HomeMy WebLinkAbout2003 05 27 Regular D.1 Engle Homes Emergency Request
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COMMISSION AGENDA
ITEM D.I
Consent
Information
Public Hearin
Re ular
MgrA /Del2t.
,
xx
May 27. 2003
Meeting.
REQUEST: Community Development Department requests that the Commission consider the
emergency request by Engle Homes for approval and recordation of the plat and
homeowner documents for Barrington Estates (a.k.a, Belfaire, a.k.a. Battle Ridge),
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PURPOSE: The purpose of this agenda item is to record the plat and homeowner covenants
for Barrington Estates (approximately 44 acres, located on the north side ofSR
434, between the Greeneway, on the west, and DeLeon Street, on the east). This
subdivision plat contains 110 single family residential lots on 43.995 acres of
what had been 296,97 acres. A large portion of the site was granted to the St.
Johns River Water Management District for conservation purposes. Not all ofthe
site work has been fully accomplished and the developer requests to provide a
performance bond for the un-finished infrastructure.
APPLICABLE CODE:
Code Section 9-75, Final Plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan,
and shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. If more than one (1) sheet
is required, a suitable index map showing the entire development with index
for the various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
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(3) Surveys and surveying data on the final plat shall be in accordance with
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May 27, 2003
Regular Agenda Item D.I
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acceptable professional practices and principles for land surveying and
preparation of plats, Special consideration shall be given to the relationship of the
proposed plat to existing abutting plats to prevent unintended overlap or omission
of lands,
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the
platting oflands embraced in this plat and to the dedication(s) shown herein; and
further, should it become necessary to foreclose the mortgage covering the
property, that all pieces and parcels dedicated to the public will be excluded from
the suit and the dedication shall remain in full force and effect."
(5) A dedication to the public by the owners of all roads, streets, alleys,
easements and other rights-of-way, however designated, shown on the plan for the
perpetual use of all public purposes,
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certify the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures
set forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
Code Section 9-76, Bonding procedures,
(a) Surety-performance bond. When requesting to record a plat for property with
streets to be dedicated to the public in which all improvements have not been
installed or have been only partially installed, the developer shall provide a
corporate or surety completing bond including a payment of vendors' clause
executed by a company authorized to do business in the state and acceptable to the
city, payable to the city in the penal sum of the amount ofthe engineer's estimate
or alternative bid estimates for the uncompleted portions of the work to be done to
provide streets, drainage facilities, street signs, water and sewer
facilities, sidewalks and other improvements as shown on the final development
plan. As an alternative to the provision of a corporate or surety bond, the
subdivider may provide the deposit of equivalent cash in an escrow account with
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May 27, 2003
Regular Agenda Item D,l
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the city, or a letter of credit drawn on an approved institution, drawn in a form
approved by the city attorney.
Section 9.77, Approval of final plat.
The city commission may approve the final plat, considering any applicable
agency reports, if the plan is in substantial conformity with the approved
preliminary plans and it complies with regulations established by this chapter.
Action by the city commission may be taken expeditiously, but not to exceed
thirty (30) days after receipt of the final plat and supporting data by the city unless
delay is requested or caused by the applicant. If the commission certifies that the
development has met all requirements hereof, the plat shall be endorsed as finally
approved by the mayor and attested by the city clerk in order that the same may be
recorded among the public records of the county,
Code Section 9-78. Recording/distribution of the final plat,
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Upon completion of all approval action, the city planner shall be responsible for
ensuring that the original linen is signed and sealed, and the plan and deed
restrictions, if any, are delivered to the appropriate authority for recording. The
developer shall submit to the city the recording fee as specified in the current fee
schedule.
Code Section 9-178. Required improvements to be completed prior to
building on lots; exceptions
(d) No building permit shall be issued unless the water lines and fire hydrants are
in operation within the subdivision sufficient for fire suppression and there shall
be adequate access to the building sites for all city vehicles. Certificates of
occupancy will not be issued until all improvements are accepted by the city
commISSIon,
CONSIDERA TIONS:
An Annexation and Pre-Development Agreement was entered into between the City of Winter
Springs and the Battle Ridge Companies, Inc., on January 26, 1998, Final Engineering was
approved on October 22, 2001, subject to 6 conditions, including an addendum to the 1998
agreement.
The 6.conditions and their status are as follows:
1.
The owner and/or developer shall convey, prior to or concurrently with the final
subdivision plat, the remaining wetlands portion ofthe property (that part not
depicted to be altered) to a responsible public or private non-profit environmental
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Regular Agenda Item D.l
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agency acceptable to the City. Wetlands were conveyed to the St. Johns River
Water Management District (SJRWMD) before the plat was submitted,
2. The owner or developer shall pay a fee-in-lieu approved by the Parks and Recreation
Director, based on the policy established in the Comprehensive Plan. The applicant
attempted to pay the previous $300 per dwelling unit (110 x $300 = $33,000) as
one lump sum, but payment was refused by the City (at the City Attorney's
direction), prior to adoption of Ordinance No, 2003-04, which brought into effect
the new recreation impact fee, Staff contends that the newly adopted $915,53
recreation impact fee applies and must be paid with each building permit.
3. The owner and lor developer shall conduct a grid archeological survey of the
developable portion of the site, prior to clearing, filling, grading, or commencing the
construction of improvements, An archeological study was performed and the
results were provided to the City,
4, The owner and/or developer shall provide evidence of coordination with Seminole
County during the platting process to extend the Seminole Trail through the ten (10)
foot preserve area where opportunities exist. The applicant states that he has met
with Seminole County personnel and that they have requested the trail extend
along the southern boundary of the site, but did not mention Tract "D," along
the eastern site boundary, He states that no written documentation from
Seminole County exists regarding the placement of the trail, Tract "D" is
depicted on the plat as "Landscape/Buffer," rather than as a preserve area,
although note 5 on sheet 2 of 4 of the plat states the following:
"Tract 'D' is a landscape/buffer to be owned and maintained by the
homeowners association, with a 10 feet 'Seminole Trail Easement' over this
tract is dedicated to the Seminole County,"
5, The owner and/or developer shall provide a street lighting plan that meets the
requirements of [the] City Code prior to or concurrently with submittal of the final
subdivision plat. The applicant has submitted a street light plan that appears
adequate,
6. The owner and the City shall execute the "Addendum to Annexation and Pre-
Development Agreement" prior to construction commencing, The addendum that
was approved October 22, 2001, was executed June 25, 2002, and recorded July
3,2002, in the public documents of Seminole County,
The original parcel addressed by the Annexation and Pre-Development Agreement consisted of
296.97 acres. At or about the time that the wetlands were dedicated to the SJRWMD, a narrow
strip of land, consisting ofless than one acre (per Property Appraiser's records), was conveyed to
or retained by Sunbreeze Inc., without benefit of a plat. The City Attorney has been apprised of
this situation and has been asked whether or not this jeopardizes or complicates approval and
recordation of this plat.
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May 27, 2003
Regular Agenda Item D.I
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Subsection 7 (E) (4), on page 8 of the Annexation and Pre-Development Agreement states the
following:
"The owner will design its internal road network to preclude connection to adjacent
properties to the east. To further assure that the road system is not connected to future
developments to the east, Developer will dedicate on the plat or by separate recorded
instrument ten feet of property to the project's homeowner's [sic] association as a
preserve area. The only improvements which shall be allowed in said preserve area are
those to effectuate any type of natural scenic trail, as expressly authorized by Owner
[Battle Ridge Companies, Inc.].
The applicant proposes this property (Tract "D" on the plat) as a "landscapelbuffer," not a
preserve. Some clearing has occurred in the "preserve area," although the applicant states that
the large trees remain, A utility easement is depicted through the tract. These issues are
inconsistent with the agreement's requirements for a preserve, The applicant states that the
Seminole County staff did not address extending a trail across this portion of the site, only across
the southern edge of the subdivision. Staff proposes amending the agreement to remove the
"preserve" status from Tract "D" and to allow utility easements to cross the tract for possible
future connection to the properties to the east.
. FINDINGS:
1) Final engineering and First Addendum to Annexation and Pre-Development Agreement were
approved by the Commission on October 22,2001, subject to conditions.
2) Final Engineering plan approval condition No.2 (recreation fee-in-lieu of) has not been met,
although the applicant did attempt to pre-pay $33,000, but was refused by staff (based on the City
Attorney's directions), shortly before adoption of Ordinance No. 2003-04, revising the City's
impact fees.
3) Final Engineering plan approval condition No.4 has not been met, although the applicant has
dedicated land along the south and east sides of the subdivision for the trail. The applicant states
that no written documentation exists at this time to demonstrate his cooperation with Seminole
County other than the trail easements on the plat.
4) The City Engineering Inspector has determined that infrastructure construction at Barrington
Estates is approaching completion.
5) The developer will furnish a performance bond in the amount of $116,421.97 for the
remaining construction work, based on the project engineer's certification of cost of construction,
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6) The plat meets the requirements of Chapter 177, Florida Statutes and the City Code for
platting, but is inconsistent with the Annexation and Pre-Development Agreement. Staff
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May 27, 2003
Regular Agenda Item D,l
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proposes an addendum (also on the agenda for this meeting) to the Annexation and Pre-
Development Agreement to remedy the inconsistencies. Questions regarding the previous
division of the 296,97 acre parent tract have been forwarded to the City Attorney to determine
their effect on this plat.
7) Approval of the recordation of the plat and supplemental covenants will allow
building permits to be issued, pursuant to Section 9-178 of the City Code. Certificates of
Occupancy will not be issued until such time that the Commission approves the acceptance of
the applicable improvements (e,g. sanitary sewer and potable water, but not the private
roadways) for City maintenance,
RECOMMENDATION:
Staff recommends that the City Commission approve the recordation ofthe plat and restrictive
covenants for Barrington Estates, subject to (1) resolution of the previous subdivision ofland
without a plat, (2) approval of a "Second Addendum to Annexation and Pre-Development
Agreement," and (3) the City Attorney's review and approval of the plat, title certification, and
protective covenants.
ATTACHMENTS:
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A
Declaration of Covenants, Conditions and Restrictions for Barrington
Estates
B Barrington Estates Final Subdivision Plat.
C Annexation and Pre-Development Agreement
D First Addendum to Annexation and Pre-Development Agreement
E Inspector Perez's Memo Addressing Performance Bond Amount
COMMISSION ACTION:
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--~ATTACHMENT A
This instrument prepared by and
after recording return to:
Grant T. Downing, Esquire
Godbold, Downing, Sheahan & Bill, P.A.
222 West Comstock Avenue, Suite 101
Winter Park, Florida 32789
--------------------------------------[SPACE ABOVE THIS LINE FOR RECORDING DA T Aj----------------------------___________
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BARRINGTON ESTATES
This Declaration of Covenants and Restrictions is made this day of
, 2003, by TOUSA HOMES, INC. (f/k/a ENGLE HOMES/ORLANDO,
INC.), a Florida corporation, hereinafter referred to as "Developer," whose addressis 775
S. Kirkman Road, Suite 117, Orlando, Florida 32811,
W II N E SSE I H:
WHEREAS, Developer is developing certain real property located in Seminole
County, Florida, which real property is more particularly described as follows and shall
hereinafter be referred to as the "Subject Property";
, according to the Plat
thereof recorded in Plat Book , Pages
through , of the Public
Records of Seminole County, Florida; and
WHEREAS, Developer desires to create on the Subject Property a residential
community of single family residences with roads, drainage and utility easements,
landscape areas, drainage areas, and other open or common areas, all to be known as
BARRINGTON ESTATES (the "Development"); and
WHEREAS, Developer may from time to time in its sole discretion subject additional
lands to this Declaration, whereupon such added property, hereinafter referred to as
"Additions to Subject Property", shall be subject to this Declaration and the jurisdiction of
the Association; and
WHEREAS, Developer desires to provide for the preservation of the value and
amenities in said community and, to this end, desires to subject the Subject Property to the
covenants, restrictions, easements, charges and liens hereinafter set forth and those which
may arise in the future, each and all of which is and are for the benefit of the Subject
Property and each Owner thereof; and
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WHEREAS, Developer has creat~d an Association to which will be delegated and
assigned the powers of administering and enforcing the covenants and restrictions hereof,
and collecting and disbursing the assess~ents and charges referred to herein; and
WHEREAS, Developer has incorJorated the Association referred to in Article I as
a nonprofit corporation under the laws of the State of Florida for the purpose of exercising
the functions aforesaid; and I
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WHEREAS, the owner of Subje'ct Property shall join in and consent to this
Declaration of Covenants, Conditions a!nd Restrictions for Barrington Estates for the
purpose of SUbjecting the Subject Property to the terms and conditions contained herein.
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NOW, THEREFORE, the DeveloJ,er hereby declares that the Subject Property is
and shall be held, transferred, sold, corveyed and occupied subject to the following
covenants, restrictions, easements, charges and liens (at times hereinafter referred to as
"covenants and restrictions"), which are for the purpose of protecting the value and
desirability of, and which shall run with, th~ Subject Property and be binding on all parties
having any right, title or interest in the S~bject Property or any part thereof, their heirs,
successors and assigns, and shall inure ~o the benefit of each Owner thereof.
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ARTICLE I
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DERINITIONS
The following words when used in t~iS Declaration or any Supplemental Declaration
(as defined hereafter), unless the context ~hall otherwise prohibit, shall have the following
meanings: I
a. "Additions to Subject Proberty" shall mean and refer to any real property
which may become subject to this Declaration under the provisions of Article II hereof.
Such Additions to Subject Property, whichl may be added from time to time, may be of any
size and contain any number of Lots ahd in any sequence as determined solely by
Developer. I
b. "Architectural Reviel Committee" or "ARC" shall refer to the
committee established by the Board of Directors'and described in Article VI hereof.
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c. "Association" shall mebn and refer to Barrington Estates Homeowner's
Association, Inc., a nonprofit Florida corboration, The Articles of Incorporation of the
Association are attached hereto as Exhibit "A" and the Bylaws of the Association are
attached hereto as Exhibit "B," both as ma1y be amended from time to time in accordance
with the provisions thereof. I
d, "Board of Directors" dr "Board" shall mean the Board of Directors of
the Association. I
e, "Common properties,,1 or "Common Property" shall mean and refer to
those tracts of land, together with any irDProvements thereon, which are actually and
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specifically dedicated, deeded or leased to the Association, or tracts of land or
improvements which the Association undertakes to maintain, The terms "Common
Properties" or "Common Property" shall also include any personal property acquired by the
Association and any real property within the Subject Property, together with any improve-
ments thereon, upon which the Association has accepted an easement for maintenance.
f. "Developer" shall mean and refer to Tousa Homes, Inc. (f/k/a Engle
Homes/Orlando, Inc.), a Florida corporation. Wherever the term Developer is used in this
Declaration, it shall be deemed to include Developer's successors and assigns only to the
extent specifically so identified by an instrument in writing executed by Developer.
g. "Development" shall mean and refer to the Barrington Estates
development constructed by the Developer upon the Subject Property,
h. "Living Unit" shall mean and refer to any portion of a building or a
single family structure situated upon a Lot within the Subject Property designed and
intend'ed for use and occupancy as a resider'lce by a single family.
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i. "Lot". shall mean and refer to any numbered plot of land shown on a
recorded subdivision plat of the Subject Property, with the exception of the Common
Properties heretofore defined, which is intended for use and construction thereon of a
Living Unit. The term Lot shall also include the Living Unit located thereon when a house
has been constructed on the Lot.
j. "Member" shall mean and refer to all those Owners who may be
designated Members of the Association as provided in Article IV hereof,
k. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of the fee simple title to any Lot and Living Unit which is situated
within the Subject Property; but, notwithstanding any applicable theory of the law of
mortgages. Owner shall not mean or refer to any holder of a security interest in a Lot as
security forthe performance of an obligation, unless and until such holder has acquired title
pursuant to foreclosure or any proceeding in lieu of foreclosure.
I. "Subject Property" shall initially mean and refer to those lands
described in the first Whereas recital set forth in this Declaration. The term "Subject
Property" shall also include Additions to Subject Property when added from time to time
under the provisions of Article II hereof,
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m. "Surface Water Management System" means a system 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 the applicable provisions of the Florida Administrative
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Code, The Surface Water Management System also shall mean and refer to all land,
easements and other facilities and appurtenances that together constitute and comprise
the master surface water management and drainage system of the Development as
reflected on the plans therefor on file with and approved by the applicable Water
Management District.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
SECTION 1, Subiect Property. The Subject Property which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration is more particularly
described in the first Whereas recital set forth in this Declaration.
SECTION 2. Additions to Subiect Property. The Developer, from time to time,
may in its sole discretion cause additional lands to become subject to this Declaration,
which additional lands have been hereinabove defined as Additions to Subject Property.
Until such time as su~h additions are made to the Subject Property in the manner
hereinafter set forth, real property other than the Subject Property shall in no way be
affected or encumbered by this Declaration. The Developer's right to cause additional
lands to become subject to this Declaration shall not require the prior approval of any other
party.
SECTION 3, Supplemental Declaration of Covenants and Restrictions. The
Additions to Subject Property authorized under this Article shall be made by the
Developer's filing of record a Supplemental Declaration of Covenants and Restrictions,
hereinafter referred to as "Supplemental Declaration," with respect to the Additions to
Subject Property which shall extend the scheme of the covenants and restrictions of this
Declaration to such property. Upon the filing of record of such Supplemental Declaration,
the lands described therein shall be added to and become a part of the Subject Property
under this Declaration.
Such additions may be made whenever the Developer in its sole discretion deems
appropriate. Such Supplemental Declaration shall be made by the Developer and shall not
require consent of any Owner, Member, mortgagee of a Living Unit, or the Association.
Such Supplemental Declaration may contain such additions and modifications of the
covenants and restrictions contained in this Declaration as may be necessary to reflect the
different character, if any, of the Additions to Subject Property, and to identify any Common
Property included in the Additions to Subject Property. The Owner of each Living Unit in
any Additions to Subject Property shall become a Member of the Association when the
Supplemental Declaration of Covenants and Restrictions is recorded in the Public Records
submitting the Additions to Subject Property in which the Living Unit is located to the terms
of this Declaration, and at that time the Owner may exercise all rights of a Member of the
Association, including the right to vote, and shall become subject to the terms and condi-
tions of this Declaration as provided in the Supplemental Declaration, including such
obligations as the payment of assessments as provided therein.
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ARTICLE III
COMMON PROPERTY
SECTION 1. Common ProDerty. The Common Property will be identified by
designation as Common Property on plats of the Subject Property from time to time or by
otherwritten designation by Developer. The Association shall operate, maintain and, when
and to the extent deeded by the Developer, hold record title to the Common Property.
Notwithstanding the foregoing, the Developer subsequently may determine that certain
other limited areas may be designated as Common Property which will be operated and
maintained by the Association. Any such additional Common Property to be operated and
maintained by the Association will be identified by written designation between Developer
and the Association. Further, the Developer shall determine which areas of Common
Property shall be deeded to the Association, if any. Every Member shall have a right and
easement of enjoyment in and to the Common Property and such easement shall be
appurtenant to and shall pass with the title to every Lot. The rights and easements of
enjoyment created hereby shall be subject to the right of the Developer to dedicate or
transfer all or any part of the Common Property to any public agency, authority or utility.
All streets and roadways within the subject property shall be Common Property.
a. Tract "A" on the Plat is a private road which is to be owned and
maintained by the Association.
b. Tracts "B" and "C" on the Plat are stormwater retention tracts to be
owned and maintained by the Association.
c. Tracts "E" and "J" on the Plat are landscape buffers to be owned and
maintained by the Association,
d. Tracts "F" and "G" on the Plat are buffers/signage tracts to be owned
and maintained by the Association.
e. Tracts "H" and "/" on the Plat are open space areas to be owned and
maintained by the Association.
Association.
f. Tract "N" is an access tract to be owned and maintained by the
SECTION 2, Private Roads, The Common Property to be owned, operated and
maintained by the Association will include private roads within the Subject Property. The
Plat designates therein Tract "A" as a private road which is to be owned and maintained
by the Association. As Common Property, the Association shall be responsible for the
maintenance, repair and replacement of the private roads contained on the Plat herein.
The Association shall be solely responsible for the costs to maintain and re-surface the
private roads within the Subject Property as necessary, Developer has commenced the
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development of the Subject Property as a gated community with all private roads within the
Subject Property being included within the gated community.
a. The Association shall establish and collect reserve funds for the sole
purpose of re-surfacing the private roads within the Subject Property. Such funds shall be
placed in a "Road Re-Surfacing Fund." The funds shall be established and collected in
accordance with this Declaration. These reserve funds shall be maintained by the
Association separate and apart from all other Association funds,
Using present value, the estimated cost of re-surfacing the private
roads within the Subject Property is $50,000,00, The estimated cost of re-surfacing the
roads within the Subject Property, using a three percent (3%) escalation in value over the
first 10 year period, is $67,000.00. The Association agrees to place in the Road Re-
Surfacing Fund $6,700.00 per year or $61.00 per Lot (for 110 Lots) over the next 10 years
to cover the expense of re-surfacing the private roads within the Subject Property. After
expiration of the 10 year period and thereafter, the Association has the right to obtain a
competitive estimate for the cost of re-surfacing the private roads within the Subject
Property. The accumulated funds in the Road Re-Surfacing Fund shall not exceed one
hundred ten percent (110%) the fair market cost of re-surfacing the private roads.
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SECTION 3, Access Gate(s) to Subiect Property. An emergency vehicle access
control system (E.V.A.C.) shall be installed on each access gate into the Subject Property.
The E.V.A.C. system shall be in addition, and separate from, the gate opening provided
for the residents of the Subject Property, The purpose for the E,V.A.C. system is public
safety admittance to the Subject Property, The Association shall be responsible for
installing and maintaining the E.V.A.C. system,
The Association shall be responsible for the installation of a keypad code entrance
device at each access gate to the Subject Property. The Association shall be responsible
for supplying the keypad entrance code in writing, to the fire department upon installation.
Furthermore, the Association shall be responsible for providing the fire department with
written notice when changes are made to the code.
Each access gate to the Subject Property shall be designed so that in the event of
a power failure, all gates entering and exiting the Subject Property, automatically go to the
fully opened position. In addition, each access gate entering and exiting the Subject
Property, shall allow a minimum of twelve (12) feet of roadway clearance when in the open
position.
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SECTION 4, Easements over Common Property. Perpetual easements for the
installation and maintenance of utilities and drainage areas are hereby reserved in and to
all utility easement and drainage easement areas shown on the plats of the Subject
Property or otherwise established, which easements include, without limitation, the Surface
Water Management System and the right of reasonable access over Lots to and from the
easement areas. This easement over and upon all utility and drainage easement areas
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shall be in favor of the Developer, the Association, and their officers, members, agents,
employees, lessees, invitees or other designees of the Developer or the Association.
Developer shall have the right to convey such easements on an exclusive or nonexclusive
basis to any person, corporation or governmental entity, Neither the easement rights
reserved pursuant to this paragraph or as shown on the plats of the Subject Property shall
impose any obligation on Developer to maintain such easement areas. All utilities and
drainage easement areas located within Lots, whether as reserved hereunder or as
created on the plats of the Subject Property, and all improvements in such easement areas
within Lots shall be maintained continuously by the Owner of the Lot upon which such
easement exists, except for those improvements for which a public authority or utility
company is responsible. The use, operation and maintenance of all conservation areas
and all areas of the Surface Water Management System, wherever situated, shall be
subject to the permit and all requirements of the applicable Water Management District and
any other applicable governmental authorities. Furthermore, all wetlands and upland buffer
zone areas within the Development shall be dedicated for conservation on the face of the
subdivision plat of the Subject Property. The following restrictions, which shall appear on
the face of the subdivision plat of the Subject Property, shall restrict the use of the
conservation areas as follows:
The conservation and preservation areas are hereby dedicated as common
areas and shall be the responsibility of the Association. Activities prohibited
within the conservation and preservation areas include, but are not limited
to, construction or placing of buildings on or above the ground; dumping or
placing soil or other substances such as trash; removal or destruction of
trees, shrubs, or other vegetation, with the exception of exotic/nuisance
vegetation removal; excavation, dredging or removal of soil material; diking
or fencing; any other activities detrimental to drainage; flood control, water
conservation, erosion control, or fish and wildlife habitat conservation or
preservation,
The Association shall be responsible for operation and maintenance of the Surface
Water Management System provided that each Owner shall maintain any portions of the
Surface Water Management System situated on such Owner's Lot. Each Owner also shall
be responsible for the normal and day to day maintenance of any land areas which lie
adjacent to and outside of such Owner's Lot to the water's edge of an abutting lake, pond
or other body of water, Such maintenance by the Owners of all Lots shall include routine
mowing, weeding and cleaning.
a. No structure of any kind shall be constructed or erected in or on, nor shall
an Owner in any way change, alter, impede, revise or otherwise interfere with the flow or
volume of water in any portion of the Surface Water Management System including, but
not limited to lakes, ponds, swales, drainage ways, or wet retention ponds or areas
intended for the accumulation of runoff waters, without the specific written permission of
Developer or the Association,
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b. No Owner or other person shall unreasonably deny or prevent access to
any area of the Surface Water Management System for maintenance, repair, or
landscaping purposes,' by Developer, the Association, the St. Johns River Water
Management District, the County, the City of Winter Springs or any appropriate
governmental agency that may reasonably require access. Nonexclusive easements
therefor are hereby specifically reserved and created over all portions of the Surface Water
Management System.
c. No Lot shall be increased in size by filling in any lake, pond or other water
retention or drainage areas which it abuts. No person shall fill, dike, rip-rap, block, divert
or change the established water retention and drainage areas that have been or may be
created without the prior written consent of Developer or the Association. No person other
than the Developer or the Association may draw water for irrigation or other purposes from
any lake, pond or other water management area, nor is any boating, swimming, or wading
in such areas allowed,
d. Nothing in this Article III shall be construed to allow any person to alter
any area or portion of the Surface Water Management System without first obtaining the
necessary permits from all governmental agencies having jurisdiction,. including the St.
Johns River Water Management District.
ARTICLE IV
STRUCTURE, POWERS AND DUTIES OF, AND
MEMBERSHIP AND VOTING RIGHTS IN. THE ASSOCIATION
SECTION 1, Association. The Association created by Developer hereunder is a
nonprofit corporation charged with the duties and vested with the powers prescribed by law
and set forth in this Declaration, Neither the Articles of Incorporation nor the ByLaws of
the Association shall, for any reason, be amended or otherwise changed or interpreted so
as to be inconsistent with this Declaration. In the event of any such inconsistency, the
provisions of this Declaration shall prevail. The officers and directors of the Association
shall be required to be either (1) Members of the Association, or (2) officers, directors,
agents, representatives or employees of the Developer. The Board of Directors and such
officers as the Board may elect or appoint, shall conduct the affairs of the Association in
accordance with this Declaration, the Articles of Incorporation and the ByLaws of the
Association,
Notwithstanding anything contained in this Declaration, the Articles of Incorporation
or the ByLaws to the contrary, the Developer shall be entitled to select a majority of the
members of the Board of Directors until such time as Developer has sold, transferred or
conveyed ninety percent (90%) of the total number of Lots the Developer plans to develop
within the Development to third parties,
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SECTION 2, Association Purpose and Duties. Forthe purposes of administering
the covenants, restrictions and other provisions of this Declaration, and continuing the
orderly and aesthetically pleasing growth and maintenance of the Development, the
Association shall have the following authority and duties:
a, Provide for the landscaping, maintenance and irrigation of the
Common Property.
b. Provide and pay for the maintenance of the Surface Water
Management System, to the extent not dedicated to and accepted for maintenance by
governmental authorities. Maintenance of the Surface Water Management System 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 applicable Water Management District. Any repair or reconstruction of the Surface
Water Management System shall be as permitted or, if modified, as approved by the Water
Management District.
c, Provide and pay for maintenance of all roads and streets within the
Subject Property,
d. Adopt standards of maintenance and operation which are, at the very
least, as stringent as those adopted and/or followed by other first class developments
similar to the Development.
e. Take any and all actions necessary to enforce all covenants,
conditions and restrictions set forth in this Declaration and to perform any of the functions
or services delegated to the Association in this Declaration or in the Articles of Incor-
poration or ByLaws of the Association,
f. Conduct the business ofthe Association, including, but not limited to,
administrative services such as legal, accounting, and financial, and communications
services informing the Members of activities, notices of meetings, and other important
events.
g. Purchase general liability and hazard insurance covering
improvements and activities on the Common Property at a current replacement cost basis
in an amount not less than one hundred percent (100%) of the insurable value, directors
and officers liability and such other insurance as the Board of Directors deems necessary.
Hazard insurance proceeds for losses to any Common Property may not be used other
than for the repair, replacement or reconstruction of such property unless the Board of
Directors decides otherwise.
h. Establish and operate the Architectural Review Committee as
hereinafter defined in Article VI hereof.
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i. In addition to the maintenance herein provided, provide landscape
maintenance to any Lot or exterior maintenance upon any improvements or structures
erected upon any Lot which, in the Association's opinion, requires such maintenance
because said landscaping, improvements or structures are being maintained in a sub-
standard manner. The Association shall notify the Owner of said Lot in writing, specifying
the nature of the condition to be corrected, and if the Owner has not corrected ordoes not
begin and diligently pursue to correct same within fifteen (15) days after the date of said
notice, the Association (after approval of a majority affirmative vote of the Board of Direc-
tors) may correct such condition. For the purpose of performing the exterior maintenance
authorized by this Article, the Association, through its duly authorized agents or employees,
shall have the right, after reasonable notice to the Owner, to enter upon any Lot or exterior
of any structure or improvement at reasonable hours on any day, The cost of such
maintenance shall be assessed against the Lot upon which such maintenance is
performed, but shall not be considered part of the a,nnual maintenance assessment or
charge. Any such special assessment or charge shall be a personal obligation of the
Owner and a lien upon said Owner's Lot and shall become immediately due and payable
in all respects, together with interest calculated at the highest rate allowable by Florida law,
attorneys fees, court costs and other fees or costs of collection as provided for other
assessments of the Association.
SECTION 3. Membership, Every person or entity who is a record Owner of a fee
or undivided fee interest in any Lot which is subject to this Declaration shall be a Member
of the Association, provided that any such person or entity who holds such interest merely
as a security for the performance of any obligation shall not be a Member. The Association
membership of each Owner shall be appurtenant to the Lot giving rise to such membership
and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in
any way except upon the transfer of title to said Lot and then only to the transferee of title
to such Lot. Any attempt to make a prohibited transfer shall be void, Any transfer of title
to a Lot shall operate automatically to transfer the membership in the Association
appurtenant thereto to the new Owner thereof,
SECTION 4, Voting Rights. The Association shall have two classes of voting
membership.
Class A. Class A members shall be every person or entity who is a record owner
of a fee simple interest or undivided fee simple interest in any Lot, with the
exception of the Developer. Class A Members shall be entitled to one vote for each
Lot owned, When more than one (1) person holds an interest in any Lot, all such
persons shall be Members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one (1) vote be cast with respect to any
Lot.
Class B. The Class B Member shall be the Developer and the Class B Member
shall have seven (7) votes for each Lot owned by said Member, For purposes of
determining voting rights hereunder, the number of Lots owned by the Developer
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shall be deemed to include the total number of Lots Developer plans to develop
within the entire Development, whether or not yet included in a final plat subdividing
the Subject Property into single family residential lots.
The Class B membership shall cease and become converted to Class A membership upon
the earlier to occur of the following events:
a, When the Developer has sold, transferred or conveyed seventy-five
percent (75%) of the total number of Lots Developer plans to' develop within the
Development; or
b, On April 30, 2004.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1, Creation of the Lien and Personal Obligation of Assessments,
a. Each Owner of any Lot in the Subject Property, by acceptance of a
deed therefor, whether or not it shall be so expressed in any such deed or other
conveyance, hereby covenants and agrees to pay (1) an initial capital assessment; (2)
annual assessments; (3) resale assessments; and (4) special assessments for capital
improvements; such assessments to be fixed, established and collected from time to time
as hereinafter provided at a uniform rate applicable to each Lot within the Subject Property.
The initial, annual, resale and special assessments may be imposed in Developer's
reasoned discretion or by the Association. The charges imposed together with such
interest thereon and costs of collection thereof, including court costs and reasonable
attorneys' fees, as hereinafter provided, shall be a charge on the land and shall be a
continuing lien upon the property against which each such assessment is made. All Lots
shall be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise
encumbered subject to all the terms and provisions of this Declaration applicable to Lots,
including, but not limited to, the continuing lien herein described. Each such assessment,
together with such interest, costs and attorneys' fees as hereinafter provided, shall also be
the personal obligation of the person who is the Owner of such Lot at the time when the
assessment falls due.
b. Notwithstanding the provIsions of subparagraph a. above, the
Developer shall not be subject to any of the aforesaid assessments as to Lots which are
owned by Developer. Lots owned by the Developer shall be exempt from the assessments
until such time that any of said Lots has been improved by Developer with a completed
Living Unit as determined by the issuance of a certificate of occupancy and has been
conveyed to a third party homeowner. The Developer shall fund any deficit for payment
of the general operating expenses of the Association for as long as the Developer is
exempt from the assessments as provided herein, provided that the Developer shall not
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be obligated to contribute to or pay for funding any reserves for capital expenditures or
deferred maintenance, capital improvement funds, or special assessments. The Developer
shall have the right to waive the exemption from assessments set forth herein, at which
time the Lots owned by the Developer shall be subject to the assessments in the same
manner as the Owners of all other Lots in the Subject Property.
SECTION 2, Purpose of Assessments. Any assessments levied shall be used
exclusively for the purposes of the improvement and maintenance of the Common
Properties and promoting the recreation, health, safety and welfare of the Owners within
the Subject Property, including, but not limited to:
a. Lighting, improvements and beautification of the roads and easement
areas in the Subject Property, and the acquisition, maintenance, repair and replacement
of directional markers and signs and traffic control devices; and
b. Installation, maintenance, improvement and operation of drainage and
utility facilities and easements; and
c. Installation, management, maintenance, improvement and beautifi-
cation of landscaping and irrigation on Common Properties; and
d. Installation, maintenance, repair and improvement of any subdivision
entry or boundary wall situated within the Subject Property; and
e. Maintenance and repair of the Surface Water Management System,
including but not limited to work within retention areas, swales, berms, drainage structures
and drainage easements; and
f. Payment of operating expenses of the Association, including, without
limitation, real estate taxes and insurance; and
g. Repayment of deficits, if any, previously incurred by Developer or the
Association in making capital improvements to or upon the Common Properties, and/or in
furnishing the services and facilities provided herein orforthe Members of the Association;
and
h. Doing any other thing necessary or desirable in the judgment of
Developer or the Association to benefit or improve the Development, to keep the
Development neat and attractive, to preserve or enhance the value of the properties
therein, to eliminate fire, health or safety hazards, or any other thing which, in the judgment
of Developer or the Association, may be of general benefit to the Owners or occupants of
lands included in the Development.
SECTION 3, Amount of Assessments. The first purchaser of each Lot within the
Subject Property, at the time of closing of the conveyance from the Developer to such first
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purchaser, shall pay to the Association an initial capital assessment in such amount as
may be determined by the Developer; the funds derived from the initial capital
assessments shall be used at the discretion of the Association for any purpose, including
but not limited to, future and existing capital improvements, operating expenses, support
costs and start-up costs, Upon the closing of the first sale of each Lot, and on the first day
of each fiscal year thereafter, an annual assessment shall be assessed against each Lot.
The annual assessment shall be in addition to the initial capital assessment and shall be
prorated in the year in which the first sale of the Lot occurs to the actual date of closing.
After the closing of the first sale of each Lot and collection of the initial capital assessment
as provided above, a resale assessment shall be assessed against each Lot and shall be
paid to the Association by each Owner at the time said Owner closes on its purchase of
a Lot; the resale assessment shall be a recurring fee to be paid at the time of each transfer
of title to a Lot. The amounts of the annual and resale assessments shall be determined
from time to time by the Developer, and subsequently by the Association after the
Developer no longer is entitled to select a majority of the members of the Board of
Directors as provided in Article IV hereof.
SECTION 4. Special Assessments for Capital Improvements. In addition to the
foregoing initial, annual and resale assessments, the Developer or 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 or reconstruction,
installation, repair or replacement of any capital improvement upon the Common Prop-
erties, provided that any such assessment shall have the assent offifty-one percent (51 %)
of the total number of votes of the Members who are voting in person or by proxy at a
meeting duly called for this purpose, written notice of which shall be sent to all Members
at least thirty (30) days in advance and shall set forth the purpose of the meeting.
SECTION 5, Effect of Nonpayment of Assessments. The Association has a lien
on each Lot for any unpaid or past due assessments and charges, If any assessments are
not paid on the date when due, then said assessments shall become delinquent and shall,
together with such interest thereon and charges and costs of collection thereof as
hereinafter provided, be and remain a continuing lien on the Lot which shall bind such Lot
in the hands of the then Owner, his heirs, devisees, personal representatives and assigns.
The lien shall be perfected by recording a Claim of Lien in the public records of the County
in which the Subject Property is located; such lien shall continue in effect until all sums
secured by said lien have been fully paid, and the lien satisfied or discharged. The
personal obligation of the then Owner to pay assessments shall remain his personal
obligation for the statutory period.
If any assessment is not paid within thirty (30) days after the due date, an
administrative charge may be levied by the Developer or the Association and the
assessment shall bear interest from the date when due at the rate of 18% per annum,
Developer or the Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the Lot, and there shall be added
to the amount of such assessment, all charges and interest as provided above, and all
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costs of the action, including legal fees whether or not judicial proceedings are involved,
and including legal fees and costs incurred on any appeal of a lower court decision.
SECTION 6, Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage
recorded prior to the filing of the claim of lien in the public records. 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, of any first mortgage recorded
prior to the filing of the claim of lien in the public records shall extinguish the lien for such
assessments as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any assessments thereafter becoming due
or from the lien thereof.
ARTICLE VI
RESTRICTIVE COVENANTS
.
SECTION 1. Residential Use: No Subdivision. All of the Lots in the Subject
Property shall be known and described as residential property and no more than one (1)
single-family dwelling may be constructed on any Lot. Each Living Unit shall be occupied
by only one (1) family at any time, as a residence and for no other purpose. No Lot may
be divided or subdivided without the express written consent of the Developer, or
subsequently by the Association after the Developer no longer is entitled to elect a majority
of the members of the Board of Directors.
SECTION 2, Pools, A swimming pool may not be located in the front yard of any
Lot and no above-ground pool shall be permitted. The framing of any pool screen
enclosures shall be white, bronze, or such other color as may be approved by Developer
or the ARC.
SECTION 3, Dwellings. Roofs and Garages. Roof shingles shall be of at least
the fungus resistant architectural grade quality. All block walls must be stuccoed, bricked
or covered with a suitable material other than paint. No exterior colors on any Living Unit
or other structure shall be permitted that, in the judgment of the Developer or the ARC,
would be inharmonious, discordant or incongruous within the Subject Property. The initial
exterior color and design of all Living Units and other structures shall be as approved by
the Developer or the ARC, and any later changes must be approved by the ARC. All Living
Units shall have at least a two (2) car garage which must be maintained and operated as
such at all times. All Living Units shall be constructed with concrete driveways or of such
other material as may be approved by Developer or the ARC.
.
SECTION 4. Use of Accessory Structures. Other than the Living Unit and its
garage, no tent, shack, barn, utility shed or building shall, at any time, be erected and used
on any Lot temporarily or permanently, whether as a residence or for any other purpose;
provided, however, temporary buildings, mobile homes, or field construction offices may
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be used by Developer or other general contractors constructing Living Units in the
Development (with the written permission of the Developer) and its agents in connection
with construction work. No recreation vehicle may be used as a residence or for any other
purpose on any of the Lots in the Subject Property.
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SECTION 5, Commercial Uses and Nuisances, No Owner may conduct or carry
on trade, business, profession or other types of commercial activity upon any Lot. This
restriction shall not be construed to prohibit any Owner from maintaining a personal or
professional library, from keeping his personal, business or professional records in his
Living Unit, or from handling his personal, business or professional telephone calls or
written correspondence in and from his Living Unit. Such uses are expressly declared
customarily incident to residential use. This Section 5 is, however, intended to prohibit
commercial or business activity by any Owner or any persons which would unreasonably
disrupt the residential ambiance of the Subject Property, or make it obvious that a business
is being conducted, such as by regular or frequent traffic in and out of the Subject Property
by persons making deliveries or pick-ups, by employees or other business associates, or
by customers or clients. Notwithstanding the foregoing provisions, every person, firm or
corporation purchasing a Lot in the Development recognizes that Developer, its agents or
designated assigns, have the right to (i) use Lots or houses erected thereon for sales offi-
ces, field construction offices, storage facilities, general business offices, and (ii) maintain
fluorescent lighted or spot lighted homes in the Development open to the public for
inspection seven (7) days per week for such hours as are deemed necessary. It is the
express intention of this paragraph that the rights granted Developer to maintain sales
offices, general business offices and homes shall not be restricted or limited to Developer's
sales activity relating to the Development, but shall benefit Developer in the construction,
development and sale of such other property and lots which Developer may own.
SECTION 6, Animals. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any Lot, except that cats, dogs, and other household pets may be kept
provided they are not kept, bred, or maintained for any commercial purposes or in any
manner or quantity which presents a nuisance to other Owners; provided further that no
person owning or in custody of a dog shall allow the dog to stray or go upon other Lots
without the consent of the Owner of such Lot. Each dog must be on a leash when the dog
is outside of the Owner's Lot.
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SECTION 7, Fences. Walls and Hedges. The design, materials, location and
placement of any fences, walls or hedges on a Lot shall be subject to advance written
approval by Developer or the ARC. Construction and maintenance of fences, walls and
hedges which exceed six (6) feet in height is prohibited. No chain link or stockade fences
shall be permitted. Fences shall only be made of iron, real clay, brick or of wood materials
and must be kept in good condition and repair, Any wood fencing shall be specifically
subject to stringent requirements to be determined by the ARC, All Lots adjacent to lakes
or conservation areas are discouraged from having walls or fences; if there are
circumstances where a yard needs to be enclosed for containment of children or animals,
a four (4) foot high open picket fence will be considered, but adjustment of the fence
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location may be necessary or appropriate to protect the adjacent Lot owner's view. No
fence, wall or hedge may be constructed or maintained between a front street line and the
front dwelling line. Fences, walls and hedges between a side street line and the side
dwelling line shall be governed and controlled by applicable local ordinances and laws.
Notwithstanding the foregoing, a decorative wall or entrance forward of the front dwelling
line or forward of a side dwelling line fronting a side street line shall be permitted if
constructed at the same time as the original dwelling on the Lot as part of the dwelling's
elevation or design approved by the ARC,
SECTION 8, Vehicles. No motor vehicle shall be parked in the Subject Property
except on a paved or concrete driveway or in a garage. Parking on lawns or landscaped
areas is prohibited. Parking of any motor vehicle of any kind on streets overnight is
prohibited. No motor vehicles which are primarily used for commercial purposes, other
than those present on business, nor any trailers, may be parked in the Subject Property
unless inside a garage and concealed from public view. Boats, boat trailers, campers,
motorhomes or recreational vehicles, buses, trucks, motorcycles, or disabled, inoperative
or unlicensed motor vehicles of any type shall be parked inside of garages or otherwise
fully concealed from public view; this restriction shall not apply to a pick-up truck for
personal use of an Owner to a maximum of 3/4 ton capacity.
SECTION 9, Outdoor Equipment. All garbage and trash containers, oil tanks,
bottled gas tanks, swimming pool and spa equipment and housing, sprinkler pumps and
other such outdoor equipment must be underground, or placed in areas not readily visible
from adjacent Lots or streets, or adequate landscaping must be used as screening around
any such facilities and maintained by the Owner.
SECTION 10, Clothes Hanging and Drying: Solar Panels and Skylights. No
outdoor clothes hanging or drying activities shall be allowed in the Subject Property. Solar
collectors, skylights, roof vents and other installations on the roofs of Living Units shall be
permitted only at locations approved in writing by the Developer or the ARC, and may be
required to be screened from view by landscaping or other suitable visible barrier.
SECTION 11, Antennas: Mail Boxes and Basketball Goals. No exterior radio,
TV, CB, or other electronic antennas, aerials or other devices shall be allowed on a Lot,
except if federal, state or local law expressly requires that any such device be allowed, in
which event the size and placement of any such device shall be subject to the reasonable
control and approval of the ARC. No satellite dishes shall be permitted on any Lot unless
the size and placement of any such satellite dish is authorized by the Developer or the
ARC. Developer or ARC approval of any such satellite dish shall be based upon a
determination that the satellite dish is small in size and placed at a location on the Lot as
inconspicuous as reasonably possible in order to minimize visibility of the satellite dish from
other Lots, If a mail box is situated on a Lot, it shall be maintained in a neat and attractive
manner, If the Developer or the ARC adopts a standard mailbox for the Development, then
no mailbox or similar receptacle shall be erected or installed on a Lot except the standard
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mailbox as required by Developer or the ARC, which shall be purchased and installed by
the Owner. No basketball goals, poles or structures shall be permitted on a Lot unless in
accordance with the following criteria. No goal, backboard, pole or other basketball
structure shall be affixed to the Living Unit or other structure on the Lot; any such
basketball structure shall be situated perpendicular to the adjacent street and shall be
located not closer than fifteen (15) feet from the street right-of-way line; any basketball
structure of any nature in the backyard must be approved by the Developer or the ARC.
SECTION 12, Landscaping Maintenance. A landscaping plan for each Lot must
be submitted to and approved by Developer or the ARC prior to the commencement of
construction of any Living Unit or the commencement of any other work on a Lot.
Shrubbery plantings shall be on all sides of each Living Unit and the initial size of new trees
and shrubs planted or placed at the time of construction of such dwellings shall be in
compliance with all requirements of Seminole County. The front, side and rear yards of
all Lots shall be fully sodded with St. Augustine grass immediately upon completion of a
Living Unit thereon. All Owners of Lots with completed Living Units thereon shall, as a
minimum, regularly mow, trim and otherwise maintain in good condition at all times all
grass and landscaping on the Lot. All lawns and landscaping shall be maintained on a
regular basis to preserve a neat and attractive appearance and such maintenance shall
include regular chemical treatment for insect and weed control. All landscaping shall be
regularly weeded and mulched and maintained to standards at least equivalent to the initial
landscaping package included on the Lot at the time of completion of the Living Unit on the
Lot. No lawn or landscaped area may be paved or concreted for the purpose of vehicular
parking, No gravel or rock shall be used as ground cover, except in minimal accent
landscaping areas.
SECTION 13, Maintenance of Livinq Units. Each Owner shall maintain the Living
Unit and improvements upon his Lot in good condition. In particular, the exterior of all
Living Units including, but not limited to, roofs, walls, windows, screening, fences, patio and
garden areas, pools and pool decks, and awnings, shall be maintained by the Owner in
good condition and repair and in a neat and attractive manner.
SECTION 14. Signs. Except as otherwise provided in this paragraph, for as long
as Developer remains the owner of any Lots within the Subject Property, no signs,
banners, billboards or advertisements of any nature whatsoever shall be erected or
displayed upon, or visible from, any Lot or Living Unit in the Subject Property other than
by Developer. Developer, its successors, agents or designated assigns, shall have the
right to maintain signs of any type and size and for any purpose in the Development. After
Developer has conveyed all portions of the Subject Property and no longer owns any Lots
within the Subject Property, the following provisions permitting one "For Sale" sign shall be
applicable to all Lots:
In order to accommodate a "For Sale" sign for a Lot or Living Unit, the Owner of a
Lot shall have the right to place upon his Lot one (1), but only one (1), professionally made
sign for the sale of the Lot or Living Unit. Developer or the ARC shall establish a uniform
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type or standard of the size, quality, material and content of any such sign, and any sign
to be placed by an Owner on his Lot shall be professionally made in accordance with the
requirements of Developerorthe ARC. These requirements shall be applicable to any real
estate broker involved in any manner in the sale of a Lot or Living Unit.
The foregoing provisions prohibiting signs shall not apply to signs within the Subject
Property or stickers on a Living Unit which are furnished by a commercial provider of
security and/or alarm services notifying persons that such security and/or alarm services
exist on premises for protection, Signs or stickers furnished by commercial providers of
security and/or alarm services for the purpose of notifying persons that such security
and/or alarm services exist on premises are permitted within the Subject Property, subject
to reasonable control and limitation by the Developer and/or the ARC based upon review
of the size, number and general appearance of any such signs or stickers,
SECTION 15, Leasing of Living Units, No Living Unit may be leased or rented
for a term shorter than thirty (30) consecutive days,
SECTION 16, Architectural Control. Prior to the commencement of the work
described therein, all building plans and specifications (including plot plan, elevations,
grading plan and material lists ) for the construction, alteration or addition of Living Units or
any structures, or for the erection of walls, hedges or fences, and all plans for the
landscaping of yards, and all plans or agreements relating to the appearance, colors and
materials to be used on the exterior of a structure, shall be approved in writing by
Developer or the ARC. The ARC shall be composed of three (3) or more representatives
which shall be appointed by the Board of Directors. The Developer or the ARC, as the
case may be, shall have the absolute right to approve or disapprove said plans for any
reason including aesthetic considerations. All plans must be sent to Developer by certified
or registered mail, return receipt requested, at such address as Developer may hereafter
from time to time designate in writing. Any plans not disapproved within thirty (30) days
after their receipt by Developer shall be deemed approved. The rights granted to
Developer under this paragraph may be assigned by Developer to the ARC,
SECTION 17. Developer Amendments, Modifications. Variances and
Exceptions. Notwithstanding any provisions of this Declaration to the contrary, Developer,
its successors and designated assigns, reserves the right and authority for a period of ten
(10) years from the date of recording of this Declaration to amend, modify, or to grant
exceptions or variances from any of the provisions of this Declaration, on a case by case
basis, without notice to or approval by the Members of the Association, provided that such
amendments, modifications, exceptions orvariances shall be substantially consistent with
the general uniform plan of residential development set forth in Article VI of this Decla-
ration.
ARTICLE VII
MISCELLANEOUS
SECTION 1, Term and Amendment. The terms, provisions, restrictions and
easements set forth or created in this Declaration shall run with the land, regardless of
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whether or not they are specifically mentioned in any deeds or instruments of conveyance
for any Lots in the Development subsequent to the execution hereof and shall be binding
on all parties and all persons claiming an interest in the Subject Property under such deeds
for a period of fifty (50) years from the date this Declaration is recorded, after which time
this Declaration shall automatically extend for successive periods of ten (10) years each,
unless prior to the commencement of any ten (10) year period an instrument in writing,
signed by a three-quarters (3/4) majority of the Owners of Lots in the Development, has
been recorded in the Public Records which said instrument rescinds this Declaration,
except as hereafter specifically provided. Subject to the provisions of Section 17, Article
VI, this Declaration may not be amended without the consent of at least a two-thirds (2/3)
vote of the Members as long as there is a Class B Member, and the Veterans
Administration and/or the Federal Housing Administration shall have a veto authority over
any such amendments as long as there is a Class 8 Member. No amendment of this
Declaration shall be effective which requires Developer to relinquish any rights reserved
to Developer under this Declaration.
SECTION 2, Fines and Enforcement. If any person, firm or corporation, or their
respective heirs, personal representative, successors or assigns, shall violate or attempt
to violate any provisions of this Declaration, it shall be the right of the Developer, and the
Association, or any other person or persons owning any Lot in the Development to
prosecute any proceeding at law or in equity against the person or persons violating or
attempting to violate any term or condition of this Declaration, whether such proceeding is
to prevent such persons from so doing or to recover damages. If such person is found in
the proceedings to be in violation of or attempting to violate any term or condition of this
Declaration, he shall bear all expenses of the litigation, including court costs and
reasonable attorneys' fees (including those incurred on appeal) incurred by the party
enforcing the term or condition of this Declaration. The Developer and the Association
(acting through its Board of Directors) each also shall have the full right and authority to
impose fines upon the Owner of any Lot who causes or permits any violations of any terms
or conditions of this Declaration; any and all such fines levied by the Developer or the
Association shall be secured by a lien, and shall be due, payable and enforceable in
accordance with the same provisions for any nonpayment of assessments as provided in
Article V of this Declaration. Developer shall not be obligated to enforce any term or
condition of this Declaration and shall not in any way or manner be held liable or
responsible for any violation of any term or condition of this Declaration by any person
other than itself. Failure by Developer or any other person or entity to enforce any term or
condition of this Declaration upon breach thereof, however long continued, shall in no
event be deemed a waiver of the right to do so thereafter with respect to such breach or
as to a similar breach occurring prior or subsequent thereto, Issuance of a building permit
or license, which may be in conflict with any term or condition of this Declaration, shall not
prevent Developer or any Owner in the Development from enforcing any term or condition
of this Declaration,
SECTION 4, Irreparable Harm. Every Owner agrees and acknowledges that a
violation of any term or condition of this Declaration by such Owner or its family members,
guests, invitees, licensees, tenants or servants constitutes irreparable harm to the
Developer and every other Owner in the Development and that any action at law or equity
to obtain an injunction against such violation shall require no further proof of irreparable
harm other than the admission herein contained.
19
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SECTIONS, Severability. Invalidation of anyone provision contained herein by
judgment or court order shall not affect any of the other provisions, which shall remain in
full force and effect.
SECTION 6. Governmental Authorities, All codes, rules and regulations of the
City or County in which the Subject Property is located and all other applicable
governmental authorities shall remain fully applicable to the Subject Property, and no
restrictions or provisions contained in this Declaration shall be applied or construed in any
manner to allow any violations of all such codes, rules and regulations of the governmental
authorities.
IN WITNESS WHEREOF, the undersigned corporation has caused these presents
to be executed in its name, under its corporate seal, by a duly authorized officer, and has
executed the same on this day of ,2003.
Signed, sealed and delivered
in the presence of:
TOUSA HOMES, INC. (f/k/a ENGLE
HOMES/ORLANDO, INC.), a Florida
corporation
By:
Print Name:
Name: Dan Roberts
Title: Division Vice President
Print Name:
Date:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
,2003, by Dan Roberts as Division Vice President of Tousa Homes, Inc.
(f/k/a Engle Homes/Orlando, Inc.), a Florida corporation. He
o is personally known to me, or
o has produced as identification,
Imprint Notary Public
Rubber Stamp Seal Below
Signature of Person Taking Acknowledgment
Notary Public
..------------------------------------------
F:\USERS\Kristy\Engle Homes\Barrington Estates\Engle.Dec v3.wpd
20
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ATTACHMENT B
Please See
Final Subdivision Plat
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MARYANNE HORSE
CLERK OF CIRCUIT COURT
SEMINOLE COUIITY, FL.
RECORDED & VERifiED
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332579 99.FES 16 PM 2: 28
ATTACHMENT C
ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
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THIS AGREEMENT is made and entered into this .)~ day o(.May, 1998, by
and between the City of Winter Springs, Florida (herein referred to as the "City") and
Battle Ridge Companies, Inc. (herein referred to as the "Owner").
W t I N E SSE I H:
WHEREAS, Owner owns property located in unincorporated Seminole County
on the east side of the State Road 417 (alkla "The GreeneWay") and north of State
Road 434 and has filed an Application for Annexation of Owner's property into the City
which land is described on Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, the City has encouraged Owner to annex into the City and
acknowledges the continuing permanent benefit which the City will receive by virtue of
annexing Owner's property and acquiring the right to provide municipal services to the
Property, and
WHEREAS, the City has determined that it is in the City's best interest to enter
into this Agreement to assure Owner of the future availability of adequate municipal
services, including sewer and water service, at such times and in such capacities as
. may be necessary to allow Owner to develop the Property as set forth herein, and
WHEREAS, Owner's plans for development of the Property as a high-quality,
residential development have been deemed by the City to be of substantial economic
benefit to the City and its citizens. Owner's plans further include creating a
conservation area for the benefit of preserving and protecting over two-thirds of the
Property in its natural state, which will be of substantial benefit to the City and its
citizens, and
WHEREAS, the City. has determined that it is feasible and in the City's best
interest to extend into Owner's Property other municipal services, such as police
protection, fire protection, sewer and water service, trash and garbage removal, street
and storm drainage maintenance, and
WHEREAS, in reasonable reliance upon the provision of water and sewer
service, municipal services, and other inducements to annex, Owner has filed said
Application for Annexation pursuant to 171.044, Florida Statutes, and
WHEREAS, Owner has filed an application with the City for a large scale
comprehensive plan amendment to change the Future land Use Map designation of
the developable portion of the Owner's property designated on the Seminole County
Future Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's
. Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling
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units per acre) and to change that portion of the Owner's property designated on the
Seminole County Future Land Use Map as "Conservation Overlay" to the City's Future
Land Use Map designation of "Conservation," and
WHEREAS, Owner has made an application to the City to rezone the
developable portion of Owner's property from Seminole County Zoning Map designation
A-1 "Agriculture" to the City's Zoning Map designation R-1A "One-Family Dwelling
District," and
WHEREAS, Owner is further willing to annex if the City agrees to cooperate in
the effort to amend its Comprehensive Plan Future Land Use Map to accommodate
and be consistent with the land uses permitted for residential uses as described herein
and otherwise do what is reasonably necessary to rezone the property pursuant to
these land uses, and
WHEREAS, the first reading of Ordinance 694 to annex the property was held on
January 12, 1998 and the second reading and public hearing of Ordinance 694 was
held on January 26, 1998, and
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WHEREAS, the first reading of Ordinance 695 to adopt the large scale
comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map .~
designation of the property was held on January 12, 1998 and the second reading and ~
public hearing of Ordinance 695 was held on January 26, 1998, and 5
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WHEREAS, the first reading of Ordinance 696 changing the Zoning Map g <::>
designation of the property was held on January 12, 1998 and the second reading and.:." N
public hearing of Ordinance 696 was held .on February 9, 1998, and r-
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WHEREAS, Owner and City believe that it is in the best interest of each party to
enable the Property to be developed substantially in accordance with the preliminary
development plan attached hereto as Exhibit "B" (the "Preliminary Development Plan")
and as further described herein, in accordance with Part II of Chapter 163, Florida
Statutes, the Local Government Comprehensive Planning and Land Development
Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of
Ordinances of the City, and
WHEREAS, City and Owner hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on
the City and Owner in accordance with their terms, and
WHEREAS, the agreement of the City to provide inducements as set forth in this
Agreement (including land use approvals) and be bound by this Agreement, as well as
the City's assurance to the Owner that this Agreement is enforceable against the City
. and that the City will not seek to thwart enforcement based on any claim of invalidity,
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are all material inducements to the Owner to enter into this Agreement, and the Owner
would not voluntarily annex into the City or enter into this Agreement but for such
agreement and assurances by the City, and
WHEREAS, Owner has already made and will continue to make financial
commitments and has paid and will continue to pay substantial sums of money in
contemplation of the rezoning and redesignation of land use to develop the Property,
and
Accordingly, in consideration of mutual benefits, the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
SECTION 1, RECITALS: EXHIBITS. The above recitations are true and
correct, are hereby incorporated herein by reference, and form a material part of this
Agreement. All exhibits to this Agreement are hereby deemed a part hereof,
SECTION 2, AUTHORITY. This Agreement is entered into under the authority
of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general
powers conferred upon municipalities by statute and otherwise (including Chapter 163
and 166, Florida Statutes). and the City's Charter,
SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT.
A. Owner filed with the City. on August 2, 1995, an Application for ~
Annexation of the Property. which is conditioned upon the adoption of this Agreement.;;
The City initiated the process to accomplish the annexation in accordance with law. ~
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B. Owner has filed with the City. on August 2. 1995. an Application for g
Comprehensive Plan Amendment in order to amend the City's Future Land Use Map tG,-,
include the Property and provide for a future land use designation for the Property of r-
Lower Density Residential. The City initiated the process to accomplish the
Comprehensive Plan Amendment in accordance with law,
SECTION 4, DEVELOPMENT OF THE PROPERTY.
A. The sizes, configurations and boundaries of the parcels and roadways
shown in the Preliminary Development Plan are for conceptual planning purposes only
and shall not bind Owner to develop the Property in strict conformity with the
Preliminary Development Plan. In the event of any conflict between the terms of this
Agreement and the Preliminary Development Plan, this Agreement shall control.
8. The classification labels and descriptions pertaining to the parcels and the
locations of the lake/conservation/retention areas shown in the Preliminary
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Development Plan are approximate. The exact location and configuration of said
lake/conservation/retention areas shall be subject to change pursuant to regulations of
the appropriate county, state and federal permitting agencies, The parties
acknowledge that portions of the lake/conservation/retention areas shown in the
Preliminary Development Plan may be identified as wetlands. Owner may use, develop
or set aside isolated or marginal wetlands provided that the same is in compliance with
all federal, state, county, water management district and other applicable local
regulations,
C. Following delineation of the jurisdictional wetland lines, the parties
acknowledge that the parcels in the Preliminary Development Plan are calculated in
gross developable acres and 'whendeveloped will include, as necessary, storm water
retention and detention areas, recreation and open space, streets as well as the
lake/conservation/retention areas shown in the Preliminary Development Plan.
.
D. As designated in the Preliminary Development Plan, the Property shall be
developed pursuant to the standards established for zoning categories consistent with
Lower Density Residential Land Use on the City's Future Land Use Map. The City will
support and approve a rezoning to R-1A One-Family Dwelling District allowing
residential use consistent with the Preliminary Development Plan, this Agreement, and
the City's Comprehensive Plan and the City's Land Development Code.
E. The parties acknowledge that the Preliminary Development Plan shall be
the basis for Owner's development of the Property, subject to such modifications as(/)
may be mutually agreed upon by the parties or are required by existing City ordinance~
The parties recognize that as the development process proceeds, it may be necessaryz
to amend the Preliminary Development Plan either: (i) as may be mutually agreed upOW
by the parties; or (ii) as permitted by Section 163,3233(2), Florida Statutes; or (iii) as ~
required by currently existing City ordinances. The City shall do what is necessary anct=>
within its power and authority to grant and allow development permits and approvals, ...,
including, without limitation, platting, for the orderly development of the Property in r
accordance with this Agreement.
F. Owner represents to the City that Owner shall establish a homeowners'
association to ultimately own and maintain the entranceway amenities and other
commonly owned amenities within the residential development on the Property.
G. Owner or its authorized representative shall submit to the City such
applications and other documentation and shall comply With such other procedures as
may be normally and customarily required by the City for comprehensive plan
amendments, rezoning, platting, site plans and other development approvals or permits.
Owner acknowledges and agrees that the City will not be responsible for any money
expended by Owner if the Comprehensive Plan Amendment is not approved by the
. State.
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H. Except as otherwise set forth herein, all development of the Property shall
be subject to compliance with current City ordinances, and with regulations of state,
local and federal agencies,
SECTION 5, PROPERTY OWNERSHIP. Owner acknowledges and represents
to the City that Owner is the owner of the Property and that Owner is empowered to
enter into this Agreement. Owner further represents that nothing in this Agreement is
barred or prohibited by any other agreement between Owner and any governmental
agency or any third party,
SECTION 6, PROVISION OF PUBLIC FACILITIES AND SERVICES.
.
A. The City represents that it has sufficient water capacity and pressure to
serve the Property, The City represents to Owner that the City has a ten (10) inch
water line located approximately 1,200 feet from the western boundary of the Property
at State Road 434 and that Owner has the right to connect to such water line. All lines
and connections necessary to provide water facilities and services shall be provided
from the City's water line to the Property by Owner. Owner shall, upon completion of
construction and installation of such water line, deliver to the City a statement setting
forth the cost of the construction and installation thereof. Subject to approval of FOOT,
the City represents to Owner that all necessary rights-of-way to allow installation of all
lines and connections necessary to provide water facilities and services from the City's
water line to the Property as aforesaid are available.
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Road 434 and that Owner has the right to connect to such sewer line. All lines and ("')
connections to provide sanitary sewer services shall be provided from the City's sewer ~
line to the Property by Owner. Owner shall, upon completion of construction and ~
installation of such sewer line, deliver to the City a statement setting forth the cost of
the construction and installation thereof. Subject to approval of FOOT, the City
represents to Owner that all necessary rights-of-way to allow installation of all lines and
connections necessary to provide sewer facilities a/')d services from the City's sewer
line to the Property as aforesaid are available. The City will take all steps necessary to
assure that sufficient capacity to serve the Property with sanitary sewer services shall
be available when needed for development by reserving for the Property sufficient
equivalent residential units ("ERU's") for the proposed project. The Owner shall be
required to pay annual guaranteed revenue charges for each ERU (Water and Waste
water Equivalent Residential Unit) beginning at the time of Florida Department of
Environmental Protection construction application, and continuing annually until
issuance of a construction certificate of project infrastructure by Florida Department of
Environmental Protection,
B. The City represents that it has sufficient sewer capacity to serve the
Property. The City represents to Owner that the City has a six (6) inch sewer line
located approximately 2,200 feet from the western boundary of the Property at State
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C. The City hereby agrees that Owner has the right to delay payment of
water and sewer connection fees until issuance of each building permit by the City for
construction of a single family residence on the Property. The City hereby represents
that the current service availability charge for sewer is $1.890.00 and the current
service availability charge for water is $560.00. The Owner shall be required to pay the
service availability change applicable at the time said fees are assessed on a parcel or
property,
D. The parties acknowledge and agree that it is not feasible to install
reclaimed water lines in this development; accordingly, the same shall not be required.
E. No septic tanks shall be allowed on the Property.
SECTION 7, CITY CONDITIONS OF APPROVAL.
It is hereby ORDERED AND RESOLVED by the City Commission of the City of
Winter Springs, Florida, that the property referred to as the BATTLE RIDGE
PROPERTY (hereinafter referred to as the "Property"), be annexed into the City,
designated on the Future Land Use Map and in the City's Comprehensive Plan as
"Lower Density Residential" and rezoned to R-1A subject to the following terms and
conditions:
A.
Comprehensive Plan Amendment/Effective Date.
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The effective date of this Agreement shall be the date on which the ~
Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the City~
This Agreement shall be recorded with the Recording Department of the ~
Clerk of Courts of Seminole County within ten (10) days after execution b~
the Mayor of the City. ~
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Development of the Property,
1. The Property shall be developed in accordance with
Comprehensive Plan Amendment (LG-CPA-1-95) which designates
the Property City Future Land Use Map "Lower Density
Residential" (1.1 to 3.5 Dwelling Units per acre). However, the
actual net developed density shall not exceed 2.56 units per acre.
2.
The property shall be developed as a residential community with
preservation of the wetlands portion of the Property in a non-
developed natural state. The uplands portion of the Property shall
be developed as a residential community in accordance with the
requirements in Chapter 20 Article III, Division 4, R-1A One Family
6
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Dwelling District, and Chapter 9 of the Land Development
Regulations, Winter Springs City Code.
C. Wetlands.
1. Any existing wetlands or other areas which are in the jurisdiction of
the Florida Department of Environmental Protection (FDEP), St.
Johns River Wat"er Management District (SJRWMD), or the U.S.
Army Corps of Engineers (ACOE) shall be subject to the applicable
rules and regulations of those respective agencies,
2. Following final wetlands boundary determination and platting, but
within one year of this Agreement, the Owner of the Property shall
convey, at no cost to the Grantee, the wetlands portion of the
Property to a responsible public or private non-profit environmental
agency reasonably acceptable to the City. Pursuant to City Code,
all wetlands shall be delineated according to FDEP, SJRWMD, and
ACOE jurisdictional lines.
3. To further protect the adjacent wetlands, Developer agrees to
. design its stormwater runoff and retention system for the uplands
developable portion of the project in accordance with Outstanding w
Florida Water (OFW) design criteria as established by Florida (J) U1 OJ,
Department of Environmental Protection and the St. Johns River O.
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Property will be developed in a manner to avoid any negative r
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impacts on any endangered plant or animal species, Further, no n <:::)
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construction shall be permitted within the one hundred (100) year N -u
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flood plain line as most recently established for this property. . I'-.) C>
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D. Fire and Police Public Safety Facilities Impact Fees.
Applicants for building permits within the Property shall comply with the
City Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
E. Transportation.
1. Applicants for building permits within the Property shall comply with
the City Road Impact Fee Ordinance, as it may from time to time
be amended, imposing impacts fees for transportation
. improvements.
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2. The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Developer.
3. The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code on the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434.
provided these improvements are allowed by Florida Department of
Transportation.
4. The Owner will design its internal road network to preclude
connection to adjacent properties to the east. To further assure
that the road system is not connected to future developments to
the east, Developer will dedicate on the plat or by separate
recorded instrument ten feet of property on the east property line of
Owner's developable property to the project's homeowner's
association as a preserve area. The only improvements which
shall be allowed in said preserve area are those necessary to
effectuate any type of natural scenic trail, as expressly authorized
by Owner.
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The Owner or Developer of the Property shall install a six (6) foot masone
wall on that portion of the Property separating any actual residential unit$;:
from proposed commercial properties along the north side of State Roadn <::)
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Building Restrictions.
The building restrictions shall be those found in the R-1A Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. Residential Areas:
a.
Minimum lot size of residential sites within the Property shall
be eight thousand (8,000) square feet with a minimum lot
width of seventy five (75) feet measured at the front building
line. The maximum number of lots shall be one hundred
and ten (110).
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b. Building setbacks shall be:
Front: 25 feet
Side: 7.5 feet
Rear: 25 feet
Corner lots: On corner lots, the front line setback of twenty-
five (25) feet or more must be maintained, but
a fifteen (15) foot sideline setback will be
permitted on the street sideline, provided the
corner lot faces the same way as all other lots
in the block. If the building faces the long
dimension of the lot or where corner lots face a
different thoroughfare than other lots in the
block, the twenty-five (25) foot or greater
setback must be maintained from both' W
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d. Building height.
No building or structure shall exceed thirty-five (35) feet in
height.
e. Residential floor area.
The minimum heated/air conditioned floor areas shall be
1,800 square feet.
2. Non-residential Area.
a.
The non-residential area of the Property shall comprise the
wetland areas following final boundary determination and
platting, it is the intent of the Owner of the Property that no
development occur within the wetland areas,
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Following final boundary determination and platting, aU
wetlands shall be delineated according to FDEP, SJRWMD(n
and ACOE. Wetlands shall mean those areas established ITl
as jurisdictional by these agencies. ~
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3.
Open space,
All areas lying outside primary and accessory buildings will be "'T1 .
counted toward open space requirements, including entrancewayS:-
stormwater management areas, yards, lot landscaped areas, and
easements.
4,
Development plans.
a. For the duration of this agreement, except as otherwise
provided for herein, all development plans and standards
shall meet the regulations and policies of the City in effect at
the time of execution of this Agreement.
b.
Where there may be a conflict between this Agreement and
the City development regulations, this Agreement shall
prevail.
c. Developer acknowledges its obligation to develop/construct
all improvements on said property in accordance with all
applicable City codes modified pursuant to State of Florida
Statute 163.3233 and Federal laws as they may from time to
time be amended unless specifically modified herein.
d. Parks and recreation.
No on-site park or recreation facilities will be required of this
development. The developer is required to pay a fee-in-Iieu
per Policy 1 of Objective E in the Open Space and
Recreation Element of the City's Comprehensive Plan,
The fee-in-lieu will be established by the Parks and
Recreation Director,
e. Water and Sewer.
I.
The City shall provide potable water service to the
Property. The Owner or Developer will pay for the
extension of trunk lines to the buildable portion of the
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Property and pay other customary costs necessary or
required in connection with such service.
ii. The sizing of the trunk line shall be sufficient only to
provide water service to the buildable portion of the
Property and to no other surrounding properties.
III. The City shall provide central sanitary sewer
collection and treatment service to the Property. The
Owner or Developer will pay for the extension of trunk
lines to the buildable portion of the Property and pay
other customary costs necessary or required in
connection with such service.
IV.
The sizing of the trunk line shall be sufficient only to ~
provide central sanitary sewer collection service to :r
the buildable portion of the Property and to no other 5
surrounding properties. ~
5,
Homeowners Association.
.
A mandatory homeowners association will be formed to provide a
responsible entity to maintain all common areas.
6. The Developer shall make a good faith effort to have the retail
value of the completed homes and lots to be in the $180,000 and
higher price range,
H. The Developer shall make a good faith effort to have the Florida Audubon
Society designate this project as environmentally responsible.
I. The Developer shall conduct a grid archeological survey of the
developable site prior to commencing construction of the subdivision
improvements.
J. To ensure continuation of the Cross Seminole/Florida National Scenic
Trail, the Developer shall coordinate with Seminole' County during the
subdivision platting process to explore opportunities that might exist to
extend the trail through the Property, including extension through the ten
(10) foot preserve area required in section 7, part E, paragraph 4 of this
Agreement.
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SECTION 8, PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE,
A. This Agreement shall take effect upon City Commission approval of the
Comprehensive Plan Amendment (LG-CPA-1-95) and shall remain in
. effect for a period of ten (10) years from the date of execution.
B. This Development Agreement shall be binding upon all successors in
interest to the parties of the Agreement.
C. The effective date this Agreement may be extended upon request of the
Owner or Developer and City Commission approval.
SECTION 9, lAND USE ZONING AND DEVELOPMENT REGULATION
APPROVALS, The development of the project must comply with the conditions of the
Agreement. In the event a development requirement, permit, condition, term or .
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, subdivision regulations, and other applicable land development
codes in effect as of the adoption of this Agreement.
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SECTION 10, CONSISTENCY, The City finds this Agreement and its terms a~
conditions consistent with the City's Comprehensive Plan. C")
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SECTION 11, REMEDIES, The developer agrees that the only remedy for the~
Owner in the event the Owner asserts the City has breached this agreement is an
action for injunctive relief iri the Circuit Court of Seminole County, Florida, Owner shall
have no right to monetary damages or attorney's fees in the event the City breached
this agreement.
SECTION 12, DUE DILIGENCE. The City and Owner further covenant that they
shall immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and shall diligently pursue the same throughout the existence of this
Agreement.
SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that
Owner may engage one or more developers or builders (hereinafter referred to as
"Developer"), other than Owner, to effect the development of the Property, including the
sale of all or portions of the Property to such developers or builders. Upon recordation
of this Agreement in the Public Records of Seminole County, Florida, as hereafter
provided, successor builders or developers shall be bound by the terms hereof.
SECTION 14, MISCEllANEOUS.
A. Entire Agreement. This Agreement sets forth all of the covenants,
agreements and conditions between the parties hereto, and supersedes all prior and
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contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained,
B. Pronouns, All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine and neuter, singular or plural, as the identity of the
party or parties, successors or assigns may require.
C. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
D. Governing Law, This Agreement shall be construed in accordance with
the laws of the State of Florida,
E. Severability, If one or more provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein,
F. Contraction.. In the event the City fails to adopt an amendment to the
Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map
designating the Property as described herein or the City fails to implement any of the
conditions set forth herein, Owner shall have the right to deliver a notice to the City
requesting a deannexation and contraction of the Property which the City shall have the
absolute obligation to implement.
G. Notice. Any notice to be given in accordance with this Agreement shall
be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return ~
receipt requested, to the party being noticed at the following addresses: ~
. 2
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AS TO CllY:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
A TIN: City Manager
COPY TO:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
ATIN: City Clerk
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Carl rriashlmrn, rre:5ident
Battle Ridge Companies, Inc.
1000 River East Drive
Belle, West Virginia 25015
As TO OWNER:
COpy TO:
Frederick W, Leonhardt, Esq.
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32802-3068
SECTION 15, DEVELOPMENT RIGHTS. Owner shall have the right to use and
develop the Property as described in this Agreement. Furthermore, Owner does not
waive any right to use or develop the Property arising under the common law or the
laws of the State of Florida.
This agreement is subject to provisions of Florida Statute 163.3235, and 163,3241
providing for periodic review, and modification or revocation of a development
agreement to comply with subsequently enacted state and federal law. The
Development Agreement is also subject to Florida Statute 163.3233 regarding the local
laws and policies governing a development agreement.
. '1;' -..----'".~( _r
ADOPTED by the City of Winter Springs this,-I(.?' dai<iMay, 1998.
IN WITNESS WHEREOF, the Owner and the City have executed this Agreement
as of the day and year approved by the City, ~
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BATTLE RIDGE COMPANIES, INC. rn
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eith Hartman
Senior Vice President
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STATE OF ~S..J- V;--r--8,-n,"o,-
COUNTY O~U-J,CL
'fA Febn.w Of
9. Th~egoing instrr;;ent was acknowledged before me this ~ day o~ .J
1997' by' K. LpIJJ, ]rjlYlan who is personally known to me or produced
as identification.
OFFICIAl SEAL
NOTARY PUBLIC
STATE OF WEST VIRGINIA
JUDY A. BROWNLOW
61 DUNBAR AVENUE
DUNBAR, VW 25064
My Commission Expires Feb. ", 2006
AFFIX NOTARY STAMP
f Notary Public
, h~;;:iK 'f?mL0n!O/AJ
(Print N tary Name)
My Commission Expires: ,;;)-11 -;;Ja:B
Commission No.:
~ Personally known, or
o Produced Identification
Type of Identification Produced
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~CLERK "
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CITY ~INGS' FLORI~
PAUL P. P RTYKA, MA'ft R ~
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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1 Thn fO~egOi~. strum~en was a~ f re me this II day of ~y,
199~. bY~~__U I erso a y nown to m or produced
( as identification. . ~_
~otiJP b c, LIYlcL,
."''h' Mary Tlynch J L
*1f*MvCommlsaloncc774136 n(2 --r, . /J 1/1
,..,,~ExpiresSeptember1o.2oo2 n J . N"-.--
Print Notary Name) d--
My Commission Expires: t5J. 90
AFFIX NOTARY STAMP Commission No.: /3 C(J
~ Personally known, or
o Produced Identification
Type of Identification Produced
r:\USR\OKELLY\OEV7,AGT
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~bbWiAL REC~:8~ - . . :'"
8/116/1 ~/~593 0232
SEMINOLE. CO. FL
.
LAND DESCRIPTION:
A PARCEL OF LAND LYING IN SECnON 4, TOWNSHIP 21 soum. RANGE 31 EAST, SEMINOLE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGIN AT lliE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
SEMINOLE COUNTY. FLORIDA; lliENCE RUN SOUlli 88040'53" WEST, ALONG THE NORTH LINE
OF SAID SEcnON 4, A DISTANCE OF 5407.95' FEET: THENCE LEAVING SAID NORTH LINE RUN
soum 00017'58" EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON lliE' NORTHEASrERL Y
RIGHT-OF-WAY LINE OF THE EASTERN BELTWAY; mENCE, ALONG lliE SAID NORTHEASTERLY
RIGHT-OF-WAY UNE THE FOLLOWING FIVE (5) COURSES: RUN SOUTH 2€"()8'~5" EASTo A
DISTANCE Of 173.24 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 5649.58 FEET AND A CHORD BEARING OF soon.; 28.,7'35" EAST; THENCE RUN
SOUlliEASTERLY ALONG TI-fE ARC or SAID CURVE THROUGH A CENTRAL ANGlE OF
04'17'40" FOR AN ARC DISTANCE 423.45 FEET TO A POINT; mENeE, LEAVING SAID CURVE
RUN soum 30"26'25." EAST, A DISTANCE OF 95.07 FEE To TO A POINT erN A CURVE CONCAVE
SOUfi-fWESTERLY HAVING A RADIUS OF 7737.43 FEET AND A CHORD BEARING OF SOUTH
29.53.21" EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC or SAID CURVE THROUCH
A CENTRAL ANGlE OF 03'22')4" FOR AN ARC DISTANCE or 455.94 FEET, fO THE POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 774J.44
FEET AND A CHORD BEARING or SOUTH 25.'8'27"'EAST; lliENGE.RUN .SOUTHEASTERLY
. ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL' ANGLE or 03'3r~40'" FOR AN ARC
DISTANCE OF 476.79 FEET TO A POINT; THENCE, LEAVING SAID CUR-VE AND SAID
NORTHEASTERLY RIGHT-Or-WAY, RUN NORTH 89051'53'" EAST, A DISTANGE OF- 606.29 rEET;
n-fENCE RUN SOUTH 00"7'44'" EAST, A DISTANCE OF 25.00 FEET. TO A POINT, ON' THE SOUTH
LINE OF THE NORTH J/2 OF SAID SEcnON 4: THENCE RUN NORTH 89'5.053" EAST, 'ALONG
SAID soum LINE, A OlSTANCE OF 3070.77 FEET, TO A POINT ON THE WEST UNE OF THE EAST
1/2 OF THE NORlHWEST 1/4 or THE NORTHEAST 1/4 or lliE SOUlliEAST 1/4 OF SAID SECTION
4; THENCE RUN SOUTH 00"07'42'" WEST, ALONG THE SAID WEST UNE.A DISTANCE OF 648.41
FEET, TO A POINT ON THE NORlliERLY RIGHT-Or-WAY LINE OF STATE ROAD :434; THENCE RUN
soum 89'38050" EASTo ALONG SAfONORTH RIGHT-OF-WAY LINE, A DISTANCE-OF 331,84
FEET, TO A POINT ON THE EAST LINE OF T/:IE NORTl;WEST 1/4 OF' THE NORTHEAST 1/4 OF. THE
SOUTHEAST 1/4. OF' SAID SECTION 4; lliENCE, LEAVING SAID NORTH RIGfH...,.OF~WAY LINE, RUN
NORTH 00'02.02" WEST~ ALO~G SAID .EAST LINE. ,A DISTANCE OF 319,03 fEET, TO A" PO/NT
ON THE SOUlli UNE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF' THE NORll-fEAST 1/4 OF
mE SOUTHEAST 1/4 OF SAID SEcnON 4; THENCE RUN NORTH 89.50'13" EASTo oALONG SAID
SOUTH LINE. A'DISTANCE OF' 661.88 FEE To TO A POINT ON THE' EAST LINE OF THE NORTHEAST
1/4 or THE NORTHEASTJ/4 OF THE SOUTliEAST 1/4 OF SAID SECnON 4; THENC( RUN NORTH
00'2"31" WEST. ALONG THE SAID. EAST LINE, A DISTANCE or 306.88 FEET; THENCE, LEAVING
SAID EAST LINE, RUN SOUTH 89"51'53" WEST, A DISTANCE or 25,00 FEET; THENCE RUN NORTH
00'21'31'" WEST, A DISTANCE OF 25.00 FEET, (0 A POINT ON 'THE SOUTH LINE OF THE NOR TH
1/2 OF SAID SECTION 4; THENCE RUN NORTH -89051'5J'" EAST, ALONG SAID SOUTH LINE, A
OlSTANCE OF 25.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NORTH
00'29'51" WEST, ALONG THE EAST- LINE or THE NOR iHEAST 1/4 or SAle SEcnON 4, A
O/S r ANCE OF 247 J. 71 FEE T TO niE paIN T OF BEGINNING,
.SAID LANDS L VlNG IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 296.97 ACRES MORE OR
LESS,
.~
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
(407) 425-9596 FAX
ATTACHMENT'D III 0"'11 111111111111111111111.. OUIIIIIIIIIIII..'
, MARYANNE MORSE, ClERK OF CIRCUIT COURT
SEMINOlE COUNTY
BK 04452 PG 0671
CLERK~S # 2002904002
RECORDED 07/03/2002 12144116 PM
RECORDING FEES 15.00
RECORDED BY M Nold.n
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FffiST ADDENDUM TO
ANNEXA TION AND PRE-DEVELOPMENT AGREEMENT
--A June. Zc;oz.. ()-/
This First Addendum is made and entered into this 2.5' day of O~tobe;' 200-1, by and
between the undersigned parties, as follows:
WITNESSETH:
WHEREAS, the City of Winter Springs and the Battle Ridge Companies, Inc. previously
entered into that certain Annexation and Pre-Development Agreement, dated January 26, 1998, to
build a high-quality single-family residential development with municipal services ("Agreement"); and
WHEREAS, Engle Homes/Orlando, Inc" a Florida corporation, is the successor in interest
to the Battle Ridge Companies, Inc. ("Owner"); and
. WHEREAS, because of events beyond the control of the City and Owner, the obligations
under Section 7(C)(2) of the Agreement were delayed beyond the one year time requirement stated
therein; and
WHEREAS, the City and Owner desire to modify the Agreement to extend the one year time
requirement and make additional modifications to the Agreement as stated hereunder.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good and
valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, the parties
desire to be legally bound and agree as follows:
~
1.0. Section 7(C)(2) of the Agreement is amended to read as follows (strikeout words are
deletions and underlined words are additions to the original text):
Following final wetlands boundary determination and platting, but "",ithil1 Oile
yC,dl of this Agreelllent, the Owner of the Property shall convey, at no cost to the
Grantee, prior to or concurrently with the recording of the final subdivision plat. the
wetlands portion of the Property to a responsible public or private non-profit
environmental agency reasonably acceptable to the City. Pursuant to City Code, all
wetlands shall be delineated according to FDEP, SJRWMD, and ACOE jurisdictional
lines.
.
" .
FILE NUM 2002904002
OR BOOK 04452 PAGE 0672
. l ~...r. '! ...
2.0. Section 7(G)(4)(e) of the Agreement is amended to read as follows (stlikeout words
. are deletions and underlined words are additions to the original text):
e. Water and Sewer.
1. The City shall provide potable water service to the Property. The Owner or
Developer will pay for the extension of trunk lines to the buildable portion of
the Property and pay other customary costs necessary or required in
connection with such service.
11. The sizing onlle tl unk line shall be sufficiellt only to plO\<ide water sel vice to
the buildable POrtiOl1 of tIle PlOpeltj and to no otllel sultounding properties.
m 11. The City shall provide central sanitary sewer collection and treatment service
to the Property. The Owner or Developer will pay for the extension of trunk
lines to the buildable portion of the Property and pay other customary costs
necessary or required in connection with such service.
!!L
The City may require the Owner or Developer to oversize the sewer and
water trunk lines to service other properties. The City a?rees. however. that
Owner or Developer shall not be responsible for paying the cost for water and
sewer trunk lines beyond that required to provide adequate capacity to service
the Property. The City shall be responsible for paying the cost related to
oversizing said trunk lines.
.
1 v. The siLoing of the tl ul1k lillC sllall be sufficiellt ohly to pi 0 v ide central sanitary
SeINel collection senice to the buildable portioli of tile PlOperty and to no
othcl sun oUlldihg pi operties.
3,0. All other provisions contained in the Agreement which are not amended by this First
Addendum shall remain unchanged and shall continue to be in full force and effect.
.:...
4.0 This First Addendum shall be recorded in the Public Records of Seminole County and
shall be a binding obligation on the Property and shall run with the land.
.
2
"\,' . '.
FILE NUM 2002904002
OR BOOK 04452 PAGE 0673
.
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.
WITNESSES:
>>~(J ~~
Print Name: t?th7/~ I t ;:J k~
~.
Print NamUar~ql"tV ~j/e...(
ENGLE HOMES/ORLANDO, INC,:
STATE OF FLORIDA
COUNTY OF SEMINOLE
.
Subscribed and sworn to before me, the undersigned Notary Public, this ZS-- day of
JI./n.e , 2002, by John Kraynick'Xh 'ce President of Engle Homes/Orlando, Inc., a FIorid~
corporation, Owner, who is personally known, or _ has produced
. as ide ification. ~
.<1!!i.>" ""oo 'to" ~ ....:>
~:rA'~MYCOMMISSION# 00111636 EXPIRES Notary Pubhc
~..~.~.o May 3, 2006
'"-'!,?;P.f..i\-<r,;~ IlONOfO THI1U TROY FAIN INSURANa. INC
ATTEST:
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NZO-LUACES,
,/
~ STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this 21 ti1 day of
(Iii tJ e ,2002, by Paul P. Partyka, Mayor, who is personally known.
--------
,
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Nota ublic
.
m"'!<<. ELIZABETH 01 CONSIGLIO
.' ~~ Notary Public - Sate of F100da
!. .; My CanmiIaicn EJPtlI Oct 24, 2005
~~A Commlulon' 000670417
-.,,~ Bonded By National Notary Aun.
3
--
ATTACHMENT E
.
May 20, 2003
TO: Current Planning Coordinator
John Baker
FROM: Engineering Inspector
Zynka P. Perez
SUBJECT: Barrine:ton Estates - Performance Bond
.
I have received the engineer's certification of cost of construction for Barrington
Estates Development. The certified cost of construction of the improvements is
$116,421.97.
I have reviewed the certified cost and recommend the amount $116,421,97 to be
used in the performance bond,
If you have any questions, please let me know.
cc: Public WorkslUtility Director
Dan Roberts, Engle Homes
--
...,.
SHEET 1 OF 4
Barrington Esta tes
A PORnON OF SEcnON 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
N
DESCRIPnON:
BEGINNING A T THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, RUN SOUTH 00'
29'58" EAST ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 2473.42 FEET TO THE EAST J4 CORNER
OF SAID SECTION 4; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89'5' '53" WEST, ALONG THE SOUTH LINE
OF THE NORTH ~ OF SAID SECTION 4, A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN
SOUTH 00'21'31" EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89'51'53" EAST, A DISTANCE OF 25,00 FEET
TO A POINT ON EAST LINE OF THE SOUTHEAST 14 OF SAID SECTION 4; THENCE SOUTH 00'21'31" EAST, ALONG
SAID EAST LINE, A DISTANCE OF 306.84 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 14 OF THE NORTHEAST 14 OF THE SOUTHEAST 14 OF THE SAID SECTION 4; THENCE DEPARTING SAID
EAST LINE RUN SOUTH 89'50'13" WEST, ALONG SAID SOUTH LINE. A DISTANCE OF 661.88 FEET TO A POINT ON
THE EAST LINE OF THE EAST ~ OF THE NORTHWEST 14 OF THE NORTHEAST 14 OF THE SOUTHEAST 14 OF SAID
SECTION 4; THENCE SOUTH 00'02'02" EAST, ALONG SAID EAST LINE, A DISTANCE OF 319.51 FEET TO A POINT
ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS PER DEPARTMENT OF TRANSPORTATION MAP
SECTION 77070. PAGES 15-19. DATED MARCH 16,1989; THENCE NORTH 89'38'30" WEST, ALONG SAID NORTH
RIGHT-OF-WA Y LINE, A DISTANCE OF 331.84 FEET TO A POINT ON THE WEST LINE OF THE EAST ~ OF THE
NORTHWEST 14 OF THE NORTHEAST 14 OF THE SOUTHEAST 14 OF SAID SECTION 4; THENCE DEPARTING SAID
NORTH RIGHT-OF-WAY LINE RUN NORTH 00'07'42" EAST, ALONG SAID WEST LINE, A DISTANCE OF 648.86 FEET
TO A POINT ON THE AFOREMENTIONED SOUTH LINE OF THE NORTH ~ OF SAID SECTION 4; THENCE SOUTH 89'
51'53" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 269.67 FEET; THENCE DEPARTING SAID SOUTH LINE RUN
NORTH 00'08'07" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 36'36'08" WEST, A DISTANCE OF 148.00
FEET; THENCE NORTH 10'03'05" EAST, A DISTANCE OF 152,54 FEET; THENCE NORTH 56'27'33" EAST, A
DISTANCE OF 122,30 FEET; THENCE SOUTH 89'55'08" EAST, A DISTANCE OF 242.68 FEET; THENCE NORTH
00'04'52" EAST, A DISTANCE OF 131.56 FEET; THENCE NORTH 89'55'08" WEST, A DISTANCE OF 10.00
FEET; THENCE NORTH 40'24'30" WEST, A DISTANCE OF 72.55 FEET; THENCE NORTH 10'24'05" WEST, A DISTANCE
OF 52.82 FEET; THENCE NORTH 23'40'39" EAST, A DISTANCE OF 46,00 FEET; THENCE NORTH 48'48'56" EAST, A
DISTANCE OF 238.46 FEET; THENCE NORTH 48'15'41" EAST, A DISTANCE OF 155,01 FEET; THENCE NORTH
49'54'51" EAST, A DISTANCE OF 78,20 FEET; THENCE NORTH 45'42'43" EAST, A DISTANCE OF 67.15 FEET;
THENCE NORTH 47'00'55" EAST, A DISTANCE OF 185.70 FEET; THENCE NORTH 2670'25" EAST, A DISTANCE OF
140.00 FEET; THENCE SOUTH 63'49'35" EAST, A DISTANCE OF 84.00 FEET; THENCE SOUTH 00'29'51" EAST, A
DISTANCE OF 43.91 FEET; THENCE NORTH 89'30'09" EAST, A DISTANCE OF 69. '2 FEET; THENCE NORTH 00'29'51"
WEST, A DISTANCE OF 50.00 FEET,' THENCE NORTH 89'30'09" EAST, A DISTANCE OF 40.00 FEET; THENCE NORTH
00'29'51" WEST, A DISTANCE OF 266.19 FEET; THENCE SOUTH 89'30'09" WEST, A DISTANCE OF 71.26 FEET;
THENCE NORTH 49'59'15" weST, A DISTANCE OF 125.28 FEET; THENCE NORTH 29'31'36" WEST, A DISTANCE OF
73.57 FEET; THENCE NORTH 7277'44" WEST, A DISTANCE OF 93.09 FrET; THENCE NORTH 8710'19" WEST, A
DISTANCE OF 114.90 FEET; THENCE NORTH 2076'25" WEST, A DISTANCE OF 37.86 FEET; THENCE NORTH
23'33'50" EAST, A DISTANCE OF 60,29 FEET; THENCE SOUTH 67'59'00" EAST, A DISTANCE OF 43,28 FEET,'
THENCE NORTH 63'34'58" EAST, A DISTANCE OF 80.45 FEET; THENCE NORTH 5677'02" EAST, A DISTANCE OF
141.54 FEET; THENCE SOUTH 84'21'37" EAST, A DISTANCE OF 125.26 FEET; THENCE NORTH 59'50'17" EAST, A
DISTANCE OF 129.11 FEET; THENCE NORTH 00'48'38" WEST, A DISTANcr OF 97.14 FEET; THENCE NORTH 02'26'00"
WEST, A DISTANCE OF 473.21 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION
4; THENCE RUN NORTH 88'41'05" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 171.55 FEET TO A POINT OF
BEGINNING.
CONTAINING 43.995 ACRES MORE OR LESS.
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KEY MAP
NOT TO SCALE
WINTER
SPRINGS
SITE
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OVIEDO
VICINITY MAP
NO T TO SCALE
NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDlnONAL RESTRICTIONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
I AMERICAN SURVEYING & MAPPINGt
320 EAST SOUTH SlREET, SUITE 180 · ORLANDO. FlORIDA 32801
(407) 426-7979
PLAT
BOOK
PAGE
;4
DEDICA nON
This is to certify that the undersigned, Tousa Homes, INC" a Florida
Corporation F /K/A Engle Homes/Orlando. INC. hereinafter referred to
os "Lawful Owner" Is the lawful owner of the lands described in the
caption therein and that it has caused the lands described hereon
to be surveyed and this plot. entitled Barrington Estates, Is hereby
adopted os 0 true and correct plat of said lands.' All of the streets
and easements shown on this plot are not required for public use
and such streets and easements are not and will not be a port of
the City of Winter Springs system of public roods, unless otherwise
noted, Provided however, the utility easement shawn hereon as well
as a perpetual non-exclusive utility. drainage and access easement
over and under all of the private streets shown hereon and hereby
dedicated to City of Winter Springs. Florida, however. dedication of
said easements sholl not be construed as creating an obligation
upon- City of Winter Springs to perform construction or maintenance
within such dedicated areas, and said streets and easements shall
remain private and the sold and exclusive property of the Lawful
Owner. and it does hereby grant to the present and future owners
of adjacent lands and their guest, invitees and domestic help, and
to delivery. pickup and fire protection services. pollee and other
authorities of the United States postal services moil carriers,
representatives of utilities authorized by the Lawful Owner, to serve
the land shown on this plot. holders of mortgage liens on such
lands and such other persons os the Lawful Owner from time to
time may designate. the non-exclusive and perpetual right of ingress
and egress and across said streets and easements, Regardless of
the preceding provisions, the Lawful Owner reserves the unrestricted
and absolute right to deny the right of ingress to any person who,
in the opinion of the Lawful Owner. may create or participate in a
disturbance or a nuisance on any port of the land shown on this
plot.
IN WITNESS WHEREOF, Tousa Homes, INC., a Florida Corporation
F /K/A Engle Homes/Orlando, Inc.., have caused these presents to
be signed and attested to or witnessed by the officee, '1.arppd below
and itl,corp'orate seal to be affixed hereto on this...,~..m, day
Of.....~fl!1:y......... 2003
SIgned and. _~ m 'he .n....."" at /}
Sign Nam ~"",,"""""J"~? BY: ~A
Printed ~~ ~/$N~"" Name: Daniel L. R06erts
TItle: Division Vice President
Sign Nome: f!p,1I.L......---.
Printed Nome: c.r,~~,,,.
STATE OF Florida f]UNYc:i3 Seminole
THIS IS TO CERTIFY. That on 20 ...before me, an officer duly
authorized to take acknowledgments In the State and COUn~r88Qid....
a peared Ooniel L. Roberts. Division Vice Preside~sono.!!i)
known to me nd did not take on oath that he is the person described
In an w 0 executed the foregoing Dedication and acknowledged the
execution thereof to be his free act anddeed for the uses and purposes
therein expressed.
IN ~~TNESS WHEREOF, I have hereunto set n:'.Y ha~~ se~IJron the
a~bove dob,,~ tJ4~ ~~~~CC832tf2
r-J . "1i:.::.' ExpIrwAprH 30 2004
; mission Number
Notary Public
Printed "'J-v......., III dkll\ My Com~lssion ~ / "-'-^/ aU
Name: ~ GVY' Expires: -::1/-~1- L
CERTIFICA TE OF SURVEYOR
I hereby certify that this plot is 0 true and correct
representation of the lands surveyed. that the survey was
under my responsible direction and supervisl~"". ond ths survey
data contained herein complies with all of the requlrements-pf
Chapter 177 of the Florida Statutes. I further certify that I "
have com~lied with the requirements of.'ChQ,pter 177.091 (7) .
regarding permanent reference monuments, and that the land
is located in Seminole Cou y, Florida.
Professional Surveyor an er No. 5011
Signature /~. . _ 6-20.03'
BRETT A. MOSC VlT Date
REGISTRA TlON NUMBER OF LEGAL E TlTY: 6393
AMERICAN SURVEYING & MAPPING, I .
320 EAST SOUTH STREET. SUITE 180,
ORLANDO. FLORIDA 32801
CERTIFICA TE SURVEYOR REPRESENTING CITY
I HAVE REVIEWED THIS PLAT AND FIND IT TO BE IN
CONFORMITY WITH CHAPTER 177.08(1) FLORIDA STATUTES,
By:
Date:
Printed Name:
Florida Registration Number
CERTIFICATE OF APPROVAL BY MUNICIPALITY
THIS IS TO CERTIFY, That on ...............................................................the
foregoing plot was approved by the Winter Springs City Commission
of Seminole County, Florida,
.....,.. ........ .....,.. ",.", 'Mayor"'.' ..,... .., ..... ..."... ...
Attest:
.......................................................................
City Clerk
CERTIFICA TE OF APPROVAL
CLERK OF THE CIRCUIT COURT
I HEREBY CERTIFY. that I hove examined the foregoing plat
and find that it complies with all the requirements of Chapter
177. Florida Statutes and was filed for Record on
This _ . . . . . . . . . . _ day of _ . . . . . . . . . . tile No. _ , . . . . . . . . . _
CLERK of the CIRCUIT COURT, Seminole County, FloitECEi~~ ,..0
BY: _. . . . . . . . . . . . . . . . . . . , . . _ D.C.
CITY OF WINTER S.PRINGS
Current Planmng
SHEET 2 OF 4
PLAT
BOOK
Barrington Esta tes
A PORTION OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
PAGE
POINT OF
BEGINNING
NORTHEAST CORNER
SEC 4-2'-J1
REC, ,- IR NO I
CCR I 0028289
NOT PLA TTED
N88041'~.f
171.55'
4 N88',4-1'05-E 2703,89'
~ - - - - - - - - - ~NORTH LlN;- ;- THE -; 1/4~S~. ~-;;--.;; - - - - -47
NORTH 1/4 CORNER
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TRACT 'c'
STORMWA TER RETENTION
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" BEARINGS ARE BASED ON THE EAST LINE Of THE NORTHEAST 1/4
OF SEcnON 4-21-J' AS BEING SOUTH 00'29'58- EAST (ASSUMED),
2. IN ACCORDANCE WITH CHAPTER 177.09', BOARD Of PROFESSIONAL
LAND SURVEYORS LA WS AND RULES, ALL PLA TTED unuTY EASEMENTS
SHALL PROVIDE THA T SUCH EASEMENTS SHALL ALSO BE EASEMENTS FOR
THE CONSTRucnON,INSTALLA nON, MAINTENANCE AND OPERA nON OF
CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRucnON,
INSTALLA nON, MAIN TENANCE AND OPERA nON OF CABLE TELEVISION
SERVICES SHALL INTERFERE WITH FAClLlnES AND SERVICES OF AN
ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UnLlTY,
J. TRACT 'A' IS A PRIVATE ROAD TRACT TO BE OWNED AND MAINTAINED
BY THE HOMEOWNERS ASSOCIA nON. NON-EXCLUSIVE unuTY, DRAINAGE
AND ACCESS EASEMENTS OVER TRACT 'A' ARE DEDICATED TO THE CITY
Of WINTER SPRINGS.
4, TRACTS 'B' AND 'C' ARE RETENnON TRACTS TO BE OWNED AND
MAINTAINED BY THE HOMEOWNERS ASSOCIA nON.
5. TRACT '0' IS A LANDSCAPE/BUFFER TO BE OWNED AND MAINTAINED BY THE
HOMEOWNERS ASSOCIA nON, WITH A 10 FEET -SEMINOLE TRAIL EASEMENT" OVER
THIS TRACT IS DEDICA TED TO THE SEMINOLE COUNTY,
6. A 7,5 fEET unLlTY EASEMENT AS SHOWN ON LOTS 40 THROUGH 42 AND OVER
A PORnON Of TRACT '0' IS HEREBY DEDICA TED TO THE CITY Of WINTER SPRINGS.
7. TRACT 'E' IS LANDSCAPE/WALL BUFFER TO BE OWNED AND MAINTAINED
BY THE HOMEOWNERS ASSOCIA nON, WITH A 8.00 FEET -SEMINOLE TRAIL EASEMENT"
OVER THIS TRACT IS DEDICA TED TO THE SEMINOLE COUNTY.
8, TRACT 'J' IS LANDSCAPE/WALL BUFFER TO BE OWNE:D AND MAINTAINED
BY THE HOMEOWNERS ASSOCIA nON, WITH A '0.00 FEET -SEMINOLE TRAIL EASEMENT"
OVER THIS TRACT IS DEDICA TED TO THE SEMINOLE COUNTY.
9, TRACTS'F' AND 'G' ARE LANDSCAPE/WALL BUFFERS/SIGNAGE TRACTS TO
BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIA nON.
'0. TRACTS 'H' AND 'I' ARE OPEN SPACE TO BE OWNED AND MAINTAINED
BY THE HOMEOWNERS ASSOCIA nON,
11, TRACT 'K' IS A LIFT STA nON TRACT TO BE DEDICATED TO THE CITY
Of WINTER SPRINGS,
'2, TRACT 'L' IS AN ADDITIONAL 5,00 FOOT RIGHT-OF"-WAY DEDICATED TO
THE flORIDA DEPARTMENT OF TRANSPORTA nON,
H2JOJJ'SO.(
60,29'
39
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LEGEND:
8 DENOTES PERMANENT REFERENCE MONUMENTS
4x4 CONCRETE MONUMENT SET LB , 6393
. DENOTES PERMANENT CONTROL POINT
NAIL '" DISC SET LB # 6393
RP RADIUS POINT
PI POINT OF INTERSECTION
PC POINT OF CURVE
PT POINT OF TANGENT
PRC POINT OF REVERSE CURVE
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RAD. RADIAL
TB TANGENT BEARING
CB CHORD BEARING
PB PLA T BOOK
PG PAGE
/). CENTRAL ANGLE
R RADIUS
L ARC LENGTH
COR CORNER
SEC SECTION
C.C.R. CERTIFIED CORNER RECORD
CM CONCRETE MONUMENT
ESMT EASEMENT
ORB OFFICIAL RECORD BOOK
R/W RIGHT OF WAY
DRAIN DRAINAGE
UTIL UTIUTY
(1) STATE PLANE COORDINATE ANNOTATION
10 IDENTIF"ICATION
LB UCENSE BUSINESS
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1J. TRACT 'N' IS A ACCESS/DRAINAGE TRACT TO BE O'M-JtD AND MAINTAINED
BY THE HOMEOWNERS ASSOCIA nON.
14. THE GPS COORDINATES LISTED ON THIS PLAT DO NOT REflECT THE
SURFACE MEASUREMENTS SHO'M-J,
15, ENCROACHMENTS INTO EASEMENTS SUCH AS BUILDING OVERHANGS, A/C
PADS, POOL PUMPS ARE EXPRESSL Y PROHIBITED,
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THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADDlnONAL RESTRICTIONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
~ '-,
I AMERICAN SURVEYING & MAPPING I
320 EAST SOUTH SlREET, SUlTE 180 0 ORLANOO, flORIDA 32801
(407) 426- 7979
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SHEET 3 OF 4
PLAT
800K
PAGE
Barrington Esta tes
A PORnON OF SEcnON 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
, "
, TRACT 'c' \
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C5
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LEGEND:
N2J'40'J9.~
46,00'
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N89'S7'58.E
123.87'
109
N89'.30'09.~
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SCALE: 1.... so'
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c:l DENOTES PERMANENT REFERENCE MONUMENTS
4x4 CONCRETE MONUMENT SET LB iJ 6393
. DENOTES PERMANENT CONTROL POINT
NAIL & DISC SET LB fI 6393
RP RADIUS POINT
PI POINT OF INTERSECTION
PC POINT OF CURVE
PT POINT OF TANGENT
PRC POINT OF REVERSE CURVE
N.R. NON RADIAL
RAD. RADIAL
TB TANGENT BEARING
CB CHORD BEARING
PB PLA T BOOK
PG PAGE
l:i. CENTRAL ANGLE
R RADIUS
L ARC LENGlH
COR CORNER
SEC SECTION
C.C.R. CERTIFIED CORNER RECORD
CM CONCRETE MONUMENT
ESMT EASEMENT
ORB OFFICIAL RECORD BOOK
R/W RIGHT OF WAY
DRAIN DRAINAGE
UTlL UTILITY
(1) STATE PLANE COORDINATE ANNOTATION
10 IDENTlFlCA TlON
LB LICENSE BUSINESS
79
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NOTICE
THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
PLA T. THERE MA Y BE ADD/nONAL RESTRICTIONS THA T ARE NOT RECORDED ON THIS
PLA T THA T MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUN TY.
--
200
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50
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400
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I AMERICAN SURVEYING & MAPPINGI
320 EAST SOUTH STREET. SUllE 180 · ORLANOO, FlORIOA 32801
(407) 426-7979
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C25
Barrington Estates
A PORnON OF SECnON 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
I
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191. ./ / '\. / / / / I
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~ .---!!!!P"2J,Og.... I ".&:I.IWU~AO. NB9'5508 W 340.00'-:' I N89'S5'08-W'~ ..... ~ ~ ~ ~ I 0. I 168.99'...! i----J U
o r 12~R w I '-Sa{lo' ofC ~ TPrZO T 'A' PRIVATE ROAD PI ~ N89'57'58-E : ~ ~.....: N89'57'58-E 0 N89""'09.C i' 0101..1 ~...:-r- ~
a . ~D 1l ~ ~~ 219.29' .' 130.13' ~ ... C() :ot JV '" a 8 :5~:8 I ~ "-
<:) ~ 0 C). RP~. .-39.8,3:. -175.OO'--r +--104.46'--- g~ g ~8 . 131.83' b ~ ~~ I 127.51' ~ 130.14' .f .I . - 0.. ~ 52, L.j Itti v-- ~
~ ~ 13 ~\ CP g 7.> ~ 10' UTl~ .i'O.00' ~ : ~ 77 a tti g 68 ~ I~" g ~ 8 g" g ~ 10 I N89"O'09-C ~LJ"'" I--
13 j ,,' III lY ;... ~ E54fT. ~ g (TYP.) 9 25.0v 25.00' 8" l!:! " I.U Do tti 94 FJ tti 101::> i l!:! ~ S! oJ "" "_4:
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".. '&i 12~;"" 11 I.U ':- 10 ~ I ....... ~ 0 ~ g gE. Q 5l 0 ~ ....r: iii . 0 ~ Q::C() I ' OJ C ~
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20.00' --104.68'---- ---100.00' -- - 175.oct N89'55'08.W l ~ ~~ 79 ~ g~ 8" S ~ ~ g g ~ t 1 NOO'21'~r~, ~-....: \ ~
~.~:~~:-3f THE NOO'iH-1/2 11 S89"51'~~;~8j 269'67'/lTr 10 \1 129. 46 , ~:z; _ D~ 130.SS' ~ Vi~ NB~~'SS"E 1 G ~ 1 NB~~SS"E ~ Vi NB~~'09"E ~ ~ 8 .!N89'JO'09"E lugg'it!' ~ } ~
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.... I N89'5S'08"W ,r^ g 80 ~ 0 65 18 ~ ~ . ;0 ~ I 25.00' I tti ..!.&: III
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t> ~ ~ ~ /9 6 lii r.. . or ..J ~ 130.73' 132.11' f:/R. ~ PC (\~, ~05.00'--~ ---105.00'~ ,'~j-~5.00 .' L u~ t.,) ~ :::
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.... 1 10' 129.59 1._ ~ !-....;".... 130.88' ~ -\~;,i""tb PT -PC ~",..~ "0>. ~"". 11- ~ :
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: r--' 129.72' C-J ~ I -L __ __ 144.77' --~- - 75.00' -- __75.00' - __75.00'__..._75.00'__ - 75.00' -- --- 142.00' ___..I -----
I NB9'55'08.W C'ilF · 0 ' . '
II NB9'55'08-W I .... r--r--------L-<'II------ S89'50 13 W --------------- 681.77 ----------------20.00'-
!~ ~ I 121.19' ~: 71 fL S89"50'1J.W L 661.88'
c:i 3 c:i I ~ 84 g: SOUTH LINE N 1/2, NE 1/4, NE 1/4,
I C() C()....., it) tti I TRACT 'j SE 1/4 SEC. 4-21-31
1 25.0v 25.00 I .....IJ_ Lr'Gr'ND
II N89'55'O~-W ~ .. 1 N89'55'08.W '---I ~ f- LANDSCAPE/WALL I;. 1;.1 :
~ I I 129. 79 -::.. .... fO') 'L......
I r::.:..~: 121.34~ :.... ~.... - 10' SEMINOLE TRAIL ESMT. t:I DENOTES PERMANENT REFERENCE MONUMENTS
~ 8 0 ~ ~ ...: . I ~ ~ ~ 4)(4 CONCRETE MONUMENT SET La , 6.393
,.... I ~ 2 j e... 0 85 ~ ~ 8 I OJ &.. ~ NO T PLA TTED . DENOTES PERMANENT CONTROL POINT
8 I C() .... t.> l!:! ~ ~ l!:! : ~ t.,)~ Q. ;:! NAIL de DISC SET LB I 6393
Z :: NB9'55'08-W ~ ~I ~ l 121.49' I I l- _ ~ <( RP RADIUS POINT
. I VI e: PI POINT OF INTERSECTION
q 126.7.3' I ~.~ I NB9'55'OB-W : I.U -J ~ 41 PC POINT OF CUR~
1'iQ 1 .I...: 0 0 86 0 ~ ___ 'C( 0......... PT POINT OF TANGfNT
: ~ ~ ~ ~ ~ ~ f:J .... PRC POINT OF REVERSE CUR~
: ~ N89'55'08-W ~ III ~ NB9'55'08-W ~ a ~ ~~ N.R. ~~~/A~ADIAL
II 119.14' i 3t I 121.64' : ~ p (1)(1) ~D. TANGENT BEARING
'I I ~ I '1 I ~ 0<( ca CHORD BCARING
'.1 TRACT '~Ol . ~ I ~ TRACT .1 I ~8 :.. Lu "'"
I U') n Ch ~1!) ~ 10 I I PB PLAT BOOK
::;!; OPEN SPACE ~ ~ 0 ;:t; OPEN SPACE ~ II (I) PG PAGE
vv ., ,-.. 0 _ A CENTRAL ANGLE
I..... N89'.38'.30-W I III I ..:t ""i R RADIUS
I _ 94 15' ~:35 77'~ 25 00' N89'.38'3q-W~ ~ ~ L ARC LENGTH
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_ _ ~I-~ -;-_ ---;G':, / ~~_ _~ ~ __.: ~ _ -=~ VI;":" g ~ ~~~~~
C.C.R. CERTIFIED CORNER RECORD
IIID .. 'CT '. L' , ".., .lCT 'G'
.lAft Z TRACT L .lAa CM CONCRETE MONUMENT
LANDSCAPE/WALL BUFFER ADDITIONAL RIGHT OF WA y LANDSCAPE/WALL BUFFER ESMT EASEMENT
ST'ATE ROAD 40A ORB OFFICfAL RECORD BOOK
.It. ~ R/W RIGHT OF WA Y
WIDTH VARIES (AS PER FLORIDA DEPARTMENT OF TRANSPORTATION }U DRAIN DRAINAGE
MAP SECTION 77070, PAGES 15-19, DATED MARCH 16, 1989) ~ UTlL UTILITY
I I SOUTH LINE N 1/ "rOJ EAST 1/4 CORNER (1) STATE PLANE COORDINATE ANNOTATION
I ' sce A 21 31 .... '" SEC. 4-21-31 ID IDENTlFICA TlON
TRACT '( ~: '" ..,.- - ~ g REC. 2- IRON PIPE, NO I LB LICENSE BUSINESS
OPEN SPACE lii I ~ (f) CCR COR. 10028638
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49.88'
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~ AMERICAN SURVEYING & MAPPINGl
320 EAST SOUlH STREET. SUITE 180 · ORlANDO, f\'(lRIOA 32801
(407) 426- 7979
SHEET 4 OF 4
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THIS PLA T, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICnON OF
THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE
SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE
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331.82' ST' ATE
N89'.38'30.W .It.
434
DETAIL 'A'
SCALE:: ,- ... 50'
SUBDIVISION BOND
Bond No.1 03393863
KNOW ALL MEN BY THESE PRESENTS, that we TOUSA Homes, Inc., F.K.A. EnQle Homes /
Orlando, Inc., as Principal, and Travelers Casualtv and Surety Company of America authorized
to do business in the State of Florida, as Surety, are held and firmly bound unto City of Winter
SprinQs. Florida, as Obligee, in the penal sum of One Hundred Sixteen Thousand Four Hundred
Twentv-One and 97/100 ($116,421.97) Dollars, lawful money of the United States of America;
for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, TOUSA Homes, Inc. F.K.A. Engle Homes / Orlando, Inc. has agreed to construct in
Barrington Estates the following improvements: earthwork, sewer, water, storm and pavinQ.
NOW, THERFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall construct, or have constructed, the improvements herein described and shall
save the Obligee harmless from any loss, cost or damage, by reason of its failure to complete
said work, then this obligation shall be null and void; otherwise to remain in full force and effect.
Signed, sealed and dated this 21st day of May, 2003.
TOUSA HOMES INC. F.K. . ENGLE HOMES/ORLANDO INC.
Principal
UAL TV AND SURETY COMPANY OF AMERICA
By:
John Kr
TRAVELE
By:
Maria R. Paneque, Atto -in::fact and Florida Resident Agent
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARNUNGTONCASUALTYCOMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organiz:ed under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Ronald Reshefsky, Ellen R. Segal, Gary H,Morris, Lee A, Morris, Cindy A, Loth,
Maria R. Paneque, of Boca Raton, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby
conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole
signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and
to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-
in-FaCt, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointritent is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOlED: That the Chairman, the President, any Vice ChairnulI1, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to ~ign with the Company's name. and seal with the Company's seal bonds,'recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional Wldertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary,
VOlED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (Wlder seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his ,or her certificate or their certificates of authority or
by one <,>r more Company officers pursuant to a written delegation of authority,
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
autllority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and Wldertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificat~ bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified 'by such facsimile signatme and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
Wldertaking to which it is attached.
(11-00 Standard)
"
~D<
Travelers
~
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"), The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism, We are providing. you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium,
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses, Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year, The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible,
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted), Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium,