HomeMy WebLinkAboutDeer Song 2
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SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS, CONDITWNSfl
. AND RESTRICflONS FOR DEERSONG ~ ~
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THIS SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS,W
CONDITIONS AND RESTRICfIONS FQJl D~ERSONG.. (hereinafter referred to as rthe:::;;
"Supplemental Declaration") is made and entered into as of the .~ day ofL>€ c. e.. VV\ ~992 by
SALA, INC., a Florida corporation, having an address of P. O. Box 533116, Orlando, Florida 32853
(hereinafter referred to as the "Declarant").
WIT N E SSE T H:
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The Declarant made and entered into that certain Declaration of Covenants, Conditions and~
Restrictions for DeerSong (the "Declaration") dated February 10, 1992, and rerorded on Februaryco
12, 1992 in Official Records Book 2389, Page 0020, Public Records of Seminole County, Florida;co
and en
WHEREAS, the Declarant is the Declarant pursuant to the Declaration; and
WHEREAS, the Declarant is the owner of the real property described on Exhibit A,
attached hereto (hereinafter referred to as the "Additional Property"); and
WHEREAS, the Declarant desires to add the Additional Property to the Property inc:o
accordance with the provisions of Article IX, Section 8 of the Declaration in accordance with th~
terms of this Supplemental Declaration. =0
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NOW, THEREFORE, the Declarant, pursuant to the authority vested in the Declarant by~
virtue of the provisions of Article IX, Section 8 of the Declaration hereby states and declares as
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1. The recitals set forth above are true and correct and are hereby incorporated herein.t;
2. The Additional Property is hereby annexed to and hereby made a part of the
Property by the Declarant and shall hereinafter be subject lo all the terms, conditions, covenants,
easements, and all other agreements set forth in the Declaration.
3. The term "Property", as dermed in Article I, Section 12 of the Declaration, shall
hereinafter include the Additional Property. .
4. The term "Lot", as defined in Article I, Section 9 of the Declaration shall hereinafter
include all of the platted residential lots described on the plat for the Additional Property
(hereinafter referred to. as the "Deersong 2 Plat"), as more particularly described in Exhibit A
attached hereto. .
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5. Tract "A" and Tract "B" and all property described on the DeerSong 2 plat as
Common Area shall hereinafter be included in the definition of "Common Area" as defined in
Article I, Section 4 of the Declaration.
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6. Tract "A" and Tract "B", as described on the DeerSong 2 plat, shall hereinafter be
a part of the Surface Water or Stormwater Management System as dermed in Article I, Section 13j'V
of the Declaration. (/) c.J1
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7. . Notwithstanding that the Additional Property shall hereinafter be included int 0
dermed term "Property", as dermed in the Declaration, the term "Property" as set forth in Art e
II, Section 5 of the Declaration shall mean and refer to the Property as originally defined in
Declaration prior to the addition of the Additional Property to the defined term "Property". g _
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8. Pursuant to the requirements of Article IX, Section 8 of the Declaration and t~ N
terms of Article IX, Section 4.B., the City of Winter Springs, Florida, hereby executes this C)
Supplemental Declaration for the sole purpose of consenting to the Additional Property to be
subject to the terms, conditions, covenants, easements and all other agreements set forth in the
Declaration.
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9. By virtue of the addition of the "Additional Property" to the PrCl'perty as set forth
in this Declaration, the Common Area shall hereinafter include a pool and cabana located on the
Common Area within the Additional Property. From and after the date hereof, the cost of
operating, insuring, repairing, replacing and maintaining such recreational facilities shall be the
obligation of the Association as defined in the Declaration and shall be included in the cost of any
assessments levied by the Association.
10. The Additional Property is a portion of the Abutting Property, as defined in the
Declaration. The Declarant is presently the owner of that portion of the Abutting Property not
included within the Additional Property (the "Remaining Property"), which Remaining Property is
more particularly described on Exhibit "B" attached hereto. The Declarant hereby reserves (i) a
perpetual, non-exclusive easement in favor of the owner of the Remaining Property, and said
owner's successors, assigns, tenants, employees, agents, guests, invitees and licensees over Tract "A"
and Tract "B",' as more particularly described on the DeerSong 2 Plat, and over all property
described on the DeerSong 2 Plat as Common Area for ingress, egress and the right to use, install,
maintain, repair and replace stormwater lines and any and all other stormwater facilities and to
drain, retain and detain stormwater from the Remaining Property on said Tract "A" and Tract "B"
and (ii) a perpetual, non-exclusive easement in favor of the owner of the Remaining Property, and
said owner's successors, assigns, tenants, employees, agents, guests, invitees and licensees over all
property described on the DeerSong 2 Plat as Common Area for ingress, egress and the right to
use, install, maintain, repair and replace any and all utilities lines and all other utiliti~ facilities
including, but not limited to, electrical, telephone, cable television, water, sewer and gas lines and
other related facilities.
11. In the event of a conflict between' the terms of this Supplemental Declaration and
the terms of the Declaration, the terms of this Supplemental Declaration shall control. Other than
as amended hereby, the Declaration shall remain in full force and effect.
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IN WITNESS WHEREOF, the Declarant has set its hand and seal as of the day and year
first above written.
Signed, sealed and delivered in the
presence of:
?/Jt.e.heL 11. Sehram
Print Name: J{",J, I A S J, t'O/f:J
Print Name:
()g~j~'
IY () So 0 d ~~ be f,'
STATE OF FLORIDA
COUNTY OF
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SAlA, INC., a on a corporatIon :.E
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I Hou g a t~ President ~
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CORPORATE SEAL
ADDRESS:
P. O. Box 533116
Orlando, Florida 32853
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The foregoing instrument was acknowledged before me this2!f. day of V~_ 199iby
HOUSHANG SABETI as the President of Sala, Inc., a Florida corporation, ~ said
corporation, who is personally known to me or has produced ~~.)~ .
_ as identification and who did/did not take an oath.
........
..'~ ~.. OFFICIAL SEAL
l~) RACHEL A. SCHRAM
i My Commission Expires
..~ II'" ~ Jan. 6. 1997
'..:~EllFf\P';... Comm. No. CC 250850
......
DEE RSONG.2
PREPAAE.'b f6'{ ~
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NOTARY PUBU
PRINT NAME: ~
COMMISSION NO: &
MY COMMISSION EXPIRES:
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EXHIBIT A
All p'roperty platted by the plat for DeerSong 2, which Plat is recorded in Plat Book ~ Co
, Page '2.' -19, of the Public Records of Seminole County, Florida.
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EXHIBIT "B"
LEGAL DESCRIPTION
Commencing at the NB comer of Indian Ridge, a Condominium, Phase II, as
recorded in Condominium Exhibit Book 25, Pages 26 and 27, of the Public
Records of Seminole County, Florida; said point being on the westerly Right-
of-Way line of Sherry Avenue; thence run N 14052'25" B 258.00 feel along
said Right-of-Way line to the Point of Beginning; thence leaving said .Right-of-
Way line run N 77030'0) " W 148.51 feet; thence run N 67015'00" W 425.00
feet; thence run S 06018'22" W 154.04 feet; thence run S 00000'00" W 51.62
feet to the northwest comer of the recreation area of the aforesaid Indian
Ridge, a Condominium, Phase II; thence continue along the west line Qf said
recreation area the following two courses S 00000'00" W 168.38 feet; thence
run S 26002'06" W 102.95 feet to the southwest comer of said recreation
area; thence run along the northerly boundary line of said Indian Ridge, A
Condominium, Phase II, N 75004'25" W 130.28 feet to the Northeast comer
of Doug's Unit #1 as recorded in Plat Book 31, Page 53 of the Public Records
of Seminole County, Florida; thence run N 56001'20" W 541.82 feet along the
North line of said Doug's Unit #1 to a point on the easterly Right-of-Way line
of Moss Road, extension per O.R. Book 1338, Pages 620 and 621, thence run
N 33001 '52" E 914.36 feet along the Eastern Right-of-Way line of Moss Road
an 80 foot Right-of-Way as established per O.R. Book 1338, Pages 620 and
62t to the Southerly Right-of-Way line of State Road 419; per O.R. Book
1139, Pages 1563 thru 1565; thence run along said Southerly Right-of-Way
line being a curve concave Northeasterly having a radius of 2420.86 feet, a
central angle of "20058'10", a chord that bears S 64055'44" B, for an arc
distance of 886.00 feet to a point on the Westerly Right-of-Way line of
aforesaid Sherry Avenue; thence run S 14052'25" W 476.42 feet to the Point
of Beginning.
LESS:
All property platted by the Plat for DeerSong 2, which Plat is recorded
in Plat Book ~~ , Page 2'. 'l~ , of the Public Records of
Seminole County, Florida.
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~.~W\i"" THE UNDERSIGNED,INDEPENDENCE MORTGAGE CORPORATION OF AMERICA, as
~"!i~<F" the owner and holder of that certain
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JOINDER AND CONSENT
(i)
Mortgage from Sala, Inc., a Florida corporation, to Independence Mortgage
Corporation of America, dated March 30, 1990, and recorded on April 9, 1990 in
O.R. Book 2169, Page 1247, Public Records of Seminole County, Florida;
Assignment of Leases and Rents by Sala, Inc., a Florida corporation, in favor of
Independence Mortgage Corporation of America, recorded on April 9, 1990 in O.R.
Book 2169, Page 1258, Public Records of Seminole County, Florida;
Collateral Assignment of Water and Sewer Rights by Sala, Inc., a Florida
corporation, to Independence Mortgage Corporation of America, recorded on April
9, 1990 in O.R. Book 2169, Page 1262, Public Records of Seminole County, Florida;
and I
UCC-l Financing Statement by Sala, Inc., a Florida corporation, as Debtor, in favor
of Independence Mortgage Corporation of America, as Secure~ Party, recorded on
April 9, 1990 in O.R. Book 2169, Page 1271, Public Records of Seminole County,
Florida
(ii)
(Hi)
(iv)
(said Mortgage, Assignment of Leases and Rents, Collateral Assignment of Water and Sewer Rights
and UCC-l Financing Statement shall hereinafter be collectively referred to as the "Security
Instruments"), hereby joins in and consents to that certain Declaration of Covenants, Conditions
and Restrictions for Deersong by Sala, Inc., a Florida corporation, dated February 10, 1992, and
recorded on February 12, 1992 in O.R. Book 2389, Page 0020, Public Records of Seminole County,
Florida (the "Declaration") and that certain Supplemental Declaration to Declaration of Covenants,
Conditions and Restrictions for DeerSong (the "Supplemental Declaration") by Sala, Inc., a Florida
corporation, to which this Joinder and Consent is attached, and hereby subordinates any interest
the undersigned may have by virtue of the Security Instruments to the terms, rights and obligations
as set forth in the Declaration and in the Supplemental Declaration.
IN I\}'ITNESS WHEREOF, the party hereto has set its hand and seal as of the ?J~'" day of ~
In~ ,19~
INDEPENDENCE MORTGAGE
CORPORATION OF AMERICA
B~C. AD~
Name: ' e, .DC-! Aktl
(type or print legibly)
As its: Senior Vice President
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Witness:
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Address:
2699 Lee Road #600
Winter Park, Fl 32789
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