Loading...
HomeMy WebLinkAboutWinter Springs Development Corporation (3) n 'c.cDA,c:Nr ",,- T~'1..'n~:''''.I''~o :"" ;", ":"-:1 of , C. L.." i.: u. _ .... t" ...lY, (CT1fb U", .~() ~:,~ ' .\. ,,:L ~ "1.111!JI1(~ C""1. ' . !, : :' r;OO~ \\! '!i:J IV1I \.on',: ,., I-...:,! Y\ Milll'dn:J 0 Lv<.J.J 3.: I ';) 1 ~./ DECLARATION ~ ~ ~ VI ", ~ ~ ,. m THIS OECLARATIOH 1. made this 28th of September, 1987 by ~ WINTER SPRINGS DEVELOPMENT CORPORATION, a Plotida corporation, ~ (hereinafter tefetred to as -Developet-) which declares that th~ real property described in Atticle II heteof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, testrictions, easements, chatqes and liens (sometimes referred to as .covenants and restrictions.) hereinafter set forth. . or COVENANTS AND RESTRICTIONS WHEREAS, Developer i. sellinq that certain property known as Tuscawilla Country Club (the .Club.) located within the Tuscawilla development (~'1'us~awilla.) and described in Article II, and , WHEREAS, certain other prJperties located within Tuscawilla ("Properties") have been Ot are to be developed, and ~ ,. v--- WHEREAS, the Developer intends the testrictions contained herein to benefit the properties, and WHEREAS, it is desired to establish covenants and restrictions concerninq the Property for the f~llowinq purposes: (a) To establish the Property as an area devoted solely (except as specifically set forth herein) to qolf course, country club, and related facilitie.~ (b) '1'0 develOp the Property with a character which will assure its beinq a continuinq asset to the present and future owners of land in the surroundinq area: (c) '1'0 quard aqainst the erection on the Property of structures built of improper or unsuitable materials: (d) '1'0 encourage erection of properly located, attractive improvements on the Property includinq but not limited to additional club facilities and amenities and residential units (either daily ~r long term rental or for sale) in keepinq with the character of '1'uscawilla~ (e) '1'0 prevent haphazard and inharmonious improvement of the Property: and ~ ~ (f) '1'0 .ecure and maintain property setbacks from streets and to provide adequate free space between buildinqs~ and (q) '1'0 quard against a lack of or failure to maintain the Property, and to provide for the continuing operation and maintenance of the Property. 1 :i of: N or (9/1/87) B/CMB:CBG24MS2-7 L- ~-~,. ---... :..~ .. A,#;--..". ~ .~r.-~*.. L --1 J . ',1 ...."u-A... .;.".-\.l,.;'..~~~- 6 ,/ CQ ..,. co ;z: N o o <.n :: ,c. rt: o;J c...r- ,.,,1"'1 ::.~ .- So:: ..... r- ~g f'O'Inz c:~~ "':; . ).., =:~~ .'. <,;;; ~,.:~z ~ /'-.J = (..) ~ ..... "'V W o ::II rot n a =- ~ o .. < rot ::II :;; ;;\ o .1 ! .' . .... r-- co ... '" <:' ,., CQ . . NON, ftER.!!'ORE , the followin9 covenants and restrictions are;' :'" I',.) hereby e.tabli.hed, declared and prescribed: r. :~ ,.. ,., .... ARTICLE I !=' Q ..., = '" DEFINITIONS r CJ1 ;. ,.., CJ1 ,1\ The followin9 terms, when used in this Declaration (unless the context ahall prohibit) shall have the followin9 .eanin9s: (a) the .Properties. shall .ean and refer to all properties other than the Property located within oruscawilla. (b) the .Property. shall .ean and refer to all such existin9 proper tie. and additions ther~to as are subject to this Declaration under the provisions of Article II hereof. (c) .Owner- shall .ean and refer to the record owner, whether one or .are persons or entities, of the fee si.ple title to any tract. ld) .Oeveloper- shall .ean and refer to WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation and its express successors and assi9ns as evidenced by a written assi9~ent of such interest hereunder and recorded in the Public Records of Se.inole County, Florida. ARTICLE II PROPERTY SUBJECT '1'0 '1'BIS DECLARATION Section 1. LS;al Descriztion. The real real property which is, and ahall be eld, trans erred, sold, conveyed and occupied subject to this Oeclaration is located in Seminole County, plorida, and is .are particularly described on EXHIBIT A, attached hereto and made a part hereof. ARTICLE II I GENERAL RESTRICTIVE COVENANTS ~ Section 1. AQplicability. The provision of this Article III shall be appllcable to all the Property. Section 2. Ose Restrictions. The Property may be used only for a 9ol~ course, country club, and related facilities and activities related thereto I provided, however, that Owner (after obtainin9 Developer'S approval of plans and specifications in the ..nner herein provided) and obtainin9 th~ required 9over~ental approvals ..y construct residential units (WhiCh may include, but not be liaited to, Note 1) adjacent to the clubhouse on the real 2 (9/t/87) B/CMB:CBG24MS2-7 -~~~-- .. L -1 ~~.;'. ... ~ '.- ",' r- ,,~ ,- - propert hereof *' '" ... :J: rt :r. of any residential units save th , of (..terially) decreasing the area presently contained [. within the golf course, or otherwise uending, altering, or :.. C ettecting the qual! ty of the golf co e, which presently is an r :; ;;: 18 hole ChUl lon.hip C;ole course. ner shall not otter for sale O"J ;~: the res ent a un s n nary course of business to individual third party purchasers for a period of five (S) years fro. the date of this Declaration; but Owner may sell suCh units in bulk. Within said five year period, prior to the commencement of construction, Owner shall submit plans and specifications for said residential units to Developer for Developer's approval, which ..y not be unreasonably withheld: provided that the construction of said residential units shall be in harmony with the clubhouse and the surrounding Tuscawilla development and the other ..tters provided herein. Seller shall have twenty days within which to approve or disapprove said plans and specifications. In the event Developer does not approve said plans and specifications within said twenty day period, said plans and specifications shall be deemed approved. Except as specifically provided hereinabove, the Property shall not be used for residential purposes and no dwelling units shall be located thereon. Notwithstanding anything to the contrary contained herein, nothing in, these covenants and restrictions shall prohibit any vacant lands in the Property from being left in their natural state, provided said vacant lands arPo landscaped and ..intained as provided herein. The exterior construction of all structures shall be brick, stucco, wood siding, stone or a combination thereof. Roofing and other materials must be of a high enough grade to be in harmony of design with other existing structures in Tuscawilla. No building structure shall be erected nearer than 50 feet from any public right-of-way. Section 3. Care and Appearance of Premises. The structure and grounds of all of the Property shall be maintained in a neat and attractive ..nner. Any landscaping on the Property shall be maintained continuously and without interruption in the same or better condition in which it existed at the date of this Declaration. Furthermore, any alteration of any landscaping shall be performed pursuant to the section of this Declaration entitled MArchitectural ControlM and shall be completed expeditiously once undertaken. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon any of the Property and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere .thereon. The exterior of all structures and improvements on the Property shall be ..intained in a good state of repair and shall be otherwise painted and ..intained so as to present a neat and attractive appearance. This provision shall be strictly construed with the intent of Developer to assure that the Properties are maintained as a MChampionship Golf Course.M ' _ B/OQhCBG24MS2-7 3 (9/1/87) L .-J !- >- ... ~ ,.. :'" . '. " " r -, Section 4. Signs. No sign of any kind displayed to the public view on the Property shall be erected without prior ~ written approval of the Developer, which approval shall not be ~ unreasonably withheld. Roof signs will not be permitted. ~. Directional signs will be of a uniform type and must be approvedm by the Developer. In the event that the Developer does not ; ~ disapprove in writing to the subalitting party and sign within tep ~ .,. (10) working days of subeission of a picture/plan for such sign,' ~ ~ the slgn shall be deemed to be approved. ""'4 ro: Section 5. Temporary Structures. No structure of a temporary character, or tral1er, tent, mobile home or recreational vehicle shall be permitted on any of the Property except temporary buildings used by a builder in connection with construction work or in connection with golf, tennis or swim tournaments and outings. . Section 6. Architectural Control. No building, wall, sign, flag, pennant, fence, or other structure or improvement of any nature shall be erected, placed or altered on any of the Property unless the construction plans and specification plans and specifications and a plan showing the location of the structure and landscaping as uy be required by the Developer have been submitted to the Developer in duplicate and approved in writing by the Developer. No building erected, placed, or altered on the Property shall be more than thirty five (35) feet in height, as measured from the finished ground floor elevation to the peak of the finished roof. Each building, wall, fence, or other structure or improvement of any nature, together with the landscaping, shall be erected, placed or altered upon the premises only in accordance '11th the plans and specifications and plot plan so approved. Refusal of approval of plans, specifications and plot plan, or any of them, uy be based on any reasonable ground provided any such disapproval shall be in writing specifying the grounds for disapproval. Any uterial change in the exterior appearance of any building, wall, sign, fence, or other structure or improvements, and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The Developer shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this paragraph. The Developer uy designate a representative to act for the Developer and uy employ personnel and consultants to act for it. Prior approval by the Developer shall be necessary befoce any such exterior finishing color is changed. The landscaping on the Property, including, without limitation, the trees, shrubs, lawns, walkways and ground elevations, shall be uintained in accordance with said Declarations of Restrictions and Covenants as originally installed unless the prior approval for any substantial change is obtained froa the Developer. 4 (9/1/87) B/CMB:CBG24MS2-7 .....-.-..~.............--"....-_.. ...-.... ,.,~...-... L -1 .... ....... .~.." '. J". ....~. c:o c.o 1'0.,) ,.,. ~ :,.. .: '.. ~ ..... :.. jll:.i, ';. Co ~ ~ ~ . >t r --, C1:) ,.. D CD ;:':-. N '. Q Q -J' '" :. '. ", eD ..r (It All submittals shall be submitted to Oeveloper in duplicate ~ prior to any such construction, modification, alteration or .any ~ other c~nges to the structures, walls, etc. Developer shall ", have ten (10) working days from receipt of such submittals in S which to approve or disapprove. Oeveloper's failure to approve ~, such subDittals within said ten (10) day period shall be deemed: to be an approval. Section 7. Restricted Ose. No parcel shall be us.d for manutacturing or lndustrlal purposes. No building shall be erected, altered, placed or permitted to remain on any parcel other than the country club building and related facilities or otherwise per.itted herein not to exceed three stories in height. Section 8. 'rues. 'In connection with the development of the Property, Or the construction ot improvem.nts thereon, reasonable * car. Shall be used to preserve and retain as many trees as is reasonably possible, or to replace any trees so removed. No excavation or fill or clear cutting of trees shall be performed in violation of law. Section 9. Vehicles, Boats. No boat, boat trailer, camper, mobile homes, travel trailer or other vehicle, trailer or conveyance stripped, unsightly, offensive, wre~ked, junked, or dismantled vehicles or portions thereof, shall be parked, per.itted, stored or located upon any parcel in such manner or locations as to be visible to any other parcel or from the stre.t. Section 10. Casualty. No building or i.provement which has been partially or totally destroyed by tire or other casualty s~ll b. allowed to remain in such state for more than six (6) months from the ti.e ot such d.struction. It reconstruction or repair of any such building or improve.ent is not so commenced within six (6) months, the Owner thereof shall raze or remove the .... promptly from such Owner's lot. S.ction 11. Construction. Every building, structure or other i.provement, the construction of which is begun on any parcel, shall be diligently and continuously prosecuted atter the beginning ot such construction or placement until the sa.e shall be fully completed, except to the extent prevented by strikes, lockouts, boycotts, the ele.ents, war, inabilit~ to obtain materi.ls, acts ot God, or si.ilar causes within twelve (12) months trom the date ot commencement ot construction thereot. Section- 12. Waste Disposal. None ot the Property shall be used or maintalned as a dumping grou~d for rubbish or junk. 'rrash, garbage or other waste shall not be kept except in aanitary containers. All equipment for the storage or disposal ot such material s~ll be kept in a clean and sanitary 5 B/CMBI C9G24MS2-7 (9/1/87) -.:o.--.~.t..._........ ...... ......,.~' ......,......_""':..... _ ...----..-...----. . L .J -.' ............ " r- --, condition. Any equipment used for the storage and disposal of any such saterials shall be secured by decorative fencing approved by the Developer. No effluent shall be disposed from the parties except effluent which meets the standards for residential effluent as established by the Department of Environmental Regulation (OER), or except pursuant to the Effluent Disposal easement Agreement entered into by Developer and Seminole Utility Company. Section 13. Stora~e. OUtside storage of any materials, supplies or products shall not be permitted within any setback are.. All outside storage areas shall be landscaped or screened so as to pre.ent a neat and attractive appearance. The maintenance barn and area surrounding as well as cart storage area shall be excluded from this restriction. Section 14. Nuisances. No noxious or offensive activities shall be carried on upon any tract nor shall anything be done thereon which may be or may become a nuisance to the occupants or Owners of the Property or owners of surrounding properties. Section 15. 0 erations. No oil drilling, oil deve opment operat ons, 0 re 1n1ng, quarrying or mining operations of any kind shall be permitted upon or in the Property nor Ihall oil wells, tanks (unless Jh;~l~~ from view to the properties), tunnels, mineral excavat10ns or shafts be permitted upon or in the Property. No derrick or other structure designed for u.e in boring for oil or natural gas shall be erected, aaintained or permitted upon any portion of the land subject to th... restriction.. ARTICLE IV GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of .this Declaration shall run w1th and bind the land, and shall inure to the benefit of and be enferceable by the Developer, its repre.entatives, heirs, successors, and assigns, for a term through and including September 28, 1997. Section 2. Notice. Any notice required to be sent to any OWner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as OWner. Section 3. Remedie. for Violations. In the event of a violation or breach of any of the covenants or restrictions by any person or concern claiming by, through or under OWner or by virtu. of any judicial proceedings, Developer, its successors or 6 (9/1/87) 8/CK8zCBG24MS2-7 L ~ .;". . . ~ .', . '" c:a .." 0 ", co " % ";11I'- Z ~ :: r. r- '. ,., .... ? Q - Q -. :- c.n :. ." :Q '" , r- --, assigns shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any of them. In addition to the foregoing remedies, the Developer shall have the following rights: (a) Upon the Owner's failure to maintain the grounds in a neat and attractive manner as provided in Article III, Sections 3 and 14 hereof, Developer a.y at its option after giving the Owner thirty (30) days written notice sent to his last known address, enter upon the Property and have the grass, weeds and vegetation cut when and as the s~e is necessary in the Developer's judgment and have dead trees, shrubs, plants. refuse, all unsightly objects removed from said property. Such entry shall not be deemed a trespass. (b) In the event that the awner shall fail to maintain the exterior of any structure in good repair and appearance. the Developer may, at its option, after giving Owner thirty (30) days written notice sent to his last known address, enter upon such property and make such repairs and improve the appearance as the Developer, in its sole opinion, deems necessary to remedy the said violation. Such entry shall not be deemed a trespass. (c) Whenever there shall have been built on any of the Property a structure which is in violation of these restrictions, the Development, may at its option, after giving the Owner sixty (60) days written notice sent to his last address. enter upon the Property where such violation exists and summarily abate and remove the s~e at the .xpens. ot the awner and such entry and abatement and removal shall not be d....d a trespass. In the event that the Developer shall have exercised its priVilege granted in subparagraphs (a). (b) and (C) above. the Owner of such property shall reimburse the Developer for the costs of any work as therein required therein including fifteen (15\) per annum int~rest from the date the work is completed and to secure such reimbursement the Developer shall have a lien upon the Property enforceable 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 claim of lien by virtue of this Declaration. Said notice shall 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 for a valuable consideration 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. said lien may be enforced by foreclosure in the same manner as a mortgage. The liens herein provided shall be subordinated 7 B/CMB:CBG24MS2-7 (9/1/87) -......-.....-.. L -1 '" CD ~ ,.., (0 '.' ~ :,;. ~ '" ... ,f" ,.., ~ ~ <=) " : 0') ':":2 :"1. r- --, ..' to any first .nd s.cond ~rtgage encumb.ring any 104n to any in.titution.l l.nder provided, however, that .ny such mortgagee~ then in pos....ion .nd .ny purcha.er at any foreclo.ur. sale and~ all persons claiming bI' through or und.r such mortgage. or ~ purchas.r sh.ll hold t tl. subj.ct to all the provision. of the~ covenants including the li.n rights her.in provid.d for. ~ ... ,.. S.ction 4. Entorcement. It any person, tirm or corporatiod or th.ir h.irs, .uccessors or a..ign. shall violate or attempt to violate any ot the ....m.nts, covenants or re.trictions ot this D.claration, it .hall be the right ot the D.veloper or its succe..or. or assigns to pro.ecute any proc..ding at law or in equity against the person or persons violating or attempting to violate this D.claration, wh.th.r such proc.eding is to prevent such p.rsons trom so doing, or to recover damages, and it such person is tound in the proceedings to be i~ violation ot or .ttempting to viol.te this D.claration, h. shall bear all expen..s ot the litigation, including co:~~e costs and reasonable attorney's fees (including tho.. incurred in post judgment or appellate proceeding.) incurred by the party entorcing this Declaration. Dev.loper shall not b. obligated to entorc. this Declaration and shall not in any way or manner be held liable or respon.ible tor any violation ot this Declaration by any person other than itselt. Failure by Develop.r or any other person or entity to entorce any provisions ot this Declaration upon breach thereot, howev.r, long continued, shall in no event be deemed waiver ot the right to do so th.reafter with respect to such per.on, or as to similar breach occurring prior or sub.equent thereto. Section 5. Severability. Invalidation ot anyone of the.e covenants or restrictlons by judqment or court order shall in no way attect any other provision. which shall remain in tull torce and efhct. Section 5. Am.ndment. In addition to any other manner herein provided :or the amendment ot this Declaration, the covenants, restrictions, easem.nts, charges and liens ot this agreement asy b. amend.d, changed, added to, derogated, or deleted at any time .nd from time to time upon the execution and recordation of any instrum.nt executed by the Developer, and the Own.rts) ot the Property. Section 7. Riqht at Assiqnm.nt. Cev.loper may assign any and all rights, powers, obllgatlons and privileges under this instrum.nt to any other corporation., associations or persons which are a succ...or d.veloper to C.velop.r which shall be deemed to .ean . developer who is holding property for sale within Tu.cavill. in the ordinary cours. at bu.ine.s. In the ev.nt that no .uch as.ignm.nt i. mad., th.n Ceveloper may assign it. right. hereunder to Owner. Such assignment must make .pecific reference to this Declaration ot Covenants and 8 (9/1/87) B/CMBI CBG24MS2-7 ....-...-..-.. L --1 ......... CD m 0 co V...~ ~ Q Q ~I. Q) :.' ,.., rn '. . - . ~ ~ ... ;"~ . .J' ~ ..-- --, Restrictions and shall not beccae effective until recorded in the Public Records of Seminole COllnty, '10r1~. Section 8. Effective Date. This Declaration shall become effective upon lta recordation in the Seminole County, Florida Public Records. EXECUTED as ot the ~t. tirst above written. STATE or FLORIDA COUNTY or o~... I HEREBY CERTIFY that on this day personally appeared before me, an officer du~authorized to administer oaths and take acknowledgments, . " _ 'Q1;'.lJ.~ as Jr:yi~~ ' WINTER SPRINGS DEV P CORPORATION, a Florlda corporation to m. well known to be the person described in and who wxecuted the foregoing instrument and he acknowledged betore me that he executed the same tot the purposes therein expre..ed. WITNESS my hand and otficial .e.l in the County and State last afousaid this ~ ~y of ~~..... , 1987. ~H.f?-r NO'rARY PUBLIC My commission expires: co lit .,. M ... (Q "='.. ~ ~ -, ~ I'o.J ,. ,.. .' M t"l ". ? ... . 'U : :. ,. '" :-~ ""Il'c SUI. 0' Flolid. ., La... ~ .""".. Oct. ZJ, alZ ...41...."...., ':It.."."" \' .t"I"", .' ...,; ........ ......, .. 'Y." ~ '" ",' 11' ~ ,;. P.\ ." .. ~.cs.1. I ',,:~' - \IJ' . .." : .... .. ~ 0 , .... :/.: ..- ~.. \~. - .... .,' -'.- '" ,... i ~"" q ,.; ~I .... ..........:\... ". ......... Sl~....... ................ , (9/1/87) B/CMBICBGZ4MS2-7 L .J ....... ... ~..... .,..to ........~.:.....:~~~ ,:"~/od'i1:;~.il~i,,'~'...~:.......;. _..' '. r --, Rvsd. 9/14/87 - 1:34 PM ~ ~ I-d)t ~ A" Sl140E 9/3187 TUSCAWILLA GOLF COURSE #87315.0005 WEST GCX..F CCURSE DESCRIPTION: Part of GARDENA FARMS, as recorded in Plat Book 6, Page 23, Public Records, Seminole Courty, Florida, lying in Sections 7 and 18, Township 21 South, Range 31 East, City of Winter Springs, Seminole County, and being described as follows: J Beginning at the Northeast comer of the plat of WEOGEWOOO UNIT ONE, Plat Book 20, Pages 56 and 57, Public Records, Seminole County, thence S 07014'23- E along the East boundary of said plat for 319.40 feet; thence S 26037'51- E along the East boundary of said plat for 474.25 feet: thence S 10053'10- E along the East boundary of said plat, and along the East boundary of WEOGEWOOO UNIT TWO, Plat Book 21, Pages 11 and 12, Public Records, Seminole County, for 634.02 feet: thence S 18054'08- E along the East boundary of said plat of WEDGEWOOD UNIT TWO and along the East boundary of the plat of WEOGWOOO UNIT THREE, Plat Book 21, Pages 13 and 14, Public Records, Seminole County, for 489.86 feet; thence S 11000'34- E along the East boundary of said plat of WEOGEWOOO UNIT THREE for 150.34 feet; thence S 25028'58- E along the East boundary of said plat for 306.15 feet; thence S 44052'21- E ala ng the East boundary of said plat for 274.06 feet; thence S 69055'33- W along the South boundary of said plat, also being the centerline of Howell Creek, for 138.85 feet; thence S 87019'11- W along said South boundary for 70.00 feet: thence S 21034'51- W along Raid South boundary for 145.76 feet to the Northeasterly Right-of-Way line of Northern Way as shown in the plat of WI.~TER SPRINGS UNIT 3. Plat Book 17, Page 89 and 90, Public Records, Seminole County: thence Southeasterly along said Northeasterly Right-of.Way line, along the arc of a curve concave Northeasterly, having a radius of 1610.00 feet, through a central angle of 52058'46-, having a chord bearing of S 63045'45- E, for 1488J1 feet to the point of tangency: thence N 89044'51- E along said North Right-of- Way line for 29.37 feet to the West boundary of the plat of WOOOSTREAM, Plat Book 24, Pages 97 and 98, Public Records, Seminole County: thence Northerly along said West boundary for the following courses: N 00015'09- W for 214.51 feet; N 60035'58- W for 685.11 feet; N 78035'12 W for 145.64 feet; N 09024'26- W for 541.51 feet to tha Southwest comer of the plat of COUNTRY CLUB VILLAGE UNIT THREE, Plat ~ ", '.. -.-..--.- .- L ~ c::c ,n '" r-, ,., c:o ' . :'C ;'4~ ~ l'..) ~ .., ..., p ~ r' ~ ." :. en ~, c..., ,.; \ . r I Rvsd. 9/14/87 - 1 :34 PM Book 25. Pages 33 through 37. Public Records. Seminole County; thence N 58023'53- W along the West bcundary of said plat for 442.28 feet; '" thence N 01014'52- W along the West boundary of said plat, and along the~ J': West boundary of the plat of COUNTRY CLUB VILLAGE UNIT TWO. Plat Book ::: 23, Pages 78, 79 and 80, Public Records, Seminole County, Florida, for ~ 796.14 feet; thence N 10047'28- W along the West boundary of said plat, ~ and the West boundary of the plat of COUNTRY CLUB VILLAGE UNIT ONE, : Plat Book 22, Pages 4, 5 and 6, Public Records, Seminole County for 566.65 feet; thence continue along the Westerly boundary of said plat for the following courses: N 29058'16- W for 340.05 feet; N 61053'50- E for 526.07 feet: N 64055'36- E for 451.79 feet; N 04041'25- E for 82.96 feet to the point of curvature of a curve concave Southwesterly: Northwesterly along the arc of said curve, having a radius of 38.88 feet, through a central angle of 58050'48-, far 39.93 feet to the point of tangency; N 54009'23- W for 260.08 feet to the point of curvature of a curve concave Southwesterly: Northwesterly along the arc of said curve, having a radius of 102.22 feet, through a central angle of 38057'33-, for 63. 51 feet to the point of tangency; S 86053'04- W far 40.95 feet to the point curvature of a curve concave Northeasterly; Northwesterly along the arc of said curve, having a radius of 223.97 feet. through a central angle of 32030'11-, for 127.05 feet to the point of tangency; N 60036'45- W for 23.02 feet to the point of curvature of a curve concave Southerly; Westerly along the arc of said curve having a radius of 25.00 feet, through a central angle of 83015'10-, far 36.33 feet to a point of tangency with the South Right-of-Way line of Winter Springs Boulevard and a point of termination along said Westerly boundary of COUNTRY CLUB VILLAGE UNIT ONE; thence Southwesterly along said South Right-of-Way line, along the arc of a curve concave Northwesterly, having a radius of 1205.92 feet, a chord bearing of S 59026'50- W, through a central angle of 46037'34-, for 981.35 feet to the Point of Beginning. .". ....-. -. ....... ..,. . ..'................ L -1 . ..i..' ....... ~~. U'<<- co CJ r~ CD ~.~ too.J .. Q Q ... en ~ .,.. - ,ro I I ~J ,4 , r -, SL 141 E 9/8187 TUSCA WILLA GOLF COURSE #87315.0005 CD .u C/O n ,., "' ,., :l: :"'''': :; N .... ,... 1', ..... ~ 0 .., 0 .. r C") !~ U'1 ", AND EAST GOLF COURSE Portions of PHILLIP R. VONGE GRANT, Plat Book 1, Page 38, Public Records of Seminole County, Florida, and part of GARDENA FARMS, Plat Book 6, Page 23, Public Records, Seminole County, Florida; lying in Sections 7, 8, 17 and 18, Township 21 South, Range 31 East, City of Winter Springs, Seminole County, Florida, being more particularly described as follows: Beginning at the Northwest corner of the plat of TUSCAWILlA UNIT 7, as recorded in Plat Book 22, Pages 46 and 47, Public Records, Seminole County; thence N 87051'00" E along the North line of said plat for 285.67 feet to the West boundary of the plat of GREENBRIAR LANE, Plat Book 32, Page 32, Public Records , Seminole County; thence Northeasterly along said West boundary, along the arc of a curie concave Northwesterly and having a radius of 25.00 feet through a central angle of 90000'00", for 39.27 feet to the point of tangency; thence N 02009'00" W along said West boundary for 75.94 feet to the point of curvature of a circular curve concave Southwesterly; thence Northwesterly along said West boundary, along the arc of said curve, having a radius of 472.11 feet, through a central angle of 06034'54", for 54.18 feet to the East line of a 110 foot wide Florida Power and Light Corporation Easement as recorded in Official Records Book 174, Page 234 . 244, Public Records, Seminole County: thence N 31045'52" W along said East line for 2412.49 feet to the centerline 01 Howell Creek; thence Northeasterly along said centerline for the 'following courses: N 55048'42" E for 39.28 feet; N 13057'00" E for . 100.4.4 feel; S 65042'28" E for 53.92 feet; N 16008'27- E for 61.62 feet; N 29004'00" W for 34.04 feet; N 84028'41" E for 93.38 feet; N 40040'42" E for 61.28 feet; N 10010'05- E for 55.13 feet; N 81028'42" E for 61.22 feet; N 02038'26" W for 56.84 feet; N 31048'19" E for 91.69 feet; N 28009'35" W for 65.08 feet; S 76052'16" E for 74.79 feet; N 40001'25" E for 33.49 feet; N 40043'04" W for 40.96 feet; N 07008'54" E for 47.03 feet;. S 50010'05" E for 90.81 feel; N 03010'47" E for 47.03 feet; N 36044'06" E for 64.26 feet to a point of termination along said centerline of Howell Creek; thence S 26054'18" E for 364.56 feet: thence S 56017'36" E for 186.67 feet; then:e S ::2005'05" E for 167.53 feet; thence S 18031'15- E for 333,70 feet; thence S 13005'14" E for 426,26 , feet; thence S 23033'39" E for 353.84 feet; thence S 69024'09" E for te- 3' L -.J '..".. ---r.'~ii.r~:""71':O:--:;'_-, , ~,~''l:''':'1:'::..:~.;;~~)i_?,~-' -":. .. .. \ ~~.J .....,.. ~ "" L .~>t ~~,OI}. ..... :...,.. ~,(~" . ", ~'f .-;". . 'I . .r, ..,. "1 ~" . ,-. . '. r I 315.33 feet: thence S 31023'450 E for 652.31 feet: thence N 68002'370 E for 452.35 feet to the Northwest comer of the plat of FAIRWAY OAKS UNIT ONE, Plat Book 23, Pages 96, 97 and 98, Public Records, Seminole County; thence N 68002'370 E along the North boundary of said plat for 247.12 feet; thence N 75009'510 E along the North boundary of said plat for 643.68 feet: thence S 29033'070 E along the East boundary of said plat for 299.19 feet; thence S 53031'500 E along the East boundary of said plat for 231.34 feet; thence S 11043'320 E along the East boundary of - r- said plat for 317.70 feet to the North boundary of said plat of TUSCAWILLA UNIT 7: thence Northeasterly along the North boundary of said plat, along the arc of a curve concave So...theasterly and having a radius of 1258.15 feet, a chord bearing of N 66042'43- E, through a . central angle of 20020'510, for 446.81 .feet to the point of reverse curvature of a curve concave Northwesterly and lying along the North boundary of the plat of TUSCAWILLA UNIT 13, as recorded in Plat Book 29, Pages 1 and 2 of the Public Records of Seminole County; thence Northeasterly along the arc of said curve, having a radius of 1160.00 feet, through a central angle of 11043'08-, for 237.26 feet to the point of tangency; thence N 65010'00- E along the North boundary of said plat for 350.00 feet to the point of curvature of a curve concave Southeasterly and lying along said North boundary; thence Northeasterly along the arc of said curve, having a radius of 921.22 feet, through a central angle of 19050'20-, for 318.98 feet; thence N 05054'54- E for 612.03 feet; thence N 44059'440 W for 280.91 feet; thence N 66025'16- W for 470.11 feet; thence N 78011'130 W for 1038.42 feet; thence N 57016'570 W for 259.96 feet: thence N 34038'060 E for 299.31 feet; thence N 30055'51- W for 434.41 feet to the most Southerly comer of the Sewage Treatment Plant Site as described in Official Records Book 1027, Page 619, Public Records, Seminole County; thence N 12056'23- W along the Westerly boundary of said Tract for 100.00 feet; thence N 340"'57- W for 300.00 feet; thence continue N 34011'57" W for 250.87 feet; thonce N 52019'24- W for 809.11 feet to the centerline of a ditch; thence Northwesterly and Northeasterly along the centerline of said ditch, along the following courses; N 16048'350 E for 39.04 feet to the point of curvature of a curve concave Westerly; Northeasterly and Northwesterly along the arc of said curve, having a radius of 57.5~ feet, through a centra! angle of 82000'20-, for 82.31 feet to the point of tangency; N 65011'450 W for 389.00 feet to the point of curvature' of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 55.84 feet; through a central angle of 64009'40-, for 62.53 feet to the point of tangency; N 01002'050 W for 114.88 feet: N 22025150 E for 276.24 feet to the centerline of Howell Creek; thence Northerly along said centerline of Howell Creek, the following courses; It- 4 '. -... - ,- ~-"". -.. .- ~"," L --1 '" ,., ~ :; ,.. ,.. .... ? Q) ... c' (C '" ~ N Q Q .~ c:n :- .. c:n '" . ':-',~~i~~"':'::i::: J:f//ir:.'~)c::';::-' ,:.-,;-...;::~~:~~.'<]t~"'<;}~'iZ~1.: S-;C'T-:'-1" ~.. 1'" "":~"':-':"~' :I.,' :,t','",,' '~; ."...'.' -::.....: ... ", . , r.' \ : . '" "" .:.~ :~'f.,"', '.. :~ '. ,. r -, N 5 P59'49- E for 77.50 feet; S 76026'55- E for 72.69 feet; N 36007'55- E for 67.49 feet; N 17037'28- W for 70.78 feet; lit co N 29007'42- E for 14.49 feet to the South Right-of-Way line of Winter ~ ~ Springs Boulevard; thence Northwesterly along said South Right-of-Way ;..:. line, along the arc of a curve concave Southerly and having a radius of ::: 2292.44 feet, a chord bearing of N 81046'57- W, through a central angle ~ Q Q of 16023'18-, for 655.71 feet to the point of tangency; thence :- en l.~' N 89058'36- W along said South Right-of-Way line for 1285.51 feet; "4 ,,, thence S 00003'17- W for 335.25 feet; thence S 42031'59- W for 234.26 feet; thence S 52010'34- W for 307.52 feet; thence S 66037'28- W for 695.01 feet; thence N 54005'37- W for 287.98 feet, to the Southeasterly Right-of-Way line of Winter Springs Bo"levard; thence S 27028'26- W along said Southeasterly Right-of-W.ay line for 20.96 feet to the point of curvature of a curve concave Northwesterly, and lying along said Southeasterly Right-of-Way line; thence Southwesterly along the arc of said curve, having a radius of 1205.92 feet, through a central angle of 03059'26-, for 83.99 feet to the point of reverse curvature of a curve concave Easterly and lying along the Northeasterly boundary of the plat of COUNTRY CLUB VILLAGE UNIT ONE, as recorded in Plat Book 22, Pages 4, 5 and 6, Public Records, Seminole County; thence Southeasterly along the Northeasterly and Easterly boundary of said plat for the following courses: Southerly along the arc of the last described curve. having a radius of 25.00 feet, through a central angle of 92004'36-, for 40.18 feet to the point of tangency; S 60036'45- E for 15.31 feet to the point of curvature of a curve concave Northerly; Easterly along the arc of said curve, having a radius of 173.97 feet, through a central angle of 32030'11-, for 98.69 feet to the point of tangency; N 86053'04- E for 40.95 feet to the point of curvature of a curve concave Southerly; Easterly along the arc of said curve, having a radius of 152.22 feet, through a central angle of 38057'33- for 103.50 feet to the point of tangency; S 54009'23" E for 295.46 feet to the point of curvature of a curve concave Southwesterly: Southeasterly along the arc of said curve, having a radius of 67.62 feet, through a central angle of 58050'48-, for 69.45 feet to the point of tangency: S 04041'25- W for 58.94 feet; S 54005'37- E for 90.06 feet: thence S 31045'52- E along the East boundary of said plat of COUNTRY CLUB VILLAGE UNIT ONE, and along the East boundary of the plat. of COUNTRY CLUB VILLAGE UNIT THREE, for 1102.28 feet; thence S 58014'07- W for 155.39 feet; thence S 17004'38- E for 533.09 'feet; thence S 17004'38- E for 365.28 feet; thence S 31044'13- E for 465.84 feet to the Northeast corner of that certain parcel described in Official Records Book 1428, Pages 206 and 207, Public ReCords, Seminole County: thence along the East and SCluth boundaries of said parcel, the fo\lowil~g courses: S 31044'13- E for 300.00 feet; S 75052'42- E for 331.30 feet; 'Ct-.. L .J ~ n ~'.. s ~. ,"",~!c'"'!9.T~''' r-- S OP11'44-E for 418,79 feet; N70.29'34-W for 215.02 feet; S 79.44'00- W for 630.09 feet; S 36.44'30- W for 103.84 feet to the East boundary of the plat of WOOOSTREAM, as recorded in Plat Book 24, ~ Pages 97 and 98, Public Records, Seminole County; thence S 00.' 5'09" E ~ along said East bOIJndary for 244.83 feet to the North boundary of the plat:;' of WINTER SPRINGS UNIT 3, as recorded in Plat Book 17, Pages 89 and 90, !-2 Public Records, Seminole County; thence N 89.44'51" E along said North ;: boundary for 127.37 feet to the point of curvature of a curve concave Northerly and lying along the Northerly boundary of said plat; thence Easterly along the arc of said CUI''', having a radius of 20.289.77 feet. through a central angle of 01053'51-, for 671.95 feet to the point of tangency; thence N 87051'00- E along said north boundary for 448.73 feet to the Point of Beginning. LESS: From the Northeast comer of WINTER SPRINGS UNIT 3, as recorded in Plat Book 17, Pages 89 and 90, Public Records of Seminole County, Florida; run N 87051'00- E along an Easterly extension of the North line of said WINTER SPRINGS UNIT 3. a distance of 395.67 feet to a point on the East easement line of a Florida Power and Light Easement recorded in Official Record Book 183, Page 130, Public records of Seminole Cour.ty. Florida; run thence N 31045'52- W for a distance of 3674.63 feet; thence East 1426.66 feet to the Point of Beginning, said point being on the centerline of Howell Creek; run thence Northerly along said centerline of Howell Creek the following courses: run N 14031'15- E for a distance of 103.24 feet; thence run N 40031'18- E for a distance of 53.38 feet; thence N 0600S'17- E for a distance of 107.86 feet; thence run N 64020'12" E for a distance of 107.70 feet; thence run N 13.25'05- W for a distance of 160.26 feet: thence run N 21.36'4S- W for a distance of 84.60 feet; thence run N 24028'06" E for a distance of 51.90 feet: thence run N 06002'13" E for a distance of 79.25 feet; thence run S 42023'31" E lor a distance of 73.29 feet; thenctt run N 18047'34" E for a distance of 21.66 feet; thence leaving aforesaid centerline of Howell Creek run the following courses: run S 69018'41" E for a distance of 383.72 feet; thence run S 87037'08- E for a distance of 484.86 feet to a point on the Westerly Right-of-Way line of proposed Greenbriar Lane (60' RiW). said point being on a curve concave Easterly and having a radius of 626:89 feet, thence from a tangent bearing of S 22.30'36" W, run Southerly along the arc of said curve and said Westerly right-of-way line 239.42 feet through a central angle of 21052'56" to the point of tangency; thence continue Southerly along said Westerly right-of-way line the following courses: Run S 00037'40- W for a distance of 346.49 feet to the point of curvliture ! !-l't.-' L --1 .".', '..... co ... r,) (,CI " :-. po..) .. 0 0 -, - I- en ,., C1 p~ o " I I of a curve concave Westerly and having a radius 01 1572.82 feet and a chord bearing of S 11026'150 W: thence run Southerly along the arc of said curve 593.47 leet through a central angle of 2103T10. to a point; m=; thence run S 21049'280 W lor a distance 01 346.24 feet to the point of _. curvature of a curve concave Easterly and having a radius of 1395.11 feetj;, thence run Southerly along the arc of said curve 216.62 feet through a 8 central angle of 08053'470 to a point; thence leaving said Westerly right-:" of-way line. run S 86015'10. W for a distance of 153.49 feet; thence run!"" N 03043'120 W for a distance of 244.69 feet; thence N 40022'19. W for a distance of 310.63 feet: thence N 64051'040 E for a distance of 134.93 feet; thence N 3,.50'430 E for a distance of 146.58 feet; thence N 15031'52. W for a distance of 399.90 feet; thence N 40004'32. W for a distance of 122.77 feet; thence ~ 73044'330 W for a distance of 68.22 feet; thence S 51011'100 W for a distance of 90.27 feet; thence N 54026'46. W for a distance of 216.20 feet to the Point of 13eginning. LESS: From the Northeast corner of WINTER SPRINGS UNIT 3, as recorded in Plat Book 17, Pages 89 and 90 of the Public Records 01 Seminole County, Florida; run N 87051'000 E along an Easterly extension of the North line of said WINTER SPRINGS UNIT 3 for a distance of 395.67 feet to a point on the East easement line of a Florida Power and Light Easement recorded in Official Record Book 183, Page 130, Public Records Of Seminole County, Florida; thence run N 31045'52. W for a distance of 3674.63 feet; thence East 1426.66 feet; thence run S 54026'460 E for a distance of 216.20 feet to 'the Point of Beginning; thence run N 51011'10. E for a distance of 90.27 feet; thence run S 730<<'330 E for a distance of 68.22 feet; thence run S 74034'23. W for a distance of 140.91 feet to the Point of Beginning. LESS: Begin at the intersection 01 the Westerly Right-ol-Way line 01 Greenbriar Lane (60' RIW) and the Southerly line of BRAEWICK AT TUSCAWILLA, PHASE I, as recorded in Plat Book 37, Page 53 through 54 of the Public Records of Seminole County, Florida, run S 52019'240 E along a radial line and along said Southerly line for a distance of 60.00 feet to a point on a curve concave Southeasterly having a radius of 566.S9 feet; thence' run Southwesterly along the arc of said curve through a contral angle of 12055'39. for a distance of 127.91 feet; thence run S 6703TOS. E for a distance of 34.26 feet; thence run S 35033'460 'E for a distance of 1132.34 feet; thence run S 23018'52. E for a distance of 592.33 fElet; thence run S 71054'46. W for a distance of 184.01 feet; thence run (f-. L .-J 1 CD ... c (0 ~.: N Q Q ~, CT) .. -, , ':D If: t . . r- -, 9/1 S/87 - 10:S7 AM ,,' S 04017'52- W for a distance of 87.14 feet; thence run S 39028'43- E for a distance of 722.49 feet; thence run S 73012'02- E for a distance of 288.95 feet; thence run N 85020'31- E for a distance of 402.56 feet; thence run S 89035'29- E for a distance of 135.88 feet; thence run ~ N 63011'33- E for a distance of 180.55 feel; thence run S 59000'08- E 2 for a distance of 196.74 feet; thence run S 43057'50- E for a distance of ~ 183.81 feet; thence run S 08058'56- E for a distance of 93.96 feet; S thence run S 53046'20- E for a distance of 79.74 feet; thence run :.. S 06015'58- W for a distance of 121.12 feet; thence run S 68017'08- W r- for a distance of 417.24 feet: thence run S 81058'16- W for a distance of 763.79 feet; thence run N 22015'35- W for a distance of 478.46 feet; thence run S 89017'52- W for a distance of 774.22 feet; thence run S 59.041'12- W for a distance of 274.66 feet; thence run S 46008'35- W for a distance of 280.40 feet; thence' run N 15025'14- W for a distance of 391.42 feet: thence run N 53028'50- W for a distance of 243.05 feet: thence run S 52.04'07- W for a distance of 164.22 feet; thence run N 66051'36- W for a distance of 32.51 feet to a point on a curve concave Northwesterly having a radius of 1200.24 feet an a chord bearing of S 17029'44- W; thence run Southwesterly along the arc of said curve through a central angle of 06012'14- for a distance of 129.96 feet to the Northeasterly corner of GREENBRIAR LANE, as recorded in Plat Book 32, Page 32 of the Public Records of Seminole County, Florida: thence run N 69024'09- W along a radial line and the Northerly line of said GREENBRIAR LANE for a distance of 60.00 feet to a point on a curve concave Northwesterly having a radius of 1140.24 feet, said point being the Northwesterly comer of said GREENBRIAR LANE; thence run Northeasterly along the arc of said curve through a central angle of 06040'05- for a distance of 132.70 feet; thence run N 66051'36- W for a distance of 42.98 feet; thence run N 01021'28- E for a distance of 453.26 feet: thence run N 12049'23- W for a distance of 176.73 feet; thence run N 86015'10- E for a distance of 153.49 feet to a point on a curve concave Southeasterly having a radius of 1395.11 feet and a chord bearing of N 17022'34- E; thence run Northeasterly along the arc of said curve through a central angle of 08053'47- for a distance of 216.62 feet; thence run N 21049'28- E for a distance of 346.24 feet to a point on a curve concave Northwesterly having a radius of 1572.82 feet and a chord bearing of N 11026'15- E; thence run Northeasterly along the arc of said 'curve through a central angle of 21037'10- for a distance of 593.47 feet; 'thence run N 00037'40. E for a distance of 346.49 feet to a point of curvature of a curve concave Southeasterly having a radius of 826.89 feet; thence run Northeasterly along the arc of said curve through a central angle of 37002'56- for a distance of 405.36 feet to the Point of Beginning. . r~/ L ..J ,- l' V CD ,.. ., cc ,... :"..... N " ,. Q Q :-.- ..... '='" ":) 111 . ,to .,....,.....tl..I~. :.:'.,~t'o;:;i;'~\i;--"<;,, I I Together containing 243.694 acres more or less and being subject to any rights-ot-way, restrictions and easements of record. = In CIt c:> "' CO Q~ - ... " !e N C> ,... ft~ .... n ". p Q ... Q -:t .~.: : ..... :.... . ,., ,r; vI q . ."h.__.__ ......___-..~-.. L .J L~ .f :""...:,..__ \