HomeMy WebLinkAboutAmerican Land Investments of Central Florida, LLC - Declaration of Restrictive Covenants - Mermel Property MARYANNE MORSE, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
8K 88138 Pgs 1399 - 1411; (13pgs)
This instrument was prepared by and return to: CLERK' S # 2013128507
Dwight D.Saatho'ff,Esq. RECORDED 18/87/8813 88:27:15 AM
7575 Dr.Phillips Blvd.,Suite 265 RECORDING FEES 118.88
Orlando,FL 3281''9 RECORDED BY H DeVore
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is
made and entered into effective as of the jr day of Oolol2Qr , 2013, (the "Effective Date")
by AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA, LLC, a Florida limited
liability limited company ("American Land" or"Owner").
RECITALS:
A. American Land owns fee simple title in and to the real property described in Exhibit
"A" attached hereto(the"Mermel Property").
B. In conjunction with annexing the Mermel Property into the City of Winter Springs,
American Land entered into a tri-party agreement by and between the City of Winter Springs,
Florida (the "City"), Seminole County, and Owner entitled "Agreement between Seminole County,
Winter Springs, and American Land Investments of Central Florida, LLC Related to the Mermel
Property," dated September 5, 2013, which was approved by both the Seminole County
Commission and the City of Winter Springs City Commission, a copy of which is attached hereto as
Exhibit"B" ('j'Tri-Party Agreement").
C. The Tri-Party Agreement contains certain restrictions affecting development of the
Mermel Property and an obligation that Owner memorialize those restrictions through the execution
and recording of restrictive covenants.
D. Owner now desires to further restrict development of the Mermel Property by
imposing additional covenants and restrictions, as further described herein.
COVENANTS:
NOW,'!THEREFORE, Owner does hereby declare, covenant and agree as follows:
1. ;Recitals. The foregoing recitals are true and correct and are hereby incorporated into
and made a part of this Declaration.
2. ,Use Restrictions. Owner hereby declares, covenants and agrees to restrict the use
and development of the Mermel Property by imposing the following restrictions (collectively, the
"Restrictions
(a) The restrictions on use enumerated as Items (1) through (6) in Section 2(b)
of the Tri-Party Agreement.
{27169935;5}
(b) All parking areas located on the Mermel Property will be constructed using
pervious paving materials if, and to the extent permitted, by the City.
3. Assienment to HOA. Owner may unilaterally transfer all or a portion of its rights
and obligations under this Declaration to a homeowners'association duly created by Owner for, and
with respect to, the Mermel Property and adjacent parcels.which, with the Mermel Property, are
developed as a;residential subdivision("HOA").
4. Choice of Law and Venue. This Declaration shall be construed and interpreted
under the laws,of the State of Florida, without giving effect to principles of conflict of laws, except
where specifically pre-empted by Federal law. Venue with respect to any state or federal litigation
in connection with this Declaration shall lie exclusively in Seminole County, Florida.
5. Modification; Other Covenants. The Restrictions cannot be altered or amended
except by written instrument executed by the Owner (or its respective successors or assigns), the
City and Seminole County.
6. Exhibits. All exhibits referred to herein and attached to this Declaration are hereby
incorporated fully into and made part of this Declaration.
7. Runs with the Land. It is the Owner's intent that this Declaration and the
obligations hereunder shall run with the land and with the title to the Mermel Property, shall be
binding upon all parties having or acquiring any right, title or interest in any part of the Mermel
Property described herein or in any part thereof, and shall benefit the City and Seminole County.
Other than the City and Seminole County, there are no third party beneficiaries of this Declaration
and nothing contained in this Declaration is intended to create any rights in the general public.
8. Recording. This Declaration shall be recorded in the Public Records of Seminole
County,Florida;at the cost of the Owner.
9. Interpretation. Captions and section headings contained in this Declaration are for
convenience of reference only. They do not define, describe, extend or limit the scope or intent of
this Declaration or any provision hereof. The terms "herein," "hereby," "hereof," "hereto,"
"hereunder" and any similar terms refer to this Declaration in its entirety and not solely to the
particular section or paragraph in which the term is used. All terms and words used in this
Declaration, regardless of the number and gender in which used, shall be deemed to include any
other gender or number as the context or the use thereof may require. The invalidity or
unenforceability of any provision of this Declaration shall not affect the other provisions hereof, and
this Declaration shall be construed in all respects as if such invalid or unenforceable provision was
omitted.
[The remainder of this page is blank. This Declaration continues on the next page.]
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IN WIrTNESS WHEREOF, Owner has caused this Declaration to be executed by its
undersigned representative, hereunto duly authorized, on the date or dates set forth below and with
the intent that this Declaration shall take effect on and as of the Effective Date.
WITNESSES, AMERICAN LAND INVESTMENTS OF
CENTRAL FLORIDA,LLC,
a Florida limited liability company
By:
O�
Aj- Dwight Saathoff, naging Member
Date: OC7W-,Ae; J , 2013
Witness SigWature
Printed Name: _70+06jr
Witness Sig ure
Printed Name: $✓s gr./ y Co 6.r-14
STATE OF FLORIDA )
ss:
COUNTY OF ORANGE )
The foregoing instrument was acknowledged before me this 3" day of 0 or os a n,2013 by
yr t G N 7 S q R YNs F ,the tf A,vA s ^#.o It c Ks rn of American Land Investments of Central Florida, LLC,
a Florida limited liability limited company, on behalf of the said corporation. He `�' is
personally known to me, or " produced a Florida Driver's License for identification.
NOTARY STAMP:
NOTARY PUBLI
Print Name:
2.0 e� SUSAN J GORDON
;z. ��-_ My Commission Expires:
__ Notary Public-State of Florida
N` ro4 My Comm.Expires Nov 14,2014
Commission#EE 41705
111/IIIIN�
{27169935;5} 3
SK.>�T J 1ANT -DESCRIPTION LEGIBILITY UNSAT[ F
S ACTOR
NOT A BOUNDARY SURVEY FOR SCANNING
DESCRLPT10N AS FOLLOWS:
A portion of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of
Section 3, Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right-of—woy)
being more particularly described as follows:
Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole
County, Plorldc; Thence run N89'41'15"E, along the East—West center section line of said Section 3,
660.33 feet to Point of Beginning being on the West fine of the South 112 of the Southeast 114 of
the Southwest 114 of the Northwest 114 of said Section 3; Thence run NOO'29'27"W, along said West
line, 309.35 feet; Thence run N89"40'28"E, 635.30 feet to a point 5.00' West of the West
right—of—way line of Deleon Street(40.00 feet right—of—way); Thence run 500'29'49"E, parallel to and
5.00 feet Westerly of said right—of—way line, 309.49 feet; Thence run S89°41'15"W, 635.33 feet to the
Point of Beginning, containing 196,579 square feet or 4.51 acres more or less.
NOT PLATTED
y'bi z
N 89040'28" E
635.30' m
SEE NOTE09 o b
p SOUTH 1/Z sOUTHEAST f/4, O
A
cn O SOUTNYVES7 1/4, NORTHWEST 114 O
° SECTION
NOT PLATTED 3-T21S-R31E
W to CSC v
WEST LINE, SOUTH 112, SOUTHEAST 114, p
P.0.C SOUTHWEST 114, NORTHWEST 114 Ito
REC 4 ic4 CM SECTION 3-T21 S-R31 E
w WEST 114 CORNER EAST-WEST CENTER SECTION LINE ::� l�
SECTION 3-72IS-R31E SECTION 3-T21S-R31E S $9*41'1.5" W
N 89'47'15'
Z £ 66 0.33' P.D.B. 635.33' 1 A s.aa'
FLORIDA AVE(P SAYG.31 FLORIDA AVE(P.B.1,PG.31)
m
^-j 25.00' LOT 20 25.00'
(P.B.1, PAGE 31)
GRUSETNMEIYER - SCOTT & ASSOC., INC. - LAND SURVEYORS
LEGEND- LEGEND ` RADIUS
5400 E. COLONIAL DR. ORLANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436
CERTIFICATE OF AUTHORIZATION - LB 4596
F + F1EW L o ARC LENGTH NOTES:
I.P. + IRON PIPE D +DELTA
LR. IRON ROD C + CHORD 1. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SKETCH MEETS THE ABMMUM TECHNICAL
C.M. x CONCRETE MONUMENT C.B. Q CHORD BEARING STANRARDS SET FORM.BY 771E FLORIDA BOARD OF AROFESsioNAL LAND SURVEYORS IN CHAPTER
SET I.R. + 1/2'IR r/ALB 4596 P.O.L. m POINT ON LINE 5J-17 FLORIDA ADAIIMSTRATIVE CODE
REC. 2 UNLESS EMBOSSED WITH SURVEYORS SEAL, THIS SKETCH IS NOT VALID AND is PRESENTED FOR
P.O.B. +e POI BEGINNING P.R.C. +POINT OF REVERSE CURVATURE MFORWT1044L PURPOSES ONLY.
P.O.C. .. POINT OF COMMENCEMENT P.C.C. POINT OF COMPOUND CURVATURE
q. CENTERLINE RAO. R4DIM. a THIS SKETCH WAS PREPARED FROM TITLE WFORA1A77ON FURNISHED TD THE SURVEYOR THERE
W .. NAIL&DISK N.R. NON-RADIAL MAY SE 07UM RESTRICTIONS OR FASEMENfS THAT AFFECT THIS PROPER Y.
R/W +RIGHT-OF-WAY W.P. '*WITNESS POINT 4. NO UNDERGROUND NPROVEMENTS HAVE BEEN LOCA70 UNLESS OTHERWISE SHOW.
DRAW. +DRAINAGE P.R.M. + PEIOAANENT REFERENCE MONUMENT 5. THIS SKETCH IS PREPARED FOR THE SOLE SETIEFTT OF THOSE CERTIFIED TO AND SHOULD NOT Be
UTIL +VTRAY F.F. =FINISHED FLOOR 0"ATM RETIED UPON BY ANY 07HER ENTRY.
CLFC. +CHAIN UW FENCE S.S.L BUILDING SETBACK LINE
WD.FC. +WOOD FENCE B.M. BENCHMARK 6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
G/B =CONCRETE BLACK B.B. +BASE BEARING RECONSTRUCT BOUNDARY LINES
P.C. +POINT OF CURVATURE CONC. +CONCRETE 7, BEARINGS, IF SHOWN ARE BASED ASSUMED DATUM AND ON THE LINE SHOW AS SASE BEARING B 8
P.T. +POINT OF TANGENCY FIRM =FLOOD INSURANCE RATE ARAP (• .)
DESC. =DESCRIPTION LD. + IDENTIFICATION & ELEVATIONS ESS IF SHOWN,ARE BASED ON NGVD 1929, UNL 07HERWPSE NOTED.
oF. =OFFICIAL RECORDS CDR � 9, LWE BASED ON SECTION BREAKDOWN BY OTHERS AS SHOWN W BOURLIRY LINE AGREEMENT PER
CERTIFIED BY O.n 7555 PAGE 1331 FOR CITY OF WINTER 1SPRINGS
R.L.S. Af l y DATE ORDER
JAMES W. SCOTT, R.L.S � 4801 TOM JL GRUSENMEYER, RL.S. 1 4714 06-11-2013 3946-13
SCALE
1"=20 0' SKETCH AND DESCRIPTION FOR/CERTIFIED T0: OAMERI AN LAND:
NORTH