HomeMy WebLinkAbout2000 01 24 Consent A Removal from Table For Recordation of The Plat for The Reserve at Tuscawilla Phase 1-A
COMMISSION AGENDA
ITEM A
Consent xx
Information
Public Hearing
Ree:ular
January 24.2000
Meeting
MGR. {0-- fD(
REQUEST: Community Development Department, Land Development Division, requests that
the Commission remove from the table for action on the recordation of the plat for
The Reserve at Tuscawilla Phase I-A.
PURPOSE: The purpose of this agenda item is to remove from the table the request for the
recordation of the plat for The Reserve at Tuscawilla Phase I-A (property located
east of Tuscora Drive, north of trail, west of Howell Creek and south ofSR 434).
This phase will contain five (5) creek front lots.
FINDINGS: The Commission, at their meeting of January 10, 2000, voted to table this item
until the Commission meeting of January 24, 2000.
RECOMMENDATION:
The recommendation is that the City Commission approve the recordation of the
plat for the Reserve at Tuscawilla Phase I-A with the caveat that building permits
will not be issued until FEMA issues the Letter of Map Revision for these lots.
ATTACHMENTS:
A - Agenda package of the January 10, 2000 Commission Meeting (less
proposed plat)
COMMISSION ACTION:
ATTACHMENT A
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
xx
January 10, 2000
Meeting
MGR.~
/Dept.~ _ __
r
REQUEST: Community Development Department, Land Development Division, requests that
the Commission approve the recordation of the plat for The Reserve at Tuscawilla
Phase I-A.
PURPOSE: The purpose of this agenda item is to record the plat for The Reserve at Tuscawilla .
Phase I-A (property located east of Tuscora Drive, north of trail, west of Howell
Creek and south of SR 434). This phase will contain five (5) creek front lots.
APPLICABLE CODE:
Code Section 9-75. Final Plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan, and
shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. If more than one (1) sheet is
required, a suitable index map showing the entire development with index for the
various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and preparation
of plats. Special consideration shall be given to the relationship of the proposed
plat to existing abutting plats to prevent unintended overlap or omission of lands.
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the
platting of lands embraced in this plat and to the dedication(s) shown herein; and
further, should it become necessary to foreclose the mortgage covering the
propelj1:y, that all pieces and parcels dedicated to the public will be excluded from
the suit and the dedication shall remain in full force and effect."
January 10,2000
CONSENT AGENDA ITEM A
Page 2
(5) A dedication to the public by the owners of all roads, streets, alleys, easements
and other rights-of-way, however designated, shown on the plat for the perpetual
use of all public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certifY the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures
set forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
Code Section 9-77. Approval of final plat.
The city commission may approve the final plat, considering any applicable agency
reports, if the plan is in substantial conformity with the approved preliminary plans
and it complies with regulation established by this chapter. Action by the city
commission may be taken expeditiously, but not to exceed thirty (30) days after
receipt of the final plat and supporting data by the city unless delay is requested or
caused by the applicant. If the commission certifies that the development has met
all requirements hereof, the plat shall be endorsed as finally approved by the mayor
and attested by the city clerk in order that the same may be recorded among the
public records of the county.
Code Section 9-78. Recording/distribution of the final plat.
Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plan and deed
restrictions, if any, are delivered to the appropriate authority for recording. The
developer shall submit to the city the recording fee as specified in the current fee
schedule.
January 10, 2000
CONSENT AGENDA ITEM A
Page 3
CHRONOLOGY:
December 8, 1997 - Engineering for five (5) Floodway Lots on the west side
of Howell Creek approved by Commission
November 3, 1999 - City Engineer approved As-built Engineering
FINDINGS: 1) There are no improvements for the City to accept, therefore, a maintenance
bond is not required.
2) Paragraph 5 of the Amended Covenants state that the non-creek front lots will
only have their homeowners' association dues increased to no more than $24.00
per year and any other costs will be borne by the creek front lots.
3) Paragraph 6 of the Amended Covenants addresses the required monitoring,
testing and inspecting of the fill slopes and compensation area.
4) Paragraph 9 of the Amended Covenants addresses the City's right to perform
flood way monitoring/maintenance plan and collect assessments.
5) Building permits will not be issued until such time as FEMA has issued the
Letter of Map Revision removing these lots from the floodway.
RECOMMENDA TION:
The recommendation is that the City Commission approve the recordation of the
plat for The Reserve at Tuscawilla Phase I-A with the caveat that building permits
will not be issued until FEMA issues the Letter of Map Revision for these lots.
A TT ACHMENTS:
A - Land Development Coordinator Memo to City Attorney dated December
1 7, 1999
B - Amended Covenants
COMMISSION ACTION:
ATTACHMENT A
December 17, 1999
To:
Anthony Garganese
City Attorney
v
From: Don LeBlanc
Land Development Coordinator
Re: Title Opinion and Plat
The Reserve at Tuscawilla Phase I-A
Attached for your legal review are those below listed items:
1) Title Opinion - all appears to be proper.
2) Plat - Staff and a third party surveyor have reviewed this plat and found it to be
acceptable (please see attached City Engineer memo dated February 17, 1999 anp'
Public WorksfUtility Director memo dated February 18, 1999). The third p~rti-
surveyor has signed off on the mylar. ." .
3) Also attached, for your information, is the City Engineer letter to Michael B. Galura
dated November 3, 1999.
Commission approval is needed to record this plat and has been scheduled for the January 10,
2000 meeting.
AKERMAN. SENTERFITT [) EIDSON. P. A.
ATTORNEYS AT LAW
CITRUS CENTER
255 SOUTH ORANGE AVENUE
POST OFFICE BOX 231
or?LANDO, FLORIDA 32602-0231
Direct Dial: 407/419-8475
Email rpoppell@akerman.com
(407) 643-7660
TELECOPY (407) 643-6610
December 7, 1999
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32709
Re: Certificate of Title for The Reserve at Tuscawil~~(~
Phase I-A Replat
Gentlemen:
Please be advised that the undersigned are the attorneys for
Richland Tuscawilla, Ltd., a Florida limited partnership. As such,
the undersigned attorneys have examined Certificate of Title
Information No. 94.05046, dated November 12, 1999 at 5:00 p.m.,
prepared by First American Title Insurance Company on the following
described property located in Seminole County, Florida to wit:
See legal description attached as Exhibit "A."
The parcel of land described on Exhibit "A" is the same land
contained in the plat of The Reserve at Tuscawilla, Phase I-A.
Based upon our examination of the Certificate of Title Information
and upon other information which we have obtained, we have
determined that the title to the subject property is p~esently in
fee simple absolute in Richland Tuscawilla, Ltd., a Florida limited
partnership, which is the party executing the Plat. The title to
the subject property is presently subject to the following matters:
1. The rights of the State of Florida to those portions of
the property that comprise sovereignty lands (including without
limitation submerged, filled and artificially exposed lands).
2. Taxes for the year 1999 and subsequent years. Taxes for
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December 7, 1999
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the years prior to 1999 have been paid.
3. Final Order Approving Settlement Agreement and Amendment
to Annexation Ordinance No. 64 recorded in Official Records Book
2243, Page 1508, Ordinance No. 489 recorded in Official Records
Book 2277, Page 464 and Settlement Agreement and Amendment to
Annexation Ordinance No. 64 recorded in Official Records Book 2277,
Page 469, all in the Public Records of Seminole County, Florida.
4. Unrecorded Developer Agreement between Winter Springs
Development Joint Venture and The City of Winter Springs date(j'--
April 26, 1990 and unrecorded Addendum 1:0 Developer Agreement
between Winter Springs Development Joint Venture and The City of
Winter Springs dated September 17, ,1993. Affidavit confirming
Development Agreement, recorded July 18, 1996 in Official Records
Book 3102, Page 1272, Public Records of Seminole County, Florida.
5. General Bill of Sale and Assignment recorded In Official
Records Book 1952, Page 299, Public Records of Seminole County,
Florida.
6. All agreements, obligations, restrictions, easements,
covenants, conditions and limitations contained in or arising out
of the plat of The Reserve at Tuscawilla, Phase I, recorded in Plat
Book 48, Pages 31 through 40, inclusive, Public Records of Seminole
County, Florida.
7. Declaration of Covenants, Conditions, Easements, and
Restrictions for The Reserve at Tuscawilla recorded December 1,
1994 in Official Records Book 2853, Page 1055; Supplemental
Declaration and Amendment of Covenants, Conditions and Restrictions
for The Reserve at Tuscawilla recorded in Official Records Book
2999, Page 18; and Amendment to Declaration of Covenants,
Conditions, Easements and Restrictions for the Reserve at
Tuscawilla and Grant of Easement recorded August 19, 1999 in
Official Records Book 3709, Page 189, all of the Public Records of
Seminole County, Florida.
8. Declaration of Exclusive Listing and Lien Rights in favor
of Urban Properties of Florida, Inc., recorded December 6, 1994 in
Official Records Book 2855, Page 1976, Public Records of Seminole
County, Florida.
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City of Winter Springs
December 7, 1999
Paqe 3
9. Impact Fee Credit Agreement between City of Winter
Springs, Richland Tuscawilla, Ltd. and Pulte Home Corporation,
recorded June 14, 1995 in Official Records Book 2927, Page 1467,
Public Records of Seminole County, Florida.
10. Cable Television Installation and Service Agreement,
Direct Entry, by and between Time Warner Cable, the Florida
Di vision of the Time Warner Entertainment-Advance/Newhouse
Partnership and The Reserve at Tuscawilla Community Association,
Inc., a Florida not for profit Corporation, recorded September 19,
1995 in Official Records Book 2968, Page 1079, and re-recorded
November 6, 1995 in Official Records Book 2989, Page 736, both of
the Public Records of Seminole County, Florida.
11. Declaration of Conservation Easement by Richland
Tuscawilla, Ltd. and The Reserve at Tuscawilla Community
Association, Inc. in favor of. St. Johns River Water:.M9nagement
District, dated April 7, 1997, recorded April 14, 1997 in Official
Records Book 3223, Page 363, Public Records of Seminole County,
Florida.
Respectfully submitted,
AKERMAN, SENTERFITT & EIDSON, P.A.
By:
RMP/bt
Enclosure
OR240551:1
EXHIBIT "A"
THE RESERVE AT TUSCAWILLA, PHASE I-A
A portion of Tract "E", The Reserve at Tuscawilla, Phase I, as
recorded in Plat Book 48, Pages 31 through 40 of the Public Records
of Seminole County, Florida.
Being more particularly described as follows:
Begin at the most Northerly Corner of Lot 9 of said The Reserve at
Tuscawilla, Phase I; thence run Northerly along the Easterly right~
of-way line of Cherry Creek Circle (50 foot private roadright-of-
way) the following courses: thence from a tangent bearing of North
19015'50" East, run Northerly along a curve concave Westerly and
having a radius of 50.00 feet, through a central angle 53007'47",
for an arc distance of 46.36 feet to a point of reverse curvature
of a curve concave Easterly and having a radius of 25.00 .,feet;
thence run Northerly along said curve, through a centrCj.l/a'iigle of
48031'50" for an arc distance of 21.18 feet to a point of-'reverse
curvature of a curve concave Westerly and having a radius of 125.00
feet; thence run Northerly along said curve, through a central
angle of 15044'46", for an arc distance of 34.35 feet to a point of
tangency; thence run North 01004'53" West, for a distance of 318.39
feet to a point of curvature of a curve concave Westerly and having
a radius of 125.00 feet; thence run Northerly along said curve,
through a central angle of 17001'42" for an arc distance of 37.15
feet; thence departing said Easterly right-of-way line, run North
88055'07" East, for a distance of 494 feet plus or minus to the
centerline of Howell Creek; thence run Southerly along said
centerline of Howell Creek, for a distance of 634 feet plus or
minus to a point on the Northerly line of aforesaid Lot 9; thence
departing said centerline, run Westerly and Northerly along said
Northerly line the following courses: thence run South 88055'07"
West for a distance of 243 feet plus or minus; thence run North
01004' 53" West, for a distance of 66.65 feet; thence' run North
70044'10" West, for a distance of 13.38 feet to the Point of
Beginning.
^llan & Company
The Reserve at Tuscawilla Phase l-A
",\real\912237\249\legalla,1
LEGALIA; 1
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
DA TE:
FebrualY 17, 1999
TO:
Land Development Coordinator,
Donald LeBlanc
FRO ~1:
City Engineer,
Mark L. Jenkins, P.E.
CJJ1t7 ~
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SUBJECT: Reserve at Tuscawilla, Phascl-A (alw floodway lots)
Proposed Plat Review (Plat Received February 11, 1999)
The subject plat was reviewed and was found to be in general agreement with the proposed
plat that is a part of the Final Engineering plans approved by the City Commission on
December 8, ] 997.
I have no objections to this proposed plat received February .11, ] 999.
If you have any questions, please let me know.
Cl-': ('olllllluni(v DCl'c/ofJlllcnt Oireclo,.
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Utility I Public Works
Department
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
February 18, 1999
TO:
Don LeBlanc, Land Development Coordinator
FROM:
Kipton Lockcuff, P.E., Public WorksfUtility Director
Iff..
RE:
Proposed Plat - Reserve at Tuscawilla Phase I-A
I have reviewed the proposed plat for the reserve at Tuscawilla Phase I-A and have no '
objections. . -.,"
File
CITY OF WINTER SPRINGS, FLORIDA
\126 EAST STATE ROAD 434
WINTEI~ SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
November 3, 1999
Michael B. Galura, P.E.
PEC - Professional Engineering
Consultants, Inc.
200 E. Robinson
Suite 1560
Orlando, Florida 32801
RE: Lots 10 Throu2h 14, Plat Name - "The Reserve at Tuscawilla'Phase I-A"
Approval of the As-built Engineering. .
Dear Mr. Galura:
The as-built engineering, as-built inspection fee, engineer's certification includ!ng:
the geotechnical reports were received last October 14,1999 for the above subje9t project.
The review of these submittals and an inspection of the site found them in general .
conformance to the approved engineering and sound engineering practices.
Please keep in mind, although these lots are at or above the Base Flood Elevation,
the builder of each lot will need to add the additional fill required to achieve the finished
floor elevations shown on the approved plans.
I recommend this project for final acceptance.
If you have any questions, please give me a call at 407-327-1800 extension 315.
~~~ /~,
Mark L. Jenkins, l).~
City Engineer
cc: Community Development Director
/' Land Developmenl Coordinator
Building Official
Mike Galura, P.E., PEe Fax//. 849-9401
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This instrument prepared by and
afcer recording return co:
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Robert M. Poppell, Esq.
Akerman, Senterfitt & Eidson, P.A.
255 South Orange Avenue, Suite 1700
Orlando, Florida 32801
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AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
FOR THE RESERVE AT TUSCAWILLA AND
GRANT OF EASEMENT
..J
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR THE RESERVE AT TUSCAWILLA AND GRANT
OF EASEMENT (this "Amendment") is made this / 3 ~ day of August,
1999, by RICHLAND TUSCAWILLA, LTD., a Florida limited partnership,
whose address is One Urban Center, 4830 West Kennedy Boulevard,
Suite 740, Tampa, Florida 33609, hereinafter referred to as the
"Developer".
RECITALS
A. Developer is the developer of a certain tract of land
located in Seminole County, Florida, commonly known and referred to
as The Reserve at Tuscawilla and sometimes herein referred to as
the "Reserve Development."
B. Developer has heretofore placed of Public Record that
certain Declaration of Covenants, Conditions, Easements and
Restrictions for The Reserve at Tuscawilla, recorded at Official
Records Book 2853, Page 1055, as supplemented and amended by that
certain Supplemental Declaration and Amendment of Covenants,
Conditions and Restrictions for The Reserve at Tuscawilla, recorded
at Official Records Book 2999, Page 0018, each of the Public
Records of Seminole County, Florida, hereinafter collectively
referred to as the "Declaration."
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C. The Declaration encumbers and benefits those portions of
the Reserve Development known as (i) The Reserve at Tuscawilla,
Phase I ("Phase I"), according to the plat thereof recorded in Plat
Book 48, Pages 31 through 40, inclusive, Public Records of Seminole
County, Florida ("Phase I Plat"), and (ii) The Reserve at
Tuscawilla, Phase II ("Phase II"), according to the plat thereof
recorded in Plat Book 50, Pages 3 through 9, inclusive, Public
Records of Seminole County, Florida ( "Phase I I Plat"), which
properties are collectively referred to in the Declaration as the
"Subject Property" or "The Reserve at Tuscawilla."
D. Developer is the current fee simple owner of that portion
of "Tract E" of Phase I more particularly described on Exhibit "A"
attached hereto and, by this reference, hereby incorporated herein
("Developable Creek Front Property").
E. The Developable Creek Front Property is included within
the Subject Property as part of Phase I, but was not initially
planned for developmen,t into Lots due to the need to plan for
certain" Floodway Encroachmentsll (as defined below) associated with
any development of the Developable Creek Front Property.
F. Developer has now received all necessary approvals to
replat and develop the Developable Creek Front Property into
single-family, residential lots (IICreek Front Lotsll) as part of the
Reserve at Tuscawilla, together with certain common areas and
improvements for the benefit of the Owners, all as are, or will be,
reflected in the replat of the Developable Creek Front Property
pursuant to the plat of The Reserve at Tuscawilla Phase I-A as, or
to be, recorded in the Public Records of Seminole County, Florida
(II Phase I -A Replat") .
G. In connection with the development of the Creek Front
Lots as part of The Reserve at Tuscawilla, Developer desires to
amend the Declaration to (i) provide in favor of the Association an
easement for purposes of fulfilling its monitoring and maintenance
obligations arising pursuant to the "Floodway
Monitoring/Maintenance Planll (as defined below) as required by the
City and (ii) impose upon the Association an obligation to contract
with a qualified, licensed engineering firm to fulfill the
foregoing monitoring and maintenance obligations.
H.
Developer
Pursuant to Article XVI, Section 16.1 of the Declaration,
retained the right to change, amend or modify the
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Declaration without the joinder or consent of any person or parties
whomsoever.
NOW, THEREFORE, Developer, for itself and its successors and
assigns, by the execution and recording in the Public Records of
Seminole County of this Amendment, does hereby declare that the
Declaration shall be amended as provided herein.
1. Recitals. The foregoing recitals are true and correct
and, by this reference, are hereby incorporated into this
Amendment.
2. Defined Terms. All capitalized terms used in this
Amendment shall have the same meanings given to such terms in the
Declaration, unless otherwise amended or indicated to the contrary
in this Amendment. From and after the date of execution of this
Amendment, any and all references to the Declaration shall be
deemed to refer to the Declaration as amended by this Amendment.
The Declaration and this Amendment are sometimes hereinafter
collectively referred to as the "Declaration."
3. Applicability of Declaration to Developable Creek Front
Property. Notwithstanding the replatting of the Developable Creek
Front Property pursuant to the Phase I-A Replat, the Developable
Creek Front Property shall remain subject to the scheme, coverage
and operative effect of, and shall continue to be held, transferred I
and conveyed and occupied subject to the covenants and restrictions
contained in, the Declaration to the same extent as if the Creek
Front Lots and all common areas, drainage easements, conservation
easements, improvements and other matters depicted on the Phase I-A
Replat were depicted on the Phase I Plat. Further in this regard,
from and after the recording of the Phase I-A Replat, and
notwithstanding such replatting of the Developable Creek Front
Property, the definition of the Subject Property shall continue to
include the Developable Creek Front Property for all intents and
purposes under the Declaration, and the definition of all terms
used in the Declaration the meanings of which are dependent,
directly or indirectly, upon the definition of the Subject
Property, including, without limitation, the definition of the
terms "Plat," "The Reserve at Tuscawilla'1 or "The Reserve at
Tuscawilla Community," "Common Property," "Lot(s)," "Owner,"
"Drainage Easement," "Conservation Easement" and "Surface or
Stormwater Management System," shall be deemed to include the
Developable Creek Front Property, all subdivisions thereof and
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improvements constructed thereon or in connection therewith and
other matters depicted on the Phase I-A Replat.
4. Creek Front Lots Drainaoe Easement and Swale System.
Each Creek Front Lot shall have a creek front swale comprising a
part of the Surface Water Management System for The Reserve at
Tuscawilla designed and constructed to prevent direct surface
stormwater drainage or discharge into Howell Creek, all in
accordance with and pursuant to those certain Construction Plans
for Tuscawilla Parcel 80, Phase I -A, Lots 10 -14,
FloodwayjFloodplain Modification, originally prepared by Allan
Madden Engineering, Inc. and Professional Engineering Consultants,
Inc., dated January, 1998, approved by the City on December 8, 1997
("Construction Plans"). A drainage easement is hereby created and
reserved on each Creek Front Lot encompassing the swale system as
more particularly provided in Subsection 14.1.2 of the Declaration
and as more particularly shown on the Phase I -A Replat. The
Developer, City, Association and Owners shall have the same rights
wi th respect to . the Creek Front Lot swale system and drainage
easement, and the construction, use and maintenance of the swale
system shall be subject to the same covenants, restrictions and
obligations, as are set forth in Subsection 14.1.2 of the
Declaration.
5. Fill Slope and Compensation Area. The Developable Creek
Front Property includes an area designated as a floodway within an
area of special flood hazard ("Floodway") into which Floodway area
there will be certain fill encroachments in connection with the
construction of improvements upon the Creek Front Lots '(" Floodway
Encroachments"). Construction of any improvements on each Creek
Front Lot must be performed in accordance with the Construction
Plans. Pursuant to and as depicted on the Construction Plans, the
Floodway Encroachments associated with the Creek Front Lots will
include elevated building areas and fill slopes ("Fill Slopes")
connecting such building areas to the swale system located at the
rear of each Creek Front Lot within the twenty foot (20') wide
drainage easement depicted on the Phase I-A Replat. The minimum
required dimensions of the Fill Slopes are depicted on the
Construction Plans. Also pursuant to and as depicted on the
Construction Plans, and also as required by the City as a condition
of approval of the Floodway Encroachments and Phase I-A ~eplat, the
real property constituting the portion of "Tract E" of Phase I not
included within the Developable Creek Front Property shall be
designated as a "Floodway Compensating Storage Area" and used to
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mitigate the impacts of the Floodway Encroachments ("Compensation
Area") ,
The Fill Slopes and Compensation Area will form a part of the
Surface Water or Stormwater Management System for The Reserve at
Tuscawilla. Additionally, the proper monitoring and maintenance of
the Fill Slopes and Compensation Area by the Association is crucial
to the proper and appropriate development and improvement of each
of the Creek Front Lots, is necessary for the protection of such
lots against improper and inappropriate development, improvement
and use and otherwise will serve to fulfill the objects and
purposes of the Declaration. By reason of the foregoing, the Fill
Slopes and Compensation Area, and the Association's interest
therein by way of the "Floodway Easement" (defined below), form a
part of the Common Property of The Reserve at Tuscawilla and as
such, pursuant to Article IX, Section 9.8 and Article XII of the
Declaration, the administration, regulation, care, maintenance,
repair, restoration, replacement, preservation and protection of
the Fill Slopes and Compensation Area are and shall be the
responsibility of the Association. Further, all expenses
associated with such administration, regulation, care, maintenance,
etc., including expenses incurred pursuant to the "Floodway
Monitoring/Maintenance Planll (defined below), shall be Common
Expenses subject to assessment by the Association from the Owners
as Regular Assessments pursuant to Article X of the Declaration.
Additionally, such Regular Assessments in connection with the
Floodway Monitoring/Maintenance Plan shall include assessments to
fund an escrow account in an amount, as reasonably determined by
the Association, necessary to pay the cost of any "Cross Section
Verificationll (defined below) as and when such costs become due.
Notwithstanding anything to the contrary contained in the
foregoing provisions of this Paragraph 5, and subject to the last
paragraph of this Paragraph 5 pertaining to Individual Lot
Assessments, in no event shall the Association collect for any
calendar year from any Owner, or in respect of any Lot, any Regular
Assessment for the administration, regulation, care, maintenance,
etc. of the Fill Slopes and Compensation Area, as may be required
pursuant to the Floodway Monitoring/Maintenance Plan, in an amount
in excess of Twenty- four and NO/lOa U. S. Dollars ($24.00) ("Regular
Assessment Cap"). The Regular Assessment Cap shall not appl y,
however, to Regular Assessments against Owners or Lots necessary to
fund the cost of construction, maintenance, repair or replacement
of any Common Property that may, from time to time, be located by
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the Association within the Compensation Area for the benefit of
Owners that is not necessary pursuant to the Floodway
Monitoring/Maintenance Plan, including, without limitation, park
and/ or playground facili ties, including the rout ine mowing and
landscaping of the Compensation Area so that such Common Property
facilities may be appropriately and safely enjoyed by the Owners.
Because of the relationship between the Creek Front Lots and
the Fill Slopes and Compensation Area and the direct benefit to the
Creek Front Lots from the administration, regulation, care,
maintenance, repair, restoration, replacement, preservation and
protection of the Fill Slopes and Compensation Area, all expenses
incurred by the Association in connection with such administration,
regulation, care, maintenance, etc., including expenses incurred
pursuant to the Floodway Monitorirtg/Maintenance Plan, in excess of
the Regular Assessment Cap shall be assessed against the Creek
Front Lots, and the Owners of such Creek Front Lots, as Individual
Lot Assessments pursuant to the provisions of Sub-section (c) of
Article X, Section 10.li of the Declaration.
6. Monitorinq/Maintenance of Fill Slopes and Compensation
Area. As a condition of its approval of the Floodway Encroachments
and Phase I-A Replat, the City has required, and by the terms of
this Amendment the Declaration shall so provide, that the Fill
Slopes and Compensation Area be monitored and maintained in the
manner set forth in the following provisions of this Paragraph 6,
which provisions shall hereinafter be collectively referred to as
the "Floodway Monitoring/Maintenance Plan". The Association shall
be responsible for (i) the perpetual monitoring, test ing and
inspecting of the Fill Slopes and Compensation Area for the purpose
of detecting any erosion, displacement of sod or accretion of
sediment at the Fill Slopes or Compensation Area, or any slope
instability associated with the Fill Slopes, and (ii) the making or
conducting of any maintenance, repairs or replacements, as needed,
to maintain the integrity of the Fill Slopes and Compensation Area
consistent with the "As-Built" certifications of the Fill Slopes
and Compensation Area as submitted to the Federal Emergency
Management Agency in connection with the submittal of the Letter of
Map Revision reflecting the Floodway Encroachments ("As-Built
Certifications"), including, but not necessarily limited to, (a)
mowing the grass of, and provision of additional fill and sodding
to, the Fill Slopes and Compensation Area as may be necessary due
to possible future erosion, displacement of sod, or slope
instability, (b) the removal of any sediment accumulating at the
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Fill Slopes or in the Compensation Area as a result of the
development within the Floodway, in a manner so as to ensure that
the Fill Slopes and Compensation Area conform to the floodplain
management standards established by the City, the St. Johns River
Water Management District and the Federal Emergency Management
Agency and so that the Fill Slopes and Compensation Area will be
restored to the original lines and grades shown on the As-Built
Certifications and (c) the removal from Howell Creek of any
deposited sediment resulting from erosion of the Fill Slopes.
The required monitoring, testing and inspecting of the Fill
Slopes and Compensation Area must be performed by a qualified,
licensed professional engineering firm: (i) twice per year, in June
and October of each year, and (ii) following each rainfall event
during which at least eight (8) inches of rainfall occurs during
any 24 hour period. Additionally, at intervals of at least every
five (5) years from the date of this Amendment, the Association
shall cause to be performed a re-verification of the Cross-Sections
set forth at pages 5t 6, 7 and 8 of the Construction Plans for
purposes of detecting any variation in the flood carrying capacity
of the Floodway or any change in the conditions depicted in such
Cross-Sections due to the accretion of sediment at the Fill Slopes
or Compensation Area ("Cross Section Verification").
The engineering firm retained by the Association must prepare
and submit to the Association and the City a signed and sealed
report setting forth (i) the results of such monitoring, testing
and inspecting of the Fill Slopes and Compensation Area, including
the status of the Fill Slopes and Compensation Area as compared to
the specifications of the Construction Plans, (ii) the results of
the Cross Section Verification, and (iii) any maintenance, repairs
or replacements necessary to restore the integrity of the Fill
Slopes and Compensation Area consistent with the Construction
Plans.
Pursuant to the provisions of Article XII, Section 12.4.6 of
the Declaration pertaining to the employment of independent
contractors to carry out, perform and discharge duties, obligations
and responsibilities of the Associationt including but not limited
to the Association's obligations with respect to the Common
PropertYt the Association shall enter into and continuously
maintain in effect for so long as same is required by the City, a
contract ( "Floodway Management Agreement") wi th a qual i f ied,
licensed professional engineering firm to perform all of the
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Association's monitoring and maintenance obligations pursuant to
the Floodway Moni toring/Maintenance Plan. Any such Floodway
Management Agreement must be consistent with the provisions of
Article XII, Sections 12.4.6 and 12.5(a) of the Declaration.
7. Floodwav Easement. In order to permit the Association to
carry out its obligations to monitor and maintain the Fill Slopes
and Compensation Area pursuant to the Floodway
Monitoring/Maintenance Plan, and pursuant to the provisions of
Article XIV, Section 14.2 of the Declaration pertaining to Future
Easements, there is hereby created, declared, granted and reserved
against the Developable Creek Front Property and the Compensation
Area, for the benefit of the Association, the City, the Developer
and all Owners, a non-exclusive easement under, over, upon and
within the Developable Creek Front Property and the Compensation
Area ( "Floodway Easement"), for purposes of I and to the extent
reasonably necessary for, conducting all monitoring and maintenance
of the Fill Slopes and Compensation 'Area, including the right in
favor of the Association, City, Developer or Owners to enter upon
the Developable Creek Front Property and Compensation Area for the
purpose of performing any tests, taking any samples, and performing
any inspections, maintenance, repair, and replacements, all as
necessary pursuant' to the Floodway Monitoring/Maintenance Plan.
The Floodway Easement shall also constitute a drainage easement
upon the Compensation Area, which shall include the right to enter
upon the Compensation Area and excavate the Compensation Area, for
purposes of flood and drainage mitigation of the impacts of the
Floodway Encroachments, all pursuant to and consistent' with the
Construction Plans.
8. Ordinary Maintenance and Prohibited Activities Within
Fill Slopes and Compensation Area. Notwithstanding anything in the
foregoing provisions of this Amendment to the contrary, each Owner,
including builders, shall be responsible for the ordinary
maintenance of the Fill Slopes located on their respective Creek
Front Lots. For purposes of the Declaration, such ordinary
maintenance shall mean only mowing, cleaning, and keeping such area
free of debris or any obstructions and maintaining live, healthy
sod on the Fill Slopes, including appropriate irrigation,
fertilization and pest control, as necessary. Filling, excava~ion,
construction of fences or otherwise obstructing or altering the
Fill Slopes and Compensation Area or the potential flow of flood
waters across the Fill Slopes and Compensation Area in a manner
inconsistent with the Construction Plans is strictly prohibited and
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any Owner, builder or other party causing such obstruction,
alteration, etc. shall be responsible to immediately clear and/or
reverse the impact of such obstruction, alteration, etc. and to
repair and return the Fill Slopes and/or Compensation Area to its
original condition as required by the Construction Plans.
9. City Rioht to Perform Floodwav Monitorinq/Maintenance
Plan and Collect Assessments. If at any time the Association fails
to properly perform its obligations pursuant to the Floodway
Monitoring/Maintenance Plan, as set forth in Paragraph 6 of this
Amendment, including any such failure resulting from the
Association's failure to levy Assessments required to perform such
obligations, the City shall have the right to perform and satisfy
the Association's obligations under the Floodway
Monitoring/Maintenance Plan and is hereby authorized to levy
Assessments against the Owners in an amount necessary to pay all
costs and expenses incurred by the City in connection therewith,
plus an amount equal to twenty-five percent (25%) of such costs and
expenses which shall be payable to the City to cover its
administrative and other overhead expenses. Notwithstanding
anything in the foregoing provisions of this Paragraph 9 to the
contrary, the City shall be subj ect to the same restrict ions on
Assessments against the Owners as is set forth in Paragraph 5 of
this . Amendment, meaning that the Ci ty cannot levy Assessments
against the Owners, in general, that would result in such Owners
having to pay Assessments for any year in excess of the Regular
Assessment Cap and that any required Assessments in excess of the
Regular Assessment Cap for any year must be levied by the City
against the Creek Front Lots, and owners of such Creek Front Lots,
as Individual Lot Assessments. For purposes of the foregoing and
to ensure the City's ability to perform the obligations under the
Floodway Monitoring/Maintenance Plan as set forth above, the City
shall be deemed to be a beneficiary of the Floodway Easement
described in Paragraph 7 of this Amendment.
10. No Further Amendments. In the event of any
inconsistencies between the terms and provisions of this Amendment
and the terms and provisions of the Declaration, the terms and
provisions of this Amendment shall control. Otherwise the
Declaration is unmodified and remains in full force and effect.
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IN WITNESS WHEREOF, Developer has caused this Amendment to be
executed as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
"DEVELOPER"
RICHLAND TUSCAWILLA, LTD., a
Florida limited partnership
Print .Name:
\ ';, ,ttli\ A. C'J !2!!1LIl;:'V
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By: RICHLAND MANAGEMENT,
INC., a Florida
corporation, its general
partner
~'
By:
Na : . - C\.'-,.+ L._'\\T<\,,-,'~.;l-
Title: ~ \~f' ~d <;iIY...'
'\
STATE OF FLORIDA
COUNTY OF W~\\:sh"i((u::r
~._~
Th~foregoing ins~rument was ackno~ledged before ~f this ~
day of ,ill LA''-\-' , 19::.6, by '). tu.r\-l'i\-K't'/~ as \ \LC {(tSI()f~ of
Richland M~agement, Inc., a Florida corporation on behalf of
Richland Tuscawilla, Lt;i., a Florida limited partnership. Said
person (check one) ~ is personally known to me, 0 produced
as identification.
~t{'~~'L-~~L;;P'/:li{ZCL ~
Print Name: \ '1 \ \ C. ~ IE'{ lei} 1 t- \.'"'\(~. 1<-
Notary Public, State of Florida
Commission No. :
My Commission Expires:
! ..~~";:;... MICHELLE M. HAeEK
8..;t;.t)~:\ MY ~MlSSION , cc 593299
~,~.~~~! EXPIRES: ~ 16. 2(XX)
""~:;" ;;.~~.., Bonded Thru NOWY Pubtic lJnOOWI1tars
........
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