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HomeMy WebLinkAboutWinding Hollow Supplemental Declaration of Covenants ~ 'dJ/ {) fIJ '0 . VI f -' .~ iii' \I' d ~ ." 3 Op l' ....J..- ., ,", --,,'. ~ ~ c j 't ~ fnuf , ~.) THIS DOCUMENT PREPARED BY 1dH) AFl'l!::!t :!tI!:COltDIU8 ~.LuKrr'I'O: w (J) N rrlW :XI"\) z o r- ~ ("') o C) . SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 ------------------------------------------------------- WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS .." r -.J 0'\ (UNIT 4) THIS SUPPLEMENTAL DECLARATION, made as of April ~, 1997, 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." RECITALS A. Declarant owns real property situate, lying and Seminole County, Florida, more particularly described as be ing iIC::;) follows :.po (J1 ......., Winding Hollow Unit 4, as per plat thereof recorded in Plat Book~, Page \,-~l, Public Records of Seminole County, Florida. 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 sea., hereinafter referred to as the_ "Original Declaration", 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 sea., and the Supplemental Declaration of Covenants, Conditions I and Restrictions for Unit 3, dated May 22, 1996, and recorded June-- 12, 1996, in Official Records Book 3086, Page 1301, et sea., all of-o the Public Records of Seminole County, Florida, ~ fS> Property, as ~ C. The Subject Property lies within the 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 the 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 we 0...., 0.." ~- Q l> r :::0 rr1 n ~o ;"> :::0 (.jC :.." (J) 0') C) Vl' r"lf'l:x :x~~ zo::O <:) "'" -< r- ~ ('1 ('") % n;oZ onf'Tl CC:t 2::;0 ~l :;c :< g (/) .::::!cfTl , ::;0 --4 ;0 fT\ ("') C) ::0 C rr1 o ~ < ,.., ::0 :;; rr1 o in the Subject Property contributing to the personal and general health, safety and welfare of the Owners and for the maintenance of Common Areas withi~ the Subject Property and, to this end, desires to annex the SubJ ect Property to the scheme of the Original De~l~ration and t~ the properties~ as described and defined in th~ Orlglnal Declaratlon, and to subJect the Subject Property to thet covenants, conditions, restrictions, easements, charges and lien~ therein and hereinafter set forth, each and all of which shall b~ binding upon and run with the title to the Subject Property, and ilr and are for the benefit of all of the Subject property and eacg Owner thereof. W N W N <::) coo 0..., 0-" ::1:- (") - l> r :.:u ;"T1 n 1:.10 >>::0 G")O ;,., (/') ..., r- G. Declarant has created a non-profit corporation, Winding Hollow Homeowners' Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein or in the Original Declaration. -.I -.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 B of the Subj ect Property is 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 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 Supplemental 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 violation; (d) amend this Supplemental Declaration without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owner or first mortgagee; and (e) to amend this Supplemental Declaratio~ during the first two (2) years after same has been recorded t~ comply with the request of any mortgagee referred to in thei Original Declaration. The foregoing amendments may be made withou~ the joinder or approval of any Owner, Mortgagee or the Association~ (") (:) ..." r- 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. t.) N t.) N cue 0"" 00J1 ~C5 )> r ::.;u rrt (") -00 >;:0 G')C P'1U) o ARTICLE IV - AMENDMENT ....... c:o 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 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. -3- Section 2. Severability. The invalidation of any provision ~r 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. tf) m IN WITNESS WHEREOF, Declarant has caused this supplementa~ Declaration to be executed in its name and its seal to be affixe~ hereto the day and year first above written. ~ ("') o eN N eN N WINDING HOLLOW DEVELOPMENT COMPANY, a Florida genera~........ partnership ~ o we a.." O~ ~b l> r ::;0 I'TI C"> -00 >::c L..-'O :Tltf) By: Pizzuti Equities, Inc., a Delaware corporation, as managing general partner 194ture . Print Name: Iii/I.. 1..5/11//5 ACKNOWLEDGMENT BY DECLARANT STATE OF OHIO COUNTY OF FRANKLIN 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 } \p day of April, 199 (NOTARY SEAL) ..,j.",..,..r,.!f~~'M1l;~~f'- 'C~: oj. r" : -.A(. '- ... v......... ..", ,,......:.,.,' ". . ,. ...,.:.... . r ....... ,:.~ ....~'~....., -l / ~'~k.; ''/. . ~ Exp. ':. ~lf} .' " : (j ; . .r-":"'ir~' Ii. VA WITT~;~,.. ... I 1(.. . ~ IIOrARYPUBl1c. TaTE or'ijftlO .... () ... f," MY COMMISSION EXPIIlES DEC. 'S.'llD ~ ..... il '...., 0 T"" ..." .". ! J". ..", f:\real\S46\pizzuti\windholo\unit4\suppdec.doc -4- JOINDER BY MORTGAGEE BARNETT BANK, N.A., successor by merger to BARNETT BANK OF CENTRAL FLORIDA, N.A., a national banking association, the owner and holder of that Mortgage dated February 25, 1994, recorded March 4, 1994, in Official Records Book 2737, Page 1567, Public Records of Seminole County, consents to the placing of the foregoing covenants, conditions and restrictions on the Subject Property and further covenants and agrees that the lien of its Mortgage is and shall stand subordinate to the said Supplemental Declaration and the Original Declaration therein referred to (except to the extent otherwise provided in the Original Declaration) as if said covenants, conditions and restrictions had been executed and recorded prior to the recording of its Mortgage. IN WITNESS WHEREOF, BARNETT BANK, N .A., has caused these presents to be executed by its undersigned officer on April ~, 1997. Signed, sealed and delivered In the presence of: c..v N we o.~ c..v 0""7'l N ~E - Q )> r- r ~ :::u ("') 1"11 0 0 ("') . vO .." l> :tJ r- eX> (,J C 0 i'" (I') Name: (1)i\Itei~ ACKNOWLEDGMENT BY MORTGAGEE STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Bradley J. Carpenter well known to me to be a Vice President of BARNETT BANK, N.A., successor by merger to BARNETT BANK OF CENTRAL FLORIDA, N.A., and that he acknowledged executing the foregoing Joinder of Mortgagee on behalf of the corporation in the presence of two subscribing witnesses freely and voluntarily under authority vested in him by said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 19~ day of April ~, .1997. (NOTARY SEAL) ublic 1) ame : {)"f, \~('t)::., E My Commission Expires: f:\real\846\pizzuti\windholo\unit4\suppdec.doc MILAGROS PERDOMO NOTARY PUBLIC STATE OF FLORIDA - 5 - COMMISSION NO. CC422461 MY COMMISSION EXP. N.9.1999