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HomeMy WebLinkAbout2000 08 28 Regular A Recordation of the Plat and Covenants For Golfside Villas COMMISSION AGENDA Il'EM A Consent Information Public Hearine: Ree:ular XX August 28. 2000 Meeting MGR. ;v- /De~ REQUEST: Community Development Department, Land Development Division, requests that the Commission approve the recordation of the plat and covenants for Golfside Villas. PURPOSE: The purpose of this agenda item is to record the plat and covenants for Golfside Villas. The project is located on the west side of Sheoah Boulevard, west of Sevil.le on the Green Apartments and surrounded by the Winter Springs Golf Course on the remaining three (3) sides. APPLICABLE CODE: Codle 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. Ifmore 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 fi)llowing certification on plats: "The mortgagee(s) consents and agrees to the platting oflands embraced in this plat and to the dedication(s) shown herein; and further, should it become necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to the public will be excluded from ~ August 28, 2000 REGULAR AGENDA ITEM A Page 2 the 8uit and the dedication shall remain in full force and effect. (5) A dedication to the public by the owners of all roads, streets, alleys, easements and other rights-of-way, however designated, shown on the plan for 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 9-76. Bonding procedures. (a) Surety-performance bond When requesting to record a plat for property with streets to be dedicated to the public in which all improvements have not been installed or have been only partially installed, the developer shall provide a corporate or surety completion bond including a payment of vendors' clause ex(:cuted by a company authorized to do business in the state and acceptable to the city, payable to the city in the penal sum ofthe amount of the engineer's estimate or ,alternative bid estimates for the uncompleted portions of the work to be done to provide streets, drainage facilities, street signs, water and sewer facilities, sidewalks and other improvements as shown on the final development plan. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. I, 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 regulations established by this chapter. Action by the city August 28, 2000 REGULAR AGENDA ITEM A Page 3 commission may be taken expeditiously, but not to exceed thirty (30) days after receiipt 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 devdoper shall submit to the city the recording fee as specified in the current fee schedule. FINDINGS: 1) Final Engineering was approved by the Commission on January 25, 1999. 2) The City Construction Inspector has determined that the costs remaining to complete Golfside Villas is $32,261.00. 3) The developer will furnish a performance bond in the amount of$32,261.00. 4) The requirements of Section 20-357(l2)a of the Code as it relates to the proposed covenants is found in Section 12 of the Covenants. 5) The requirements for an escrow account for the residents once they take over the Association is found in Section 5 of the Covenants. 6) Approval of the recordation of the plat and covenants will allow building pemlits to be issued. Certificates of Occupancy will not be issued until such time that the Commission approves the acceptance of improvements for City maintenance. RECOMMENDATION: The recommendation is that the City Commission approve the recordation of the plat and covenants for Golfside Villas. August 28, 2000 REGULAR AGENDA ITEM A Page 4 ATTACHMENTS: A - Land Development Coordinator Memo to City Attorney dated August 17,2000 with attachments. COMMISSION ACTION: NOTE: Please return the plats to the Land Development Coordinator after the meeting. These are used for addressing requirements. August 17, 2000 To: Anthony Garganese, City Attorney ~ Don LeBlanc, Land Development Coordinato~ From: Re: Legal Review of Platting Documents Golfside Villas Attached for your legal review are the below listed documents necessary for the platting of Golfside Villas: 1) Proposed Plat - All appears to be in order. 2) Proposed Covenants - All appears to be in order. 3) Title Opinion - All appears to be in order. 4) Proposed Performance Bond: a) The construction inspector has determined that the performance bond should be in the amount of $32,261.00 (see attached memo). The bond has been issued in the amount of$32,261.00. b) On August 16, 2000 I contacted the Florida Insurance Department and talked with Gloria. American Alliance Insurance Company has been in business in the Stalte since July 1976 and is in good standing. Commission action for the platting of Golfside Villas has been scheduled for the regular Commission meetiing of August 28, 2000. "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS" KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Golf Side Villas Join Venture (hereinafter "Developer") are the owners of certain real property located in Seminole County, Florida, described as follows, to-wit: A portion of Tracts "D" and 'T', "THE HIGHLANDS SECTION THREE", City of Winter Springs, as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Tract "D", run South 85degrees II' 58" West along the South line of said Tract "D", 70.00 feet; thence North 36degrees 50'38" West 217.13 feet; thence North 44 degrees 47'02" West 177.77 feet; thence North 83degrees 36'38" West 101.89 feet to the Point of Beginning; thence North 89degrees 24'28" West 75.79 feet; thence South 80degrees 56'46" West 66.89 feet; thence North 89degrees 32'48" West 64.23 feet; thence South 66degrees 10'56" West 271.90 feet; thence North 38degrees 25'12" West 245.43 feet; thencle North 22degrees 50'52" East 94.55 feet; thence North 53degrees 02'28" East 230.31 feet; thence North 67degrees 16'23" East 125.13 feet; thence South 10degress 21'05" East 328.79 feet; thence South 83degrees 36'38" lEast 213.43 feet to the Point of Beginning. AND A portion of Tracts "D" and "I", "THE HIGHLANDS SECTION THREE", City of Winter Springs, as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Tract "D", run South 85degrees 11'58" West along the South line of said Tract "D" 70.00 feet; thence North 36degrees 50'38" West 217.13 feet; thence North 44 degrees 47'02" West 112. 77 ft~et to the Point of Beginning; thence North 62degrees 51'05" West 96.34 feet: thence North 77degrees 34'17" West 62.79 feet; thence South 83degrees 36'38" East 101.89 feet; thence South 44degrees 47'02" East 65.00 feet to the Point of Beginning. Containing therein 2.730 acres more or less. All of Golf Side Villas according to plat thereof recorded at Book_, Page --' Public Records of Seminole County, Florida. AND WHEREAS, Developer desires that the above described real property (hereinafter the "Property") be subject to like restrictions for the mutual benefit and protection of Developer and all persons, individual, corporate or otherwise, who may hereafter purchase or acquire said property, or any part thereof or interest therein in; and WHEREAS, the Developer desires to create a residential community covering the Property to be known as "GOLF SIDE VlLLAS", with permanent common facilities for the benefit of the said community; and I WHEREAS, the Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administrating the community properties and facilities and administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Developer shall be responsible for the organization of a Florida non-profit corporation, which may be named GOLF SIDE VILLAS HOMEOWNERS' ASSOCIATION (the "Association'''), for the purpose of exercising the functions aforesaid, NOW THEREFORE in consideration of the premises, Developer does hereby declare the above described real property, and any additions thereto as may hereafter be made, to be subject to certain restrictions, reservations, covenants and conditions binding upon said Developer and upon each and every person whether individual, corporate or otherwise, who or which shall have any right, title or interest in said real property or any part thereof, and their respective heirs, personal representatives, successors and assigns, said restrictions, reservations, covenants and conditions being as follows: I. DEFINITIONS (a) "Association" shall mean and refer to the GOLF SIDE VILLAS HOMEOWNERS' ASSOCIATION, INe., a Florida corporation not for profit, its successors and assigns. The Association is a homeowners' association within the meaning ofES. ~617.301(7) and subject to the requirements ofF.S. ~9617.301, et seq. applicable to such associations. (b) "Property" shall mean and refer to that certain real property situated in Seminole County, Florida, and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and more particularly described above. ( c) "Common Area" shall mean and refer to all real property owned by the Association for the common use and enjoyment of its Members as designated by subdivision plat of the Property and recorded among the Public Records of Seminole County, Florida. (d) "Lot" shall mean and refer to those numbered lots shown upon the recorded subdivision plat of the Property exclusive of the Common Area. ( e) "Owner" shall mean and refi~r to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including the Developer and contract sellers, but excluding those having such interest merely as security for the performance of an obligation. (f) "Developer" shall mean and refer to Golf Side Villas Joint Venture, their successors and assigns if such successors or assigns should al~quire more than one undeveloped lot from the Developer for the purposes of development. (g) "Declaration" shall mean and refer to these Declaration of Covenants, Conditions and Restrictions applicable to the Property as recorded in the Public Records of Seminole County, Florida. I (h) "Member" shall mean and refer to those persons entitled to membership in the Association as herein provided. (i) "Development" shall mean ;and refer to all of the property, as is hereinabove set forth and as from time to time added to in conformance herewith. U) "Maintenance Year" shall mean and refer to a calendar year running from the 1st day of January to the 3 1st day of December. I 2. ASOCIA nON MEMBERSHIP Every Owner as herein above ddined, shall be a Member of the Association, provided, however, that no owner shall have more than one membership per Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership and shall be a mandatory condition of Lot ownership. 3. VOTING MEMBERSHIP The Association shall have two classes of voting membership. Class A Members entitled to vote shall be all those Owners as hereinabove defined other than Developer. Class A Members shall be entitled to one vote for each Lot in which they hold the required membership il!terest. When more than one person holds such interest in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised as such Owners among themselves determine, and in no event shall more than one vote be cast with respect to any Lot, Class B Members shall be the Developer. Class B Members shall be entitled to ten votes for each Lot in which it retains record ownership, provided, however, that Class A Members shall be entitled to cast a majority of the votes of all classes of membership effective on the date that is 3 months after the date on which Developer has conveyed 90 percent of the Lots to Class A Members. 4. USE OF COMMON AREAS Every Member shall have the right of enjoyment to an easement over the Common Area and .such easement shall be appurtenant to and pass with the title to every assessed Lot, subject to the following provisions: (a) The right of the Associati.on to limit the number of guests of Members; (b) The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the Common Area and in aid thereof to mortgage the Common Area; ( c) The right of the Association to suspend in accordance with law the right to use Common Areas and facilities by a Member (other than ingress and egress) for a period not to exceed thirty (30) days for any infraction of its published rules and regulations, to impose fines not to exceed $50 for each such infraction, or both; (d) The right of the Association to impose reasonable suspensions of Member use of Common Areas and facilities (other than ingress and egress), reasonable fines, or both for non payment of assessments when due. (e) The right of the Association, the Developer, or either of them to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members and subject, of course, to transferee approval and acceptance. No such dedication or transfer by the Association shall be effective, however, unless an instrument signed by Members entitled. To cast two-thirds (2/3) of the votes has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance of the meeting at which such dedication or transfer is considered. 5.ASSESSMEMTS (a) The Developer, for each Lot constituting a part of the Property, hereby covenants, and each Owner of any lot by acceptance of a deed thereto, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to cove:nant and agree to pay the Association: (l) annual assessments or charges, (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided, and (3) an initial operating assessment. The initial operating assessment shall be $ payable by the Owner at clos:ing. Initial operating assessments shall be held by the Association in an interest bearing escrow account, and all such assessments and accumulated interest thereon shall be released from escrow immediately following the date on which Class A Members are entitled to cast a majority of votes of all classes of membership in the Association. Annual and special assessments, together with any interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such property at the time the assessment became due. (b) Assessments levied by thl~ Association shall be used exclusively for the purposes of promoting the recreation, health, safety, and welfare of Members and residents in the Development and in particular for the erection and maintenance of improvements devoted to this purpose and related to the use and enjoyment of the homes situated upon the Development. ( c) Immediately following the conveyance of the first Lot by the Developer to an Owner other than Developer, the maximum annual assessment shall be $1200 per Lot. Developer guarantees any shortage for one year. (d) Immediately following the conveyance of the first Lot by Developer to an Owner other than Developer, the maximum annual assessment may be increased effective January 1 st of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July. (e) Immediately following the conveyance of the first Lot by Developer to an Owner, the maximum annual assessment may be increased above that established by the Consumer Price Index C'CPI") formula by a vote of Members for the next succeeding one year period, and at the end of each such period of one year, for each succeeding period of one year: provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. No increase in assessments above CPI shall become effective less than 30 d:lYs from the date on which approved by Members. 6. SPECIAL ASSESSMENT In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both annual and special assessment~: must be fixed at a uniform rate for all Lots and may be collected on a monthly basis, as is more specifically set forth herein, provided, however, the foregoing requirement tor uniformity shall not prevent special assessments against any particular Lot otherwise established pursuant to the terms of this Declaration. No special assessment shall become effective less than 30 days from the date on which approved by Members. 7. OUORUJ\1 FOR MEETING:; ON ASSESSMENTS At the first meeting called, as provided in sections 5 (e) and 6, hereof, the presence at the' meeting of Members or of proxies entitled to cast Twenty per cent (20%) of all the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth in sections 5 (e) and 6. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 8. TERM OF ASSESSMENTS The annual assessments provided for herein shall commence immediately following the conveyance by the Developer of the first Lot to an Owner other than Developer. The first annual assessment shall be adjusted according to the number of months remaining in the Maintenance Year. The due dates of assessments shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. 9. DELINQUENT ASSESSlv1ENTS Any assessments, which are not paid when due, shall be delinquent. If the assessment is not paid ,within thirty (30) days after the due date, the assessment shall bear interest from the date of the delinquency at the highest legal rate allowed by law, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. Interest, costs, and reasonable attorney's fees incurred by the Association in any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the property or abandonment of his or her Lot. 10. MORTGAGES: FORECLOSURES The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any such first mortgage pursuant to a decree of foreclosure under such mortgage or in any proceeding in. lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments which became due prior to sale or transfer. No such sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 11. ASSESSMENT EXEMPT][ONS The following property subject shall be exempt from the assess'ments created herein: Ii (a) All properties dedicated to and accepted by local public authority. I, (b) The "Common Area". 12. RESIDENTIAL USE ONL Y (a) Uses - 20 townhouses (b) Height - will not exceed thirty five (35) feet (c) Building Area Limitation - limited to that area within the property lines for each lot as depicted on the past. (d) Front, Rear, and Side Yard Setbacks (minimum required) Front-O Rear -0 Side-l0' from the golf course (e) Lot Area Coverage - one hundred (100) percent (f) Minimum Living Area - one thousand (l,000) square feet per dwelling unit (g) Other Restrictions - please refer to restrictions throughout the covenants (h) Parking - one (1) enc1o:;ed garage space and (2) open spaces per dwelling unit 13. ARClllTECTURAL CONTROL COMMITTEE The Architectural Control Committee (hereinafter sometimes the "Committee") shall be composed of three (3) members of the Board of Directors of the Association selected by the Board, or three (3) persons appointed by the Board of Directors of the Association who need not be members of the Board of Directors. Tn the event of death of, or resignation of any member of the Committee, the Board of Directors shall designate a successor within sixty (60) days from the date of said death or resignation. 14. PLAN APPROVAL No building or construction of any nature shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design and external colors with existing structures, as to location with respect to topography and finish grade elevation, and as to compliance with the requirements of the Highlands Homeowners' Association, Inc. 15. TIME FOR APPROVAl~ The Committee's approval or disapproval as required in these covenants shall be in writing. In the event that the Archtectural Control Committee fails to act within thirty (30) days after plans and specifications have been submitted to it, the Committee :;hall be deemed to have disapproved such proposed plans and specifications. L6. TEMPORARY RFSIDENCES Except as otherwise provided herein, no structure of a temporary character, trailer, boat; motor home, tent, shack, garage, barn or other outbuilding shall be placed on any Lot at any time either temporarily or permanently. ] 7. PROHIBITED VEHICLES No motor homes, recreational vehicles, boats, trailers or motor vehicles in excess of a 3/4 ton rating, shall be allowed to be kept or parked on any Lot, Common Area, or private road right of way, in excess of forty-eight (48) hours. 18. AERIALS / ANTENNAS No radio or television aerial or ;antenna, satellite dish nor any other exterior electronic or electrical equipment or device of any kind shall be installed or maintained on the exterior of any structure located on a Lot or any portion of any Lot occupied by a building or other structure except by express written approval of the Architectural Control Committee. 19. NUISANCES PROHIBITED No noxious or offensive activi1:y shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 20. ANIMALS. ETC. No animals, livestock, or poultry shall be raised, bred, or kept on any Lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes. However, no more than two (2) dogs and two (2) cats shall be kept in anyone household at anyone time. 21. SIGNS No sign of any kind shall be displayed to the public view on any Lot except one (I) sign of not more than five (5) square feet advertising the property for sale, or rent, or signs used by a builder to advertise the property during the construction and sales period. 22. TRASH No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers, the number, size, and other characteristics of which may be prescribed by the Architectural Control Committee. All equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition, and except during pick-up, if required to be placed at the street, all containers shall be kept at the side or rear of all dwellings out of sight from the street. There shall be no burning of trash, or other waste materials. 23. WINDOWS AND CLOTHESLINES It is prohibited to hang and/Qr dust garments, rugs, or any other materials from the windows or from the front facade of any residence, nor shall any outdoor clotheslines be permitted. 24. FENCES. WALLS. ETC No fence, wall or other strueture shall be erected, placed or altered on any Lot between any private road right of way and any building situated on said Lot. Prior to the erection, placement, or alteration of any other fence, wall, or other structure, Owner shall obtain written approval of the Architectural Control Committee. 25. SHRUBBERY It is prohibited for any Owner, tenant, or family member, or guest to plant any shrubbery, trees, or plants in any position on the Common-Area, or private road right of way, without the prior written consent of the Architectural Control Committee. 26. SWIMMING POOLS. HOT TUBS No pool, hot tub or similar improvement or screening shall be erected or placed on any Lot until the construction plans and specifications and a plan showing their location have been approved by the Architectural Control Committee. 27. PARTYWALLS (a) General Rules of Law. Each wall which is built as a part of the original construction of the buildings upon the Lots and placed on the dividing line between the Lots, shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negl.igence or willful acts or omissions shall apply thereto. (b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. (c) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty and it is not covered by insurance, any Owner who has used the wall may restore it, and shall contribute to the cost of restoration thereof in proportion to his or her use without prejudice, however, to the right of any such Owner to call for a larger contribution from any person who would be legally liable therefore. (d) Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against su<:h elements. (e) Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 28. MAINTENANCE RESPONSABILITIES (a) Association. The Association, subject to the rights of the Owners as set forth in this Declaration, shall be responsible for the exclusive management and control of Common Areas, private roads, street lighting and storm water system, shown O~l the plat of GOLF Sf DE, and all improvements thereon. The Association shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association's duties shall extend to and include the streelts, street lighting and storm water system, as shown on said plat. The Association shall have qualified personnt::! periodically perform an inspection of the drainage system and shall be responsible to maintain said system in a state of good repair. (b) Owner's Responsibility. Each Owner shall provide exterior maintenance of the dwelling unit upon his or her Lot, including painting, repairing, replacing and caring of roofs, gutters, down spouts, exterior building surfaces, and other exterior improvements. Each Owner shall also maintain all shrubbery on' his or her Lot, and all patio and atrium areas. Such maintenance shall include the landscaping of his lot, patio and atrium, subject to the approval of the Architectural Control Committee as herein provided. Should the Owner neglect or fail to maintain any shrubbery on his lot, patio areas or atrium areas or neglect to maintain the exterior of his or her dwelling unit, the Association after 30 days written notice to Owner may maintain or repair the same at Owner's expense. Upon written notice to Owner, the cost thereof shall become a special assessment against that Owner's lot, payable within 30 days. (c) Alterations. Any changes in color of exterior walls or changes in the siding, trim or other exterior materials shall be approved by the Architectural Control Committee. Any changes of exterior color must be in harmony with colors of existing structures in the Development. 29. APPLICABILITY Each person or entity who is a record owner of a fee or undivided fee interest in any Lot or who is a resident of the Development, or any invitee of an Owner or resident, shall be subject to these Covenants, Conditions and Restrictions, together with the provisions of the Articles, By-Laws, and Rules and Regulations of the Association. 30. AMEDMENT These covenants, conditions and restrictions shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or by the Owner of any Lot subject thereto, their legal representatives, heirs, successors and assigns, for a term of ten (10) years from the date this instrument is recorded after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years. The covenants, conditions and restrictions of this instrument may be amended during the first ten (IO) year period by an instrument signed by not less than seventy-five (75%) per cent of the Owners, and thereafter by an instrument signed by not less than fifty (50%) per cent of the Owners. No such amendment shall be effective without the prior approval of the City of Winter Springs, Florida. 3 I. REMEDIES FOR VIOLATIONS For violation or a breach of any provisions herein by any Owner, tenant, family member or other person, the Developer, Association, or either of them, shall have the right to proceed at law for damages or in equity to compel compliance, or for sUlch other relief as may be appropriate. Tn addition to the foregoing right, the Association shall have the right whenever there shall have been built within the Development any structure which is in violation of this Agreement, to enter upon the subject Lot or Property where such violation of this Agreement exists, and summarily abate or remove the same at the expense of the Owner provided, however, the Association shall then make the necessary repairs, construction, etc., necessary to insure that the property and improvements where such violation occurred shall be in the same condition as before said violation occurred, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the provisions of this agreement shall not bar their subsequent entorcement. 32. CONVEYANCE OF COMJMON AREAS The Developer hereby covenants for itself, its successors and assigns, that it will convey in tee simple title to the Association all properties designated "Common Areas" as delineated on the plat of GOLF SIDE VILLAS, but no later than the earlier of the date on which all Lots have been conveyed by the Developer to Members other than Developer, or three years from the date of Recordation of this Declaration 33. Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. IN WITNESS WHEREOF, we have hereunto set our hands and seal this 4day of fl1'.J-, 2000. n \ / /" " / {/~.00lt:& t .' c::;olr s-/DE t/.l/~J J. tJ. / / STATE OF FLORIDA COUNTY OF SEMINOLE .uJl (PrInt, Typt or Slamp C, Public) Pwtaonally Known 0 OR PIoduCGd Idenlblon JX::' ~ofl.D.PIOduoed ~I d V- llc i-?y,s:J ~C1g D-bl- S I {).-i I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments persomlly appeared Golf Side Villas Joint Venture to me known to be the persons described in and who executed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this 11- day of ~oojJ (Notarial Seal) JJ "''6' Mary T lynch ~~ *My Commission CC774136 '''''''''~' Expires September 10, 2002 This instrument was prepared by: Randall C. Smith, Esq, 750 N. Maitland Avenue Maitland, Florida 3275 I -BBJ~LUTf'TLEAGENCY PLAT CERTIFICATE August 3, 2000 FNTIC#5209-9977745B(Revised) Re: Certificate of Tiille Information for the filing of a Subdivision Plat in Seminole County, Florida. Legal Description: See Attached Exhibit "A" A Search of the Public Records of Seminole County, Florida, through July 27, 2000 at 5:00 PM, reveals the following with respect to the legal description attached hereto as Exhibit "A" and made a part hereof: a. The apparent recorded title holder is Golf Side Villas, a Joint Venture, by virtue of that certain deed recorded in Official Records Book 3726, Page 0670, Public Records of Seminole County, Florida. b. Unsatisfied Mortgage or Liens encumbering said property are: 1. Mortgage as follows: Mortgagor: Mortgagee: Recorded: Golf Side Villas, a Joint Venture SunTrust Bank, Central Florida, National Association September 21, 1999 O.R. Book 3726, Page 0673, of the Public Records of Seminole County, Florida. 2. Uniform Commercial Code Financing Statement Secured Party: Recorded: Sun Trust Bank, Central Florida, National Association September 21, 1999 O.R. Book 3726, Page 0703, of the Public Records of Seminole County, Florida. 3. Assignment of Rents, Leases and Proceeds Secured Party: Recorded: " SunTrust Bank, Central Florida, National Association September 21, 1999 O.R. Book 3726, Page 0696, of the Public Records of Seminole County, Florida. 3595 West Lake Mary Blvd., Suite A, Lake Mary, FL 32746 Telephone (407) 321-0400. FAX (407) 321-0302 PLA T CERTIFICATE (Page 2) c. Taxes and Assessments: Parcel Identification (Folio) Number: 33-20-30-515-0D01-0000 Homestead Exemption: No Total Gross Amount: $1,009.17 Taxes Paid for the year(s): 1999 Parcel Identification (Folio) Number: 33-20-30-515-0D02-0000 Homeste:ad Exemption: No Ad Valorem Gross Amount: $11.21 Taxes Pa.id for the year(s): 1999 No Search has been made for Judgments and Liens against any party in interest other than the above named record Title Holder. This Certificate is made for the purpose of furnishing the information required for the filing of the above referenced subdivision plat in accordance with the provision of Chapter 177.041 of the Florida Statutes. It has been prepared expressly for the appropriate governing body as defined by Chapter 177.071 (FS) and it is not to be relied upon by any other group or person for any other purpose. ABSOLUTE TITLE AGENCY ! ! /J .U .p~'?,~~_/$- Authorized Signatory ;; Exhibit" A" A portion of Tracts "D" and "I", "THE HIGHLANDS SECTION THREE", City of Winter Springs, as recorded in Plat Book 17, Pages 48 and 49, Public Records of Seminole County, Florida, being more parC;icularly described as follows: Commence at the SouthE:ast corner of said Tract "D", run South 85011'58" West along the South line of said Tract "D", 70.00 feet; thence North 36050'38" West 217.13 feet; thence North 44047'02" West 112.77 teet to the Point of Beginning; thence North 62051'05" West 96.34 feet; thence North 77034'17" West 62.79 feet; thence North 89024'28" West 75.79 feet; thence South 80056'46" West 66.89 feet; thence North 89032'48" West 64.23 feet; thence South 66010'56" West 271.90 feet; thence North 38025'12" West 245.43 feet; thence North 22050'52" East 94.55 feet; thence North 53002'28" East 230.31 feet; thence North 67016'23" East 125.13 feet; thence South 10021'05" East 328.79 feet; thence South 83036'38" East 315.32 feet; thence South 44047'02" East 65.00 feet to the Point of Beginning. CITY OF WINT.ER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 August 03,2000 TO: Land Management Coordinator Donalld LeBlanc FROM: Construction Inspector Zynka P. Perez SUBJECT: Golfside Villas - Construction Costs for Performance Bond I have reviewed the engineer's opinion of the costs to complete the infrastructure at Golfside Villas. I recommend the amount of$32,261.00 to be used in the performance bond. If you have any questions, please let me know. cc: Community Development Director Public Work:s/ Utility Director Bond No.3-42-85-30 '-. AMERICAltI ALLIANCE INSURANCE COMPANY OHIO PERFORMANCE GUARANTEE BONn The American Institute of Architects, A.I.A. Document No. A311 (Fchruary, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or Jegaltitle of Contractor) Silver Sea Homes, Inc. and Capri Home;s, Inc., Joint Venture as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) AMERICAN ALLIANCE INSURANCE COMPANY 580 Walnut Street, Cincinnati, Ohio 45202 as Surety, hereinafter called Surety, are hdd and firmly bound unto City of Winter Springs, 1126 E. SR 434, Winter Springs, Florida 32708 (Insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of -Thirty-Two Thousand, Two Hundred Sixty-One and 00/100-- Dollars ($32,261.00--) , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated January 25, 1999 , entered into a contract with Owner for Golfside Villas - Earthwork, curb, offsite paving, signs, sodding, water and sewer in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to a~ the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contra.ct betv4een such bidder and Owner, and make available as Work progresses (even though thcre Signed and sealed this 7th ':Je 0 b0Z~J-. u day of - L YDi!J COeJT/JV1-tO v' should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) suilicient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. August, 2000, 1 ~i;~er se~o,~~~venture partner C.p'; H.~n p."'." By: ~~A.':;) -I,~h AMERICAN ALLIANCE INSURANCE COMPANY ety) (Seal) --' . J1{~v40------- ra D. Mosholder, Attorney-in-fact & Florida resident agent ~ ... ~"."...""= AMERICAN ALLIANCE INSURANCE COMPANy0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN ALLIANCE INSURANCE COMPANY. a corporation organized and existing under and by. virtue of the laws of the State of Ohio. ~oes ~e~eby nominate. constitute and appoint the person or persons named below Its true and lawful attorneY-in-fact. for It and In Its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds. undertakings and contracts of suretyship or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and. or final estimates; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. NO. 16730 NAME BREIT ROSENHAUS LAURA D. i1JSHOIDER MELINDA ROSENHAUS ADDRESS AIL OF ALTAM)NTE SPRINGS, FLORIDA LIMIT OF POWER AIL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the AMERICAN ALLIANCE INSURANCE COMPANY has caused thes~ presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14th day of April ' 1999 Attest: AMERICAN ALLIANCE INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON-ss: On this 14th day of April, :;L999 . before me personally appeared DOUGLAS R. BOWEN. to me known, being duly sworn. deposes and says that he resides in Cincinnati, Ohio, that he is the Vice President of the Bond Division of American Alliance Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is ~Iranted by authority of the following resolutions adopted by the Board of Directors of American Alliance Insurance Company by unanimous written consent dated July 12. 1995. RESOLVED: That the Divisional President. the several Divisional Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized. from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. I RESOLVED FURTHER: Thilt the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship. or other wirtten obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES, Assistant Secretary of the American Alliance Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of July 12, 1995 have not been revoked and are now in full force and effect. Signed and sealed this 7th day of August , 2000 August 24, 2000 Thru: Mayor Commission City Manager ~ communit(~pment Director ~ Land Develc:>pment Coordinator~ To: Thru: From: Re: Commission Meeting of August 28, 2000 Regular Agenda Item A Recordation of Plat and Covenants for Golfside Villas Please replace the 10urth and tenth pages of the proposed covenants with the two (2) attached corrected pages ofthe covenants. The corrections are: Page 4 - The initial assessment amount in Section 5 had been omitted. Page 10 - The witness date changed when the correction on page 4 was made. ~-----: ~I 8p(,1 I dhl iW-d) {!,D;:71 e2. . J w <.-.J,Q GI (LlJ '/ (!f;;;JtJ/oSt -I-- 0.- /.-I f..,~l 5.ASSESSMEMTS (a) The Developer, for each Lot constituting a part of the Property, hereby covenants, and each Owner of any lot by acceptance of a deed Ithereto, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the Association: (l) annual assessments or charges, (2) special assessments for capital improvements, such assessments to be fIxed, established and collected from time to time as hereinafter provided, and (3) an initial operating assessment. The initial operating assessment shall be $300.00 payable by the Owner at closing. Initial operating assessments shall be held by the Association in an interest bearing escrow account, and all such assessments and accumulated interest thereon shall be released from escrow immediately following the date on which Class A Members are entitled to cast-a majority of votes of all classes of membership in the Association. Annual and special assessments, together with any interest thereon and costs of collectiom thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such property at the time the assessment became due. (b) Assessments levied by the Association shall be used exclusively for the purposes of promoting the recreation, health, safety, and welfare of Members and residents in the Development and in particular for the erection and maintenance of improvements devoted to this purpose and related to the use and enjoyment of the homes situated upon the Development. (c) Immediately following the conveyance of the first Lot by the Developer to an Owner other than Developer, the maximum annual assessment shall be $1200 per Lot. Developer guarantees any shortage for one year. (d) Immediately following the conveyance of the first Lot by Developer to an Owner other than Developer, the maximum annual assessment may be increased effective January 1 st of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July. (e) Immediately following the conveyance of the first Lot by Developer to an Owner, the maximum annual assessment may be increased above that established by the Consumer Price Index C'CPI") formula by a vote of Members for the next succeeding one year period, and at the end of each such period of one year, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members who are: voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (l0) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. No increase in assessments above CPI shall become effective less than 30 days from the date on which approved by Members. 6. SPECIAL ASSESSMENT In addition to the annual asse:ssments authorized above, the Association may levy in any assessment year, a special assessment applicable 1;0 that year only, for the purpose of defraying in whole or in part, the cost of any construction or reconstruction:, unexpected repair or replacement of a capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this pUll'pose, written notice of which shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis, as is more specifically set forth herein, provided, however, the foregoing requirement for uniformity shall not prevent special assessments against any particular Lot otherwise established pursuant to the terms of this Declaration. No special assessment shall become effective less than 30 days from the date on which approved by Members. 32. CONVEYANCE OF CONlMON AREAS The Developer hereby covenants for itself, its successors and assigns, that it will convey in fee simple title to the Association all properties designated "Common Areas" as delineated on the plat of GOLF SIDE VILLAS, but no later than the earlier of the date on which all Lots have been conveyed by the Developer to Members other than Developer, or three years from the date of Recordation of this Declaration 33. Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. ()... IN WITNESS WHEREOF, we have hereunto set our hands and seal this 23 day of A-,LLC'ly- , 2006 . U 7i!ir;!/ t'<\ \~ \-.t'--V \ ~ 1 \II ~ ri\'S G~' , ')/' "/ /I ,/ ,'/..1 ~ (-7~-~ . 6!.J;Jr.; plv/ lily{,l 1/ rjo,:vt etA::) 6c;}! br~ STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments personally appeared Golf Side Villas Joint Venture to me known to be the persons described in and who executed Ithe foregoing instrument for the purposes therein expressed. WITNESS my hand and officjal seal in the County and State last aforesaid this tkr-. /) ,. o(.~ day of tLL (JI ,200 {; . ,..' '.... Sylvia P Denson ..0.... * JiiljJ *My Commission CC870502 '''~1 Expires November 6. 2003 t",,,.. / ( (Notarial Seal) This instrument was prepared by: Randall C. Smith, Esq, I 750 N. Maitland Avenue Maitland, Florida 32751 .j . '::. GOLFSIDE VILLA S -). REPLA TTING A PORTION OF TRACTS "D" & "1': "THE HIGHLANDS $ECTION THREE" CITY OF WINTER SPRINGS, AS RECORDED IN PLA T BOOK 17, PAGES 48 & 49, PUBLIC RECORDS OF SEMIN()LE COUNTY, FLORIDA. .; SECTION 88, TOWNSHIP '. CITY OF WINTER SPRINGS 20 SOUTH, RANGE SEMINOLE 80 EAST COUNTY, FLORIDA OEseR I P T ION: A PORTION OF TRACTS -D- AND -,-. -THE HIGHLANDS SECTION THREE-. CITY OF ",NTER SPRINGS. AS RECORDED IN PLAT BOOK 17. PAGES 48 AND 49, PUBL IC RECORDS OF SEMINOLE COUNTY. FLORIDA. BEING MORE PART/CUlARL Y DESCRIBED AS FOLLOWS: COIMENCE AT THE SOUTHEAST CORNER OF SAID TRACT -0-. RUN S.8SO/l'58-W. ALONG THE SOUTH LINE OF SAID TRACT -D- 70.00 FEET: THENCE N.W50'J8.". 217./J FEET: THENCE N.4tf047'02-". /12.77 FEET TO THE POINT OF BEGINNING: TllENCE N.~~S' '05.". ~.J4 FEET: THENCE N.7"J4'17-". 62.79 FEET: THENCE N.891'24'28.". 75.79 FEET: THENCE S.'l?S6'4~... ~:19 FEET: THENCE N.8<?J2' 41-.. 64.2J FEET: THENCE S.~/0'S6.W. 27/.90 FEET: THENCE N.J"2S'/2-W. 24S.4J FEET: THENCE N.2r50'S2-E. 94.5S FEET: THENCE N.Sr02'28-E. 2JO.JI FEET, THENCE N.67.'6'2J-E. 125./J FEET: THENCE 5.1(1121 'OS-E. J21.79 FEET: THENCE S.8rJ6'J8-E. J15.J2 FEET: THENCE S.4~47'02-E. 65.00 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 2.7JO ACRES #lORE OR LESS. NOT ICE: This plat, as recorded in its ,raphic form, i. tbe R!ti9~ld..'ct.loDol th."Wh'~"1..4."'..I'."""'r.ha 'an(l -ill In no circum.tanc.. be .uppJaDted ID autbority by any other Iraphic or dilita. form of the plat. There ma, be additional re.trictions tba t are not recorded on this plat that may be found in tbe public records of tbis county. NOTES: ,. TRACTS"A" AND "B" (ROADWA Y. OPEN SPACE. PARKING AND DRAINAGE EASEIICNT) ARE TO BE OWNED AND MAINTAINED BY THE HOIt/EOWNeRS' ASSOCIA TlON. 2. THE ROAD RICHT -OF -WA Y EASEMENT AND EMERGENCY ACCESS EASEMENT ARE TO BE OWNED AND MAINTAINCD BY THE HOMEOWNERS' ASSOCIA TlON. J. ALL LOT CORNeRS WILL BE SET A r THe COMPLETION OF CONSTRUCTION WITH 5/8" IRON ROD MARKED L.S.J764. 4. UTILITY EASCIlENTS SHALL ALSO BE CASEMENTS FOR THE CONSTRUCTION, INSTALL- A TION, MAINTENANCE AND OPERA TION OF CABLE TELEVISION SERVICES; PROV/ocD, HOWEVER, NO SUCH CONSTRUCTION. JNSTALLA TION, MAINTENANCE, AND OPeRA TION OF CABLE TELEVISION SERVICES SHALllNTEREFERC WITH THE FACLITIES AND SERVICES OF AN ELECTRIC. TELEPHONe, GAS, OR OTHER PUBLIC UTILITY. S THE p~Ar 4~ '(st:i~,c-S/04'VI'~AS" /$ u;Jc~~a /AI THE Mt/AI/C/.P.I9L .&:JVA//)A~Y 1J;tI' ""'6" C/TI' 4,.. W/Nr~~ S~.It'/NQ$_ SITE7 lJ..J -J () ~ () .... lu l> ..... V) ~ ).. CI) f ..... <..> ~ ~ .... , ....... ..... ~ "- :t .... ~ ~ .,) Q... .... ~ S N.JRD ~ () .... 10 Q ..... STREEr Q:: ~ LONGWOOD-"AGNER ROAD (S TA TE ROAD 4J4) TItACT -D- V I C I N I TY MAP LEGEND: () REC DENOTES RECOVERED C.M. CONCRETE MONUMENT -0- SET PERMANENT REFERENCE IlIOtUIENT (4. X 4. ) (L.S. 3764) , ,0. C . PO I NT OF' COMNCEMENT ------------- #, ~$. PO.B. POINT OF' JE41""NG ~.. . 6r1. l 4lh_ ~ CENTERLI ~ -~~'.I7'.4 R/. RIGHT-OF-.Al ~.. ~~.- , ,C. PO I NT OF CUR VA TURE .. ~ ....,'... P . T . PO I NT OF TANGENCY ~.. ... ~ l ' S ' LI CENSED survEYOR "'~8,,: R. RADIUS 1 1. 9' ~: ~ l. LENGTH ...... .~ A DELTA ~. ... CH. BRG . - CHORD BEAR IIG ...~ ... "'... 0, R B - OFF IC IAL IE(lORDS BOOK ~I. ~~ ( ~,,--*_ P . I . - '0 I NT OF I NURSECT ION h. ., of...... ,..... ;S ~ cr. .",~~'~ ' ,. ~~~ "....,"'~' ,. . -.:::J. , , . MA TCH P01NT ~ i (... .H..T I 0' I} +~'~ ~~ ! o;.~ .~<~.. '," % ~'~ ~~ · " ~r~ \ ~~ """ ~... ~ " ~ \; ~ ~.:~ .",. . ~ ~ .- '". ,,'0 .. Y..t. <: . " " . ~ '" ~ 4:"<;'~. "" '. . ,~. <:.~ ~~...~. ',(\ ~ ~~'+~ '\0 .. , .~~.... e 4t...~... ....'-. ~ ."r ~ "'.. \ '~ ~- ;.. \~. '\; '", ~~ ~\-' "ff, ... ,+ " .. V ~ -!' , ~.\ , S. LINE OF rRACT .. D" \. r ___-- \.J- - - --;... _ _..' S ",".,. w 'w. () () (\f () 10 I ...: ~ ~ ~ iii . ~ 10 '0 vi \) ~ ; CI) ~ . ~ " u ~ " "- o ~ ..., :t: " ::> o CI) ~ " ~ () I:) ... CI) ~ Q) ~ ~ CI) \) ~ ~ ; SCALE: I .. -40 . Troct '~" ~ lu ~ V) P. O. B. ..... ~ INDE X JOINDER AND CONSENT TO DEDICATION r. ---__ ,..~ CDtT,,," ,,,., " I. ,.. HI.,. ., . """'''''' ".'" .,. .,,,.,. ....It,... ....'"...... ...,.,~ ""..,.", tIN ,.., ,IN "'''.'ftNfI ....., ,.,,.. ,,, ~ ......,. t. ,,,. ...."." ., ,,,. ,... ..""H4 ...... ., ,.. ....,. ,..,..." .w ."... ,.., I,. ..,.'..... "." .,. .,,,.,. ............., .,.It I. ,....,.tIetIl" .,".,. ,....,...... #... - ,,,.., Df/6"~ ., 'IN 1IfIIIII. ,...,.. ., .,..... ....", ".,.,., ."'" ". ...,.4I/MJlfH/ ,. ,.. ...... ....".". .. .wlt "".,'.... ,... .... ....IItlH. r.. ~~ C"'~.~ ~ ~ ~ ",''': ~ .~~" -s.,,"'Ct~ r... 0 ~ . 0.... , .. ~< ~ .. .. ..a . -.. ~.., 00 .. ~ +() ~.. ~ . -.... ~~ ., ., ,,- I L..w I I. I I f I -.i " ..."...e'i ~ n...J~. ~ --I:t~ :i= l~~ ,~I I'~ I;: _. I .. I~ 'R :1 ~ \ P. o. c. ($. E. CtMlItEIt OF rltACr "If" · rHE ~r Hi_AleS SEer/OIl r'*'EE) ..., .rArc tIT .f:U#r,'dA COUIIrr. 0 rfl~e I'k. ",. I.,....,.. '".',.--~... "It"..,..~ ".,.,.... 11tI.JJ::.:..., .f~, ~OIl!.l1 ,.,.~u"'.I1).,5"L(,\ \ /'''1&+. FLtJ81M . ..,.".,.."."."...." .f 'IN ..,.,.,.., IN. SWAGGERTY LAND ~~~SURVEYINC. INC. LICENSEO BUSIHESS NO.4906 III N. ORANGE AVENUE P.O. BOX 2J84 . SAHFORD. FLORIDA J2772-2J84 (401JJ22-46JO FAX (407)J22-8611 . /1 SHeET 1 OF 2 .. 1 ~.", - .....,..,." .... KAlIl L IICCMY MY COMMISSION. CC,.. EXPtAES: ~.. 1m 8GndIcJ nw NoIIIy NIIIc.....- "" ...., ..1.. ..pI ,... ,? 40' I , i- , I 40 . 40' , ~I :, ~l 0' -\ :1:, !\ '=, t)~ T "0' I l ~ \ 1 \ .-, PLAT BOOK PAGE GOLFSID. VILLAS DEDICATION -, ~ iii KNOW All MEN BY THESE PRESENTS. That the joint venture named below, being the owner in fee simple of the 'ands desc- ribed in the foregoing caption to this plot, hereby dedicates said lands and plat for the uses and purposes therein expressed and dedicates Utilitv Easements and 0 Uti'itv Easement over Tract "A" shown hereon to the perpetual use of the public. IN WITNESS WHEREOF. has caused these presents to be signed by the individual and officer named below and its corporate seal to be affixed r!! on NR*", /~ etJOo BY lEZ. Vice President lAS, 0 joint venture the presence of: I ,I : /'-- ~ heS ~I<: STATE OF tlon4 COUNTY OF OIlll5~ THIS IS TO CERTIFY. That on I'rd~ Lt. '1..C>oo before me on officer duly authorized to toke aCTcnowledgements in the S'tote and 90unty ~foresaid. personolly appeared Horacio G. Gonzalez os Vice Pres,d4!nt of the above named corporation incorporated under the lows of the State of Florida and is personally known to me or did/ did not toke on oath that he ;s the person desc- ribed in and who executed the foregoing Dedication and severolly acknowledged the execution thereof to be his free oct and will os such officer thereunto duly outhorized; that the official seal of said corporation is duly affixed thereto; and that the said Dedication ;s the act and deed of said corporation. IN WITNESS WHEREOF. I hove hereunto set m~ hand and seal on the above dote. ~ v My Commission Expires L IICCMY . MY COMMISSION. CC ~ EXPIRES: ~ as... .......""" ,.., PIIIIIt.......... CERTIFICA TE OF PREPARING SURVEYOR ThIs plo' wa. .r.por.d und.r 1ft, dlr.cflon ."d ..,.rtfl./on. This plot com"".. with tI" ,,,. .urv., r.''',r...,.'. of Chopl.r 117, Florida SIolul... T~f5 ~T LIE'f>>lt\.~y WJ'TH'~ T . !Ah.lC>~RIE!J OF Tt-{e. c. rT oc: w"""Tt , ~ /7- Surv.,or'. Slgnofur. Do'. STEVEN B. SWAGGERTY Surv.yor". Nom. (print. d) SWAGGERTY LAND SURVEYING, INC. L.,ol Entlfy'. Nam. L.B.4906 L.'QI Entity'. C.rllflCtlf. of Aufhorlz."." 111 N. Oron.. A tfontH. S.nt.rd. Fl." .JZ 771 L.,GI Enllf,'. Addr... CERTIFICA TE OF REVIEW CITY SURVEYOR -:-" ,7 '.. .. :p OF APPROVAL BY THI S I S TO CERT! FY, Thol on............................ !~f~ . fh. CIf, Corrmi..lon of fh. Clfy of Wlnl.r Spring.. Florid" oPP- rov.d Ih. for.,o/n, pi 01 . ....... ...... ....... ............ AMYOR ATTeST: ....... ......... ....... ...... ... CI TY CLERK CERTIFICATE OF CLERK OF THE CIRCUIT COURT ( HrREBY ceRTIFY. Thol I hav..xQmln.d Ih. for.go/n, plol Qnd fInd I hQI ;, compl i.s wi I h 01 I I h. r.qul r.menl. of ChGpl.r 171, Florida Stalul... and was fll.d for r.cord on................. at . . . . . . . . . . . . . . F'/I. No........ _ . . . . . . . . ...... ..... ........ ....... ....... ............ CI.rk of Ih. Circuit Court In ond for S.mlno/. County, Florid. BY. . . . · . . . . · . . . . . . . . . . . . . . . . . . . . . . . . . . . D. C. . GOLFSIDE VILLAS PLAT BOOK PAGE , ~ .; REPLA TTING A PORTION OF TRACTS ''[)'' & "I': "THE HIGHLANDS SECTION THREE" CITY OF WINTER SPRINGS, AS RECORDED IN PLAT BOOK 17, PAGES 48 & 49, PUBLIC REC-{)RDS OF SEMINOLE COUNTY, FLORIDA. SECTION 88, TOWNSHIP CITY OF WINTER SPRINGS 20 SOUTH, SEMINOLE RANGE 80 EAST COUNTY, FLORIDA NOT' CE; This plat, as recqfded in it. .raphic form, is the official depiction of the subdivided Jands described herein and will in no circumstance. be supplanted in authority by any other ,raphic or di,ltal form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in tbe public records of thi. county. ,..- / / / / / / / / / / / . / f 1;1 ~I ,f/ . 1 " -\/ / 1 / / / / 1 / / / / , " - - - _ a ~4~, - - _I,#"~ - - ~.:..~, '\ ~~~ J>.~~ ~~ ~ \ 0 6\ ~~ 0.\ ~~'\ ,~fI, ~O ~-,1. ~ ~ (I.'~ ~J>.G \0' J>.' O~ .A " , " " , '&, "\ \ \ \ \ ,w \\ \ . .. \.... WI \ LINE TABLE L / s. /(1' ZI '05 -E. 8.0Z' LIS S. Jft S7 'J2-E. 42.00' L2 S.2r 4J'J7-E. 4 J . J4 . LI6 N. 5.r OZ . 28 - E 1267' LJ N.6r 16 '2J -E. IZ.oo' Lli' S.W57'.1Z-E 18.10 . L4 S . 2? 4J . .17 - E . 42.00' LI8 N. 5" J4 '48 -E. 4J. J4' L5 N.6r 16 '2J-E. 12.67. LI9 N. .18' 25 . 12 -.. IZ.OO' L6 S.22. 43' 37 -E. 18.01 . L20 N. 5 r .14 . 48 -E. .10.00' L7 N.6r 16 '23 -E. 3.26' L2/ N. 51. 34 . 48 -E. 25.86 . L6 S.J~ 57'J2-E. 17.30' L22 N. 38" 25' /2-. /2.00' L9 N. sf 02 '28 -E. 12.67' L2.1 N. 51.3446 -E. 4J. .14 . LIO S.JG57'J2-E. 42.00' L24 N. 2 SO 49 . 04 ... 18.01 . LII N. sr 02 '26 -E. 12.00' L25 S.6(/' 10'56-.. /2.67 . LI2 S. J~ 57'J2-E. 4.1 . .14 . L26 N.2S' 49 '04 ... 42.00' LI.1 S.J~57'J2.E. 4.1,34' L27 S.6810'$6-.. 10.67' LI4 N. 5.r 02 ' 28 - E . 12.00' L26 N. zf 49 '04... 43.34 . <:) <:) <\I - - - - " \~ ," ,~ \ \ \ \ lu -.J <:) "l <:) - l> V) V --- :t Cl () ~ III ct (.=> ....: "II: ~ ct: r ~. 4Il) ~ ~ 4Il) ~ \) ~ tI) "II: , " ",," f.l\ " 4. ~ \\, '" ~ ~~~-\ ,,\tI(C. t' ~. . \ · 0" ..' '.' "'.r ~ \ . ., " ", ~ f11 f. (i ~. " , '" 1t'~ t~.., '" t f .' '" " .1 0 l' O\) " ~~ \ G '" ...1 '" r 0" ~ t " e~ .0.0 r ...1 \ ..1 \ I'" ~ ,~ ,'; ~"f. \ IItt I~ , , " ,'1 ,," . p ... <.> 'lI( ~ ... , ,t i~ SO ,,-' -t 21 > (') - -4 0 ~ - . 0 . ~ , 0 ~ . () ~ ~ .... ~ ~ CI') ~ ~ e tI) 'lI( .. ~ 'lI( tI) ~ . -= 'lI( I " , " " " " , ., ~~, ~. " ~..' , ~~' " ~. , " .~ ~ i ~ .~ ~ .,. f.1 O~ (i t.O~~) - ~~ ~\ -~-{'._;r.-"T. t1( 00 c". ~ !' ..... ~ () ." I ..,.. ~t ~ . ...~~ ^~~ t" ""'11/ ,,0 Q ~ Ii ,';- ). ~.. ~ 00'./" ."..~ ].'-- - - '" ~ ,t II ~.J!. - /~~' - -_.../.~ - - -;i. ~ - - ~;" ". - ,s ,..)1' "" EMERGENCY ACCESS EASEMENT (O.R. BOOK 2/49. PAGE 04681 SCALE: / .. -40 . -A ""'70 .. -A 00 . ~..... . . .,. It 8.1-.16' .J8. W 2 ,~. 4.]' GOLFS/DE "A" TrOCt .,t .. 1M .6. v S BO"S6' 4' '" 64.23' R ::=325. Of!' L ROAD RI GHT -OF -WA Y L: JI5~~ ~~. 28~ EASEIENT ~~D"~~3. 53' ,.. E. (0. R. Z' 4., '-AGC 4.6) CH- .RG. ....-- - - - - --..... - - ---....... - - ............... ..--- COURT~---- N ."24' 28" W LEGEND: THE HIGHLANDS SECTION (eOLF DOUR..) THREE ..... :a:; ....... ()~ Q.... .... :t:= (): ....... .. ~. ~~ SWAGGERTY LAND ~~- ~ SURVEYING, INC. LICENSED BUSIHESS NO.4906 III N. ORANGE AVENUE P.O. BOX 2J~4 SANFORD. FLORIDA J2772-2J84 (407IJ22-46JO FAX (407'322-3611 If'fl . 0''& ,., s · REC DENOTES C.... -0- RECOVERED CONCRETE MONUMENT SET PERMANENT REfERENCE WONUMENT (4 - X 4 - ) (l . S. 37~) NAil AND CAP PO I NT OF C<MtENCE'€NT POINT OF BEGINNING CENTERLINE RIGHT.Of-WAY NON RAOIAL RADIUS LENGTH DELTA CHORD BEAR I NG POINT Of INTERSECTION SHEET 2 OF 2 N.C. P.O.C. '.0.8. JIW eN. R. t R. L. , CH.NG. , . I . .