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HomeMy WebLinkAboutChelsea Parc at Tuscawilla . 1-; · .'"h Y ~ ( \)7 ,-\/ CU~R;'\ OF CiRCui 1"' C-O~URT 461372 vl..lll,WU:. vvUlt '( r L RECCRDEO ,'. Y'ERlflED .13 AUG 26 PH r: ~6 THIS INSTRUMENT PREPARED BY l~lEl RE!'i'MR~ W: RUSSELL W. DIVINE, ESQ. WARLICK, FASSETT, DIVINE & ANTHONY, P.A. Post Office Box 3387 Orlando, Florida 32802-3387 '~GT\JR\J T~: \) c~~ '- ~ -0... '-e.~ L~ 10 c.. c: \ T'f () F W u,j"tG:t'l. SPR\. tJ Ci.. S \\'L~ G~~T S,R.4--::S4- W\rJ~Q. SPP.\tJG.S, f-:"L -''1l~ ~ (l)w CC1 0:: <'1" o~' (.) 1.&.1 c: ....J <t 0_ -- ll... 0 lI...c Oeo M r- l/') o -l .... ci (.) w -' o % ]: i.f.J en FIRST AMENDMENT TO DECLARATION OF CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS ~ CHELSEA PARC AT TUSCAWILLA. LT.1~ This First Amendment to Declaration is made this ~O~ day of August, 1993 by CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited partnership (the "Developer") for the purpose of amending the Declaration of Conditions, Covenants, Easements and Restrictions recorded at Official Records Book 2567, Page 1280, Public Records of Seminole County, Florida ("Declaration"). This Amendment to Declaration is executed by the Developer alone pursuant to the authority granted in Article IX, Section 5 of the Declaration. The Declaration is hereby amended as follows: u:l ('W') '-0 "..J 1. In accordance with Article II, Section II of the Declaration, the Developer hereby adds the additional property described in Exhibit A attached hereto to the property which is subject to the Declaration and governed by the Association. Said property is to be platted as Chelsea Parc at Tuscawilla - Phase II. ~ .0 \' r"6 t~~ ty} - E~ ria 3. t I~ ~ l following :3 .~ ~-- B~1 @-3 2. Article I, Subparagraph (c) is hereby amended by adding the following sentence at the end of the paragraph. The term Common Areas shall also include all streets and roadways located within the Property. Article I, Section (n), is inserted in its place: is hereby deleted and the (n) "Plat" means and refers to the plat of Braewick of Tuscawilla - Phase I, recorded in Plat Book 37, Pages 53 and 54, public records of Seminole County, Florida, together with the plat of Chelsea Parc at 'Tuscawilla - Phase I, as recorded in Plat Book 45, Pages 82 and 83, public records of Seminole County, Florida, together with any plat of additional .::r J uJ r- (.:J &A. .c'( t.n 0 ~ 0 . Co.) I W . -1 J 0 , ~ - '-.0 ~ ~~ .0 M w ...0 U) V) ~CD ,,1 land made subject to this Declaration and to the jurisdiction of the Association. 4. Article IV, Section 2 is hereby deleted and the following is inserted in its place: Section 2 Easements Appurtenant. The easements provided for in Section 1 of Article IV shall be appurtenant to and shall pass with the title to each lot. 5. Article IV, Section 4, is hereby deleted and the following inserted in its place: The Association shall have the right to grant permits, licenses and easements over the Common Areas for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of The Properties. Use of the Common Areas for utilities, as well as use of the other utility easements as shown on relevant plats, shall be in accordance with the applicable provisions of this Declaration. Perpetual, nonexclusive easements are reserved across the Common Areas to the Developer and/or the Association, or such utility, security, and cable television companies to which the Developer or Association may convey easement rights, for and on behalf of the Developer, the Association, and the grantee utility companies, as may be required for the entrance upon, construction, connection to, disconnection from, replacement of, maintenance, and operation of utility services, drainage facilities, cable television system, security, and such other equipment as may be required to adequately serve the Properties, any other lands subject to ownership by the Association or the Developer, it being expressly agreed that the Developer and any of its successors or assigns, the Association, utility companies and any other person benefitted hereby making the entry shall restore the property as nearly as practicable to the condition which existed prior to commencement of construction of such utility or storm water management and drainage facilities. An easement is reserved over, under and across each of the Lots for the placement and operation of electric utility meters and lines connected to the meters -2- (l')W O<.:J o::~ OQ.. (..) W 0::: ...J <( - ~~ I.l.. CJ I.l.. 0 oro to r- Lf) o serving any and all Lots within the Block upon which said Lot is located, all of which Lots and Blocks are depicted upon the Plat. In addition, easements are reserved to the Association and the Developer, and may be created from time to time by the Developer during any period that the Developer shall own at lease one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be required from time to time to serve any of the Lots and/or any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement conveyed by the Developer, the joinder of the Association or any Lot Owner or Lot Owner's mortgage shall not be required. Any provision in this Section to the contrary notwithstanding, all surface and storm water management facilities shall be owned, maintained and operated by the Association in accordance with all federal, state and local rules and regulations. "" M u::> ('oJ ..J ..... . o (.) Lt.J ..J o % :c La.l U) 6. Article IV, Section 7 is hereby amended by deleting the last sentence thereof and replacing it with the following: With respect to Old Lots only, there shall be reciprocal, appurtenant easements of encroachment as between each Old Lot for the unwilling placement, shifting, or settling of the improvements constructed, reconstructed or altered on any Old Lot (in accordance with the terms of this declaration), to a distance of not more than ten (10) feet, as measured from any point on the common boundary between adjacent Old Lots. 7 . The Article V, Section 2, is hereby deleted and the following inserted in its place: Section 2. Purpose of Assessments. The Regular Assessments levied by the Association shall be used exclusively for maintenance, repair, renovation, and construction upon the Common Areas, for capital improvements and reserves and for promoting the aesthetics of the Properties and the health, safety, welfare and aesthetics of the Members of the Association and their families residing with -3- (/).w oel 0::<( 00.. Co.) W 0:: -' <! - ~::c I.&.. 0 1.&..0 oeo them, their guests and tenants, all as provided for herein. \D r-- lJ') o In addition, with respect to Old Lots, the regular Assessments shall be used to pay the following expenses with respect to the Old Lots: (i)maintenance and fees for security system on each Old Lot; ( ii) maintenance and fees for security system on each Old Lot; (iii)trash and garbage collection; (iv)maintenance and repair of exterior building surfaces of improvements on each Old Lot, including the painting of roof tiles as may reasonably be required from time to time, provided however, that the Association shall not be otherwise responsible for maintenance and repair of roofs and windows. ...i t.a.. . C) u W ..J C) :z: :c u.J <.? \ \.0 (V')- \.D C".J With respect to New Lots, the regular Assessments shall be used to pay only for mowing and edging of sodded areas located between the front wall of the residence located on each New Lot and the roadways within the Properties. (a) Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Areas. The reserve fund shall be maintained from annual Assessments and shall be maintained in a separate account segregated from operating funds. (b) Assessments for and the Regular shall be the Assessments for be the same as Lots. Uniformity. Regular all Old Lots shall be the same Assessments for all New Lots same. However, Regular Old Lots are not required to Regular Assessments for New (c) Workinq Capital. Upon the closing of the sale of a Lot, the buyer of such Lot shall pay to the Association an amount equal to two monthly assessments of the Association for such Lot, which amount shall be maintained in an account by the -4- (/')w ca..:) ~~ (.) LU Cl:: -.J <r ~~ LI.. 0 Ll..O om r- r-. -i LOt&.. . <=> CJ U laJ ....J o z :I: w (I) \.0 M U) ~ Association. considered as Assessment. Said amount shall advance payment of not be annual 8. Article VI, Section 4 is hereby amended by adding the following sentence at the end of the section: The stormwater infrastructure is to be operated and maintained by the Association. 9. Article VI, Section 22 is hereby deleted and the following inserted in its place: Section 22 - Additional Rules and Requlations. The Board of the Association, by a vote of at least 2/3 of its members, may promulgate additional rules and regulations governing the properties and members and the Association may enforce such additional rules and regulations in accordance with the terms of this Declaration. 10. Article IX, Section 12, referred to an Exhibit "B" which described Wetlands Areas. Said Exhibit was inadvertently omitted from the Declaration. Said Exhibit B is attached hereto as amended for Phase II. 11. After Article XIII, the following should be inserted: Article XIV Approvals by The City of winter Springs Section 1 - Amendments. Any other provisions of this Declaration to the contrary notwithstanding, no amendments may be made to this Declaration without the prior approval of The City of Winter Springs, Florida. Section 2 - Third Party Beneficiary. The City of Winter Springs, Florida is a third party beneficiary of the terms and conditions of this Declaration and shall have the right to legally enforce this Declaration or any part or provision thereof. Section 3 Compliance with City Code. Nothing contained in this Declaration shall be construed to permit or authorize any violation or deviation from the City Code for The City -5- U)l1..1 C)(,:, 0::<: Ca.. (..) W ex: .J <t. ~.~ 1..a..C Lr..O oeo of winter Springs, Florida, as the same may exist from time to time. Executed as of the day set forth above. WITNESSES: CHELSEA PARC AT TUSCAWILLA, LTD. a Florida limited partnership LA ~ ~ By Its General Partner BOLIN DEVELOPMENT, INC., e~f.a [')1 rA g1n co r- '~ Ln . o 0 (.,) W -J o "",:!: ('W')4 ~ ~TE OF FLORIDA "I COUNTY OF ,YhU-nlJ Ie B0~Q Theodore A. Bolin, President Address: 2611 Technology Drive Ste. 207, Orlando, FL 32804 The foregoing instrument was acknowledged before me this20~ day of August, 1993 by Theodore A. Bolin, President of BOLIN DEVELOPMENT, INC., the General Partner of CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited partnership, who is personally known to me or who has produced as identification. Publ c (l , Print :. I&Jv~FJdM~Vl My Commission Expires: Commission #: CLAIRE FLAfJAGAN rJOTARY PUBLIC; STATE OF FLORIDA AT LARGE MY COMMISS!ON EXPIRES MARCH 23, 1995 BONDED THRU ASHTON AGENCY INC. COMMISSION NO. GC 084474 -6- (/)t.t.J oe a::~ oct (.) W 0::: ...J <! !2~ ~o ~o 000 EXHIBIT A LEGAL DESCRIPTION Chelsea Parc at Tuscawilla Phase II Sections 7 & 8, Township 21 South, Range 31 East City of Winter Springs, Seminole County, Florida BEGIN at the intersection of the Southerly right-of-way line of Winter Springs Boulevard and the Westerly right-of-way line of Greenbriar Lane as shown on the Plat Book of Braewick of Tuscawilla Phase I as recorded in Plat Book 37, Pages 53 and 54 in the Public Records of Seminole County, Florida; run thence S 16020'04" Walong said Westerly line a distance of 80.34 feet to a point of curvature en on a curve concave Northwesterly having a radius of 1875.05 feet; r- run thence Southerly along the arc of said curve and said Westerly Lf') ~e through a central. angle of 10050 '26" a distance of 354.77 c:rWt; thence from a chord bearing of N 21045'17" E run N 64040'38" ~a distance of 382.90 feet; thence N 63013'21" W a distance of ~.80 feet; thence N 22025'15" E a distance of 148.00 feet to a !nt in the Center line of Howell Creek; thence N 51059' 4 9" E a \.0 tance of 77.50 feet; thence S 76026'55" E a distance of 72.69 (Y') t; thence N 36007'55" E a distance of 67.49 feet; thence N '-C 1~37'28" W a distance of 70.78 feet; thence N 29047'02" E a ~ldistance of 14.49 feet to the Southerly right-of-way line of winter Springs Boulevard and a point on a curve concave Southwesterly having a radius of 2292.44 feet; thence from a chord bearing of S 71052' 08" E run Easterly along the arc of said curve and said Southerly line through a central angle of 3029'47" a distance of 139.89 feet to a point of reverse curvature on a curve concave Northerly having a radius of 6431.67 feet run thence Easterly along the arc of said curve and said Southerly line, through a central angle of 3016' 45" a distance of 368.10 feet to the POINT OF BEGINNING. Contains 5.10 acres more or less. -7- , .' .... EXHIBIT B WETLANDS AREAS Phase I: There are no Wetlands Areas in Phase I. Phase II: The area located within the drainage and maintenance easement which is within the fifty foot setback from the center line of Howell Creek. O?w <:::) oC> CO ....i c::~ U') I&.. 00.;: Co) 0 d LU U 0:: bJ ...J -' <: 0 - ;!; S;x \.0 u..,O C"':> :t: u..O b.J Om (.D (I) N -8- .- -:; 3 ( () Prepar by. and refum to: "\ --, Bob L. bmson < . -../ . 730 Lake est Cove . - A1tamonte S . gs, Florida 32701 ;"1/\RYAW~E MORSE _ CLERK OF Cll<CUIT caUR I 3('7225 .) - ',:FMINULt. o..,vu..' .. . -[1 :;::COROEO & VERIFIEJ ~19 MAR 26 Pl1 3: 09 ..f\ vi' I, .J ...1 c!. c- V' d ) .I , .I ./ :3 (J -y' > c j -+-- SIl c:. /' ' (fJ rT'1 SUPPLEMENTAL DECLARATION OF CONDmONS. COVENANTS. EASEMENT~ AND RESTRICTIONS FOR CHELSEA PARC AT TUSCA WILLA i2 rr' TIllS SUPPLEMENTAL DECLARATION OF CONDmONS, COVENANTS, EASEMENTS ~ -- RESTRICTIONS FOR CHELSEA PARC AT TUSCAWILLA (the "Supplemental Declaration") is macft;, this 19th day of March, 1999, by Chelsea Parc at Tuscawilla, Ltd., a Florida Limited Partnership (the "Developer") for the purpose of supplementing the Declaration of Conditions, Covenants, Easements and Restrictions for Chelsea Parc at Tuscawilla recorded at Official Records Book 2567, Page 1280, as amended at Official Records Book 2636, Page 573 and at Official Records Book 2984, Page 120, and in Amended and Restated Declaration of Conditions, Covenants, Easements and Restrictions for Chelsea Parc at Tuscawilla at Official Records Book 3508, Pages 1170 through 1226 all in the Public Records of Seminole County, Florida. The Declaration is hereby supplemented as follows: ADDITION OF PROPERTY: 1. Additional Property No. 1 (Aggregated). In accordance with Article II, Section 2 of the Declaration, the Developer, as successor to BRAEWICK OF TUSCA WILLA DEVELOPMENT CORPORATION, a Florida Corporation, hereby adds the following properties under grant of Non- Exclusive Easement Agreement at Official Records Book 1822, Pages 1872 through 1883, as amended and corrected at Official Records Book 1836, Pages 1948 through 1952, all in the Public Records of Seminole County, Florida. Additional Property No. lfAggregated}, to which Developer has Non- Exclusive Easement Agreement which use and benefit runs with the land, and which benefits and advantages shall inure to the successors and assigns and serve the real property, is described in Exhibit "A", as corrected, at ORB 1836, Pgs 1951 and 1952; Exhibit "B" (Sanitary Sewer Easement # 15) ORB 1822', Pg. 1881; Exhibit "C" (Roadway Easement # 17) ORB 1822, Pg. 1882; all in the Public Records of Seminole County, Florida, and incorporated herein by reference to the Properties which are the subject of the Declaration and governed by the Association. 2. Additional Property No.2. In accordance with Article II, Section 2 of the Declaration, the Developer hereby adds the following property under grant of Non-Exclusive Easement Agree!!lent at Official Records Book 3582, Pages 1936 through 1946, all in the Public Records of Seminole County, Florida. Additional Property No.2 in legal description at Official Records Book 3582, Pages 1943, to which Developer has Non-Exclusive Easement Agreement (Drainage Easement), which use and benefit runs with the land, and which benefits and advantages inure to successors and assigns and serve the real property now the subject of the Declaration and amendments thereto, and by this Supplemental Declaration the property is added and incorporated herein by reference to the Properties which are the subject of the Declaration and governed by the Association. 3. Additional Property No.3. In accordance with Article II, Section 2 of the Declaration, the Developer hereby adds the following property in legal description Exhibit Tract, "A" description at Official Records Book 3582, Pages 1946 incorporated herein by reference to the Properties which are the subject of the Declaration and governed by the Association, such addition to become effective upon the Commissioners of the City of Winter Springs' approval and recording of the Plat of Fox Glen at Chelsea Parc, Tuscawilla Phase 2 in the Public Records of Seminole County, Florida. W 0'"\ 0)0 o "'T1 o "'T1 CO :;:T. C=:. l> ;:1") ;T1 0 (-) C) '00 :p;o -oJ C1CJ Ul {T1(r. - Prepared by and return to: Bob L. Robinson 730 Lake Crest Cove Altamonte Springs, Florida 32701 : IF ~ leI ^,' t: c r, R 0 S i.J l 1--, - ,~. aOOK . A.G: 3618 0016 4. Additional Property No.4. In accordance with Arti~f.: l~1 ~rn!i~n(Ab.t1Ule Declaration, the Developer hereby adds the following property described in General Warranty Deed and Exhibit ROBINSON RESERVE TRACT (WETLANDS AREA) at Official Records Book 3581, Pages 1739 and 1740, all in the Public Records of Seminole County, Florida, and incorporated herein by reference to the Properties which are the subject of the Declaration and governed by the Association. Additional properties 1. 2. 3 and 4 collectively, are added to the Declaration and by reference herein included as part of Plat of Fox Glen at Chelsea Parc, Tuscawilla Phase 2, at Official Records Plat Book 55 , Pages 31 through 3 g , all in the Public Records of Seminole County, Florida. WITIIDRA W AL OF PROPERTY: In accordance with Article IX, Section 7 of the Declaration, the Developer hereby withdraws and removes the "USE" designation of that certain portion of land noted Tract A Drainage Easement on the Plat of Fox Glen, Phase I, Chelsea Parc at Tuscawilla at Official Records Plat Book 49, Pages 78 through 81, all in the Public Records of Seminole County, Florida. Only the "Use" designation "Drainage Easement" for the subject property is hereby withdrawn from the Declaration incorporated herein by reference, and said drainage easement use is hereby removed and declared null and void and of no effect. Subject deleted drainage easement use area has been specifically replaced by Additional Property No 2, herein above stated. REAFFIRMATION: Except as supplemented herein, the Declaration and amendments thereto remains in full force and effect. EXECUTED as of the date first written above. WITNES~ > Print Name: Scott D . Clark ((){~!t) ~.ctioi~) Print Name: Ginger l. Hodges L. ROB SON, President Address: 730 Lake Crest Cove, Suite B Altamonte Springs, FL 32701 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 19th day of March, 1999, by _BOB L. ROBINSON, the President of CHELSEA PARC Inc., the Sole General Partner of CHELSEA PARC AT TUSCA WiLLA, Ltd., a Florida limited partnership, 00 bebaIf of the ~/ ----...., ''';.':;..trt''" Scott D. Clark Signatur/ofNotary Public i:~i' ~\ MYCOMMISSIONICC615415 EXPIRES ~. r-fff} February 3. 2001 ~'J;~' .. '!i:-'" BONDED lHa\J TROY FAIN IHSURANCf. IHC. .1It..t:l [ .t] personally known [ ] produced identification type of identification produced Print Name of Notary Public Notary Public in and for the State and County aforesaid. My Commission Expires: 2 ~~ -f, # ~ ~ \f1 ~ qi .)/ . j "'" 3 J ;> d .J III d, UF Fle!/\ ~_ t< r_~, UKU::' aOOK DAG~ 3618 0077 SEMINOLE CO. FL SI'ACE K.:S.:KVEP .'OR IU;COKIlING JOINDER AND CONSENT TO DEDICATION The undersigned, CHELSEA P ARC AT TUSCA WILLA, LTD., a Florida limited partnership, hereby certifies that it is the holder of a mortgage on the real property described on Exhibit "A" attached hereto, said mortgage being recorded in Official Records Book 3488, Page 1969, Public Records of Seminole County, Florida, which real property constitutes a portion of the P~t of Fox Glen at Chelsea Pare, Tuseawilla Phase 2, said plat being recorded in Plat Book 55 , at Pag'(! 7 -39, Public Records of Seminole County, Florida, and the undersigned hereby joins in and consents to said Plat of Fox Glen at Chelsea Pare, Tuseawilla Phase 2, including, specifically, the dedication of the lands and plat for the uses and purposes therein expressed. IN WITNESS WHEREOF, CHELSEA PARC AT TUSCAWILLA, LTD." a Florida limited partnership, has caused these presents to be signed and attested to by the officers named below and its seal to be affixed hereto on m4'lGh 11b , 1999. Witnesses: CHELSEA P ARC AT TUSCA WILLA, LTD., a Florida limited partnership By: Pri F:\USER\GlNGER\WHITEMAR.HOM\CHELSEAIPLA l\lOINDER.MTGEE.WPD [ 332()'8] 990315 (10:05:20) B. , ...... ';.~.... ,,.,,,,,...:. 'J.<'.tt..::: ~ C\ '= ~~: ~ ~ , ." c.....~ ~. :. ~:--.. . :: 1',.. <c: ~~ .,\' J" .......... " "" ,,' '::ICIA~ t~EC,OROS DuOK ?AG~ SEMINOLE CO. FL SPACE RESERVED FOR RECORDING ST ATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me on Y't.~ l ~I ' 1999, by Bob L. Robinson, as President of Chelsea Pare, Inc., a Florida corporation, General Partner of CHELSEA PARC AT TUSCA WILLA, L TO., a Florida limited partnership, on its behalf. He V is personally known to me; or o has produced ~\Q (Js1 ~ty'ity~( ) "---Pnnte name: Lo..u.f(L r~ rt OlP/-uYJ Notary Public-State of Florida at Large Commission number: Cc.... lI<t; C)gq~ My Commission expires: ~.- -3. 9 C? as identification. ..vo' rll LAURA A HAMPTON ..0" n~"" MyCommlnlon ~1I JtI* Exp;r-Aug.03.1ggQ '1tt EIond8d by HAl ':":" ~., &00-422-1l555 ',~. Of nff- ... F:IUSERIGlNGERIWHITEMAR.HOMlCHELSEAIPLA 1\lOlNDER.MTGEE. WPD [ 3320-8] 99031S (10:OS:20) 2 '" r .,/ ;J ~ ~ \fl ~ ) .j ..- '3 '5 ) rJ, J c)J Cf- 3618 0079 SEMINOLE. CO. FL SPACE RESERVED FOR RECORDING WITHDRAWAL OF PROPERTY THIS WITHDRAWAL OF PROPERTY is made on fflA~ \ "8 , 1999, by CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited partnership (the "Developer"), for the purpose of withdrawing certain property from the effect of the Declaration of Conditions, Covenants, Easements and Restrictions for Chelsea Parc at Tuscawilla recorded at Official Records Book 2567, Page 1280, as amended at Oflicial Rccords Book 2636, Pagc 573 and at Official Rccords Book 2984, Page 120, all of the Public Records of Seminole County, Florida (hereinafter, the "Declaration"). Withdrawal of Future Development Land. The Plat of Fox Glen at Chelsea Parc as recorded in Plat Book 49, Page 78, Public Records of Seminole County, Florida (the "Fox Glen Plat"), contains a "Declaration Regarding Tract A" regarding a portion of Tract A which was described in tht€~~I~Cion of /J~P; Conditions, Covenants, Easements and Restric~s of Braewick of Tuscawilla dated . ~, 1987, recorded in Official Records Bo01<l82.2., Pagi ~Public Records of Seminole County, Florida (the "Braewick Declaration") The property referred to as Tract A of the Braewick Declaration is contained on the Fox Glen Plat but does not include all of Tract A shown on the Fox Glen Plat. The Declaration concerning Tract A was intended to make reference to that part of the Tract A on the Fox Glen Plat which was also contained within the plat referred to in the Braewick Declaration, and which contained commonly used clubhouse facilities. A portion of the Tract A shown on the Fox Glen Plat as described in-the attached Exhibit "A" (the "Future Development Land") was intended for future development of lots and does not constitute a portion of the Tract A previously referenced in the Braewick Declaration which was the subject of the "Declaration Regarding Tract A" shown on the Fox Glen plat. That portion of Tract A is in the process of being replatted as Fox Glen at Chelsea Parc Phase II, consisting of an additional 41 single-family building lots. To the extent that "Declaration Regarding Tract A" might be misconstrued to include the Future Development Land, Developer desires by this instrument to withdraw said property from the Declaration Concerning Tract A and to clarify that, to the extent it may be deemed by any party to be included in the Tract A referenced in the "Declaration Regarding Tract A." said inclusion was erroneous and not intended by the Developer. The Developer further declares that any reference to said Tract A which made mention F:IUSERIGINGERIWHITEMAR.HOMlCHELSEAIT AKEOOWN.NSIDISPUTEISUPPLEMENT AL.DCR. WPD [ 3320-8) 990301 (14:02:44) ,Ire leI A. ~ ;~.E C.OROS IJ JrI YAlJ.... 3618 0080 SEMINOLE. CO. FL SPACE RESERVED FOR RECORDING of reserved rights for drainage does not apply to the Exhibit "A" Property, and that said property is not necessary to be reserved for the effective drainage of the Project. In accordance with Article IX, Section 7 of the Declaration, the Developer hereby withdraws and removes the use designation of that certain portion ofland described in Exhibit "A" as common property or as a Drainage Easement on the Plat of Fox Glen, Phase I, Chelsea Parc at Tuscawilla at Official Records Plat Book 49, Page 78, all in the Public Records of Seminole County, Florida. The Chelsea Parc at Tuscawilla Homeowners Association hereby joins in the terms of this Supplemental Declaration to confirm the withdrawal of property set forth above and does by its joinder hereby remise, release and quitclaim forever unto Whitemark at Fox Glen, Ltd., as successor in interest to the Developer, any right, title or interest it may have or ever be deemed to have had in the property described in Exhibit "A". Witnesses: CHELSEA P ARC AT TUSCA WILLA, LTD., a Florida limited partnership By: By: \' \, \\1 !Ill j J I', ,\\\ II, ,\\ r- 1'1 .$: ,\':..:' "'10,,. ";........ .::::- . ~., ....... ".~ '..... 2- f"'..~}"'..~' f....-<J -.. .. ~ ::.~.. ~~. )-...., ~ '. ./:.: =:~i ~. ~ )-'~ ..tl: f".:: :: : ~"). ""-< ....; ,-;-.:: o ...{ ~ c~ II ~ 1:,>,: (..; ~ , . \.. f C...; ./ l;::,:..... ,'<I' ". ...........'.......... . ..~...... "'''''',.;~ J . "-:,,, 1/11111'1 II tit It \\\\\'\ "",'"'' H.t,., " I, .~ CHELSEA P ARC A T -7.fUS~\\W.~LL.(/#\ HOMEOWNERS' ASSOCIAT{()N, IOC. .... .... .... ... 'Ij j{'?' ~,.... '~" .... \ I r/\ ~ . ...... ".. '"...~, ;-" : -: , . & By: ~ '..,- V ~ /'--/. ~'!: ~".-~,~.,:~;,~: ; C'.... . " ~ - 1 -.... .....1'. '-. . .'\, "'''' .-vo. _______-..., Presiaent -. .(.". .J'.'" : .'., "f'" Address: I 5d 0 8 fl-A ~"w{c\~~ . \~ ~ .:'.' , L ~e>'N~ WI'wJr;A .[p,~-l,;;~""~,~,~,"1270.: I . , . . it). \ ~ \ F:IUSERIGINGERIWHITEMAR.HOMlCHELSEAIT AKEDOWN.MSIDISPUTE\SUPPLEMENT AL.OCR. WPD [ 3320-8 I 990301 (14:02:44) 1. F " B{ 3618 008\ SEMIHOLE co. FL SPACE RESERVED FOR RECORl>ING STATE OF FLORIDA COUNTY OF r-' . ( Y-AIJ) The foregoing instrument was acknowledged before me on _B-+h ~\a.. (CJI, 1999, by Bob L. Robinson, as President of Chelsea Pare, Inc., a Florida corporation, General Partner of CHELSEA PARC AT TUSCA WILLA, LTD., a Florida limited partnership, on its behalf. He J( o is personally known to me, or has produced as identification. \~Vta n Q1T< yLH) Printed name: l Q u,n.l f-:). H(l, vV' ptuY, Notary Public - State of Florida at Lar~e Commission Number: CG L\.~::mg My Commission expires: g.- 3-qq ..w.' 1'" LAUF4A A HAMPTON ......~-~ .. 1....X ~ My ea...........",. CC48bW'iHI *U* E",*,- Aug. 03. 1Q1;K1 Bon.ied by HAl ":;..), ~.. 1VX'4r.>-161\5 f Of fl'll'l' STATE OF FLORIDA COUNTY OF \ ~ The foregoing instrument was acknowledged before me on I ~+h Y\'oXen, 1999, by '0.e-\-{\~u.J D "'\-\1 \ \ e. r , as President of CHELSEA PARC AT TUSCA WILLA, HOMEOWNERS' ASSOCIATION, INC. a Florida nonprofit corporation, on its behalf. He /- , ~ is personally known to me, or has produced as identification. 1'-' rll I.AURA A HAMPTON ('.",>..~ #('<, MyCommlnlon~ "....WI.'L., * E",*,-Aug.03.1GQ9 ... IJ;~ . Bon-.io>d by HAl '':" . '\ ' . ,(>.. &00-422-11l65 ., ~p t.~ F:IUSERIG/NGERIWHlTEMAR,HOM\CHELSEAIT AKEDOWN,N5IDISPUTEISUPPLEMENJ' AL.DCR,WPD [ 3320-8] 990301 (14:02:44) j _ri)/ rS J:V __ ~/ -- ii $/ ....'" /7 ~y At?/ #~ ~/ 0 5'. ~:~' 1~O s' ~~.. .- ", -;..., // "'6 ...~ .Jt ~-o ... . ~ ~~ \ ~ .... Q~ ~'" ~ - 0 ..~~ (Xl W ... -l <t - () 0 (/)1 rJ 0 ... \0 U ..... - II I (L C) . 'J) ... <t 0 ~ L:l (') -0 )FFIC!A~ REC:OR ~ dOOK PA G::. 3618 0082 SEMINOLE. CO. FL ~~! . , : t t ~ ~. W~~ ~"~. i. li~i 'i ~~9 ' ~~ hiu. UU 11,1'1,1,1 ~h~~hh~ '" '. ; i i ! ~!AI!li U:~I iMi 11,111"11 J. &- ~: ~ l=' :....~"r- ~ :~~C\'J ~ ~:~~'O ~"':.~d I - ") 's:,,~ .g:::;'~ O':l "- ~: 0 0 OJ ~~.~r;: ~O:"'oi:'-. ~~..::!~o ~ o.!!~ ~'\!; ~ ~ -t ~ ~ "\ \ ,. ... \. ~ ~ ~ ~ '.0> o~~_a:~H. '0 \>" u~ -:.~ ~~ \'"1- ,;) ~ ~ ~ ~. 0- ,,) \),. ? 't- -.:> 'V-- 1 ;.~OS> '1:<11" 't~;i ~"".,..I a-ti.... c~Q... -It .... ~ro " ()'Q '-,.,r, cr 0'= """'I -' r+ ~'< -' C ~ ::J o (f) -+. Ol -' r+ 3 b.U;' _or.. -+. ::J"0l . (]Q. ~ o , '-.::: .~ ~ ',. , -.... ---- '-' ---- , , --- ---- 'to '~ . " ~-- - ---,:: ',/.J ~ .-- '0 -- %:.... ~ ~ ,'> ..t~ ..- <. \ ---- ';1 ,'> ~ '" .;,>~.t ~ 'a ri52;;~;;/" _ ,8S'o~a --, s.:~~1'\ .LS-/T.I-t: N K:'-"O'< Be :JJ 1 "fl"J ~,- ,."''''''! ~I'" ... . , IHlis Instrument Was Prepared BYl RUSSELO W. DIVINE ~na Should Be Returned Tal WAlU.ICK. FASSETf. DIVINE !( l\NTHONY. P.A. Rast OlliCll Box 338Z Drlanao. Florida 32802. ,3387. l ( i',) (/) :jl /'1 .::n t DECLARATION OF CONDITIONS, COVENANTS EASEMENTS AND RESTRICTIONS :.::: C) r-- rq /.) C) .'rJ r,.) r OJ C) / / j//<jt! FOR CHELSEA PARC AT TUSCAWILLA THIS DECLARATION is made this 3o~ day of ~~~ , 1993, by Chelsea Parc at Tuscawilla, Ltd., a Florida limited partnership (the "Developer"), which declares hereby that "rrhe Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. This Declaration shall superceed and replace that certain Declaration of Conditions, Covenants, Easements and Restrictions recorded at Official Records Book 1848, Page 1777, and amended at Official Records Book 1848, Page 1813 and at Official Records Book 1896, Page 1192 and at Official Records Book 2159, Page 1270, all in the Public Records of Seminole County, Florida (collectively the "Original Declaration"). This new Declaration is executed by the Developer alone pursuant to the authority granted in Article IX, Section 5 of the, Original Declaration and pursuant to Assignments of Developer's Rights recorded at Official Records Book 2159, Page 1270, and Official Records Book 2441, Page Ill, Public Records of Seminole County, Florida. ARTICLE I DEFINITIONS The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Assessment" means and refers to a share of the funds required for payment of the expenses of the Association, which funds shall be assessed against a Lot Owner from time to time. (b) "Association" means and refers to CHELSEA PARC AT TUSCAWILLA HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, which is to be incorporated. (c) "Common Areas" means and refers to the property as shown on the Plat less the Lots, plus all property designated as Co~non Areas in any future recorded supplemental declaration; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, open space, masonry walls, walkways, entrances markers, signs, sprinkler systems and street lights, if any, but excluding any public utility installations thereon. (d) "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restrictions for Chelsea Parc SE.-713It-v/~ .}) rll-o.,v! :<.:i) '";. EC /f5 /3 ~ {~ ( (.,~ fZ- ~ /<- .2..0 ;, tj)~ B ,. fq C) I-_-)-q ...).} --I -~" (') I - :-:J rq C) -nc) :';, ;(J I.'}C:') ,1IU) ..r-- c:::> (J...) c::> CD co , .' ( ,'. "i;.\ - t ,I' , :; :f 7 ~c;.~ .. Pl{-, C)~: ' 0(',' ~.::~.-. ' ':"t ... j . :< ~-) (. -n;::.:: I r " _. -j m :u U.') PI L,~ C) :>:>- C) -'"J ..{1 ;;0 r: ) 'T'I I C) -.. i-..; '""\"J ~:.c I' Iy -- t..Jl i' (,11 " iI at Tuscawilla as recorded in the Public Records of SEMINOLE County, Florida, and as the same may be amended from time to time. f ,) (/} r-., (e) "Developer" means and refers to CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited partnership, its successors arid such of its assigns as to which the rights of Developer hereund~ are specifically assigned by written instrument recorded in t~ Public Records of SEMINOLE County, Florida. Developer may assig~ only a portion of its rights hereunder, or all or a portion of sucm rights in connection with appropriate portions of The properties~ In the event of such a partial assignment of its rights, the assignee shall not be deemed the Developer, but may exercise such rights of Developer specifically assigned to it. Any such assignment may be made on a non-exclusive basis. A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Developer by the mere act of purchase or mortgage of a Lot. :~.i1 0'\ -.J ':'1 C) , .) -,', ) " "C) '''' I -- : J rq C) -'''00 : ,- ;::rJ CJC) ! "iU) rJ CO (f) "Institutional Lender" or "Institutional Mortgagee" means and refers to a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust, or any other generally recognized institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), or any agency of the united States Governlnent or any lender providing funds to the Developer for the purpose of constructing improvements upon the Properties (and such lender's successors and assigns) or any other lender approved by the Association Board of Directors as an "Institutional Lender" or "Institutional Mortgagee." (i) "Lot" means and refers to any Lot on any recorded plat or replat of portions of The Properties, which plats are designated by the Developer hereby to be subject to these covenants and restrictions. (j) "Old Lot" means and refers to Lots 1-4 in Block A, Lots 1-6 in Block B, Lots 1-6 in Block C, Lots 1-4 in Block H, Lots 1-4 in Block I, Lots 1-4 in Block L, Lots 1-4 in Block M, Lots 1-6 in Block 0 and Lots 1-9 in Block P, as shown on the plat of Braewick of Tuscawilla - Phase I recorded at Plat Book 37, Pages 53 and 54, Public Records of Seminole County, Florida. (k) "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof. Lot. (1) "New Lot" means and refers to any Lot that is not an Old (m) "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties. 2 ~ (n) "Plat" means and refers to the plat of Chelsea Parc at Tuscawilla - Phase I, as recorded in Plat Book 45, Pages 82 and 83, Public Records of SEMINOLE County, Florida, together with any plat of additional land made subject to this Declaration and to the jurisdiction of the Association. m r"l (0) "The Properties" means and refers to all such existiIig properties as described in Article II, section 1 of tht~ Declaration, and additions thereto, as are now or hereafter mad"S subject to this Declaration and to the jurisdiction of t~ Association, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. ? (p) "Residence" means and refers to any residential building constructed on a Lot. r,.) U" 1,-.:;,"\ '.'J C) '..)-''1 '...:' -, 1 .,.'.-- ,.....c'J --.J ., 1- :J r '\ c> "1 (:1 > ;;.v C)c> i l'j tl> 1"'0 C) r'v ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO Section 1. Leqal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of BRAEWICK OF TUSCAWILLA - PHASE I, according to the plat thereof, as recorded in Plat Book 37, Pages 53 and 54, of the Public Records of SEMINOLE County, Florida. All of CHELSEA PARC AT TUSCAWILLA - PHASE I, according to the plat thereof, as recorded in Plat Book 45, Pages 82 and 83, of the Public Records of SEMINOLE County, Florida. all of which real property, and all additions thereto, is herein referred to collectively as "The Properties". To the extent all or any portion thereof is not owned by the Developer, the respective Owners thereof shall have joined in this Declaration for the purpose of subjecting that portion of The properties owned by each of them to this Declaration. section 2. Supplements. Developer may from time to time (but shall have no obligation) bring other land under the provisions hereof by recorded supplemental declarations (which shall not require the consent of then existing Owners or the Association, or any mortgagee, except in the case of property not then owned by the Developer but proposed to be added to The Properties, in which case the Owner thereof shall join in the applicable supplemental declaration) and thereby add to The Properties. To the extent that additional real property shall be made a part of The Properties as a common scheme, reference herein to The Properties should be 3 deemed to be a reference to all of such additional property where such reference is intended to include property other than that \-',) legally described above. ~_11 U) r"l 1:)\ -." -:.. ---.1 ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION "'-)0 '_.1," , 1-'-' .'.......-J ..'- Lw) r- Section 1. Membership'. Every person or entity who is a reco~d Owner of a fee or undivided fee interest in any Lot shall be ~ Member of the Association. Notwithstanding anything else to th~ ~ contrary set forth in this Section 1, any such person or entity whO C~ holds such interest merely as security for the performance of an ~ obligation shall not be a Member of the Association. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of said Lot. The record title holder to each Lot shall automatically become a Men~er of the Association and shall be assured of all rights and privileges thereof upon presentation of a photostatic ally or otherwise reproduced copy of said Owner's deed to the Association Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new Lot Owner. :' ,,~ ,-- , ,., _'J r"1 C) .U ,;:-:) -.~o CIC) ,'IU) Section 2. Votinq Riqhts. The Association shall have two (2) classes of voting membership: w Class A. Class A Members shall be all those Owners as defined in Section 1 with the exception of the Developer (as long as the Class B Membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it would otherwise qualify). Except as provided below, Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the single vote for such Lot shall be exercised only by one person who is entitled to vote for said Lot based on a written certificate signed by all owners of the Lot and filed with the Association. In no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Developer. The Class B member shall be entitled to one (1) vote, plus two (2) votes for each vote entitled to be cast in the aggregate at any time and from time to time by the Class A Members. The Class B membership shall cease and terminate: 1) at such time as 75% of all Lots to be ultimately subject to Association membership within The Properties have been sold and conveyed by the Developer; or 2) December 31, 1997; or 3) sooner at the election of 4 the Developer, whichever event shall first occur, whereupon the Class A Members shall be obligated to elect the Board and assume control of the Association. Upon termination of the Class B membership as provided f~ herein, the Class B membership shall convert to Class ~ membership with voting strength as set forth above fa~ Class A membership. C) r P1 Section 3. General Matters. When reference is made herein, OD in the Articles, By-Laws, Rules and Regulations, managemen~ contracts or otherwise, to a majority or specific percentage qE Members, such reference shall be deemed to be reference to 'a majority or specific percentage of the votes per lot and not of the Members themselves. r~.) Ul !nc) Q") :-::,-Tl ,) " --J .........0 "- "'- ," :...1 (-'-1 C) rv -;lC) :>::0 CO "Ie) .J.,.- i"'lV) ARTICLE IV PROPERTY RIGHTS IN THE COMMON AREAS: OTHER EASEMENTS Section 1. Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Areas for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following: (a) The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Areas and facilities in compliance with the provisions of" this Declaration and with the restrictions on the Plats of portions of The Properties from time to time recorded. (b) The right of the Association to suspend the Owner's (and his permitees') voting rights and right to use the recreational facilities (if any) for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations. (c) The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Areas and all facilities at any time situated thereon. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration. l (d) The right to the use and enjoyment of the Common Areas and facilities thereon shall extend to all permitted user's ilnmediate family who reside with him, subject to regulation front 5 time to time by the Association in its lawfully adopted and published rules and regulations. Section 2. Easements Appurtenant. The easements provided in Section 1 shall be appurtenant to and shall pass with the title ta~ each Lot. ~ Section 3. Maintenance. The Association shall at all time~ maintain in good repair and manage, operate and insure, and shal~l replace as often as necessary, the Common Areas and alg improvements thereto, if any, all such work to be done as ordered by the Board of Directors of the Association. The Associatio? shall also maintain in good repair, and replace as often as necessary such portion of the Lots and the improvements thereon as is required herein. Maintenance of the aforesaid lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. without limiting the generality of the foregoing, the Association shall assume all of Developer's responsibility to Seminole County or the City of winter Springs of any kind with respect to the Common Areas and shall indemnify and hold the Developer harmless with respect thereto. As hereinafter provided, the Association may at its option, maintain repaint, and repair other portions of the Lots and improvements constructed thereon, in the manner hereinafter contemplated, and easements over such Lots are hereby reserved in favor of the Association and its designees to effect such maintenance, painting, and repair. Except as may otherwise be provided herein, each Owner shall be responsible, however, for the maintenance, replacements, and repair of all paving, structures and improvements located on his Lot. All work pursuant to this section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Areas or Lots or abandonment of the right to use the Common Areas. Section 4. Utility Easements. The Association shall have the right to grant permits, licenses, and easements over the Common Areas for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of The properties. Use of the Common Areas for utilities, as well as use of the other utility easements as shown on relevant plats, shall be in accordance with the applicable provisions of this Declaration. Perpetual, nonexclusive easements are reserved across the Common Areas to the Developer and/or the Association, or such utility, security, and cable television companies to which the Developer or Association may convey easement rights, for and on behalf of the Developer, the Association, and the grantee utility companies, as may be required for the entrance upon, construction, connection to, 6 ~l.: ,',) en en -..J - . C-) roc> \ Cj-'l I -'-,., ).. r- rv c:; Ul ;':J ''I \) ~_f)O ..-";,.u l.JCJ I'IV) 'i disconnection from, replacement of, maintenance, and operation of utility services, surface and storm water management and drainage facilities, cable television system, security, and such other equipment as may be required to adequately serve the Properties, any other lands subject to ownership by the Association or the Developer, it being expressly agreed that the Developer and any q~ its successors or assigns, the Association, utility companies aqg any other person benefitted hereby making the entry shall resto~~ the property as nearly as practicable to the condition whia:h existed prior to commencement of construction of such utility 9.? storm water management and drainage facilities. An easement 1:.5 reserved over, under, and across each of the Lots for the placeme~ and operation of electric utility meters and lines connected to tbe meters serving any and all Lots within the Block upon which said Lot is located, all of which Lots and Blocks are depicted upon the Plat. In addition, easements are reserved to the Association and the Developer, and may be created from time to time by the Developer during any period that the Developer shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be required from time to time to serve any of the Lots and/or any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement conveyed by the Developer, the joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required. Section 5. Public Easements. Fire, police, health and sanitation, park maintenance and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas. Section 6. Ownership. As shown on the Plat, the Common Areas are hereby dedicated free and clear of all liens, non-exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of The Properties to such Owners' tenants, guests and invitees. Notwithstanding anything to the contrary contained in this Declaration, the Association shall have the right but not the obligation to assign parking spaces and change parking space assignments. If parking spaces are assigned, there shall be a minimum of one parking space assigned per Lot. The Common Areas (or appropriate portions thereof) shall, upon the later of completion of the improvements thereon or the date when the last Lot within The Properties has been conveyed to a purchaser (or at any time and from time to time sooner at the sole election of the Developer), be conveyed to the Association, which shall accept such conveyance. The Association is hereby granted an easement over and across all Lots for access of personnel and equipment to maintain, repair, renovate or construct improvements upon, or achieve the objectives of Article IV, Section 3 hereof, upon all parts and parcels of the Common Areas. Beginning from the date these covenants are recorded, the 7 ,---- i ',J CII Gl -.J rqa C) ." I ~) -.., ~."'t~ r'0 co en )~ 1-- :;) rq C) -~) CJ .;.-~ ;.v ,;)CJ I "It/) Association shall be responsible for the maintenance of such Common Areas (whether or not then conveyed or to be conveyed to the Association) and for the maintenance of such portion of the Lots as is provided herein. The Association shall be responsible for the payment of any taxes assessed against the COInmon Areas, includi?g taxes on any improvements and any personal property locat~g thereon, which taxes accrue from and after the date these covenan;~ are recorded. Developer shall have the right from time to time ~9 enter upon the Common Areas and other portions of The Properti~~ for the purpose of construction, reconstruction, repair, connecti~~ to, disconnection from, replacement and/or alteration of any improvements or facilities on the Common Areas or elsewhere on Th~ Properties that Developer elects to effect, and to use the Commbn Areas and other portions of The Properties without charge for sales, displays and signs or for any other purpose during the period of construction and sale of any portion of The Properties. I'J Ul ,:n -.J ":.)C> ",:) -"1 I )-'1 ...., C-) c"-' CO -.J :.:J Pl " "f] r) :>3iJ ;:")0 "'IU) i Section 7. Other Easements. The Association, its agents and employees shall have such perpetual easements over and across all Lots as may be reasonably necessary for it to fulfill its obligations hereunder. Easements are reserved over each Lot and the Common Areas in favor of each other Lot and the Common Areas in order to permit drainage and run-off from one Lot (and its improvements) to another or to the COInmon Areas or from the Common Areas to any Lot or Lots. There shall be reciprocal appurtenant easements of encroachment as between each Lot for the unwilling placement, shifting, or settling of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration), to a distance of not more than ten (10) feet, as measured from any point on the common boundary between adjacent Lots. ...----.., Section 8. Additional Easements. The Developer, during any period in which there are any unsold Lots on the Properties as now or hereafter defined, and thereafter the Association, each shall have the right to grant such additional electric, security, telephone, gas, cable television or other utility easements, and to relocate any existing easements in any portion of the Properties, and to grant access easements and relocate any existing access easements in any portion of the Properties, as the Developer or the Association shall deem necessary or desirable for the proper operation and maintenance of the Properties of, or for the general health or welfare of the Lot Owner, or for the purpose of carrying out any provisions of this Declaration; provided, that such easements or the relocation of existing easements will not prevent or unreasonably interfere with the use of the Lots for their intended purposes. The joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required in the event the Developer declares an additional easement pursuant to the provisions hereof. 8 Section 9. Party Walls. with respect to Old Lots on which Party Walls exist, the provisions of Exhibit "A" shall apply. ARTICLE V ASSOCIATION-COVENANT FOR MAINTENANCE ASSESSMENTS I C) r- Section 1. Creation of the Lien and Personal Obliqation of tfie Assessments. Except as provided elsewhere herein, the Develop~ (and each party joining in this Declaration or in any supplelnent~ declaration), for all Lots within The Properties, hereby covena~t and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Areas and the maintenance of Lot landscaping and Residence exteriors as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided elsewhere herein, Assessments for maintenance as provided in Section 4 hereof and all other charges and Assessments hereinafter referred to, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, special Assessments may be levied against particular Owners and Lots for expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with such 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 thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the Assessment fell due but shall not be a personal obligation of any subsequent Owner unless assumed by such subsequent Owner. Except as provided herein with respect to (i) Old and New Lots or (ii) special Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. Section 2. Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for maintenance, repair, renovation, and construction upon the Common Areas, for capital improvements and reserves and for promoting the aesthetics of the Properties and the health, safety, welfare and aesthetics of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein. 9 ; "<) (I') (Jl PI ':Jl :::, ',\-"0 '....::'-1) .) -." "'Cl --J r'V CO co r- :::~:J PI (J :-0 "::,, -" :.:u ,:'iCJ 1'\(/) In addition, with respect to Old Lots, the regular Assessments shall be used to pay the following expenses with respect to the Old Lots: U) i\\ (a) maintenance and fees for security system on each Old Lot~ ..,- . . C) i (b) maintenance of all landscaping on each Old Lot, ~nclud~na- loti the cost of irrigation ~ C) I' (c) trash and garbage collection ~l : ~J (d) maintenance and repair of exterior building surfaces of improvements on each Old Lot, including the painting of roof tiles as may reasonably be required from time to time, provided however, that the Association shall not be otherwise responsible for maintenance and repair of roofs and windows. ,'0 :.1} 'T\ ~--..J /".lC) ::.-,., . !-'1 -" (=) r-v co \.D l... /'- .},} r, , (""") :00 ;~. ;.I) C')O j'lv> with respect to New Lots, the regular Assessments shall be used to pay only for mowing and edging of sodded areas located between the front wall of the residence located on each New Lot and the roadways within the Properties. (a) Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Areas. The reserve fund shall be maintained from annual Assessments and shall be maintained in a separate account segregated from operating funds. (b) Uniformity. to all Old Lots and uniform assessments for Old Lots Assessments for New Lots. Regular Assessments shall be uniform as as to all New Lots. However, regular may be different frOll\ the regular (c) Working Capital. Upon the closing of the sale of a Lot, the buyer of such Lot shall pay to the Association an amount equal to two monthly assessments of the Association for such Lot, which amount shall be maintained in an account by the Association as working capital for the use and benefit of the Association. Said amount shall not be considered as advance payment of annual Assessments. 'I Section 3. Specific Damage. Owners (on their behalf and on behalf of their children and guests) causing damage to any portion of the Common Areas as a result of misuse, negligence, failure to maintain or otherwise shall be directly liable to the Association, and a special Assessment may be levied therefor against such Owner or Owners. Such special Assessments shall be subject to all of the provisions hereof relating to other Assessments, including, but not limited to, the lien and foreclosure procedures. 10 Section 4. Exterior Maintenance. The Association shall maintain and improve, as the Association may deem appropriate, all landscaping, masonry walls, and improvements as initially placed by the Developer on the Common Areas. In addition, the Association shall maintain the following items on each Old Lot: (I) Pl :r:: i'0 Ul r 01 ( ( -.J - - (a) security system (b) all landscaping, including irrigation roofs Cl ,- (1'1 () o -11 ['0 :s ,- \.D Cl o Pl (c) ( d) trash and garbage collection exterior building surfaces windows excluding and On New Lots, the Association shall mow and edge the sodded areas between the front wall of the residence on each New Lot and the roadways within the Properties. Section 5. Owner's Obligations. The Owner, except as contemplated specifically herein, shall maintain the structures and grounds not maintained by the Association on each Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner five (5) days' written notice sent to his last known address, or to the address of the subject premises, have that portion of the grass, weeds, shrubs and vegetation which the Owner is to maintain cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed from such Lot and other areas and replaced, and may have any portion of the Lot and other areas resodded or landscaped, and all expenses of the Association under this sentence shall be a lien and special Assessment charged against the Lot on which the work was done and shall be the personal obligation of all Owners of such Lot. If the Association has not elected to provide the exterior maintenance referred to above in this Section, then upon the Owner's failure to maintain the exterior of the Lot in good repair and appearance, the Association may, at its option, after giving the Owner thirty (30) days' written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of the work performed by the Association upon the Owner's failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute a special Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor in its sole discretion. ~ Section 6. Capital Improvements. Funds which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Common Areas under the 11 jurisdiction of the Association and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special Assessments only upon approval of a majority of the Board of Directors of the Association and upon approval by two-thirds (2/3) favorable vote of the Members~~ of the Association voting at a meeting or by ballot as may b~:i provided in the By-Laws of the Association. =~ c.:::., ,.-- Section 7. Date of Commencement of Annual Assessments: Duell Dates. The annual Assessments provided for in this Article shalg commence on the first day of the month next following the recordation of these covenants and shall be applicable throug.B) December 31 of such year. Each subsequent annual Assessment shail be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance in monthly installments, or in annual, semi- or quarter-annual installments if so determined by the Board of Directors of the Association. The Assessment amount (and applicable installments) may be changed at any time by said Board from that originally stipulated or from any other Assessment that is in the future adopted, provided that no assesslnent may increase by more than 15% over the previous year's assessment without the approval of at least two-thirds (2/3) of the Owners. The original Assessment for any year shall be levied for the calendar year (to be reconsidered and amended, if necessary, every six (6) months), but the amount of any revised Assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appropriate installments) remaining in such calendar year. The due date of any special Assessment shall be fixed in the Board resolution authorizing such assessment. Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association's jurisdiction for each assessment period, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall thereupon be sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. In the event no such notice of a change in the Assessments for a new Assessment period is given, the amount payable shall continue to be the same as the amount payable for the previous period, until changed in the manner provided for herein. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any Assessment to the Association therein stated to have been paid. 12 , "J CJl <::n --.J "'JO \ .~:) -'1 :':~:)~ .~ .l~... N \...0 ~ rq (-) -~) c.:;, '>.:0 . ~.') C) ,';"):/) , The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons~~ firms or corporations (including affiliates of the Developer) fof) management services. The Association shall have all other power~1 provided in its Articles of Incorporation and By-Laws. ~2 P-I Section 9. Effect of Non-Payment of Assessment: the personag Obligation: the Lien: Remedies of the Association. If th~ Assessments (or installments), whether general or special, are n~ paid on the date{s) when due (being the date{s) specified herein)', then such Assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property in the hands of the then Owner, his heirs, personal representatives, successors and assigns. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due. Such personal obligation of the then Owner to pay such Assessment shall not pass to his successors in title unless assumed by them. j'0 :'JI U) --.J n:lC) -=>""1l C! 2'! -'(J ~ .l_.~ j-- ::'J rq (J - d C..J ~,;.. ::1) " ") <:::l rq(/J f'V \..0 ('0 If any installment of an Assessment is not paid within fifteen ( 15) days after the due date, a late charge of the greater of $25.00 or 5% of the amount of su~h unpaid installment shall be imposed (provided that only one late charge may be imposed on any one unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges, provided further, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid) or the next 12 months' worth of installments may be accelerated and become immediately due and payable in full and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the Association may bring an action at law against the Owner{s) personally obligated to pay the same or may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' fees and costs of preparing and filing the claim of lien and the complaint, if any, in such action shall be added to the amount of such assessments, late charges and interest, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and reasonable attorneys' fee to be fixed by the court together with the costs of the action, and the Association shall be entitled to attorneys' fees in connection with any appeal of any such action. In the case of an acceleration of the next 12 months' worth of installments, each _ installment so accelerated shall be deemed, 13 w initially, equal to the amount of the then most current delinquent installment, provided that if any such installment so accelerated would have been greater in amount by reason of a subsequent increase in the applicable budget, the Owner of the Lot who~~ installments were so accelerated shall continue to be liable fcir the balance due by reason of such increase and special Assessmen~~ against such Lot shall be levied by the Association for suc(-l} purpose. n o Section 10. Subordination of the Lien. 'l'he lien of thEt assessments provided for in this Article shall be subordinate fa the lien of any first mortgage to any Institutional Lender and which is now or hereafter placed upon any property subject to Assessment; provided, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid Assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Section 11. Access at Reasonable Hours. For the purpose solely of performing the Lot and exterior Residence maintenance authorized by this Article, the Association, through its duly authorized agents or employees or independent contractors, shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any day to accomplish such work. Section 12. Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for as long as Developer is the Owner of any Lot, the Developer shall not be liable for Assessments against such Lot, provided that Developer funds any deficit in operating expenses (exclusive of reserves and management fees) of the Association. Developer may at any time and from time to time commence paying such Assessments as to Lots that it owns and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association, or at any time and from time to time elect again to fund deficits as aforesaid. When all Lots within The Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Association for the payment of Assessments or deficits. 14 i'v (Jl Cf) CO c> ,~;..... .' ~l -1 -'. (""") )-,~ r- -.J f'0 ~D LJ :::D rq n -lIe) ',', :.l> i. -) C) I'IV) ;-0 ..J !:J CJ1 Section 1. Applicability. The provisions of this Article V~~ G) shall be applicable to all of The Properties but shall not ~~ -J applicable to the Developer or property owned by the Developer. c~ r-- ~ Section 2. Land Use and Building Type. No Lot shall be us~~ except for residential purposes. No building constructed on a LQ~ shall be used except for residential purposes. No building sharL ~ be erected laced or . to remain .Q11~ L.ot. oth..e:r; - 1...0 t an one Residence. Temporary uses by Deve oper for model homes, ~ sales displays, parking lots, sales offices and other offices, or anyone or combination of such uses, shall be permitted until permanent cessation of such uses takes place. No changes may be made in buildings erected by the Developer (except if such changes are made by the Developer) without the consent of the Architectural Control Board as provided herein. ARTICLE VI CERTAIN RULES AND REGULATIONS ((IC) (~~ -fl C)-q :,.;;(=) :r:... 1-- ::0 (Tl o ,)0 >. :') L)L) '-'IU) Section 3. Openinq Blank Walls: Removinq Fences. No Owner shall make or permit any opening to be made in any Developer or Association erected blank wall, or masonry wall or fence, except as such opening is installed by Developer. No such building wall or masonry wall or fence shall be demolished or removed without the prior written consent of the Owner of the adjoining Lot, Developer and the Architectural Control Board. Developer shall have the right but not be obligated to assign all or any portion of its rights and privileges under this Section to the Association. I Section 4. Easements. Easements for installation, replacement, connection to, disconnection from, and maintenance of utilities are reserved as shown on the recorded Plats covering The Properties and as provide herein. wi thin these ease e J1Q. structur~ plantin~ or other material ma e aced or Det~itted r~ remain t at WLll ~ inter ere Wl.t or ,B.Levent -the maintenance of litilfti~s, unless ~aid structure" p~an.t~r other material h~ been so placed_ by the Developer... or has been Hn p 1 ij,ced bv the ~e..loper or 'J\ssociation.. or -4with the permis~CUl of the I Archl.te~turdl Control Board. 'l'his provision shall notbe construed to prohibit an Owner from installing any plant materials within such easement areas as long as such materials will not interfere or prevent maintenance of the utilities and provided that such materials may be removed and not replaced by any user of the easement. The area of each Lot covered by an easement and all improvements in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. Section 5. activity shall Nuisances. be carried No noxious, on upon The offensive or unlawful Properties, nor shall 15 anything be done thereon which may be or may become an annoyance or nuisance to other Owners. Section 6. Temporary Structures. No structure of a temporary character, or trailer, tent, mobile home, motor home, or recreational vehicle, shall be permitted on The Properties at a~M time or used at any time as a residence, either temporarily q~ permanently, except by the Developer during construction. No g~S tank, gas container or gas cylinder shall be permitted to be place~ on or about the outside of any Residence or on or about a1.X ancillary building. 0 -'1 Section 7. Signs. Except for signs appropriate to tl~-e Properties which display the street number of the Lot and name of the Owner or signs provided by security companies indicating that a Lot is protected by a security system, no sign of any kind shall be displayed to the public view on The Properties, except any sign used by the Developer to advertise the company during the construction and sales period. No sign of any kind shall be permitted to be placed inside a home or on the outside walls of the home or on any fences on The Properties, nor on the Common Areas, nor on dedicated areas, if any, nor on entryways or any vehicles within The Properties, except such as are placed by the Developer. The foregoing notwithstanding, Owners may place a standard "For Sale" sign in the front yard of any lot, provided such sign is of a standard size and appearance for the residential market in which the lots are located. Section 8. Oil and Mininq Operation. No oil drilling, oil developnlent operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in The Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in The Properties. No 'derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. " Section 9. Pets I Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that a reasonable number of household pets may be kept on a Loti provided they are not kept, bred or maintained for any commercial purpose, and provided that they do not become a nuisance or annoyance to any neighbor. No dogs or other pets shall be permitted to have excretions on any COntnlOn Areas, and Owners shall be responsible to clean-up any such improper excretions. For purposes hereof, the decision and opinion of the Association I s Board of Directors shall control. Section 10. Visibility at Intersections. No obstruction to visibility at street intersections or COntnlon Area intersections shall be permitted. 16 ,'v ':Jl G"\ --.../ ..~:)Cl C:"l .',~) -/1 ....... ~.; )> f'V \.D UI 7',J rq C) ":;10 ::..;;.... :;(, C)CJ (T,V) ./ Section 11. Architectural Control. No building, wal~, f~e, mail box or other structure or improvement ~of any nature ( ~ncluding j'0 e~ter~or paint or t"inu;;h, and Ole color ana l:YP~ of roo!: ,shingle) UI s all be erect~d, placed or altered on any Lot until e6e~ construction plans and specifications and a plan showina -cae_-.J location of the structure or of the mate. ials as ma be re' . ..--4 Arc' t r Control Board have been approve ~n writing ~'IY the rc ~ ectura Control Board named below and all necessw governmental permits are obtained. Each building wall, fence ~r -- other structure or improvement of any nature, shall be erect~, ~ placed or altered upon the premises only in accordance with ~ne uJ plans and specifications and plot plan so approved and applicable o~ governmental permits and requirements. Refusal of approval of plans, specifications and plot plans, or any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Board seem sufficient. Any change in the exterior appearance of any building, wall, fence or other structure or improvements, shall be deemed an alteration requiring approval. The Architectural Control Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this paragraph. The Architectural Control Board shall be composed of four Owners and one member of the Board of Directors, all appointed by majority vote of the Board of Directors. In the event any party governed by this Declaration is not satisfied with any decision of the Architectural Control Board, such party may send a written notice of appeal to the Board of Directors asking the Board to review the decision of the Architectural Control Board and stating specific reasons for said party's dissatisfaction with the Architectural Control Board decision. Such notice must be received by the Board within ten (10) days after the date on which the Architectural Control Board made the decision in question and the Board shall review the decision at its next regular meeting. Notice of such meeting shall be sent to all Owners at least ten (10) days prior to the meeting and such notice shall state that the decision is to be reviewed and shall include a copy of the decision and the notice of appeal. In reviewing any decision of the Architectural Control Board, the Board of Directors shall allow all Owners and their representatives to attend such meeting and address the Board concerning the decision under review. The decision of The Board of Directors shall be final. 1))0 c. j .." ;~_J-q -'CJ ):~ r'- :;;:J ["TI ,) :u ~:J ..'~ ,U '~;-)CJ f"lV'j The address of said Board shall be the address of the Association's registered agent. A majority of the Board of Directors may designate a representative to act for the Board and may employ personnel and consultants to act for it. The members of the Board shall not be entitled to any compensation for services performed pursuant to this covenant. The Architectural Control Board shall act on submissions to it, or request further information thereon, within thirty (30) days after receipt of the /I 17 , same (and all further documentation required) or else the request shall be deemed approved. Members of the Board shall be appointed by the Board of Directors of the Association as a conunittr/')e thereof. without limiting the generality of Section 1 hereof, t~ foregoing provisions shall not be applicable to the Developer or ~ construction activities cond~cted by the Developer. c) 1-- . . 1;"1 Section 12. Exterior Appearances. The pa1nt, coat1ng, sta~p and other exterior finishing colors on all residential buildinas may be maintained as that originally installed, without prior approval of the Architectural Control Board, but prior approval by the Architectural Control Board shall be necessary before any such exterior finishing color is changed. i"v CJl 0\ --.I ,uC) :::~) -"-1 ",J') "'C) /- ::-u frl " -'uo :," -- ;:J C)CJ I'IU) rv 1...0 --.I Section 13. Commercial Trucks, Trailers, Campers and Boats. No trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other description, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on The Properties, nor in dedicated areas, where they are visible from any roadway or from any Lot. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-up and delivery and other commercial services, nor to vans for personal use which are in acceptable condition in the sole opinion of the Board (which favorable opinion may be changed at any time), rior to any vehicles of the Developer. No on-street parking shall be permitted. Section 14. Garbaqe and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the applicable goverrunental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Such containers may not be placed out for collection sooner than 24 hours prior to scheduled collection and must be removed within 12 hours of collection. Section 15.~Fences} No fence, wall or other structure shall be erected in the front yard, back yard, or side yard setback areas, except as originally installed by Developer or except as approved by the Architectural Control Board as above provided. Section 16. No Drving. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of The Properties without the prior consent of the Board of Directors. Section 17. Unit Air Conditioners and Reflective Materials. No air conditioning units may be mounted through windows or walls. No building shall have any aluminum foil placed in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, nor may any 18 if awnings or canopies be installed, except such as may be approved by the Architectural Control Board for energy conservation purposes. i~ (I) Ul Section 18. Exterior Antennas. No exterior antennas shallr~ea, permitted on any Lot or improvement thereon, except that Develop'~r-~ shall have the right to install and maintain community anten~a, microwave antenna, dishes, satellite antenna and radio, televisron and security lines. g - r~ Section 19. ~hain Link Fence~. No chain link fences shall ~e UJ permi tted on any Lot or portio thereof, unless installed' by cr..> Developer during construction periods. Section 20.(swing Sets and Playhouses) If a swing set or playhouse or sim~r structure is placed orl any Lot so that such structure is visible from the Tuscawilla Golf Course, then the Owner of such Lot shall be required to install a hedge at least four feet in height to screen such structure from view from the golf course. Such hedges shall be of a material and density approved by the Association. '~n (-::) ::J " ':') " ........0 :-v /- :-:0 fTl () :T) C:) .;:...- :~J J7)CJ ,'qu) Section 21. Leases. No portion of a Lot and Residence (other than an entire Lot and Residence) may be rented without the written consent of the Association. Leases for a term less than twelve months are prohibited. Each Owner wishing to lease his Lot and Residence must give prior written notice to the Association of such fact and the names and addresses (and such other information required from time to time by the Association) of the occupants under such lease. The Association has the right (but not the obligation) to promulgate standard provisions to be included in all lease forms, in which case all leases must include such standard provisions or be deemed to include same. Furthermore, the Association reserves the right to reject for reasonable cause any proposed lease of a Lot and Residence, and if so rejected, no such lease shall be permitted. The Association may enforce this Section by bringing an action in any court of competent jurisdiction to evict any tenant who has not been approved hereunder and may recover all its costs and attorneys fees for any such action from the Owner of the Lot in questions and the Tenant, jointly and severally. Section 22. Additional Rules and Regulations. The Association may promulgate rules and regulations governing the Properties and Members and may enforce same in accordance with the terms of this Declaration. ARTICLE VII RESALE RESTRICTIONS No Owner may sell or convey his interest in a Lot unless all sums due the Association shall be paid in full and an estoppel certificate in recordable form to such effect shall have been 19 received by the Owner. If all such sums shall have been paid, the Association shall deliver such certificate within ten (10) days of 1'0 a written request therefor. The Owner requesting the certificateL:J1 shall pay to the Association a reasonable sum to cover the costs ~t ,0- examining records and preparing the certificate. :( ~ 1,0 C) .:_:)-q ,-:) ""ll - '.~ z:; C) f" rr\ <""'I o Section 1. Compliance by Owners. Every Owner shall com~lv with the restrictions and covenants set forth herein and any ana all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. ARTICLE VIII ENFORCEMENT :;- r-- rv \.D I..D :-:-u "1 ,) .UC) ::~:.:.u r:le) i'lUl Section 2. Enforcement. Failure of an Owner to comply with such restrictions, covenants or rules and regulations shall be grounds for immediate action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The Association shall have the right to suspend voting rights and use of Common Areas (except for legal access) of defaulting Owners. The offending Lot Owner shall be responsible for all costs of enforcement including attorneys' fees actually incurred and court costs. ~ ARTICLE IX GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind The Properties, and shall inure to the benefit of and be enforceable by the Developer, the Association, the Architectural Control Board and the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of all the Lots subject hereto has been recorded, agreeing to revoke said covenants and restrictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Section 2. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. 20 Section 3. Enforcement. Enforcement of these covenants and restrictions may be by any Lot Owner, the Association, the,) Association Board of Directors, the Architectural Control Board or ~~1 the City of winter Springs, Florida and may be accomplished by ~&y .~~ proceeding at law or in equity against any person or persOifs-.J violating or attempting to violate any covenant or restrictiq~, either to restrain a violation or to recover damages, and agaiq~t the Lots to enforce any lien created by these covenants; ~d failure to enforce any covenant or restriction herein contai~- shall in no event be deemed a waiver of the right to do ~ ~ thereafter. The City of Winter Springs, Florida shall not !De C) obligated or bound by any of the covenants herein or be liable to CJ or for any person or persons under the covenants herein. 1.;)0 ,':::>-01 1:'..)-'-' ("-- .- 'c-) ~-~ f-- Al r"ll (J -00 ::;.:.~ ;:,J C) C) P1(J) Section 4. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or application in other circumstances, all of which shall remain in full force and effect. Section 5. Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the covenants, restrictions, easements, charges and liens of this Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by the Developer alone, for so long as it holds title to any Lot affected by this Declaration; or alternatively by approval at a meeting of Owners holding not less than 66 2/3% vote of the membership in the Association, provided, that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer's consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest. The foregoing may not be amended. w Section 6. effective upon Records. Effective Date. its recordation This Declaration shall become in the - Seminole County Public Section 7. withdrawal. Developer reserves the right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of The Properties then owned by the Developer or the Association from the provisions of this Declaration to the extent included originally in error or as a result of reasonable changes in the plans for The Properties desired to be affected by the Developer. Section 8. Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and By-Laws of the Association and the Articles shall take precedence over the By-Laws. 21 Section 9. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the , fact that at the time of creation there may be no grantee in being~.~ having the capacity to take and hold such easement, then any s4qh~) grant of easement deemed not to have been so created shifJ;l-..J nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose~f allowing the original party or parties to whom the easements w~re originally intended to have been granted the benefit of su2h- easement and the Owners designate hereby the Developer and ~e W Association (or either of them) as their lawful attorney-in-fact !to c) execute any instrument on such Owners' behalf as may hereafter be -- required or deemed necessary for the purpose of later creating such easement as it was intended to have been credited herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. ,.OCl ,:~) -" :~'_l '"'T'I --"....0 r- 7) rq C-) -oc,) :;.. ;;:.1 L)C) ""'1(,..1> Section 10. Covenants Running with The Land. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 1 HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION 4 HEREOF, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RES'I'RICTIONS TO SO RUN WITH THE LAND; BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. Section 11. Dissolution of Association. In the event of a permanent dissolution of the Association, all assets of the Association shall be conveyed to a non-profit organization with similar purposes. Failing the ability to find a non-profit organization to succeed to the Association within 90 days of dissolution of the Association, all Association assets may, upon approval of and at the sole option and in the sole discretion of the City of winter Springs, be dedicated to the city government of Winter Springs, Florida. Said successor non-profit organization or ~ governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep thereof. Anything to the contrary herein notwithstanding, this section may not be amended without the written consent of the City of Winter Springs, Florida. 22 . Section 12. Wetlands. with respect to any Wetlands I"..) Areas located on the properties, there shall be no constructian UI (including clearing), dredging or filling within any Wetland Area~~~. en In addition, the following activities shall be strictly prohibit~~ ~ within Wetlands Areas: F~ r'1 road~, other c....> -rl r CJ 1"-.) ~_uo c-..-q C)-q -"c) :~-:. a. Construction or placing of buildings, signs, billboards or other advertising, utilities, or structures on or above such areas. (- :u rrl n -'0 C) ~'::o '-,')C"J 1")(.fJ b. Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. c. other vegetation. d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. Removal or destruction of trees, shrubs, or land or water condition. e. Surface use except for purposes that permit the area to remain predominantly in its natural f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wild life habitat preservation. g. Acts or uses detrimental to such retention of land or water areas as a wetlands area. h. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of such wetlands areas to the extent they have any historical, architectural, archaeological, or cultural significance. The provisions of this Section 12 may be enforced by the St. Johns River Water Management District or its successors and the provisions of this Section 12 may not be amended or deleted without the written approval of the District. "Wetlands Areas" shall mean and refer to that portion of the Properties described in Exhibit "B" attached hereto. ARTICLE X INSURANCE AND LENDER'S NOTICES Section 1. Insurance an~ Fidelity Bonds. The Association shall obtain and maintain ln effect casualty and liability insurance and fidelity bond coverage as specified in the Federal 23 National Mortgage Association Lending Guide, Chapter Three';0 Insurance Requirements, as such shall be amended from time to tirp..J1. Ul rc \ C:T) section 2. Lender's Notices. Upon written request to i.~e~ Association, identifying the name and address of the hold~.t, insurer or guarantor and the lot number or address, any mortg~ge holder, insurer or guarantor shall be entitled to timely writ~n notice of: Co) - ~ (..,) (a) any condemnation or casualty loss that affe6t.s ~ either material portion of The properties or the Lots securing its mortgage; C1:) C) C:)-'l C:J -<1 ::;'~C) )> r- 7; rq n -oC> :';'- ;rJ C,CJ !"IU, (b) any sixty day delinquency in the payment of Assessments or charges owed by the Owner of any Lot on which it holds the mortgage; (c) any insurance Association; a lapse, cancellation, or material modification of policy or fidelity bond maintained by the (d) any proposed action that requires the consent of a specified percentage of mortgage holders. ARTICLE XI LIMITATIONS ON ASSOCIATION section 1. Limitations on Actions of Association. Unless at least two thirds of the first mortgagees of Lots (based on one vote for each first mortgage owned) or two thirds of the Lot Owners (based on one vote per lot) (other than the Class B Member) have given their prior written approval, the Association shall not be entitled to take any of the following actions: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Conunon Areas. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas by the members is not a transfer in the meaning of this clause. (b) Change the method of determining the obligations, Assessments or other charges that may be levied against Owner. (c) By act or omission, change, waiver, abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of units, the exterior maintenance of units, the maintenance of the Common Areas, walks, fences, and driveways, and the upkeep of lawns and plantings in The Properties. (d) Fail to maintain fire and extended coverage on insurable Common A~eas on a current replacement cost basis in an 24 (e) Use hazard insurance proceeds for losses to Common Areas for other than the repair, replacement reconstruction of the Common Areas. (0 currt9ptLJl c} en ::": .--J :!':: ~~ny fTpr (J o I()C) ':::;, - .'\ ,::')-'1 ',,<(':; amount of at least 100% of the insurable value (based on replacement costs). .J.'" ARTICLE XII PAYMENT OF CHARGES BY FIRST MORTGAGEES "'1'1 G.) :- C) -,-- First 1-- :0 r'l C) '0 C) J.:.-- ;..:; r;")cJ P, (,/1 Section 1. Pavment of Charges by First Mortqaqees. Mortgagees of Lots may: (a) Jointly or singly pay taxes or other charges that are in default and that mayor have become charges against any Common Areas; and (b) Pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Areas in the case of lapse of a policy. First Mortgagees making such payments are due immediate reimbursements from the Association. The Association shall duly execute an agreement reflecting such entitlement to reimbursement. ARTICLE XIII AGREEMENT FOR PROFESSIONAL MANAGEMENT section 1. Agreement for Professional Manaqement. Any agreement for Professional Management for 'l'he Properties or any other contract providing for services of the Developer may not exceed three years. Any such agreement must provide for termination by either party without cause and without payment of the termination fee on ninety days or less written notice. EXECUTED as of the date first above written. Delivered CHELSEA PARC AT TUSCAWILLA, LTD. a Florida limited partnership By Its General Partner BOLIN DEVELOPMENT, INC., By~~d7 Theodore A. Bo11n, pres~- Address: 2611 Technology Dr. Ste. 207, Orlando, FL 32804 25 STATE OF FLORIDA COUNTY OF (;;V m ~- I . -:Qj .f-t- 11-nst ument was acknowledged before me this ~"0 day of ?';/V", " 1993 by Theodore A. Bolin, PresidentcRful BOLIN DE ELOPMENT, INC., the General Partner of Chelsea Parc~~tc0 Tuscawilla, Ltd., a Florida limited partnership, who is persona~~y-~ known to me ar wh.... has pL uuuL;~d (~~g idilRtifi<;'.:ltion and who (did(dJ..~._I}.9t) take an oath pn7behalf of sgd corporat~on.----'-- ...' / / 8 'j ) // ~ w / ..." ';" r- 0 , ~~ 01 Notary "bli /1 l~' Print llame:, (/,./ My Commis"sion Commission #: CLAIRE FLANAGAN NOTARY PUBLIC; STATE OF FLORIDA AlLAH( MY COMMISSION EXPIRES MARCH 23 19fY BONDED THRU ASHTON AGENCY INC' , COMMISSIUN NO" CC Oll4474 26 w (~~~) c:) ,::J -q ..:) -" ".>~ c::; ~- 1-- ::~J rq o .oc> J'..~;-J C, C) f'lUI U) :J\ Pl :\: ;.l'': C.J 1- m (, o ~h W Section 1. General. Each wall and fence built as part of F eCJ original construction of the Residences or Lots upon The Propert1esol and placed on the dividing line (as shown on the plat(s) of The Properties) between the Lots thereof and acting as a commonly shared wall or fence shall constitute a party wall, and each Owner shall own that portion of the wall and fence which stands on his own Lot, with a cross easement of support in the other portion. If a wall or fence separating two (2) Residences or Lots, and extensions of such wall or fence, shall lie entirely within the boundaries of one Lot, such wall or fence, together with their extensions, shall also be a party wall and the Owner of the adjacent Lot shall have a perpetual easement to maintain the encroachment, and the encroaching Owner shall have a perpetual easement for use and enjoyment of the area within such adjacent Owner's Residence or Lot from the Lot boundary line to the center of such wall or fence. Easements are reserved in favor of all Lots over all other Lots and the Common Areas for overhangs or other encroachments resulting from original construction and reconstruction. EXHIBIT "A" PARTY WALLS: REAR FENCES Anything to the contrary herein notwithstanding, where adjacent Residences share only a portion of a wall (e.g., where a one-story Residence abuts a two-story Residence) only that portion l of the wall actually shared by both Residences shall be deemed a party wall. That portion of the wall lying above the one-story Residence and used exclusively as a wall for the second floor of the abutting two-story Residence shall not be deemed a party wall, but shall be maintained and repaired exclusively by the Owner of the two-story Residence even if lying in whole or in part on the abutting Lot; provided, however, that the Association shall maintain the exterior of said wall. Easements are reserved over the abutting Lot on which the one-story Residence is constructed and over the roof and other portions of such abutting one-story. Residence to permit the upper portion of the wall of the two-story Residence to be maintained and repaired by the Owner of the Lot on which such two-story Residence is constructed; provided, however, that the Association shall maintain the exterior of said wall. Section 2. Sharinq of Repair and Maintenance. The costs of maintenance of Lot landscaping and Residence exteriors shall be paid for by the Association through Assessments (either general or special) imposed in accordance with this Declaration. All other costs of reasonable repair and maintenance of a party wall shall be shared equally by the Owners who make use of the wall. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore same, but shall not construct or extend same to any greater dimension than that existing prior to such fire or other casualty, without the prior written consent of ;'0 G'\ ':-JC) (_""j-jl '.~) -\I "--'(J --.I ,- .,i.... r- ::;:J Fl c-) -'0 CJ :. :>,J r;-)Cl r '1 (j) the adjacent Lot Owner. The extension of a party wall used by only a two-story Residence abutting a one-story Residence shall ltJi repaired and/or replaced by the Owner of the two-story Residence a~ his sole cost and expense even if lying in whole or in part on t~ abutting Lot. No part of any addition to the dimensions of sa~j party wall, or of any extension thereof already built, that may ~ made by any of said Owners, or by those claiming under any of themn respectively, shall be placed upon the Lot of the other Ownerfl without the written consent of the latter first obtained, except i~ the case of the wall of a two-story Residence. If the other Owne~ thereafter makes use of the party wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. .,J ,:Jl ~J"\ -.J (UO .:.:)-.1 ..:-J -'I .....C) r ;0 rn ('") -0 c) ;:;.--:;:... ..:;')C. ('lU (..) C) -.J Section 4. Weatherproofing. Notwithstanding any other provision of this Article, any Owner who, by his negligent or willful act, causes that part of the party wall not previously exposed to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. \.- Section 5. 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 Owners' successors in title. Upon conveyance or other transfer of title, the liability of the prior Owner shall cease. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Exhibit, each party shall choose one arbiter, and such arbiters shall choose one additional arbiter, and the decision of a majority of all the arbiters shall be final and conclusive of the question involved. If a panel cannot be designated pursuant hereto, the' matter shall be arbitrated pursuant to the rules of the American Arbitration Association, or its successors in function, then obtaining. Any decision made pursuant to this Section shall be conclusive and may be entered in any court of competent jurisdiction in accordance with the Florida Arbitration Code. t 2 Rat"rn to; (enClose self..ddressed slamped .nv.loptl) Name: MARYANNE MORSE !:LERI~ OF Glf<: T COl! ... .. 0. QUITCLAIM ~!MltWlE COUNTY. FL. RECORDED ~."'. VERI' l RAMCO FORM NO.8 ); /\ThiS Instru~~t Prepared bY~. d J.J2-b bi E. (()r,fJJ. ),. Address: 2(01 ( TetitvDJtJ6li or S k 2D7 Oy' ~{J'1qb FL ,~?;OV Property Appral.... Parcelld.ntl~catlon (Falla Numb.r(s)); .~ ~ Grant.e[sJ5.S.'[,) 07-2.. J -3) -f)It(; -a....o)-'-y"-;~:)-O-3 Addlsss: r ~ ~ ): .j - .j )/) ~\ ).L5 = 'j... J1<,) ~f~ J " M J -;: ..J ;r'.c rt- f! I~ 0 :z = ~ '-;;,"::'1 .51 c! cl <... ',j.) 0 C I'-V --.J e- N COO C.>.." Co).." :.lC(=) 548807 ~ ()') M 3: ::r o r- f'Tl n a ..., .-- .c-. -.;J N SPACE ABOVE THIS LINE FOR PROCESSING DATA 94 ~1AR 15 P~l 2: 03 1 Documentary Tax Pd. $ ,7 ay , $ '.___._____ Intangible Tax Pd. Maryann\ M~ ~~k Seminole County By:~_D.C. SPACE ABOVE THIS LINE FOR RECORDING DATA o () .r ~ ):> r ;0 fTt n -00 );>;0 ~ P1C/) ." w fl- '" '" o ~~i5 Q&uH <1Ibrim ~eeb, Executed the 15th day of March ,19 94 ,by Chelsea Parc at Tuscawilla, L'ID. 2611 Technology Drive, Suite 207, Orlando,Fla. 32004 first party, to Cbelsea Parc at Tuscawilla,L'ID. whose post office address is 2611 'fechnology Drive, Suite 207, Orland, Fla. 32804 second party. (Wherever used herein the terms "lIrst party" and ....cond party" Includ. .. the partie. to thl. Instrument and the heln. ",al repre.entatlve.. and aulan. of individuals. and she successors and anlan, of corporation,. wherever the context '0 a.dmk, or requires.) ~itm55tt1y, That the first party, for and in consideration of the sum of $ , in hand paid by the said second party, the receipt whereofis hereby acknowledged, does hereby remise, release, and quit- claim unto the second party forever. all the right, title, interest. claim and demand which the said first party has in and to the following described lot, piece or parcel of 1 and. situate, lying and being in the County of Seminole , State of Fl . d ' to-wit: orl a Adding+~ot 43 and the southerly 2.0 feet of lot 42 as measured perpendicular to the cornmon lot line thereof, less th~ southerly 2.0 feet of lot 43 as measured perpendicular to the cornmon lot line of lots 43 and 44, Chelsea Parc.at Tuscawilla, phaseII, According to hte plat thereof, as recorded In plat book46, pages 64&65, public records of Seminole county, FLA. '(lIlT ~&t nub to ~lli, The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. ~n ~itm55 ~trtlTf, the said first party has signed and sealed these presents the day and year written. resence of Grantor SignatW'e TEbt)t I . I ~{ (P ers IA-e:n-bJ(2-EN e. f\ JDA-~I-rc: Prioted NlUIICl QG ll''-.If:C hnolclj ,tI21<Slll-k.JcJ7 Pos3eld~7Y10 '=}L' ~)~Y)7' ~0-~eA- CC"'-I ~~~ ):J~~ ~ Witness Signature (asia flJSt Grantor) bM lh. Prioted Name N. -5 c..~ ~ 'L... Witness Signature (as to Co-Gl1lOlor, ifany) Co-Gr.m!oI' Sign3.tu!~ (irany) Printed Name Printed Name Witness Signature (as to Co-Gl1lOtor, if any) PosI Office Addres. rJ\R i 5 1994 Printed Name ) ) I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared , known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that )(' executed the same, and an oath was not taken. (Check one:) ~ person(s) is/are personally known to me. 0 Said person(s) provided the following type of identification: ..1....."'1 09 30 93 NOTARY, ~\J1l85R S.T~MP se....L : . ;\-' ';''::l,,:-~ tLAIREPLA~ . ',\ iNOTARY ~UBUC; 5r~Te OF ~O~IDA AI It ::rN~~~~~b:~~~:~~~1tc1t~g3 1ft) h~MMISSION'NO.;;t'~4474 I ". !~ '.;:: "'" ():: ~, r . Printed Notary Signatwe the County and State last aforesa~his A.D.I9i!i ,/"I ~ \ \j~ ~ cfj 1 ~, ~ . ~ ~ ~ \S \l ~C" \ ( f \l ~ ,~'?S'J } II ') '~j\~ \ , " IU ~ ) "k J \) ~ ~~ \.ti 1 \) s ~ 4 ') ,\ \J J " QUIT-CLAIM DEED . MARY" ~t~E HORSE ~;LERK 0 'RCU1T COl.'; RAMeo FORM 8 SEMINOLE CC . fV, fl RECORDED ,L VERIFIED 94 HAR I 5 PM 2: 04 548809 Ihis @uit-tlaim lletd, Executed this 11 th day of February , A. D. 1994 ,hy Chelsea Parc at Tuscawilla, LTD ..l~// .T"~~~""~7 .::?...-z.. "s"c,.~ .>\o~ C7~~ r-c. 3.,:)..?oy first party, to Chelsea Parc at Tuscawilla, LTD ~~// /==-c/-i',-vt:7&. C?c;..,7 ..?...., . J (./,~ ~...... c:...-.-vo,Oo ~. :S ":+~"7 whose postoffice address is second party: (Wherever used herein the terms Hfirst party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of co!"porations, wherever the context so admits or requires.) lltlfitnesseth, That the said first party, for and in consideration of the sum of $ in hand paid hy the said second party, the receipt whereof is herehy acknowledged, does herehy remise, re- lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following descrihed lot, piece or parcel of land, situate, lying and heing in the County of Seminole State of Florida , to-wit: Adding to Lot 44 the Southernly 2.0 feet of Lot 43, as measured perpen- dicular to the common Lot line thereof; Chelsea Parc at Tuscawilla, Phase II according to the Plat thereof, as recorded in Plat Book 46, Pages 64&65, Public Records of Seminole County, Florida. Documentary Tax Pd. $ \ f/ f\ ~. I (U I f'0 -..J ..c:-. N __._....lnt::nf'ibl" Tax Pd. M"Y,"O~~ g,m;o:c. County By: (f) Pi :! % o r- f't1 ("") o . ." C- o ..- -J ~ $ - CERTIFIED COpy MARY ANNE MORSE CLERK OF CIRCUIT COURT INGLE COUNTY, F . I I \ ~ DEPUTV cU:f1AR To )taut and to Jlold the same together with all and singular the appurtenances thereunto belonging or ih anywise appertaining, and all the estate, right, title, interest, lien, equity and claim wltat- soever of the said first party, either in law or equity, to the only proper use, henefit and hehoof of the said second party forever. In lltlfitntss Uhereof, The said first party has signed and sealed these presents the day and year first ahove written. Signed, sealed and deliv red in p esence of: 9-/lvi,-u~ / 0 ~ m" .. .. . ....~...~..m.........h......h.. Rob'V) 12. Sne.lI STATE OF FLORIDA, . } COUNTY OF ()rO..n") .-C. . . .~- ...............................mm. .. ....77............mh...mm..~ G--~ ~n.-~ '- r4/l.';- /Y~<l- ..h....h............:.......m..mh...mm.m......m..~.~..~~~~. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 'Ieci \:so); y', to me known to be the person described in and who execu ted the foregoing instrument and before me, that acknowledged day of A. D. 199V . .. .. . . .................1\................................................ .' . ,-/dire.Fklrt'l')aVl "" .'~.,,~ I , , :2) bOlE (/ MeAb This 1m/rumen/ prepared by: c-:P 7~. Address :l..G// ~~c-o~.Y P,- ~ c/ / r~.;;2s:/) c:; ;> u . f/-QLA"'.nIOa TL.-. ~2lJC;:;-1 \, LAIRE FLANAG MY COMMISS;Q~w,r~gMFl.ORIDA AT LAHGr fjONDED TttRtfA~m- ARCH 23, 1995 COMMISg'rO~ NO~ \ q~~GENCY INC ,\ " "GG084474 '.,\ /. Name; ,"';'~";6mO .tamped .'f11fftY ANNE HORSE CLEm, OF CIRC!IIT COl' '/ Add,ess; 5 4 8 8 u 8 ~ u \ '"'''"'''j;lli~ ro,. i2A ';), _ I ~dress: )~II Te~f{)loSLf~br,sk 267 ~ O{ldndo (cj?8C4 ~ Pr rly Appraise.. Parcelldenllflcallon (Folio Number(s)); .~ 07 - 2- . -;;1 -<-J(fj -att1 <Jf./20 -0 '0"- ~ Granleelsl 5.5. '[sl t -:J ~-' I .J (11 ; 1,0 -. ---.". .,. j \./1 .3 t,l ::',,(::::) .~ -;) \) --.. .:nrJJ , l~cl ., _~. r/) .J .~ ~ rf r :~ -- ,i HS - I~ e ~-- ..G ~,L (.0 fJ j ~- SPACE ABOVE THIS LINE FOR PROCESSING DATA ... '" ... QUITc~KWOLE COUNTY. FL. RECOROED t~ VERI' "0 f'V .......J .e::- N mo o ""T1 C)"TI :'~;:;:n RAMCO FORM NO.8 9ld1AR 15 PM 2: 03 I{O~ Docun,enta,y Tax Pd. $ __.___"L____. en fTJ :.c :z: o r f11 (") o .." r- ~ -...J ~ ;;0 f"Tl (") -00 p;:o m-C 1"'1 Q') )> ~ J $ _....____.. __....lnL.n::iblc' Tax Pd. Maryann s~l5tk Seminole 6-J _D.C. SPACE ABOVE THIS LINE FOR RECORDING DATA /au,tS ~uH QIlmm J9.e.eb, Executed the 15th. day of March .19 94 . by Chelsea Parc At Tuscawilla,LTD. fi 2611 Technology Drive, Suite 207 Orlando Fl 32804 ~tpar~.ro Chelsea Parc At Tuscawilla LTD . whose post office address is ' . 2611 Technology Drive,Suite 207, Orlando Fla. 32804 second par~. (Where...r u.ed herein the ter"" "fint party" .nd ".econd party" Include" the partie. to thl. Innrument and the heirs. Ie,ol repre.enlat""'.. and aullns of individuals, and ~he succeuorl and aul,n. of corporlt~nl. wherever the context so admk. or requires.) ~ll!Htn.e55ttlt, That the first party. for and in consideration of the sum of $ . in hand paid by the said second party. the receipt whereofis hereby acknowledged. does hereby remise. release. and quit- claim unto the second pa~ forever. aI/ the right. title. interest. claim and demand which the said first party has in and to thefol/owing described lot. piece or parcel of land. situate. lying and being in the County of Seminole . State of Florida . to-wit: Adding~ot 42 and the southerly 2.0 feet of the tract A, as measured perpendicular to the common lot line thereof. Less the southerly 2.0 feet of lot 42 as measured perpendicular to the common lot line of lots 42&43, Chelsea Parc at Tuscawilla, phaseII, according to the plat thereof, As recorded in plat book46, pages 64 & 65, public records of smninole county, Fl. 'dru ~frt nub to- ~lli, The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining. and aI/ the estate. right. title. interest. lien. equi~ and claim whatsoever of the said first party. either in law or equity. to the only proper use. benefit and behoof of the said second party forever. JJn ~ll!IHn.e55 ~trtuf, the said first party has signed and sealed these presents the day and l'!!!!r first above written. Signed. sealed and delivered in the presence of ~---- ~~ ~~.... ~~ .---Y Witness Signature (as to r...t Grantor) __ ~-o \~(21'>.. UJ n ,C.c\ Pl:j ~:;\) W itnes. Signature (as to fll.t Grantor) ....... ~ A,....l\ 'h ~ Printed Name "$""c.~ t.1l.L-. WilDess Signature (u to Co-Grantor, ifany) Printed Name Witness Signature (as to Co.-Grantor. if any) Printed Name Printed Name bOL', N (p~~S I{~V\ . GEIIH.:'AL p,.herXJt. 'd.1a\\ \eC~ \ \ J Post omce Addres. '. cy h0.CJQ '+L :Sd-B::Y Co-Gr.mtor Signature (if any) Prinled Name f' J lJ../tr Post Omce Addres. ) ) I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared known to me to be the person . described in and who executed the foregoing instrument, who acknowledged before me that ~ executed the same, and an oath was not taken. (Check one:) ~Said person(s) is/are personally known to me. 0 Said person(s) provide the following type of identification: . . ~ ' ...~ ....... NOTAIl.M~8sElf$rAt1;' ~.L .' \,,1' . '''.., ... ." t. .~. \. :CLAIRE fl.AN~~AN.. \..' \ fNOTARYlPUBtIb; Srm..oF FLOBIDA AT LARGl: i MY COMMISiIIONJXP(RES MAR..CH 23, 1995 t80NOE.OJrJ'f~~~HT~ AGENCY INC. 'fOMMISStd"NltJdJ;C'OO4474 .. 09 ~~ II '. / , . ( - .., r Printed Notary Signature ~ ~ N\ \J~ --, z ~ .-J - ~II D."'II ..- :",f'l:f' .J' "- r-l~ d '~d-~ - () Cf. -~ \l c.. :SJ,.-\r'I .J :f' <tel ; ct I.!.l ):! : 7''':; -2 - " ~ .~ .~ ) Z J .!.l .'f. to: ;0 <JJ :...0 mo ri 0) 0." -". 0-" -::... ~ A- - C"") -.'" 0 > r r iTl ::u C"") C) rTl 0 C"") -00 ." 3>::0 r N c)o C) [01 en SECOND AMENDMENT TO AND ~UPPLll:MENT]u' DECLARATION OF CONDIT~C?~!h_;;CO'V'ENAN'TS, EASEMENTS AND RESTRICTIONS FOR ealtSEA PARC AT TUSCAWILLA THIS SECOND AMENDMENT TO AND SUPPLEMENTAL DECLARATION OF CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS FOR CHELSEA PARC AT TUSCAWILLA (the "Amendment") is made this ~.._ day of O<::.'~~. 1995, by CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited partnership (the "Developer"). WIT N E SSE T H : WHEREAS, the Developer has previously executed a Declaration of Conditions, Covenants, Easements and Restrictions for Chelsea Parc at ~ Tuscawilla as recorded in Official Records Book 2567, Page 1280, ~ Public Records of Seminole County, Florida, as amended by that certain~ First Amendment to the Declaration of Conditions, Covenants, Easements0~ and Restrictions for Chelsea Parc at Tuscawilla, Ltd., recorded in Official Records Book 2636, Page 573, Public Records of Seminole ~~ County, Florida (as amended, the "Declaration"); WHEREAS, Article IX, Section 5 of the Declaration provides that the Developer, for so long as it holds title to any Lot affected by the Declaration, may amend the Declaration upon the execution and recordation of an instrument executed by the Developer alone; WHEREAS, the Developer holds title to approximately sixty-five percent (65%) of the Lots affected by the Declaration; WHEREAS, the Developer has obtained prior approval to this Amendment from the City of Winter Springs, Florida, in accordance Article XIV of the Declaration; WHEREAS, the Developer has obtained prior approval to this Amendment from FHA/VA, in accordance with Article XV of the Articles of Incorporation of the Chelsea Parc at Tuscawilla Homeowners Association, Inc.; and WHEREAS, Developer desires to amend, supplement and further define certain matters in the Declaration. <~ .J ~:r AJ> C)~ "3> ("")z --- ;0 ..- ,j fT'I ~ -,.. :::::;0 (}::;l:;I '?Y: ~., f t._J (n c::> C") --l with!',.) ~o c.n .'1 ", n::r 0- :;:oZ ,:;:~ "T) )~-) . 0 <s IT1 -- .':U-i ::;;:< .~'"'"r1 ~J .,,) NOW, THEREFORE, the Developer hereby causes this Amendment to be executed on its behalf and hereby amends and supplements the Declaration as follows: 1. Article I - Definitions is hereby amended by adding Paragraph (q) as follows: (q) "Surface Water or Stormwater Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise effect the quantity and quality of discharges. .0 (./) "..0 OJO o ." rrl cn 0." -~ -- An 0 ;.> r r fT1 ::::J ("') C) fT1 0 n IJO ." >:::0 r N C)o Pl C,/) 2. Article II - Property Sublect to this Declaration; Additions Thereto. In accordance with Article II, Section 2 of the Declaration, the Developer hereby adds the additional property (the "Additional Property") owned by the Developer and described in Exhibit "A" attached hereto and incorporated herein by reference to the Properties which are the subject of the Declaration and governed by the Association. The Additional Property is to be platted as Fox Glen at Chelsea Parc, Tuscawilla. 3. Article IV - Property Riqhts in the Common Areas; Other Easements is hereby amended by adding Section 10 as follows: Section 10. Maintenance of Wall & Landscape Easement. The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as often as necessary, that certain five (5) feet Wall & Landscape Easement along the rear property line of Lots 109 through 119, Fox Glenn at Chelsea Pare, Tuscawilla, as set forth in the plat of Fox Glenn at Chelsea Parc, Tuscawilla, together with all improvements thereto, if any. The Association shall maintain the foregoing easement in accordance with the terms and provisions of Article IV, Section 3 of the Declaration. 4. Article IV - Property Riqhts in the Common Areas; Other Easements is hereby amended by adding Section 11 as follows: Section 11. Maintenance of Surface Water or Stormwater Manaqement System. The Association shall be responsible for the maintenance, operation and repair of the Surface Water or Stormwater Management System. Maintenance of the Surface Water or Stormwater Management System 2 shall mean the exercise of practices which allow the system to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted or, if modified, as approved by the St. Johns River Water Management District and the City of Winter Springs, Florida. 5. Article IV - Property Riqhts in the Common Areas; Other Easements is hereby amended by adding Section 12 as follows: Section 12. Easement for Access and Drainaqe. The Association shall have a perpetual non- exclusive easement over all areas of the Surface Water or Stormwater Management System for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of any lot which is a part of the Surface Water or Stormwater Management System, at a reasonable time and in a reasonable manner, to operate, maintain or repair the Surface Water or Stormwater Management System as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire Surface Water or Stormwater Management System. No person shall alter the drainage flow of the Surface Water or Stormwater Management System, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District and the City of Winter Springs, Florida. 6. Article V - Association - Covenant for Maintenance Assessments is hereby amended by adding at the end of Section 2, Purpose of Assessments, the following: Assessments shall also be used for the maintenance and repair of the Surface Water or Stormwater Management Systems including, but not limited to, work within retention areas, drainage structures and drainage easements. ;"~ _0 coo (f) 0'" or. :.:::> 0'" ~- -~ ...... -("J -.~ -- ):> 0 ,- r i rr1 ::D () rr1 0 () 0 -00 ." >;::0 r N C)CJ N P1U> 7. Article IX - General Provisions is hereby amended by adding at the end of Section 3, Enforcement, the following: Any other provisions of this Declaration to the contrary notwithstanding, the St. Johns River Water Management District and the City of Winter Springs, Florida, shall have the right to 3 enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System. 8. Article IX - General provisions is hereby amended by Section 13 as follows: Section 13. Approval of the St. Johns River Water Manaqement District and the City of Winter Sprinqs, Florida. Any amendment to this Declaration which alters any provision relating to the Surface Water or Stormwater Management System, beyond maintenance in its original condition, including the water management portion ~ of the Common Areas, must have the prior approval of the St. Johns River Water Management District and the City of Winter Springs, Florida. p.Qd.ing _0 co 0 (/) ':0. 0" rr1, O""T'1 ~ .;:- ~n CJ r rr1 () C) <:) > r- :::? rr1 () \JO ~;:.u GJC) Pl(fJ N W 9. Reaffirmation; Defined Terms. Except as amended and supplemented herein, the Declaration remains in full force and effect. All defined terms not specifically defined herein shall have the same meanings as set forth in the Declaration. Executed as of the date first above written. WITNESSES: CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited partnership By: , r (/K1 ....,.....' - .- ~ B Title: President Address: 1500 Braewick Street Winter Sprinqs, FL 32708 STATE OF FLORIDA COUNTY OF, ..,..~\: . 'C'.' . ':'.. S S ..'- I. .-:-~. I . .. --.. ( - . .....-: r ... ,pi ,,',... I <. The foregoing instrument was acknowledged before me, an officer duly authorized in the State and County aforesaid, to take acknowledgments, this;;, '-1 ~. day of~~~.....l."'lO"-"'-,,' , 1995 by THEODORE 4 A. BOLIN, as President of BOLIN corporation, as general partner Florida limited partnership, on who: ...._____ ~ is personally known to me; or [ ] who has produced identification; and who: [ ] did or [ ] did not, take an oath. My Commission Expires: ~l4~ *M':* "\;" ~,. (Seal) DEVELOPMENT, INC., a Florida of CHELSEA PARC AT TUSCAW I LLA, LTD., a behalf of said limited partnership as ~--- ,-~,~'-_._---. '.:... --- --~ NOTARY PUBLIC ~,,~ \., ... r.,.. Vr } DEBRA A CONRAD _'--'.', ::., \. ~,-"', ' .A'---~ My Col'l'lmission CC370eEr i n t Name) Expir.... May. 08,1998 Bonded by HAl 800-422-1555 (Serial Number, if any) 5 ) ~ . ) (/j.D f'l - -~ ~ -- ~ C> fT1 8 C) ;:::N ~ ::::0 c:J C> o ""T1 o-rt A("") ::;:. r- ::::J fTl ('"") -00 3>:;0 CH:::> [01 (,/) EXHIBIT A Legal Description Fox Glen at Chelsea Pare, Tuscawilla ,.J 0'") "..0 mo rr1 CD 0'1 o-~ - " _:c... ..;,- :::~(J 0 ;> I r fT1 :::0 n C) fT1 C> ("") -00 ""T1 N >::::0 r- C)CJ Ul r<1 <n F065KLSR.Ol 6 EXHIBIT "A" Begin at the intersection of the Southerly right-of-way line of Winter Springs Boulevard and the Easterly right-of-way line of Greenbriar Lane as shown on the Plat of Chelsea Parc at Tuscawilla Phase I, recorded in Plat Book 45, Pages 82 and 83, Public Records of Seminole County, Florida; thence from a chord bearing S 74033'23"E run Southeasterly along said Southerly right-of-way line and a curve concave Northeasterly, having a radius of 6431.67 feet, an arc distance of 140.01 feet and through a central angle of 01014'50" to a point of tangency; thence S75010'48"E along said Southerly right-of-way line, a distance of 730.05 feet; thence S14049'12"W a distance of 650.00 feet; thence S28036'59"W a distance of 602.11 feet; thence N34011'57"W a distance of 250.58 feet; thence N52019'24"W a distance of 749.53 feet to a point on a curve concave Northwesterly, having a radius of 1935.05 feet, from a chord bearing N27000'20"E, run thence Northeasterly along the arc of said curve, through a central angle of 21020'32", a distance of 720.79 feet; thence N16020'04"E a distance of 80.34 feet to the Point of Beginning. ('/l rrt -,. -.. -,. -- o . r- Commence at the intersection of the Southerly right-of-way line of Wlnterrrt Springs Boulevard and the Westerly right-of-way line of Greenbriar Lane a~ shown on the Plat of Chelsea Parc at Tuscawilla Phase II, recorded in Pla~ CJ Book 46, Pages 64 and 65, Public Records of Seminole County, Florida, th~e-- S16020'04"W along said Westerly line, a distance of 80.34 feet to a poin~fN curvature of a curve concave Northwesterly, having a radius of 1875.05 feet,en run thence Southwesterly along the arc of said curve and said Westerly line, through a central angle of 10050'25", a distance of 354.76 feet for a Point of Beginning; continue thence Southwesterly along the arc of said curve and said Westerly line, through a central angle of 10030'06", a distance of 343.68 feet; thence N16048'35"E a distance of 39.04 feet to a point of curvature of a curve concave Southwesterly, having a radius of 57.51 feet, run thence Northwesterly along the arc of said curve, through a central angle of 82000'21", a distance of 82.31 feet to a point of tangency; thence N65011'45"W a distance of 389.00 feet to a point of curvature of a curve concave Northeasterly, having a radius of 55.84 feet, run thence Northwesterly along the arc of said curve, through a central angle of 64009'40", a distance of 62.53 feet to a point of tangency; thence N01002'05"W a distance of 114.88 feet; thence N22025'15"E a distance of 128.24 feet; thence S63013'21"E a distance of 219.80 feet; thence S64040'38"E a distance of 382.90 feet to the Point of Beginning. k'\1D : LESS: Blocks A, B, C, H, I, L, M, 0 and P, Braewick at Tuscawilla Phase I, as recorded in Plat Book 37, Pages 53 and 54, Public Records of Seminole County, Florida; and Lots 1 through 22, inclusive, Chelsea Parc at Tuscawilla Phase I, as recorded in Plat Book 45, Pages 82 and 83, Public Records of Seminole County, Florida. ALSO LESS: Begin at the Southwest corner of Lot 22, Chelsea Parc at Tuscawilla Phase I, according to the Plat thereof as recorded in Plat Book 45, Pages 82 and 83, Public Records of Seminole County, Florida; run thence N41043'07"E along the Westerly line of said Lot 22, a distance of 73.39 feet; thence N32050'31"E along said Westerly line a distance of 39.92 feet to the Northwest corner of said Lot 22; thence S38015'37"W a distance of 113.00 feet to the Point of Beginning. ; -0 '_:J ::0 CJe O"Tl C> "Tl An r-- --- > r ~ fT1 ("") ~g C')O Plcn