HomeMy WebLinkAboutGeorgetowne Unit 3
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RECORO'- & VERIFIED
93 OCT 29 AM 9: 37
488095
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GEORGETOWNE UNIT III
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KNOW ALL MEN BY THESE PRESENTS, That this Supplemental Declaration:lf -.J
Covenants, Conditions and Restrictions ("Supplemental Declaration"), made by and 0
entered into this 2.5 day of October, 1993, by GEORGE WIMPEY OF FLORIDA, IN~,
a Florida corporation, hereinafter referred to as Declarant, n
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WITNESSETH, That ? ~
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WHEREAS, Declarant is the owner of the following described property:
All of GEORGETOWNE, UNIT III, according to the Plat thereof as recorded in
Plat Book 4G:" Pages 9 \ through 94-; inclusive, Public Records of Seminole
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County, Florida (hereinafter referred to as "GEORGETOWNE UNIT III"); and
WHEREAS, pursuant to Article VII of that certain Declaration of Covenants,
Conditions and Restrictions dated March 18, 1987, and recorded in O.R. Book 1830,
Page 1485, Public Records of Seminole County, Florida, and re-recorded in O.R. Book
1845, Page 1723, Public Records of Seminole County, Florida, as amended by First
Amendment to Declaration of Covenants, Conditions and Restrictions, dated
September 29, 1987, and recorded in O.R. Book 1891, Page 236, Public Records of
Seminole County, Florida, as amended by Second Amendment to Declaration of
Covenants, Conditions and Restrictions, dated February 28, 1989, and recorded in
O.R. Book 2049, Page 277, and as amended by Third Amendment to Declaration of
Covenants, Conditions and Restrictions dated August 20, 1993 and recorded in O.R.
Book 2645, Page 553, all in the Public Records of Seminole County, Florida
(hereinafter collectively referred to as the "Original Declaration"), Declarant agrees to
annex GEORGETOWNE UNIT III, to the property described in the Original Declaration;
and
WHEREAS, the annexation of GEORGETOWNE UNIT III will expand the scheme
of the covenants and conditions of the Original Declaration to include GEORGETOWNE
UNIT III; and
WHEREAS, the Owners of lots in GEORGETOWNE UNIT III shall be entitled to
the use and enjoyment of all Common Areas defined in the Original Declaration and
any additions thereto and shall be required to pay their proportionate share of
assessments for the privilege of such use; and
WHEREAS, this Supplemental Declaration may contain complementary additions
and modifications of the covenants and conditions contained in the Original
Declaration; provided, however, that nothing in this Supplemental Declaration shall be
construed to limit, diminish or revoke the rights of the Owners under the Original
Declaration; and
WHEREAS, GEORGETOWNE UNIT III shall become subject to the jurisdiction of
GEORGETOWNE HOMEOWNERS ASSOCIATION, INC. and each Owner of a lot in
GEORGETOWNE UNIT III shall become a member of said Association in the same
manner and under the same conditions as set forth in the Original Declaration.
NOW THEREFORE, Declarant agrees that:
1 . GEORGETOWNE UNIT III is hereby added to the property described in the
Original Declaration.
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2. Articles I through X, inclusive, of the Original Declaration are hereby
incorporated in and made a part of this Supplemental Declaration as fully as if set out
in their entirety herein.
3. GEORGETOWNE UNIT III shall be held, transferred, sold, conveyed and
occupied subject to the covenants, conditions and restrictions as set forth in t~
Original Declaration and in this Supplemental Declaration. :t
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4. The following regulations, restrictions, easements, covenants a~
conditions are hereby imposed upon each and every lot in the said GEORGETOW~
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UNIT III Subdivision. ~
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ARTICLE I - REGULATIONS
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SECTION 1. Land Use and Building Tvoe. No lot shall be used except for
residential purposes. No building shall be erected, altered, placed or permitted to
remain on any lot other than one detached, single-family dwelling having a minimum
air-conditioned living area of 1,200 square feet. None of the dwellings shall exceed
thirty-five (35) feet in height.
SECTION 2. -* Building Location (Setbacks). A.tront setback Jine of twenty
QOl fe~t is required for all lots. A !ear setback Iin~of fif!.een (1 ~ feet is required,
exce~that a rea~ack of twenty-five (25) feet is required for the following lots:
Lots 67 hrougb~inclusive; and further, within this twenty-five (25) foot setback
no poo s (measured from the water's edge), pool enclosures or other structures shall
be allowed within ten (10) feet of said rear lot line or sides in the cases of corner lots.
On all other lots, swimmino oools (measured from the water's edge), shall not be
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located closer tha..!!...five ~!i) fp~t from any side lot line or t~fl p O)Jeet from any rear,
TOt line. Screen enclosures shall not be located closer tITan seven '(7) feet from any
_~a~t line, providing that there is no easemen~ on the rear of the property that would
prevent this. In the instances where the screened pool enclosure is constructed in
such a manner 'that the enclOSure is attached to the fence or wall of the contiouou~
property, then there shall be an easement or license for the J1l1rrn~p. of ~tt~r.hingtbp
screened pool e.rH~losbJro to th9 f9nc9 or well
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On any corner lot, except for those specific corner lots delineated herein no
screened pool enclosure shall be allowed within seven and one-half (7-1 ~) feet of the
$ide lot lines and no swimming pool shall be loc.aler! within eight and one-half (8-1 r;.)
feet from the side lot line.
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~, there shall be a minimum of ten (~ between each and ever'(
dwelling.
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SECTION 3. Temporarv Buildings. Except for construction, sales and
marketing structures, trailers or buildings owned or allowed by Declarant, no tents,
trailers, shacks, tanks, temporary or accessory buildings or structures shall be erected
or permitted to remain on any Lot or Improved Lot without the written consent of the
Association.
SECTION 4. Nuisance and Tresoassing. Nothing shall be done on any
Lot or Improved Lot which may be or may become an annoyance or nuisance to the
neighborhood. In the event of any questions as to what may be or may become a
nuisance, such question shall be submitted to the Association for a decision in writing,
which decision shall be final. The Board of Directors shall have the authority to have
any unauthorized person arrested or unauthorized vehicle removed from the
Declaration Property.
SECTION 5. Signs. Other than Declarant's rights set forth above, no sign
of any kind shall be erected or displayed by an Owner on any of the Lots, Improved
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Lots or Common Area or any structure thereon unless the Association has approved
in writing the design, materials, lettering and location of said sign, except one (1)
normal real estate sign not exceeding 216 square inches indicating the property is
"For Sale" or "For Rent".
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SECTION 6. Laundry. There shall be no exterior clotheslines or disil@yO'\
of clothes, sheets, blankets, or other laundry on any Lot except those clotheslinefto ~
be used as a part of, and those displays of laundry displayed on, a clothesline o@n
umbrella or roll-up type, which shall be collapsed or rolled up when laundry is ffpt
being dried, and which shall only be placed in the rear yard of an Improved Lot cwd
which cannot be seen from the street. ? ~
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SECTION 7. Weeds and Refuse. No weeds, underbrush or other <..n
unsightly growths shall be permitted to grow or remain upon any Improved Lot, and
no refuse pile or unsightly objects shall be allowed to placed or suffered to remain
anywhere thereon; and in the event that the Owner shall fail or refuse to keep his
Improved Lot free of weeds, underbrush or refuse piles or other unsightly growths or
objects, then after giving the Owner fifteen (15) days written notice, the Association
may enter upon such Improved Lot and remove the same at the expense of the
Owner, and such entry shall not be deemed trespass. All garbage or trash containers
must be placed in walled-in areas or bins so that they shall not be visible from the
adjoining properties.
SECTION 8. Vehicles and Reoair. No inoperative automobiles, trucks,
trailers or other types of vehicles shall be allowed to remain either on or adjacent to
any Improved Lot for a period in excess of forty-eight (48) hours. All boats, boat
trailers, detached campers and other type detached trailers are prohibited, without the
specific approval, in writing, by the ARB. Small recreation vehicles (vans) are allowed
if used as one of a maximum of two vehicles in the family and parked within the
Owner's Improved Lot. Any other permanent licensable vehicle must be specifically
approved by the ARB. Temporary exceptions to this rule may be granted in writing
by the ARB or by the Directors of the Association.
SECTION 9. Household Pets and Livestock. No animals, livestock or
poultry of any kind shall be raised, bred or kept on any Lot or Improved Lot except
that dogs, cats or other usual household pets may be kept, provided that they are not
kept, bred or maintained for any commercial purpose and provided that they are
leashed when off the Owner's premises.
SECTION 10. Mailboxes. All mailboxes shall be of the same design and
construction. It shall be the duty of each Owner to maintain said mailboxes in their
original condition. Should the mailboxes become damaged beyond repair, then it shall
be the duty and obligation of the Owner thereof to purchase another mailbox from the
Association and to pay for the installation thereof.
SECTION 11. Fences. No fence or wall shall be constructed, erected or
maintained on or around any portion of a Lot that is within the minimum front building
setback line, nor, in any event, any closer to the front line than a line paralleling the
front building wall of the residence dwelling. This prohibition shall not apply to any
subdivision perimeter wall or fence. Within the other portions of the Lot, no fence or
wall shall be erected which is greater than six (6) feet in height. No material shall be
used for any fence or wall other than redwood, or other solid wood, brick or stone.
No chain link nor exposed concrete block (other than decorative or textured block)
shall be used.
In any instance where a fence or wall is constructed along the common
boundary line of any lot, whether it be a rear lot line or a side lot line, there shall be
a perpetual easement for the construction and maintenance of a fence or wall. The
owner of each lot shall have possession of that section of any fence or wall located
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on said owner's lot an shall be responsible for the maintenance thereof. Any
subdivision perimeter wall or fence that may be built shall not be removed, altered or
damaged in any manner.
SECTION 12. Mechanical Features. All exterior pumps, motors, air
conditioning compressors, storage tanks and other mechanical features shall be l~
screened from view if visible from the street in front of the house either b~a~..,J
decorative structure 36 inches in height or mature landscaping materials capable20f t:::>
obstructing view from said streets. 5
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SECTION 13. Swimming Pools. Recreational Structures and Scree@d c:>
Rooms. Any swimming pool, recreational structure or screened room to 4le r'-'
constructed upon any Lot shall be subject to review by the ARB. : C::>
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SECTION 14. Common Area. The Association shall at all times maintain
the Common Area in good condition and repair (including, but not limited to, the pool,
the cabana and the perimeter landscaping, wall or fence). The subdivision perimeter
wall or fence which may be built shall not be removed, altered or damaged in any
manner.
SECTION 15. Garages and Driveways. No open carport may be
constructed and all residences must contain a two-car garage. The inside dimensions
of the garage shall be a minimum of 18 feet in width and 20 feet in length. Garages
shall be maintained as garages and shall not be converted to other uses with the
exception of sales offices for the Declarant or it successors or assigns. All dwellings
shall have a paved driveway of concrete construction of at least 16 feet in width at
the entrance to the garage.
SECTION 16. Air-Conditioning System. An air-conditioning system is
optional; provided, however, that if this option is exercised, said air-conditioning shall
be by a central system.
SECTION 17. Building Materials. The front of all residences, and in the
case of corner lots the front and side of the residence facing the street, shall be
constructed of brick, stucco, native stone, wood or other finished materials.
SECTION 18. Sod. The front, side and rear yards of all lots in the
subdivision shall be sodded excepting only paved areas, patios, shrubbery and flower
beds.
ARTICLE II - EASEMENT AREAS
SECTION 1. Easement for Encroachments. In the event any portion of
any Lot or improvement thereon encroaches upon another Lot or Improved Lot or
Common Area as a result of the construction, reconstruction, repair, shifting,
settlement or moving of any portion of any improvement on the Lot or Improved Lot
or Common Area, a valid easement for the encroachment and for the maintenance of
same shall exist so long as the encroachment exists and so long as the Board of
Directors of the Association determines that the encroachment was inadvertent.
SECTION 2. General Easements. Easements are hereby reserved by the
Declarant for roadways, utility, landscape, drainage, or perimeter wall purposes in
GEORGETOWNE UNIT III, as indicated by the recorded Plat thereof. The Declarant
reserves the right to assign any and all easements shown on the recorded Plat, or
which are hereinafter created for installation of utilities, landscape or other uses
deemed by Declarant to be necessary or appropriate for the service of or ingress and
egress to and from the Total Property. The Declarant hereby reserves and grants for
itself, its successors and assigns easements, and the right to grant and create
easements, through and across the Declaration Property for purposes of ingress and
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egress and to provide installation, maintenance, repair and replacement of water,
sewer and other utility service and stormwater drainage for the Total Property.
SECTION 3. Easement for Service. A perpetual easement is granted to
all police, fire protection, ambulance, mailmen and deliverymen, and all similar persons.
to enter upon the streets, drives and walkways on the Declaration Property in the ~
performance of their duties. ~ -.J
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SECTION 4. Easement Over Common Area. Upon conveyance iy
Declarant of title to the first Lot, Declarant shall convey the title to the Common AJea
to the Association, free and clear of all liens, easements and encumbrances excEfBt <::)
those of record and those reserved and granted herein; provided, however, for so lol}p N
as Declarant owns any Lot or Improved Lot, Declarant retains an easement for itsEflT, C>
its assigns, agents, invitees and licensees to the extent necessary to complete --.I
construction of the Declaration Property, the Additional Property or the Total Property,
or any portion thereof, to show and sell Lots or Improved Lots, including the
unrestricted right to erect signs, to use the Improved Lots as models and sales offices,
and to use the Common Area for ingress and egress and for marketing and sales
activities.
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ARTICLE III - GENERAL PROVISIONS
SECTION 1. Amendment. The Declarant reserves and shall have the sole
right (a) to amend this Supplemental Declaration with respect to Lots still owned by
it at the time of the amendment, but all such amendments shall conform to the
general purposes and standards of the covenants and restrictions herein contained;
(b) to further amend this Supplemental Declaration for the purpose of curing any
ambiguity in or any inconsistency between the provisions contained herein; (c) to
include in any contract or deed or other instrument hereafter made additional
covenants and restrictions applicable to any Lot which do not lower the standards of
the covenants and restrictions herein contained, and (d) to release any Lot from any
part of the covenants and restrictions which have been violated (including, without
limiting the foregoing, violations of building restriction lines and provisions hereof
relating thereto) if the Declarant or the Association in its judgment, determines such
violation to be a minor or insubstantial violation. This Supplement Declaration may
be amended during the first twenty (20) year period by an instrument signed by not
less than sixty-six and two-thirds percent (66-2/3%) of both classes of members, and
thereafter by an instrument signed by not less than sixty percent (60%) of the
members. Any amendment must be recorded in the Public Records of Seminole
County, Florida.
Written notice shall be provided to the City of Winter Springs, Florida, prior to
any amendment becoming effective.
No amendment shall violate by Federal, State, County or City law, statute,
ordinance or code.
The City of Winter Springs is a third party beneficiary with the right to legally
enforce these documents or any part or provisions thereof.
Nothing contained herein permits or authorizes any violations or deviations from
the City Code, City of Winter Springs, Florida.
SECTION 2. Annexation. Additional residential property and common
area may be annexed to the properties with the consent of two-thirds (2/3) of each
class of members. Notwithstanding the foregoing, neither class of members shall
have the right to approve the annexation of the Additional Property as set forth in
Article VII of the Original Declaration, which right shall be vested solely in Declarant.
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SECTION 3. FHA/VA Aoproval. So long as there is a Class B
membership, the following actions will require the prior approval of the Federal
Housing Administration or the Veterans Administration: annexation of additional
properties, dedication of common area, amendment of this Declaration.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
caused this document to be executed by its duly authorized officer on the date first
written above.
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Printed Name: . I\{\~O()
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GEORGE WIMPEY OF FLORIDA, IN~ -....J
a Floridaf)>rporation ~ 0
By: k"L~ ~
Richard A. Mildner, President g 0
(CORPORATE SEAL) ~ N
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Address: 201 N. New York Avenue CO
Suite 200
Winter Park, Florida 32789
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Witnesses:
STATE OF FLORIDA
ss
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this~day of October,
1993, by RICHARD A. MILDNER, as President of GEORGE WIMPEY OF FLORIDA,
INC., a Florida corporation, on behalf of the corporation. He is personallv knowQ t9
me or has produced ~ as identification.
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t'f~<" . ~'f;: MY CCMMlSSiON , CC 256384
~ f.fj EXPIRES: January 26. 1997
";~' ~....~~ Bondsd ThIU NoIaIy P\lllIIC Underwlilel1 I
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Notary P~ ~
Signatur .
Print Name: ----. _ e~'
State of Florida at Large
MY COMMISSION EXPIRES:
This Instrument was Prepared by/Return to:-
Geoffrey D. Withers, Esq.
Graham, Clark, Jones, Pratt & Marks
369 North New York Avenue
Post Office Drawer 1 690
Winter Park, Florida 32790
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c:lldw\ wimpey\suppdecl.geo
October 8, 1993
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