HomeMy WebLinkAboutBattle Ridge Companies Second Addendum CERT. -2003 06 06
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Prilpared by and return to:
Anthony A. Garganese, Esquire
Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
MARYANNE MORSE, CLERf< OF CIRCUIT CWRT
SEMINOLE COUNTY
BK 04863 PG 1635
CLERK'S # 2003100659
RECORDED 06/13/2003 01147118 PM
RECORDING FEES 15.00
RECORDED BY L McKinl.y
Second Addendum
Annexation and Pre-Development Af!reement
This Second Addendum is made and entered into the 10th day of June, 2003, by and
between the undersigned parties, as follows:
Witnesseth:
WHEREAS, the City of Winter Springs. and Battle Ridge Companies, Inc. previously
entered into that certain Annexation and Pre-Development Agreement, dated January 26, 1998,
and a First Addendum to Annexation and Pre-Development Agreement was executed on June 25,
2002, to build a high quality residential development with municipal services (collectively
referred to hereunder as "Agreement"); and
WHEREAS, Engle Homes/Orlando, Inc., a Florida corporation, IS the successor in
interest to the Battle Ridge Companies, Inc. ("Owner"); and
WHEREAS, subsequent to the execution of the Agreement, the City has annexed real
property into the City of Winter Springs that is immediately adjacent to the eastern boundary of
the Property; and
WHEREAS, at such time the adjacent properties are developed they will require potable
water and sanitary sewer services which wi11likely be extended from the Property; and
WHEREAS, extending potable water and sanitary sewer services to the adjacent
properties is consistent with and supported by the City's Comprehensive Plan; and
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good
and valuable considerations, the receipt and sufficiency all of which is hereby acknow~edged, the
parties desire to be legally bound and agree as follows:
1.0 Section (7) (E) (4) of the Agreement is amended to read as follows (strikeout
words are deletions and underlined words are additions to the original text):
The Owner will design its internal road network to preclude connection to
adjacent properties to the east. To fi:H1her aBStif'e that the road system is not
60IlB0etea to future developmems to the east, Developer will dedicate on the plat
or by separate recorded instrument ten feet of property on the east property line of
CERTIFIED COpy
Page 1 of 3 MARY ANNE MORSE .
ClERK OF CIRCUIT COUIff
. SEMI . LE C% . IUDA
.. n
JUN 1 3 2003
FILE NUM 2003100659
OR BOOK 04863 PAGE 1636
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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 shall be those necessary to effectuate any type of scenic trail, as
expressly authorized by Owner, and the improvements required by the City to
install utilities across the preserve area. Owner shall dedicate a utilities easement
to the City in a form deemed acceptable to the City.
2.0 All other provisions contained in the Agreement which are not amended by this
Second Addendum shall remain unchanged and sliall continue to be in full force
and effect.
3.0 This Second Addendum shall be recorded in the Public Records of Seminole
County and shall be binding on the Property and shall run with the land.
WI~.. . SES:
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Print Name: ~~~(Lr
ANIEL 1. ROBERTS, VICE PRESIDENT
STATE OF FLORIDA
COUNTY OF ORANGE
Subscribed and sworn to before me, the undersigned Notary Public, this ~ day of
June, 2003, by DanielL. Roberts, Vice President of Engle Homes/Orlando, Inc., a Florida
corporation, Owner, who is X personally known, or has produced
as identification.
~~~
Notary Public
..~~!/.~~" . An~o Stohl
t(~"};i MYCOMMISSIONI 00111636 EXPIRES
. ......4.. May 3, 2006
Page 2 of 3 "-l",Rr.,i"\I..... BONDED THRU TROY FAIN INSUI!ANC~ INC.
FILE NUM 2003100659
OR BOOK 04863 PAGE 1637
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STATE OF FLORIDA,
COUNTY OF SEMINOLE
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Subscribed and swore to before me, the undersigned Notary Public, this l~ day of
9 UV\.1I ,2003, by John F. Bush, who is personally known.
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Notary Public
A ~ Deborah L Gnlelpla .
*ii * My Commission CC9208lI8
"'".,,'/ ~res March 21, 2004
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