HomeMy WebLinkAboutHowell Creek Reserve Community Association INC
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HARY}HHE M~R2f~ I":
CLERK Or CIRCUlI ell!,I;; i
SEMINOL:. CGUNTY~ FL
RECORDEC! E-: YERIFlc;
r.his document prepared by:
Eleanor Scuderi
INTOMM, Inc.
101 Wymore Rd., Suite 400
Altamonte Springs, FL 32714
696858
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FIRST SUPPLEMENTAL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
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THIS FIRST SUPPLEMENTAL DECLARATION
April, 1995 by INTOMM, INC., a Delaware
business in Florida ("Declarant"), and
Florida corporation ("Wimpey").
is entered into tttis I;;..~ day of
corporation qualified to transact
GEORGE WIMJEY QF FLORIDA, INC., a
WIT N E SSE T H;
WHEREAS, Declarant and Wimpey are f.ee simple owners of the real
property described on Exhibit "A" attache~'~hereto (the "Property"); and
WHEREAS, Declarant created that certain Declaration of Conditions,
Covenants, Easements and Restrictio~s for Howell Creek Reserve Community
Association, Inc. dated April 4, 19'95 and recorded A\?R\L '2S~\~SS
in Official Records Book l'}..':>Ot , Page \SS-<.o of the Public ecords of
Seminole County, Florida (the "Declaration") covering certain real property
located in Seminole County, Florida; and
WHEREAS, Declarant reserved the right, from time to time, in its
discretion, to cause additional lands to be subjected to the jurisdiction
of the Declaration; and
WHEREAS, Declarant, pursuant to the prOV1Slons of Article II of the
Declaration, wishes to extend the scheme of the Declaration to the Property
which is and shall be known hereinafter as HOWELL CREEK RESERVE PHASE ONE,
a residential subdivision located in Seminole County, Florida; and
WHEREAS, as the owner of a portion of the Property, Wimpey desires to
]Oln in and consent to Declarant's execution and recordation of this First
Supplemental Declaration;
NOW, THEREFORE, Declarant hereby declares, and Wimpey joins in and
consents to such declaration, that the Property (as described in Exhibit
"A") shall be held, sold and conveyed subject to the Declaration which is
for the purpose of protecting the value and desirability of the land and
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which shall
any right,
Declaration
shall inure
run with the land and
title or interest
or any part thereof,
to the benefit of each
shall be binding on all parties having
in the Properties as defined in the
their heirs, successors and assigns and
owner thereof.
, IjA~ k.~l~~
Na1e: )>1 ANi: K. ,sOW MA-,..f
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Name: TIM L~WI ';;.
INTOMM,
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"DECLARANT"
By:
Name:
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GEORGE WIMPEY OF FLORIDA, INC.
By:
Name:
Its:
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Po.. <.. v L..A:-~ ?, Gs tt~L..t'\o\N
\J ,-(..<.... P--rLs .;-.L~-;-
STATE OF FLORIDA
COUNTY OF SEMINOLE
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The foregoing instrument was acknowledged before me this I~ -- day
of April, 1995 by Burton A. Bines as President of INTOMM, Inc., a De~awar~':
corporation qualified to transact business in Florida, on behaV C?,f...t.~~:",I."""",
corporation. He is personally known to me and did not take an);>;~~,)1:...,'::'~~".:.'~,....;:, '
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Commission No. CC125500 "', ST' c ' /:U",,;ol:.
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Commission Expires: '" t. .....,. i;~,:!;j"
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NOTARY PUBLIC STATE O!'~
MY CCMHSSION EXP. ~.'j~:i9ts
BONDED THRU GENEML INS. '~.
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STATE OF FLORIDA
COUNTY OF "5ervlI noLE
The foregoing instrument was~acknowledged before me this l7J _Jday
of April, 1995 by f)/J)t7jlas F t~helrnCi^ as vice prt".1ld-rN
of George Wimpey of Florida, Inc., a Florida corporation,
of the corporation. He/she i~ personally known to ~r has ~
as identification and who ~
on behalf
produced
did (did not) take an oath.
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Notary ublic, State of Florida_~
Name: .:T c:J Y D V/) N VV e r"C>-e' r
Commission No.
Commission Expir
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CO~ENCE AT THE NORTHEAST CORNER OF SECTION 8. TOWNSHIP 21
SOUTH. RANGE 31 EAST. SEMINOLE COUNTY. FLORIDA: THENCE RUN
SOO.24'SS-c. ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF
SAID SECTiON 8. A DISTANCE OF 205.56 FEET TO THE NORTHERLY
RIGHT-OF-WAY LINE OF THE LAKE CHARM BRANCH OF THE SEABOARD
COAST LINE RAILROAD (S.C.L.) (100' R/Wh THENCE RUN
N54.34'S7-W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A
D!STANCE OF 293.14 FEET TO A POINT ON A CURVE. CONCAVE
SOUTHWESTERLY. HAVING A CENTRAL ANGLE OF 24044'10- AND A
RADIUS OF 1959.19 FEET: THENC RUN NORTHWESTERLY ALONG THE
ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 845.83 FEET TO THE POINT OF TANGENCY. THENCE RUN
N79.IS'14-W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A
DISTANCE OF 691.26 FEET TO THE POINT OF CURVATURE OF A
CURVE. CONCAVE SOUTHWESTERLY. HAVING A CENTRAL ANGLE OF
1 '-46'38- AND A RADIUS OF 2612.09 FEET: THENCE RUN
NORTHWESTERLY. ALONG THE ARC OF SAID CURVE AND SAID
NORTHERLY RIGHT-OF-WAY LiNE. A DISTANCE OF 536.92 FEET TO
THE POINT OF TANGENCY: THENCE CONTINUE ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE. S88-SS'08-W. A DISTANCE OF /78.11 FEET TO
THE WESTERLY RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE AS
RECORDED IN PLAT. BOOK 47. PAGES 60-61. PUBLIC RECORDS OF
SEMINOLE COUNTY. FLORIDA FOR A POINT OF BEGINNING: THENCE
CONTINUE S88.5S'08-W. ALONG SAID NORTHERLY_ RIGHT~OF-WAY
LINE. A DISTANCE OF 1524.07 FEET: THENCE DEPARTING SAID
NORTHERLY RIGHT-OF-WAY LINE. RUN NOI-04'S2-W. A DISTANCE OF
250.00 FEET: THENCE N88-SS'D8-E. A DISTANCE OF 163.69 FEET
TO A POINT ON A CURVE. CONCAVE NORTHWESTERLY. HAVING A
CENTRAL ANGLE OF 36-18'57- AND A RADIUS OF 25.00 FEET:
THENCE FROM A TANGENT BEARING OF N36-43'43-E. RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF
15.85 FEET TO THE POINT OF COMPOUND 'CURVATURE OF A CURVE..
CONCAVE WESTERLY. HAVING A CENTRAL ANGLE OF 13.22'20- AND A
RADIuS OF 325.00 FEET: THE~CE RUN NORTHERLY ALONG THE ARC
OF SAID CURVE. A' DISTANCE OF 75.85 FEET TO THE POINT OF
TANGENCY, THENCE RUN NI2057'3S-W. A DiSTANCE OF 16.53 FEET
TO THE POINT OF CURVATURE OF A CURVE. CONCAVE SOUTHWESTERLY.
HAVING A CENTRAL ANGLE OF' 85047'00- AND A RADIUS OF ?-S.OD
FEET: THENCE Rl1N.NORTHWESTERLY ALONG THE ARC OF SAID CURVE.
A DISTNACE OF :7_43 FEET: THENCE DEPARTING SAID CURVE~ RUN
N08.4<'~S-W. A DISTANCE OF 50.00 FEET TO A POINT ON A CURVE.
CONCAVE ,NORTHWESTERLY. HAVING A CENTRAL ANGLE OF 02-31 '36-
AND A ~ADIUS OF' 605.00 FEET: THENCE FROM A TANGENT BEARING
OF S81-IS'25-W, RUN SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE. A DISTANCE OF 26.68 FEET: THENCE DEPARTING SAID
CURVE. RUN N06-12'S9-W. A DISTANCE OF 120,00 FEET. THENCE
S86.2VOS-w. A' DISTANCE OF 43.45 FEET. THE:NCE S88.5S'08""W. A
DISTANCE OF 25"'.95 FEET. . THENCE NOO-07'21~. A DISTANCE OF
. ...196.38.. FEET:. . .THENCES89-S2 '39-e:.: -A. DISTANCE OF 35.00 FEET.
THENCE....NOO.07.21 -e:; "A'" DISTANCE OF' 215.00 FEET. THENCE
S89.52'39-e:. A DISTANCE OF 40.00 FEET. THENCE SOO.07'21 -We A
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'EXHIBIT nAn
Page 1 of 2
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LEGAL'DESCRiPT)af/~::-
HowellCreek .'Reserve..
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DISTANCE OF 100.00 FEET: THENCE S89052'39;E. A DISTANCE OF
2100.00 FEET: THENCE S30-22'39-E, A DISTANCE OF 356.04 FEET.
TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE
OF VISTAWILLA DRIVE: SAID POINT ALSO BEING ON A CURVE.
CONCAVE NORTHWESTERLY. HAVING A CENTRAL ANGLE OF 14-S7'22-
AND A RAOIUS OF 710.00 FEET. THENCE FROM A TANGENT BEARING
OF S64-26'IS-W." RUN SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE. A DISTANCE OF
18S.33 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE.
CONCAVE SOUTHEASTERLY.. HAV I NG A CENTRAL ANGLE OF 55032' 40-
AND A RADIUS OF 540.00 FEET. THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE. A
DISTANCE OF 523.49 FEET TO THE NORTHEAST CORNER OF TRACT -A-
AS RECORDED IN PLAT BOOK 47. PAGES 60-61. PUBLIC RECORDS OF
SEMINOLE COUNTY. FLORIDA. THENCE RUN THE FOLLOWING COURSES
AND OISTANCES ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY
BOUNDARY LINES OF SAID TRACT -A-. THENCE NS4041 '21 -W. A
DISTANCE OF 114.37 FEET. THENCE N77005'06-W. A DISTANCE OF
390.41 FEET. THENCE SI5009'35""W. A DISTANCE OF 65.02 FEET:
THENCE SS403S'37-E. A DISTANCE OF 329.61 FEET: THENCE
N88-55'08;E. A DISTANCE OF 190.00 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT -A-. SAID POINT BEING ON THE
AFOREMENTIONED VISTAWILLA DRIVE. SAID POINT ALSO BEING ON A
CURVE. CONCAVE EASTERLY. HAVING A CENTRAL ANGLE OF 02-37'17-
AND A RADIUS OF 540.00 FEET. THENCE FROM A TANGENT BEARING
OF SI3000'36""W.. RUN SOUTHERLY ALONG SAID RIGHT-OF-WAY L"!NE
ANO THE ARC OF SAIO CURVE. A DISTANCE OF 24.71 FEET TO THE
POINT OF TANGENCY: THENCE RUN SI0-23'19""W. A DISTANCE OF
16.23 FEET TO THE POINT OF BEGINNING.
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AND ALSO:
BEING A REPLAT OF A PORTION OF VISTAWILLA DRIVE POND. TRACT
-A-. AS RECORDED IN PLAT BOOK 47. PAGES 60-61. PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID TRACT -A-. SAID POINT BEING ON A CURVE, CONCAVE
SOUTHEASTERLY. HAVING A CENTRAL ANGLE OF 02043'14- AND A
RADIUS OF 540.00 FEET: THENCE FROM A TANGENT BEARING OF
S230S0'S7""W, RUN SOUTHWESTERLY ALONG THE EASTERLY LINE OF
SAID TRACT -A- AND THE ARC' OF SAID CURVE. A DISTANCE OF
25.64 FEET TO A POINT ON A CURVE. CON:AVE SOUTHWESTERLY.
HAVIN~ A CENTRAL ANGLE OF 83005'15- ANJ A RADIUS OF 25.00
FEET. .THENCE DEPARTING SAID CURVE AND SAID EASTERLY LINE.
FROM A TANGENT BEARING OF N21-07'43IE. RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE. A DISTANCE OF 36.25 FEET TO THE
POINT OF TANGENCY, THENCE N61-57'32""W, A DISTANCE OF 1 I 1.1 1
FEET TO THE POINT OF CURVATURE OF A CURVE. CONCAVE
NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 10-32'12- AND A
RADIDS OF 190.00 FEET. THENCE RUN NORTHWESTERLY ALONG THE
ARC OF SAID .CURVE. ". A. DISTANCE.' OF. 34.94 FEETT.O A POINT ON
THE NORTHERLY LINE.OF' SAID TRACT -A-. THENCE S71-05'D6;E,'
ALONG SAID NORTHERLY LINE. A DISTANCE OF 56.70 FEET, THENCE
S54-41.'21;E, A OISTANCE. OF 114.37 FEET TO THE. POINT OF
BEGINNING.
CONTAINING 33.958 ACRES. MORE OR LESS.
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HONel/ Creek Reserve
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This instrument was prepared:
Aaron J. Gorovitz, Esquire
Lowndes, Drosdick, Doster, Kantor
& Reed, P.A.
Post Office Box 2809
Orlando, Florida 32802-2809
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DECLARATION OF CONDITIONS. COVENANTS.
EASEMENTS AND RESTRICTIONS
FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION. INC.
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THIS DECLARATION is made this if-day of A~lL, 1995, by INTOMM, INC., a
Delaware corporation, whose address is 101 Wymore Road, Suite 400, Altamonte Springs,
Florida 32714, which declares hereby that the "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.
ARTICLE I.
DEFINITIONS
The following words when used in this Declaration (unless the context shall prohibit)
shall have the following meanings:
1.1 "Additional Properties" shall mean and refer to that portion of the lands being
more particularly described on Exhibit "A" attached hereto not initially included among the
Properties encumbered hereby but which may be included among the Properties in the future
upon Declarant's execution and recordation of a supplemental declaration herein according with
Article II below.
1.2. "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.
1.3 "Association" means and refers to HOWELL CREEK RESERVE
COMMUNITY ASSOCIATION, INC., a Florida corporation not for profit, which is to be
incorporated.
1.4
Association.
"Board of Directors" means and refers to the board of directors of the
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1.5 "Common Area" means and refers to all real property (including the
improvements thereto) and all personal property owned by the Association and tracts of land,
if any, shown or drawn on a Plat as owned or to be owned by the Association for the common
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use, enjoyment and benefit of the Owners and all property designated as common areas in aw ~...:.')
future recorded supplemental declaration (but not including any tract dedicated on a Plat to the C)
City of Winter Springs or another public utility provider); together with the landscaping and aliy -.J
-..;
improvements thereon, including, without limitation, the Stormwater Management System ~
all structures, recreational facilities, open space, conservation areas, retention areas, masoffi'y
walls, walkways, entrance markers, signs, and street lights, if any, but excluding any pu@.c _
utility installations thereon. :" CJl
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1.6 "Declaration" means and refers to this Declaration of Conditions, Covenants, -.J
Easements, and Restrictions for Howell Creek Reserve Community Association, Inc. as recorded
in the Public Records of Seminole County, Florida, and as the same may be amended from time
to time.
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1.7 "Declarant" means and refers to Intomm, Inc., a Delaware corporation, and its
successors and assigns by virtue of such written instruments assigning the rights and obligations
of Declarant hereunder which are recorded in the Public Records of Seminole County, Florida.
Upon recordation of any such assignment, the initial Declarant shall be released and absolved
from any obligations on the part of the Declarant as may arise by or through this Declaration.
A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Declarant by the
mere act of purchase or mortgage of a Lot.
1.8 "Drainage Easements" means and refers to the drainage easements declared and
reserved on a Plat.
1.9 "Entitled To Vote" means and refers to that Lot Owner who shall cast a vote for
a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the
Owners thereof shall determine among themselves who shall be the Member Entitled To
Vote. Said determination shall be manifested upon a voting certificate, signed by all Owners
of said Lot, and given to the Association Secretary for placement in the Association records.
Notwithstanding anything contained herein to the contrary, all Lot Owners whether Entitled To
Vote or not are assured of all other privileges, rights, and obligations of Association membership
and shall be Members of the Association. In no event shall any mortgagee or other party
holding any type of security interest in a Lot or the Residence constructed thereon be Entitled
To Vote for purposes hereof, unless and until any of said parties obtain or receive fee simple
title to such Lot.
1.10 "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), the Federal Housing Administration (FHA) or the
Veteran's Administration (V A) and to any successor or assignee thereof.
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1.11 "Lot" means and refers to any Lot on a Plat of portions of the Properties, and
any other property hereafter declared as a Lot by the Declarant and thereby made subject to this
Declaration.
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1.12 "Member" means and refers to all those Owners who are Members of JPe '--_0
Association as provided in Article III hereof. ~ c::>
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1.13 "Owner" means and refers to the record owner, whether one or more perAAIs
or entities, of the fee simple title to any Lot situated upon the Properties. rr1
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1.14 "Plat" means and refers to all of EAGLES WATCH, PHASE ONE, accorctmgUl
to the plat thereof as recorded in Plat Book~, Page 8. 9 of the Public Records of Sem~le ~
County, Florida, together with any plat of additionalla~ade subject to this Declaration and
to the jurisdiction of the Association.
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1.15 "Properties" means and refers to all of the properties as described in Section 2.1
of this Declaration, and additions thereto, as are now or hereafter made subject to this
Declaration and to the jurisdiction of the Association, except such as are withdrawn from the
provisions hereof in accordance with the procedures hereinafter set forth.
1.16 "Residence" means and refers to any residential building constructed on a Lot
for which a certificate of occupancy has been duly issued.
1.17 " 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 affect the quantity and quality of discharges.
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO
2.1 Legal 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 EAGLES W A TCHn PHASE ONE, according to the plat thereof as recorded in
Plat Book 4<.:7 , Pag~ 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" .
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2.2 Supplements. So long as the Class B membership (as herein defined) shall exist
and subject to the prior approval by the Federal Housing Administration or Veterans
Administration, Declarant may from time to time bring all or any portions of the Additional
Properties under the provisions hereof by recorded supplemental declarations (which shall not
require the consent of then existing Owners or the Association, or any mortgagee) and therebE
add to and include all or such portions of the Additional Properties as part of the Propertia:S;
subject to this Declaration. If the Declarant brings all or portions of the Additional Properti~
under the provisions hereof, it shall provide notice to the City of Winter Springs. To the exte~
that additional real property shall be made a part of the Properties as a common schem~
reference herein to the Properties should be deemed to be a reference to all of such additionaJ,
property where such reference is intended to include property other than that legally describJa
above. Nothing herein, however, shall obligate the Declarant to add to the initial portion of the
Properties, to develop any such future portions under such common scheme, nor to prohibit the
Declarant from rezoning and/or changing the development plans with respect to such future
portions and/or the Declarant from adding additional or other property to the Properties under
such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically
consent to any such rezoning, change, addition or deletion thereafter made by Declarant and
shall evidence such consent in writing if requested to do so by the Declarant at any time.
ARTICLE III.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1 Membership. Every person or entity who is a record Owner of a fee or
undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding
anything else to the contrary set forth in this Section 3.1, any such person or entity who 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 Member 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. In no event
shall any mortgagee or other party holding any type of security interest in a Lot or the Residence
constructed thereon be a Member of the Association unless and until any of said parties obtain
or receive fee simple title to such Lot.
3.2 Voting Rights. The Association shall have two (2) classes of voting
membership:
Class A. Class A Membership shall be all Owners of Lots (except the Declarant
and its successors and assigns as long as the Class B membership shall exist, and
thereafter, shall be Class A Members to the extent each would otherwise qualify).
Class A Members shall be entitled to one (1) vote for each Lot in which they hold the
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interests required for membership. When more than one person holds such interest or
interests in any Lot, all such persons shall be Members, but the vote for such Lot shall
be exercised only by that one person who is Entitled To Vote. In no event shall more i-,J
than one vote be cast with respect to any such Lot. (/) ''-~
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Class B. The Class B Member shall be the Declarant. The Class B MeI@er
shall be entitled to three (3) votes for each Lot owned by the Class B Member. ~e
Class B membership shall cease and terminate upon the earlier to occur of cihe
following: (i) August 31, 2001; (ii) at such time as seventy-five percent (75%) oRhe~
maximum number of Residences allowed for the Properties and Additional PropefUesm
have been conveyed to Class A Members, or (iii) sooner at the election of thee:>
Declarant, whereupon the Class A Members shall be obligated to elect the Board of
Directors and assume control of the Association. Upon termination of the Class B
membership as provided for herein, the Class B membership shall convert to Class A
membership with voting strength as set forth above for Class A membership.
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3.3 General Matters. When reference is made herein, or in the Articles of
Incorporation, Bylaws, Rules and Regulations, management contracts or otherwise, to a majority
or specific percentage of Members, such reference shall be deemed to be reference to a majority
or specific percentage of the votes of Members Entitled To Vote and not of the Members
themselves.
ARTICLE IV.
PROPERTY RIGHTS IN THE COMMON AREAS: OTHER EASEMENTS
4.1 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 Area 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 Area 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 voting rights 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;
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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 Area and all
facilities at any time situated thereon, including the right to fine Members as hereinafter j',.J
provided. Any rule and/or regulation so adopted shall apply until rescinded or modified 3$,if '-J.J
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D. The right to the use and enjoyment of the Common Area and facil~s
thereon shall extend to all permitted user's immediate family who reside with him subjec~to
regulation from time to time by the Association in its lawfully adopted and published rules ~d -
regulations. ? . ~
4.2 Easements Appurtenant. The easements provided In Section 4.1 shall be
appurtenant to and shall pass with the title to each Lot.
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4.3 Maintenance. The Association shall at all times maintain in good repair and
manage, operate and insure, and shall replace as required, the Common Area and the sign and
landscaping (if applicable) located on the comer of State Road 434 and Vistawilla Drive,
together with the paving, drainage structures, masonry walls, lighting fIxtures and
appurtenances, landscaping, sprinkler systems, entrance markers, signs, improvements and other
structures installed by the Declarant or the Association situated on the Common Area, and the
sign and landscaping (if applicable) located on the comer of State Road 434 and Vistawilla
Drive, with all such work to be done as ordered by the Board of Directors of the Association.
In order to maintain, manage and operate the Common Area, and such appurtenances as are
described above, the Association shall have the right and authority to enter into such contracts
or agreements as the Board of Directors of the Association deem appropriate. Maintenance of
any 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 Declarant's responsibility to the City of Winter Springs of any kind with respect to the
Common Area and shall indemnify and hold the Declarant harmless with respect thereto.
In addition, 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(s) shall mean the exercise of practices which allow the
systems 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 storm water 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.
Each Owner shall be responsible for the maintenance, replacement, and repair of all
walls, gates, paving, structures and improvements located on his Lot, other than those
specifIcally provided to be maintained by the Association.
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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 o~ otherwise escape liability for Assessments by non-use of the "'.j
Common Area or Lots or abandonment of the right to use the Common Area. (f) ;,.0
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4.4 Utility Easements. The Association shall have the right to grant pem$, -.J
licenses, and easements over the Common Area for utilities, roads, and other purposes
reasonably necessary or useful for the proper maintenance or operation of the Properties. Mn
addition, easements over, upon, under, through and across the Common Area are reserve4}o -
the Association and the Declarant, and may be declared or granted from time to time by 4-e U1
Declarant during any period that the Declarant shall own at least one (1) Lot, for such furllier 0"\
utility, egress, ingress, or drainage easements over and across the Properties as may be required N
from time to time to serve 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 declared by the Declarant, the joinder
of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required.
4.5 Drainage Easements. Drainage Easements have been declared and reserved as
shown on and created by the Plat. Each Owner of any Lot encumbered by a Drainage
Easement upon which a drainage swale is located shall be solely responsible for the repair,
replacement, and maintenance of such drainage swale. Alteration, obstruction or removal of any
drainage swales or drainage control facilities or structures is expressly prohibited. In the event
any Owner fails to repair, replace and maintain any drainage swales, or alters or obstructs any
piping, drainage swales, facilities or structures, the Association may repair, replace and maintain
such drainage swales, facilities and structures and assess such Owner for the costs and expenses
incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and
license to the Declarant and the Association over, upon and across such Owner's Lot in order
to facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any
improvements or otherwise permit anything to occur within any Drainage Easement area which
would in any way effect said Drainage Easement or any swale, pipe or drainage control facility
or structure located therein or thereon, unless, in the event of construction of any improvements,
such improvements have been approved by Declarant or the ARB (as hereinafter defined).
Without limiting the foregoing 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 systems. 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.
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4.6 Ownership. As shown on the Plat, the Common Area is hereby dedicated 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 and such Owners' tenants, guests and invitees.
Prior to conveyance of any Lot to a Class A Member, the Common Area shall be conveyed t8,
the Association, which shall accept such conveyance. Beginning on the date this Declaration ~~
recorded, the Association shall be responsible for the maintenance of the Common Ani!
(whether or not then conveyed or to be conveyed to the Association), such maintenance to tta
performed in a continuous and satisfactory manner. It is intended that all real estate taxes, 1P
any, assessed against that portion of the Common Area owned or to be owned by the Associatiqri
shall be proportionally assessed against and payable as part of the taxes of the Lots within tho
Properties. However, in the event that, notwithstanding the foregoing, any such taxes a~
assessed directly against the Common Area, the Association shall be responsible for the payment
of the same, including taxes on any improvements and any personal property located thereon,
which taxes accrue from and after the date this Declaration is recorded.
The Common Area cannot be mortgaged or conveyed without the approval of two-thirds
(2/3) of each class of Members voting at an annual or special meeting of the membership of the
Association. The Stormwater Management System (as a system) shall not be mortgaged.
4.7 Conservation Easements. Declarant reserves the right to grant conservation
easements and development rights to qualified grantees, including without limitation the St.
Johns River Water Management District, over, upon and across the Common Area.
4.8 Declarant Offices. Notwithstanding anything herein to the contrary, but subject
to approval by the City of Winter Springs if required by its laws and ordinances, the Declarant
shall have the specific right to maintain upon any portion of the Properties administrative,
hospitality, marketing, information, construction, and other necessary offices (upon payment of
appropriate fees), and appropriate easements of access and use are expressly reserved unto the
Declarant and its successors, assigns, employees and contractors, for this purpose.
ARTICLE V.
ASSOCIATION-COVENANT
FOR MAINTENANCE ASSESSMENTS
5.1 Creation of the Lien and Personal Obligations of the Assessments. Except as
provided elsewhere herein, the Declarant (and each party joining in this Declaration or in any
supplemental declaration), for all Lots within the Properties, hereby covenant 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 other properties that may be otherwise used for the benefit
of the Properties as provided elsewhere herein, including such reasonable reserves as the
Association may deem necessary, capital improvement Assessments, as provided elsewhere
herein and all other charges and Assessments hereinafter referred to, all such Assessments "to be
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fixed, established and collected from time to time as herein provided. In addition, individual
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, i '0
together with such interest thereon and costs of collection thereof as hereinafter provided, sItWI 1.-0
be a charge on the land and shall be a continuing lien upon the Lot against which each s~h 0
Assessment is made. Each such Assessment, together with such interest thereon and cost~f -.J
collection thereof as hereinafter provided, shall also be the personal obligation of the person ~o
is the Owner of such property at the time when the Assessment fell due. Except as proviHed
herein with respect to individual Assessments which may be imposed on one or more Lots ~d _
Owners to the exclusion of others, all Assessments imposed by the Association shall be imp~d c.n
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.
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5.2 Purpose of Assessments. The regular Assessments levied by the Association
shall be used exclusively for maintenance, repair, renovation, and construction upon the
Common Areas, and the maintenance and repair of such other properties as may be used for the
benefit of the Properties, as specifically provided herein, capital improvements, reserves,
operating costs of the Association and to promote 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. Without limiting the foregoing, the regular 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.
5.3 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 Area. The reserve fund shall be maintained from annual
Assessments.
5.4 Working: Capital. Upon the initial closing of the sale or the occupation of a
Residence, the buyer (or Owner) of such Residence shall pay to the Association an amount equal
to one-sixth (1/6) of the annual assessment 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.
5.5 Maximum Annual Assessment. Until January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the minimum annual assessment shall be
THREE HUNDRED SIXTY AND NO/IOO DOLLARS ($360.00) per Lot and the maximum
annual assessment shall be FOUR HUNDRED EIGHTY AND NO/IOO DOLLARS ($480.00)
per Lot.
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A. From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each
year, upon approval by a majority of the Board of Directors without a vote of the Membership, iv
by an amount not greater than fifteen percent (15%) above the maximum assessment for ~e '..0
previous year. ~ C>
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B. From and after January 1 of the year immediately following::the
conveyance of the first Lot to an Owner, the maximum annual assessment may be increase~y
an amount greater than fifteen percent (15 %) above the maximum assessment for the previeus-
year, as hereinabove provided, upon approval of two-thirds (2/3) of each class of Me~rs~
voting in person or by proxy at a meeting duly called for such purpose. . CJl
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C. The Board of Directors may fix the annual Assessment at an amount not
in excess of the maximum.
5.6 Exterior Maintenance. The Owner of each Lot shall maintain the exterior of
the Residence and the 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 thirty (30) days' written notice sent to his last known address, or to the address of the
subject premises, perform such reasonable maintenance and make such repairs as may be
required to restore the neat and attractive appearance of the Lot and the exterior of the Residence
located thereon. 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 an individual 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.
5.7 Capital Improvements. Funds which are necessary for the addition of capital
improvements (as distinguished from repairs and maintenance) relating to the Common Area or
other properties used for the benefit of the Properties 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 by two-thirds (2/3) of each class of
Members voting in person or by proxy at a meeting duly called for such purpose.
5.8 Notice and Quorum for Any Action Authorized Under Sections 5.5 and 5.7.
Written notice of any meeting called for the purpose of taking any action authorized under
Sections 5.5 or 5.7 shall be sent to all Members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting. At the first such meeting called, the presence of
Members or of proxies entitled to cast sixty percent (60 %) of all the votes of each class of
Membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the required quorum at the subsequent
meeting shall be one-half (112) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
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5.9 Date of Commencement of Annual Assessments: Due Dates. The annual
Assessments provided for in this Article shall commence on the first day of the month next
following the conveyance of C~mmon Area to the Association and shall ~e applicable through :,';;
December 31 of such year. Each subsequent annual Assessment shall be Imposed for the ~r C>
beginning January 1 and ending December 31. The annual Assessments shall be payabl~n -...J
advance by one (1) annual payment, or by monthly, quarterly or biannual installments inahe
discretion of the Board of Directors of the Association. At the time of the closing of the ~e
of any Lot, the purchaser thereof shall pay to the Association an amount equal to the lesse~f: _
(i) the full annual Assessment multiplied by a fraction, the numerator of which is the numIier CJ1
of days remaining in the year of closing (including the date of closing) and the denominatctrofO"\
which is 365 or (ii) the portion of the full annual Assessment otherwise due and owing for theO\
remainder of the year. The due date of any special Assessment shall be fixed in the Board
resolution authorizing such assessment.
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5.10 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. 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. The
Association may charge a reasonable fee for such certificate. 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 Declarant) for management services or for other services beneficial
to the Association or the proper operation and maintenance of the Properties. The Association
shall have all other powers provided elsewhere herein, in its Articles of Incorporation and its
Bylaws.
5.11 Effect of N on- Payment of Assessment: the Personal Obligation: the Lien:
Remedies of the Association. If the Assessments (or installments), whether general or special,
are not 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. Each Assessment against a Lot shall also be the personal
obligation of the Owner at the time the Assessment fell due.
If any installment of an Assessment is not paid within fifteen (15) days after the due
date, at the option of the Association, a late charge not greater than FIFTY AND NO/100
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DOLLARS ($50.00) may be imposed 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 1"0
the Owner(s) personally obligated to pay the same or may record a claim of lien against the loot '.D
on which the assessments and hlte charges are unpaid or may foreclose the lien against the fibt ~
on which the assessments and late charges are unpaid, or may pursue one or more of s~h
remedies at the same time or successively. In any such action or actions, the Association slWll
also have the right to recover its attorneys' fees (including paralegal fees) and costs, whether
incurred before trial, at trial and upon all appellate levels. 0 -
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In addition to the rights of collection of Assessments stated in this Section, any and all-.J
persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent,
including without limitation persons acquiring title by operation of law and by judicial sales,
shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Area until
such time as all unpaid and delinquent Assessments due and owing from the selling Owner have
been fully paid and no sale or other disposition of Lots shall be permitted until an estoppel letter
is received from the Association acknowledging payment in full of all Assessments and other
sums due; provided, however, that the provisions of this sentence shall not be applicable to the
mortgagees and purchasers contemplated by Section 5.12 of this Article.
It shall be the legal right of the Association to enforce payment of the Assessments
hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners
from their obligations hereunder.
5.12 Subordination of the Lien. The lien of the assessments provided for in this
Article shall be subordinate to 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.
5.13 Collection of Assessments. The Association shall collect the Assessments of the
Association.
5.14 Effect on Declarant. Notwithstanding any provision that may be contained to
the contrary in this Declaration, or the Articles of Incorporation or Bylaws of the Association,
for as long as Declarant or its successors or assignees, from time to time, is the Owner of any
Lot on which a Residence has not yet been constructed, the Declarant shall be liable for the full
Assessments against each Lot so owned; provided, however, the Declarant, in its sole discretion,
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may elect in any given assessment year, in lieu of payment of the full Assessments for each such
Lot, to pay the amount of any deficits incurred by the Association for expenses incurred in "v
excess of the amounts collected as Assessments. For purposes hereof, the existence, or : ;:)
nonexistence of a deficit for the Association shall be determined on cash basis accounting insti;;d ~
of accrual basis. When Declarant has sold and conveyed all its Lots in the Properties, Decla~t -.J
shall not have further liability of any kind to the Association for the payment of Assessment~r
for funding any deficits of the Association. /'T1
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5.15 Trust Funds. The portion of all regular Assessments collected by 4JIe U1
Association for reserves for future expenses, and the entire amount of all special assessme'iiis, m
shall be held by the Association for the Owners of all Lots, as their interests may appear, and Q)
may be invested in interest bearing accounts or in certificates of deposit or other like instruments
or accounts available at banks or savings and loan institutions the deposits of which are insured
by an agency of the United States.
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ARTICLE VI.
CERTAIN RULES AND REGULATIONS
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6.1 Land Use and Building Type . No Lot shall be used except for residential
purposes. No building constructed on a Lot shall be used except for residential purposes. No
business, commercial, industrial, trade, professional or other non-residential activity or use of
any nature or kind shall be conducted on any Lot. No building shall be erected, altered, placed
or permitted to remain on any Lot other than one Residence. Temporary uses by Declarant for
model homes, marketing, offices, parking lots, construction 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 Declarant (except if such changes
are made by the Declarant) without the consent of the Architectural Review Board as provided
herein.
6.2 Opening Walls: Removing Fences or Landscaping. No Owner shall make or
permit any opening to be made in any Declarant or Association erected wall, except as such
opening is installed by Declarant or the Association. No such building wall or masonry wall or
fence, or any associated landscaping or buffer improvements, shall be demolished or removed
without the prior written consent of the Declarant and the Architectural Review Board.
Declarant shall have the right but shall not be obligated to assign all or any portion of its rights
and privileges under this Section to the Association.
6.3 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 provided herein. Within these easements, no structure, planting
or other material may be placed or permitted to remain without approval of the City of Winter
Springs. 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. The
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appropriate water and sewer authority, electric and gas utility company, telephone company, the
Association, and Declarant and their respective successors and assigns, shall have a perpetutH
easement for the installation, replacement, connection to, disconnection from, and maintenan~
all underground, of water lines; sanitary sewers, storm drains, gas and electric, telephone as
security lines, cables and conduits, under and through the utility and drainage easements, as die
case may be, as shown on the Plats. Declarant and its designees, successors and assigns, sh~
have a perpetual easement for the installation and maintenance of cable, radio, television ~
security lines within utility easement areas shown on the Plat. All utility lines within ~
Properties, whether in street rights-of-way or utility easements, shall be installed and maintained
underground.
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6.4 Nuisances. No noxious, offensive or unlawful activity shall be carried on upon
or about the Properties, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to other Owners.
6.5 Temporary and Other Structures. No structure of a temporary character, or
storage shed, utility shed or similar structure, green house, trailer, tent, mobile home, motor
home, or recreational vehicle, shall be permitted on the Properties at any time either temporarily
or permanently, except by the Declarant during construction. Further, none of said items may
be used as a residence. No gas tank, gas container or gas cylinder shall be permitted to be
placed on or about the outside of any Residence or on or about any ancillary building, unless
approved by the Architectural Review Board, and if approved must be buried or screened and
enclosed by a structure approved by the Architectural Review Board.
6.6 Signs. No sign of any kind shall be displayed to the public view on the
Properties, except any sign used by the Declarant to advertise the company or builder, project,
sales or other matters 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 so as to be visible from
the exterior or on any fences on the Properties, nor on the Common Area, nor on dedicated
areas, if any, nor on entryways or any vehicles within the Properties, except such as are placed
by the Declarant. Provided, however, one (1) discreet, professionally prepared "For Sale" sign
of not more than three (3) square feet may be placed on the street side of the Lot, subject to
prior approval by the Architectural Review Board.
6.7 Oil and Mining Operation. No oil drilling, oil development 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 excavation 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.
6.8 Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature
or description shall be kept, bred or raised upon the Properties, except for dogs, cats, birds or
other usual or customary household pets which may be kept, raised and maintained upon the
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Properties, provided that the same are not kept, raised or maintained thereon for business or
commercial purposes or in number deemed unreasonable by the Declarant or the Association, 1'-'.)
in the exercise of their reasona~le discretion. Numbers in excess of two (2) of each typ@f ~
household pet (other than aquarium-kept fish) shall prima facia be considered unreasona9re. -.J
Notwithstanding the foregoing, no such reptiles, animals, birds or other pets may be kept, ra~d
or maintained on the Properties under circumstances, which, in the good faith judgment of~e
Declarant or the Association, shall constitute an unreasonable annoyance, hazard, or nuisaqree
to residents in the vicinity or an unreasonable interference with the comfortable and quiet ~e, ~
occupation and enjoyment of other Lots or portions of the Properties. ? -.J
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6.9 Architectural Control. No building, addition, wall, addition, fence or other
structure or improvement of any nature or kind (including mailboxes, landscaping and exterior
paint and finish) shall be erected, placed or altered on any Lot until the construction plans and
specifications and a plan showing the location of the structure and landscaping, or composition
of the materials used therefor, as may be required by the Architectural Review Board (sometimes
referred to herein as the "ARB") have been approved in writing by the Architectural Review
Board named below and all necessary governmental permits are obtained. Each building,
addition, wall, fence, mailbox or other structure or improvement of any nature, together with
the landscaping, shall be erected, placed or altered upon the premises only in accordance with
the plans and specifications and plot plan so approved and applicable governmental permits and
requirements. The Architectural Review Board shall have the right, in its sole and absolute
discretion, to refuse approval of plans, specifications and plot plans, or any of them, based on
any ground, including purely aesthetic grounds. Any change in the exterior appearance of any
building, wall, fence, mailbox or other structure or improvements, and any change in the
appearance of the landscaping, shall be deemed an alteration requiring approval. The
Architectural Review Board shall have the power to promulgate such rules and regulations as
it deems necessary to carry out the provisions and intent of this Section.
So long as the Class B Membership exists, the ARB shall be appointed by the
Declarant. Thereafter, the Architectural Review Board shall be a committee composed of or
appointed by the Board of Directors of the Association. During the period in which the
Declarant appoints the membership of the ARB, the ARB shall have three (3) members. At such
time as the Board of Directors appoints the ARB members, the ARB shall have any number of
members, but never less than three (3), as deemed appropriate by the Board of Directors.
The address of the Architectural Review Board shall be the address of the Declarant or
the Association, depending on which party appoints its membership. The Board of Directors
of the Association and the ARB may employ personnel and consultants to assist the ARB at the
expense of the Association. The members of the ARB shall not be entitled to any compensation
for services performed pursuant to this Declaration. The Architectural Review Board shall act
on submissions to it, or request further information thereon, within thirty (30) days after receipt
of the same (and all further documentation required) or else the request shall be deemed
approved. The foregoing provisions regarding ARB approval shall not be applicable to the
Declarant or to construction activities conducted by the Declarant.
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Notwithstanding anything herein to the contrary, the ARB, cannot approve anything in
conflict with the City Code. j ,,.)
The Declarant, if consistent with City Codes, may grant variances as to the restricti<!i!s, ~
conditions and requirements set forth in this Declaration so long as, in the judgment of :!.he -.J
Declarant, the noncompliance for which the variance is granted is not of a substantial nature ~d
the granting of the variance shall not unreasonably detract from the use and enjoymenFof
adjoining Lots and the Properties. In no event shall the granting of a variance in one inst~e -
require the Declarant to grant a similar or other type of variance in any other instance, it b~g (Jl
understood that the granting of variances from the restrictions, conditions and requirements of :::
this Article shall be in the sole and absolute discretion of the Declarant, subject to compliance
with City Codes.
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The Architectural Review Board and any and all officers, directors, employees, agents
and Members of the Association shall not, either jointly or severally, be liable or accountable
in damages or otherwise to any Owner or other person or party whomsoever, by reason of or
on account of any decision, approval or disapproval of any plans, specifications or other
materials required to be submitted for review and approval pursuant to provisions of this Section
of this Declaration, or for any mistake in judgment, negligence, misfeasance, or nonfeasance
related to or in connection with any such decision, approval or disapproval, and each Owner by
acquiring title to any Lot or interest therein, shall be deemed to have agreed that he or it shall
not be entitled to and shall not bring any action, proceeding or suit against such parties.
6.10 Exterior Appearances and Landscaping. The paint, coating, stain and other
exterior finishing colors on all Residences and masonry walls may be maintained as that
originally installed, without prior approval of the Architectural Review Board, but prior approval
of the Architectural Review Board shall be necessary before any such exterior finishing color
is changed.
6.11 Commercial Trucks, Trailers, Campers and Boats. With the exception of non-
commercial trucks with 3/4 ton capacity or less, 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, unless same shall be parked or
stored entirely within and fully enclosed by a garage. This prohibition of parking shall not apply
to temporary parking or trucks and commercial vehicles, such as for pick-up and delivery and
other commercial services, nor to non-commercial vans for personal use which are in acceptable
condition in the sole opinion of the Board of Directors (which favorable opinion may be changed
at any time), nor to any vehicles of the Declarant or those required by any builder during
construction on any Lot. No on-street parking shall be permitted. In the event any provision
of this covenant is breached, the Declarant or the Association may have said truck, commercial
vehicle, camper, mobile home, motorhome, house trailer, other trailer, recreational vehicle,
boat, boat trailer, or horse trailer towed from the Properties at the Lot Owner's sole cost and
expense, and an individual Assessment may be levied therefor against such Owner.
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6.12 Garbage 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 governmental authority for disposal or collection of waste shall be complied witP-. '...0
All equipment for the storage or disposal of such material shall be kept in a clean and sani~ c::>
condition. All garbage and trash containers and their storage areas and the like shall be Kept -.J
within a garage, placed inside an enclosure approved by the Architectural Review Board, ~r
behind opaque walls attached to and made a part of the Residence on each Lot, and othe~e
in conformity with applicable rules, regulations and approvals. Such containers may noFbe-
placed out for collection sooner than the night prior to scheduled collection and must be remo~d ~
within the night of collection. N
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6.13 Fences. No fence, wall or other similar structure shall be erected on any Lot
unless the materials therefor and color thereof are in accordance with such standards as may be
adopted by the ARB and the location and dimensions thereof are approved by the ARB. The
ARB shall have the right to adopt such standards as it deems advisable in regard to the location
and height of and colors and materials for any fences installed within the Properties. In no event
shall any wall or fence exceed six (6) feet in height. Further, in no event shall any fences
forward of the front building line exceed four (4) feet in height.
6.14 Mailboxes. No mailboxes or similar improvement shall be installed on any Lot
unless the location thereof has been approved by the ARB and the materials therefor and color
thereof have been approved by the ARB and are in accordance with such standards for materials
and colors as may be adopted by the ARB. All mailboxes shall satisfy U.S. Post Office
regulations when they are installed. Breakaway mailboxes are encouraged.
6.15 No Drying. To the extent lawful, no clothing, laundry or wash shall be aired
or dried on any portion of the Properties which is visible from the adjacent Lots, or the streets,
or any other adjoining portion of the Properties.
6.16 Unit Air Conditioners and Reflective Materials. No air conditioning units may
be mounted through windows or walls or on any roof. Central air conditioning units shall be
screened from view by such walls and/or landscaping as may be approved by the ARB. 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, except
such as may be approved by the Architectural Review Board for energy conservation purposes.
6.17 Exterior Antennas. No exterior antennas, microwave antennas, satellite
antennas, microwave dish, satellite dish, transducers, or signal amplification systems for use in
connection with television or radio equipment or the like shall be permitted on any Lot or
improvement thereon, except that Declarant shall have the right to install and maintain
community antenna, microwave antenna, dishes, satellite antenna and radio, television and
security lines.
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6.18 Chain Link Fences. No chain link fences shall be permitted on any Lot or h)
portion thereof, unless installed by Declarant during construction periods or around any retent~ ~
or detention areas as required by the City of Winter Springs. Z --l
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6.19 Recreational Facilities. No tree houses, or skate board or bicycle ramps sl}ijl
be constructed or placed upon the Properties. Basketball goals may be permitted, subject to the
approval of the ARB as to the type of equipment to be installed and the location thereof. ~ U1
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6.20 Garage. Each Residence shall have a garage large enough to accommodate at w-
least two (2) cars. Garage doors shall remain in operating condition and shall remain down at
all times except when moving automobiles or transporting items to and from the Residence
through the garage.
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6.21 Residence. Each Residence constructed on a Lot shall have a minimum heating
and cooled living area as follows:
A. For Lots less than seventy-five feet (75') wide in the front yard, no less
than one thousand (1,000) square feet.
B. For Lots seventy-five feet (75') or more wide in the front yard, no less
than one thousand four hundred (1,400) square feet.
For purposes of determining the width of comer Lots, in order to apply the foregoing
restrictions, the shorter street frontage shall constitute the front yard.
6.22 Roofs. The roofs of the main body of all buildings and other structures,
including the Residence, shall be pitched. No flat roofs shall be permitted without the approval
of the Declarant and the Architectural Review Board. The Declarant and Architectural Review
Board may, in their discretion, approve flat roofs on part of the main body of a building if
architecturally compatible with the remainder of the roof structure, the particular building on
which it is to be constructed and all adjacent residences and other structures. The pitch of all
roofs shall be not less than six inches (6") in twelve inches (12") (6/12 vertical/horizontal). All
roofs shall be constructed of clay, tile, cement tile, slate, fiberglass, standing seam copper, cedar
shake shingle, architectural shingle, or other materials approved by the Architectural Review
Board. All roof colors must be approved by the Architectural Review Board in its sole
discretion. No pure white, pure black or pure primary colored roofs shall be permitted.
6.23 Grass. No type or variety of grass other than St. Augustine grass or a hybrid
thereof shall be planted on any Lot, and such grass shall be fully planted on such areas where
specified on a landscape plan approved by the Architectural Review Board. The planting of
grass on each Lot shall be accomplished by the installation of full sod covering the entire area
required to be grassed. Partial sodding, sprigging, plugging or seeding shall not be permitted,
except to replace any dead sod.
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6.24 Irrigation Systems. All landscaped and grassed open areas on each Lot shall be:".,,)
irrigated by means of an automatic underground irrigation or sprinkling system capabl~of~
regularly and sufficiently watering all lawns and plantings within such open areas. The pJans--.J
and specifications for each such irrigation or sprinkling system shall be included in ~nd
submitted with and reviewed and approved by the Architectural Review Board as part o~he
landscape plan required pursuant to the provisions of Section 6.23 above. g
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6.25 Precedence Over Less Stringent Governmental Regulations. In those inst<fii'ce~
where the covenants, conditions and restrictions set forth in this Article set or establislF
minimum standards in excess of the ordinances, regulations and requirements of the City of
Winter Springs and other applicable government authorities, including without limitation,
building and zoning regulations, the covenants, conditions and restrictions set forth in this
Article shall take precedence and prevail over any such less stringent ordinances, regulations and
requirements. Notwithstanding the foregoing, all laws and regulations of the City of Winter
Springs shall be complied with by all owners of the Properties (nothing herein is intended to
prevent any owner of any portions of the Properties from seeking variances, special exceptions,
waivers, etc. from the laws and regulations of the City of Winter Springs).
6.26 Solar Panels. Solar panels may only be constructed on the roof of a Residence
so as not to be visible from the adjacent street (or configured so as to minimize visibly in the
case of corner Lots) and only after review and approval by the ARB, in its sole and absolute
discretion. The ARB reserves the right to promulgate such performance standards and require-
ments as it may deem desirable in regard to the installation of solar panels.
6.27 Construction Time. Unless and otherwise approved by the Architectural Review
Board in writing, construction of Residences and other improvements must be commenced not
later than six (6) months from the date that the Architectural Review Board issues its written
approval of the final plans and specifications therefor. If construction does not commence within
such six (6) month period the plans and specifications for any proposed construction must once
again be reviewed and approved by the Architectural Review Board in accordance with the
provisions of this Article and any prior approval of the same by the Architectural Review Board
shall no longer be binding on the Architectural Review Board. Upon commencement of
construction, such construction shall be prosecuted diligently, continuously and without
interruption to completion within a reasonable time; but in no event more than one (1) year from
the date of the commencement of such construction, however, the Architectural Review Board
shall have the power and authority to extend the period permitted for construction, as aforesaid;
provided that the Owner and general contractor involved make written application for such
extension stating the reasons for the requested extension of time and provided further that the
Architectural Review Board, in the exercise of its discretion, determines that the request is
reasonable and the extension is warranted.
6.28 Plats. All purchasers oflots and houses which are the subject of this Declaration
shall receive a copy of the plat within which their lots and houses are located.
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6.29 Escrow of Reserve Account. Notwithstanding anything contained herein to thcu,
contrary, Declarant agrees to escrow the portion of the annual Assessment allocated to reserv~
accounts for the benefit of the Members (which reserve account shall not be less than 10% ~
the total annual Assessments collected). The Declarant shall turn over the escrowed funds t~
the Association at the time the Class B Membership shall cease and be converted to Class ~
Membership. In no event shall Declarant be obligated to fund the reserve account except as may;>
be provided under paragraph 5.14 herein. ~
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6.30 Additional Rules and Regulations. In addition to the foregoing, the Association
shall have the right, power and authority, subject to the prior written consent and approval of
Declarant, to promulgate and impose rules and regulations governing and/or restricting the use
of the Properties and Lots, including without limitation rules and regulations relating to the
placement or installation of any type of improvement on any Lot, and to thereafter change,
modify, alter, amend, rescind and augment any of the same; provided, however, that no rules
and regulations so promulgated shall be in conflict with the provisions of this Declaration. Any
such rules and regulations so promulgated by the Association shall be applicable to and binding
upon all the Properties and the Owner's thereof and their successors and assigns, as well as all
guests and invitees of and all parties claiming by, through or under such Owners.
ARTICLE VII.
ENFORCEMENT
7.1 Compliance by Owners. Every Owner shall comply with the terms, provisions,
restrictions and covenants set forth herein and any and all rules and regulations which from time
to time may be adopted by the Board of Directors of the Association.
7.2 Enforcement. The Declarant, the Association, the Association Board of
Directors, the Architectural Review Board, each Owner, the City of Winter Springs, Florida,
or any other party as provided herein shall have the right to enforce this Declaration and the
covenants, restrictions and provisions hereof. In addition, the St. Johns River Water
Management District shall have the right to enforce this Declaration with respect to the operation
and maintenance of the stormwater management system for the Properties. Enforcement of this
Declaration and the covenants, restrictions and provisions hereof may be accomplished by any
proceeding at law or in equity, including without limitation, an action for damages and injunctive
relief. The Association shall have the right to suspend the voting rights and use of the Common
Area of any defaulting Owner. Failure to enforce any covenant, restriction or provision hereof
shall not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner shall
be responsible for all costs incurred in enforcement of this Declaration, including but not limited
to, attorney, paralegal and legal assistant fees, costs and expenses, related fees, costs and
expense, court costs and witness and expert fees and costs, whether suit be brought or not, and
whether in settlement, in any declaratory action, at trial or on appeal.
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The storm water management system of the Properties is subject to the jurisdicti~ of-.J
the St. Johns River Water Management District, which has issued a permit for the operati~of
such system, as the same may be amended from time to time (collectively the "Permit") a~ is
also subject to the jurisdiction of the City of Winter Springs. The Association shall own,-
operate and maintain all retention ponds and drainage improvements as may be sin:vned~
throughout the Common Areas. The Association shall maintain the stormwater manageinento'\
system in accordance with all Permit and City of Winter Springs requirements.
ARTIC~~ "III.
STORMWAT~R MANAG~M~NT SYST~M
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ARTIC~~ IX.
G~N~RA~ PRO"ISIONS
9.1 Municipal Service Taxing Units. Upon acceptance of any deed or other
instrument conveying title to any wt, each Owner thereof acknowledges that each such ~ot is
or may be located in one or more municipal service taxing units (each is an "MSTU") for the
purpose of providing street lighting or any other purposes for which an MSTU may be
established under Florida law. ~ach Owner agrees to be subject to and bound by such MSTUs
and to pay all fees, charges, surcharges, levies and assessments, in whatsoever nature or form,
relating to said districts and/or to the Owner's wt. Further, each Owner agrees that it shall
cooperate fully with Declarant or the Association in connection with any efforts of Declarant or
the Association to include the Properties in any MSTUs, and to execute any documents or
instruments which may be required to do so.
9.2 Insurance and Fidelity Bonds. The Association may obtain and maintain in
effect casualty and liability insurance and fidelity bond coverage in form and amount as may be
deemed advisable by the Board of Directors of the Association.
9.3 Duration: Amendment. The covenants and restrictions of this Declaration shall
run with and bind the Properties for a term of thirty (30) years from the date this Declaration
is recorded, after which they shall be automatically extended for successive periods of ten (10)
years; unless during the last year of its applicability during the initial term or any extension
period no less than seventy-five percent (75 %) of each class of Members at a duly noticed
meeting of the Association vote in person or by proxy to terminate this Declaration. Provided,
however, no such termination shall void the duty of the Association to maintain the stormwater
management system unless specifically allowed by the St. Johns River Water Management
District and the City of Winter Springs. Further, no such termination shall have the effect of
terminating any easements herein provided or reserved. This Declaration may be amended
during the first twenty (20) year period by an instrument signed by not less than ninety percent
(90%) of the wt Owners, and thereafter by an instrument signed by not less than seventy-five
percent (75 %) of the wt Owners. Any such amendment must be recorded in the Public Records
of Seminole County, Florida.
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Notwithstanding any provision to the contrary herein contained, the Declarant shall have
the right to amend this Declaration without the consent, approval or joinder of any other persffil
or Owner, except the Federal Housing Administration (FHA) or the V eterans Administrat~
(V A), or the Federal National Mortgage Association (FNMA), or the Federal Home LciP
Mortgage Corporation (FHLMC), if such amendment is required in order to cause tfGs
Declaration to comply with applicable FHA, V A, FNMA and/or FHLMC requirements. stICh
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an amendment to this Declaration, the Articles of Incorporation or Bylaws of the Associatfon
needs to be signed and acknowledged only by the Declarant and need not be approved by the
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Association, Lot Owners or lienor or mortgagees of Lots, whether or not elsewhere required for
an amendment.
9.4 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 a Member
or Owner on the records of the Association at the time of such mailing.
9.5 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 applications in other circumstances, all
of which shall remain in full force and effect.
9.6 Annexation of Additional Land. Other than annexation of the Additional
Properties while Declarant is a Class B Member as provided in and governed by Section 2.2
above, 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.
9.7 Effective Date. This Declaration shall become effective upon its recordation in
the Public Records of Seminole County, Florida.
9.8 FHA/V A Approval. Notwithstanding anything herein to the contrary, as long
as there is a Class B Membership in the Association, the following actions will require the prior
approval of the FHA or the V A: annexation of additional properties; dedication of common
areas; and amendment of this Declaration of Conditions, Covenants, Easements and Restrictions.
9.9 Conflict. This Declaration shall take precedence over conflicting provisions in
the Articles of Incorporation and Bylaws of the Association and the Articles shall take
precedence over the Bylaws.
9.10 Standards for Consent. Approval. Completion. Other Action and
Interpretation. Whenever this Declaration shall require the consent, approval, completion,
substantial completion, or other action by the Declarant, the Association or the Architectural
Review Board, such consent, approval or action may be withheld in the sole and absolute
discretion of the party requested to give such consent or approval or take such action, and all
matters required to be completed or substantially completed by the Declarant or the Association
22
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shall be deemed completed or substantially completed when so determined, in the discretion of
the Declarant or Association, as appropriate.
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9. 11 Easements. Should the intended creation of any easement provided for in this 3:
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 such grant of easement ~
deemed not to have been so created shall nevertheless be considered as having been granted n
directly to the Association as agent for such intended grantees for the purpose of allowing the ~
original party or parties to whom the easements were originally intended to have been granted?
the benefit of such easement and the Owners hereby designate the Declarant and the Association
(or either of them) as their lawful attorney-in-fact to 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 created 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.
9.12 Covenants Running With The Land. ANYTHING TO THE CONTRARY
HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND
SUBJECT TO THE LIMITATIONS) OF SECTION 9.3 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. 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 RESTRICTIONS 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.
9.13 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 and acceptable to the St. Johns River Water Management District. Failing the
ability to find a non-profit organization to succeed to the Association within ninety (90) days of
dissolution of the Association, all Association assets may be dedicated to the city government
of the City of Winter Springs, Florida or any applicable municipal or other governmental
authority. Said successor non-profit organization or governmental entity shall pursuant to this
Declaration provide for the continued maintenance and upkeep of the Common Area, including
without limitation the stormwater management system, the Properties and such other property
as may be contemplated herein.
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ARTICLE X.
CITY OF WINTER SPRINGS. FLORIDA
Notwithstanding any other provisions contained herein, no amendments may be made
to this document without the prior approval of the City of Winter Springs, Florida. The City
of Winter Springs is a third party beneficiary with the right to legally enforce this document or
any part or provision hereof. Nothing contained herein shall be construed to permit or authorize
any violations or deviations from the City Code, City of Winter Springs, Florida.
EXECUTED as of the date first above written.
Signed, sealed and delivered
in the presence of:
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Name: Jeffrey W. Brudner
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 4th day of April ,
1995, by Burton A. Bines, as President of Intomm, Inc., Delaware corporation, on behalf of
said corporation. He is personally known to me.
~~d<~
otary Public /
Printed Name: Eleanor Scuderi
Commission Number: CCI25500
My Commission Expires:
24
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MO'IMY PUBLIC S'lATE O!'i~~~;'
MY' CCM4ISSION !XP.~~..~.;.:, >1.....'..
BOlIDED 7HRU GENElW..hrS'} ~"~.
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Page I of 4
That part af the map ef the Phillip R. Yenge Grant, as recerded
in Plat Baak 1, Pages 35 threugh 38 ef the Public Recerds pf
seminele Ceunty and that part af sectien 5, Tewnship 21 Seuth,
Range 31 East, Seminele Ceunty, Flarida,' descriJ::kd' as' fellews:"
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Cemmence at the Nertheast corner of sectien 8, Tewnship 21. Seuth, rr1
Range 31 East, seminele Ceunty, Florida, thence run SOo024'55"E" g
aleng the East line ef the Nertheast 1/4 ef said Section'8 fer a ~
distance af 205.56 feet to. the Nertherly right-af-way line ef the r
Lake Charm Branch af the Seabeard Ceast Line Railread (100' R/W) i .
thence run N54034'57"W aleng said Nartherly right-af~way line far
a .distciric'er af 293.14 feet to. a peint 'an a curve. cencave
sauthwesteriy having a radius af 1959.19 feet and a cherd bearing
ef N66056'09"W; thence run Nerthwesterly alang the arc ef said
curve and said Nertherly right-ef-way line threugh a central
angle of 24044'10" fer a distance ef 845.83 .:f~eet to. .the peint,9f
tangency; thence run N79018'14"W aleng said Nertherly right-ef-
way lin~ for a distance ef 162.82 feet to. the POINT OF BEGINNING;
thence centinue N79 0 18' 14 "N aleng said Ne~erly right-ef-way
line for a distance ef 52S.44 ~eet to. the paint af ~ature ef a
curve' cencave seuthwesterly having a; radius ef 2612 - 09 feet;
thence run Nerthwesterly aleng the arc ef' said curve 'ahd said
Nertherly right-ef-way line threugh a central angle of 11046' 38"
fer a distance ef 536.,92 feet to. the peint ef tangency; thence
run S88055'OS"N aleng said Nertherly right-af-way line for a
distance ef 96: 4.? feet to. the Easterly right-ef-way line ef
propased.,Yistawilla Drive and a peint en a curve cencave
South.~sterly having a radius ef 460.; 00 .feet and' a cherd' be_ar.i.ng.
of N44053 '2S"E; thence run Nertheasterly alang the arc ef. said
curve and said Easterly right-ef-way line thraugh a central angle
of 69000'18" fer a distance af 554.01 feet to. the peint af
reverse curvature af a curve cencave Narthwesterly having a
radius of 790.00 feet and a chard bearing af N44050'50"E; thence
run 'Nartheasterly aleng the arc ef said curve and said Easterly
righ~-of-way line threugh a central angle af 69005'33" for a
distance of 952.65 feet to a point ef non-tangency; thence
leaving. said Easterly right-of-way ljne _~ S89032'22"E aleng a
non-radial 'line for a distance af 1039.34 feet to. the Westerly
right--of-way line ef the Black HalDlllock Branch of the Seaboard
cqastline Railread; thence run' S06021'38"W along said Westerly
right-pf-way line for a distance of 525.90 feet to' the point af
curvature of" a curve cancave Westerly' having a radius ef 552.67
feet and a cherd bearing ef S12032'48"W; thence run Southwesterly
along: . the . arc of said curve and said Westerly right-of-way line
thraugha central angle ef 12022'20~, fer a distance af 119~34
feet to a point an. a curve"c::encave Nerthwesterlyhaving a radius
of 656.13 feet and a cherd bearing of S51012'30"Wi thence ,run
Southwesterly aleng the arc af said cur'J'e and said Westerly
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Page 2 of 4
right-of-way line through a central angle of 77002' 04" for a
distance of 882.17 feet to a point.on a curve concave No~therly
having a radius of. 799.85 feet and a chord bea~~ng of~
N85021' 14"W; thence run Northwesterly along the arc of sa~d curver:
and said Westerly right-of-way line through a central a~gle of::
12005'59" for a distance of 168.91 f~et to .the P?1nt ofo
Intersection of said Westerly right-of-way l1De w~tJ? the::;:;
Northerly: right-of-way line of said Lake Charm Branch of the("')
Seaboard Coastline Railroad right-9f-way and the POINT OFo
BEGINNING; AND ~
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Commence at the Northeast corner of Section 8, Township .21 South,
Range 31 East, seminole County, Florida, thence run S00024'55"E
along th~ East line of the Northeast 1/4 of said s~ction 8 for a
distance of 205.56 feet to the Northerly right-of-way line of the
Lake Charm Branch of the Seaboard Coast Line Rail.r.oad (100' R/W);
thence run N54034'57"W along said Northerly right-of-way line for
a distance of 293.14 feet to a point on a curve concave
Southwesterly having a radius of 1959.19 feet and a chord bearing
of N66056' 09"W; thence run Northwesterly along the arc of said
curve and said Northerly right-of-way line through a centra],.
angle of 24044'10" fora distance of 845.83 feet to the point of
tangency; thence run N79 018 '14"W along said Northerly right-of-
way line for a distance of 691.26 feet to the point of curvature
of a curve concave Southwesterly having a radius of 2612.09 feet;
thence run Northwesterly along the arc of said curve and said
Northerly right-of-way line through a central angle of 11046'38"
for a distance of 536.92 feet to the point of tangency; thence
run. S88055'08"W along sa~_d Northerly right-of-way line for a
distance of 178.11 feet -to the Westerly right-of-way._ ),.ine of
prop<:.sed "Vis"tawilla Drive and the POINT OF BEGINNING i thence run
Nl0023 , 19"E along said Westerly right-of-way line 'for distance
of 16.23 feet to the point of curvature of a curve concave
Southeasterly having a radius of 540.00 feet; thence run
Northeasterly along the arc of said curve and said Westerly
right~of.,Tway line through a central angle of 02037' 17" for a
distance'of 24.71 feet; thence run S88055'08"W along a non-radial
line for a distance of 190.00 feet; thence run N54035'37"W for a
distance of 329.61 feet; thence run N15009' 35"E for a distance
of 65.02 feet; thence run S77005'06"E for a distance of 390.41
feet; thence run S54041'21"E for a distance of 114.37 feet to a
point ona non-tanget curve concave Southeasterly having a radius
of 540.00 feet and a chord bearing of N51037'16"E; thence run
Northeasterly along the arc of said curVe' and along the aforesaid
Westerly right-of-way line throUgh a central angle of 55032'41"
for a distance of 523.50 feet to the point of reverse curvature
of a curve concave Northwesterly having a radius of 710.00 feet
and a chord bearing ,of N71054'55"E; thence run Northeasterly
along the arc of said curve and .said Westerly right-of-way' line
through a central angle of 14057'22" for' a distance of 185.33
feet; thence leaving said Westerly righ-of-way line run
N30022 '39"W al.ong a non-radial. l.ine for a distance - of 356.04
feet; thence run N89052' 39"W for a distance of 2100.00 feet;
thence N00007'21"E for a distance of 100.00 feet; thence
N89052 '39"W for a distance of 1465.59 feet more or l.ess to the
centerl.ine of Howell creek; thence run Southerly al.ong the
centerline of Howell creek for a distance of 1200 feet more or
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less to the Northerly right-of-way line of Lake Charm Branch of ~
the Seaboard Coastline. Railroad;, thence run N88055'08"E along z
said right-of-way line for a distance of 3170 feet more or less ~
to the POINT OF BEGINNING. fTl
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A PORTION OF SECTION 5. TOWNSHIP 2' SOUTH. RANGE 31 EAST.
SEMINOLE COUNTY. FLORIDA. MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF SECTION 8. TOWNSHIP 21
SOUTH. RANGE 31 EAST. SEMINOLE COUNTY. FLORIDA. THENCE RUN
SDO.Z4"5SiE. ALONG THE EAST LINE OF THE NORTHEAST '/4 OF
SAID SECTION 8. A OISTANCE OF 205.56 FEET TO THE NORTHERLY
RIGHT-OF-WAY LINE OF THE LAKE CHARM BRANCH OF THE SEABOARD
COASTLINE RAILROAD ('00" R/w). THENCE RUN NS4-34"57-W. ALONG
SAIO NORTHERLY RIGHT-OF-WAY LINE FOR A OISTANCE OF 293.1~
FtET TO A POINT ON A CURVE. CONCAVE SOUTHWESTERLY. HAVING A
CENTRAL ANGLE OF 24-44"'OM AND A RADIUS OF '959.'9 FEET.
THENCE FROM A TANGENT BEARING OF NS4-34'04-W. RUN
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NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NOflTHERLY
RIGHT-OF-WAY LINE. A DISTANCE OF 845.83 FEET TO THE POINT
OF TANGENCY. THENCE RUN N79-IB'14-W. ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE. A DISTANCE OF 162.82 FEET FOR A POINT OF
BEGINNING. THENCE CONTINUE N79-IS"4-W. ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 528.44 FEET TO
THE POINT OF CURVATURE OF A CURVE. CONCAVE SOUTHWESTERLY.
HAVING A CENTRAL ANGLE OF 11-46'~8- AND A RADIUS OF 2612.09
FEET. THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE.
A DISTANCE OF 536.92 FEET TO THE POINT OF TANGENCY. THENCE
RUN S88-S5'oa-w. A DISTANCE OF 96.48 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE. SAID POINT ALSO
BEING ON A CURVE. CONCAVE SOUTHEASTERLY. HAVING A CENTRAL
ANGLE OF 69-00'~8- AND A RADIUS OF 460.00 FEET. THENCE
DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE. 'ANO FROM, A
TANGENT BEARING OF'NIO-2~.19:-e. RUNNORTHE~TERLY ALONG TH~
ARC OF SAID CURVE. AND SAID EASTERLY RIGHT-OF-WAY'LINE. A
DISTANCE OF SS4.DI FEET TO THE POINT OF REVERSE CURVATURE OF
A CURVE. CONCAVE NORTHWESTERLY. HAVING A CENTRAL ANGLE OF
69-05.32- AND A RADIUS OF 790.00 FEET. THENCE RUN
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Page 4 of 4
NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTAN~E OF
9S2.65 FEET. THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY
LINE. RUN S89-32'22-E. DISTANCE OF 551.33 FEET. THENCE
SOO-27'38-W. A DISTANCE OF 100.00 FEET. THENCE SSI-~S'~7-E.
A DISTANCE OF 71.24 FEET TO A POINT ON A CURVE. CONCAVE
SOUTHEASTERLY. HAVING A CENTRAL ANGLE OF 37-19'20. AND. A
RADIUS OF 7S.00 FEET. THENCE FROM A TANGENT BEARING OF
S43-40'SS-W. RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE.
A DISTANCE OF 48.85 FEET TO THE POINT OF TANGENCY, THENCE
RUN S06-21 '38'"W. '. A DISTANCE" OF 21.96 FEET, THENCE
N83-38"22-W. A DISTANCE OF 110.00 FEET. THENCE S06-21"38'"W.
A DISTANCE OF 213.30 FEET, THENCE N89-32'22-W. A qISTANCE OF
282.00 FEET. THENCE SOO-27"3S-W. A DISTANCE OF 160.00.FEET.
THENCE NS9-32"22-W. A DISTANCE OF 21.9~ FEET, THENCE
SOO-27'3S-W. A DISTANCE OF 110.00 FEET. THENCE S89-32"22-E.
A DISTANCE OF 410.00 FEET, THENCE S05-0~'5B-W. A DISTANCE OF
50.30 FEET. THENCE S04-41 'S3-W' A DISTANCE OF 39.51 FEET.
THENCE NSs-Os'14'"W. A DISTANCE OF ~5.80 FEET. THENCE
S3S-S3'43-W. A DISTANCE OF 76.63 FEET. TH~NCE S37-IS'33-W. A
OISTANCE OF 62.91 FEET. THENCE SOO.09'28-E. A DISTANCE OF
147.96 FEET. THENCE S23-06'19-E. A DISTANCE OF 12i.23 FEET
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TO A POINT ON THE AFOREMENTIONED NORTHERLY RAILROAD RIGHT-
OF-WAY "LINE. SAID POINT BEING ON A CURVE. CONCAVE NORTHERLY.
HAXIJ-IG. A CENTRAL ANGLE OF 13-02 "55. AND A RADI.US Of 656.13
FEET,'THENCE FROU A TANGENT BEARING OF S76-40'37:'"W. RUN
WESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 149.43
FEET TO A POINT ON A CURVE, CONCAVE NORTHERLY. HAVING A
CENTRAL ANGLE OF 12-05'59. AND A RADIUS OF 799.85 FEET,
THENCE FROM A TANGENT BEARING OF SSS-35"47-W. RUN WESTERLY
ALONG THE ARC OF SAID CURVE TO THE.POINT OF TANGENCY AND THE
POINT OF BEGINNING.
CONTAINING 21.772 ACRES. MORE OR LESS.
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SEMINOL~ ,:OUl\U'l'. r I
RECORDr " VtRIFle: I
96 JAN I I AM \0: I ~
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MARYANNE MORSE ,_,'
CLERK OF CIRCUIT COt,';'. r
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Prepared by ~.._ to:
Geoffrey D. Withers
Graham, Clarle, Jones, Pratt & Maries
P.O. Drawer 1690
Winter Parle, Florida 32790
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SECOND SUPPLEMENTAL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
THIS SECOND SUPPLEMENTAL DECLARATION is entered into this 2. 7~day of
October, 1995 by MORRISON HOMES OF FLORIDA, INC., a Florida Corporation and by
INTOMM, INC., a Delaware corporation qualified to transact business in Florida.
WIT N E SSE T H:
WHEREAS, INTOMM, INC. created that certain Declaration of Conditions, Covenants,
Easements and Restrictions for Howell Creek Reserve Community Association, Inc. dated April
4, 1995, recorded April 25, 1995 in official Records Book 2907, Page 1556 of the Public Records
of Seminole County, Florida (the "Declaration") concerning certain real property located in
Seminole County, Florida; and
WHEREAS, INTOMM, ING!,did assign its rights as Declarant under the Declaration to
GEORGE WIMPEY OF FLORIDA,"tNC., a Florida Corporation, under that certain Assignment
of Declarant's Rights Under Declaration of Covenants, Conditions and Restrictions for Howell
Creek Reserve Community Association, Inc. dated April 27, 1995, which assignment remains in
full force and effect; and
WHEREAS, GEORGE WIMPEY OF FLORIDA, INC. did change its name to
MORRISON HOMES OF FLORIDA, INC. (hereinafter "Declarant") as evidenced by that certain
certificate from the Florida Secretary of State dated July 13, 1995, and recorded in Official
Records Book 2954, Page 71, Public Records of Seminole ~unty, Florida; and
WHEREAS, the Declaration reserves the right unto the Declarant, from time to time, in
its discretion, to cause additional lands to be subjected to the jurisdiction of the Declaration; and
WHEREAS, INTOMM, INC. (hereinafter the "Owner") is now the owner of certain real
property situate in Seminole County, Florida, more particularly described as follows, to wit:
All of EAGLES WATCH, PHASE TWO according to the Plat thereof
recorded in Plat Book 5 () . Page 20 ~ 2. 'Public Records of Seminole
County, Florida
(the ;;Additional Property"); and
WHEREAS, Declarant and Owner, pursuant to the provisions of Article II of the
Declaration, wish to extend the scheme of the Declaration to the Additional Property.
NOW, THEREFORE, Declarant and Owner agree that the above recitals are 9:Ue and
correct and hereby declare that the Additional Property shall be held, sold and conveyed subject
to the Declaration which is for the purpose of protecting the value and desirability of the
Additional Property and which shall run with such land and shall be binding on all parties having
any right, title or interest in the Properties (to include the Additional Property), as defined in the
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/ thereof.
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Witnesses:
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Priiit Name: U~f\ ' rh (20 -es,
DECLARANT:
MORRISON HOMES OF FLORIDA, INC.
By: ~ ~_
Douglas F. Eshelman,
Land Resources Manager
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Print Name~~ ~"-llilJ."",
(CORPORATE SEAL)
Address: 250 Park Avenue, South, Suite 300
Winter Park, Florida 32789
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. t Name: ~ I 'Q." C e, t30(.(.)m~
By:
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Print Name: ///17 L~I.()IS
(CORPORATE SEAL)
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this dU ~ day of w
~lt,C . 1995, by Douglas F. Eshelman, as Land Resources Manageru9f ~=>
MORRISON HOMES OF FLORIDA, INC., a Florida corporation, on behalf of the corporatlQ.h. -
He is personally known to me or has produced as identificatfWt. -.J
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NOTARY PUBUC , ,_ ~ 2j
Print Name: 0,(,1J P v (l.) /0. (,t\j, ( (( d 1~7/j j CJ1
State of Florida at Large
MY COMMISSION EXPIRES:
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... d I3EVERL Y P WilliAMS
(AFFI* iiij1Aity ~CJlth"lIlon CC4,OO7QQ
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STATE OF FLORIDA
COUNTY OF 5~H IrA w;:'
The foregoing instrument was acknowledged before me this "2- 7 ~ day of
o t'___Tn ~1.Cl'( . 1995, by Burton A. Bines, as President of INTOMM, INC. a Delaware
corporation qualified to transact business in Florida, on behalf of the corporation. He is
personally known to me 'Of has produced 'as idcntifieatioB.
~~J~
dTARY PUBLIC
Print Name: c:..LE:t#vOt? S ~ u j) Et<:(
State of Florida at Large
MY COMMISSION EXPIRES:
(AFFIX NOTARY SEAL)
~~~V PUt} OFFICIAL NOTARY SEAL
o "<'..... ELEANOR SCUDERI
: ~~} ~ COMMISSION NUMBER
~ ~ CC479880
~<<' i MY COMMISSION EX!
OF F~?.,_ 6~q. 1.1~!!
- .~repared by... 111....... ... .
rR ,-,,--i /' Geoffrey D. Withers \
~ \;/ Gnlham, Clark, Jones, Pratt & Marks
/ ~ 0 P.O. Drawer 1690
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CLE:RK O~ CIRCUIT COURT
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RECORDED & VERIFIED
087602
/997 AUG I 3 Al4 9: I 5
FOURTH SUPPLEMENT AL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
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THIS FOURTH SUPPLEMENTAL DECLARATION is entered into this ~ day of
:Jln!':: ,1997 by MORRISON HOMES OF FLORIDA, INC., a Florida Corporation and
by INTOMM, INC., a Delaware corporation qualified to transact business in Florida.
WIT N E SSE T H:
WHEREAS, INTOMM, INC. created that certain Declaration of Conditions, Covenants,
Easements and Restrictions for Howell Creek Reserve Community Association, Inc. dated April
4, 1995, recorded April 25, 1995 in official Records Book 2907, Page 1556 ofthe Public Records
of Seminole County, Florida (the "Declaration") concerning certain real property located in
Seminole County, Florida; and
WHEREAS, INTOMM, INC. did assign its rights as Declarant under the Declaration to
GEORGE WIMPEY OF FLORIDA, INC., a Florida Corporation, under that certain Assignment
of Declarant's Rights Under Declaration of Covenants, Conditions and Restrictions for Howell
Creek Reserve Community Association, Inc. dated April 27, 1995, which assignment remains in
full force and effect; and
WHEREAS, GEORGE WIMPEY OF FLORIDA, INC. did change its name to
MORRISON HOMES OF FLORIDA, INC. (hereinafter "Declarant") as evidenced by that certain
certificate from the Florida Secretary of State dated July 13, 1995, and recorded in Official
Records Book 2954, Page 71, Public Records of Seminole County, Florida; and
WHEREAS, the Declaration reserves the right unto the Declarant, from time to time, in
its discretion, to cause additional lands to be subjected to the jurisdiction of the Declaration; and
WHEREAS, INTOMM, INC. (hereinafter the "Owner") is now the owner of certain real
property situate in Seminole County, Florida, more particularly described as follows, to wit:
All of HOWELL CREEK RESERVE PHASE THREE according to the
Plat thereof recorded in Plat Book .s'l- ,Pages <b"1 - <f> <B Public
Records of Seminole County, Florida
(the "Additional Property"); and
WHEREAS, Declarant and Owner, pursuant to the provisions of Article II of the
Declaration, wish to extend the scheme of the Declaration to the Additional Property.
NOW, THEREFORE, Declarant and Owner agree that the above recitals are true and
correct and hereby declare that the Additional Property shall be held, sold and conveyed subject
to the Declaration which is for the purpose of protecting the value and desirability of the
Additional Property and which shall run with such land and shall be binding on all parties having
any right, title or interest in the Properties (to include the Additional Property), as defined in the
Declaration, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
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OFFICIAL RECOROSe
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SEMINOLE CO. FL
IN WITNESS WHEREOF, Declarant and Owner have executed this instrument effective
as of the day and year first above written.
Witnesses:
~I.
DECLARANT:
MORRISON HOMES OF F
a Florida co
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By:
Print
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Address: 250 Park Avenue, SOHth~uite 300
Winter P rk, Florida 32"189'
Witnesses:
I~-<)~~~
rint Name: hi At4~ e. Borfnn,.,f
STATE OF FLORIDA
COUNTY OF ORANGE
T e foregoing instrument was acknowledged before me this d-771f- day of
,1997, by STi-vl- 1>A:NLf-1'- as J.t J: I~J I fJ~'1'
of SON HOMES OF FLORIDA, INC., a Florida corporation, on behalf of the
corporation. H@>ersonally known to me or has produ d as
identification.
By:
Prin /fro'" tI. ,.(('.c:;.~ it
Title: ~R~ S I DE'" T ,..,"'." ~ "',,',
_.......<.,~j~~,JI.. ',. " II "'.~..
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(CORPORATE SEALJ~~t ~.:',,:~. " ) {t;"", ~
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Address: 101 Wymore R~~d"Sll;ite 49q, '..... .-:
Altamonte Springs; Floriaa .3211 ~,../
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Pn f Name: E.. L. f=JtN() R s ~u.L>G JE'I
STATE OF FLORIDA
COUNTY OF ~J::HINOL~
/PrintNam
NOT AR PUBLIC
State of Florida at Large
My Commission Ex' .
..~~"H:;;', SHELLEY A. LICHT
f~I~\ MY COMMISSION' CC 422048
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W. i~} EXPIRES: January 14, 111II9
"~'I1f"f.\~:" IlondecI T1mI NotIIY NIle ~
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The foregoing instrument was acknowledged before me this Jt1::b.. day of
SUI'lf. ,1997, by (?U('-IOtJ A. r&Jr-J';::~ as fRG<;'\j)~NT ofINTOMM,
INC. a Delaware corporation qualified to transact business in Florida, on behalf of the
corporation. He is personally known to me QI' has prodtIccd --as
-ideAlili.atioo. ~. ... j ,
Oe--rr U~ ...-/
PInt Name: ~~~~1E1f1
NOTARY PUBLIC
State of Florida at Large
My Commission Expire:
~~{tY Pu8. OFFICIAL NOTARY SEAL
o . ~ ELEANOR SCUDERI
~ ~l ~ COMMISSION NUMB!-
~ '(' CC47888t'
.,.....~ i MY COIIMIII"
Of F\.O AUG,'
May 21, 1997
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P.O. Drawer 1690
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THIRD SUPPLEMENTAL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
\ THIS THIRD SUPPLEMENTAL DECLARATION is entered into this to4:b day of
'Y~M\e_ . 1996 by MORRISON HOMES OF FLORIDA, INC., a Florida Corporation and
by INTOMM, INC., a Delaware corporation qualified to transact business in Florida.
WIT N E SSE T H:
WHEREAS, INTOMM, INC. created that certain Declaration of Conditions, Covenants,
Easements and Restrictions for Howell Creek Reserve Community Association, Inc. dated April
4, 1995, recorded April 25, 1995 in official Records Book 2907, Page 1556 of the Public Records
of Seminole County, Florida (the "Declaration") concerning certain real property located in
Seminole County, Florida; and
WHEREAS, INTOMM, INC. did assign its rights as Declarant under the Declaration to
GEORGE WIMPEY OF FLORIDA, INC., a Florida Corporation, under that certain Assignment
of Declarant's Rights Under Declaration of Covenants, Conditions and Restrictions for Howell
Creek Reserve Community Association, Inc. dated April 27, .1995, which assignment remains in
full force and effect; and
WHEREAS, GEORGE WIMPEY OF FLORIDA, INC. did change its name to
MORRISON HOMES OF FLORIDA, INC. (hereinafter "Declarant") as evidenced by that certain
certificate from the Florida Secretary of State dated July 13, 1995, and recorded in Official
Records Book 2954, Page 71, Public Records of Seminole County, Florida; and
WHEREAS, the Declaration reserves the right unto the Declarant, from time to time, in
its discretion, to cause additional lands to be subjected to the jurisdiction of the Declaration; and
WHEREAS, INTOMM, INC. (hereinafter the "Owner") is now the owner of certain real
property situate in Seminole County, Florida, more particularly described as follows, to wit:
All of HOWELL CREEK RESERVE PHASE TWO according to the Plat
thereof recorded in Plat Book ~ Page~/l-W\- Public Records of
Seminole County, Florida
(the "Additional Property"); and
WHEREAS, Declarant and Owner, pursuant to the proVISIOns of Article II of the
Declaration, wish to extend the scheme of the Declaration to the Additional Property.
NOW, THEREFORE, Declarant and Owner agree that the above recitals are true and
correct and hereby declare that the Additi~nal Property shall be held, sold and conveyed subject
to the Declaration which is for the purpose of protecting the value and desirability of the
Additional Property and which shall run with such land and shall be binding on all parties having
any right, title or interest in the Properties (to include the Additional Property), as defined in the
Declaration, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
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as of the day and year first above written.J'v;'J~;;~.i"
Witnesses:
DECLARANT "1111111111""",,
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MORRISON HOMES OF fL~.l51.u~;'IN:~.~',s~~:::';'~ '
a Florida corp"oration Ia f~.," ~ ~~" e\'}f: '~.
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By: " =- ~ :&/;-
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Land Resources Manag'er":~'~:~,,~~~,,,' . I'
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Print Name: \ I ~C\ Pr. {\~J\J flP
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Print N a M. '( C' ..0 t-) 0 () ~
(CORPORATE SEAL)
Address: 250 Park Avenue, South, Suite 300
Winter ark, Florida 3 789
Witnesses:
-Prinb~WI5
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(CORPORATE SEAL) \~~""~~~ ) "Q( , .' .""~i ',. ~
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Address: 101 Wymore Road::Suit~.40~"~':~:~1'.' ~
Altamonte Springs, Florida 327i14,,;'4 " :;; ~
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this '-I day of
J v..n-t . 1996, by Douglas F. Eshelman, as Land Resources Manager of
MORRISON HOMES OF FLORIDA, INC., a Florida corporation, on behalf of the corporation.
He is personally known to me or has produced as identification.
Print Name: ~v D 'lioN we/d~
NOTARY PUBLIC
State of Florid~~rge JOY D. YON WERDER
MY COMMI~~*~~;1~158EXP1RE~'
..I/f......:.i~ IIOHllEOlltlU lllDV FA.. INSWHCE,IN:.
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STATE OF FLORIDA
COUNTY OF Semi no I-e...
The foregoing instrument was acknowledged before me this {~ day of
XJI)""L- . 1996, by Burton A. Bines, as President of INTOMM, INC. a Delaware
corporation qualified to transact business in Florida, on behalf of the corporation. He is
personally known to me.or has produced as idtmtifie8ti()n.
~i:2<~~w~
NOTARY PUBLIC
State of Florida at Larg
MY COMMISSION E
o.....p..P.y pu(} OFFICIAL-NoTARy'SEAL
~'0 "'A.E R BOWMA.
.... It- {'OMM18910N NUMBER
~ Q<( CC456606
t" OF F\.O~ MY COMMISSION EXP.
MAY 23 1999
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THIRD SUPPLEMENTAL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
\ THIS THIRD SUPPLEMENTAL DECLARATION is entered into this to..\:b day of
~t\ne_ .1996 by MORRISON HOMES OF FLORIDA, INC., a Florida Corporation and
by INTOMM, INC., a Delaware corporation qualified to transact business in Florida.
WIT N E SSE T H:
WHEREAS, INTOMM, INC. created that certain Declaration of Conditions, Covenants,
Easements and Restrictions for Howell Creek Reserve Community Association, Inc. dated April
4, 1995, recorded April 25, 1995 in official Records Book 2907, Page 1556 of the Public Records
of Seminole County, Florida (the "Declaration") concerning certain real property located in
Seminole County, Florida; and
WHEREAS, INTOMM, INC. did assign its rights as Declarant under the Declaration to
GEORGE WIMPEY OF FLORIDA, INC., a Florida Corporation, under that certain Assignment
of Declarant's Rights Under Declaration of Covenants, Conditions and Restrictions for Howell
Creek Reserve Community Association, Inc. dated April 27, 1995, which assignment remains in
full force and effect; and
WHEREAS, GEORGE WIMPEY OF FLORIDA, INC. did change its name to
MORRISON HOMES OF FLORIDA, INC. (hereinafter "Declarant") as evidenced by that certain
certificate from the Florida Secretary of State dated July 13, 1995, and recorded in Official
Records Book 2954, Page 71, Public Records of Seminole County, Florida; and
WHEREAS, the Declaration reserves the right unto the Declarant, from time to time, in
its discretion, to cause additional lands to be subjected to the jurisdiction of the Declaration; and
WHEREAS, INTOMM, INC. (hereinafter the "Owner") is now the owner of certain real
property situate in Seminole County, Florida, more particularly described as follows, to wit:
All of HOWELL CREEK RESERVE PHASE 1WO according to the Plat
thereof recorded in Plat Book ~ Page<b~-<(f\- Public Records of
Seminole County, Florida
(the "Additional Property"); and
WHEREAS, Declarant and Owner, pursuant to the provisions of Article II of the
Declaration, wish to extend the scheme of the Declaration to the Additional Property.
NOW, THEREFORE, Declarant and Owner agree that the above recitals are true and
correct and hereby declare that the Additional Property shall be held, sold and conveyed subject
to the Declaration which is for the purpose of protecting the value and desirability of the
Additional Property and which shall run with such land and shall be binding on all parties having
any right, title or interest in the Properties (to include the Additional Property), as defined in the
Declaration, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
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IN WIlNESS WHEREOF, Declarant and Owner have executed this instrument effective
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Witnesses:
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DECLARANT: """ met",//.f
MORRISON HOMES OF FX:~~t,:"INC:",'''''' '~, "',!,',',":,/.', ','
...... til.. "0. ~ So . .,.tJ:,.-tMi \.,.
a Florida corporation ~ fli!/ /!: ~ ;,'e\ jJ~\' "
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By: '.' - ." '- . 1.1;,;. iil'
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Douglas F. ,~~dma",)r} ,~" ........:J ~~:'i
Land Resources Mar(ag'e'r".~'~.U' ,.()~"", ' "',
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Print Name: \ j Act (l-, {\ ~\J eP
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(CORPORATE SEAL)
Address: 250 Park Avenue, South, Suite 30G
Winter ark, Florida 3 789
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Address: 101 Wymore R~ad,"'~it~.40~'\~\:~'~', ': ~
Altamonte Springs, Florida 321t14' Iv::!. -- '~~
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Witnesses:
-Prib~W'6
STATE OF FLORIDA
COUNTY OF ORANGE
r
The foregoing instrument was acknowledged before me this '-I day of
J tU}.t , 1996, by Douglas F. Eshelman, as Land Resources Manager of
MORRISON HOMES OF FLORIDA, INC., a Florida corporation, on behalf of the corporation.
He is personally known to me or has produced as identification,
Print Name: ~'t' 'D VD," wV'tl~
NOTARY PUBLIC
State of Florid~'l~rge JOY 0, YON WERDER
MY COMMI~~;~~~
'-~ ..... ~ IlONOEO 11fIU 'IRDY FAIN 1NQWlCE, INC,
'Rr.I'n\~
STATE OF FLORIDA
COUNTY OF .semino{~
The foregoing instrument was acknowledged before me this {I day of
XJr,...e......... ,1996, by Burton A. Bines, as President of INTOMM, INC. a Delaware
corporation qualified to transact business in
personally known to me.or has produced
Florida, on behalf of the corporation. He is
as identifiestion.
~~)/viwm~
int Name: p/~ ~~ l?OWt?1~
NOTARY PUBLIC
State of Florida at Larg
MY COMMISSION E
p.\(V PI, 0 . '-"
0" Vt9, FF/CIAL NOTARy'SEAL
.-"" "ANE R BOW.AN
.... ~ COMMISSION NUMBER
~ ~ CC456606
(" OF F\.O~ MY COMMISSION EXP.
MAY 23 1999