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HomeMy WebLinkAboutWinding Hollow . CU::R't\ O'F ClHCUIT caurn 62~IOI . 91, SEP I 5 A1~ II: I 8 RECORDED & VERIFIED p~' 111 !fJ PEW~'\o: '\)o\-.)~'-~ \:<'. Le.~\J\\-.JC (i)'\. c. \\'i '.:J~ ~ tJ _~w\~\tfl S ~~, ~~ W \ \'1.10 '\::0 S~ L\~L\ ~}J~\~ S"~\\J &..S ~\. '~'LI ~~ I (SPACE RESERVED FOR RECORDING) DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS -t';!, THIS DECLARATION, is made as of this day of ::k/y 1994, by Winding Hollow Development Company, whose address is 250 East Broad Street, Columbus, ohio 43215, hereinafter referred to as "Developer" or "Declarant". WITNESSETH: WHEREAS, Developer is the owner of certain property in Seminole County, Florida, which is more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Developer desire to submit a portion of the Property to this Declaration, and desires to retain the right to submit additional portions of the Property to this Declaration at a later time. NOW THEREFORE, Developer hereby declares that all portions of the Property described at Exhibit "B" (the "Properties") shall be held, sold and conveyed subject to the following easements, 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 assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS V Section 1. "Association" shall mean and refer to the Winding ~ Hollow Homeowners' Association, Inc., its successors and assigns, operating in accordance with federal and state law and Chapter 617, Se:7#I'r-C/<S: fJ.,..c~ /2 ~ F.e.bt-l T . f<~ 12.. .: SS r /)~ ;z.s I 2. 5' '1~ ' ''0 (j') CO 000 rr1 N 0'1 3: 0'1 .&:- A- :1:: c-> C) l> I r fT1 ::0 n fT1 0 n " ...0 ~~ r.- N C)CJ .. Pl (/) c.n. . . N (SPACE RESERVED FOR RECORDING) (j) CO fTlN :r,+:- Z o Fla. stat., and in accordance with its Articles of Incorporat~n n C) - filed with the Florida Secretary of State under document number.~ . ." "J>J rrv N94000003093. en 000 0..." o ..." :x- n )> r- ::0 fTl n -00 )>::0 eJO fTl (j) Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a 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 described in Exhibit "B" attached hereto, 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) owned by the Association for the common use and enjoyment of the Owners. The Common Area may include retention areas, recreational areas, the Surface Water or Stormwater Management System (as that term is hereinafter defined) , landscaped drive and entryway feature, and any other common area reflected on the plat of the Properties, and any and all facilities constructed or to be constructed thereon. The Association shall obtain and keep in force such general liability insurance covering occurrences on the Common Area as the Board of Directors of the Association deems reasonable and advisable. 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. "Declarant" shall mean and refer to Developer and/or its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. However, the term Declarant shall not refer to builders who have purchased Lots for the purpose of constructing homes thereon for sale to ultimate purchasers. 2 e PAGE 2824 1921 .SEHINOLE co. fL.- (SPACE RESERVED FOR RECORDING) section 7. "Surface Water or stormwater Management System" shall mean and refer to a system of the Properties 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 from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of En; ovment. Every Owner shall 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, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility located upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities located upon the Common Area by an Owner 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 its published rules and regulations; (c) the right of the Association to encumber the Common Area (except the Surface Water or Stormwater Management System), or to offer to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subj ect to such conditions as may be agreed to by the members thereof. No such encumbrance, dedication or transfer shall be effective unless an instrument agreeing to such encumbrance, dedication or transfer signed by 2/3rds of the Members of the Association (excluding Declarant) has been recorded. The Common 3 e BaOff" .... .....vuJ\u.;:) 2824 ~28 SEMINOLE CO. FL. (SPACE RESERVED FOR RECORDING) Area shall be conveyed to the Association pursuant hereto free and clear of all encumbrances. Section 2. Deleqation of Use. Any Owner may delegate, in accordance with the By-Laws of the Association, 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, Properties. Section 3. Covenant for Easement Use. Reference is hereby made to that certain Easement recorded in Official Records Book 148, Page 79, Florida, as supplemented by the Supplement to Right- of-Way Agreement dated July 21, 1958, recorded in Official Records Book 183, Page 132, all Public Records of Seminole County, and a separate and unrecorded Covenant for Easement Use dated October 11, 1991, by and between Florida Power & Light Company and Gulfstream Housing Corp. Declarant hereby agrees that in the event the Easement Area as defined in the Covenant for Easement Use and the Easement is transferred to the Association, the Association will assume all maintenance of the Easement (other than facilities of Florida Power & Light Company located on the Easement), will restrict access to the Easement for maintenance purposes only, and will designate the Easement Area solely for retention and mitigation purposes. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 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: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled 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 4 e BOO/{ (SPACE RESERVED FOR RECORDING) shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. 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 October 1, 2002. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obliqation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, 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 pass to his successors in title unless expressly assumed by them. 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, for the improvement and maintenance of the Common Area, 5 e PAG~ I '2 8 2 4 I 9 3 0 SEMINOLE CO. FL. (SPACE RESERVED FOR RECORDING) general overhead and operations related to the Common Areas, and for the maintenance, landscaping and irrigation of the areas along street rights of way which are adjacent to (a) the entryway feature of the Properties and (b) areas that are not abutted by a Lot (said areas being hereinafter referred to as "Road Rights of Way"). Section 3. Initial Assessment and Maximum Annual Assessment.' The initial annual assessment shall be $300.00 per Lot, due and payable at the time the Owner closes on the Lot, or on such other basis as determined by the board of directors of the Association. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Three Hundred and No/I00 Dollars ($300.00) per Lot. (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 not more than twenty- five percent (25%) above the maximum assessment for the previous year without a vote of the membership. (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 increased above twenty-five percent (25%) by a vote of a majority of the members of the Association who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members of the Association who are 6 e BOOK PAGE 2824 1931 SEMINOLE CO. FL. (SPACE RESERVED FOR RECORDING) voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Anv Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 hereof 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 the membership of the Association 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. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the day of the conveyance of the Lot to the Owner. The first annual assessment shall be adjusted according to the number of days 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 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, and may be monthly, quarterly, or annually. 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 specified Lot have been paid. A properly 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. 7 e 28 24 . I ;~E2 SEMINOLE CO. FL. (SPACE RESERVED FOR RECORDING) section 8. 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 allowable by law per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the affected 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. Section 9. Subordination of the Lien to Mortqaqes. 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. No mortgagee shall be required to collect assessments affecting a Lot which is encumbered by its mortgage. Section 10. Escrow; Reserve. Until Class B membership terminates, ten per cent (10%) of the first initial Annual Assessment collected by the Association, or by the Declarant for the Association, shall be placed in a separate account established for the purpose of creating a reserve to be available only to the Association at such time as Class B membership terminates. ARTICLE V ARCHITECTURAL CONTROL No building, wall, storage shed, trellis, tree house, playhouse, permanent playground equipment or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration thereto be made until the plans and specifications showing in detail the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Review Committee ("ARC"). In the event the ARC 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 8 - j(-- A. Booi"'" 'ePA'GE 2824 1933 ,-SEMINOLE CO. FL" (SPACE RESERVED FOR RECORDING) required and this Article will be deemed to have been fully complied with, as to that design and location only. So long as the Declarant owns any lands in the Properties, the Declarant or its designee(s) shall act as the ARC. Thereafter, the ARC shall be appointed by the Board of Directors of the Association. ARTICLE VI " GENERAL PROVISIONS Section 1. Enforcement. The Association, or any 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. The st. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System. The City of winter Springs shall have the right, but not the obligation, to enforce the terms and provisions of this Declaration. Nothing contained herein permits or authorizes any violations of or deviation from the City Code, City of Winter Springs, Florida. Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in'no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. 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 it shall be automatically extended for successive periods often (10) years. This Declaration may be amended by an instrument signed by not less than two-thirds of the Owners and recorded in the Public Records of Seminole County, Florida. Any amendment must be recorded. Notwithstanding anything herein to the contrary, any amendment to the Declaration which alters the Surface Water or 9 - OFF'lCIAL REWDS BOOK , t GE 2 8 2 [. , 9 3 4 (SPACE RESERVED FOR RECORDING) Stormwater Management System, beyond maintenance in its original condition, including the water management portions of the Common Areas, must have the prior approval of the st. Johns River Water Management District. The Declaration shall not be amended without the consent of the City of Winter Springs as to any amendment which al ters the City's interests in this Declaration, which consent shall not be unreasonably withheld. Section 4. Annexation. Additional residential property and Common Area may be annexed to the. Properties without Class A membership consent as long as there is a Class B membership, and thereafter, with the consent of two-thirds (2/3) of the members of the Association. Notwithstanding the foregoing, Declarant shall be free to add any portion of the Property to the Properties at any time by the recording of a Supplemental Declaration executed only by Declarant or its designated successor or assign, and such portion of the Property added to the Properties shall, from the date of recording of such Supplemental Declaration, be governed by the terms, provisions, conditions, and restrictions set forth in this Declaration. Section 5. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the FHA or the VA: annexation of additional properties other than portions of the Property described at Exhibit "A", dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. Section 6. Surface Water or Stormwater Manaqement Svstem. 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 Stormwater Management System shall be as permitted, or if modified, as approved by the st. Johns River Water 10 r - OFFICIAL ~RDS BOOI~ '~AGE '2 8 2 4 I 9 3 5 (SPACE RESERVED FOR RECORDING) Management District. The Association shall convey the Surface Water or Stormwater Management System to the City of Winter Springs upon the City's request. Section 7. Road Riqhts of Way. The Association shall be responsible for the maintenance, landscaping and irrigation of the Road Rights of Way. The Association shall be responsible for: connection of any irrigation system operated by the Association to the City of winter Springs reclaimed water service upon such service becoming available. ARTICLE VII USE OF PROPERTIES Section 1. Protective Covenants. In addition to the covenants , conditions and restrictions enumerated elsewhere in this Declaration, the Properties are also subject to the following: (a) Land Use. All of the Lot(s) shall be used solely for single-family residential purposes. No more than three (3) unrelated persons may reside at any time on a Lot. (b) Size and Heiqht of Buildings. No residence constructed on any Lot shall exceed the maximum height permitted or allowed under or in accordance with the zoning regulations of the City of Winter Springs, Florida, as such regulations may be amended from time to time, but shall never exceed thirty-five feet (35') in height. No accessory building constructed on any Lot shall exceed the maximum height permitted or allowed under or in accordance with the zoning regulations of the City of winter Springs, Florida, as such regulations may be amended from time to time, but shall never exceed eighteen feet (18') in height. Each residence constructed on a Lot shall have minimum living space (not including any un-air conditioned area) of at least 1,200 square feet. (c) Lot Split. No Lot shall be split, divided or subdivided for sale, resale, gift, transfer or otherwise so as to create a new lot within the Properties. (d) Trade, Business or Commercial Activitv Barred. No trade, business or commercial activity shall be conducted on any Lot, nor shall anything be done thereon which may become an 11 e OFFICIAL rAORDS 8001< "PAGE is 2 4 I 9 3 6 annoyance or nuisance to any of the Owners of any other Lot in the Properties; provided, however, that the foregoing restriction shall not preclude the use of any Lot for the conduct of a professional or other service business which does not involve frequent on-site personal visitations or product exchanges or for the operation of a model home center by a commercial builder. (e) Buildinq Location. No residence, garage or other accessory building or structure shall be located on any Lot nearer to the lot lines than the following: 4~ ~ II'C-I"'-s.. Minimum front building setback - Twenty five feet (25') Minimum rear building setback - Twenty five feet (25') Minimum side building setback - Seven and one-half feet (7' 6") ~ No wall of any kind shall be located on any Lot nearer to any street than the front building ~ ~.., setback line. .... Nothing herein contained shall be construed as preventing the use of any portion of a Lot for sidewalks and driveways or the planting of trees, shrubbery, flowers or other ornamental plants. (f) Temporarv structures. limitation, any storage shed or , '. 'provided that trailers, temporary buildings, barricades and the like shall be permitted only for construction purposes during the construction period of a residence on any Lot. (g) Animals. No animals, birds, insects, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except dogs, cats and other household pets which are kept for domestic purposes only and are not kept, bred or maintained for any commercial purpose. Household pets permitted on any Lot pursuant to this Declaration shall be kept on a leash while outside or otherwise provided from straying onto other Lots. No more than a total of two (2) household pets shall be permitted on any Lot. No kennels or enclosures for animals shall be constructed or maintained on any Lot. 12 ,"'I' e 2824 1937 SEMINOLE CO. FL ' (SPACE RESERVED FOR RECORDING) (h) Waste Disposal/Lot Maintenance. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall be screened from view from the street and adjacent Lots. The grounds of each Lot (whether vacant or occupied) shall be maintained in a neat and attractive condition. Upon the failure of any Owner to maintain his or her Lot (whether vacant or occupied) in a neat and attractive condition, the Association or its authorized agent or successors and assigns may, after ten (10) days written notice to such Owner, enter upon such Lots and have the grass, underbrush, and other vegetation cut and debris removed, when, and as often as the same is necessary in the Association's judgment, and may have dead trees, shrubs and other plants removed therefrom. Such Owner shall be personally liable to the Association for the cost of any cutting, removing of debris, clearing and maintaining described above and the liability for amounts expended for such cutting, clearing and maintenance shall be a permanent charge and lien upon such Lot enforceable by the Association by any appropriate proceeding at law or in equity. All costs incurred by the Association on behalf of such Owner shall be reasonable. Notice given as hereinabove provided shall be sufficient to give the Association or its designated committee, or its successors and assigns, the right to enter upon any such Lot and perform the work required. Entry for the purpose of performing the work required shall be only between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday. Said permanent charge and lien shall be subordinate to the lien of any first mortgage on the Lot and shall be foreclosable. (i) Clothes Lines. No clothing or any other household fabrics shall be hung in the open on any Lot and no outside clothes lines or other drying or airing facilities shall be permitted on any Lot. 13 e OFFICIAL_CORDS BOOK ,., PAGE 2824 1938 (SPACE RESERVED FOR RECORDING) (j) Vehicles Not in Use. No inoperable automobile or motor vehicle shall be left on any Lot for a period longer than two (2) days. After such period of time, the vehicle shall be considered a nuisance and detrimental to the welfare of the Properties and may be removed from the Lot by the Association at the Owner's expense. (k) Hobbies. Hobbies or other activities which tend to detract from the aesthetic character of the Properties and any improvements used in connection with such hobbies or activities shall not be permitted unless conducted within a building erected upon the Lot in a manner which is not visible from either the street or any adjacent Lot. This restriction refers specifically, but not exclusively, to such activities as automotive and boat repair, which shall not be conducted on any Lot except within a residence constructed on such Lot. (I) Boat. Trailer and Vehicle Parkinq and storage. No truck, trailer, boat, camper, recreational vehicle or commercial vehicle shall be parked or stored on any Lot, unless it is in a garage or other vehicle enclosure out of view from the street and adjacent Lots; provided, however, that nothing herein shall prohibit the occasional, temporary parking of any such truck, trailer, boat, camper, recreational vehicle or commercial vehicle on a Lot for a period not to exceed 48 hours in any period of thirty (30) days, nor shall any residential home builder' be precluded from keeping a temporary sales trailer on any Lot while its model home center is under construction. (m) Garaqe. No residence may be constructed on any Lot unless an attached garage for at least two automobiles is also constructed thereon. (n) Siqns. No signs of any kind shall be displayed to the public view on any Lot, except one temporary sign of not more than six square feet advertising the property for sale or rent and such signs as may be used by a builder to advertise its product in the Properties during its construction sales period. 14 -~>-;'r".~ e OFfiCIAL RAnROS BOOK '~AGE 2824 1939 tOR RECORDING) (0) Antennas. No antenna or satellite dish for the transmission or reception of television or radio signals of any kind shall be erected or permitted to be maintained on any Lot unless same is invisible from the street and has the prior written approval of the ARC. (p) Gradinq and Drainaqe. No construction, grading or other improvement shall be made to any Lot if the same would interfere with or otherwise alter the general grading and draining plan of the Properties, any existing swales, floodways or other drainage configurations serving the Properties unless such construction, grading or other improvement is first approved by the ARC and satisfies any requirements of the City of Winter Springs Code. (q) Fencing. Fencing shall be permitted on a Lot provided the fencing meets the following criteria: a) No higher than six (6) feet tall; b) A 2" gap at bottom for drainage; c) No closer to the street than the front elevation of the residence constructed on the Lot; d) "Shadow box" construction with fence posts and stringers of either cedar or treated pine; e) Fence posts set in concrete; f) Pickets of high grade of 1 x 6 cedar material; g) Not painted, but left to weather a natural color. An Owner must obtain the prior written consent of the ARC for any addition or change to any existing fence, which addition or change does not meet the above criteria, and for any fence to be constructed on a Lot which does not meet the above criteria. (r) Mailboxes. All mailboxes serving residences within the Properties shall be of a uniform type, grade and color approved by the Board of Directors of the Association or its designated ARC. (s) Above Ground Pools. No above-ground swimming pool shall be permitted on any Lot. 15 irF, e BOOI~ e PAGE 2824 1940 SEMINOLE CO. FL. (SPACE RESERVED FOR RECORDING) (t) Landscaping. Each Lot owner shall be required to maintain all landscaping on its Lot, including, without limitation, any landscaping in the lawn located between the street and the sidewalk associated with such Lot. All such landscaping (including, without limitation, shrubs, trees, grass, flowers and plantings of every other kind and description) shall be kept well- maintained, properly cultivated and free of trash and other unsightly material. The lawn on each Lot shall consist of st. Augustine sod. Each such Lot shall have underground sprinkler systems to provide for the irrigation of all landscaping and lawn areas. Each Owner shall be responsible for connection of that Owner's Lot to the City of Winter Springs reclaimed water service upon such service becoming available. (u) utility Services. No lines, wires or other devices for communications purposes, including, without limitation, telephone, television, data and radio signals, or for the transmission of any other utility service shall be constructed, placed or maintained anywhere on any Lot, unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on any residence or other building constructed on any Lot; provided, however, that above- ground electrical transformers and other equipment may be permitted if properly screened so as not to be visible from the street or any adj acent Lot. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of any residence on any Lot. (v) Maintenance of Easement Areas. No structure, fence, planting or other material shall be placed or permitted to remain within the easement areas designated on the recorded plat of the Properties if the same could damage or interfere with the use of such easements. The easement area of each Lot and all surface improvements thereon shall be maintained continuously by the Owner 16 r - OFFICIAL Bom~ 2824 OROS PAGE I 94 I (SPACE RESERVED FOR RECORDING) of said Lot, except for those improvements for which a public authority or public utility company is responsible. (w) Roofing Shingles. The roof on any residence constructed on any Lot shall be constructed using fungus and mildew resistant shingles of an asphaltic, dimensional, architectural grade, having a minimum weight of 280 pounds per square with a' ~ff~~ limited d( IN warranty of thirty (30) years. WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal as of the day first set forth above. Signed, sealed and delivered in the presence of: WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership By: Pizzuti Equities mana ing general By: (Corporate Seal) STATE OF rl,.",~ COUNTY OF f)/~ The foregoi9g instrument was acknowledged before me this ~~ day of JII ~ ' 1994, by Richard C. Daley, as Vice President of pizzuti Equities Inc., the managing general partner of Winding Hollow Development Company, and who is personally known to me O~ h:lC3 p:tvducect D.B id'-Yl1iifiea'tien and who did not take an oath. SS: Notary Stamp Signat Acknow Print Title: Notary Public Serial No. (if any) Commission Expires: Taking THIS INSTRUMENT PREPARED BY AND AFTER RECORDING, RE'i'URH TO: . ..~.W';:'~'" OFFICIAL SEAL ... ~.. "t' ..... : ~ ~ JAMES E. L. SEAY : : My Commission Expires ~ i Nov. 3. 1996 .....~l'EOFf~~.. Comm. No. CC 24027,l ~"n".. JAMES E.L. SEAY, ESQUIRE Maguire, Voorhis & Wells, P.A. Two South Orange Avenue Orlando, Florida 32801 R:\REAL\069\917314\009\JL1547.0RG 17 e OFfiCIAL RECORDS BOm< PAGE SUBORDINATIOi 8 2 4 I 9 4 2 ,SEMINOLE CO. fL. The undersigned hereby certifies that BARNETT BANK OF CENTRAL FLORIDA, N.A. is the holder of a mortgage, lien or other encumbrance upon all or a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book 2737, Page 1567, of the Public Records of Seminole County, Florida, securing the original sum of $3,600,000.00 shall be subordinated to the foregoing instrument. This Joinder, Consent and Subordination is effective to subordinate the lien of said mortgage to the Properties described in the Declaration as being subjected thereto, as well as additional portions of the Property as described in the Declaration which are also encumbered by said mortgage. This Joinder shall be effective as to all portions of' the Property which are added to and made a part of the Properties under the Declaration without further action by the holder of said mortgage. e JOINDER, CONSENT AND Signed, sealed and delivered in th~ ~r:;'~2,' ~~~~ .MICHAEL L. GREEN BARNETT BANK OF CENTRAL FLORIDA, ]J' A. /. By: ~If(~ Name: Bradley J. Carpenter Its: _l/;'a, fluUdR._n)9 Name: (CORPORATE SEAL) STATE OF FLORIDA SS: COUNTY OF ORANGE This is to certify that on this (p~ day of J;1j~ , 1994, before me, an officer duly authorized U to take acknowledg~ments in the state and county afores94d" personally appeared :Bro-..d l~~ ",'J. COJ"pe;nk r ,as V.- c.e VreStclerr+- president of Barn~tt Bank of Central Florida, N. A., personally known to me o:r who prodll~pd nS idemi fica-'E-i--etl, as the individual described in and who executed the foregoing Joinder, Consent and Subordination, and acknowledged the execution thereof to be his/hGr free act and deed as such officer thereunto duly authorized, that the official seal of said entity is duly affixed thereto; and who 4idfdid not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and seal ,on the above date. Name: My Commission Expires: /:;../,;;; 1'17 R:\REAL\069\917314\009\JL1547.0RG (IJINDING HOLLOIJ) .--.-.- ,1Ji*:'!;:J;;, KIMBERL V D:.11.ci:. I f.(~'l.~ MY COMMISSION /I <:C:J~, ""J ~~~i.: EXPIRES: Decembi;r l;j, ". ~~ ';4;p'f.,r.o~" Bonded 1lvu NolaIy Public UnoolWrllers 18 5 ~~ lli::5 ~~ 2c...;> =::>~ ~~ ~ Deglnninl at a point S 00-53'23. E. dUla.:\ce or 5000 (eet tcom rho Sour.hw~t cornu of Lot I. Block 12. of North Orlando RJl11cheJ S<<1lon 10 ~ rCC()rded I.i~ PlAt Book I), PA&tJ 32 IlI\d 33 of tho Public Rerordt or Semlnolo County, ~ Aorid.; thenco run along the Southorly and Ea.tterly boun~ of said North ~~ Orlando RancheJ Section 10 through the (oUowln& COUrSe..t And d[stAn~: n N 89-06.31. E for a distance or 438.15 (eet; thenu S 69-14'43- B for a ? ~ dbtance of 552.94 reel; thence N 89-06'31- I! (or a distance of 206.23 (eet: ~ c::> thence N SrI4ll'2,S- F. (or. db lance of 100.00 reet; thenco N 89-06'31- E (or'. r dbtAnce or 195.67 rut; thence N 13-'1'14- E for a d~tanco of 196.47 reel; .thence N 00-53.23- W for a dlstanco of 190.00 fut; thenco N 60-)7'36- W for Q dblAnce of 183.16 feel; thence N 19-32'4r W (or a dbtance of 174.21 fcet. , thence N 00.53'23- W (or a dbtanu of 340.10 rcot: thence N 06-14.36- B (or a diJtanco of 400.22 (eet; thence N 23-'2.38- W ror. d~tanoo o( 166.29 (eet; thence N IO-09.S6- W ror a dhlance or BO.OS reet to th. Southeast comer or North Orlando RMchu Section 9 as recorded In Plat Book I J, Pqel II f.J1d 12 or the Public Records of SemInole County, florida; thence run N 10-09'$6- W for. dbtance o( 734.02 rect to a point on tho'propo.sed Southerly rllht~r.w,y . line o( Alton Road; thence run aJonS,t1te proposed Southerly and El;stcrly rfght- or.way Ilnt3 of nld Alton Road throulh tho (onowlnS courses and dUtAn0C3; run Ea!terly along tho arc or" curvo concavo Southerly havln, a radlau-'o( 236.62 (eet and a chord bearing or S 79~37'39- f! ror . dIJtanco or 83.52 (~t through a central angle or 20-ll'2cr to the point or revene curvature of A curjle concav. Northerly having a radluJ of 316.62 (eet and a central angte of20~9.29.; thence run &..sterly along the arc of uld curve 113.24 (eet to the point of lfngency; thence N 89-59'37- E (or a dbtance o( 343.89 feet; thence N OO-W2J- W (or ' a dbla.nce of 601.01 (eet to the point orcurvaluro 0(. CUlVe cooca.vP Westerly havlnS . radlw or 440.00 feCi and A ocntroJ MeJO or 40-04.17-i the.qce run Northerly alon. tho arc 0' saId curvo 307.73 (oet to the poInt ortanfOOCY; thenC6 run N 40.04'40. W ror a dl.tanu of 243.08 (Nt; t1tenoo run N 19!.s~- n .Ionl the Northerly line of Loll ).4. J3, 32. 31,30,29 and 2.1, Blode 'D', O.R. MITCHELL'S SURVEY OF niB LBVY GRANT ON lAKB JESsl1P at recorded In Plat Book. J, Page' o(the Public Recorda ot ~mlnol. County, Florfda (or a .j13tance of )~49.'O reet to tho Northurt comet or uJd 'Lot lB: thence run S 00-56'08- E l.Iong the East JIn~ or Lob 211, 39.62 ana 75, Dlock '0'. o( ,aid D.R. MITCHEI~'S SURVEY OFTI-m LEVY GR.AN'f: ON LAKB JESSUP and a Southerly projcctJon or said I!.u1 Uno 4646.46 roct t~a point on the Southerly line of lot 73 o( uJd Block '0', .ald point wC! being on l)ioNo.therJ,v line or Garden.. Farm. as recorded In. Plat B~1c 6, Pa.a::s nand 2~\.o(~ Public recordJ of Seminole County, Aorlda; thence ron N 78 ')~'31. ~SV aloot laId Une (or'& dulaJ'lce of 1430.14 reet to the Northwest cotner or taJd Cardena f'amu; thence run S J 1-15.30- W alone tho Westerly line ohald GardenaFarnu (or I dUlance of 4S5.84 Cui to . polntl)'lns &sferly fi'om . point 20.93 '(eet South or the NortJ.eut comer or North Orlando Ranches Sccllon I as r~rded In Mat Dook 12, P'eO 3 or the Public Record" or SelDlnol,e County, F1orld~ u measured along the East Une of said plat; t1te.nce run S 89-"'~- W ror. distance ,....f 1162.03 reet; thence run N 07-26'38" WAJoDI tho EAstuty nne (Ir~dJ . described In Official Record Book 1784, PalO 809 oelhe Public Re<oriis 01 ~mlnolo Counly, Aorld., ror a db1an~ or 1081.!7 rut; dJenco ruA' : S 89-56'09- W alon. the Northerly Itne or $1\145 lands (or. dfmn<:e of 1174.29 (ect; thence run S 41-48'21- Walonl t1\i V't'ei1~" Uno orJaJd!add, rOf a dbtanC4 of 381.07 leet; thenco run S 00'"0)"1" E alon. ~ WestuI.y J1l}8 for a dlJt.anco o( 82-4.03 recti thenco run S 89-j.t'2J" W ror. ~ oI7J-4.2S (M( to saId wi Ilne 01 North Orlando Ranchtl S<<tfoa I; the~ .l:.I1 N (v'3~- W Alon, ~41d I?AJlllno 20.93 teet to ltto llforem~ntJom.d Nor11lcut <:?m" or North OrlMdo RtncheJ SectIon J. ,aid COIn" Wo belaS d1. Southout rort"rCt or North o,I'-Odo Ranche. Secllon , ... rtCOn1~ in p-~ :Jwk :2, r-,V. ';";.nJ j9 vriJii Public RecordJ o( Soml~r. County, Pl4ridA; r:henc4 ru~ 00-53'11" WaJona tho I!JJterly'lno ornJd pIAl and &h. EuterfyUM ofNoflh Orl&ndo.IWK6Af s.xtJon 2.A r..= rocorded Cd P1~c &ok 12. rlJ~~ du-otlJ.h 41 o(~ P'oIbUG RerordJ or Strnlnole ('..aunt)' floridA, ror I d 011$$0.82 (6tt to ah-s Poln.t or Bo,lnnJn,. e OFFICIAL r~PAROG~ BOOK ... 2824 1943 SEHINOLE co. fL. "A" EXHI Ill'1 PACe 1 01' J .-: :.) .J\ ',('0 (,) "'1 "J ..., , <: (-) ,N ';,. ,- ;r:l M n -00 :po :;l'J C'lO '''IUl - r ~ t5~ ~~ ~..,... ~~ 3~ S~ ~ g I, e OFFICIAL RE'j{DS BOOK PAGE 2824 1944 . SEH\NOLE co, fL. .. AND A Part of Loti 34, 35,' 45 an!5 U, Block 0., D. R. K1tcheU'. (/'t Survey of thl Levy arant, accordln9 to the plat theraof a. r1 recorded 1n ,ht Book 1, paVe S, publio Recorda of Seainole ~ County, rlodda" dllcdbed a. foUc>vlI Beglnn1ng at . po1nt 0 '34.02 teet N. 10.""- V. of the Southealt corn..: o( MOR!1C r ORLANDO lUNCHES, SECTION- , (.ald point beln9 on tb. pro~.ed r1 Southerly rlght-ot-vat 11ne of Alton Road), th.ne. run along a ~ propo.ed Southerly and Eaaterly rlght-of-vay 11ne. ot .ald llton ~ Road through the follovlng cour... and dl.tanc." thence fro. a r- tanvent bearlnv of I. '~.44'23. I. run .Ea.i.rly 610ng the arc of . .. cu~v. coneav. Southerly bavln; .. radlu. of 23'.'2 f.etf a d1etance of '3.'2 t.et throuvh 6 central. an91- of 20.1)'~t. to the polnt of rever.e curvature of a ourve ooncav. Nortberly hav!nv a r.dlu. of }1,.'2 ~eet and a oentral angle of 20.2"21., thence run Ea.terlt a10nu the arc of .ald ourve 113.2( f.et to the point of tanoency, tblnce'run.V. .'."')7- I. 3C3..' feet, thence xun .N. 00100'2.1- ".'.601.01 het to the point of curvature ot a curve concave Ve.tlrLr havin9 a radlu. of 4CO.00 teet and a central anvle of 40'J('1'~, t~enc.'ruo Northerly.alont'the arc of .ald curve 307.'7) t,.et to t"h' :point of t.ngency, .thenoe ruo .M. 40.04'40. V.~24'.'2 f.et toY-a point of Inter..ot10n v1tb the North 11ne of an 110;00 toot"vid. 'lorlda pover I:Llght eoap.nr lal.~Qnti thlnce run~Ve.t along'th.:Nortb.l1ne of ..1d ......ft, to the North..tt corner of'tot,C' of .ald Block 0, thene. ruo Soutb alon9 tbe E..t.llnQ ~f~;ald.~t 41 to a polnt 00 the Worth I1n' of NORTH OJlI.J.NOO ItANCH!S,.i SEC1'ION " tl\ence xun !ut alon~ the North 11n. of NORTH O~DO JWf~IS, SECTION' to the Worth...t corner of NORTII OJlLANOO RANCHES, SEC'l'IOIf " thence run Southerly alon9 the Ea.tlrlr I1ne of NORTfl ORLANDO RANCHES, SECTION , to .the point of b,vlnn1ng. . AND . . A portion or ,he West 1.1S.00 rut or Lot 25. Block -OM. O.R. MITCHEU,'S SUR VEY OF THE LEVY ORANT Iccordlnl to the pllt thereor IS recorded In PIal book I, Pile S or ,he PubUc Records or Seroloolc Counl)', 'Florida. descn"bed as ronows: . Degin II the Nonhwest comer olllld Lot 2.S and Nn South alon, tho West line otsaid Lot 25 (or I dlslAnco 0119.00 reel; thence run S 88-47'38- B (or a diSlance of 190.51Ieel fO the point of curvature 01 I curve concave Soulhwesfcrly. havln, . radIus 0125.00 feet and a central anale of 88-47'38., thence run Sou\herly .JOOllhe arc of .ard curve (or I dlstanco of 38.74 tw 10 a pomt or cusp: thence run North Ilona the east Une 01 tho saId Ww. 215.00 (ut 01 Lot 2S tor ,dIstance or "8,01 (eeli thence Nn West alonllhe NOM Jlno of saId LoI 2S tor I distance or 21 '.00 (UIIO the Point or BcgIMIn,. . PACE 2 or J .,.. \ .'J (J\ 030, o '"T1 o '"T1 N :XC=; ::P- ,- ::0 r1 c:> ("') ()) -uo );>0;0 c:> ClO rr\ (I) U1 - - e OFFICIAL RE'&~ BOO\~ 2824 \ 94$ SEti\NOLE co. FL~ . , : AND , (/J ", ~ :z: o ,- ,." The EUI 70.00 feel of the West 28S.00 feel o( Lol 2S, Block NO", D.R. g MITCHELL'S SURVEY OFTIiE LEVY GRANT as recorded In Pial Book r. ~ p~&C j or the Public RecordJ of SemInole County, florida, LESS tho BaSI 5.00 r (eel o! the Soulh 658.00 feel and LESS the West 5.00 (eel or the South 6.58.00 (eel thereof. AND A portion of Lot 2S, Block "0", O.R. MITCHELVS SURVBY OF TIm LEVY GRANT ON LAKE JESSUP. as recorded In Plat Book I. 'Page S of the Public Records of Seminole Counly, Florida, descn1>ed as foUows: Begin at the Northeasl'comer of said Lot 25 and run Soulh along the East line or said Lot 25 ror a distance of 10.91 reel: thence run S 89000.13" W ror a distance of 5.00 feel 10 a point lying 11.00 reel S6ulh of the North Jine or said Lot 25; thence run West parallel with and 1 J.OO reet Soulb of the said North line ror . distance of J 85.00 feel 10 the poInt of curvature of a curve concave Soulheaslerly having a radius of 2S.00 feet L'!d ! cen!!'!! angle of 90000'00"; thence run Soulhweslerly along the arc of said curve (or a distance of 39.27 feet 10 a point of cusp; thence run North atong the Ea.U line of ahe West 285.00 reet or said Lot 25 ror a distance of 36.00 feet; thence run East along the North line of said Lot 2S for. distance or 2J5.OO reet 10 lhe POINT OF BEGINNINO, AND ~SEKFJr1' PARCRr.1 ....... --. 'tOGIITHER NlT1l '17/8 BENU'IJ'8 AI OBf'AINED IN 8'OlfAO~ D8DlEN, BKTJl8Dt IIlllrERSPRlNa /,AND, Lf'D., .. ,r,OJUDA tlNlrED PAR'l'NERSBl', JUfD 4J4 PARrNUSHI', A 'LOIUDA ODi~1UL PAR'l'N8RSBll'" DAf'8D A8 or D8CD1B81t JiI, J',I, R8CO/u)8D "ANUARJ' J, JI" lit O"ICIAI. RECORD BOOK 2()J(), PA()~ J4JJ, SDllNOL6 COUNrr RECORD8. i , lEGIBIlfl{ U\'&.IISFPC100~ , fOR MICffiRLMING PAGE J OP J II' &, ;'-> Gl coo O~ 0"'" N :.-:. n ):.- ,- ::0 ,." C> ('") "00 co >:0 C> ClO ", en 0"\ ,.., ,