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HomeMy WebLinkAboutFairway OaksJune 27 1980 NOTICE OF RESTRICTIONS AND AGREEMENT OF MAINTENANCE KNOW ALL MEN BY THESE PRESENTS: , WHEREAS, FAIRWAY OAKS DEVELOPMENT CORP.. a Florida corporation is the owner of real property located in Serlinole County, Florida. described as Jo110ws. to-wit: All of FAIRWAi OAKS, UNIT ONE, ~ccording to the plat tl: _reof as record,ed in Plat Book 23 . Pages 96/7&98, Public Reco~ds of SemL101e County, lorida. AND WHEREAS. Developer desires that all of the. above describe' real proper"-y be suhj ect to like restrictions for- the mutual benefit and protection of itself and all parties. individual. corporate or otherwise. who may hereafter purchase or acquire said property or any part thereof or any interest in. or lien upon said property or any part thereof. NOW THEREFORE in consideration of the premises, Developer does hereby declare the above described real property to be subject ......... to the following restrictions. reservations, covenants and conditions binding upon said Developer and upon each and every party whether indiv~dtia1. corporate or otherwi~e, who or which shall have any right, title or interest in said real property or any part thereof. and their respective heirs. perJ:lonal representatives. successors and assigns, said restrictions, reaervations. covenants and conditions b~ing as follows: 1. DEFINITIONS. .. . ~ (a) "Association" sPall mean and refer to Fairway Oaks at Tusc~i11a HqmeownersAsspciation. Inc., a Florida corporation not for profit:, its successors and aSE\igns. .~ (b) "Properties" sh411 lflean and refer to all of;..hat artain property referresl to and designated as "Common area". on Ie Plat of Fairway Oaks Unit One, r4blic Records of Seminole County. o~ida. (c) "Lot" shall mean and refer to any plot or parcel _ of1:'eal property as shown upon t11G r.eGorded plat of said Fairway Oaks. Unit One. \.lpon which a single family dwelling isconatructed or is to be constructed. --"---' .co "~:(~~\':fIP "l'A. ......... ~.ltJ~~Jlt "'~" I. - "!IiI .- (d) "Member" shall mean and refer to every person or entity who holds a membership in the Association. (e) "Owner" shall mean and refer to the record owner whether one or more persons or en~ities.of the fee simple title, to any lot which is a part of the Develdpment. including the seller of an executory contrac: of sale. hut excluding those having such interest merely as secur~.ty for the performance of an obligation. (f) "Developer" shall Lnean and refer to Fairway Oaks Development Corp.. its succeSSOrS. assigr, and transferees ifs\.1ch ~uccessors.assigns, or transfer2es should acquire more .~ ..~t:hanotle unrieveloped lot from the Dt:..iTe10perfor the purpose of develop- ment. (g) "RestrictioIlj;" shall mean and refer to these Restrictions and Agreement of Maint~nance applicable to the Development recorded in the oLiice of theClerl<: rit the Circuit Court. Seminole County. Flor1L"a. ,.,------ , . ._~.'- ,~. :."'.,' "~ .... .<,:fl~'~":~:'~"":"';_" (h) "Dev~lopment" shall mean and refer to all 01 the property as is herei~above set forth and as from time to time added to in conformance herewith. (i) "Maintenance Year" shall me~n and refer to a year running from July 1st to June 30thJf each year. 2. ASS0CIATION MEMBERSHIP. Every person or entity who is a record owner of a fee or undivided fee interest in any lot whic.! is subject by covenant of record to assessment by the Association, including the-Seller of an executory contract of sale, shall be t member of the As~ociation. The foregoing is not intended to include persons or enLities who hold an interest merely as security for the performance of an obligation. No pwner shall have more than one membership per lot owned. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to as~~ssment by the Association. Ownership of such lot shall be the sole qualification for membership. 3. VOTING MEMBERSHIP. The Association shall have two classes of voting membership: Class A. Class A members shall be all those owners as defined in Paragraph 2 hereof with the exception of the Developer. Class A members shall be entitled to one vote for each lot in which they hold the interest required for membership by Paragraph 2. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall b8 exercised as they among themselves determjne, but in no event shall more than one vote be cast with respect to any lot. Class B. The Class B member shall he the Developer. The Class B member shall be entitled to three (3) votes for each lot in which it holds the interest required for membership by Paragraph 2, provided that the Class B membership shall cease and 'be converted to Class A membership on or before seven (7) years from date hereof. 4. -USE OF COMMON AREAS. Every member shall have a right u. -- of enjoyment in and an easement to and over the Properties and such ~~ ~ easement shall be appurtenant to and shall pass with the title to ~Q. ~ ~ery assessed lot, subject to the following provisions: B (:) 1.o?i Co) ~ ~ (a) The right of the Association to limit the number i.~ ... Qii gues ts of members; ~.~ m (b) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the ourpOfle of improving the Properties and facilities and in qid thereof to mortgage said Properties, and tile rights of such mortgagee in said Properties shall be subordinate to the rights of tl" homeowners hereunder; (c) The right of the Association to suspend the voting rights of and right to use the recreational facilities by a me~1ber, (1) for any period during which an assessment against his lot remains unpaid; and (2) for a period not to exceed thirty (30) days for any ~nfraction of its pubti3hed rules and regulations; (d) The right of the Association and/or Developer to dedicate or transfer all or any part of the Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer by the Association shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the Class A membership and two-thirds (2/3) of the votes of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor mnre than sixty (60) days in advance. - 4.. - ~~ C"'.J t.t 0 I"' ...0 ~ ... cc .-.. - 5. ASSESSMENTS. (a) The Developer, for each lot owned within the development, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the Association: (1) annual qssessments or charges and (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter nrovided. The annual and special 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 property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of s"ch property at the time, when the assessment fell due. (b) The assessments levied by the Association shall be used exclusively for the purposes 0:': promoting the recreation, health, safety, and welfare of the residents in the Development and in paLticulAr for the improvement and maintenance of the Development, ~ervices, and facilities devoted to this purpose and related to ~lh; use and enjoyment of the Development and of the homes situated ~pon the Development. ..... ~ (c) Until July 1st of the year immediately following . ~he conveyance of the first lot to an owner, the maximum annual .ssessment shall be THREE HUNDRED AND NO/lOO DOLLARS ($300.00) per lot. (d) From and after July 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be increased effective July 1st of each year without a vote of the membership in conformance with the rise, if any, of'the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July. (e) From and after J~ly 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next succeeding one year, and at tl"'\e end of each such period of onE' year, for each succeeding per10d of one year, provided that any such change shall have the UHtHmt of twn-thirclB (ZJ3) of the votf'!'j of each class of members who are voting in person or by proxy, at a meeting duly called for this purposes, written notice of which shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting, setting forth the purpose of the meeting. (f) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment of an amount not in excess of the maximum. 6. SPECIAL ASSESSMENrS. In addition to the annual assessment authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part, the cost of any constructiu~ or reconstruction, unexper.ted repair or replacement of a described capital improvement upon the properties, inclucing the necessary fixtures and personal property rel[~ed thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who arc voting in person or by proxy at a meeting duly called for this }urposee, written notice of which shall be uent to all members not leas than ten (10) days nor more ... 3 ... ~-...,". IJ.' ("r") (,,;:. Q sa:: c.c ! - .. :;i ~ .. co C"-t - than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both annual and special assessments must be fixed at a un~form rate for all lots and may be collected on a m;'.nthly basis, as. is more specifically set forth herein; provided, however, the foregoing requirement of uniformity shall not prevent special assessments against any particuL:.r lot which are established pursuant to t~e terms of this Decla~ation. 7. QUORUM FOR MEETINGS ON ASSESSMENTS. At the first meeting called, as provided in sections 5(e) and 6, hereof, the presence at the meeting of members or of proxies entitled to cast sixty per cent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth in sections 5(e) and 6, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subs~quent meeting shall be held more than sixty (60) says fal~owing the preceding meeting. ~ 8. TERM OF ASSESSMENTS. The annual assessments provided ~or herein shall commence as to all lots on the first day of July, 1980. athe first annual assessment shall be adjusted according to the iumber of months remaining in the maintenance year. The Board f Directors shall fix the amo~nt of the annual assessment aga:~st ach lot at least thirty (30) days in advance of each annual assessment ~eriod. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in m:-iting signed by an officer of the Association setting forth ",'lether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. The Developer, shall, however, maintain all 'msold and completed units, together with all vacant lots until a transact~on is completed in the name of an Owner-Occupant. , --... 9. DELIN~UENT ASSESSMTNTS. Any assessments which are not paid when due s all be delinquent. If the assessment is ~ot paid within thirty (30) days after the due date, the assessment shall bear interest fro:rr the date of delinquency at the rate of fifteen per cent (15%) per annum, and the Assoc:ation may bring an action at lav-: against the owner t"~rsonally obligated to pay the same, or foreclose the lien against the p:operty, and interest, costs, and reasonable attorney's fees ()~ any such action shall be added to t~e amount of such asseSSUient. No owner may waive or otherwise escape 1iabi1it: for the assessments provided for herein by non- use of the properties or abandonment of his lot. 10. MORTGAGES; FORECLOSURES. The lien of the assessments provided fer her8~n shall be subordinate to the lien of any mortgage or mortgages. . Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of the foreclosure ther~;of, shall extinguish the liel1. of 'such assessments as to payment thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve such lot from liability for any assess- ments thereafter becoming due or from the lien thereof. 11. ASSESSMENT EXEMPTIONS. The following property subject hereto shall be exempt from the assessments cre8ted herein: (a) All properties dedicated to and accepted by a local public authority; (b) The properties designated as "Common Area", and - 4 - - (';"'~'1 , ~ i1. c-:J It c.o -' c ;. ..d" co f'o.I - (c) All properties owned by a charitable or non- profit organization exempt from taxation by the laws of the State of Florida or United States of ft~e~ica. However, no land or improvements devoted to dwelling use shall be exempt from said assessments, regardless of ownership. 12. RESIDENTIAL USE ONLY. No lot shall be used except for single family residential PU~POS$S, unless otherwise specified Ou the plat. No building shall be el:'ected, altered, placed, or permitted to. remain on any lot other than one single family dwelling not to exceed two (2) stories in height and a private garage for not more than two (2) cars. 13. ARCHITECTURAL COl\fTROL COMMITTEE. The Architectural Control Committee shall be composed ol: three (3) members of the Board of Directors of Fairway Oaks a~ Tuscawil1a Homeowners Association, \ Inc., (a Florida corporation not . fa. r Erofit), Jr three (3) persons appointed by the Board of Directors o~ ~did corporation not for profit who shall not necessarily be members of the Board of Directors. In the event of death of, or resignation of any member of the committee, the Board of Directors shall designate a successor within sixty ~601 days from the date of said death or resignation. 15. TIME FOR APPROVAL, The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprJve within thirty (30) days after plans and specifications have been s~mitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 16. SQUARE FOOTAGE. clo principal residence shall be erected or allowed to remain on any lot unless the-square footage area thereof, exclusive of screened porches, garages and storage rooms, shall equal or exceed one thousand (1,000) square feet; provi0~d, however, that two-story homes need only have seven hundred (700) square feet on the ground floor. .. 17. TEMPORARY RESIDENCES. No structure of a temporary character, trailer, boat, moto~ home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residenc0 or appendage to such residence, either temporarily or permanently. le. PROHIBITED VEHICLES. No ~otor homes, recreational vehicles, boats, trailers or motor vehicles in excess of a 3/4 ton rating, shall be allowed to be kept or parked on any lot, cornmon area, or private road right of way, in excess of forty-eight (~8) hours. 19. AERIALS/ANTENNAS. No ~adio or television aerial or antenna nor any uther exterior electronic or electrical equipment or devises of any kind shall be :i.nstallei or maintained on the exterior of any structure located on a lot 0'" on any portion of any lot occupieu by a build:Ll1g or other structure unhHils and until the location, size and design ~hereof shall have been approved by the Architertural Con~rol Committee of the Homeowners Association. - 5 - 20. MAIL/PAPER BOXES. No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspapers, * or ma~azines, or similar material shall be erected or located on any '. 'lot unless the size, location, design and type of material for said .~~ . .' boxes or receptacles shall have been approved by the Architectural " '~~ Control Committee of the Homeowners Association. 21. NUISANCES PROHIBITED. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become 'an annoyance or nuisance to the neighborhood. ., 22. ANIMALS, ETC. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. However, no more than three (3) dogs or cats shall be kept in anyone household at anyone time. LlJ '-OJ < =c.. - c::o COt ...., II:: I. 23. SIGNS. No sign of any kind shall 'be displayed to the public view on any lot except one professional sign of not more than one (1) square foot, one (1) sign of not more than five (5) square feet advertising the prolJerty for sale or rent, or signs U? used by a builder to advertise the property during the construction Cj aBd sales period. c:.o Lt- g 24. TRASH; ETC. No lot sh~ll be used or maintained as aldumping ground for rubbish. Trash. garbage, or other waste shall .... ~t be kept except in sanitary containers. All equipment for storage 00 ~ disposal of such materials shall be kept in a clean and sanitary ~ ~dition, and except during pick-up, if required to be placed at the street, all containers shall be kept at the side or rear 0: all dwellings out of sight from the street. There shall be no burning of trash or any other waste materials. .----- 25. wn,DOWS AND FRONT FACADE. It is prohibited to hang and/or dust garments, rugs, or any other materials from the windows or from the front facade of any residence. - 26. FE::::CES, WALLS, ETC. No fence, wallar other structure shall be erecteG; placed or altered on any lot between any private roau right of way and any building situated on said lot. Prior to the erection, placement, or alter~tior of any fence, wall, or other structure behind said area, Owner shall obtain written approval of the Architectural Control Committee. The maximum allowable height of any fence or wall, shall be eight (8) feet. 27. SHRUBBERY. It is prohibited for an Owner of a residence, membe~ of his family, or guests to plant any shrubbery, trees, or plants in any position on a lot, common area, or private road right of way, without the prior written consent of the Architectural Control Committee. 28. SWIMMING POOLS. Any swimming pool. constructed on any lot shall be subject to the following restrictions, reservations and conditions: (a) Construction may be-only of concrete or a concrete- -type material. (b) The outside ~dge of any pool wall may not be closer than five (5) feet to the walls of the house. (c) No pool wall may be constructed or placed closer than five (5) feet to the sides and rear lot lines, except that no pool wall may be constructed or placed closer than forty (40) feet to any property line abbutting the adjacent golf course or closer than twelve (12) feet to the platted right of way of Northern Way. - 6 - . - ~ 0< Ip.. i ~ "'-- (d) No pool or scr~ening may be constructed within (recorded) designated utility or drainage easements. (e) No screening of pool may be constructed or placed nearer than forty (40) feet to any p~operty line abutting the adjacent golf course. (f) No pool ,or scree~ing shall be erected or placed on any lot until the construction plans and specifications and a plan showing.the~r location have been approved by the Architectural Conrrol Committee. (g) No pool or screening ihall be constructed within twenty-five (~5) feet of any private road right of way. 29. PARTY WALLS. (a) General Rules of Law to A~ply. Each wall which is built as a part of the original construct~on of the buildings upon the Properties and placed on the dividing line between the Lots, shall constitute a ~arty wall, and, to the extent not inconsistent with the provisions of tfi~s Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (b) Sharin The cost of reasonable repair an maintenance 0 a party wa shall be shared ~by the Owners who make use of the wall in proportion to such use. ~ ~ (c) Destruction by fire or Other Casualty. If a - p~ty wall is destroyed or dam4tiEHl by fire or other casualty aIIJ i~ is not covered by insurance, any Owner who has used the wall m~ restore it, and shall conttibute to the cost of restoration ~ t~reof in proportion to their use without prejudice, subject, however, co t~ the right of any such Ownera to o~ll for a larger contribution ~ f~m the others under any rule or ~aw regarding liability for negligent --or willful asts or omissions. , (d) Weatherproo~in&. Notwithstanding any other provisions of this Article, an Owner who y his negligent or willful act causes the party wall to be exposed tp the elements shall bear the whole cost of furnishing the necessary protection against such elements. (e) Right to Contr+b~~ton Runs with Land. The right of any Owner to contribution frot'" any other Owner under this Article shall be appurtenant to the land and ahall pass to such Owner' c; successors in title. 30. MAINTENANCE RESPONSIBILITIES. (a) Association. The AssociaLon, subj ect to the rights of the owners as set forth in thLs Declaration, shall be responsiblp for the exclusive management and control of the common areas and privat~ road right of ways shown on the plat of Fairway Oaks Unit One and all improvements thereon. The Association shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association's duties shall extend to and include the streets as shown on said plat. In addition, the Associa- tion shall provide lawn maintenance for each lot, which shall consist of mowing, trimming and edging the grass on each lot. The Association shall retain an easement for ingress and egress upon and across all portions of each lot for the purpose of said lawn maintenance. - 7 - ~ w ;: - ~ " (b) Owner's Responsibility' Each lot owner shall provide exterior maintenance 01 the dwel ing unit upon his lot, including painting, repairing, replacing and caring of roofs, gutters, downspouts, exterior building surfaces, and other exterior improvements, including patio fences, if any. Each lot owner shall also maintain all shrubbery on his lot, and all patio areas and atrium areas. Such maintenance shall include the landscaping of his lot, patio and atrium, "subj ect to the apprl.Jval of the Architectural Control Committee as herein provided. Should an owner neglect or fail to maintain any shrubbery on his lot, patio areas or atrium areas, or neglect to maintain the exterior of his dwelling unit, then the Association may maintain or repair the same at such owner's expense. ~he cost thereof shall become a special assessment against that owner's 10~, provided that the requirements for levying a special assessment under paragraph 6 hereof are met prior to actual maintenance or repair. r- c co (c) Alterations. No change in color of any exterior walls or change in siding, shingles or other exterior materials installed by Developer shall be all~"1ed. The intent of this subpara- graph is to main~ain the uniformity of color of exterior walls and types of materials used to replace thosi' instulled by Developer. d ;1. UTILITY EASEMENTS. li:Asements for installation and ~intenance of ULi1ities and d~ainaie facilities are reserved as ~c'~ on the recorded plat. Within these easements, no structure, lanting or other materials sha~l p~ placed or permitted to remain ich may damage '"'Ir interefere with the '.nsta1lation and maintenance utilities The easements are for the benefit of each lot and 1 improvements located on them, if any, shall be maintained continuously -- by the Association, pursuant to the covenants of maintenance provided for herein, except for those imp~ovements for whch a public authority or utility company is responsible. .c- eo N ~. APPLICABILITY. Each p~rson or entity who is a record owner of a fee or undivided fee interest in any lot shall be subject to these restrictions, together with the provisions of the Articles, Bylaws and Rules and Regulations of Fairway Oaks at Tuscawilla Homeowners Association, Inc. 33. AMENDMEHT. These covenants and restrictions shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot subject to this Notice of Restrictions and Agreement of Maintenance, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) year: from the date this document is ~ecorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this document may be amended during the first twenty (20) year period by an instrument signed by not less than sixty (60%) of the lot owners, and thereafter by an instrument signed by not less than fifty per cent (50%) of the lot owners"provided, however, that any institutional mortgagee which holds a note secured by a mortgage encumbering any real property located within Fairway Oaks Unit One must give its written consent prior to any amendment hereof. Any amendment must be properly recorded, provided, however, Paragraph ,6 may not be amended without the prior written approval of Developer. J4. REMEDIES FOR VIOLATIONS. For violation or a breach of any provisions herein by any rerSon claiming under by, through or under the Developer andlor Association or by virtue of any judicial proceedings any o~vner ndlor the Association or an institutional first mortgagee, or any of them, severally, shall have the right to proceed at law for damages or in equity to cc~pel compliance of any of them, 0r for such other rl ~ief as may be appropriate. .. 8 - l.l- ~ oCt m.c... -=: c::o 4:011' t! .... ~ In addition to the foregoing right, the Association shall have the right whenever there shall have been built within the parcel any structure which is in violation of this Agreement, to enter upon the property where such violation of this Agreement exists, and summarily abate or remove the same at the expense of the owner, provided, however, the Association shall then make the necessary repairs, construction, etc., 'necessa~y to insure that the property and i'~rovements where such. violation occurred shall be in the same condition as it was before said violation occurred, and any such entry and abatement or removal shall not be deemed a trespass. The failure promptly to enforce any of the provisions of this agreement shall not bar their subsequent endo~sement. 35. CONVEYANCE OF COMMO~ AREAS. The Developer hereby covenants Zor itself, its successo~s and/or assigns, that it will convey in fee simple title to ~he Association all properties designated "common areas" as delineated on the plat ofFai~way Oaks, Unit One. co c:::J c.o 36. STAGE DEVELOPMENT. Notwithstanding any other provision of this Declaration, or the Ass,c1ation's Articles of Incorporarion, or Bylaws, to the contrary, the additional lands described on Exhibit A attached hereto and herein incorporated by reference may be annexed in whole or in part, by Develope~ at any time prior to seven years from the date of this Declaration, and made subject to the governing PJovisions of this Declaration, all without the consent of the Class ~members of the Association by Developer's recording in the public ~cords of Seminole County, Florida a (i) customary subdivision ~at of the property to be annexed; and (ii) an appropriate amendment ct the Declaration. Upon the occqr~ence of both of the foregoing, ~e lands encompassed by such subdivision plat will become subject ~ all of the provisions of this Declaration as if such property i~itially had been set forth and deao~ibed herein. Without limitation, each plot or parcel shown upon s~oh ~ubdivision plat shall constitute a "Lot". and each plot or parcel designated as "Connnon' Area" will constitute a portion of the "Properties", for all purposes under this Declaration and t1-'e Association's Articles of IncorporatiJn and Bylaws;-a.nd such Pr01?erty will constitute a portion of the "Develop- ment" for all purposes. Until such an amendment is so recorded, however, no provision of this Declar .tion will be effective as to all or any portion of the lands described on Fxhibit "A" attached, nor shall this Declaration constitute a cloud, doubt, suspicion, or encumbrance on the title to such lands. Developer's rights under this paragraph mny be assigned by Developer to the then owner of the fee simple title to all or any po~tion of the lands described on .~xhibit "A" attached and following such assignment, may be exercised by such fee owner, who will then constitute Il "Developer" under this Declaration, and the Association's L~rticles of.Incorporation and Bylaws, for all purposes. , ..::f- a::> fN IN WI~ESS WHEREOF, we have hereunto set our hands and seals this Ct.c, --day of -::r,^r'~, 1980. WITNESSES: FAIRWAY OAKS DEVELOPMENT CORP. k// L~~ ~~ By: l' .,..;. C J 'l \' (CORPORATE SEAL) .' , r .. - 9 - " ~TATE OF FLORIDA COUNTY OF :,EMINOLE BEFORE ME, a duly ,authrrized Notary Public in and for the State of Florida at Large, personally appeared C. A. ~~~TTZ, known to me personally and' known to be the President o$"t~~:r1Nay', Oaks Development Corp. L.he corporation described in ~.he;:-.fRre'g:o'~nJ!;' Notice of Restrictions, and he acknowledged bef~re me tfiar/h~ei~cuted the foregoing ir his capacit~ as Pr~dident of Fairway,paks De~~pment Corp, for the purposes there~n expresserl. : ,',:. -r ~t>- i;:: ~ ", . ", ../ 0 r f .. &.-, .:: 'n~NESS rn~ handilnd offi~~al ~eal at sanfo~,~),':}?~~~~9.~'e .:: County, Flor~da, th~s ;l.(,~ day of J '."C') \:;;, 1980. ", -' r' l ..' '\3\ _,- tI, , " \.~ --' . ~ , ' ;"'1 1,1'- PUBLIC Stat of Florida at Large My Connniss ion Expires: Notary Public. State of FbilJ3 ~t Lar)e Mv Commission Expires Jan. i4. 11t;,J, _ haded DV' American Fuo b. (.~"'..:l11'r (.. IT.j..IlW' This instrument was prepared by: JAMES A. BARKS, of SHINHOLSER, LOGAN AND MONCRIEF Post Office Box 2279 Sanford, Florida 32771 (305) 323 -3660 en 1.1.1 c;:) CJ J .: c.o ..... &; d .,....", Ii ~ &&I I. -J (:) ... Z 00 m e.... .. 10 - ., - .. ,.. '. u.; (I" 11 :: co :; ~ il!i ~ iC"oool EXHIBIT l'A" From the Northeast corner of Winter Springs U~it 3, as recorded in Plat Book 17, Pages 89 and 90, Publi' Records of Seminole County, Florida, run N.870S1'00"E. along an Easterly extension of the North line of sa~d Winter Springs Unit 3, a distance of 395.67 feet to a point of beginning on the East easement line of a Florida Power anc Light easement recorded in Official Records Book 183, Pege 130, Public Records of Seminole.County, Florida; run thence N.3l 45'52"W. along said East e sement line, 2590.84 feet to a point in the centerline of Howell Cr(~k; run thence along said centerline of Howell Creek the following courses: - N.55048'42"E. 39.28 feet N.13057'00"E. 100.44 feet S.65042'28"E. 53.92 feet N.16008'27"E. 61. 62 feet N.29004'00"W. 34.04 f~et N.84028'41"E, 93.38 feet N.40020'42"E. 61. 28 feet N.lOolO'05"E. 55.13 feet N.81028'42"E. 61. 22 feet N.02038'26"W. 56.84 feet N.3l048'19"E. 91. 69 feet N.28009'35"W. 65.08 feet S.76052'16"E. 74.79 feet N.40001'25"E. 33.49 feet N.40043'u4"W. 40.96 feet N.07008'54"E. 47.03 feet . S.500l0'05"E. 90.81 feet N.030l0'47"E, 47.03 feet N.36044'0611E. 64.26 feet; thence leaving aforesaid centerLine of Howell Creek run: S.26054'18"E. 364.56 feet S.56Ol7'36"E. 186.67 feet -.i --.. S. 22005' 05'113:. 167.53 feet I.L. S.lS03l':t.5"E. 333.70 feet Q S.13005'14"E. 426.26 feet (.) ;J S.23033'39"E. 353.84 feet S', 69024' 09":: . 315.33 feet :z: ffi S.3l023'45"E. 652.31 feet U) L~. 68002' 37"E. 699.47 feet .- N.75009'5:t."E. 643.68 feet S.29033'07"E. 299.19 feet S.53031'50''E. 231. 34 feet S . 110 113 ' 32 "E . " 17,70 feet to a point on the proposed North right of way line of the Easterly extension of Nor~hern Way, said point being on a curve concave Southeast erl" WiSh a radius of 1258.15 fe~t; thence from a tangent bearing of S.56 32'17"W. run Westerly alpng the arc of said curve, and along said proposed Nort-h right of way line, t:.rough a central angle of 02053'04", a distance of 63.34 feet to the point of reverse curve of a curve concave NOEther1y, with,a r?dius of 1246.85 feet and a central angle of 41 06'47"; run thence Westerly along the arc of said curve 894.69 feet to the point of tangency; run thence N.85014'00" 512.23 feet to the point of cu+vature of a curve concave Southerly, with a radius of 3349.47 feet and a central angle of 605';'00"; run thence Westerly along the arc Sf said curve 404.34 feet to the point of tangency; run thence 8.87 51'OO"W. 367.62 feet to the point of beginning, containing 71.4060 acres, more or less, all of the above described being in the City of Winter Springs, Seminole County, Florida. ~ESS: FAIRWAY OAKS, UNIT ONE, according to the Plat thereof as recorded in Plat Book 23 , Pages 96.97 & 98 of the Public Records of Seminole County, Florida. - 12 .. -- l.l..' f:. Ie: ~ 1I. . . . JOINDER OF ~ORTGAGEE FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SEMINOLE COUNTY, the owner and holder of mortgageSupon the following lands: All' of FAIRWAY OAKS, uNIT ONE, according to the plat thereof as recorded in Plat Book 23 , Pages 96,97, &. 98, of the Public Records of Seminole County, Florida. hereby consents to these Restri~tions and subordinate the lien of its mortgag~ to these Restrictions. WITNESS: L~\""I" ~~ Q.I - , :/ ~Wd4 ~,j1~~ , l.. '- r ~ ......,_1 ';1' ~, C) '-.,-n--, \-..J::::. -- '--' G. T. Edmonds, President ATTEST: '. . <::) ) '/ ) ... '. i L. _ /,,it,l ,''-I L" ( "'( 1:, (-I. 1(;.< ._~~: MaxLle Ekern, .~:ecretar~TTreasurer .. -.~ .. cr ii o (j t&I .. ~ CD ~ ~ STATE - --. .. . . I I , I , (CORPOMTE ~L) OF FLORIDA: COm~TY OF SEMINOLE: . ~..i.:....: BEFORE ME, a duly authQrized Notary Public ,in and for the Skat~ of Florida at Large, personally appeared G. T. Edmonds and ,.Milii~"\}~.ke"tn known to be th~ President and Secreta~-freas~rer ',off FtRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SEMINOLE CO T , an ';have ackn<?vledged before me that they executed the foregoing for the ~~~~\S\..therein expressed. ',/' '.... . ".:, ,'::., r! r' WITNESS my handc:pd official seal at Sanford, Seminole County," F'lorida, this 01 ,~ da} of ,-:r",tle:- , 1980. fA Y Pub ic tnmission expires: '-~~.8~ Rotaty Publi<. State of Rorida at Laroe Mv Commission Expires Jan. 24. 1982 ~ondod 8y American Firo & Cas:u.Uy '",mp.",.t .. 11 - *" ",_~...___J.__.._____..,.._.~. .. <..,.,,~..'-