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HomeMy WebLinkAboutWinding Hollow Unit 3 - 11) rl) .:t .~~~ t ~ \\ 'oj ~,~ ~ 1"\ ~ "~ ...~ , ~ ~ ~~ ,",'v "J . -....... \ . ~ 'If' e e .t THIS DOCUMENT PREPARED BY 'ANr. ~lj!q'BR 1f<1~Co:rt15IlH9 LEI~ YO: SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 w V1 C:> ~ Q:) :c C1") o r- nl ("") a ,"2! <.0 C:> co a a ~~ "'T, c=; i~' r- = r-, CJ = ::;2"; ~~:.; C) P] -.,.. WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS,CO CONDITIONS AND RESTRICTIONS en N (UNIT 3) -J -.J THIS SUPPLEMENTAL DECLARATION, made as of May 22, 1996, by en WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, . whose address. is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declarant." C"") r rrl_..... ;::O-=" ::x: > ;:J 0-( ,,)> nz :;:uZ r.;fT1 C:"7 ::::jc C"')::c 0(./1 f'" c: ;::0 ~ RECITALS A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: Winding Hollow Unit 3, as per plat thereof recorded in Plat Book 'SO , Page \-;-15, Public Records of Seminole County, Flori~ hereinafter referred to as the "Subject Property". B. Declarant has heretofore placed of Public Record that certain Declaration of Covenants, Conditions and Restrictions dated June 30, 1994, and recorded September 16, 1994, in Official Records Book 2824, Page 1925 et seq., hereinafter referred to as the "Original Declaration", and the Supplemental Declaration of Covenants, Conditions and Restrictions for Unit 2, dated October 19, 1994, and recorded April 12, 1995, in Official Records Book 2903, Page 1145 et seq., hereinafter referred to as the "Unit 2 Supplemental Declaration", all of the Public Records of Seminole County, Florida, C. The Subject Property lies within the Property, as described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subj ect Property will be developed into residential uses with lots, streets, street lights, open spaces, and other common areas and improvements for tile .. \D :;:0 <.r 0"\ f'T1 rr C">3': c- o2 c: ::Oc Z ~r f'\) orr ~c- :::- c <c :3l: rr1~ V? :;0- --< ..., . .::- -.""'T J::" f'T1, C. '" e e " ~. benefit of the Owners of the Subject Property, as such are reflected on the plat of the Subject Property. F. Declarant desires to provide for the preservation and enhancement of the property values and amenities and opportunities in the Subject Property contributing to the personal and general health, safety and welfare of the Owners and for the maintenance of Common Areas within the Subject Property and, to this end, desires to annex the Subj ect Property to the scheme of the Original Declaration and to the Properties, as described and defined in the Original Declaration, and to subject the Subject Property to the covenants, conditions, restrictions, easements, charges and lie~x therein and hereinafter set forth, each and all of which shall n~ binding upon and run with the title to the Subject Property, and ~ and are for the benefit of all of the Subject Property and eaCh rr; Owner thereof. n o U,) c::::> co en ro o ~~ c-, ::- r- ::n G. Declarant has created a non-profit corporation, Windi~ Hollow Homeowners' Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein orin the Original Declaration. U> c::> ~, ,-.., r:-:> C-~ ~., -0 ~-.' :z:,.v.. C) I'" NOW, THEREFORE, the Declarant for itself and its successors and assigns, declares that the Subject Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") contained in the Original Declaration and those hereinafter set forth. ARTICLE I - DEFINITIONS The capitalized terms used in this Supplemental Declaration (unless the context shall otherwise indicate) shall have the meanings set forth in the Original Declaration. ARTICLE II - PROPERTY SUBJECT TO THIS SUPPLEMENTAL DECLARATION The Subject Property is and shall be held, transferred, and occupied subject to this Supplemental Declaration and the Original Declaration. The terms and provisions of the Original Declaration are hereby declared to encumber and benefit the Subject Property and each and every Owner thereof and said terms and provisions are incorporated herein by this reference as if set forth herein verbatim. Tracts A and B of the Subject Property are intended to constitute Common Area, as defined in the Original Declaration. This Supplemental Declaration is made pursuant to the terms of the Original Declaration for the purposes of annexing the Subj ect Property to the scheme of the Original Declaration and to the jurisdiction of the Association. ARTICLE III - AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right to (a) amend this Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency among the provisions contained herein or between the provisions hereof and those of the Original ,Jo. e e ....r ,Declaration! (b) include in any contract or deed or other instru- ment hereafter made any additional covenants and restrictions applicable to the Subject Property which do not lower the standards of the Original Declaration or this Supplementa~ Declaration! (c) release any Lot from any part of the covenants and restrictions contained herein which have been violated if the Declarant! in its sole judgment! determines such violation to be a minor or insubstantial violationi (d) amend this Supplemental Declaration without vote or consent of the Owners in any manner which does nQt adversely affect the substantive rights of an existing Owner & first mortgageei and (e) to amend this Supplemental Declarati~ during the first two (2) years after same has been recorded ~ comply with the request of any mortgagee referred to in t~ Original Declaration. The foregoing amendments may be made wi tho1.l,1f the joinder or approval of any Owner! Mortgagee or the Associatiov.r. '-'-> C) co en co o ~~ -.., ~ l... r' :;t';' r"" c-:. = ;..J.';: -0 ,.C,O 1:- v: C) rr1 U.) c::> ARTICLE IV - AMENDMENT :':..u Any provision! covenant! or restriction set forth herein may be amended in accordance with the Original Declaration. This Supplemental Declaration may not be amended in any manner as to result in conflict with the terms of the Original Declaration or of the Association Articles or Bylaws. ARTICLE V - DURATION AND TERMINATION The covenants and restrictions of this Supplemental Declara- tion shall run with and bind the Subject Property! and shall inure to the benefit of and be enforceable by the Declarant! the Association or any Owner! their respective legal representatives! heirs! successors and assigns! for so long as the Original Declaration remains effective. Anything in this Supplemental Declaration to the contrary notwithstanding! until the mortgage or transfer of title by Declarant to the first Lot in the Subject Property! Declarant unilaterally may terminate this Supplemental Declaration and remove the Subject Property from the scheme of the Original Declaration. ARTICLE VI - ENFORCEABILITY Section 1. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions! it shall be lawful for the Declarant! any Owner or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenant or restriction! or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenant or restriction! for the purpose of preventing! or enjoining all or any such violations or attempted violations. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law or this Supplemental Declaration or the Original Declaration. The failure of the Declarant! its successors or assigns! or the Association or an Owner! to enforce any covenant or restriction or any obligation! right! power! privilege, authority -3- .,J e e . ~ or reservation herein contained, however long continued, shall in no event be deemed a 'waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior - to or subsequent thereto. Section 2. Severability. The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to be executed in its name and its seal to be affixed hereto the day and year first above written. Signed, sealed and delivered in the presence of: WINDING HOLLOW DEVELOPMENT m COMPANY, a Florida gener~ partnership ~ r- rr, By: Pizzuti Equities/ Inc./ g a Delaware corporation/ as managing general partnei? ~ U,) c:::> co 0') co o 0,-, x..,., ~l c:; 1Y)~ t ~ Signature ~!;:;ta'K ::v_ Slgnature Print Name: 1n~,.1< u/. !</cKc,. ::~ .. ::n f"Tl '" C = '"0 '::0 >V" c; rn - -..- BY'~~ Name, RicB Da ey - Title: Vice President ACKNOWLEDGMENT BY DECLARANT Fl.rido.. STATE OF OIlI&- COUNTY OF ~:RMmLnl ()"~e. I HEREBY CERTIFY that on this day/ before me/ an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Richard C. Daley, Vice President of Pizzuti Equities, Inc., the managing general partner of WINDING HOLLOW DEVELOPMENT COMPANY/ and that he acknowledged executing the foregoing Supplemental Declaration on behalf of the partnership in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said partnership. WITNESS my hand and official seal in the County and State last aforesaid this :2::Znd day of jt,1~1 / 1996. '" (NOTARY NIKI HETESY Notary Public, State of Florid~ My Comm. Exp. Sept. 12. 199i Comm. No. CC 314979 ~ Notary Public Print Name: My Commission Expires: f:\real\846\pizzuti\windholo\unit3\suppdec.doc -4 - , ~\ ~-) ..:t , /l\i., /" IJ C\ ,,'j ~~ ~ I~\ ~ \~ ~ '<~ '-J ~ '~ ~~ ,,'V "J . ~-'" \ ~ .~ e e . THIS DOCUMENT PREPARED BY 'MirE' ;J'Ej'q'RK 1PiI!:C6~13IW81~,El'~ TO: (.r.,) <n <::::) ~ 0:> 2: OJ o r- nl n a ;'.!<.u <::::::I co a Cl A~ -., c=; i;'" r- = ,..., <J = .::z--: ~i-: CJ 1'::', SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 -.,. WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS,CO CONDITIONS AND RESTRICTIONS en N (UNIT 3) -.J -.J THIS SUPPLEMENTAL DECLARATION, made as of May 22, 1996, by ~ WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, . whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declarant." n r frl_...... ;::O-=" ::.x: > o~ .,,~ nz -..".. ;::0 -- c;fT1 C7 :::;c nu~ OfT c ;::0 ~ RECITALS A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: \D ::;:ocr 0'\ ....,rr 03': c- o- c:: ::02 :z: OC ....,r 1'0..) oj. Qoc- ==- c: <c: ::It ....,z "!? ::0- --<: ..., . .. -,. .t:'" ""'r C. Winding Hollow Unit 3, as per plat thereof recorded in Plat Book 'SO , Page "~'15", Public Records of Seminole County, Flori~ hereinafter referred to as the "Subject Property". B. Declarant has heretofore placed of Public Record that certain Declaration of Covenants, Conditions and Restrictions dated June 30, 1994, and recorded September 16, 1994, in Official Records Book 2824, Page 1925 et seq., hereinafter referred to as the "Original Declaration", and the Supplemental Declaration of Covenants, Conditions and Restrictions for Unit 2, dated October 19, 1994, and recorded April 12, 1995, in Official Records Book 2903, Page 1145 et seq., hereinafter referred to as the "Unit 2 Supplemental Declaration", all of the Public Records of Seminole County, Florida, C. The Subject Property lies within the Property, as described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subj ect Property will be developed into residential uses with lots, streets, street lights, open spaces, and other common areas and improvements for tile ..