions of
Stormwater Calculations, that were supposed to be part of those
received on April 2, 1993, were received on April 7, 1993, at 1:30
PM. The following comments address deficiencies noted during
review of these documents:
..
Engineering Plans
received April 2, 1993.
1. Please provide details of the storm inlets to be used,
on the engineering plans.
2 .
In the "Drainage Structure Legend" table, on sheet 7 of
11, it specifies that curb inlets are to be FOOT Type 2 & 4,
but it does not list which curb inlets will be Type 2 and
which curb inlets will be Type 4. This is important since
these 2 inlet types do not have the same maximum flow rate.
The basin calculations to size these inlets show that 07 will
be accepting 8.5 cfs. Only the Type 2 inlet will accept this
flow rate while Type 4 has a maximum rating of 6.5 cfs.
PI ease 1 ist, in the "Drainage st ruct ur-e Legend", whi ch inl ets
are to be Type 2 and which are to be Type 4.
.
Mr. David E. Allen, P.E.
April 7, 1993
Page 2
Entrance Feature Engineering and Calculations
received April 5, 1993.
3. The calculations submitted only addressed the resistance
of the columns to a 100-mph wind load and ignored the 8-foot
and 5-foot tall fences between the col umns. These fences
comprise approximately 117 square feet of area. Please
provide calculations to show that these fences will withstand
a 100-mph wind load and not become flying debris. This should
incl'ude calculations or design tables to substantiate the
sel ection of: fence-col umn connections, hori zontal member
size, plank connection method including number and type of
nails. Note: nails will be subjected to tension loading
(pullout) when the design wind load is from the back side of
the fence.
4.
It was noted, during review calculations, that the two
2x4 horizontal members will not withstand the flexural
stresses produced by the design wind load without failing.
The 2x4 members are too small and this is compounded by
placing them flat-side toward the wind. Please revisit the
size selection of these members and show the change on the
engineering plan sheet.
.
5. Please state how the sign is to be attached to the fence
and show this on the engineering plan sheet.
6. Please change the note at the bottom right of the
engineering pI an sheet from "2500 psf" as the design soi I
pressure to "2000 ps f . " Al so, change "County Bui I ding
Inspector" to City of Winter Springs Building thspector and
add "and City of Winter Springs City Code" to the end of the
note.
Please respond to each of the preceding comments in writing.
If you have any questions, please contact this department.
I
.
cc: City Manager
Land Development Coordinator
Building Department
Public Works Director
utility Director
PUBLIC
DA
.
COMPANY
600.... _....,. '. co......., AI
830 W. 6th Street
Sanford, FL 32771
March 29, 1993
Mr. Attilio DiMarco
Managing Partner
ADM3 Partners Ltd.
P.O. Bqlt 950910
Lake Mary, FL 32795
RE: Construction Clearing and Traffic Over Gaa Pipeline Located
in Highland Lake Residential Development in Winter Springs,
Seminole County
Dear Mr. DiMarco:
.
Florida Publ ic uti 1 i ties wi 11 consider your request for
construction clearipg and proposed traffic control over our gas
pipeline located at the Highland Lake residential development in
Winter Springs, Seminole County.
Please be advised however, that any final approval will require a
formal written agreement between Florida Public utilities and
ADM 3 Partners Ltd. This agreement will outline the construction
acti vi ties to take pi ace, adequate steps to assure safety pre-
cautions are adhered to, costs for inspection and the burden of
liability to the developer in the event that damage is incurred to
our facilities.
5 n ere:YQ -K ~ _
ennis A. Kramsky
Division Manager
~e!~w[~
APR 0 7199S'
CfI't OE WINTER SPRINGS
rand Development Coordlnatot
.
.
WINTER SPRINGS WATER & SEWER
1 NORTH FAIRFAX AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1641
April 6, 1993
TO:
Land Development
Coordinator
FROM: Utility Director /v
RE:
Highland
Lake Final Engineering
Resubmittal
We have
Highland
reviewed
Lake and
the Final
have the
engineering
following
plans
conunents:
revised
March
31
for
1.. On sheet 8, the sanitary sewer single
..
detail should be modified to show the 6"
surface as being a permanent delineation
the City's responsibility for the sewer
service has been correctly modified.
service lateral
X 6" wyes to the
of the limi ts of
lateral. The double
2. On sheet 10, in the valve box, the 4" in line plug
valves can be eliminated and the pressure gauge and petcock
valves shown in the plan view can also be eliminated. Add
the same note to the emergency bypass plan view that was
. added to the section " 4" plug valve with lever
V1ew,
operator. . . "
.
3. Water and sewer capacity must be purchased in the same
amounts that the DER permit applications delineate. No
construction of the water, sewer or reuse lines may conunence
until DER construction permits are received. A Developer
Agreement must be executed and capacity paid for before the
City executes the DER construction permit applications. DER
Certification of Completions must be received before
utilizing water and sewer lines which includes the setting
of meters. Please provide us with one set of as-built
mylars and one set of prints with the Certification of
Completion applications.
I reconunend Highland Lake final
approved with the aforementioned
engineering
conditions.
subdivision
plans be
File/HIGHLNDD
.
.
APRIL 6, 1993
MEMO
TO: DON LEBLANC, LAND DEVELOPMENT COORDINATOR
FROM: BUILDING DEPT. - SITE REVIEW
SUBJECT: COMMENTS, HIGHLAND LAKE, REVISED PLAN
PHASE 1'.'8 LOTS, PHASE II - 13 LOTS, PHASE III - 20 LOTS. TOTAL 41 UNITS.
SHEET 3 - REVISED LIGHTING PLAN TO CORRELATE WITH REVISED SITE PLAN
(CUL-DE-SAC ADDED) FLORIDA POWER. $250.00 FEE FOR EACH
PER CITY ORDINANCE. Vcc-)€: ~
SHEET 4 - STRUCTURE SETBACKS SHALL COMPLY WITH STANDARD BUILDING CODE.
TABLE 600.
SHEET 11- SHADED AREAS - FILL OVER 2' REQUIRES COMPACTION/SOIL TEST.
.
GENERAL NOTE: DOCUMENTATION REQUIRED FOR RE-ALIGNED GAS LINE.
(ENGINEERING DEPT.)
GJM/saf
,~ I
.
.
TO:
DON LEBLANC, LAND DEVELOPMENT COORDINATOR
FROM:
CHARLES SEXTON, AClflNG POLICE CHIEF
DATE:
APRIL 06, 1993
SUBJ:
HIGHLAND LAKES
15-93
..
After reviewing the final plans for Highland Lakes Subdivision, I
would suggest that barricades be placed at Macgregor and also at
street "A". These barricades should be of the break away type and
should be reflectorized.
.
The plan shows construction access will be through the Fausnight
property. This use of Fausnight's property should be coordinated
through the Police Department.
~~
Capt. Charles Sexton
-~tl~ P8lie~ gkief
2?~~P~~ /~~~p~e~
.
.
.
.
TO:
FROM:
DATE:
SUBJ:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
Land Development Coordinator
Superintendent of Publ i c Works g:D~..
April 5, 1993
. Highland Lakes, Revised Plan
.'
I have no further comments about this project other than
making sure about the Arbor Ordinance compliance and street signs
when the time comes for them to be installed.
.
.
.
April 2, 1993
TO:
Land Development Coordinator LeBlanc
City Planner Greg Kern/ {j i(
FROM:
RE:
Highland Lakes Final Development Plan
The final engineering plans meet all of the comprehensive planning concerns, including
transportation concurrency and vegetative buffers from the collector roadway Shepard Road.
No further comments are presented at this time.
FIRE DEPARTMENT
102 NORm MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE (407) 327-2332
FIRE AND
RESCUE
SERVICES
April 1, 199:1
TO: Donald Leblanc, Land Development Coordinator / ~ '
FROM, ~imothY Lallathin. Fire Chie~~ ~~[~~_
RE: Staff Review, Highland Lake
Final Engineering
The above referenced development has been reviewed by the Fire
Department as submitted on March 15, 1993 with no objections.
However, the fire hydrants when accepted by the City must meet the
specifications as outlined in Chapter 7 of The Code Of Ordinances.
.
No further comments are offered at this time.
.