Loading...
HomeMy WebLinkAboutCountry Club Village at Tuscawilla 2nd Amendment ,~_____ ~,yrt' '-, ~ 4f''' ~3 ~tY! P \} YL/r C"F!W,L RECORDS - P/\GE '( 'J ') d L o 756 I I ;':~.i';;NOi_E co. FL. SECOND AMENDMENT TO NOTICE OF RESTRICTIONS AND AGREEMENT OF MAINTENANCE REGARDING COUNTRY CLUB VILLAGE AT TUSCAWILLA I. IDENTIFICATION AND PARTIES: This instrument is the Second Amendment to the "Notice of Restrictions and Agreement of Maintenance" Regarding Country Club Village la!- _Tp~awilla described below and is made this 9-th day of G2~~~/ , 1981, by EVANS ACQUISITIONS, INC., a Florida corporation ("Developer"). II. LANDS AFFECTED: The lands affected by this instrument are called the "Annexed Lands" and are legally described as: COUNTRY CLUB VILLAGE UNIT THREE, as recorded in Plat Book .:2..6 , pages.J3-.J~, Public Records of Seminole County, Florida. 11 '" 1 III. BACKGROUND: W.T.G. ENTERPRISES, INC., a Florida corporation formerly known as COUNTRY CLUB VILLAGE BUILDERS, INC. (hereinafter referred to as WTG), has assigned to Developer all its rights, title and interest in the Annexed Lands, including options to purchase the Annexed Lands. WTG has recorded in the public records of Seminole County, Florida, at Official Records Book 1230, page 632, ,the "Notice of Restric- ~ tions and Agreement of Maintenance" Regarding Country Club village at _"' ~ Tuscawilla (the "Notice of Restrictions "), as amended by the "First ~!~ 1'( Amendment to Notice of Restrictions and Agreement of Maintenance" record- ~ ~ ed in the Public Records of Seminole County, Florida, at Official Records /1 ~ } Book 1270, page 1941. The phrase "Notice of Restrictions" refers to ".1t ~ 1 said Notice as from time to time amended. , ", ~: .) ,~ j'~ The purpose of the Notice of Restrictions 'i.\)~'a common plan of development upon, protect the value and . t ~ of, and enhance the marketability of the lands described ;'. ~ ~ residential community known as "Country Club Village". ;:~'~.! Section 32, of the Notice of Restrictions permits ':. ., '1- if'Developer to extend its provisions to additional lands by the annexation '. procedure there described. Developer now wishes to so extend the opera- tion of the Notice of Restrictions to the Annexed Lands, which are beneficially owned by Developer. is to impose desirability therein as a IV. ANNEXATION: Developer hereby amends Exhibit "A" to the Notice of Restrictions by adding the Annexed Lands. Developer also hereby covenants for itself, its successors and/or assigns, that it will convey in fee simple title to the association as described in the Notice of Restrictions, all properties designated "community property (not public)" as delineated on the plat of the annexed lands and further declares that said land shall constitute a portion of the t1properties" as defined in Section 1 (b) of the Notice of Restrictions. Developer intends this instrument to have the same force and effect as if it initially had been incorporated into, and constituted a portion of, the Notice of Restrictions. :x: 0- rr'\ C> N ~.. o~"::, ~ .7 t= ~ s:~ ~ ~;,.;... , '-.. ...-' ::: ~~-1 (~:.'. ,--,. '.'. . . " .;.;,-~ ...~~. -" _l.. <"I <"I n: a... c::z: 1.- ~ ~. ..; L.... .; ~~ ~~. ::; (l~ h.l ~: <L ,~_ THIS INSTRUNENT PREPARED BY: PAUL ROSENTHAL Van Den Berg, Gay & Burke, Attorneys 16 South Nagno lia Avenue Orlando, Florida 32801 '"'CT N ill N o (~ ex::;) - -~_... and expenditures of any funds arising out of any assessments by First Federal of Seminole, prior to any expenditure under said budget and prior to presentation to the membership at its regular annual meeting as provided in Article XI, Section 8 (d). This article of the bylaws shall not be amended or rescinded without the written consent of First Federal of Seminole, and shall remain in full force and effect so long as any property in Country Club Village at Tuscawilla is pledged as security for any mortgage to First Federal of Seminole. ARTICLE XV CORPORATE SEAL: The Association shall have a seal in circular form having within its circumference the words: COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEOWNERS ASSOCIATION, INC., (not for profit) . ARTICLE XVI AMENDMENTS: Section 1. These Bylaws may be amended at a regular or special meeting of the members by a vote of a majority of a quorum of members present in person or by proxy. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Restrictions and these Bylaws, the Restrictions shall control. ARTICLE XVII *MISCELLANEOUS: The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except.that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the directors of COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEOWNERS ASSOCIA~ION, INC., have hereunto set our hands this f) ,.i~ day of , f\~ . \... ' 1979.u "'-. ...... .....~ - - """ '. :c;n RECORDS P ...\GE ') ") ? j.J(. 075 7 ~:=., ,. :JLE co. FL. Developer further intends that all of the Annexed Lands be held, sold, and conveyed subject to the easements, conditions, covenants, restrictions, and other provisions contained in the Notice of Restrictions, which Developer acknowledges are for the purpose of protecting the value and desirability of, and which run with, the Annexed Lands and are binding upon all parties having any right, title, or interest therein, or any portion thereof, their respective heirs, successors, and assigns, and which inure to the benefit of the Association and each Owner, as such terms are defined in the Notice of Restrictions. V. OPERATION: Thi~ instrument will take effect upon its recordation in the Public,Records of Seminole County, Florida. From and after such date, Developer intends that all references to the "Second Amend- ment to Notice of Restrictions and Agreement of Maintenance" Regarding Country Club Village at Tuscawilla now or hereafter made in any other instruments of public record in Seminole County, Florida, or in the Articles of Incorporation, By-Laws, and other corporate documents of the Association, refer to the Notice of Restrictions, as amended by this instrument, unless expressly provided otherwise. Except as amend- ed by this instrument and by the First Amendment to the Notice of Restrictions, the Notice of Restrictions remains in force and effect according to its original terms and conditions. IN WITNESS WHEREOF, Developer has executed this instrument the date stated above. Signature ;2lA;. Witnessed By: INC. li<Lcfe L~ _~ . ----:::; --- By: NS.JJt!D ,0 ...-..... '.. ____, (CORPORATE SEAL) ~ '"",,'C.. ":. Yj : ~v- _J _ ~~" - : r,;, <r C) 'x : :') . n.. It...J (j) n.' ~ ~o ..t!' ~/) ",-, \<.1..1" OJ ~ ..' ':":-j a Florida ._~o~tir'ai:i6.n.:' to these Restrictions ~U:A..",-:h&J _&-~.J., .7/ Attest: ~ ~ I ~ ~ . J 1 j A 1 1 CONSENT OF FEE OWNER WINTER SPRINGS DEVELOPMENT CORPORATION, the fee owner of the Anne~ed Lands,he~eby consents on the Annexed Lands. Signature Witnessed By: ""....., .: ,......~~ \" \, 1}llJ' I:"~ .... ....\ ..~-'u.........~f / .,:', ~.. ~ ., . t. / WINTER SPRINGS DEVELO~~# j ;.... ~CORPORATION l"'~, ~~ [ r:; ;, D '. ",J r.O ."'. '. ,,>'.." , . ~.. (1 "..{ . . ... B.'. '.. " Y. ',I,. _ . - - Sidi.t ~........'." .' f-..--.' /I ~/J //2)' 'J //7/ /' ~ /"] Y). / ,,/ '," /. -,'~'.-!-/)"~:;&-/~":::- /, -' / ~~.-.:;::2~_._____ ,/" (/ /~ ')~ r;;.L~J2~__ l Attest: ,(~ Secretary (CORPORATE SEAL) OFflCI..L QECOROS . ,,~,' PAGE I 332 o 7 5 8 STATE OF FLORIDA COUNTY OF S::H:NOLE CO. FL. The foregoing instrument was acknowledged before me this ~T# day of Ill',e/L ,1981, by tlA,e,ey A.00EH-elN6 andc..HET C, THo m L I IV , the respective President and Secretary of W.T.G. ENTERPRISES, INC., formerly known as COUNTRY CLUB VILLAGE BUILDERS, INC., a Florida corporation, on behalf of the corporation. i 1" WITNESS my hand and official seat at O.e..LA tV 00 County, State of Florida this YTH day of At'K-IL , oR.AtJ(J13 1981. (NOTARIAL SEAL) ~~ ~ocU~! Notary Public .~'-" \.~..,o:: 0..,' My commissionr:~~~~~~~ "., t~e~'lr'l ~:lJ:.lj.,;'St,l~ .01 r:cmla arl!lf.'Je. ' .; My C'Jmmi;sioij ~l;res ~t. 17, 1984 : _ Bonded n.,';; T~ r..ir.{.t'l.... I.t..\ .' ,-. : \-;. CI V 1. 0 \ .:' .~ "'\..0" ' . '\ , .' \ ..' , '''~, j' 'I \ \ ;~ , " l I l 1 i ,. . '! . 1 j I 4 ; 1 I DfF!CIAL RECOROS P.\GE I 332 o 7 5 9 ACKNOWLEDGEMENT OF ASSIGNMENT SEt'liNGLE CO, FL. W.T.G. ENTERPRISES, INC., a Florida corporation formerly known as COUNTRY CLUB VILLAGE BUILDERS, INC., hereby acknowledges that it has assigned and set over to EVANS ACQUISITIONS, INC., all its rights, title and interest in the Annexed Lands, including options to purchase the Annexed Lands. Signature Witnessed By: W.T.G. ENTERPRISES, INC. ~- ~-~~/ ~~~~ By: fi/~~.7 P eside ' j f 1 1 I , i 1 Attest: r;;;;; ~ II; ",'" "'" , STATE OF FLORIDA COUNTY OF ~. .. . _. 'A... ~ , .' '" ." ~~', -, 0. ~ (CORPORATE~~' )-;q"; ~": :1: ~-.j~~/ruO) 0:; -:: -' '.~V)- 0: = ~ . ..0.... <t." :: ":';.,':> ...."" ! ,~.. , ..... .. .......",..t .:~...-. "" '.,. .,." , '...,t~., "r , The foregoing instrument was acknowledged before me this q~ d~ of '(JdMt.J , 1981, by C I(,hl L-V~ and ~7 ~ . 1'lI~ ' the respective President and Secretary of EVANS ACQUISITIONS, INC., a Florida corporation, on behalf of the corporation. (NOTARIAL SEAL) at()~ I O~ Ai t1... I 1981. ........... ,,,-,.... ry, ....# ...- .....'\ l1 '(~'~'J I". . . " -~ ....... /.;,-. AuJvh~L< ~Ll~~~ . .-.....;.... Notary Publl.c {I--.;' I If//) '.. ';;.~ My commiss ion em>::l'~es: <Y :: S ;:;, ~ 'C:':......~. ~t large ; .... ~. , ......r,. ~~-...1i), oi,OI" .. -r-:o"'anJ r~1J.h~,. .!.,. --....... . .. ~y' Commis~ion Expi,~s'e~~. 'U OlM ,.,:: londed thru troy F"..-:n~n~J~~'"",~,~ '., trl13ll .. . t ~ I, ~ ~ It... . . o. 1 i WITNESS my hand and official seat County, State of Florida this l1~ day of h , 1 I j \ i 1 1 , .1 II i ~ ~ i j { STATE OF FLORIDA COUNTY OF day of The foregoing instrument was acknowledged before me this 9th Apri 1 , 1981, by Roy T. Dye and A.Eo tHan ,the respective President and Secretary of WINTER SPRINGS DEVELOPMENT CORPORATION, corporation, on behalf of the corporation. a Florida WITNESS my hand and official seat at Longwood County, State of Florida this 9th day of Apri 1 , Spminolp , 1981. ,~. t"~' ..... '."1, \'~ S:. B... J1f ""#/ !~~ARtAL .~~~~) t ::~ 01'AR Y': :~ ~ (..~ : . .... - : I.s.; ~:: ~. ~trg'l' (, ':r'=' ~. ~ ~ '..~F f'lOR\O~ ~ .,.... ~~ Notary Puhlic, State Of Florid:! At !.'}rI~e My Commission Expires i\prU, G, : ::3:-! 8C!l.:j~d Dy LaWf':':(3 Surety ....or~ ......., ,} . . . ~ ~. ~~'. . ~ ".. ". \~rp-lOl 1/79 ~'d '1-9-19 ~t'rctartl llf ~tnt~ . .... S~A-:'"E CC" C"LCR1:lA T'-fC: CAO:TCL TALLAHASSEE 32304 /9C41 488- B4'72 (;Hllua FIK.:SIO.... 5H'RFT~"V OF STATE July 2, 1979 Robert L. Taylor, Esquire Post Office Box 2193 Orlando, Florida 32802 Dear Mr. Taylor: Articles of Incorporation for COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEOWNERS ASSOCIATION, INC., a corporation not for profit, were filed on June 29, 1979, and assigned Charter Number 747882. Your check for $38.00 has been deposited. ~~ Enclosed is a certified copy of the articles. If you desire further information please telephone (904)488-9020, the Domestic Charter Section, Mrs. Mary Kacur, Supervisor. .-!. Sincerely, d AJ~!~ D. W. McKinnon, Director Division of Corporations DWM/bc "FLORIDA - STATE OF THE ARTS" ~~~~llWOC~ FEB 12 1980 CITY of WINTER SPRINGS . 'CITY MANAGER ~~ ~ ~ ~ ,I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.,. ~ e. ~ I ~ ~ ..~ <~ '~ :~ : ~ ~ a ~ ~ ~ ~ ~ ~e' ~ '"" ~~~~~a~~1 t~? af~ ~'-t ill ~ta ~,I '\~'~ff"~5~l'a.. ' 51 '. . ",,,li!f;fii"'c,#f!:. 1- fl }."""!'f,lt~l ).a... i .i ~r." -"-"~~ :-:'_'::'?:~'_ ......... ..y .i. ~ x';'::: ;::>:>::t<::::;:;.--:;::...-. ~ I I ~ ~ ~ ~ -- ~ -~ ~ ~ ~ I ~ ~ ~ ~ ~iurn unilrr my l1unil unil tl1r ~rrut ~ ~l of t1)t l!>tttlt of )[lorihtt. at I Wullul1u1i1irr. tl1r aLapitul, tl1ia tl1r ~ 2nd ~~' 19~ I ~?~~ I C./ ~~ ju.. .___~ ~ ;$;~!td(ttl1 of ~tat~ ~ - ~ H~~~~~9~~~~~~~~~~ iepnrtment Df ~tnte I certify that the attached is a true and correct copy of the Articles of Incorporation of COUNTRY CLUB VILLAGE ,AT TUSCAWILLA HOMEOWNERS ASSOCIATION, INC., a corporation not for profit organized under the Laws of the State of Florida, filed on June 29, 1979, as shown by the records of this office. The charter number for this corporation is 747882. ~:r.'7.w.<<~ 'n-l F 57'" . ~"<t-, . o~.,.~_.<<,,~ r-~.~ "".... .... <', . ~ .:::v.,<' -.!!i~' !"I"'~<<;-: 0": .. (o. _l'.>"~', ,~'""'.) , ."/;f !~~;,: ,1;,->,. ~ ":;: -'1.1',//' \"" >II r .., ....... ~ - . , .,. !;. N.,/-'. . i,t..:,;.--/$ '0 I... {~~.,.,,~:wr)~~.. "-;a:::l >.t::. ~~ ,~:~~~i ~ ''$0;.. V.'" " . !'....=-. - 'J ~ ':i . ''''-:.~.-.f;;. ~ ..\.'" ~'~.~:w .. '~A ~.,..c . ~..- On )'loT:: "i'<'= CER 101 12.78