HomeMy WebLinkAboutWinter Springs Development CorporationDECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION is made this 25th day of September, 1985 by
WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation, ~
(hereinaEter referred to as "Developer") which declar:es that th~
real property described in Article II heteof, i6 and shall be .
held, transferred, sol~, conve~ed and ocoupi~d subject to the ?
covenants, reetrictiono, c~aem~ntB,.ch~rge5 and l~ens (SOmetimes
ceferred to as "covenants and restrlctlons") herelna~ter seF
forth. : . I
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. WHEREAS, Developer plans ~rom time to time in the future to
sell certain PropAr~i~s ~~~cribed in Articlo II to various
entities, persons, pa(tnerships and/or corporations, and
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WHEREAS, it is desired toiestabliSh covenants and
restrictions concerning The Properties for the fOllowing
purposes:
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(a) To develop The P~opetties with a
~ssuro i~c being a con~inuin9 ~~~et to the
owners of land in the surround+ng area;
character which will
present and futuJe
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of.
;
(0) To guard against th~ erection on The Properties
struotures built of improper o~ unsuitable material~;
(d) To encourage erectiQn of properly located, attractive
improvements on The Proper~ies;
(e) To prevent haphazar~ and inharmonious improvement of
The Properties; and i
(f) To secure and maint~in property setbacks from stceets
and to provide adequaLe free sI>acebetwet:u bui1din9:S~
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NOW, THEREFORE, the fOllowing covenants and restrictions are
hereby established which shall !run with the land descibed in
Exhibit "AM, and is hereby dec~ared and prescribed:
ARTICLE I
!
DEFINITIONS
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The following terms, when !used i.n th; s:I Op.cl ~TAt: ion (unlp.$=l~
the context shall p~ohibit) shall have the following meanings!
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(A) liThe Properties~ 5h~11 mean and rarer Lo all such
existing properties and additidns thereto as are subject to this
Oecla~ation under th~ provisio~s of Article II hereof.
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:and refer to the record owner,
:~ntLtieg, of the fee simple title
(b) "OwnerQ shall mean
whAth~r nn8 or m~r.e persons or
to any tract.
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DIOCESE OF OR~NDO
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(c) "Developer" shall mean and refer to WINTER SPRINGS
DEVELOPMENT CORPORA1'LON, a Florida corporation and its express
suocessors and assigns who own and hold all or any of The
Properties remaining.
ART ICLE II
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PROPERTY SUBJECT TO THIS DECLARA~
Seotion 1. Le9al DescriPtion. The real property which
and shall b~ held, transferred, SQld, conveyed and occupied
subject to thi~ Declaration is lu~ated 1n Sem1nole COunty,
Florida, and is more partieularly described on EXHIBIT A,
attached hereto and made a part hereof.
ARTICLE III
GENERAL RESTRICTIVE COVENANTS
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Sec~1on 1. APPlioability~ The provision of this Article
III shall he applicable to all The Properties.
Section 2. Use Restrictions. The tracts may be used only
for church buildings, Church patking facilities, and activities
~elated thereto for a teLill of ten (10) years at whiCh time suc6
restrictIon snaIl terminate; provided that nothing in these
restricltions shall prohibit any of th~ lands bein9 lpft tn a
natural state. The exterior construction of all structures shall
be briCk, stucco, wood siding, stone or a combination ther~of.
Roofin9 and other mato~ialG must be of a high enough grdde tv be
in harmony of design with other existing struct~res in the
surrounding property of the development known as Tuscawilla. No
bu1l~1ng structUre shall be erected nearer than 30 feet from any
public right-ai-way, or 30 feet from the north, east or south
boundary line of the pro~e~ty.
Section 3. Care and Appearance of Premises. The structure
and grounds or all uf The. Properties shall be mainta1ned 1n a
neat and att(active manne(. No weeds, underbrush Or other
unsightly 9rowth shall be permitted to grow or remain upon any of
The Properties and no refuse pile or unsightly objects shall be
allowed to be placed or suffered to remain anywhere thereon. The
eKterior of all structures and improvemenLs Oil t;:i;lcll tract shall
be maintained in a good state of repair and shall be otherwise
painted and maintained so as to present a neat and attractive
appearance.
Section 4. SignA. No si9n of any kind dis~la~ed to the
public view on The Properties shall be erected without prior
written approval of the Developer which shall not be unreasonably
wlthheld. Billbo4rd~ g~ uthec outdoor advertising Signs located
o~ The Pcoperties Shall not be permitted.
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Section 5. Temporary Structures. No structure of a
temporary char~cter, or trailer, tent, mobile home or
reoreational vehiclt: :.;bal1 be permitted on any oE The Properti.es
except temporary buildings used by a builder in connection with
construction work.
Section 6. Architectural Control. No building, wall, si~n^"
flag, ponnwnt, fence, OJ; othet structure or improvement of an~ -..,
natUte shall be erected, placed or altered on any of The ~ ~
Properti9s unless the construction Pla~s and spe~ification pla~
and specifications and a plan showing Ghe location of the n ~
structure and landscaping as may be required by the Oeveloper ? ~
have bA~n subn'lit:ted to the Developer ill dupllcate anCl approved?i.P
writing by the Developer, Each building, wall, fence, or other' en
structure or improvement of any naturei toqether with the en
ldmiscaplng, shall be erected, placed or altered upon the
premises only in accordance with the plans and specifications and
plot plan so approv~n. RsfuSlal of appro....al of plarHl;',
specifications and plot plan, or any of them, shall be based on
reasonable gro~nds, including aesthetic grounds, and such
objections shall be prov1ae~ to apPlicant in writing upon request
ot applicant. Any change in the exterior appearance of any
buildin9~ wall, sign, fence, or other ~~ructurQ or Improyemento,
and any change in the appearance of thellandscaPing, shall be
deemed an alteration requiring approval. The Developer shall
h;lVQ thQ power to p~omu19a.te ::luch t'ules; a.na regUlations as it
deems necessary to carry out the provisions and intent of this
paragraph. The Developer may designate a representative to ac~
for the Developer and may employ personnel and consultants to act
for it.
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Prior approval by the Developer shall be neceSSary
before any such exterior finishing color is changed. The
landscaping, including, without limitation, the trees, shrubs,
lawns, walkways and ground elevations, shall be maintained in
accordance with said Decla~atlon~ of nestrictions and COvon~nt3
as originally installed unless the prior appcoval for any
substantial change is obtained from the Developer.
All submittals shall be SUbmitted to Developer in
duplicate prior to any such construction, modification,
alteration or any other changes to the structures, walls, etc.
Seller Shall have fifteen (15) working days from receipt of such
Rnbmi~t8ls in whioh to approve or disapprove.
Section 7. Zoning. The Owner, its SUCCessors and assigns
hereby covenant and agee that they shall n9ver object to any
application for zoning changes to property owned by Oeveloper,
its successors and assigns or appl;~~tions f~om any foderal,
state, or local govermental agencies (or any subdivisions
thereOf) for development Or building permits on any 9ueh land
Sect!on 8. Fencinq. No chain link fence Or part thereOf
may be placed on a parcel except if used to protect materials
during construction.
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Section 9. Roofs. Gravel type roofs or built-up roofs may
not be used p.xcept as approved by Developer.
Section 10. Trees. In connection with the development of
any paecal for reSidential purposes, or the construction of
improvements thereon, reasonable care shall be used to preserve
and retain as many trees as is reaoon~bly possible. No
excavation or fill or clear cutting of trees shall be performe~
in violation of law. 2
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Section 11. Vehicles, Boats. No stripped, unsightly, ~
offensive, wrecked, junked, or dismantled vehicles Or portions g
thereof, shall be parked, permitted, stored or located upon any~
parcel in such manner or locations as to be visible to any otheF
paroelor from the streeL. ~u boat, boat trailer, camper, mobile
homes, travel traile~ or other vehicle, trailer or conveyance
shall be kept or stored on any parcel.
Section 12. Casualt~ No building or improvement which has
been partially or to~ally destroyed by fir~ U~ other casUalty
shall be allowed to remain in such state for more than six (6)
months from the time of such destruction. If reconstruction Or
repdl~ of any SUCh bUilding or improve~ent is not so oommenced
within six (6) months, the Own~r thereof shall raze or remo~e the
same promptly from such OwnAC's lo~.
~ction 13. Construction. Every building, structu(e or
other improvement, Lb~ ~unstruct10n of whiCh ts begun on any
parcel, shall be diligently and continuously prosecuted after the
beginning of such construction or placement. lIntil the same shall
be fully completed, except to the extent prevented by strikes,
lockouts, boycotts, the elements, war, inability to obtain
mat@rials. acts of Cod, or similar causes within twelve (~2)
months from the date of commenoement of construction thereof.
Section 14. Landscapinq. Landscaping plans shall be
submitted to Developer fo( it approval and all of said matters
are subject to thp. r~view and approval of Devcloper as specified
above.
ARTICLf: lV
GENERAL PROVISIONS
Section 1. DUration.' The covenants and restrictions of
this D~claration shall run with and bind Lh~ land, and shall
inure to the benefit of ana be enforceable by the Developer, its
representatives, heirs, successors, and assiqns. for a term of
fifteen (15) years from the date this Declatation is recorded,
after which time said covenants shall be automatically extended
for Successive ~Qriods of ~~n (10) years each unlcoo ~n
instrument signed by the then Owner(s) of The Properties has been
recorded, agreeing to change said COvenants and resttictions in
whole Oc in p~rt.
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DIOCESE OF OR!....ANDO
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Section 2. Notice. Any notice required to be sent to any
Owner under the proviaion6 or this Declaration shall be deemed to
have been properly sent when personally delivered or mailed,
postpaid, to the last known address of t.h~ pp.rson who appears as
Owner.
S otion 3. Remedies for Vi.olations. In the event at a
violation or breach of any 0 the covenants or restrictions by
any peraon or conpern Claiming by, through or under Owner or by
virtue of any jud~cial proceedings, Developer, its successors o~
assigns shall have the right to proceed at law or in ~quity to ~
compp.l compliancelwit::h t:he termo hereof Or to prevent the ~
violation or breabh of any of them. m
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In a~ditiOn to the toregoing remedies, the Developer
shall have the following rightsl
- {a) Upon the Owner's failure to maintain the grounds
in a neat and attractive manner as ptovided in Paragraph 4
hereof, Developer may at its option after giving the owner ten
(10) days written notice sent to his last known address, enter
upon The Property1and have the qrass, weeds and vegetation cut
when and as the s!me is necessary in the Developer's judgment and
have dead trees, *hrubs, plants, refuse, all unsightly objects
rQmo~od from said1lot. Suoh entry enal1 not be deemed a
trespass.
(b) In the event that the Owner shall fail to
maintain the exterior of any struoture in good repair and
appearancp., the Developer may, at Itg o~tion, aftor 9i~in9 Owner
three (3) days wr it ten notice sent to hlS las"t known address,
enter upon such property and make such repairs and improve the
appearanCe ca the Dev~lu~er, in its sole opinion, ~eems neoessary
to remedy the said violation. Such entry shall not be deemed a
trespass.
(0) Whenever there shall have been built on any of
The Propc~tics ~ stru~ture which is in violation o( the~e
restrictions, the Development, may at its option, after giving
the Owner ten (10) days written notice sent to his last address,
enter upon The Property where such violation exists and summarily
abate and remove the same at the expense of the Owner and such
entr.y ~nn abat~m@n~ and ~emoval shall not be deemed a trcopass.
In the event that the Developer shall have exercised
i~s privilege granted 1n subparagraphs (al, (b) and (0) above,
the Ownet of suoh property shall reimburse The Developer for the
costs of any work as therein required therein including fiftp.~n
(15%) per annum interest from the date the work is completed and
to seoure such reimbursement the Developer shall have a lien upon
The P~opertieB enforoeable as herein provided. Upon performing
the work, The Developer shall be entitled to file in the Public
Records of Seminole County a notice of its olaim of lien by
IJir:tue of t,his cont.r:act with the Grantee. Said notice shall
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D I DeESE OF ORLAt ~DO
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state the costs of said work, including interest, and shall
contain a description of The Property against which enforcement
of the lien is sought. The lien provided shall date from the
date the work is completed but shall not be binding against
creditors Or subsequent purchasers foe a valuable consideratton
and without notice until such notice is recorded. The lien
herein provided shall be due and payable forthwith upon
completion of the work and if not paid, sa.l.u 1l~1I may be enforced
by foreclosure in the same manner as a mortgage. The liens
herein provided shall be subordinated to any first mortgage
encumbering any loan to any institutional lender provided, ~
however, tha~ any such mortgagee then in possession ~nd any ~
purchasAr ~~ any foreclosure sale ~nd ~11 persons claiming by, ~
through or under such mortgagee or purchaser Shall hold title ~
SUbject to all the provisions of these covenants including the ~
lien rights herein provided fot. ~
Section 4. Enfo~cement. If. any pp.r~~n, firm or coxporation
or their heirs, SUCcessors oc assigns shall violate Ot attempt to
violate any of the easements, covenants or restrictions of this
t>cclarat:.lon, it shall be t.he right, but not ~he Obligation, of
the Developer, its heirs, successors or assigns, or any person or
persons owning any adjacent property, to prosecute any proceeding
at law or in equity against the person or persons violating or
attempting to violate this Declaration, whether such proceeding
is to provQnt such persons from 00 doing, or to teCOver damages,
and if such person is found in the proceedings to be in violation
of or attempting to violate this Declaration, he shall bear all
expenses of the litigation, including court costs and reasonable
attorney's fees (including those incurred in post judgment or
aPPellate proceedinqs) 1 n~Il,rr.eod hy th2 party enforoin9 thic
Declaration. Developer shall not be obligated to enforce this
Declaration and shall not in any way or manner be held liable or
te.eponeible for any violaLlou of this Declar:at1on by any person
other than itself. Failure by Developer or any other person or
entity to enforce any provisions of this Declaration upon breach
thereof, however, long cohtinued, shall in no event be deemed
waiver of the right to do so thereafter with respect to SUCh
person, or ao to Qimilar breach ocourring prior Or $ub.eequent
thereto.
Section 5. Severabi11t~. Invalidation of anyone of these
COvenant~ or restrictions by judgment or court order shall in no
way affect Any nth~~ p~ovisions which shall remain in full force
and effect.
Section 6. Arnenument. In adCl1t1on to any other manner
herein provided for the amendment of this Declaration, the
covenants, restrictions, easements, charges and liens of this
agreement may be amended, changed, added to, derogated, or
deleted at any time and from time to time upon the execution and
reeorda~ion of any inatcumcnt executed by The Developer, and the
Owner(s) of The Pro~erties.
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DIOCESE OF ORLANDO
PAGE as
Section 7. Right of Assignment. Developer may assign any
and all rights, powers, obligations and privileges under this
instrument to any other c:o~porations, 4ssociaLiOJl$ lJL.' b'ecsons.
Such assignment must make specific reference to this Declaration
of Covenants and Restrictions and shall not become effective
until recorded in the public Recoros of Seminole County, Florida.
sec~ion 9. Effective Date. This Declaration shall b~~ome
effective upon its recordation ln the Seminole County, Florida
Public Records.
WINTER SPRINGS
CORPORATION, a
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EXECUTED as of the date first above written.
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STATE OF FLORIDA
COUNTY OF ~(4v.1 e
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowle~9ments; A~AND ~. BLAIR, of WINTER SPRINGS DEVELOPMENT
CORPORATION, a Florida corporation, to me well known to be the
persons described in and who executed the fore\;Jo;ng in$;~rllmp.nt
and they acknawledged before me that they executed the sam~ for
the purposes therein expressed.
WITNESS my hand and OffiCial?serl/in
last aforesaid this ~day of ~(_
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DIOCESE OF ORLANDO
PAGE 09
LEGAL DESCRIPTION
From the Southeast corner of GARDENA FARM SUBDIVISION, as
recorded in Plat Book 6, Pages 23 & 24, Publi~ Rp~ords of
Seminole County, Plorida,run thence along the Easterly line of
said Gardena Farms Subdivision N.05009'SOBE. 7155.06 feet to the
North lina of a Florida Power CorporaLlon Easement, recorded in
Official Records Book 193, Page 276, Public Records of Seminole
County, Florida; run thence along said Northeast easement line,
N.65.10'12Hw. 2515.09 feet to a poLnt on the Westerly line of a
Florida Power & Light Company Easement, recorded in Official
Records aook 183, ~~ge 130, Public Rocords of Seminole County,
~lorida; thence run S.Olo02'14"E. 100.53 feet to the Northwest
corner of Lot 46, TUSCAWILLA UNIT 6, as recorded in Plat Book 21,
~ages J2 & 33, Public Reoords of oeminole County, Florida: thence
run Southerly and Westerly along the boundary line of said
Tuscawil1a Unit 6 the followinq cour.~~~~ Run South 692.21 feet
_to ,the point o~be9inning; thence continue South 301.07 feet; ,
thence N.85010'12.W. 772.70 feet; thence leaving said boundary ~
line of TuscQwilla Unit G run N. 04-49' 48"E. 300.00 teet:; the~e-.
S.85010'12"E. 747.35 feet to ~he point of beginning: containtftg~
therein 5.2343 acres more or less, p
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407246C,941
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DIOCESE OF ORLANDO
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WARAANTY DEED
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THIS INDENTURE, made and executed the 2.5__, day of September,
1905, by WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida
corporation, hereinafter referred to as "Grantor," t.o THOMAS J.
GRADY, as Bishop of ~h~ Diocese of Orlando, hia succe~SQrs in ~
office and a~si9ns, a corporation sole, whose post office addr.e~
is P. O. Box 1800, Orlando, Florida 32802, hereinafter called ~
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WIT N E SSE 1 H!
THAT the Grantor, for and in consideration of the sum 6f"Ten
Dollars ($lO.OO) Dnd other valuable ~ons!derat1on, receipt' '
whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, rel~ases, conveys and confirms unto the Grant.A~,
all that certain land situate in..,.Seminole County, Florida, to-
wit:
See Exhibit "An attache~ hereto and made a part
hereof.
TOGETHER with all the tenements, hereditaments and
appurtenance5 thereto belonging or in ~nywise appcrt~inin9.
TO HAVE AND TO HOLD, the same in fee simple forever.
ANO the Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of said lann in fea simplQ: that the
Grantor has good right and lawful authority to sell and convey
said landJ that the Grantor hereby fully warrants the title to
said land and will defend the eelme against the lawful Claims ot
all persons whomsoevQr; and that said land is free of all
enoumbranc~s, except:
(1) Taxes accruing subsequent to December 31, 1984;
(2) Easements, Reservations, and Restrictions of Recocd, but
(eferBnce hereto shall not serve to reimpose same.
Docum"'llary Tel( "'C!o $ "7~~'-. ~
$ Intllnaiblo TIIX PII.
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DIOCESE OF ORLANDO
PAGE 11
IN WiTNESS WHEREOF, the said Grantor has signed and sealed
these presents the day and year first above written.
Signed, sealed and delivered
1n the presence of:
~
_&~~. l~OM\-
WINTER SPRINGS DEVELOPMENT
CORPORATION, a Florida
corporation
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STATE OF FLORIDA
COUNTY OF l',(~/'E
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1 HEREBY C~RTIPY that on this day before me, an officer duly
authorized in the state and county aforesaid to take
acknowledgments; personally ~ppearQd Arm~nd E. Blair, ao
Presi~ent of WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida
corporation, to me known to be the person described in and who
after being du1t ~worn, execute~ the foregoing instrument for the
purposes mentioned therein.
WITNESS my hand a~~fficial seal in the
last aforesaid this ~~day of Septemb ,
and state
This instrument ptepared by and
return to:
0.- C. David Brown, II, EsquireII"'
Broad and Cassel
, 1051 Winder ley Pl~ce, 4th Floor
Maitland, Florida 32751
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NOTARY PUBLIC ' ''''''~:-... '> I I ''..,
My commission e~~ies: 9~."
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BBB:192SDEDa-1
PAGE 12
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4072454941
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DIOCESE OF ORLANDO
LEGAL DESCRIPTION
From the Southeast corner of GARDENA FARM sUaDtvISION, as
recorded in Plat Book 6, P~ges 23 & 24, Public Records of
Seminole County, Florida; run thence along the Easterly line of
said Gardena Farms Subdivision N_Oso09'50~E. 7155.06 feet to the
~orth lin~ of a Plorida Puwer Corporation Easement, reoorded in
Official Records Book 193, ~age 276, Public Records of Seminole
County, Florida1 run thence along said Northeast easement line,
N.Sso10'12"W. 2515.09 feet to a point on the Westerly line of a
Florida POwer & Light Company Easement, recocded in Official
R~ccrds Book 19~, rage l~O, Puu11c Reoords of Seminole County,
Florida; thence run S.Olo02114~E. 100.53 feet to the Northwest
corner of Lot 46, TUSCAWILf.,A UNIT 6. as teCOrdAd :I." 1?lat: Booy: ':21 I
Pdyas 32 ~ 33, Public Records of Seminole County, Florida; thenoQ
run Southerly and Westerly along the boundary line of said
Tuscawilla Unit 6 tn~ follOwing oourocs: Run South 692.21 teet ~
to the pOint of beqinning; thence continue South 301.07 feet; ~
~
thence N.85010'12"W. 772.70 feet: thence leavinq said boundary p
line of Tusuawilla Unit 6 run N.04049148"E. 300.00 feet; thence ~
S.85010'12RE. 747.35 feet to the point of beginning; containing g
therein 5.2343 acres morA or l~;s_ ~
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