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DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
LORI ANNE ACRES
THIS DECLARATION, made on the date hereinafter set
forth by PARTNERSHIP V, a Florida general partnership,
FRANCESCO A. HESSINA, HAUREEN E. HESSINA, CHRIS S. DERATO,
DOROTHY A. DERA'l'O, RALPH E. HUTSON and JANES S. HANSON,
hereinafter referred to as "Declarants".
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WHEREAS, Declarants are the owners of certain property
in the City of l~inter Springs, County of Seminole, state of
Florida, which is more particularly described as:
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Lots 1, 2, 3 and 4, LORI ANNE ACRES, Plat
Book 26, page 31 in the Official Records
Book of Seminole County, Florida.
NOH, THEREFORE, Declarants hereby declare that all of
the properties described above shall be held, sold and
conveyed subject to the following easeQents, restrictions,
covenants, and conditions, which are for the purpose of
protecting the value and desirability of, and which shall
run with, the real property and be binding on all parties
having any right, title or interest in the described
properties or any part thereof, their heirs, successors and
2ssigns, and shall inure to the benefit of each Owner
thereof.
ART1CLE I
DEFINITIONS
A~~i~l~ "Association" shall mean and refer to
LORI ANNE ACRES HOMEOWNERSl ASSOCIATION, INC., a non-profit
corporation organized under the laws of the State of
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Fiorida, its successors and assigns.
.S.<::r,;:_'ti2.r._.-..L,_ "OHner" shull mean and refer to the
record owner, whether one or more persons or entities, of a
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fee simple title to any Lot which is a part of the
Properties, including contract sellers, but excluding those
having such interest merely as security for the performance
of an obligation.
Section 3. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such
additions thereto as may hereafter be brought within the
jurisdiction of the Association.
Section 4. "Common Area" shall mean all real
property (including the improvements thereto) to be
maintained and used by the Association for the common use
and enjoyment of the Owners. The Common Area to be
maintained and used by the Association at the time of the
conveyance of the first Lot is described as follows:
For each of the lots described herein, there
shall exist a Common Area defined as a parking
lot composed of eight (8) parking spaces and the
adjacent landscaping, those areas running
lengthwise on both sides of the building
structure from the parking lot to the rear
easement, and the easement itself. This Common
Area will be maintained by the LORI ANNE ACRES
HOMEOWNER'S ASSOCIATION, INC., a corporation not
for profit, organized pursuant to Chapter 617,
Florida Statutes. This Common Area shall exist
for the benfit of those residents residing in the
LORI ANNE ACRES units. The Common Areas to the
side and rear of each building structure are
there to provide access, if needed, for emergency
vehicles and other such persons or organizations
..
which have defined responsibilities and need such
acceSS.
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Section 5. "Lot" shall mean and refer to any plot of
land shown upon any recorded subdivision map of the
Properties with the exception of the Common Area.
Section 6. "Declarants" shall mean and refer to
PARTNERSHIP V, a Florida general partnership, FRANCESCO A.
MESSINA, MAUREEN E. MESSINA, CHRIS S. DERATO, DOROTHY A.
DERATO, RALPH E. HUTSON and JAMES S. HANSON, their heirs,
successors and assigns if such successors or assigns should
acquire more than one undeveloped Lot from the Declarant for
the purpose of development.
ARTICLE II
PROPERTY RIGHTS
~ection 1. Owner's Easements of Enjoyment. Every
Owner shali have a right and easement of enjoyment in and to
the Common Area which shall be appurtenant to and shall pass
with the title to every Lot.
Section 2. Own~r's Use of Lot. Use of Lots shall
be limited to residential purposes.
Section 3. Delegation of Use. Any Owner may
delegate in accordance with the By-Laws, his right of
enjoyment to the Common Area and facilities to the members
of his family, his tenants, or contract purchasers who
reside on the property.
ARTICLE III
~EMBERSHIPAND VOTING RIGHTS IN THE ASSOCIATION
~tion 1. Every Owner of a Lot which is subject to
assessment shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from
ownership of any lot which is subject to assessment.
Section 2. The Association shall have two classes of
voting membership:
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Cl9ss A. Class A members shall be all Owners, with
the exception of the Declarants, and shall be entitled
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to one vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons
shall be members. The vote for such Lot shall be
exercised as they among themselves determine, but in
no event shall more than one vote be cast with respect
to any Lot.
Class B. The Class B member shall be the Declarants
who shall be entitled to three (3) votes for each Lot
owned. The votes for each Lot shall be exercised by
the Declarants actually owning such Lot as they among
themselves determine. However, in no event shall more
than three (3) votes be cast with respect to any Lot.
The Class B membership shall cease and be converted to
Class A membership on the happening of either of the
following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class
A membership equal the total votes outstanding in
the Class B membership, or
(b) On January 1, 1985.
ARTICLE IV
COVENbNT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and ~ersonal
Obligation of Assessments. The Declarants, for each Lot
owned within the properties, hereby covenant, and each Owner
of any Lot by acceptance of a deed therefore, whether or not
it shall be so expressed in such deed, is deemed to covenant
and agree to pay to the Association: (1) annual assessments
or charges,and (2) special assessments for capital
improvements, such assessments to be established and
collected as hereinafter provided. The annual and special
assessments, together with interest, costs and reasonable
attorneys' fees shall be a charge on the land and shall be a
continuing lien upon the property against which each such
assessment is made. Each such assessment, together with
interest, costs and reasonable attorneys' fees, shall also
be the personal obligation of the person who was the Owner
of such property at the time when the assessment fell due.
The personal obligation for delinquent assessments shall not
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pass to his successors in title unless expressly assumed by
t.hem.
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Section 2. Purpose of Assessments. The
assessments levied by the Association shall be used
exclusively, to promote the recreation, health, safety, and
welfare of the residents in the properties and for the
improvement and maintenance of the Common Area and of the
homes situated upon the properties.
Section 3. Assessment Allocation. Assessments
shall be levied as to each Lot on the basis of the class of
membership as hereinafter set forth. The assessment for the
Class B membership for any vacant Lot or any Lot
superimposed with an unoccupied, unsold living unit
structure shall be twenty-five percent (25%) of the annual
assessment for a Class A member.
Section 4. Maximum Annual Assessment. Until
January 1, 1984, the maximum annual assessment for each Lot
shall be as follows for each class as designated:
Class A - $50.00 per month.
Class B - Not less than 25% of the annual
assessment for a Class A member.
From and after January 1, 1984, the maximum annual
assessment may be increased each year not more than five
percent (5%) above the maximum assessment for the previous
year without a vote of the membership. The maximum annual
assessment may be increased above five percent (5%) by a
vote of two-thirds (2/3) of the Class A members who are
voting in person or by proxy, at a meeting of the
Association duly called for this purpose. The Board of
Directors may fix the annual assessments at an amount not to
exceed the maximum.
S~ction 5. Special Assessments for Capital
Improvements. In addition to the annual assessments
authorized above, the Association may levy, in any
,
assessment year, a special assessment applicb1e to that year
only for the purpose of defraying, in whole or in part, the
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cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area,
including fixtures and personal property related threto,
provided that any such assessment shall have been approved
by two-thirds (2/3) of each class of members who are voting
in person or by proxy at an Association meeting duly called
for this purpose.
Section 6. Notice and Quorum for any Action
Authorized Under Sections 4 and 5. Written notice of any
meeting called for the purpose of taking any action
authorized under Section 4 or 5 shall be sent to all members
not less than thirty (30) days nor more than sixty (60) days
in advance of the meeting. At such meeting, the presence of
members, or of proxies of each class entitled to cast sixty
percent (60%) of all the votes of each class 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 (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding
meeting.
Se9tion 7. Uniform Rate of Assessment. Both
annual and special assessments must be fixed at a uniform
rate for all Lots within each class of membership and may be
collected on a monthly or quarterly, or annual basis.
Section 8. Date of Commencement of Annual
~sessments: Due Date. The annual assessments provided
for herein shall commence as to all Lots on the first day of
the month following the conveyance of the Common Area. The
first annual assessment shall be adjusted according to the
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,number of months remaining in the calendar year. The Board
of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of
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each annual assessment period. Written notice of the annual
assessment shall be sent to every Owner subject thereto.
The due dates shall be established by the Board of
Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the
assessments on a specific lot have been paid. A properly
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executed certificate of the Association as to the status of
assessments on a Lot is binding upon the association as of
the date of its issuance.
Section 9. Effect of Nonpayment of Assessments:
Remedies of the Association. Any assessment not paid
within thirty (30) days after the due date shall bear
interest from the due date at the highest rate permitted by
Florida Law. The Association may bring an action at law
against the Owner personally obligated to pay the same, or
foreclose the lien against the property. No Owner may waive
or otherwise escape liability for the assessments provided
for herein by non-use of the Common Area or abandonment of
his Lot. In any action to enforce any assessment made
hereunder, the prevailing party shall be entitled to a
reasonable- attorneys' fee, including attorneys' fees for
appellate proceedings.
Section 10. Subordination of the Lien to Mort9ages
The lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof,
shall extinquish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale or
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transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien
thereof.
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Section 11. Exempt Property. All properties
dedicated to, and accepted by, a local public authority and
all properties owned by a charitable or non-profit
organization exempt from taxation by the laws of the state
of Florida shall be exempt from the assessments created
herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
ARTICLE V
Lot and Exterior Maintenance. In the event an Owner
of any Lot in the properties shall fail to maintain the
premises and the improvements situated thereon in a manner
satisfactory to the Board of Directors, the Association,
after approval by two-thirds (2/3) vote of the Board of
Directors and thirty (30) days' written notice to the Owner,
shall have the right, through its agents and employees to
enter upon said parcel and to repair, clear, trim, maintain,
and restore the Lot and the exterior of the buildings and
any other improvements erected thereon. The cost of such
exterior maintenance shall be added to and become part of
the assessment to which such Lot is subject, which shall be
due and payable thirty (30) days from the date said
assessment is made.
ARTICLE V~
PARTY WALLS
Section 1. General Rules of Law to Apply. Each
wall which is built as a part of the original construction
of the homes upon the Properties and placed on the dividing
line between the Lots shall constitute a party wall, and, to
the extent not inconsistent with the provisions of this
Article, the general rule of law regarding party walls and
liability for property damage due to negligence or willful
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fcts or omissions shall apply ~hereto.
Section 2~ Sharing of Repair and M~intenance. The
cost of reasonable repair and maintenance of a party wall
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shall be shared by the Owners who make use of the wall in
proportion to such use.
Section 3. Destruction by Fire or Other Casualty.
If a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it,
and if the other Owners thereafter make use of the wall,
they shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the
right of any such Owners to call for a larger contribution
from the others under any rule of law regarding liability
for negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any
other provision of this Article, an Owner who by his
negligent or willful act causes the party wall to be exposed
to the elements shall bear the whole cost of furnishing the
necessary protection against such element.
Section 5. Right to Contribution Runs with ~and.
The right of any Owner to contr ibution from any other O\'1ner
under. this Article shall be appurtenant to the land and
shall pass to such Owner's successors in title.
SeGtion 6. Arbitration. In the event of any
dispute arising concerning a party wall, or under the
provisions of this Article, each party shall choose one
arbitrator, and such arbitrators shall choose one additional
arbitrator, and the decision shall be by a majority of all
the arbitrators.
ARTICLE VII
ARCHITECTURAL CONTROL
Section 1. No building, fence, wall, or other
structure shall be commenced, erected or maintained upon the
properties, nor shall any exterior addition to or change or
alteration therein be made until the plans and
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Fpecifications showing the nature, kind, shape, height,
materials, and location of the same shall have been
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submitted to and approved in writing as to harmony of
external design and location in relation to surrounding
structures and topography by the Board of Directors of the
Association, or by an architectural control committee
composed of three (3) or more representatives appointed by
the Board. In the event said Board, or its designated
committee, fails to approve or disapprove such design and
location within thirty (30) days after said plans and
specifications have been submitted to it approval will not
be required and this Article will be deemed to have been
fully complied with.
Section 2, Because structures will be owned by more
than one Owner, any change in color, repainting or other
substantial change in the exterior appearance of any
structure, including landscaping of the Lot, must first be
approved by a majority of the Architectural Control
Committee. Said Committee shall condition said approval in
a manner designed to retain uniformity of appearance of the
structures in the subdivision. In the interest of justice,
the Committee may deny the request or condition its approval
as may be necessary. However, in the event of a dispute
between Owners of adjoining homes regarding repainting or
exterior appearance, the decision of the Committee shall be
binding upon all Owners and shall be enforceable as provided
for in Article V. This Section shall be liberally construed
to promote the uniformity of appearance in the subdivision,
especially among adjoining Lots occupied by the same
structure, and to require a Lot Owner to keep the exterior
in a good condition, and to cooperate with the adjoining Lot
Owners in doing so. This Section shall not be construed in
such a way as to force a Lot Owner to make cosmetic
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improvements which are desired by the adjoining Lot Owners,
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but are not in the nature of maintenance of existing
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appearance, unless the Lot Owner has previously agreed to
said improvements.
AR'I'ICLE VIII
USE RESTRICTIONS
Section 1. Use of Common Area. There shall be no
obstruction of the Common Area, nor shall anything be kept
or stored on any part of the Common Area without the prior
written consent of the Declarants and/or Association, as may
be appropriate, except as specifically provided herein.
Nothing shall be altered on, constructed in, or removed from
the Common Area except upon the prior written consent of the
Declarants and/or Association, as may be appropriate.
It shall be the responsibility of the Association to
provide day-to-day maintenance to all common areas,
specifically, there shall be no storage on or obstruction of
the drainage easement area.
Section 2. Parking. No Owner shall park, store,
keep, repair, or restore any vehicle, boat, or trailer
anywhere upon the Properties, except within the designated
parking area of each Lot. Each Owner of each Lot will be
assigned two parking spaces. The location of the two spaces
assigned will coincide with (and will be the nearest to) the
location of the Owner's Lot; i.e., the most westerly Lot
will be assigned to the two most westerly parking spaces,
the next adjacent Lot will be assigned the next two spaces,
and so forth. The assigned spaces will be marked with the
correspondending address number of the Owner's Lot.
Section 3. Si9ns. No signs of any kind shall be
displayed to the public view on any Lot except one
professional sign of not more than one (1) square foot
advertising the property for sale or rent, or signs used by
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f building to advertise the property during the construction
and sales period.
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Section 4. Oil and Mining Operations. No oil
drilling, oil development operations, oil refining,
quarrying or mining operations of any kind shall be
permitted upon or in any Lot, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon any
Lot.
Section 5. Livestock, Poultry and Nuisances. No
noxious or offensive trade or activity, including, but not
limited to, the raising of or keeping of chickens, goats,
pigs, horses, cattle or other animals, shall be carried on
upon any Lot, but the foregoing shall not be construed as to
prohibiting the raising or keeping of domestic pets provided
they are not kept or bred or maintained for commercial
purposes, nor shall anything be done on any Lot which may be
or become a nuisance or an unreasonable annoyance to the
neighborhood.
Section 6. Prohibited Structures. No trailer,
tent, shack, garage, barn or other outbuilding erected or
placed upon any Lot, shall at any time be used as a
residence temporarily or permanently, nor shall any
structures of a temporary character be used as a residence.
Section 7. Garbage anq Refuse. No Lot or Common
Area shall be used or maintained as a dumping ground for
rubbish. Trash, rubbish, garbage or other waste shall not
be permitted upon any Lot or Common Area except inside the
improvements on each Lot or in sanitary containers concealed
from view in accordance with the rules and regulations of
the Association and in accordance with all laws of
governmental authorities having juriSdiction thereof. All
incinerators or other equipment for the storage or disposal
of such material shall be kept in a clean and sanitary
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S~ction 8. Easements. Easements for installation
and maintenance of utilities and drainage facilities in the
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Common Area are reserved as shown on the recorded plat as
filed with the governmental authorities. within these
easements, no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which
may change the direction of flow or drainage facilities in
the easements, or which may obstruct or retard the flow of
water through drainage facilities in the easements. The
easement area of each Lot and all improvements on it shall
be maintained continuously by the owner of the Lot, except
for those improvements which a public authority or utility
company is responsible for.
Section 9. Sewage Service. Sewage service to all
property described in this Declaration will be supplied by
the North Orlando Water & Sewer Corporation, in accordance
with its rules and regulations. The use of septic tanks or
any other sewage disposal facilities is specifically
prohibited.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any
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Owner, shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by
the provisions of this Declaration. Failure by the
Association or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter. In any action for
enforcement brought hereunder, the prevailing party shall be
entitled to a reasonable attorneys' fee including attorneys'
~ees through appellate proceedings.
Section 2. Severability. Invalidation of anyone
of these covenants or restrictions by judgment or court
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order shall in no wise affect any other provisions, which
shall remain in full force and effect.
Section 3. Amend~ent. The Covenants and
Restrictions of this Declaration shall run with and bind the
land, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10)
years. 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 Lot Owners, and thereafter
by an instrument signed by not less than seventy-five
percent (75%) of the Lot Owners. Notwithstanding the
foregoing, this Declaration may be amended prior to January
1, 1985 by the Declarants so long as the Declarants are the
owners of at least fifty percent (50%) of the lots and so
long as any such amendment is approved as provided for in
Article IX, Section 4. Any amendment must be recorded.
Section 4. FHA/VA Approval. As long as there is a
Class B membership, any amendments to this Declaration of
Covenants, Conditions and Restrictions, any dedication of
common area, or annexation of additional land will require
the prior approval of the Federal Housing Administration or
the Veterans Administration.
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IN WITNESS WHEREOF, the undersigned, being the
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Declarants herein, have caused these presents to be executed
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Signed, sealed and delivJ~ed
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(CORPORATE SEAL)
1.
, 1983.
PARTNERSHIP V,
a Florida general partnership
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Chris S. Derato
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!.fames S. Hanson
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"DECLARANTS"
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056 I
,GLE co. FL.
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared CHRIS S. DERATO,
well known to me to be the Managing Partner of PARTNERSHIP
V, a Florida general partnership, and he acknowledged
executing the foregoing instrument in the presence ,of two
subscribing witnesses freely and voluntarily under authority
duly vested in him by said partnership and that the seal
affixed thereto is the true corporate seal of said
partnership.
WITNESS my hand
State last aforesaid
1983.
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(NOTARIAL SEAL)
and official seal in the County and
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Notary Public, State"
of Florida
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My Commission Expires:
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r~OTM1Y PUBLIC, STME OF FLOR/04 A' ....-..-.,
~;'~~:?MrAiSS!Oi~ EX?ft\:S SEPT. 19, 1JsLARGE
l<),~.--,,,:() j HR0~L;H r..1ijR03r.:I-ASHTO:;J, INC
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
FRANCESCO A. MESSINA, to me known to be the person described
in and who executed the foregoing instrument and he
acknowledged before me that he executed the same.
WITNESS my hand
State last aforesaid
and official seal in the County and
this .8./ day of'\"'Jh;~i/.'- /1, 1983.
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Notary Public, State
of Florida
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My Commission Expires:
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NQT/\RY PUBLIC, STnE OF FLOR/OA t.T L ^!'l~ .
"" e""~'I"C' (l ," Mr>\J:'
IVi ( L!.Jllli" S;)I.;N EX~'IRtS SEPT 19. 19i~
OOf'FJEfI n....p:~:-n}GH :'AURl)::;r;;..c;si....nON, INC
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an
officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally
appeared MAUREEN E. MESSINA, to me known to be the person
described in and who executed the foregoing instrument and
s~e acknowledged before me that she executed the same.
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(NOTARIAL SEAL)
and official seal in the County and
this ,) / daY.;fn:?f!CL,,'/, . 1,983/
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Notary Public, State
of Florida
WITNESS my hand
State last aforesaid
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My Commission Expires:
-16-
f.JOTMN PUBLIC' STAT - ",-~
MY CO/;i,\liSSION f.>(PIf~g~fLOR1DA AT lARGE .tl>
B').'JDi;O T>iPI)~~~H ,\lU'Fl::-~ :::EPT. 13, 1985
O""',,ASHTON. INC
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1C,LE co. FL.
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared CHRIS
S. DERATO, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before
me that he executed the same.
WITNESS my hand
State last aforesaid
and official seal in the County and
this -c-"J I day of-<rUi-Z~}/ /., 1983. f
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Notary Public, state
of Florida
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STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
DOROTHY A. DERATO, to me known to be the person described in
and who executed the foregoing instrument and she
acknowledged before me that she executed the same.
WITNESS my hand
State last aforesaid
and official seal iD the County and
th' .;r I d f .1..---,"'1/,,//.. /' 1983
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Notary Public, State'
of Florida
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My Commission Expires:
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STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared RALPH
E. HUTSON, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before
me that he executed the same.
WITNESS my hand
State last aforesaid
and official seal in the County and
this :/1 day of .i.y-; c',~~/v/ ,:! 19. 83. .//
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Notary Public, State'
of Florida
(NOTARIAL SEAL)
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= ~:>:it;1JLE co. FL..
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared JAMES
S. HANSON, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before
me that he executed the same.
(NOTARIAL SEAL)
and official seal in the County and
th' rJ I d f '-7r!/-; r 1983
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Notary Public, State
of Florida
WITNESS my hand
State last aforesaid
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That portion of Block "D", D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, as recorded in Plat Book I, Page 5 of the Public
Records of Seminole County, Florida, being more particulary described as
follows:
Begin at the Northeast comer of NORTH ORLANDO RANCHES SECfION 9, as
recorded in Plat Book 13, Pages 11 and 12 of the Public Records of Seminole
County, Florida, thence run S 89059'22" W along the North line of NORTH
ORLANDO RANCHES SECTION 9 for a distance of 478.39 feet; thence run
N 00047'17" W along the East line of Lot 47 of said Block "0". O. R.
MITCHELL'S SURVEY OF THE LEVY GRANT for a distance of 110.01 feet to
the Northeast comer of said Lot 47; thence run N 89059'22" E along the South
line of Lots 8, 9 and 25 of said Block "0", O.R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP and the South line of Lot F of CHASE
AND' COMP ANY'S SUBONISION OF WAGNER, as recordt;d in Plat Book 6,
Page ~4 of the Public Records of Seminole County. Florida for a distance of
1717.21 feet; thence run N 00051'25" W along the East line of the West 22.0.00
feet of said Lot 25 for a distance of 658.07 feet; thence run S 89059'22" W along
the North line of the South 658.00 feet of said Lot 25 for a distance of 5.00 feet;
thence run N 00051'25" W along the East line of the.West 215.00 feet of said
Lot 25 for a distance of 202.72 feet to the point of curvature of a curve concave
Southwesterly having a radius of 25.00 feet; thence run Northwesterly along the
arc of said curve through a central angle of 8r56'13" for a distance of 38.37
feet; thence run N 88047'38" W for a distance of 191.02 feet to the West line of
said Lot 25; thence run N 00051'25" W along the West line of said Lot 25 for a
distance of 19.00 feet to the Northwest comer thereof; thence run
N 89059'59" E along the North line of said Lot 25 and the South Right-of-Way
line of State Road 434 (50' RJW) for a distance of 500.00 feet to the Northeast
comer of said Lot 25; thence run S 00051 '26" E along the East line of said Lot
25 for a distance of 10.91 feet; thence run S 89000'13" W for a distance of 5.00
feet; thence run S 89059'59" W for a distance of 184.59 feet to the point of
curvature of a curve concave Southeasterly having a radius of 25.00 feet; thence
run Southwesterly ;110ng the arc of said curve torough a central angle of
90051'24" for a distance of 39.64 feet; thence run S 00051'25" E along the East
line of the West 285.00 feet of said Lot 25 for a distance of 213.99 feet; thence
run S 89059'22" E along said North line of the South 658.00 feet of said Lot 25
for a distance of 5.00 feet; thence run S 00051'25" E along the East line of the
West 280.00 feet of said Lot 25 for a distance of 658.07 feet to the South line of
said Lot 25; thence run N 89059'22" E along the South line of said Lot 25 and
Lot 24 of said Block "0", O.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP for a distance of 527.44 feet; thence run
S 00056'53" E along the East line of a 110.00 foot Florida Power and Light
Company Right-of-Way Agreement as recorded in ORB 183, Page 132 of the
Public Records of Seminole County, Florida for a distance of 385.59 feet; thence
run S 89003'07" W for a distance of 110.00 feet to a point on the West line of
said Right-of-Way; thence leaving said Right-of-Way run S 74036'14" W for a
distance of 145.93 feet; thence run S 51040'03" W for a distance of 113.18 feet;
thence run S 59016'13" W for a distance of 294.92 feet; thence run
S 70054'50" W for a distance of 119.67 feet; thence run N 89033'02" W for a
distance of 135.06 feet; thence run N 52053'36" W for a distance of 106.36 feet;
thence run N 45000'00" W for a distance of 125.37 feet to a point on a curve
concave Southeasterly having a radius of 735.85 feet and a chord bearing of
S 38005'41" W; thence run Southwesterly along the arc of said curve through a
central angle of 01040'02" for a distance of 21.41 feet; thence run
N 52044'20" W radial to said curve for a distance of 60.00 feet; thence run
S 83023'25" W for a distance of 190.91 feet; thence run N 84049'24" W for a
distance of 105.34 feet; thence run N 65020'47" W for a distance of 245.09 feet;
thence run N 43003'12" W for a distance of 40.03 feet; thence run
N 16058'28" W for a distance of 118.66 feet; thence run N 28026'27" W for a
distance of 102.47 feet; thence run N 40004'40" W for a distance of 104.35 feet;
thence run S 89059'22" W for a distance of 60.32 feet to the Point of Beginning.
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Containing 23.406 acres more or less
EXHIBIT liB"