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Home My WebLink About1996 06 24 Regular Item A .i COMMISSION AGENDA ITEM A REGULAR X CONSENT INFORMATIONAL June 24. 1996 MGR !?tJlV/ /DEPT.~ Meeting Authorization REQUEST: Land Management Division requesting Commission approval of the Planning and Zoning Board Recommendation for approval of the Preliminary Engineering/Final Development Plan for Lake Jesup Property. Further, the developer has requested, and the Planning and Zoning Board has recommended approval for a reduction in density from one hundred sixty-six (166) multi-family units to thirty-one (31) single family units. PURPOSE: The purpose of this Board Item is to approve the Preliminary EngineeringlFinal Development Plan for the Lake Jesup Property. In conjunction with this action, the developer has requested a reduction in density from one hundred sixty-six (166) multi-family units to thirty-one (31) single family units. Approval action will allow the developer to proceed with the next stage of the review process, Final Engineering. The subject property is located at the northern terminus of Tuskawilla Road, on the east side of said Tuskawilla Road, and south of Lake Jesup. The Planning and Zoning Board, because of no objection or addition of stipulations, authorized the Land Management Specialist to present their recommendation to the City Commission without approved Planning and Zoning Board minutes. APPLICABLE CODE: Section 20-355(11) .~ June 24, 1996 AGENDA ITEM A Page 2 City commission review: The city commission shall review the final development plan and the recommendations of the staff and the planning and zoning board. The commission shall then either approve, approve with modifications, or deny the request for final development approval, stating the factual reasons for such action. In reviewing the final development plan, the planning and zoning board and the city commission shall make findings of fact upon the following: a. Whether there is substantial compliance with the intent and purpose of the PUD district and the approved preliminary development plan. b. Whether the phase of development in question can exist as an independent unit capable of creating an environment of substantial desirability and stability. c. Whether existing and proposed utilities and transportation systems are adequate for the population proposed. .Section 9-49. Approval of preliminary plan to be construed only as authority to submit final plan. Approval of the preliminary plan shall be construed as authority for submitting a final plan in accordance with this chapter. Approval of the preliminary plan by the city council shall not be construed as authority for the sale of lots in reference to the preliminary plan, nor as authority for obtaining building permits, nor for the recording of a plat, nor for the installation of required improvements. Ordinance No. 489 (.....ADOPTING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND THE WINTER SPRINGS DEVELOPMENT JOINT VENTURE; PROVIDING FOR A DEVELOPMENT ORDER, AMENDING ANNEXA TION ORDINANCE NO 64; .....) Official Record Book 2277 Page 0464, Official Records of Seminole County, Florida Settlement Agreement, Paragraph 4, Page 4 - The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum .} June 24, 1996 AGENDA ITEM A Page 3 allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the right to request minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis to not exceed those set forth above, subject to the applicable provisions of the City Codes. Settlement Agreement, Paragraph 14, Page 6 - In order to develop the Remaining Property, WSDJV shall be required to comply with the applicable City Codes, it being the intent of this Agreement that this Agreement constitutes a revision to the approved map and master plan of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, the remaining approvals necessary consist only of site plan, final development plan or plat approval and preliminary and final engineering approval, as provided by the aforedescribed City Codes regarding Planned Unit Developments and specifically Chapter 20, Article IV, Division 2, Part A, which applies to the Remaining Property. Settlement Agreement, Paragraph 19, Page 7 - The rights and obligations of WSDJV hereunder are fully assignable and transferable, including but not limited to, in the event any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall look solely to such transferee or assignee for the performance of all obligations, covenants, conditions and agreements pursuant to the terms of this Agreement CHRONOLOGY: September 5, 1995 - Preliminary EngineeringlFinal Development Plan submitted April 2, 1996 - Staff Review on project June 5, 1996 - Planning and Zoning Board Meeting FINDINGS: 1. The Staff has found this project to be in general compliance with Code requirements, the intent and purpose of the PUD District and the Settlement Agreement :) June 24, 1996 AGENDA ITEM A Page 4 2. The Staff has found that this phase of development can exist as an independent unit capable of creating an environment of substantial desirability and stability 3. The existing and proposed utilities and transportation systems are adequate for the population proposed. Seminole County has jurisdiction over the improvements required for Tuskawilla Road. The City will have input in the design of the improvements. 4. The dictates of the Comprehensive Plan do not apply to this project because of the Settlement Agreement. The Department of Community Affairs commented in the Objections, Recommendations and Comments (ORC) Report issued in reference to the June 12, 1993 Large Scale Comprehensive Amendment of the City of Winter Springs: ".....DCA does not agree that law suit settlements over-ride Comprehensive Plan Policy, however, there is not anything a city can do about a court ordered settlement. II 4. This will be a private, gated community. 5. The developer has requested a decrease in density in accordance with Ordinance No. 489 and the Settlement Agreement accompanying the Ordinance. The decrease requested is from one hundred sixty six (166) multi-family units to thirty one (31) single family units. The Commission previously approved a similar request when The Reserve at Tuscawilla (addressed as Parcel 80 in the Settlement Agreement) requested that the density be reduced from a potential one thousand four hundred eighty (1,480) multi-family units to a maximum ninety two (92) single family units. 6. The Planning and Zoning Board, at their meeting of June 5, 1996, recommended that this project be forwarded to the Commission for approval. The Planning and Zoning Board further approved that this project be allowed to go forward without the minutes of the June 5, 1996 meeting being presented to the Planning and Zoning Board for approval. 7. The Commission has, in the past, requested that a reserve fund be established for the Homeowners' Association for use once the developer relinquishes control of the association. This reserve fund is addressed on Page 36, Paragraph 10.7 of the Covenants. -. June 24, 1996 AGENDA ITEM A Page 5 CONCLUSION: The Staff and the Planning and Zoning Board have found this project to be in general compliance with applicable law and requirements_ RECOMM.ENDA TION: It is recommended that the Commission make findings offact that this project: 1) is in substantial compliance with the intent and purpose of the PUD district and the approved preliminary development plan; 2) is capable of existing as an independent unit capable of creating an environment of substantial desirability and stability; and, 3) that the existing and proposed utilities and transportation systems are adequate for the population proposed. Once the findings of fact are declared, it is further recommended that this project be approved and the developer proceed with the final engineering. ATTACHMENTS: June 6, 1996 - Verbatim motion of the Planning and Zoning Board as it relates to the Lake Jesup Property June 5, ] 996 - Planning and Zoning Board Agenda Item, Staff Report April 3, ] 996 - Staff Review Minutes with accompanying Staff comments November 2, 1995 - Morgan Environmental Consulting, Environmental Status Report Lake Jesup Property and accompanying correspondence July 23, 1990 - Ordinance No. 489 and accompanying Settlement Agreement :~ June 24, 1996 AGENDA ITEM A Page 6 COMMISSION ACTION: - Declaration of Covenants, Conditions, Easements and Restrictions - Sheet 1 of Preliminary EngineeringlFinal Development Plan depicting subdivision layout N T E R MEMO OFF C E To: From: Subject: Date: Don LeBlanc Martha Jenkins Verbatim Motion June 6, 1996 The following is the verbatim motion you requested which was passed at the June 5, 1996 P & Z Meeting regarding the Lake Jesup Property Subdivision. Motion: The P & Z Board recommends this project to the City Commission for approval based upon staffs recommendations, and subject to the staffs comments which will be included with the package to the City COJIlmissioners. We did not swear the witnesses under oath, but I do believe since there's no one else present in chambers, for the record, that they would not be subject to cross examining in any event, and I take their word as professionals and honest men that they have made honest statements to us this evening, and I do find that this would be a better development that was initially outlined in the settlement agreement, less dense, and it does from the paperwork that I have reviewed from the St. John's Water Management District and Department of Environmental Protection that they are satisfied that they have complied with the jurisdiction requirements of those districts and/or that the final engineering plans will make sure that they do comply. Motion by Fernandez. Second by Hopkins. All Ayes. Motion Carried. .;'~ i \. f- CITY OF WINTER SPRINGS, FLORIDA 1126 eAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development PLANNING AND ZONING BOARD AGENDA ITEM: II. LAKE JESUP PROPERTY SUBDIVISION STAFF REPORT: BACKGROUND: A meeting was held by the Staff Review Board on April 2, 1996 to review the Preliminary:. Engineering of the Lake Jesup Property Subdivision. i' The proposed subdivision is basically located on the east side of Tuscawilla Road (formerly Brantley Ave.) where it meets Lake Jesup. The plan, as presented, is for a thirty-one (31) lot single-family subdivision on 21.15 acres with a density of 1.47 DU/acre. Sewer and Water service to be provided by the city. ANALYSIS: Attached for your perusal are the comments of the site Plan Review Board given to the developer. Also included is the EnvironmentaL Status Report on the Lake Jesup Property. Please refer to attached Staff comments (copies given to L. Townsend) which were discussed. Items noted will be addressed at Final Engineering submission. . Developer's representative notified that which must be fulfilled prior to Planning and Zoning Board presentation are: 1) Submission of corrected covenants; and, 2) Decision on the design of the road (county states that if the road is swaled, then an additional fifteen (15) foot right-of-way must be dedicated - see attached county letter) . STAFF RECOMMENDATION: Staff Review Board recommended forwarding the' proj ect to the Planning and Zoning Board for their review .. ~ .. April 3, 1996 To: City Manager General Services Director Staff Land Managemenl speCialiS~ From: Re: Staff Review, Preliminary Engineering Lake Jesup Property The above referenced was held on April 2, 1996. K Wilkinson, L Townsend and 1. Morgan represented the project. Staff members present were Grimms, Jenkins, Ketteringham, Lallathin, LeBlanc, Lockcuff and Sexton. .' Please refer to attached Staff comments (copies given to L Townsend) which were discussed. Items noted will be addressed at Final Engineering submission_ That which must be fulfilled prior Planning and Zoning Board presentation are: 1) submission of corrected covenants; and, 2) decision on the design of the road (County states that if the road is swaled, than an additional fifteen (15) foot right of way must be dedicated - see attached County letter). Motion by Lallathin that this project be forwarded to the Planning and Zoning Board for their review, seconded by Grimms. All voted aye. cc: L Townsend (FAX w/o attch) " MEMORANDUM TO: Don LeBlanc, Land Management Specialist FROM: Don W. Houck, Building Official (fl. ~ RE: Lake Jesup Property DATE: April 2, 1996 . My comments are as follows: 1) Finish Floor Elevations need to be on fmal engineering. 2) Lot type of drainage needs to be shown on fmal engineering. 3) Are there plans for a subdivision wall, fence, boundaries? (Plans show 4 foot barbed wire fence on a side of the property and just a section of wall at the entrance). 4) Regarding the isolated wet lands (lot 5) - do you have consent from the St. John's Water Management District to build? If so, documentation needs to be provided for buildable lots. DWH/alll D WH/landrnana/0034 r Community Development CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 :MEMORANDUM TO: Don LeBlanc, Land Management Specialist FROM: DATE: RE: Thomas Grimms, AICP Community Development coordinatorc:y ~ April 2, 1996 . Lake Jesup Property I have no objections to the latest revisions and overall project as proposed. .; April 2, 1996 MEMO FOR RECORD From: Don LeBlanc, Land Managemenl Specialisl @? Re: Proposed Covenants for Lake Jesup Property On January 8,1996 I sent to DwightD. Saathoff my review comments on the proposed covenants presented to the City for this property. As of this date I have received no reply. These covenants must be presented to the Commission for their review at preliminary engineering. i WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT Aprill, 1996 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 TO: Don LeBlanc, Land Management Specialist Kipton Lockcuff, P.E., Utility Director j)t-- FROM: RE: Preliminary Engineering for Lake Jesup Property We have reviewed the preliminary engineering for the Lake Jesup Property signed and sealed February 29, 1996 and have the following comments: 1. The proposed Utility Easement on the Winter Springs High School property will have to be conveyed prior to the DEP :water certification. The configuration is acceptable. 2. Please rotate the 8" X 8" tee so that the 8" stub to the south is parallel to Tuskawilla Road instead of perpendicular. 3. Water and sewer capacity has not been reserved for this project but is available. Fees will be due at the time ofDEP permitting. 4. I would suggest that a dedicated access be provided to the lake/conservation area so residents within the development other than the lakefront owners have access for fishing. 5. When the plat is generated, the property line limit on the lake side should be the ordinary high water line as property below the OHWL is sovereign lands. 6. The City may want to participate in cost sharing to upsize a portion of the force main. This will be determined during final engineering. The aforementioned comments are minor in nature and can be incorporated into the final engineering. I recommend approval of the preliminary engineering for the Lake Jesup Property. File FIRE DEPARTMENT 102 NORTH MOSS ROAD WINTER SPRINGS. FLORIDA 32708 TELEPHONE (407) 327-2332 FIRE AND RESCUE SERVICES MEMORANDUM To: From: Date: Subject: Donald LeBlanc, Land Management Specialist Timothy J. Lallathin, Fire Chief --.J~ ;I /~ March 29, 1996 _ Staff Review Lake Jesup - Property to ~ The Fire Department has reviewed the revised plans on the above referenced property as submitted on Feb. 29, 1996. The Department has no objections to the plans as submitted, however, the following comments are offered. · No land clearing burning has been authorized in the City since direction from the City Commission issued on September 25, 1995. · The entrance privacy gate will require a separate public safety receiver that will be controlled by the City for entrance purposes. The City will also require the developer to supply the City with the keypad entrance code to the community, and the homeowners association must notify the City of any changes of the code. No additional comments are required at this time. cc: Deputy Chief O'Brien CITY OF WINTER SPRINGS, FLORIDA - 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 March 15, 1996 Charles M. Madden, P.E. Allen Madden Engineering, Inc. 3670 Maguire Blvd. Orlando, FL 32803 RE: Preliminary Engineering Review - Lake Jesup Property. THIRD SUBMITTAL, Seal Date February 29, 1996. Dear Charley: i' The revised Preliminary engineering plans and Soils Report were received on February 29, 1996. A review of these documents found them to be acceptable, except for the dimensions shown in the cul-de-sac detail on sheet 2 of 3 of the engineering.plans.. .~ec. 9-152(a) of the Land Development Code (LDC) requires cul-de-sacs to have a right-of-way diameter of 100 feet and a pavement diameter (including Miami curb) of 80 feet. You may make the above correction on the sets of you will submit for the Planning & Zoning meeting. I corrected copy at that time. No Preliminary resubmittal to this department, with subsequent necessary. plans that will need.a Engineering review, is The Preliminary Engineering was found to be in general compliance with See, 9-46 of the LDC. If you have any questions, pl~ase give me a call at -327-8397. SincerelY'd: /j~ . \ / r;/~t~/: ~~ . Mark L. J e ; ins, P. E-. --.,. City Engineer cc: City Manager Land Management Specialist utility Director Charles Madden FAX# 897-1462 TO: Don LeBlanc, Land Management specialist FROM: Charles Sexton, Chief of Police DATE: March 4, 1996 SUBJ: The Lake Jessup Property February 26, 1996 Revision. 23-96 I have received the memo and inspected the proposed plans for Lake Jessup Property Revision. I have no comments at this time. ~4 - Charles :::on Chief of Police Semino{e County Government PI'"";"g ~d Dml"pmm D'p'''m,"' 1101 Em' Fin< S'reo< S," ""d Fl 32 771.1468 T'I'ffi)"rpaiWJE ~ .'0.9<94 March 25, 1996 . P 1I] Donald leBlanc, land Management Specialist City of Winter Springs 1126 East State Road 426 Winter Springs, Florida 32708 MAR 2 7 1996 CITY OF WINTER SPRINGS _ Land Management Re: lake Jessup Property, City of Winter Springs (Preliminary Plan) Gentlemen: The County Staff have no objection to the above referenced Preliminary Plan subject to the following conditions: 1) Proposed access shall align with Orange Avenue or meet off-set requirements (200'). . 2) Tuskawilla Road shall be paved (24' wide) in conformance with Seminole County Design Criteria from its present terminus, north to the proposed project entrance. 3) A 5' sidewalk shall be installed along the property frontage. 4) Dedication of additional right of way on Tuskawilla Road to provide a 40' half. _. 5) Lots 10-12 shall not be platted into the existing drainage ditch. 6) Ditch along the south property line shall be encumbered by a Tract, not an easement (lots 22,23,26-31). - Jc o.wv-l Should there be any questions concerning this matter, please contact me at the number above, extension 7342. Sincerely SEMINOLE COUNTY Y(LJ(L \ ~~\. ~ c-v..{L. b e., ~W~ e. S -e.<:.:~ e^o. '-/L /a/71Z . / ~?~??~ /' e::;affi2-v' Thomas Radzai ,> Civil Engineer c: Charles Madden, P.E. Allen Madden Engineering, Inc. Orlando, Florida 32803 (407) 897-1443 (voice) - (407) 897-1462 (fax) Ce-ll ~al~a-\ (!) lb 10 .a'\A 7/~1(~~ "', '...,.n.....,.....:.,...,.'..:. . . , ' . { Mblgan Environmental Consuhl.ng 300 North C.R. 427 - Suite 214 Longwood, Florida 32750 November 2, ] 995 Mr. Charl i e Madden, P.E. Al len-Madden Engineering, Inc. 3670 Maquire Blvd. Suite 105 Orlando, Fl~rida 32803 Re: Environmental Status Report Lake jessup Property Dear Charl ie: Per your request, a deta i 1 ed Env ironmentaJ Status Report is attached for your r.eview. This report incl'udes information relating to listed species of wildlife and plants, as well as a review of wetland issues relating to this property, following a thorough analysis of the site. If you have any questions regarding the contents, please contact me or my associate at our office. Thank you. Sincerely, ~6L hnGZ-1 1i?- Jim Morgan, President Morgan Environmental Consulting Orlando (407) 260-0448 · Volusia (904) 738-0633 · Fax (904) 943-9065 ~ ',' '. . ,:,\~,,:.:'''... -, ,:.l: .:_'; w" ,..)~_ ;,,; .::;~~L .~,;.~~ h::: ~ .~'~ '" ~:'I t~'\:~j~ . ,'"~"_": :,; "''/. (~~'" '.:. .. '..: I: ~ 7... ", :. , '".t.!: l~; ~: W';:: -- ( . ,t, ~'. "'-'''~\ , \' ENVIRONMENTAL STATUS REPORT LAKE JESSUP PROPERTY SITE EVALUATION The subject property is an approximately :!:21 acre tract with lake frontage on Lake Jessup that fronts on the east side of Brantley Drive, approxi mate Iy one-ha 1f mil e north of S tate Road 434 The site 1 i es in Section 31, Township 20 South, Range 31 East of Seminole County. The majori ty of the uplands associ ated with the subject site consi st of orange grove, with the rem a i nder be i ng dom i nated by Live Oak and Southern Magno 1 i a. With regards to wet lands, a 11 systems have been reviewed by staff from thE;. St. John's River Water Management District (SJRWMD) and the US Army:Corps of Engineers (ACOE). On April 25, 1994, all on-site wetlands were reviewed by Curtis Hardman of the SJRWMD. Two wetland systems were claimed as jurisdictional by Curt i s. The first system cons i sted of wet 1 ands assoc i a ted with the shoreline of Lake Jessup. This system was flagged and labled MEC lOl- I 03(A-H)-j 04-1 07(A-C) and is dominated by Cypress and Sweetgum in the canopy. Connected to this system is an agricultural ditch that originates from an old pump basin located in the central portion of the orange grove. With regards to this ditch, Morgan Environmental Consulting (MEC) met on- site with Curtis Hardman on July 5, 1995 to review the possibilty of excluding this area from requiring a Dredge and Fill Permit. It was concluded that the agricultural ditch was indeed an upland cut ditch that met the Ditch Block Exemption Rule and would therefore not be included as wetlands. The second wetland system reviewed consisted of a small, isolated wetland located in the south central portion of the site. This system was flagged and Jabled MEC 201-210 and is dominated by Wax Myrtle and Chain Fern. All flag points were reviewed and, after recommended changes were made, agreed upon. (During his July 5, 1995 field visit, Curtis Hardman reviewed all old flag pOints and concluded that they were still acceptable as they currently stoodJ . . ( ,. \ Envjronmental Status Report Lake Jessup Property November 2. 1995 Page 2 On September 1, 1995, al lon-site wet lands were reviewed by El iZCl.beth B.ishop of the ACOE. She agreed to the flag points associated with the ] i ttora I zone of Lake Jessup, as revi ewed and accep ted by Curt is Hardman. She did not, however, claim the agricultural ditch as jurisdictional. Nor did she claim as jurisdictional the small, isolated system located in the south central portion of the site. WILDLIFE ANALYSIS In April of 1994, the Lake Jessup Property was extensively analized to determine the extent of utilization by wildlife, with speCial emphasis given to endangered, threatened, or speci a 1 concern spec i es, as 1 is ted by the Florida Game and Fresh Water Fish Commission CFG&FWFC) and the US Fish and Wildlife Service CUSF&WS). Because of the large eagle population known to exist in the Lake Jessup area, a helicopter was chartered and an aeri a 1 survey of the subject property and its' adj acent parce 1 s was perform ed. In addition, mult ip 1 e transects of the property were performed for the purpose of identifying any additional species that may exist on- site. No species of wildlife listed as either being endangered, threatened, or of special concern was observed residing within or utilizing this property. Also, no species of plant listed as being rare, endangered, or commercially exploited was observed within the boundaries of the Lake Jessup property. , i" . '. , ".. "'I"'''''''' :1'.' t '..,' ~;'-'! \ .:f .0.1 i . ( Morgan Environmental ConsultIng 300 North c.R. 427 - Suite 214 Longwood, Florida 32750 November 2, 1995 Mr. Charl i e Madden, P.E. Allen-Madden Engi neering, Inc. 3670 Maquire Blvd. Suite 105 Orlando, Florida 32803 Re: Addendum - Threatened and Endangered Speci es Survey Lake Jessup Dear Charl ie: Due to the vast amount of time that has expired since the initial Threatened and Endangered Speci es Survey was performed in Apri 1 of 1994, it would most 1 ikely be beneficial to perform a quick review of the subject tract A he 1 i copter charter woul d not be necessary though, only a few transects across the property. If you have any questions, please contact me or my associate at your convenience. Thank you. Sincerely, /' 0 '--:7rB?r\eN- MtG2- (CtL / Ji m Morgan, Presi dent Morgan Environmental Consulting Orlando (407) 260-0448 · Volusia (904) 738-0633 · Fax (904) 943-9065 MOfban Environmental ConsultClg 300 North C.R. 427 - Suite 214 Longwood, Florida 32750 ) I Mr. Thomas Grimms - AICP Community Development Coordinator Cith of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 October 21, 1995 Dear Mr. Grimms: Re: Lake Jessup Property Responses to 9-18-95 Memo The following are in respon~~ to your memo to Mr. Don LeBlanc, pertaining to the Richland Tuscawilla, Ltd., tract, known as the Lake Jessup Property. All responses follow the numerical sequence of your memo. 1. The recently completed survey of the tte1d identified isolated wetland shows this wetland to be within the bour,daries of Lot 5, rather than Lot 25. This isolated system has been field flagged and confirmed by representatives of the St. John's River Water Management District and the US Army Corps of Engineers.. The size of the isolated system is 0.127 acres. Based upon applicable threshholds, neither the SJRWMD nor the COE will require any mitigation for the elimination. of this isolated system. Representatives of both regulatory agencies reviewed this area and concluded this to be a marginal wetland system of little significance. The COE office concluded it does not even qualify as a viable wetland. The marginal condition of this isolated depressional wetland system is expected to have an adverse impact on the proposed residential neighborhood, if preserved. It is reasonabfy expected to be a source of nuisance wildlife and insects, and will be an eyesore, as it is dominated by undesirable species of vegetation. All significant viable wetland areas f claimed by the regulatory agencies are to be preserved in their natural state. The second portion of this question is no longer applicable, now that a survey of the identified edges of this wetland has been completed, showing it to lie almost totally within the boundaries of Lot 5. Orlando (407) 260-0448 · Vol usia (904) 738-0633 · Fax (904) 943-9065 ~ , ,,- (~. .,. Mr. Thomas Grimms Lake Jessup Property.. October 21, 1995 Page 2 2. All designated wetlands along the shoreline of Lake Jessup, as confirmed by the staff of the SJRWMD and the US Army COE, are to be preseNed. 1 I 3. The proposed Lots 20 and 21 are not within the jurisdictional wetland boundaries established by the SJRWMD and the US A~my COE. My office has coordinated the. jurisdictional lines with staff of these agencies, and have field identified the confirmed wetland lines for sUNey purposes. The confirmed survey shows the boundaries of these lots to be landward of the approved,.jurisdictional lines. No excavation or filling waterward of the approved wetland jurisdictional lines is anticipated or proposed. If you have any additional questions, please contact me at your convenience. Thank you. i cere'Y'l .~ ~ vl&Jfl^- J m Morgan, ~resident organ Environmental Consulting 1 I cc: Mr. Curt Wilkinson 1 I ... .,.. ,. .. ...:::1 J:..,,,.,,, I,~.. REPLY TO A rTENTlON OF DEPARTMENT OF THE ARMY JACKSONYILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE, FlORIDA 32232-0019 October 3, 1995 Regulatory Branch Atlantic Permits Section Merritt Island Field Office 1995-05694 (JF-EB) JURISDICTIONAL Mr. Jim Morgan Morgan Environmental Consulting 300 North C.R. 427, Suite 214 Longwood, Florida 327.50 Dear Mr. Morgan: Reference is made/to your request for a jurisdictional validation, submitted"on behalf of Richland (Lake Jessup), and the follow up field inspection performed by the undersigned. Enclosed is a blueline survey showing the approximate Department of the Army jurisdiction of the property in question.. The property is located adjacent to Lake Jessup, in Section 31, Township 20 South, Range 31 East, Seminole County, Florida. A Department of the Army permit will be required in areas marked as wetlands or waters of the United States. The jurisdictional determination has been assigned number 1995-05694 (JF-EB) . Please refer to this number in future correspondence. Please be advised that the jurisdictional delineation shown is based on the Corps of Engineers Wetlands Delineation Manual (1987) and is valid for a period no longer than five years from the date of this letter. If after the five-year period, this jurisdictional delineation has not been specifically revalidated by the Corps of Engineers, it shall automatically expire. Any reliance upon jurisdictional correspondence beyond that time frame may lead to incorrect planning and design efforts, as well as possible violation of current Federal laws and/or regulations. You may revalidate or update the juri.sdictional delineation as appropriate for your project duration. Any revalidation or updating will then reflect current Federal laws. You are cautioned that work performed below the mean high water line or ordinary high water line in waters of the United States, or the discharge of dredged or fill material into adjacent wetlands, without a Department of the Army permit could subject you to enforcement action. ./ l-- (, ( . -2- You also submitted a permit application on September 6, 1995. According to this application, no Corps jurisdictional wetlands will be impacted by the proposed project. Since the propose~ project will not impact any wetlands and or waters of the United States, a Department of the Army permit will not be required for the project as shown in the application. Thank you for your. cooperation with our permit program. If you have any questions concerning this matter please contact the undersign~d at the letterhead address or by telephone 407-452-8813. Sincerel , i 0 .zabethj~ishOP proj ect ~;~g~r --. (0" CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development lVlliMORAJ.'IDUM TO: .Don LeBlanc, Land Management Specialist FROM: Thomas Grimms, AICP Community Development coordinato~ September 18, 1995 DATE: RE: Lake Jessup Property - Preliminary Engi~eering 1.,; :;:"Proposed Lot...25."encompasse's approximately. 8.5%:. of.~.a..:.wetland. '( ,.... ~ -. - . .S~ Policy 3)g. under Objective A) of Goal 2) of the Future Land ;1 Use Element of the City'S Comprehensive Plan indicates: \ (>..) .t. ... No new individual lots or parcels shall be created after the adoptio~ of this plan that consist of such a high proportion of wetlands that development .of the lot is impossible without filling or other disturbance of those wetlands. c::..v, )~ Therefore, in accordance with this POlicy,)t.i.is,recommended.x J;:f:p.at',', proposed. Lot .,:: 25 . not be.::.- developed" b\.!t.:" remain-;-. as",.an /,;~"undisturbed.- wetland ~i'. ..... ...' ..1.........-.... ....... , ." .., u .--;~'::".:Y;;,iiJ.'.:.;;-.';; .;;~ ..... ... . - l J r r \'o~ 'It~:::should also be noted.. that the apparent edge'of..the.'~ietland.i,': .:extends. to:.the side" setback .lines .of proposed Lots'-2.3-'and. 24. As.-per. Policy 3) a. under Objective A) of Goal 2) of the Future Land Use Element of the City's Comprehensive Plan indicates: Require proj ects to cluster development away from wetland areas of the site and maintain upland vegetative buffers adjacent to wetlands. The.' minimum. vegetative. ,buffer ;equirement.shall be twentY-five '(25). feet: upland from the. wetland area. 2. Proposed Lots 20 and 21 appear to be less that fifty (50) feet from the edge of Lake Jessup. Policy 3)d. under Objective A) of Goal 2) of the Future Land Use Element of the city's Comprehensive Plan indicates: . (H Require vegetative buffers around all lakes ih order to protect water quality of , these water bodies. The minimum upland lake ,buffer shall be fifty (50) feet. No fill shall be placed in lakes, except as permitted by applicable state, regional and federal agencies. In addition, Policy 3)g.ii., under Objective A) of Goal.2) of the Future Land Use Element of the City's ComprehensiviPlan indicates: All development along the lake shall be required to meet a more restrictive impervious surface ratio. standard.. All development along the lake shall provide a minimum of. 40% pervious surface. Retention Pond has proposed outfall into Lake Jessup. Policy 3)g.ii. indicates: No direct discharge of stormwater into the Lake (Jessup) shall be p.ermitted, in accordance with criteria established by the SJRWMD. .' 3. Proposed Lots 20 and 21 are indicated as being within the SJRWMD and USACOE wetlands jurisdictional line. POlicy.3)b. under Objective A) of Goal 2) of .the Future Land Use Element of the City's comprehensive Plan indicates: Alteration of wetlands may be permitted, however specific mitigation standards in accordance with policies of the st. Johns River Water Management District will be established to ensure no net~loss of wetlands either by functional value or extent~~ Policy 3) g. also indicates.: Any alteration of wetlands that impairs wetlands functions shall be required to replace wetlands acre for acre, type for type, or as permitted by the USACOE, SJRWMD, and/or DEP. . .AII proposals for development in the 100 year floodplain shall be required to redesign the site plan to avoid alteration in the 100 year floodplain. REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE, FLORIDA 32232-0019 September 1, 1995 Regulatory Division Atlantic Permits Branch Merritt Island Field Office 1995-05694 (JF-EB) JURISDICTIONAL REVIEW Mr. Stephen Butler Morgan Environmental Consulting 300 North C.R. 427, suite 214 Longwood, Florida 32750 Dear Mr. Butler: Reference is made to the September 1, 1995, the u.S. Army Corps of ?ngineers jurisdictional conducted on the Richla~d-Lake Jessup property. located in Seminole County, Florida. The field assigned file number 1995-05694 (JF-EB) . Please number in future correspondence. field review of limits, which was The parcel is review was refer to this Upon receipt of the certified survey of the jurisdictional limits, which should include the bearings and distances of specific flagged points, the delineation will be reviewed and . validated in writing. When furnishing the requested materials (a maximum of four copies and. minimum of two), please send it to my attention, Department of the Army, U.S. Army Corps of Engineers, Merritt Island Regulatory Field Office, 2460 N. Courtney Boulevard, Suite 201, Merritt Island, Florida 32953. Thank you for your cooperation tory program. . _:'.'JU 1 oJ'; ;ljVll ~,:.., "',!ll ".:...;...J....~.:.:~...m 095 P01 " ' :1'..\ m-', '11J! ~:::. J~LI) . ( . (.'-- ,....----- ...,-.-...'-- . . ~:~?:~\ Florida De~arrme'j t o[ en vi ro n men ta I Resulall on ,:~::,:~~:~:.-;;;:;,:; ;;~, \~~~~. .~ ~~, 1""'11 ~~<rT~ orlkll ~1(11o:. . J(~~I hl~lr ~I\:r:c koo;.d . T..I1I~ll.'AC"', flllll~ .\l."}'J.;..I~\ , .. ,;.&...~..."'roI "......t\...t.{'. .1 itti','t... ' . , _ .. L-__- -..--. - RUG 07 'S5 17:35 r Joint Application for Works in the Waters of Florida D,partment of Ihe .Army (Corps)/Florlda Oepartmenl 01 El'Ivironmentel,REl"gulatlon (DER)I ~pa"m8/"1t of Natura.l ResourceS (ONR)/DllegBted Water MUlagijment Ol,\nct (Delegat~d WMO) 'Ty~ or Prlnl ~,~i~l.,. , C' O;~ 'A,ppli:;OI,on r-iumoor (0""':181 u~e only) 1. AI:l~,n~anl'$ NaJ'!'o' ~I'\d ~dl~ . NUl" RichlandTUscC':\7rIla-, Ltd. [,(1 Mr, furt illJ II nson u"'k."'-''7~O~~ ~I \~l: Ccr~'I' "'I'\~: .~I!'iI" l'II ~.rl_ ' Slr"1 __ !ili2-'~ ~ L.e.Dn~CJ..:l R 1 ~ L - SU.l...u= 7 40 -, - Cily. T;3mDA $1.!19_~a ie~.pkon" ( R 1) ) ? g 6 -IJ 1l.J () .:.-- COer) L ~;l3 ) 2 86- 4140 2. ~"".. ~~dIO~. Zip Code. T.le~hO~e Nt.:~~' ant: Title 0' AOCli~an\'6 AlJltl;ri;td Agel'lt N,me ~Il N~~tr;..,(1~. ,J 8meS eOrt:!Olilt Name; Nama of GC'r\ kI"v:'! Me ro~n Env i ronmental Consu lt1JJ.g SlIeet '300 Nortb C. R. 427 - Sui te 214 e~y longwood S1A:ll_ Florida TerephOM( un7 J 250-0448 _ (Carl (~304 \' 738-0633 I I' C0ft)6 Appl~llor, io,Iu~o.( (o!l'Ii;I~1 1.:65 onlYl 1 ..... -...... Zig ~36D9 _IHig/itl 32750 ZIC ! 3. Nemf Of ......~8l",lo'!ly al WOI'\c Sl\'~ iN.\;hll ~~~f~~de ~~ TQNns/'\ip . 2 TC""'''''l'lip Town1hip ~:rmj Q)]~ nf e es u RrantJp-v Dr. Ran;e -3J E RSI1Qi Rll'l98 wetlands ,,- at LJ..e~.Sl .!, Slru!. Read 01 Ctl\llf ~lIol'\ '$. 'Nor.. IIICOrpora18<' C1Y or T9'Yn H 1 " t -: r SecFon ~ '3 Ser;:'on ~ec\lon COL1~ly(ieQ) ~eaUno ~ COQrdlnaln 11"1 Cenler e1 PrO/eel: lR1llvc:e ? 8 0 42 LoI ... 30 --r;.d....' ProJ~U Ol'\ly: lC 1..000QI:I,1C. ]1 0 ...=rr----: '_J 5 ) -,' .. .. PI.I Bit ....._ Pw--. ~ East on 434 to Brantley Road . o n - Turn left j p or e ss I 6. ~~:~I,1~:~:~~$N:~~ Z:I~ ~dtl g Adjecerll Prcpe,~ 0-..1'1./'1 WMu ~lOparrt AlSO Adlolnll lht W,ter IEJQIUc:lIC1Q A~~tlc''\li Ic= Pi/bntll . PuOIl~ NOlr:'O'Qf t~'OE~'fl Oil 1"11'I Vutws. It Mole Tl'ltr. SIJ is) 0.1'\,,,, J.,dioi" 11'.. ProJeot V=,u Me)' e. F=,er.:VlrP,1 "",- Nnrth (I ~ke Jessup~. .Jie.st {R/W_Oi .BrantleY3. East & South ~chrlm~neL:PrQD~rt(es 60n El CoLanlal Dr" ~ Orlando, Florida 32803 elo.:k ". 5. '11\I' ' ci . .~I;rU','1 Ie OOlllllI~.' e,,.,, ...-.w... ,.... Sum ,11II ....... f'.' ........ bw'. . &.,lII(tl'tlD PI,,_~1"JiP1"'" l.loIP""""'l.~.'~f.a.Hf)ll ,." ~.. c...., Jt~:.:~ ~,~~.:" ~t)r; .......", .~/e'.:~ -:''''D' '''I'' \,,)Ill).":',' ..,........ li:tr..II\o..t<' .... ~..~'\~:; ~~~..:Bf ...... .... ........MI' \.\"" 'i~' e'........of ".... .., ......J.tt~: /.'!"Ot ,/:1:' 08/1-.1..95 11: 5,1 'O'8l.J 286 ,11-30 RICHL\~D PROP. .!flJ Oil')'- i)o.s .. 095 P02 RUG 07 '95 17:35 ;U'C.: ?) jliU F. ~ . ,Io.t-'''' oR'" """'~ 'lilIIeI"~'t'" g' '~~;.: ... ...... '.' . ""''''", I.... ."....l.<(...- . ;~ !o'" ."\Ln , r AA !iV. If_... I..... ~ f '.... .. lll(\-"'- ---.-:.~.. -.:.. -. ~ ~ U" (CheCll. CI">$ 01 ~! is apC101b'~) I'ri~e Sil"<lle Fa."glyOC) lAiJli FimllyO Pu~i;O' ~~O N(M' Wct~O AilerllliOl"l d E~!:ir'l;l \-'rb'lqO ''''In;~rz:.O ~r (E~~all") ~ " ,. c.lrtd Pl.","", CIJr'llIor, (~ ~ Sd-.6,;1vl (5 'T'![) 10 YrO ~..r IS~ r a o..~r61 ~1TI'l't CIi e.x.P1'I~ P.1Cl~ed OER G.,..w ~1Tr\,' F.AC f\.IIe 17.:312. N Lfl. OEA E'~jOl'l ~~ RiM 17.3\2. ~/ A s.=Q-I ~~. N/A i I F.S ! ~. W ~nf a ~..ln JI.lr\8ddlQns) ~n Wc.ltl'l Qr Wttlf.1I43; (U~ .~f ~ .~ ~~ WT1p1e~ brSCll<.-:l>-n 0 e3C" ; catt90ry I "'~, ~ ~ ~. . t. WllI"J" ~ JIJ~~on: F~: _ ~ ~on; Sc=.Fl. So.R. ~1f4!~? -:'~_-:-: -"'. ~~~. .At;r ~ jIlQ'tt ----- ...... CI,l. 'I'''!. C lJ. ,,~~. b ~:In OE1\ ~~~~LA Jl ~.'.~ :: ~ N J A ElCM~:.. IV l\ Sci: /i. =..:1J ~} ~ ~ - ~ _. R flU 4 E.:eM~ ~rM(d =- MI-I'W 'U C\. ~\I. ~~ (IrtMr~O('I ~ ~t Ct-IA) . e. CER JuliadcU:l.-.aI AI~ ~~ (AI'" l41l'ld~ ~ Fill Sll~" \IIt'ldl ..,4jj be s.w~: NJ A. A. _ _ _ . ~. F\. _.... ~~ ~. OEA .Ju~~ .rea OStltld (NIM' E~ //;rn UPlrw:f. ~JCJu;~ ci Mti;I!Ior'\): _ -.,N I....A. ... SQ. F't N / A _ ~n 6 CQc~ ~"" '''is 00Itl' '1't\18r ~ra: "'.a! N\JT1'\b6r rJ. Sli~ N / A. \.DI\~ _ N I ~ . ~~ N I A N~ber d Fir-.w- P:~ -JJ /..1\: Number d ~rr;<<' P*'s J .~_ :-: ~ VM d ~Ie 04f' ........" & ......tial"'ds U~ d IIl'U;Ivlt CU. Y:l\ Cu. 'ltj'\ W'e":1__N I D 'MCtt N I A.. =:ji~ N/~ bJl.A TQ.Ii Nurr:~ d Mconl'9 PJli"'Q~ Iii A H..Q~ ~ MI-(W_ i\J( L. H.Q/It ~ MHW .... N I A ~ ~:=1i~~ ~~jH~ _I i I ~. ~'1 'MU tw :oc:JIJnfl lad/fly ~e: rJ I A ~Id $li~ . ~I\O ~I!lj.. ~Qe PlOmp.0.4 FlQ/llUu 0lMr. SiJ:l~" t:JI Se,.,.;ea AIQ~Jr~ /01 a~l'Ii ~JCJL.d~ I'firtstVT',era. bM trod laek!e) No o o o o ~ o o p o NIJ.T1c./ r. ~ Iel'\~ N LA fl. SuwaJl rTUlldrlal I Rictu) ~f'C I.n~ -1li..A..-.- II. I ~ &lIClf d I&1'-NIIlllr'\Qt'I N I A l\, L .!ilu rJ r1~IIP ~ .. NJA T)1:lt d ri~~ 01 ~I tNlIriaJ O. C)/\ff ~ r.tm '0). NLA SIOQt -1iLA. H: N / 8... V Slope _' N/ A_ H: N/ A '-I u ~~ _J:LI A N/A Tot wi~ "" . .... ~. N/~ JUA .... --- ~ ~'fII' I ltJ~ .I..~. ..1...JJ r,jl, ,'CJI\J-i\ji-;\[Il tAX NiJ. 095 P03 407,t.S3 ~22C ( AUG 107 '95 17:37 ~ ... ., j I.. . . '['fa ....- t ".",JtQ', .... 'I..._~I ....ar~.. ...,. ~ ~ t..c~ It...,..... ~._ ...;.., ."", Io('~""", I I ... IJ"......~,.~.~--, --"..- 10. ~r;;I:l"--; Woli( (~ I~ftr;; u~ .1>>\1CI'\lJ ri1el1':'5 at ~ty). See Attached Exhibit r ", TI,//'t)IdI1y, lraron. IT'd $4odJ/'h.I',~IOI'I co,o,!rol, Pr;l~d: ~ ..---- See Attached Exhibit 12, ~t ~I"*,, I, 'r;<<lStd lD CcmrNri':t ..6 '../ill) I of ~ rrnt t Q,rnontlls. ; 101 ~ Com~~ed Q rnQ [l tb s ic,uJ "1'1'I8 RtoCllliNd 10 Ccr.llfUQI . '3. PrwlolJS ~i:&tlQ'" for I"!' ~Io:t h.... 1;loMl'1: O;R No. Corp$ No. A. Oeni4ld [:alf) 8. lu..td (Q,le) - ""'-- - ~, c. Omer (1"1iW &tlitil'l) .... Oltl...r.UIe ~ air~,",g ..orlc i/'ld ""O~ \IoQ'K em ~ l;1~I'I;s. 1.. e.mf1Q1liCI'l, AC\tlIi:$orl iI""t:>t ""101 lor , l:lerrn~ Of Ptrmil:3 tI a\m~ril.B N ....-j~t'S 6etct1be" :'1er./'i. A. J CtttHy 'nI1t: '1"'''' el'iec::lf. ~re~ale lOIee) "--' .... " IIfTl t"o, rICei'd OoIrl"1ElI [J I I~ 0 . cr m. f'EeClrd NMmIm ~1r;J:o,r 0 (j ~9 01eotrty 0/'\ wtiic:tllM oro\XlUod P"O)l!C1 :,$ Ie be Ul\~,rglc.an, at Ql1ieri~ 11'1 C"Ie &l'3efltod I~" eO;;1.imtnt 2. 'am not 0 ,,.,. reoolr3 ~r. -.e, Qr rlCOrd -....eINI'Il 1'\0041 ei lht p~rty on 'tiItIlcn ~, p~d ~I~ IS 10 be 1.1"'06' lar4n. U :u:~~ in lI'1. .~ Jeoal ~~nl. bc.J11 wiill\Mt. c:.<j~ "n(le~~ me tlr~l'O~ y,e(JI.. \:ie riOU:il1~ Drcper.') lo"'lelU:. (P11UO ~~a.Irl WI'I,1 tl'Ill 1I'J..-alI -..!H be ,r.Q 1"1>' ~ win Of. OCQL)rec.) Al'\aon I'i" d...eri~lo" of P~r:-tTy ~r ClJ'n cf dHd {O (tI, P~PlM'y en WIlI~" proJ.ct II fl) occ.ur (l\"Iul1 be pl'O~ld.;l) a J U"CIl~t'ld I may /'IQo,t Ie ~~~ bt'tJI !~d~er06! irlfOI'n',i:iCNCS&ti ~&t may ~ r-o::~ry :0 D~C:' r,e.5Q,-.a::I! a.s:;:;r'1l~" e' t'>4~lrc8 ~ll a'\. prOr:.eH~ prOject \Irl11 ~"y """'" tit 8+*icAbI. SI4r1e Walft o....&l:ty Slal'lll"~S or O\l"lil 'f'1Io'I~I\""'''rT''''1 .roar1oarCI COl!'I tJelOl, C#'r:~an ar\d a1I,r r.e ~.vj4lOl :a CQ'l'IPf'\O~. C, /1'1 .ddn!et\. IIQrH '0 prO\li~' flrtry 10 1t10 ~~ ao1l lor il\'~ w+:/'I Pt~r ic:.!I'lt'fleo~~1"I or QOCLJm,1'lts 3S ree~\(ed Pi '.-.11 "OM' " 'I'Mro"'~''''l.I! I~e~ lor tM I:l~" of 1i""~t'lQ ~. fJll F\inT'l/l~ I '~I" 10 p~C' trnry 10 \h~ C'O~ ~. tOl JlJ~ i",e>eoe',~" 10 /'I'Itll'ldor l:4rrnm;e \llCrt.. ~ II ~rm~ I' ;ra/'lC~. C 11'\/. IS . J~r.1 .A.Dcl~ni:ll"l &r'ld ;, "01 . Jelf,l Perm.t t htte~ lekl'io-JOd~' me ~JOb~IOn .nd re,:xln~Mt'r ler ebl!:rw'l~ ell Ol '1'\1 IQQullllC! r.al.. 1.O&tal 01 loe,el ~m1II.S b.fo,., ~1'I~imt\"l1 CIf ~~~r,Je\lon. I 101&0 vMel'&"..nd 11'141 ~fore I:CrTI/'l"I\l....Cllrn't'll rj 1/'\1: P'QDosed ~rO~I. I muss oe 010\."11"'; le;:ar.18 pe,'TT\f~ or aVr.'lOn:aliaii Irom 11'1. U.S. COlD' of anglneoe~. th8 U,S. CClB51 GiJsrCl, If'.. I OeO~o'\m.t1t 01 ctMronmet'lta: RIgul4bOl\ tl'\e Oll~~'d WlIl,r M"r.a~l'\'lt"l 1)6'111'-' (...n.r, Ce:~ltelCll'), 81':' :J'\~ Ci~t~1'I1 ~ NA',\.Jr~ L~e90Vleea. &S fJ8eAWry. _ . ~~CH 0811.1.95 11:5,5 'B'8U 286 .tUO RICHL\:\D PROP. @005.00.g (- e.~~~ .f04 AUG 1,37,.' 9~ 17: 38 II,., 1.....:-~:...~~!'_Pr<f~~~~~.<!!. :1_. :a.. -J4I~' m~ ' ... ~ .. _ ..... .. I r ,.gc. "............~ - I'.... .# .. on e: I '""" f,mi,-, ...m-, me 1n(Q"T1"\lllion OOI'M1r.&d In lh.s &~c.l\lCt'l, sl"ld IN\ 10 tt-.. be$'\' e;J mt k.~lrd~ al'ld ~I~, wcl'1 InfO/fT\il'Ol'l 15 v;.. CQ'l'lIH\S &l"ld &::X;\jrete. I lumw ~n~y' t.-.al I ~ 11'le' &Vfl'Ia1ry to Ul'>Oer'\lll.t I~tl ~fc~d ~~'~ 0' 1m eClIl19 a. II'! OW1" ~ '.""m d eo. 'C~lC.lnt J ~I'ld It\C ~t'lQly rMloJ~ Silt r,," ~i'fT\er'il or '~l'\WIOI'\ IrI lr'lli Wt"il~lion IS a ' ~on. d $ec1lOl'l 403. \~1, F.s. and ~I eJ7, r.S. . .. I I AUgust 7 I 1999. O~18 ! JalJles Moraan TJ'POd1'rWed Narrrt d ~p!~/'\l c;t ~nl .er~~jneDt -.Mn~n Env1ronmen (CQl'po!lle T~I. " apPiCa0(9) AN ~EN" MAY SICN ABOvt Ir APPliCANT eOM~LEiES THE Fo;'LOWING: I I'\I/It>! de!igr..a:. 8",1 aulP'lc.7e O"e IQ.nt lIJ1ed a.b>'e 10 ae1 ~ rrt( 'beh&ll AS m; llQ6r1. 1/\ Ihe l:l/~I'I~ 01 lr'l.S ~rm" IPpllc.a ~ ,/'d I:J (IJ/'Mh M 110...., ~em.nlAJ Inlol!'nlllrC)tlll"l WP~ r;J N ~~lX'I. ;}'. (uRLWILK'INSOr--L_ _~~" , 7)1oe~nlOd NI/l"Ill cI A~P{ICoir1\' r Sl;roIllJ'fO Q Nl~m ~,~.Develop-W"l--e,.,t-.- RrUh)e:....c( TV$c&t~; II ~ Lt-d.. (O~1I The I applicable) ~ 8~ If.{~ct$'' O~U! ., I I ! 15, kr your Infol'Pl'l'IIOl'H $.el;tiOr'l Ji'C~. ~~I'I~ SlaMi!$. reqlJi,.., r".!l all dr~ end fl~ "ILJ;~1"lt oM"le:J. "'std. loNJl!d. le"'~d 0: gperal~ in 11'\, Me I'iISl be ~IUrtd \IIllh h5 C.~lt ct NI1.U~ RICOU~ Bi'l0l" MlI';ti1'9 'lQJT comta=lOl' 01 eaVC'!1'Ier,1 ~u. I mry ...;tI \Q d.lOrmi,.. ~ thit ~ur~efll t'lat berllT'Iel. ftr IIJ~ Irl~on, c;QI1,lC( .;-.e Ct1i~ d 1t'Ie Bur"" rJ S&'rwaler Lte91'\SeS I al'Jd PinTt:l. Ot~1'll c:i NaNrS l'I.:NrtA ~ C:r'M~ SCJ.JIe'Nd. 'Wl&h~. Florie.o 3Z399, i~~n. !-I=- (9C>4) 487-3122. ~ Thll II Mt . ~ul"'m4r1t lor I perml' ~l'l'\ the PfPlo1/Tl'1'l1 or '1N1~nl'l't,,",~1 'twglllllloon, I , " U,s.c. SoeC:!\Qf\ '00'1 p~ldU Ih81. 'HI"iOlMr. i,., .,.." miMe' \IItlt'oi/l t!\1 \.1tiOdierjon (j. 81'i'1 OB~rrncl'tl or a~trct or The UN-t:e $l!l~C 1 ~I'IQly al'\d .,(1~ly IcJlliI'iA ccrc;8oIII$. or ~,.. I,IC! bY &"Il~~ seM~ er dolMel e 1'l\!I.rial f,Cl or l'T'Ia~ any IfJ5lS, "C1l'.io~':I Or lre"'~l,/hlnl . "",(111 or rwprMotmiliona Qr ma.k.s:lI Qr \,laM 11"1I ~Sf """;"'Q or Qc:I;IJli'/trll ~~ ~ Ie OCI'Tl&I/'I "V lll.l~. 11::mIOVI or fral,/du!e:'\ ' ...,..tr'1l or ,/'Ilry, ~aIl b. ~ne<:S r'4 mOrt a"l.n $1o.coo Of Imp.i~ I'lQ\ mort ;-'1.'1 t... ~. or bOl7'l. . i ---- Ie. ~ IJ~ t"ia ~ forT1\, ~ ~ ~rr;s It'd \"It ~ DER ~rQ fl'e lMf F''O! $a)eO.I!. 1/'1 F,A.C- Rule 1MO:)lXI.;(cl. capt ~ la "e I,Opf'O~l'Iale OER or 0elerwll1td WMO dflC$ 1WlttI )Jri5l!I~OI'l Mf N p~ Jt\~ ~ ~ ""9t . It 4 .,' '" .,.~ ". . ......, ,1',; ...H~'" '. .... '''''1.... '., " ..' :~'.':". ",~,..'..i.....,";u.ir~;..;..'j ( \ Exhibit # - Richland Properties ACOE Application 10. Description .of Work (be specific; use additional sheets as necessary). No excavation or filling is proposed waterward of the jurisdictional line, as confirmed on-site during a September 1, 1995, field evaluation conducted by Ms. Elizabeth Bishop, of the COE's Merritt Island Field Office. This same jurisdictional line has been approved by the Orlando office of the St John's River Water Management District. The attached. print shows the jurisdictional line, arong with all proposed construction within the boundaries of the si te. As shown, all property lying between the agreed upon jurisdictional line and,.the shoreline of Lake Jessup is to be placed in a Conservation Easement .' Exhibit #2 - II, Turbidity, Erosion, and Sedimentation Control Proposed: During construction, there will be a turbidity/silt control curtain installed along the entire length of the wetland jurisdiction line established by Morgan Environmental Consulting, as approved by the State of Florida's St. John's River Water Management District and the US Army Corps of Engineers. This jurisdi ct ion 1 ine, as depicted on the attached prints, extends from the western boundary of Lo t 12, to the eastern boundary of Lot 21. The wetlands on this site will be monitored for the duration of construction to insure agai nst any negat ive impact associ ated with turbid ity, eras i on, or sed imentat ion. 08/14/95 11: 56 . .-. 'O'8l.'J 286 Hal) ". r........ '" .-fl :~., ..; ~'.: !.' :'.:...;.'._.'.~'.::..."'" '.~';..::.il,J;; ,1:.~:.~ RICHU.::D PROP. (.~ . I , 1395 pes @006/008 AUG 07 ''35 17:38 ExhibIt ':-1 .. Richland PropertIes ACOE Application 10. DescriPtIon or Worl< (be soecHlc; use add1tlonal sheets as necessary). The propOSed work InvOlves the development of the eastern portion of the Lake Jessup tract. Th.e layout of thIs development was completed fOllowIng a Site evaluatIon by the State of FlorIda for the purpose of delIneatIng the boundarIes of on-Site wetland communities. No encroachm ent I /It 0 wet lands. c I a I med by the Sta te have been proposed. The JuriSdIctIonal evaluatJon completed by the COE representatjve included the area wtJlch is the Subject of this appllcatlon. This area is dominated by live oakl wlth a0 understory conSIsting of a mixture af fac. dry and upland species. Sc'atterea sweet gum and southern magna] ias occur W!thln the canopy; along With the domInant lIve oaks, The avoldance of encroachment Into this transitional area was contemplated; however; it has been determIned to proceed with thIs appllcat Ion for tile fo J low Ing reasons: I) The area In Question IS not biologically consIdered to be a vIable wetland community wIth a value signIficant enough to warrant preservation. 2) Of the total 2.216 acres in questionl 1.295 acres Is proposed to be excavated and extensIvely revegetated, as part or a permitted storm- water management system. The combination of forested and herbaceous vegetatIon proposed to be installed wIthin thIs stormwater management system 1s reasonably expected to create a functloning freShwater wet land system of SIgnIficantly hIgher qua)1ty than the live oak dominated system presently found In this 2.216 aCre area. 3 ) L1 ve 0 a k S wIt hi nth I s are a wi) I be pre s e rv e d I W her e po S SIb I e J to augment the aesthet i c Qua 1 i ty of the proposed deve lopment. 4) A total or 2.439 acres of mature forestecJ wetlandS located along the shore I j ne 0 r Lake Jessup are to be pre served,. These Shore line we t lands w III be augmented by a ma intenailce process a) ready in It 1 a ted desIgned to. eradIcate undes1rable vegeta.t'lon such as cattails, primrose WI J low I and assorted exot Ie lnvader spec I es such as banana trees. .08/ ~~/~5 11: 5i 'B'81.3 286._. H.J 0 RICHU\'D PROP. .--- ( - , .- 095 P0G I4J I) 0 i i (~.~~_ RUG 07 '95 17:39 .. '. . . ExhIbit .::t2 - Rlchland Propertles ACOE Application '1. Turbidity, ErosIon, and Sedlmentatlon Control Proposed: The are.a to be altered has no dIrect or indirect hYdrOlogical connection to Lake Jessup, therefore, no Increases in turbldl t,' associated with thi s prOJect is antIcipated, Ourlng construction, there '0'/111 be a turbldltY/Sllt control curtaln fnstalled along the entire length of the Wetland juriSdIctIon lIne established by the State of Florida's St.John's River Water Management District, This turbldl ty screen will extend from the western boundary of . . lot 12, to the eastern bOUndary 0 f Lot 21, The wet Jands on th Is site wI) 1 be monitored for the duration of constrUction to insure against any negatIve Impact assocIated W.1th tUibidHy, erOSIon, or sedimentation. /,~ ( . ::;;~~~~:. ;.., ......~-}:vr~~~~ .~ ~~~f...~ :.:;:;t.~'~~-$;~ WATER ."..... MANAGEMENT DISTRICT July 26, 1995 Henry Dean. Executive Director John R. Wehle. Assistant Executive Director Charles T. Myers iii. Deputy Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 - TELEPHONE 904/329-4500 SUNCOM 904/860-4500 TDD 904/329-4450 TDD SUNCOM 860-4450 FAX (EXECUT1VE/lEGALJ 329-4125 (pERMmING) 329-4315 (ADMINISTRATION/FINANCE) 329-4508 FielD STATION 7n5 Baymeadows Way PERMITTING: Sufte 102 305 Easr Drive Jac:l<.onvillo. Florida 32256 Mebourne. Florida 32904 9041730-6270 4071984..940 !DO 9041730.7\00 tOO 407/722-<.306 -~.~;~i;.::'>;~.;;~.> .~,.~.,,::._; 618 E. South 51reot Orlardo. Florida 32801 407/897.4300 roo '07/897-~960 OPERATIONS: 2133 N. Wic:l<ham Road Mebourne. Florida 32935-8109 407125+1762 100 .071253.1203 Mr. Stephen Butler Morgan Environmental Consulting 300 North County Road 427, Suite 214 Longwood FL 32801 RE: Lake Jesup Site, East of Brantley Avenue Section 31, Township 20 South, Range 31 East, Seminole COUIlty Dear Mr. Butler: The District received your letter on July 18, 1995, regarding the above-referenced site. Based on the information you have provided and staffs site inspection on July 5, 1995, it appears that the agricultural ditch on the subject property would qualify for exemption froJ? a Wetland Resource Management (Dredge and Fill) Permit pursuant to paragraph 62-312.050(2), Florida Administrative Code (F.A.c.). However, as discussed during the on-site meeting, this exemption would not be applicable if the project is subject to the proposed Environmental Resource Permit (established by section 373.414, Florida Statues, and chapter 40C-400, F.A.c.), which is currently pending the results of an administrative hearing. If you have any questions, please feel free to contact me at 407/897-4336. Sincerely, ~~ Curtis Hardman, Environmental Specialist Department of Resource Management CH:db C~ cc: PDS-P A,@iZabeth Thomas-Skene, Mary Brabham Patricia T. Harden,CHAlRMAN William Segal,VlCE CHAIRMAN Kathy Chinoy SNUORO Griffin A. Greene lWTL-INO James H. Wi!Jiams JACKSONlllllE VERO BEACH 0CAlA Dan Roach,TREASURER fERHAHOINA BEAOl Reid Hughes OAYTONA BEACH Otis Mason, SECRETARY Sf.AUGUSTINE James T. Swann COCOA . -:I.....) .....' ~".... ,'<..:.. i-. ..,I:I."~, :,:. .t.......". n. ,. ... '. "'... .t." ~ '0 "..". , ,~'". ',;... :::':':",r-.' Morgan Environmental Consulting 300 North C.R. 427 - Suite 214 Longwood, Florida 32750 July 17, 1995 Mr. Curtis Hardman, Environmental Specialist St. John's River Water Management District 618 East South Street Orlando, Florida 32801 Re: Lake Jessup Site Review of Agricultural Ditch Dear Curtis: " On July 5, 1995, Jim Morgan and I met with you on site to discuss. the Possible exemption of the agricultural ditch that was originally flagged MEC 1.03A to MEC 103H. As pe,r your request, a cross sect ional measurement of the ditch was taken. The ditch measured 3' in width by less than l' foot in depth below natural grade, for a total cross-sect ional square. footage of approximately 3 sq. ft. Pursuant to our conversation, this finding would exclude the ditch from a Dredge and Fill Permit if the application is submitted before the upcoming ERP rulings come into effect. All previously flagged areas on-site were again reviewed and it was agreed that these areas would remain as they were originally flagged. The first of these areas includes the shoreline of Lake Jessup. The second areas includes a small (less than .5 ac), isolated system with a marginal vegetat ive composi t ion. 1 f you have any quest ions or concerns regarding the above information, please contact either me or Jim at our office. Thank you. ~.~. Stephen Butler Morgan Environmental Consulting Orlando (407) 260-0448 · Volusia (904) 738-0633 . Fax (904) 943-9065 .. ( , : .B~~:~B~~.~RIV~~~:':{~ ~ '... . Henry Dean, Executive Director John R. Wehle, Assistant Executive Direclor Charles T. Myers III, Deputy Assistant Executive Director :~~~~~~:~~'.~~::'- .' ~.: .'-i.'j.~~.";,.,;.:;..,, .,;',..' WATER MANAGEMENT DISTRICT May 4, 19 9 4 POST OFFICE BOX 1429 TElEI?HONE 904/329-4500 PALATKA, FLORIDA 32178-1429 SUNCOM 904/860-4500 FA:/. (EXECUT1VEJlEOAL) 329~ 125 (PERIolITnHG) 329.4315 FIELD ST A nONS (ADMlHISTRA T10HtFlHAHCE) 32~4508 618 E. South S"oo1 Orlardo, Florida 3280 1 407/897-4300 7n5 Baym.a:lows Way Sun. 102 Jad<lonvillo, FIor'da 32256 9041nO'6270 PERMITTING: 305 East DriYe M.bourn., Florida 32904 4071984~940 OPERATIONS: 2133 N. Wid<ham Road M.bourn., Florida 32935-8109 407/254-1762 Mr. Jim Morgan, President Morgan Environmental Consulting 1353 South Blue Lake Avenue DeLand FL 32724 Re: Pre-application site inspection for Lake Jesup Site (Richland Homes), East of Brantley Avenue; Section 31, Township 20 South, Range 3.1 East, Seminole County Dear Mr. Morgan: On April 25, 1994, District staff reviewed flagged wetland. lines on the above-referenced project site, as requested by tele- phone. Information on the.. project site was received by the District on April 8, 1994. Two wetland areas were reviewed. The first was a waters of the state, forested wetland along the Lake Jesup shoreline. Staff recommended that a ravine/ditch entering this wetland from the south be iDcluded.within the flagged boundary. Addi:tional flags were added in this area (103-104, A-H). 'Another flagging adjustment was recommended along the eastern boundary of this wetland (Flags 107, A-C) . The second area reviewed was an isolated wetland located in the south central portion of the site. Flags Numbered 201-210 were placed in this area. Staff determined that, with the recommended changes, the flagged lines appeared to adequately delineate wetland jurisdictional boundaries as defined by section 16.1.1, Applican.t's Handbook (A.H.), and section 17-301.400, Florida Administrative Code (F.A.C.). However, as indicated during the site visit, the applicant needs to verify the flagged wetland boundary along Lake Jesup is not waterward of the ordinary high water elevation for the lake. In addition, staff noted that existing drainage ditches along the western and southern project boundaries appear to be waters of the state. Wetland jurisdiction within these ditches is limited to the area within top-of-bank. A survey of the wetland boundaries reviewed by staff has not been received by the District. Please be advised that this was an informal pre-application wetland determination pursuant to .subsection 403.914 (2), Florida Statutes (F.S.) (1984). It does not bind the District, its agents, or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this pre-application jurisdictional wetland determination are not entitled to rely upon it for purposes of compliance with section 403.913, F.S. (1984), nor any other provision of law or Department rules. A Binding Jurisdictional Determination may be obtained by petitioning the Department of Environmental Protection (formerly the Department of Environmental Regulation) for a Jurisdictional Declaratory Statement pursuant to section 17-312.040, F.A.C., or by applying for a Wetland Resource Management Permit. Patricia T. Harden. CHAIRMAN SANFORD Lenore N. McCullagh, VICE CHAIRMAN ORANGE PARK Jesse J. Parrish, 11/, TREASURER TITUSVillE Reid Hughes DAYTONA BEA01 Dan Roach FERNANDINA BEACH Denise M. Prescod JACKSONVillE Joe E. Hill lEESBURG William Segal, SECRETARY IAAlTlAND James H. Williams OCALA _,.. .. ~-, ...,'.1. .:. ,... ~..', ....,,~'''..\J.~ "',, "'J"'"iJ"l"'.\>.,:J~"".:f"'lI':.;1.~-l.t,.J,,,,,,"--\.hU K/" ( r.... I I.. I.. Mr. Jim Morgan; President May 4, 1994 Page 2 This was also an informal pre-application wetland jurisdictional determination pursuant to section 373.413, F.S. (1987). It does not bind the District, its agents, or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre-application determination are not entitled to rely upon it tor purposes of compliance with section 403.913, F.S. (1984), nor any other provision of law or District rules. A Binding Jurisdictional Determination may be obtained by petitioning the District for a Jurisdictional Declaratory Statement pursuant to chapter 40C-4, F.A.C., or by applying for a Management and Storage of Surface Waters (MSSW) Permit. Please b~ advised that the rule providing binding formal wetland determinations for the review of wetlands under chapter 373, F.S., authority, became effective on November 12, 1991. Please contact me if you are interested in pursuing this option. In addition, no construction (includes land clearing) shall begin on the proposed project untll a permit is issued by the St. Johns River Water Management District. This is pursuant to subsection 40C- 4.041(1), F.A.C., which st'ates, "unless expressly exempt by statute or rule, a Surface Water Management Permit must be obtained from the District prior to construction, alteratio~, operation, maintenance, removal or abando.nrnent or. any dam, impoundment, reservoir, appurtenant work or works." In addition, no construction shall begin in jurisdictional wetlands on the proposed project until a Wetland Resource Management Permit is issued by the St. Johns River Water Management District. If you have any questions or comments, please contact me at (407) 897-4336. Sincerely, c-..-/~ ~ Curtis Hardman, Environmental Specialist Department of Resource Management CH:db cc: PDS-PA ~~ Pat FrostY \ Lance Hart Joan B. Budzynski, P.E. Rod Pakzadian :.. '. !. ~>'D' .,. I'D., ~. , ~ :0- ,8 ~ 3 ~ .f @J I... .. .' . " . I ORDINANCE NO. 489 AN ORDINANGE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND THE WINTER SPRINGS DEVELOPMENT JOINT VENTURE; PROVIDING FOR A DEVELOPMENT ORDER; AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING MULTI-FAMILY DWELLING UNIT DENSITY LIMITS PURSUANT TO SECTION 20-354, CODE OF WINTER SPRINGS; PROVIDING FOR A CERTIFIED MAP;. PROVIDING FOR CONFLICTS, SERVABILITY, AND EFFECTIVE DATE. WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 ("Annexation Ordinance"), which Annexation Ordinance annexed certain property comprising what is commonly known as the into (..u ;:n .--.1 .r:- CJ"') of Tuscawilla Planned Unit Development (the "Tuscawilla PUD"), the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla PUD originally consisted approximately thirty-f~ve hundred acres (3,500) and was approved for development of nine thousand seven hundred forty-seven (9,747) total dwelling units; and WHEREAS, fr.' the !J~ the Annexation Ordinance provided for is: development of the Tuscawilla PUD based upon an overall-:;1:; development plan and set forth requirements for open space, recreation space, and other development matters; and ry o the -.J WHEREAS, subsequent to the Annexation Ordinance, Tuscawilla PUD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignate the uses of several parcels wi thin Tuscawilla PUD, all of which amendments were in compliance with the overall Tuscawilla PUD concept to better utilize open space and allocate densities within Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of Tuscawilla PUD was reduced; and WHEREAS, the developers of the Tuscawilla PUD have asserted that the Tuscawilla PUD was designed with the concept of a central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire 1 i. "-.) N t.n '" 0 '" ~ C-J r-, ~ ~ ~~f (- ,. '" ,- ,~ ';'1 .-, 0 D t. ~. '.' -, .r-- :~: r- ""T):..J en :...,.; '.1 ,-;;-... , ~, , ; ~;;~r.~ . :C;'.l... ::..;c ~.: 8c~_~ ,- "... ~ 1''10:;; (") :-u :.1: oc-,rl! Ce-. ~~.::'".; ;<n3; -"Opl ,c: . ;1J ..c 'I.'. ",-, r~, :;0 p, n <:) :JJ t:.:l p.l o ~., < r.-, :;0 ." ..., ::::; -." =<:: .... ..' ., . .;'! . ';." 'i.' ./. .,....: . . ~~ . ~ .'; .. ! Tuscawilla PUD, which Central Core was integral in the design of the overall road system and infrastructure of the entire Tuscawilla PUD; and WHEREAS, On January 14, In '" 1988, Gulfstream Housing Corp.,~ t73 ,- Springs Development Corporation,~~ ~., successor by merger to Winter entered into a contract to sell certain real property to D & ~~ Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core, which resulted in negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida (the "Court"), Case No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a Florida ioint venture, through its General Partner, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, Petitioner, v. City of Winter Springs, a Florida municipal corporation, Respondent (the "Petition"); and WHEREAS, in an attempt to resolve the issue surrounding the Petition, WSDJV and The City agreed to a mediation of this matter approved by the Court, which mediation was held on February 2, 2 ,..., r-..) UI C1 -....I Or, ;-c-. -....I -., ;.:j ,- p, c:; t":, , . .r::- ~,.. l- c... C;) ") PI '.l"I ,.:' . ' ...., ........:,. .j \..,: ... :1. . 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and The City agreed to review the land uses for the remaining undeveloped properties wi thin the Tuscawilla PUD and amend the Tuscawilla PUD to reallocate land uses and densities in a manner , ., to better utilize open space and allocate densities within the c., :2 Tuscawilla PUD and in keeping with the original approvals granted~ ,- I', relative thereto; and ." -r-- WHEREAS, the property remaining to be developed wi thin ther- 0) Tuscawilla PUD consists of approximately 367.2 acres (collectively the "Remaining Property") consisting of: approximately 32.2 acres designated as Parcel l4C ("Parcel l4C") , approximately 35.0 acres designated as Parcel 61 ("Parcel 61") , approximately 202.9 acres designated as Parcel 15 ( "Parcel 15") '. approximately 75.4 acres designated as Parcel 80 ("Parcel 80") , and approximately 20.7 acres designated as the Lake Jessup Property ("Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached to the Agreement and expressly incorporated herein by this reference; and WHEREAS, pursuant to the Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, the Agreement is in the best interest of The City and promotes the health, safety and welfare of the citizens of The City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes (1989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, The City has determined that it is in the best 3 n ~") <.,--'.) :< , . C'--:J N ~ ~ r,u o ~.~~ ~..::: ,. , . .:1:' .., ;:{:J C) ''I .',' .:' . ..' . , '. ,,: . ..... . . . . .- ". . ':.f interest of The City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, The City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth within the Agreement. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I: '-n 1"1 :?::: ~ ,- Florida'" n ~J , ; The Agreement between the City of Winter Springs, and Winter Springs Development Joint Venture, a Florida joint;::: venture, attached hereto marked as Attachment "1", is hereby accepted and adopted by the City of Winter Springs, Florida, and made part of this Ordinance as if fully set forth herein. SECTION II: The Agreement shall constitute a development order pursuant to Chapter 163, Florida Statutes (1989), as amended, and shall govern the City and the developer accordingly. SECTION III: Annexation Ordinance No. 64 is hereby amended pursuant to the terms of the attached Agreement, and any and all approval, master plans, submissions and other similar matters affecting the remaining property of the Tuscawilla PUD are hereby automatically amended to conform to and reflect the provisions of the Agreement. SECTION IV: Pursuant to Section 20-354(b)(4), Code of Winter Springs, the maximum allowed number of dwelling uni ts per gross residential acre for multi-family dwelling units within the Tuscawilla PUD is hereby waived to the extent permitted under the Agreement, upon recommendations from the Planning and Zoning Board. SECTION V: Attached to the Agreement as Exhibit "B" is a proposed land use plan of the remaining undeveloped property of Tuscawilla PUD. Exhibi t "B" of the Agreement is hereby adopted, approved, and certified as the land use plan of the remaining undeveloped 4 t--) I'..) rJJ <:) -.., 0 ~~~ -...., I:;: ,. r'" c::> ;:-; .~ :11 ~~.; 0') (.) .....J rl: . ", , . '. ,;. . .' . , '. <, : . ,,~ ; . ':,:. N_ " "', . i .; j Z :c 00 uo 0:: M W"'~ :c UNW ~~~ Z~::J~ W:C"'O p..U CO l1-I Ul .. N ::J .M !2,,;g;...: ~j"':el ...lWO:: Ht:lO ~~~r;; >-< 3i 0 . wi 0 ~t:lZ!@ OH ...: HZO...l HO"'O:: <::CMO >-< <Q Cl W ~ p.. W 0:: p.. '" ...: 3: H Z I;l 5 0:: H '" Z H '" H ;r: H . , properties in the Tuscawilla PUD. SECTION VI: All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. SECTION VII: If any section, or a portion of a section, or subsection of this ordinance be to invalid, proves unlawful , -. unconstitutional, it shall not be held to invalidate or to impair 'n '" the validity, force or effect of any other section or portion of~ ;:; I-- I:, n o a section or subsection or part of this ordinance. SECTION VIII: This ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this ~ 3;tJ. day of rrfJ7 1990. ATTEST: CITY OF WINTER cUUlj LEANNE M. "-In. ~;-;~ CITY LERK .t t', ") \,..1 .\.. . I ') " " ....<~; ............ \ 5 f II \ ~I i\\ . -- . '. ....... '. J"". First Reading: May 14, 1990 Second First Reading June 11, 1990 Pas ted: May 18, '1990 Third Public Hearing and -Geeend Reading: June 25, 1990 5 < .. .~ . r,~ ..) or c.> ..., -r--- ,.- G") I I~. (." h.) r-v .....1 -o,J 0' Cl ':l ......r:':". ""''::! 1", .. .:.; ~:l iJ; F! '" . ;, . , '. ...... , . ~~ J\~ /:~ ( . '\J '\ C r-- L.~ 0 L- N c..: ~ ...c_ :...- ':'.1..- ("..'~ tn c ('I L I ~ l-::) C..:-: -::- C.> u ~';., td c::: - I /. 7 . I n " ,... "'I ;: lot n G - .~....: S~.i'~iNCL: CO. fL. SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTERPLAN FOR THE TOSCAWILLA PLANNED UNIT D~BLOPMENT AND RELATED MATTERS THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, ~~STER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED M.l:I,TTERS (the "Agreement"), is made and entered into as of the day of , 1990, by and b~tween WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership (hereinafter referred to as "WSDJV"), and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "City"). WIT N E SSE T E: WHEREAS, on October 11, 1971, _the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 (the "Annexation Ordinance"), which Annexation Ordinance annexed certain property comprising what is commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla PUD") into the Village of North Orlando, Florida; and WcEREAS, the Tuscawilla PUD originally consisted of aporoximately 3,500 acres and was approved for development of 9:747 total dwelling units; and -- WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PUD based upon an overall ~ j development plan and set forth requirements for open space, ::J\7 ~~ recreation space and other development matters; and '-'r ~l-- -- =~ IUt::) .:-'~: (-) ~-..Jl-I . L _J :-:; :.:; -~~.. ~ :~ i-;j ._1(" I..) r'- r-- , ..- '-' ' 0') wtiEREAS, subsequent to the Annexation Ordinance, the Tuscawilla PUD was developed in accordance with the approved overall development. plan, subjeci to certain amendments which redesignated uses of several parcels within the Tuscawilla PUD, all or which amendments were in compliance with the overall Tuscawilla PUD concept and approvals in effect, and were effectuated in order to better utilize open space and allocate densities within the Tuscawilla PUD; and wtiEREAS, pursuant to such amendments, the overall density of the Tuscawilla PUD was reduced; and WHEREAS, the developers of the Tuscawilla PUD have asserted that the Tuscawilla PUD was designed with the concept of a central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire Tuscawilla PUD, which Central Core was integral in the design of 1 /C/DAR 6786062.n.MD 06/22/90.3 , / t _...:.~ 227 7 n ;, (- "'l .' ~ .1: - I U 5=.1.:}'iC~:: CG. rL. the overall road system and infrastructure of the entire Tuscawilla PUD; and WHEREAS, on January 14, 1988, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, entered into a Contract to Sell certain real property to D & M Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and wtiEREAS, a dispute arose as to the right of the develooers of the Tuscawilla PUD to develop a shopping center within the Central Core; and WHEREAS, the City refused to allow a shopping center development within the Central Core; and WHEREAS, such denial led a series of alscussions and negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Ci rcui t in and .for Seminole Coun ty, Flor ida (the "Court"), Cas e No. 89-3589-CA-l7-L, Winter Sorings Develooment Joint Venture, a Florida joint venture, throuah its General Partner, Gulfstream HousinG Corp., successor by merger to Winter Sorings Develooment Corooration, .Petitioner v. City of Winter Sorings, a Florida municipal corooration, Resoondent (the "Petition"); and WHEREAS, in an attempt to resolve the issues surrounding the Petition, WSDJV and the City agreed to a mediation of this matter, approved by the Court, which mediation was held on February 2, 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSOJV and the City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla POD and amend the 2 IC/OAH 6786062AMD 06/22/90.3 ,- --"- 2 2 i t n ,. 7 L! 't , Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the Tuscawilla PUD and in keeping the original approvals granted relative thereto; and ~E~~;r;C;L: CD. FL. wdEREAS, the property remaining to be developed (which shall not include real property which presently has or is presently bein~ reviewed for ~i~e plan approval, plat appro~al, building permlts, or other slmllar approvals or matters) wlthin the Tuscawilla PUD consists of approximately 366.3 acres (collectively the "Remaining Property") consisting of: approximately 32.3 acres designated as Parcel l4C ("Parcel 14C") approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), , approximately 201.3 acres designated as ParcellS ("ParcellS"), approximately 77.0 acres designated as Parcel 80 ("Parcel 80"), and approximately 20.7 acres designated as the Lake Jessup Property (the "Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached hereto and expressly incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and wdEREAS, this Agreement is in the best int.erest of the City and will promote the health, safety and welfare of the citizens of the City; and wtiEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes (1989), as amended, of the original approval granted to the Tuscawilla PUD; and ~qEREAS, notice of intent to consider this Agreement has been properly published and given; and WHEREAS, the City has determined that it is in the best interes~ o~ the the City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, the City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth herein. NOW THEREFORE, for and in consideration of settlement of the Petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows: 1. The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla POD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. 3 /C/DAR 6786062AMD 06/22/90.3 / -'--?""1 .f I I-.~:: 2. The Remaining Property shall be developed in the following manner: rl If 7 ... '-' 'j- l SE.~ifiUL:: ('I~ _/ - '-v. ti.... PARCEL ACREAGE LAND USE UNITS 14C 31. 2 Single Family 125 1.1 Seneca Boulevard 61 33.0 Single Family 198 1.4 Commercial 0.6 Service Road 15 67.0 104.0 25.2 3.6 1.5 Commercial Single Family MUlti-Family Vistawilla Drive Fire Station 416 504 80 74.0 3.0 MUlti-Family Tuscora Drive 1,480 Lake Jessup Property 20.7 MUlti-Family 166 TOTAL 366.3 2,889 3. The acreages described within each Parcel are approximate acreages only and shall be finalized at such time as a final survey of each parcel is obtained. Therefore, the legal descriptions set forth on Composite Exhibit "A" are subject to revisions based upon such final surveys and sound land planning techniques, it being the intent of this Agreement that this. Agreement be inclusive of all remaining undeveloped real property within the aforedescribed parcels within the Tuscawilla PUD as of the date hereof; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. 4. The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the right to request minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Codes. /e/DAB 6786062AMD 06/22/90.3 4 -", ,. ........~~ ? ;\:E. . ': ') 1 L '- I {j 4 7 3 S::.~;hCL:: CG. FL. 5. The land use designations set forth herein are inclusive of less intensive uses under the City Codes for develoDment of the Remaining Prop~rty, subject to the regulations of applicable governmental agencles. 6. Within the land use classifications set forth herein, such classifications shall be inclusive of all permitted uses within such land use under the City Codes and ordinances in effect as of the date hereof; provided, however, commercial shall include those uses set forth on Exhibit "B" attached hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "c" and expressly incorporated herein by this reference is a depiction of the Remaining Property and the land uses associated therewith. Attached hereto as Exhibit "0" and expressly incorporated herein by this reference is a depiction of Parcel 15 and the land uses associated therewith. Exhibits "c" and "0" are intended for reference only as the City and WSDJV acknowledge that the land uses shown thereon are an approximation only as to boundaries and the boundaries of such land uses may vary in order to make better use of the Remaining Property in keeping the terms and provisions of this Agreement; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. The parties agree that Exhibits "c" and "0" shall collectively constitute the certified map and plan of the Remaining Property in the Tuscawilla PUO. Access points and .roadways show the number and approximate location of .such matters, which location will be finally determined at the time of site plan approval and/or plat approval of the respective property such minor adjustments and revisions shall be permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted herein or by City Codes. 8. WSDJV agrees to dedicate a one and one-half (1.5) usable acre site for a fire station located adjacent to State Road 434 in the residential section of ParcellS, at the location depicted on Exhibi t "C". 9. WSDJV shall be entitled to transportation impact fee and other impact fee credits for the dedication, planning, develoDment and construction of Tuscora Drive and Vistawilla Drive,-which road are determined to be collector roads and other oublic dedications in an amount eaual to the imoact fee credits permitted under the Transportation Impact Fee Ordinance or other applicable ordinances adopted or to be adopted by the City, for right-of-way, planning, design, development and construction of such roadways. 10. The access points of the Remaining Property along State Road 434 shall be of the number and in the approximate locations 5 /C/DAH 6786062AMD 06/22/90.3 1. : QC!~ - ~ 1 r.-: r ,....,....._ 227 7 n I. -{ !. ;}"T '7 . C=l",L:h:"':: __- (,,~1 -: as depicted on Exhlbits "C" and "0"; however;.I's'~la"'.{ccess points shall be subject to Florida Department of Transportation requirements, guidelines and standards. 11. In the event of any conflict betwe-en this Agreement and any other ordinance, approval or similar matter regarding the Tuscawilla PUD, this Agreement shall control and govern the rights and obligations of the parties hereto and such aDDroval or similar matter. -~ 12. Any and all approval, master plans, plans, submissions and other similar matters affecting the Remaining Property are hereby automatically amended to conform to and reflect the provisions and intent of this Agreement. ~ 13. Buffering of the Remaining Property shall be subject to the provisions of the applicable City Codes at the time of site plan approval. ~ 14. In order to develop the Remaining Property, WSDJV shall be required to comply with the applicable City Codes, it being the intent of this Agreement that this Agreement constitutes a revision to the approved map and master plan of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, the remaining approvals necessary consist only of site plan, final development plan or plat approval and preliminary and final engineering approval, as provided by the aforedesc:ibed City Codes regarding Planned Unit Developments and specifically Chapter 20, Article IV, Division 2, Part A, which applies to the Remaining Property. 15. WSDJV agrees that the City may, at any time, adopt a special tax district encompassing that portion of the Remaining Property and other property located adjacent to State Road 434 from the eastern boundary line of the City to State Road 419, for improvements and beautification of State Road 434. 16. WSDJV.agrees to grant and convey a ten foot (10') easement to the City over and across the southern boundary of Parcel 14C and continuing along the southern boundary of the adjacent real property owned by WSDJV in the City of Oviedo, Florida, to State Road 426, on or before thirty (30) days from the date this Agreement becomes final and is no longer subject to appeal. 17. It is the intent of the parties that although the Petition be dismissed without prejudice, the Court shall retain jurisdiction over this matter and specifically with regard to this Agreement, in order that any disputes hereunder shall be resolved by the Court, pursuant to such proceedings as the Court may deem necessary in order to accomplish the foregoing. Neither party hereto admits to any liability whatsoever with regard to 6 /C/DAR 6786062AMD 06/22/90.3 -... ... ~ :- . v . :.... ~.:";,':.. ... ~ \ .--::: l\ . ,. _-'- 2 2 7 7 n Ii 7 s t,..; I ".' the Petition and the subject matter thereof. ~r-fh~rO,. r~his Agreement is in no way intended to affect the approoriateness or inappropriateness of either parties' position or ci~cumstances with regard to the Petition or the events, circumstances and subject matter thereof. In the event that the Court, at any time, determines not to retain jurisdiction over this matter, the parties hereby expressly waive and agree not to assert the defenses of statute of limitations and laches in any subseauent action related hereto. - 18. This Agreement shall inure to the benefit of and be binding upon the City and WSDJV and its or their respective successors and assigns. 19. The rights and obligations of WSDJV hereunder are fully assignable and transferable, including but not limited to, in the event any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall look solely to such transferee or assignee for the performance of all obligations, covenants, conditions and agreements pursuant to the terms of this Agreement. 20. This Agreement contains the entire agreement of the parties hereto. Any change, modification, or amendment to this Agreement shall not be binding upon any of the parties hereto, unless such change, modifica-tion or amendment is by ordinance and in writing and executed by both the City and WSDJV and adopted by the City by ordinance. 21. This Agreement shall be interpreted pursuant to the laws of the State of Florida. 22. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall'for any reason, and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 23. In the event of any controversy or dispute arising between the City and WSDJV in connection with this Agreement, including without limitation, in any settlement, in any declaratory action, at trial or in any appellate proceeding, the prevailing party shall be entitled to recover any and all costs and exoenses associated therewith, in whatsoever nature or form, including without limitation, reasonable attorneys' fees, paralegal fees, legal assistants' fees, expert witness fees and other professional fees and expenses associated therewith. 24. This Agreement and any modification or amendments hereto _ /C/DAR 6786062AMD 06/22/90.3 7 ._~ . : ..; - ~. . ~-, Pt.::'':: 2 277 ('l I. 7 t" U LJ' t: may be recorded in the Public Records of Semiri6iie(i.cot1ntly, Florida; however, failure to record this Agreement or any modification or amendment hereto shall in no way invalidate same. IN WITNESS WHEREOF, the City and WSDJV have executed this Agreement as of the date and year first written above. ~ ~ le/DAR 6786062AMD 06/22/90.3 "WSDJV" WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership BY: GULFSTREAM HOUSING CORP., a Delaware corporation, General Partner ...-../?"'.. ":.:', tzf. '..~/I/~/r: J. Glenn M v. '<~~--I: ..j..,. Vi c e Pre sid e. ;i;':""'''''"" \\\~ r r',:,C ""1 ......,'Iw. \'~ .,..... "I,,' ..,......:::, ..., ""f'" '.', ...,~ ,.,. ~.... \.. ..... f,....\ c:. ". -:. ~ i .) ,'. (').' '-J ..,J '.. ~ (CORPodf~~J ~k~~o, co ..:.: J ;j'[~'\:':,~,~,:~,~~"" "::,,>! '. ': "'II ,\\\\\ BY: HOME CAPITAL CORP..;' """:111\1 a California corporation, General Partn By: is E. Vogt, Vice President By: ~fft~ ,.' / Assistant Secretary 8 \,.Illlf"" '.,. ..' ~ i A ~ '. ~ I I '.. ~. ",...... 0 "-- <:::) ... Ji ') . ..... ,,' ~ .' \"'.... c:" /_ '. ' ( CORPORl\:Ti/'s.fMj ::. ">:\ .~ ~:',~. ~ Q ('~.= =. ",'. \ '\ '~.....: ,.......: \. ~ '<.,'1 <::> ~'- :.' , "" fI' Jt1 ........ _ ..... ", ""'" J ..) \\' "', J .' \\\\\ III""lIltl" Attest: ;n~~~LJ Mary T. Norton, City Clerk /C/DAB 6786062A.MD 06/22/90.3 2 217 .THE "CITY" ... - .... ... ... - -. ... ~ _..' ~""'-'~. :-.:...._., :.: " -j~~ ('"",,,'J:' ..., / 7 - U l~ ( S::.~;hC:..E CU, ;:-L. THE CITY OF WINTER SPRINGS FLORIDA, a Florida municipal corporation By :cX~ Leanne M. Mayor 9 Yh. j k&JL- Grov~/ I - =~L;I.' :-":'w:' ? Z 7 7 nb.70,. ',J. U STATE OF FLORIDA / COUNTY OF otifJJ&f:; ~E~i!-iCL:: CO. fL. I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, J. GLENN MARVIN, III, as Vice President of GULFSTRE&~ HOUSING CORP., a Delaware corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid, this /f(?dayof 5Cf/7;};.~ " 1990. ._ ,,,:....,.,/ ( .~,. / .'., ::.. ~ "f)' I I.--../~. ~-10""-~ I ':.!.~~.:::: ::: . I I '--' I' . t;..../ . I.. ~ ----", ! L.'l/, /r../L-0, . ':, .,',., . :.~. '. N~arYrPtib\iC -I i::: ~/- , ,/ If ..<. .. My COrrimiss' on EXDi res:::: ./' <:>. ~ -:.: . I -/: ,n'. I . . .- .~mT~'~YPUal:C TArc:ci'4;l~Il:OAAT\A.;,n~.' ':~f"" _::'_ J.\'r fOMMIS. .eN oX?fRES ::;~I;: 25. 1>94 '. ',;,. ..... . ...... '.. STATE OF FL9~IDA ,EC~u~o iHP.U A.;iHO.'1 AQ;NC'f, :NC. ....~.r.y/;~..-.". ::-:.:. COUNTY OF /lM;~ V....,:. I,:". .' I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LOUIS E. VOGT, as Vice President of HOME CAPITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand an9?fficial last aforesaid, this ~day of ,~" I .: .. _I. . "1.. ."" '., Notary Publ. . . ...... :(""'" \~, My Commiss'o Expires:,."."..... y.~ ~""7;% o ARY PUBLIC, STi\ri ~L.LNOAo:? ...... ~.;.: :. CO:~M'SSION EXPI~~ :r -...J : C -= BONDED THRU NOTARY Pl., ..rl. IUA 1,;:'1993" ;.... ~ ~ __ ~RWRJT.ER.. .:' ~ ~ ~'-. '-.) ,:' ,:: ...." '_'. c( ,.. ~ ~ ""...." "~... .. ., ':. ...' ~~""~f ::~;..\ ....\\.\\' :" ~. ~:". ., It' ", ~.. . 10 /C/DAR 6786062AMD 06/22/90.3 ~""'....l' . 2 2 7 7 n ~ ...( G :J. '- STATE OF F~RIDA COUNTY OFC-4CJ-i...O/ cf I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOY DeCARO, as Assistant Secretary of HOME CAPITA~ CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. S::~;~1;JL:: CO. FL. lastW~~~;;~a~~,h~~fsa~~~~yCi~~ s~l ~~ the/.county and State ;1\ ~..1...~~A' 1990. "" I ..... ~ .,\..~\lll '(:11111/ ,.' '..~t..R '."" .,' ~'.......... " ..' . .'~. ....~. .... . .. <~ .... l:.;" .~.. Notary Public ~ ~:' ;:! .; ::; ~ ~ ~ My Commiss' L~j.T~~SI!~R.lft~ / l:;) _ %~T; . IISStOt~ EXPIR[;;~cl'~~~~R1T~ ') .::,-:' STATE OF ~IDA BONCI';TNRU HOTARTPUB ..., T' '.~' v.... ""-:0-'.;' COUNTY OF )/ "":'.,/" ........~~.~:.:...;;....:/. "'(II ~ . '1\,'., , , , , I I .. ~ ~ , : ~ ,1 I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LEANNE M. GROVE, as Mayor and attested by ~y-qy T. NORTON, as City Clerk of TEE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same for the pu rpos es ther ei n expr essed, on behalf of the ............. :":":-;" mun'c'p"'l'ty .. _,'~ "1.. ", .:. .:. 0.':' . .' ..'\\:.,::.., "'..\ .... _ .-01. ....1lt~.. ."'\ .. ~ . ~" . ~ s~~' n the County anc/s~~'te<:-~.. ~"',~\-:,! \... - /11 A / , 19 9 q .....:. I-..~ p -- ~ ~ ~ <bL-- . -. . -...J : 0 = TI ;0;: 0 tI r>.. :-'': V : .4... ~ -v: ~ ..' .~ ~ ........ ~ ..' ~ .:. . '. 0 .' <:) ,t: ., e"" .,' -:..: .. '. ....... ""\~ ,,\ . S 1 '>- ",,~\: .,....... ,..,., WITNESS rnv hand a/I ~:fiCial last aforesaid, th~s ~ay of Expires: ..OTAitY puaLlCl ST4Ti 0' ,.,0':ID4 A.T LA~Ge MY COMMISSION fX71lU'S DEaMBlIt 0"', 1992 ~ TllIU ASMTON AGENCY. 'He. /C/DAR 6786062AHD 06/22/90.3 11 / :,:::SC;':?:-:O), : '?=cC:5 r., =eco=cec Se::,.:'!101e =-, ~ .....:, ~:l P1.::: Cou,,;: Y I CCt1POSITE EXHIBIT II A'l Pll.RCEL 14C ':"" c:10 l'e:e:1:.ic:-'.: Sook ::6, ?ages r. = <C: C. C, 7:; S C ::-. \\~ Z :. =-.:;. , -, cr-.c ;..::: c: :he -" .. : ~c=;.a::. 111' LE-Gte .. fOR .MtC~~UG;<J\i.:-".IC~ . -,' \J IU ~ (Page 1 of 15) i.: ~ ;i...; .... ~ ;& :~. ..... .':) a~~Or\ rAGE. '1 2 7 7 .I Ii r: 0 I 0 L. ,-' 5E.~ihCL:: L:O. r L. T".':-- "'" . ...;. - . ,,... ~ ~ \",.. 1 - c: C-_ - . .. . :"t.:~J.1.C :;ecc::-::s c: ~(jO~ ?'~Gc'" PARCEL 61 2 2 7 7 o !~ 8 I ~:.~j;'\CL::: CG. FL. ?;.~ 1 - Q~Ia~: ::=crn t.:-~ ce..~re=li.ne c: i..~~=secticn c: y,.irr::.e= S?=~I~S D=2e....c..:--= 2-"1:: ~=-.J1.e.:7'. \';2Y, as sho..Tl ll1 ?lz:. of i\'bte.= S;J=i..,SS LT-..::' Fe-.::- as re-c:::==..ec ?12.:' Ecok IE, Pages 6, 7 2....,:: S, ~Lic Recc_:::s of Se.-:-.:..ne1e Cc:=::::;", :lo=ic..c.; :-.=1 1\.86"23'05",::. alO;1S tre ce..r:re=l:Lr:e 0: h'i.,:.e:- S::=i."1qs Eoclevc.=C 282.25 fee:.; t.-..e..,C€ N. 03c3E' 55"\.:. 60.00 fee:' t..o '::'Je ~i."1:' of be-;i.~-~~lq 0:1 the Nc=--h riS:t-c:-\..;ay line c: WintE!.:" S?=iJ1qS 5::J'-.:.le.yC,rc 0.20' R/y,'); tne.'1ce !'\.::1 S.66023'CS"\o.'. 2..lO;1S said Nc:-J1 :::-i;-h:.-c:-....;2y 1il""le 217.85 feet to t.'rJe poin~ 0: cu..-vaOlr'e of 2. C.L-ve c:::::lceve No:-:::,,- e.a5\:.erly, 2...,d having a raCius of 25.00 feet; the..ia: rCl Nc::-:..:,wes:.e=ly alonc t.l;e arc 0: said C.L>'Ve :;9.27 feet. tiLroucn a ce.'1:.rc.l 2.."1lcre 0: 900 - - ~ 00' DC" ~ ~i-te ?Oint. of ta'19ency 00 the E:.2.s:. :::ight-of-....cy line c: Nc~"- e..=:; h'a)' (80' R,iyi); thence rL.."l 1\.03036'55"1,0.', along stid E2s:: =i~:.-of- ....-c.y line 90. 78 feet to the poin:: of cu::-,;at'~e 0: a c..:...-ve c::nceve -;-."'c::-:-c.....ly 2..--.d r.avi.lJq 2. r?~ius of 1293. 55 fee~: ~he:1ce :-.l.i Nc~'Je.:-l:' c.lonS :.he a=c 0: s2.id c..:...-ve 8~. 25 feet t.:':..!'OUSh c. ce.;.'::2.1 2rlSl: c: 020 22' 57" to 2. ?=,i.'J::; t..r,E.'1C€ leaving sud -;:'::oc::-;: riqnt-c:-I...:cy line, Z"""=: 1~.8602J'05",:::. 270.83 fee:' ~ ~""e ?Oint of c,,"--V2.-::u.!'e 0: c c..:..-ve c::ncave So'..r:::':"-west:e=.lv, 2...lJC rJ2ving 2. r2.ciius 0: 27. E3 fee:'; t.."1e.,;iC:e r~ Scu':..~- eas-:-.,,;....lv c.l~c the a.=c of said c,,"-rve 40. 4~ . feet t......roucil 2. ce:-;:'=2.1 :=r.-;,: C::' C.,Oj; I Ll" -'" t-:ne rV'\i,.,.. of ""'nGo",,,,,,,' -'n"""'r-o ~--. c: 10"L-2'lt.",:, _......-.._ _ C-J _-: .._ --.I _ .....-.-~..... _ ~ ~~"-" I ...... ---~~ _,"--J -.- -' -. 172.85 fc=- -'" ::0 ~i!1~ .cn ~ho :=fo~es:iG: Nc~h -ichT-Of_~~v li,.,o of ___'- I...,.I..".J c;;;._~-....J_'- ......_ __ - -- --.... ....- - ... --.- - y;:.nte= S?=::.....ss Eoulevc.rd, said ?Oint bei..'Jg on 2. c.:..-ve C:Jnceve Nc~'1- e.=ly, 2...:..:3. r.2vi.11S 2. raciius c: 1085.92 fee-=.: t:.'JE.'JC:e .:"-'-'-" 2 ta.'Jse.,;,t :::ez=i..'J~ 0:: S. 82016' 07"W., :::-~ "W=>--5t..e.='lv alalc ~"'.e c.=c 0:: saic c~-ve <=-,c z.2.';:-::: sai.c N:::::-"':,e=2.v =ic::-.~-c:-I..:cv- l.i-'"1e 7E.01 fee~ t:.:-.....-ouq:, G C:e..i-:'=2..l ~....-) Co 0'= Ot. oOo~ I -:;2" ~ -::::'"'le co1..nt 0': bec~ ,.,,.,;~,.. C::jj-:-=' '-:.:-,,~ ''':"-- - . t -" - -... --- ~ , - 2..4112= a==e~. (Page 2 of 15) t;.JO~\ --.. '? - 7 ,-,-I o 4 8 2 PARCEL 61 Sr:~i;SCL:: ca. FL. D ~ s c ;:,; ? -: ; 0 t, c: F;;' r: : ~ ~ 2 F~ori. :hE cer,terl';ne of iroter~ec:~or, 0-; :"'ir.:er Sprir,~s Soule- vcr t c. r, c: t; c ~ : her n \.,' c y c 5 S h 0..' r, i r. p'I", 0 f ~'! r; I :: K S P r: J !; G 5 U r.; j T FOU;:., C$ recorded in F'lc. Book lE, Pcges 6, i b E, Pui:;lic rE- cor C S C f S e It, i n c 1 e C 0 un: )', r J 0:" i dc., run Ii, 8 E. '" 2 3 . C S .. E. 2 1 0 n S :.;, E c e r, i. E :- I i n e 0 f ~'i r, : e r S D r i n c s Sou 1 E- \' c r c: 2 S 2 . S 5 feE:'; :. hen c e Ii . (j :3 c :3 E I : 5. ....... 6 C . Oaf e e. t ;. cpo i n ton :. h E: I; Q r :. 1", r i 9 1",: 0 f ",. Co Y 1 i n e 0 f s c i c: ;.: i ro t e r ~::> r i n 9 s B 0 u " e.v 2 r C, S 2 i c: poi r.:. be i n con c C l.' r \' E con C eVE ii 0 r :. her 1 y 1\ n d h a vir. S ere G ius 0 f 1 0 e 5 . S 2 fee -.. ; the neE: fro m c : c n 9 en. bE 2 r ins. 0 f Ii, 8 6 02 3 ' D S .. l. run E cst e r 1 y c 1 0 n 9 i. h e c: reo i S c ide u r v e c. n d c 1 0 n 9 S c i d Ii 0 r :. her l.y r i 9 i;:. 0 f .... 2 Y 1 i n E ie, 0 1 fEE t : h r 0 ugh c C e n t:- Co 1 c n 9 1 E 0 fa!. 0 0 6 ' S 2" t 0 the POir,: of beginning; thence lee\'inQ Sc.id t\'or:herly right of .... '- y 1 i n e, r u r, Ii. i 0 " 2 '2 ' 1 .:; "'.:. 1 7 3 . E ~ feE t tot h e poi n: 0 f cur \! c. - turE of c curve concave Sou:h....'esterly 2nd hc.\'ir,g a radius of 2i.E~.fee:.; .hence run Northwesteriy ,iong .he crc of s,id curve L..D.C.!; fee. through c cen.r"l cng-JE of E:3'"lt.'!:'l" tc: the p 0 j n.i. 0 f ten 9 e n C y ; the n c e run S. 8 6 0 2 3 ' 0:; .. \.I. .2 7 0 " E:3 "f e e t 7. 0 " .point on ,he ~,s7.erlj' r)ght of .,,',)' line of ~or,hern ',.,'2V (80' R;:':) s2ic; poir" bein9 on c curye conc,ve ~c5terly 2nd 1"'2.'.'iir9 c r"GiLlS of lS~3.55. feE:; :hence -{rorr. c ,,2nge:-,t bec.r1n~ of t, . 0 1 ~ 0 3 ' S 8 .. h', r u j, ~I 0 r . her 1 y Co", 0 n 9 the c r c 0 -{ S 2 1 0 C LJ:- v e c. n d c"lon9 s2ici '~~~-"erly /)91',: of ""cY line 50.08 -:e::-.. :hrou9h ~ cen:r:', cir9-'E of 01<'30'55" to c pOint; then:e "le:vin9 s2id ~ :: s -.. e r i J' r i S' 1'.:' o. f -..., y '1 i n e run I;. 86 Co 2: ' C'S " ~. 2 G 7. 95 ;':' e:. to thE Doint .of curv,:ure of 2 :urve conC2ve Sou:nwes:erly end r-.2vin~. c r2cius of ii.52 ,:::., thence run s.c:;-;:r,ees:erly clong :he 2re of s::~d curve n2.0i TeE: :h.ou9h c C:r.:.21 cn91e of 0-'-- "1 _r.10"_'";2",^."_-', c.~-JL..;" 7.0 the point cT tangency; thence run" , .. /1 -::; _00 f e : 7. :. 0 c. poi n tor, the c for e s c 1 0 I~ 0 r :. her 'I y r i 9 h t 0 f w , y line of ;"'in"er Sprin9s Eoule\'2rd, s::io poir.: being on c curve cor. c c \' e i\ 0 r the r i Yen d h Co v i n 0 c. . r a c;) U S 0 f 1 0 E 5 . S 2 fee: ; the n C e from c tcnger,:. b~~r;n9 of S:79C'3i'l:.S"\.,'. run I,,'esteriy clong :he 2:-C of 5210 curve 2nd 2lone s2id l~or~her'lv rieh~ of ....2J' iine 50.C2 fee-: ..hrcuoh 2. cer,i.r~"1 cncj~ of 02D38'2'" :'0 ..ne poin.. o 7" be 9 inn i n g, c o.~ t a i n i n 9 the rei ~ 0, S 9 7:; ocr e 5 r.1 0 reo r 1 e s s . '. - (Page 3 of 15) [~F:C~r'._ .~ ~~:~ ::.~:) lC~ ?~CE P.~ 61 2 277 fi/,Q" Li ~ L: -wi S~,~~;:,U.:: ..... .-, ,-,-" '"( r '-. DI~SCHlI-'TroN - !'lI1lC!::!. "t,- rrorr. tl,E.' centerline intersecLioll of Wintcr Sorings t:Joulevord "nd Nor-::her-r. 1-1<1\" as silo"'n on the pl.!!t of Wintc,r S!'rings Unit 4, recorded in 1'1at !ioo,., 1.8, I'''9''S t.. 7 ana 8, foublic r<ecords of Scminole County, Floricia; run tl,OJ.J6'5S"w. alony the centerlinc of I'orthern Wilv 175,.78 (eet; thence N,Oc.2J'OS"C. 40.00 feet to a point on the Ca:!\: ri9ht-of-",ay line of NOrr:hern W"y, "aid pOlnt u.,in<J the point of curvature of a curve: concave r:aste:rly Clrld l1a"ino a r"dius of 11193.55 feet; rUIl thence Northcrl\' along said rioht-of-",.",v Ilne M)(l alono the arc of s<:i('\ Curve JO~.34 I~et tllroUC;:1I1 i\ Ccntral ana Ie of 09021'3C" to tllp. poillt of bC:9inn;ng; thence continue NOrtherly ..1<.:11(; the ar-c of said curve 153.33 (eet thr-ou9/" a central allale- of IJ.';3'01"; thence: run S,70. 3?'lO"r::. lsl.el f€:~t; thence N.2601?'2i"S. 203.JS feet to the SOutr, line of ;; llCl tOOt "ide I"lorid.. PO\.lcr <lnc! Light Cnmp;qly r::ase'nent; tllcn::e 1',~<.05'J7"w. illon,:! said South line l6k.00 feet to said [ilSt right-of-",ay line of Norther-n Wily; t.ilence N.2so22'SS"C. along said Ca::t right- o(-"',~}' li.ne 126.74 feet to the pOlnt of curvature n( a r.urve COncave SOutheast.erl\, <lnd Il,:,vina il rudius of 410.00 feet; rUn thcnce Nnl'thca"terly along tl,e arc of S<llC curve 430.e) [ect tnl'o<l9h " central <In<Jle of 60.12'23" to the noint of reverse curvature of 0 Cllr'VQ. COnCilve NClrth\.lesterly i,nd Il.JVll1g a roJdiu:,; of 296.17 fect.; run thcnce /Jortheas terly 177.65 ft!et ;:dong the arc (If s.:Iic L:\Irve: throu,:!l: " centroJl angle of 3~ 006' 09" to tile S"utll line of 100 :eot \.Iide Florlda p(,w<:r Cor!'oration Casemcnt; thence S.OsolO'12"r:, '110n<] suid !'>outh line: 90fo,7j feet: thence: s.:n.~S' O~"L:. 17~.07 (cc.t.t.o tne r.orther-ly right-O!-";,,)' linc a! Wintcr' S,,:il1Ss DOulev..rc. silid ri<]llt- of-""ay lin~ beillg On il curvc concave SOUtheaSterly and having;; rndlUS of 1215.10 !ect.; t.hence: (ron,.. tilnY';'IH lJC.:lrina of '<;.(;2.1<'S5-\o,.. run SOuthwest.er1y <llano saie right-of-\.Iay line ~.n~ alor,g the Llrc of said Cllrv!' 7J7.53 feet tllrouQh a Ccntl"ul "naIl". of J~o46'2~- to the point ot lanoency; thence S.2702U'26"W. 251.56 feee to the"point nf curva~ure of u curve concave NOrth"'est~r-ly and h.Jving .: radius of 10eS.92 feet; run thence 50utJ.\.Iestcrl~' <llonu tile .:Irc of Suici cur-ve 960.49 t~et; thence N.Ioo22'19"h'. 50.00 fcet to tile beginnll1g of a curve Concave NOrthwcsterly .:lna havil1g" radius of )OJ5.92 feet; thence from a tangcnt bearin,? of N.7!.'oJ7'46-:::. rUll NortheilSterly c1lono the al'C of said ClJr-ve 170,75 feet throuah a centre:! allole of 0~o2(".;.;-; thence N.1!'o.;U' ~U"h< J1.';.30 fee::.; thence N.e90J2'Jl"\,. 1,19.75 :eet to thp. Point Of: uC9innlns, Containinq therc.in 32.9979: acres. (Page 4 of 15) ;... . '~':"... : ~C:C'l\ ?!;GE I ? - - :::. t.. ( ( n L P !, u . lJ t DESCRIPTION: SE.~jhCL: Cu. fL. ~ That part of the MAP OF THE PHll..LIP R. YOUNGE GRANT, as recorded in Plat Book 1, Pa2es 35 throu~h 38 of the Public Records of '-' .... Seminole Counry and that pan of Sections 5 and 8, Township 21 South, Range 31 East, Seminole County, Florida, being described as follows: Begin at the Northeast corner of said Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8, for a distance of 205.56 feet to the Point of Intersection of the Northerly Right-of- \\fay line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' R!\V) with the Easterly Right-of-Way line of the Black Hammock Branch of Seaboard Coast line Railroad, said Point of Intersection being a point on a curve concave Northeasterly having a radius of,799.85 feet and a chord bearing of N 49002'35" W; thence run Northwesterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 08011'08" for a distance of 114.27 feet to a point on a curve concave Northeasterly having a radius of 651.23 feet and a chord bearing of N 20036' 17" W; thence run along the arc of said curve and said Easterly Right-of-Way line. throU!?:h a central an21e of 54035'00" for a distance of 620.40 feet: thence ........ . run N 06021'38" E along said Easterly Right-of- V/ay line for a 1540.55 feet; thence le2.ving said Easterly Right-of-Way line run S 89032'22" E along the South Right-of-Way line of State Road No. 434 (60' R!\V) for a distance of 131.05 feet; thence run S 00011'57" W along the East line of the Southeast 1/4 of Section 5, Township 21 South, Range 31 East for a distance of 1958.31 feet to the POINT OF BEGJ]\I~ING. TOGETHER WITH: Commence at the Northeast carrier of Section 8, Township 21 South, Range 31 East, Seminole Counry, Florida, thence.run S 00024'55" E along the East line. of the Northeast 1/4 of said .Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (lOa' R/W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" W; thence run Northwesterly along the . arc of said curve and said Northerly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; (Page 5 of IS) .. EOCr~ F.~G: - . -. - - .... ........ ,j thence run N 79018'14" W along said Northerly Right-of- \Val1?n~ for a 0 4 8 5 distance of 691.26 feet to the point of curvature of a Curve Conca~."Ui'Cl..:: co. FL.. Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- \-Vay line through a central angle of 11046'38" for a distance of 536.92 feet to the pOhlt of tangency; thence run S 88055'08" W along said NonherliRight-of-Way line for a distance of 96.48 feet to the Easterly Right-of- \-Vay line of Proposed Vista willa Drive and a point on a curve concave Southeastedy having a radius of 460.00 feet and a chord bearing of N 44053'28" E; thence run Northeasterly along the arc of said curve and said Eastedy Right-of-Way line through a central angle of 69000'18" for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 790.00 feet and a chord bearing of N 44050'50" E; thence run Northeasterly along the arc of said Curve and said Easterly Right-of-Way line through a central angle of 69005'33" for a distance of 952.65 feet to the POWT OF BEGINNING: tbence COntinue Northerly along said Easterly Right-of- Way line and said curve having a radius of 790.00 feet and a chord bearing of N 05022'51" E through a central angle of 09050'25" for a distance of 135.68 feet to a point of non- tangency; thence run N 06010'16" E along said Easterly Right-of-\Vay line for a distance of 100.50 feet; thence run N 00027'38" E along said Easterly Right-of-\Vay line for a distance of 214.99 feet to the point of curvature of a Curve concave Southeasterly having a radius of 25'.00 feet; thence run ' Northeasterly alon~ the arc of said curve throu~h a central an9:le of .. - -- 90000'00" for a distance of 39.27 feet; thence run S 89032'22" E along a line that is 25.00 feet South of and parallel with the South Right-of- \Vay line of State Road 434 for a distance of 404.53 feet; thence run N 00027'38" E for a distance of 25.00 feet to said South Right-of-Way line; thence nm S 89032'22" E along said South Right-of-\Vay line for a distance of 639.86 feet to the West Right-of-Way line of the Black Harnrnock Branch of the Seaboard Coast Line Railroad; thence run S 06021 '38" W along said West Righr-of- Way line for a distance of 502.66 feet; thence leaving said 'West Right-of- \Vay line run N 89032'22" W for a distance of 1039.34 feet to the POINT OF BEGINl\'ING. TOGETHER \VITH: Commence at the Northeast corner of Section 8, Township 21 South, Rai"1ge 31 East, Seminole Coumy, Florida, thence run S 00024'55" E along the East line of the .Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard. Coast Line Railroad (lOO' R/W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a (Page 6 of 15) 1 \ point on 2. curve concave Southwesterly having a radius of 1959.19 feel c._lId 2. chord bearin~ of N 66056'09" \\': thence run Norrhwesterlv a]on~ the 2.rc of said cUf\~e and said Northerl\' Ri!:':ht-of-\Vay line th.rou'~h 2. c;mral angle of 24044'10" for a distance of 845~.83 feet to the point of taI1~enc\': thence run N 79c 18'14" Vi along said Northerly Right-of- \Vay line for a distance of 691.26 feet to the point of CUf\'arure of a curve concave Southwesterly having a radius of 2612.09 feet; thence run NorL.~westerly along the arc of said curve and said Northerly Right-of- \Vay liLje w1rough a central angle of 11046'38" for a distance of 536.92 feet to the point of tan2:encv; thence run S 88055'08" \\1 alon2: said Northerlv Ri2:ht-of-\Vav - .. - * - .. line for a distance of 178.11 to the Westerl)'Right-of-\Vay line of Proposed VisLawilla Drive; thence run N 10023'19" E along said Westerly Right-of-\Vay line for a distance of 16.23 feet to the point of CUf\'ature of a curve concave Southeasterlv havin~ a radius of 540.00 feee: thence run -- - . 2.1on2: the arc of said curve and said Westerly Ri2:ht-of-\Vav line throu~h a ..... -' - ". - cenrral angle of 69000' 18" for a distance of 650.36 feet to the point of reverse cun'ature of a curve concave Northwesterly haviIlg 2. radius of 710.00 reet and 2. chord bemng of N 71054 '55" E; thence run Northeasterly along the arc of said CUf\'e and said Westerly Right-of-Way li..T1e through a central angle of 14057'22" for a distance of 185.33 feet to Lhe POINT OF BEGI1\TN1NG; t"r1ence leaving said Westerly Right-of-Way line ruTl N 30022'39" Vl along a non-radial line for a distance of 356.04 feet; thence run N 89052'39" V\i rOI 2. dist2..TJce of 2250.00 reer: Lhence run'. N 00"07'21" E for a distance of 100.00 feet; thence flli"1 N 47003'59" E ror a dis[2l1ce of 292.95 fee:; thence run N 00007'21" E for a dis~ance of 400.00 reet to the South Right-of-w'ay line of State Road No. 43L (60' R/\V); Llence 1Th.j S 89052'39" E along said South Right-of-\Vay line ror a disLaijce of 1580.00 feet; thence run S 89032'22" E along said SOULr: Righr- of-\Vay line ror a distance of 611.08 feet; thence leaVLL"1g said SouG.l Righr- of-\Vay line run S 00027'38" W for a distance of 25.00 feet; thence mn S 89032'22" E alonE': a line 25.00 feet South of and oar211el with said SouLh Right-or-Way line for a distance of 395.00 feet to the poiL-lt of curV2.ture of a curve concave Southwesterly havin2: a radius of 25.00 feet; thence mn -- .... Southeasterly along the arc of said curve through a central angle of 90000'00" for a distance of 39.27 feet; thence run S 00027'38" W along the Westerly Right-of-Way line of Proposed VisLawilla Drive for a distaJ.jce of 214.99 feet; thence run S 05015'00" E along said Westerly Right-of- Way line for a distance of 100.50 feet to a paine on a curve concave Northwesterly haYing a radius of 710.00 feet and a chord bearing of S 32026'56" \V; thence run SOuthwesterly along the arc of said cUf\~eand said Right-of-\Vay line through a central angle o.f 63058'36" for a dist2..J.lce of 792.79 feet to the POINT OF BEGINNING. Together COnL::inLT1g 2. tOt2.l of 66.968 acres more or less 2...:jd ~:I1g subject !O a.ilY rights-of-\;".'cy, restrictions and easements of record. (Page 7 of 15) r---.J I'..:) Cl Cl t" c' ,-r1 -J :;;:'" ~ r- F- r-! ~ 0 C) -., - -0 r :;.- c:::> C1 :-r. .~ ---- .. 4.~'",__ __1..-.........___ ... DESCRIPTION: That part of the f-.1AP OF THE PHILLIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 throu~h 38 of the Public Records of Seminole Coumy ar:d that p;n of Sectio; 5, Township 21 South, Ra.TJge 31 East, Seminole Coumy, F1onda, being described as follows: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole COUnty, F1onda, thence run S 00024'55" E along the East line of the Nonheast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-\Vay line of the Lak\:: Charm Branch of the Seaboard Coast Line Railroad (l00' R/Vl); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord beann~ of N 66056'09" W; thence run Northwesterly alon~ the ~ . ~ arc of said curve and said Northerly Right-of-\Vay line through a central angle of 24044'10" for a distance of 845.~3 feet to the point of taJ1gency; t.hence run N 79018'14" \V along said Northerly Right-of-\Vay line for a distance of 162.82 feet to the POINT OF BEGINNING; thence continue N 79018'14" W along said Northerly Right-of-Way line for a dist2J1ce of 528.44 feet to the point of curvarure of a curve concave Southwesterly having a radius of 2612.09 feet; thence nUl Northwesterly along the arc of said curve and said Northerly Right-of-\Vay line through a central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W along said Northerly Right-of-Way line for a dist3..11Ce of 96.48 feet to the Easterly Right-of-Way line of Proposed Vistav,;iUa Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44053'28" E; thence run Northeasterly along t1e arc of said curve and said Easterly Right-of-Way line through a central angle of 69000'18" for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly haviI1g a radius of 790.00 feet a11d a chord bearing of N 44050'50" E; thence run Northeasterly along the arc of said curve ~d said Easterly Right-of-\Vay line through a central angle of 69005'33" for a distance of 952.65 to a point of non-tangency; thence leaving said Easterly Right-of-\Vay line run S 89032'22" E along a. non-radial line for a distance of 1039.34 feet to the Westerly Right-of-Way line of the Black Hammock Branch of the Seaboard Coastline Railroad; t.1-}ence run S 06021 '38" W along said Westerly Right-of-Way line for a distance of 525.90 feet to the point of curvature of a curve concave \Vesterly having a radius of 552.67 feet and a chord bearing of S 12032'48" \V; thence run Southwesterly along the art of said curve and said Westerly Right-of-Way line through a central angle of 12022'20" for a distance of 119.34 feet to a point on a curve concave Northwesterly (Page 8 of 15) ~ tro ~ m ~ - ~ n r- . .. r. c C:) -,., - r- eo -.' having a radius of 656.13 feet and a chord bearing of S 51012'30" \V; thence run Southwesterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 77002'04" for a distance of 882.17 feet to a point on a curve concave Northerly having a radius of . ~ 799:85 feet and a chord bearing of N 85021'14" W; thence run Northwesterly along the arc of said curve and said \Vesterly Right-of- \Vay line and along the arc of said curve through a central angle of 12005'59" for a distance of 168.91 feet to the Point of Intersection of said Westerly Right-of- \Vay line with the Northerly Right-of- \Vay line of said Lake Charm Branch of the Seaboard Coastline Railroad Right-of-Way 3.J.jd the POINT OF BEGINNING. TOGETI:IER WIrd: Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, Seminole County, F1orida; thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (lOO' R/W); thence run N 54034'57" \V along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 reet and a chord bearing of N 66056'09" W; thence run Northwesterly along the arc of said curve a..J.d said Norrherly Right-of-Way line- through a central angle of 24044'10" ror a distance of 845.83 reet to the point of tangency; thence run N 79018'14" W along said Northerly Right-of-\Vay line ror a dista.T'lce of 691.26 feet to the point of curvarure of a curve concave Southwesterly having a radius of 2612.09 feet; thence run NorThwesterly along the arc of said curve 2...T'ld said Northerly Right-of-\^lay line through a central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W along said Northerly Right-of-Way line for a distance of 178.11 feet to the Westerly Right-of-Way line of Proposed Visrawilla Drive and the POINT OF BEGrnNmG; thence run N 10023'19" E along said Westerly Right-of-Way line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvarure of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14057'22" fora distance of 185.33 feet; thence leaving said Westerly Right- of- Way line run N 30022'39" W along a non-radial. line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 3675 feet more (Page 9 of 15) f'....J C/'I f'-..J r:.. nl c: ~ Q ~ ;:.: ~ ,=.::. r-'J r: c- -' CJ "'" ..;::.. r- ~J: C::> 1- c-:) P \ or less to the centerline of Howell Creek; thence run SoutherlY along the centerline of Howell Creek for a distance of 1050 feet more o;r less to the Northerly Right-of- \-Vay line of Lake Charm Branch of the Seaboard Coasrline Railroad; thence run N 88055'08" E along said Right-of-Wav line for a disrar.ce of 3153 feet more or less to the pomT OF -' BEGINNING. Together containing a total of 104.0 acres more or less and being subject to any right-of-\vay, restrictions and easements of record. (Page 10 of 15) ,~ Vl N .-,., " ~ 2i --....; r- n, ~ '---' C) .." ...::- r- , '::-0 - L ~'l , ...~. -: .";. .- , - _..- -.. ...-...... .... ..... 5=n~:~~ ?~~C~~ l5/?AR~~: ; DESCRIPTION: That pan of the 1\1AP OF THE PHILLIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 throuS!h 38 of the Public Records of Semino.le ~ ~ County, Florida, being described as follows: . Commence at the Southeast corner of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (lOO' R;W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" \A/; thence run Northwesterlv along the ~ - - arc of said curve and said Northerly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; thence run N 79018'14" W along said NorTherly Right-of-Way line for a distance of 691.26 feet to the point of curvarnre of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- Vlay line through a central angle of 11046'38" for a distance of 536.S!2 feet to the point of tangencv; thence run S 88055'08" W along said Northerlv Right-of-\Vav - -' -.. - ; line for a distance of 178.11 feet to the Westerly Right-of- \V ay liIle of Vistawilla Drive; thence run N 10023'19" E along said \-Vesterlv Right-of- ~ ~ - '0lay line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet; w~ence run Northeasterly along the arc of said curve and said \Vesterly Right-of-'0/ay line through a central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line throusrh a central angle of 14057'22" for a distance of 185.33 feet; ~ ~ thence leaving said Westerly Right-of-Way line run N 30022'39" Walong a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 2250.00 feet to the POINT OF BEGINNlNG; thence run N 00007'21" E for a distance of 100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet; thence run N 00007'21" E for a distance of 190.00 feet; thence run N 89052'39" W for a distance of 311.14 feet; thence run N 00007'21" E for a distance of 210.00 feet to the South Right- of-Way line of State Road No. 434 (60' RAV); thence run N 89052'39" \V along said South RiS!:ht-of- Way line for a distance of 522.20 feet: thence run S 89032'14" W ~long sail South Right-of-Way line for a diitance of 850 feet more or less to the cenrerline of with Howell Creek; thence run (Page 11 0.; 15) r--.) l'-.) Cl en a 1"" -J 0 ~. _.~ ;:>< --, - -..J -', r-: .--, r- ,- ,.. r.- .. 0 ':::> r. " ;~; .;::- '-' r- .'> :,..;. CD C": :=) . ., Sout!.Jerlv alon2 the centerline of Howell Creek for a distance of 950 feet r710r~ or iess to- a point in said centerline of Howell Creek lying N 89052'39" W a distance of 1425 feet more or less from the POLNT OF BEGINl'HNG; thence run S 89052'39" E for a distance of 1425 feet more or less to the POINT OF BEGmNmG. Containing 25.2 acres more or less and being subject to any right-or-way, resmctions and easements of record. (?aoe 12 of ] =j) ~ ~ <"=) en 0 .T! -J CJ _ 7' -. ~ r- r-; r: .- CJ c::::> - ""'1 ..;:::- ;, ~.- r- ~:. c..o ~ I": - -"SCh.;::.:..;.. ?h.RCEL lS/?ARCEL 4 DESCRIPTION: - That part of the t>1AP OF THE PHll..LIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County, Florida, being described as follows: ~ Commence at the Southeast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Rorida, thence run S 00024'55" E along the (f", N ,'q East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet ~ :::: to the Northerly Right-of-\Vay line of the Lake Charm Branch of the ~2 Seaboard Coast Line Railroad (100' R!\V); thence run N 54.:'34'57" W ~ along said Northerly Right-of-Way line for a distance of 293.14 feet to a ~ c:: point on a cUI\Ie concave Southwesterly having a radius of 1959.19 feet and r- l:;; C) a chord bearing of N 66056'09" W; thence run Northwesterly along the .....) n, arc of said curve and said Northerly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; thence run N 79018'14" W along said Noi-therly Right-of-\Vay line for a dista.llce of 691.26 feet to the point of curvature of a curve concave Southwes~erly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said cUI\Ie and said Northerly Right-of- 'Y\Tay line through a central angle of 11046'38" for a distance of 536.92 feet to the point of tangency; thence run S 88055'08" W along said Nonherly Right-of- \Vay line for a ciistaJ.'1ce of 178.11 feet to the Westerly Right-of-Way line of Proposed Vistawilla Drive; thence run N 10023'19" E along said Westerly Right-of- 'Y\Tay line for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along. the arc of said cUI\le and said Westerly Right-of-'Y\Tay line throu!!h a central an2le of 69000'18" for a distance of 650.36 feet to - .... the point of reverse curvature of a curve concave N<?rthwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E: thence run Northeasterly along the arc of said curve ~d said Westerly Right-of-Way line through a central angle of 14057'22" for a distance of 185.33 fee~ U,lence leaving said Westerly Right-of-Way line run N 30022'39" W along a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 2250.00 feet; thence run N 00007'21" E for a distance of 100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet; thence run N 00007'21" E for a distance of 190.00 feet to the POmT OF BEGll\TNING; thence continue N 00007'21" E for a distance of 210.00 feet; thence run N 89052'39" W along the South Right-of-'Y\'ay line of State Road 434 (60' RfW) for a dis.tance of 311.14 feet; thence run S 00007'21" W for a distance of 210.00 feet; thence run S 89052'39" E for a distance of 311.14 feet to Lhe POINT OF BEGil'.n'n:NG. f'."J cr: o ~:..~ C~~I " - ~~-;:. Cont.2ining 1.500 acres more or less and being subject to any rights-of- way, restrictions and easements of record. (Page 13 of 15) ?~ 15 and 80 (Carbined) D-::sc:::R.IPTION : All tbt P an of the ld.a.p 0 ( the P'hi II i p __ R. Y 00 ;e G nn t a..s rec orrled in Pl;lt Book: I, ~ 35 lhr~gh 3S o( the Public Reconis of Seminole County, F1 0I'"i.Lb aad z portion 0( the S-ot1 rhe.ut. 1 /4 0 f.. See rio D 5 an d :l portion of the Nonh~st 1/4- of'Section !, Town~hip .21 South, Range 31 Eut, Scrrlliwk County', F1ond2., lying South of S.R. ~}4, (old S.R~ 4191. North of the Lai::eOurrn. .Brmch of the Seab<nrd C~~l Line Railroad and wt of GARDENA FARMS, TOWN SITES a5 recorded in Plat Bocl: 6, hge 39 of the Public Rccords of Seminole Counry,. Floridi., \e~ Right-- Of - Way for B lock Hammock Broncl\ of th~ S.C.L. Roilrood. All together containing 278.322 acres more ar less. (pasre 14 of 15) .....:1 l'V \1.: (n CJ fTl -...J 5:::; ::~ -.J ~, - l.-:~ . . j'7j , ., 7r.: r-:, r-; c:: ~::::) ;.r-; " ..;::- -U'_f r- .... ..." r..o ~,. c., ~I..) r'l lAKE JESSUP PFDPE.RI'Y DE:5c..eJ PT/ ON 1..........) N r:n (n <::> fTl -1 0 ~, :~ ;:>: --, ~ (:1 0;" .." 1'1 n ., C;) '.:::::::- r- r'; -'1 ~~- ".,.. r- '"lJ :.'; ".0 .;..- r-_ ..i.:"'- r~'! Lot> I :!nd :. Glock .-\. D.R. \-lITC1-!ELL'S seRve'\' or- TIlE LEVY ()R:\~'T :\Ccordin~ to the rl;ll rccDrdcd in rl:1t Dook 1. r:!~C :;. (If the Puhlic Records or S~n;ino!:; COlJnt\'. rloric!:t. Con::\ining :0.7 :\cres more or Iess_ (Page 15 of 15) 1. The a. b. c. d. e. f. g. h. ~ . j . k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. ab. ac. ad. ae. af. C/BJM 6786062PCU 07/30/90.1 EXHIBIT "B" PERMITTED COMMERCIAL USES following uses are permitted in the Tuscawilla PUD: Administrative public buildings; Advertising agencies; Alcoholic beverage sales (package); Alcoholic beverage, on-premises consumption, provided food is also served; Alterations and tailoring, shops and services; Antique and gift shop; Appliances, sales and service; Artists' studios; Attorneys; Automotive accessories sales; Bakery, retail; Bathroom accessories; Bicycles, sales and service; Bookstores, stationery, newsstands; Bookkeepers; Bowling alleys, provided either (i) no building may be located nearer than two hundred fifty (250) feet to any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawilla PUD; Butcher shop, retail only; Carpets, rugs and linoleum; Car wash, automated and enclosed, similar to Shiners and those associated with gasoline service stations; Churches; Cleaners; Coin dealers; Computers, hardware and software sales and service; Confectionary and ice cream stores; Convenience stores and markets, including those which sell gasoline, provided gasoline pumps shall not be located within two hundred fifty (250) feet of any residential prop~rty line; Dance and music studios; Day nurseries, kindergartens and day care; Drug and sundry stores; Employment agencies; Financial institutions, banks, savings and loan; Florist and gift shops; Full and self service gas stations (major oil companies), including those providing mechanical repair service, car washes and convenience stores, provided these are located adjacent to State Road 434 and no gasoline tanks are located within two hundred fifty (250) feet of any residential property line; f'''-J rn ~ g; ~--:2 -....... r" ~~ ---: 5: o r-- n; ....... a c:::\ ;:: ....::- ;, "":J'- ~~ ~ '-0 c') ,. 1~ !"'~.I~ I ago ah. ai. aj. ak. al. am. an. ao. ape aq. are as. at. au. avo aWe ax. aYe az. ba. bb. be. bd. be. bf. bg. bh. bi. bj. bk. bl. bm. bn. C/BJM 6786062PCU 07/30/90.1 Furniture, retail; Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods, but shall not include the sale of gasoline; Hardware stores; Heal th- food; Hobby and craft shops; Hospitals and nursing homes; Ice, retail, when associated with another permitted use; Insurance; Interior decorating and draperies; Jewelry stores; Libraries; Loan companies; Locksmiths; Luggage shops; Medical clinics and laboratories; Outdoor advertising signs sales offices; Paint store; Parking garages when associated with another permitted use; Pets shops and grooming; Photographic studios; Physical fitness and health clubs; Post office; Privat~ clubs and lodges; Quick printers; Radio and TV broadcasting studios, excluding towers; Radio, TV, video and stereo sales and service; Rental shops; Regulated professions, offices and professions licensed and regulated by the department of professional regulation pursuant to P.S. Ch. 455 and F.S. ~20.80, as now existing or as hereafter amended; Restaurants; Schools, public, private and parochial, service vocational schools (such as cosmetology, medical and dental-assistant's training) requiring no mechanical equipment; Shoe repair shops; Skating rinks, provided either (i) no building may be located nearer than two hundred fifty (250) feet from any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawilla PUD; Sporting goods, retail, such as Sports Unlimited, Sports Authority, Oshman's, Robby's and specialty sporting goods stores; Swimming pools; sales, service and supplies and .~-...) I'.) c-::, Cl -J ~,. ,.... . . -.J _. ,. I::::::> r , -.- ;:: :. -:.0 l,.. " C:~ .:::; ,-:/ (/1 rr: ~- (.::)- ;- Pl c. -, r 2 contractors associated therewith; Taxidermists; Telephone business office and exchanges; Theaters, not drive-ins; Title companies; Tobacco shops; Toy stores; Travel agencies; Wearing apparel stores; Hairstylist, barber shops, beauty shops; Musical instruments, sales and service; Record stores, music stores; Optical services and sales; ~ Camera shops, Photographic stores, Photo developers; Party supplies and services; Doctors, Dentists; Department stores and clothing stores, such as Burdines, Iveys, Jordan Marsh, Ross, Marshalls, K-Mart, Wal-Mart, Target, Service Merchandise; Fast food restaurants, including drive-through boo bp. bq. br. bs. bt. bu. bv. bw. bx. by. bz. ca. cb. cc. cd. ceo ~....~ (rl l"T1 :~ (,=' r- f'....) ~ ~ n:1 o C'l~.. ;;>< -_. ,.-, r-- c:::> -j.::- " -0 ;-~~ ~p- """ c; Pi '.:.0 -----f servIces: cf. Specialty groceries and foods, such as Petty's, Barney's, delicatessens; cg. Office buildings and office parks, general; ch. New car dealerships and customary associated services; ci. Tire stores and services customarily associated therewith, such as Firestone, Goodyear, Allied Discount Tires, Sears, K-Mart; cj. Automotive services, specialized such as oil change and tune up centers; ck. Boat sales and services (new), including customarily associated services; cl. Retail sales: Building and Plumbing supplies, including those associated with hardware stores, such as Tru-Value, Ace, Scotty's, Handy Dan's, Builders Square, Horne Depot, etc.; cm. Cabinet sales, retail; cn. Cold storage and frozen food lockers when used in conjunction with a primary use such as grocery, restaurant and similar uses; co. Manufacturing and assembly of scientific and optical precision instruments; cpo New recreational vehicle dealerships and customarily associated services uses; cg. Roofing, retail sales, when associated with another permitted use; cr. Mini-Warehouses and storage; 3 C/BJM 6786062PCU 07/30/90.1 cs. Pest control and exterminating services, offices, no chemical storage; Nursery products and supplies, plants, trees and associated uses, including stores such as Frank's Nursery, White Rose, etc., not including manufacturing and wholesale distribution of bulk materials; Home improvement stores such as Scotty's, Builder's Sauare, Home Depot; and Video stores, sales and rentals. ct. cu. cv. 2. The parties agree that intended uses hereunder include those normally associated with retail commercial areas and shopping centers. It is the intent of the parties that this list is not all inclusive of permitted Commercial uses, provided that additional Commercial uses shall be subject to the approval of the City Commission. The uses hereunder may be free-standing or part of an attached shopping center. ~..~ ~ c:-n (.1'') CJ ,..., -J C. " ;;;><: -- --- ~ C~:' , - n a "--' ..., ~ v -,- en ):,.. C1 ~.~ p-, 4 C/BJM 6786062PCU 07/30/90.1 ..~:...... '., LAKE JESSUP PROPERTY r"~ f'..J 17' (.., 0 ;TJ -J ~~" ~ - ~ i c: r- .-,.,,; r. C-::J ~ ::.,.. .:; I": LA ND USE C3 SINGLE FAMILY t=..TI\ MULTI FAMILY c::::I COMMERCIAL c:=J ROAD R.O.W. \ ' - I ~ ; . I \ . . I \ . . I \ ! o .. '_._~ ~- TUSCAWILLA P.D.D. ~ ~ If: ~.!h li!X!Du. I^r~ . . .. ". 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Box 633 Orlando, Florida 32802 , "':"~'" ARTICLE I DEFINITIONS TABLE OF CONTENTS Page 1 5 6 6 6 7 7 7 7 7 7 7 8 8 8 8 8 8 8 9 9 9 10 11 11 12 12 12 12 12 13 13 13 14 14 ARTICLE II OBJECTS AND PURPOSES ARTICLE III EFFECT OF DECLARATION . . . . . . 3.1 Covenants Runninq with Land. 3.2 Property Affected. 3.3 Parties Affected. ARTICLE IV PROPERTY SUBJECT TO DECLARATION 4.1 Subiect Property. . . 4.2 Addition of Broperty. ARTICLE V USE CLASSIFICATIONS ..... 5.1 Residential Property. 5.2 Common Property. ARTICLE VI PERMITTED USES 6.1 Residential Property. 6.2 Common Property. ARTICLE VII USE RESTRICTIONS - RESIDENTIAL PROPERTY 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 Sinqle Family Onlv. . . Ownership and Leasinq. Subdivision. .... Commercial Actiyity. Offensive Activity. . Animals and Pets. Commercial and Recreational Vehicles. Maintenance. .... Reconstruction of Damaqed Improvements. Garbaqe and Garbaqe Containers. Burninq. Storaqe Tanks. .... Mineral Exploitation. . Laundry and Clothes Dryinq. Radio Transmission Equipment. Siqns. Trees. Drainaqe. . Pesticides, Herbicides and Fertilizers ,j; 7.20 Rules and Requlations. 7.21 Enforcement. 7.22 Precedence Over Less Requlations. ARTICLE VIII BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY 8.1 Buildinq Tvoe. 8.2 Approved Plans. 8.3 Governmental Requlations. 8.4 Desiqn Standards Manual. 8.5 Construction. 8.6 ~onstruction Time. 8.7 Heiqht Limitation. 8.8 Buildinq Setback Lines. 8.8.1 Lots. - . 8.8.2 Corner Lots. 8.8.3 Lakefront Lots 8.8.4 Exclusions. 8.9 Other Setbac~'Lines. 8.9.1 Swimminq Pools. 8.9.2 Swimminq Pool Enclosures. 8.9.3 Outbuildinqs and Accessory Structures. 8.9.4 Desiqn Standards Manual. Intentionally Blank. Dwellinq Size. Temporary Improvements. Garaqes and Carports. Curb Cuts. Driveways. Roofs. Roof Structures. Antennas, Etc. Windows. Reflective or Mirrored Glass. Awninqs, Shutters and Window Coverinqs. Exterior Air Conditioninq Equipment. Fences and Walls. Swimminq Pool Screens. Exterior Buildinq Materials, Finishes and Colors. Exterior Liqhtinq. Mailboxes and Other Delivery Boxes. Underqround Utilities. Landscapinq. Grass. Trees. Irriqation Systems. Artificial Veqetation. Lakefront Lot Berm and Swale System 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 Strinqent Decks, ii Governmental . - Patios and Paqe 14 14 15 15 15 15 16 16 16 16 16 17 17 17 17 17 17 17 17 18 18 18 18 18 18 19 19 20 20 20 20 21 21 21 21 21 22 22 22 23 23 23 23 23 24 24 "" Paqe 8.35 Docks and Boathouses 25 8.36 Seawalls or Bulkheads 26 8.37 Sidewalks. 26 8.38 Precedence Over Less Strinqent Governmental Requlations. 27 8.39 Waivers, Exceptions and Variances by Developer. 27 8.40 Architectural Review Board Approval. 28 ARTICLE IX COMMON PROPERTY Additional Property. Restriction on Use. Restriction on Conveyance. Encumbrance as Security. Use by Owners. Deleqation of Use. Waiver of Use. Administration and Care. Rules and Requiations. Community Wall. Payment of Assessments Not Substitute 29 29 29 29 30 30 31 32 32 32 32 33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 for Taxes. ARTICLE X ASSESSMENTS 33 10.1 Assessments for Common Expenses. 33 10.2 Common Expenses. 33 10.3 Use of Assessments. 35 10.4 Prohibited Use of Assessments. 35 10.5 Lien for Assessments. 35 10.6 Personal Liability for Assessments. 35 10.7 Types of Assessments. 36 10.8 Reqular Assessments. 36 10.8.1 Rate of Reqular Assessment. 37 10.8.2 Developed vs. Undeveloped Lots 37 10.8.3 Notice of Reqular Assessments. 37 10.8.4 Commencement of Reqular Assessments. 37 10.8.5 Insufficient Reqular Assessments. 37 10.8.6 Limitation on Increases. 38 10.8.7 Payment of Assessments. 38 10.8.8 Developer Option. 38 10.8.9 Reserves. 39 10.9 Capital Expenditure Assessments. 39 10.10 Special Assessments. 40 10.11 Individual Lot Assessments. 40 10.12 Quorum for Action Authorized Under Subsection 10.8.6 and Sections 10.9 and 10.10. 41 10.13 Uniformity of Assessments. 41 10.14 Exempt Property. 41 10.15 Subordination of Assessment Lien. 41 10.16 Certificate of Assessments Due. 42 iii -' Paqe 10.17 10.18 No Defenses or Offsets. Waiver of Homestead and Other Exemptions. 42 42 ARTICLE XI NON-PAYMENT OF ASSESSMENTS 11.1 Delinquency. 11.2 Notice of Lien. 11.3 Foreclosure of Assessment Lien. 11.4 Collection from Owner. 11.5 Judqment Amount. 11.6 Remedies Cumulative. 11.7 Satisfaction of Lien. 43 43 43 43 44 44 44 44 ARTICLE XII ASSOCIATION: PURPOSES, 'DUTIES AND POWERS. 45 12.1 Oblects and Purposes and Function. 45 12.2 Duties and Powers, Generally. 45 12.3 Duties of Association. 45 -12.3.1 Payment of Common Expenses. 45 12.3.2 Levv and Collection of Assessm~nts. 45 12.3.3 Other Services. . " ...... 46 12.3.4 Insurance. 46 12.3.5 Preserve and Enhance Beauty of St. Johns Landinq. 46 - 12.3.6 Promotion of Health, Safety and Welfare. 46 12.3.7 Establish and Enforce Rules and Requlations. 4q 12.3.8 Other Activities. 46 12.3.9 Operate Without Profit. 46 12.4 Powers of Association. 47 12.4.1 Own and Deal with Common Property. 47 12.4.2 Levv and Collect Assessments. 47 12.4.3 Establish Reserves. 47 12.4.4 Sue and Be Sued. 47 12.4.5 Borrow Money. 47 12.4.6 Employ and Contract. 47 12.4.7' Intentionally Blank. 48 12.4.8 Provide Public or Ouasi Public Services. 48 12.4.9 Enforce Declaration. 48 12.4.10 Surface Water Manaqement System 48 12.5 Limitations and Restrictions on Power of Association. 48 12.5.1 Contracts for a Term in Excess of One Year . 49 12.5.2 Pledqe of Assessment Riqhts 49 12.5.3 Sale or Transfer of Real Property 49 12.5.4 Payment of Compensation to Officers or Directors 50 iv ..:.;' ARTICLE XIII ASSOCIATION. MEMBERSHIP AND VOTING RIGHTS 13.1 Membership. 13.2 Transfer of Membership. 13.3 Members' Riqhts. 13.4 Intentionally Blank. 13.5 Votinq Riqhts. 13.6 Classes of Votinq Membership; Number of Votes. 13.6.1 Class A. 13.6.2 Class B. 13.7 Intentionally Blank. 13.8 Approval by Members. .' ARTICLE XIV EASEMENTS 14.1 Easements Generally. 14.1.1 Utility Easements. 14.1.2 Drainaqe Easements. 14.1.3 Intentionally Blank. 14.1.4 Wall and Landscape Easements. 14.1.5 Landscape Easements. 14.1.6 Conservation Easements. 14.1.7 Intentionally Blank. 14.1.8 Construction and Marketinq Easements. 14.1.9 Association Easements. 14.1.10 Common Roads and Streets. 14.1.11 Berm and Swale Easements 14.1.12 Shoreline Protection Easement 14.2 Future Easements. ARTICLE XV ARCHITECTURAL AND LANDSCAPE CONTROL . 15.1 Reservation of Architectural and Landscape Control. 15.2 Architectural Review Board Established. 15.3 Architectural Review Board Authority 15.4 Architectural Review Board Approval. 15.5 Oblective Standards. 15.6 Rules and Requlations. 15.7 Sublective Judqment. 15.8 Review. 15.9 Applications. 15.10 Procedure. 15.11 Approval. 15.12 Chanqes. 15.13 Notice of Action. 15.14 Developer Action. 15.15 Exculpation for Approval or Disapproval of Plans. v Paqe 50 50 50 51 51 51 51 51 52' 52 52 53 53 53 53 54 54 54 55 57 57 57 58 58 58 59 60 60 60 60 61 61 61 61 62 62 62 63 63 63 64 64 "'1' ARTICLE XVI AMENDMENT 16.1 Amendment by Developer: 16.2 Amendment by Association. 16.3 Manifestation of Requisite Consent. 16.4 Effectiveness of Amendments. 16.5 Limitations on Amendments~ ARTICLE XVII DURATION ARTICLE XVIII ENFORCEMENT . 18.1 Parties Entitled to Enforce. 18.2 Limitations on Enforcement Riqhts. 18.3 Enforcement by Owners. 18.4 Attorneys' Fees'. 18.5 No Waiver. 18.6 Nuisance. I' 18.7 Cumulative Riqhts and Remedies. 18.8 Effect of Invalidation. 18.9 Exculpation. ARTICLE XIX MISCELLANEOUS PROVISIONS 19.1 Constructive Notice and Acceptance. 19.2 Personal Covenants. 19.3 Governinq Law. 19.4 Construction. 19.5 Article and Section Headinqs. 19.6 Sinqular Includes Plural, Etc. 19.7 Time of Essence. 19.8 Notice. 19.9 Development and Construction bv Developer. 19.10 Assiqnment of Developer's Riqhts Interests. 19.11 No Warranties. vi Paqe 65 65 65 65 ; 66 66 67 68 68 69 69 69 69 70 70 70 70 70 70 71 71 71 71 71 71 72 72 and 72 73 " DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR ST. JOHNS LANDING THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR ST. JOHNS LANDING is made and executed this day of , 1996, by RICHLAND TUSCAWILLA, LTD., a Florida limited partnership (hereinafter referred to as the "Developer") . WIT N E SSE T H: A. Developer is the record owner of fee simple title to certain real property situate in Seminole County, Florida, which is more particularly described as follows: All lands included within and embraced by the plat of St. Johns Landing, according to the plat thereof as recorded or to be recorded in the Public I:Records of Seminole County, Florida, whi~h plat shall include the lands described on Exhibit "A" attached hereto. (hereinafter referred to as the "Subject Property"); and B. Developer intends that the Subject Property be developed as a single family residential community known as "St. Johns Landing;" and C. The Developer desires to insure that the Subject Property is subdivided, developed, improved, occupied, used and enjoyed pursuant to a uniform plan of development; and D. Developer desires to impose this Declaration upon the Subject Property, to the effect that the lands within and comprising St. Johns Landing shall be subj ect to these uniform covenants, conditions, restrictions, easements and reservations. NOW, THEREFORE, for and in consideration of the premises hereof, Developer does hereby declare that the Subject Property shall be and is hereby encumbered by and made subject to those covenants, conditions, restrictions, easements and reservations hereinafter set forth. ARTICLE I DEFINITIONS For purposes of this Declaration, the following terms shall have the following definitions and meanings: 1.1 "Architectural Review Board" shall mean and be defined as the committee created and established by and pursuant to this Declaration which is responsible for the review and approval of all plans, specifications and other materials describing or depicting improvements proposed to be constructed on Residential Property and also responsible for the administration of those provisions of Article XV of this Declaration entitled Architectural and Landscape Control. 1.2. "Assessment" shall mean and be defined as any assessment of an Owner and a Lot by the Association for Common Expenses and other items pursuant to, in accordance with and for the purposes specified in Article X.of this Declaration. 1.3 ,."Association" shall mean and be defined as St. Johns Landing Community Assoc~ation, Inc., a corporation not-for-profit organized and existing_under the laws of the State of Florida. 1.4 "Board" shall mean and be defined as the Board of Directors of the Association. 1.5 "Citv" shall :mean and be' defined as the City of Winter Springs, a political subdivision of the State of Florida, specifically including each and all of its departments and agencies. 1.6 "Common Expenses" shall mean and be defined as those costs and expenses of the Association more particularly identified and described in Section 10.2 of this Declaration. 1.7 "Common Propertv" shall mean and be defined as all real and personal property, rights and interests from time to time owned or held by the Association for the common use, enjoyment and benefit of all Owners, including, but not limited to the Community Wall, the Common Streets and Roads, the stormwater management tracts and facilities, the benefits of landscape and wall easements shown on the Plat, the conservation easements shown on the Plat, the benefit of the easements established by this Declaration or the Plat for any common facilities that from time to time may be installed on any Lot, and all easements, if any, granted to or for the benefit of the Association. 1.8 "Common Streets and Roads" shall mean and be defined as the rights-of-way of all streets, roads, drives, courts, ways and cuI de sacs within St. Johns Landing which remain private and are not dedicated to the public use, as the same are described in and depicted on the Plat and all paving, curbs, gates and other improvements, facilities and appurtenances located therein, including street lights and utility lines, but specifically not including any potable water, sanitary sewer or other utility lines that are dedicated to the City. 2 " 1.9 "Community Wall" shall mean and be defined as any wall or similar structure from time to time situated on the landscape and wall easements as shown on the Plat, together with any footings, related equipment, landscaping (including wiring or irrigation systems) and other appurtenances. 1.10 "County" shall mean and be defined as Seminole County, a political subdivision of the State of Florida, specifically including each and all of its departments and agencies. 1.11 "Declaration" shall mean and be defined as this Declaration of Covenants, Conditions, Easements and Restrictions for St. Johns Landing apd all amendments thereto and modifications thereof as are from time to time recorded among the Public Records of the County. 1.12 "Desiqn Standards Manual" shall mean and be defined as that document or those documents that may be adopted, promulgated and published by the Architectural Review Board, as the same shall be amended from time to time, setting forth architectural and landscape design standards, specifications and other criteria to be used as the standard,.' for determining compliance with this Declaration and the acceptability of those components of buildings, structures, landscaping and all other improvements, constructed, erected, placed or installed upon Residential Property as more particularly provided in Article XV of this Declaration. 1.13 "Developer" shall mean and be defined as Richland Tuscawilla, Ltd., a Florida limited partnership, and such other person(s) to whom the Developer specifically assigns by written instrument its rights as Developer hereunder as to all or any portion of the Subject Property, as described in Section 19.10 of this Declaration. 1.14 "St. Johns Landinq" and "St. Johns Landinq Community" shall mean and be defined as St. Johns Landing, the single family residential community planned for and developed on the Subj ect Property as reflected on the Plat recorded or to be recorded in the Official Records of the County, including all Residential Property and Common Property. 1.15 "Governmental Requlations" shall mean and be defined as all applicable laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having jurisdiction over the Subject Property or any Improvements constructed or located thereon, including, without limitation, those pertaining to building and zoning. 1.16 "Institutional Lender" shall mean and be defined as and include (a) any state or federal savings bank, commercial bank or savings and loan association, any real estate investment trust, any 3 " insurance company, any mortgage banking company, any mortgage company, any penslon and/or profit sharing plan or any other lending or investing institution, generally and customarily recognized as being engaged, in the ordinary course of its business, in making, holding, insuring or guaranteeing first lien priority real estate mortgage loans and (b) Developer, to the extent that Developer shall hold a mortgage upon any portion of the Subject Property, and all successors, assigns, assignees and transferees of Developer who shall own or hold any mortgage upon the Subject Property or any portion thereof which was originally executed and delivered to and owned and held by Developer. 1.17 "Improvements" shall mean, be defined as and include any buildings, outbuildings, structures, driveways, walkways, swimming pools, pat.ios, decks, fences, walls, landscaping, and any and all other appurtenances, facilities and improvements of any kind, nature or description constructed, erected, placed, installed or located on Residential Property and any replacements thereof and all additions or alterations thereto. 1.18 "Lot(s) " shall'mean and be defined as a separate single family residential buil~ing site within the Subject Property as the same is subdivided and described by a number pursuant to and in accordance with the Plat and shall include any Improvements from time to time construGted, erected, placed, installed or located thereon. The Developer currently plans to plat a total of thirty- one (31) Lots but is under no obligation, express or implied, to do so. 1.19 "Owner" shall mean and be defined as one or more persons or entities who or which are, alone or collectively, the record owner of fee simple title to any Lot, parcel, piece or tract of land within St. Johns Landing, including Developer and its successors and assigns, but excluding those having an interest in any such Lot merely as security for the payment of a debt of the performance of an obligation. 1.20 "Plat" shall mean and be defined as any of the plats of the Subject Property, as recorded or to be recorded in the Public Records of the County. 1.21 "Residential Property" shall mean and be defined as all of the Lots. 1.22 "SJRWMD" shall mean the St. Johns River Water Management District. 1.23 "Surface Water Manaqement System'l means a system including, but not limited to, roadway and rear-yard under-drains, 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 4 -. 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 Chapters 40C-4, 40C-40, or 40C-42, F.A.C. 1.24 "Sub-;ect Property" shall mean all lands included within and embraced by the plat of St. Johns Landing, according to the plat thereof as recorded or to be recorded in the Public Records of Seminole County, Florida, which plat shall include the lands described in Exhibit "A" attached hereto, together with any additional lands to which the Developer may subsequently extend this Declaration as contemplated in Section 4.2. ARTICLE II OBJECTS AND PURPOSES The covenants, conditions, restrictions, easements and reservations set forth in-this Declaration are hereby imposed upon the Subject Property for the following objects and purposes: (a) To establish St. Johns Landing as a premier single family residential commpnity in Central Florida; (b) To create, develop, foster, maintain, preserve and protect within St. Johns Landing a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to St. Johns Landing; (c) To ensure that the development of St. Johns Landing will proceed pursuant to a uniform plan of development with consistently high architectural, environmental, ecological and aesthetic standards; (d) To ensure the proper and appropriate subdivision, development, improvement, occupation, use and enjoyment of each Lot, piece, parcel or tract of land within St. Johns Landing; (e) To protect each Lot, piece, parcel or tract of land within St. Johns Landing against the improper, undesirable, unattractive, or inappropriate subdivision, development, improvement, occupation, use and enjoyment of contiguous, adjacent or neighboring Lots, pieces, parcels or tracts of land; (f) To encourage the development, construction, maintenance and preservation of architecturally and aesthetically attractive and harmonious Improvem~nts appropriately designed for, and properly located on, each Lot, piece, parcel or tract of land within St. Johns Landing; (g) To guard against the development and construction of improper, undesirable, unattractive or inappropriate Improvements 5 and the use of improper, undesirable, unsuitable or unsightly materials; (h) To provide for the future ownership, management, administration, improvement, care, maintenance, use, regulation, preservation and protection of all Common Property within St. Johns Landing and to provide for and assure the availability of the funds required therefor; (i) To provide for the establishment, maintenance, preservation, protection and enhancement of consistently high property values within St. Johns Landing; (j) To accomplish, meet, satisfy and fulfill certain Governmental Regulations and other governmental requirements; (k) To provide Developer with effective control over the development, management, -administration, care, maintenance, use, appearance, marketing and sale of, and the construction of Improvements upon, the Subject Property for so long as Developer shall own portions of the Subject Property; and (1) In general, to provide for the development, creation, operation and preservation upon the Subject Property of an exclusive single family community of the highest quality and order and. to establish through this Declaration a procedure to ensure accomplishment of the foregoing objectives and purposes. ARTICLE III EFFECT OF DECLARATION 3.1 Covenants Runninq with Land. This Declaration and each and everyone of the covenants, conditions, easements, restrictions and reservations contained herein are hereby declared to be and shall hereafter continue as, covenants running with title to the Subj ect Property upon which the same are hereby imposed as an encumbrance. 3.2 Property Affected. This Declaration and the covenants, conditions, restrictions, easements and reservations set forth herein shall be binding upon, inure to the benefit of and constitute a burden upon all of the Subject Property in accordance with the terms set forth herein. Accordingly, as more particularly specified in this Declaration, all Lots, pieces, parcels and tracts of land within the Subject Property shall hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to and benefited and burdened by the terms and provisions of this Declaration and each of the covenants, conditions, restrictions, easements and reservations contained herein. 6 3.3 Parties Affected. Except as hereinafter specifically provided, this Declaration shall be binding upon and inure to the benefit of all O~ners of the property affected and encumbered by this Declaration, including Developer and the Association, and all other persons having or claiming any right, title or interest in such property. Accordingly, each and every person or party who or which shall hereafter acquire, have or claim any right, title or interest in and to any Lot, piece, parcel or tract of land within the Subject Property, whether by, through or under Developer or any subsequent Owner, shall, by virtue of the acceptance of any such right, title, interest or claim, whether by deed or other instrument, or by operation of law or otherwise, and whether voluntarily or involuntarily, be deemed to have acquired and accepted such right, title, interest or claim in or to any such Lot, piece, parcel or tract of the Subject Property subject to and benefited and burdened by the covenants, conditions, restrictions, easements and reservations set forth in this Declaration the same as if such person or party had specifically joined in and agreed and consented to each and everyone of the terms and provisions of this Declaration and th,e same as if each and everyone of the covenants, conditions, ~~seme~ts, restrictions and reservations set forth in this Declaratibn had been fully set forth in the deed or other instrument of conveyance pursuant to which such right, title, interest or claim was acquired. ARTICLE IV PROPERTY SUBJECT TO DECLARATION 4.1 Sublect Property. The property which shall be subject to, and encumbered, governed, benefited and burdened by this Declaration shall be all of the Subject Property as the same is herein defined and described. 4.2 Addition of Property. Developer hereby reserves to itself and shall hereafter have the right, but not the obligation, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval of any party or person whomsoever or whatsoever, to impose this Declaration upon additional property adjacent or contiguous, notwithstanding any right of way, to the Subject Property which is now or may hereafter be owned by Developer, by the filing of an appropriate instrument to that effect among the Public Records of the County. ARTICLE V USE CLASSIFICATIONS 5.1 Residential Property. Residential Property shall include each Lot. 5.2 Common Property. Common Property shall include all real and personal property from time to time owned by the Association and tracts of land, if any, shown on the Plat as owned or to be 7 owned by the Association, for the common use, enjoyment and benefit of all Owners, including, but not limited to the Community Wall, the Common Streets and Roads, the- benefit of landscape and wall easements shown on the Plat, the stormwater management tracts, the benefit of the easements established by this Declaration for any common facilities that from time to time may be installed on any Lot, as provided in this Declaration, and all easements, if any, granted to the Association. - ARTICLE VI PERMITTED USES 6.1 Residential Property. Except as hereinafter provided in Subsection 14.1.8 of this Declaration, Residential Property shall be improved as and used, occupied and enjoyed solely and exclusively for single -family residential dwelling purposes and no other uses or purposes whatsoever. 6.2 Common Propertv. Common Property shall be improved, maintained; used, and enjoyed for the common recreation, health, safety, welfare, benefit and convenience of all Owners and residents of St. Johns Landing and their guests and invitees. ARTICLE VII USE RESTRICTIONS - RESIDENTIAL PROPERTY The use, occupation and enjoyment of Residential Property shall be subject to and governed by the following covenants, conditions and restrictions: 7.1 Sinole Familv Only. Except as specifically provided in Subsection 14.1.8 of this Declaration, no use shall be made of Residential Property other than for single family residential dwelling purposes. 7.2 Ownership and Leasino. Ownership of Residential Property shall be for single family residential dwelling purposes only. Accordingly, Residential Property may not be rented or leased for any single period of less than twelve (12) months. No "time-share plan", as that term is defined in Section 721.05, Florida Statutes, or any similar plan of fragmented or interval ownership of Residential Property shall be permitted. 7.3 Subdivision. No Lot shall be subdivided nor shall any portion of a Lot less than the whole thereof be sold, conveyed or transferred without the prior written approval and consent of the Developer. Nothing herein contained, however, shall prevent the subdivision of a Lot by Developer in such manner that any portion of a Lot may be sold, transferred and conveyed by Developer, together with the whole of an adjacent or contiguous Lot such that the whole of one Lot and a portion of another Lot which are owned 8 in common by the same Owner may be combined, developed and improved by such Owner as a single unified home site. Once so combined, developed and improved as a single unified residential home site no such combination of a Lot and a portion of another Lot or combination of two (2) or more Lots shall thereafter be re- subdivided into more than one (1) single family residential home site. In the event of any such conveyance and combination, the grantee from the Developer shall cause to be submitted an application to modify or re-plat the lots affected by such conveyance and combination. 7.4 Commercial Activity. Except for (i) the permitted activities specifically provided in Subsection 14.1.8 of this Declaration, and (ii) the use of a room or rooms within a residence as an in-home office, no business, commercial, industrial, trade, professional or other non-residential activity or use of any nature, type, kind or description shall be conducted upon or from Residential Property or- within any Improvements located or constructed thereon. The use of any residence must be primarily that of residential and,_ accordingly; any in-home office must be secondary to the residential use. No signs of any type advertising or describing in any way the in-home office use or business are permitted to be placed anywhere within the Lot or within or upon the residence. The activities or business conducted at the in-home office shall not be such as to generate traffic by customers,' vendors or the like, through St. Johns Landing or to the residence. 7.5 Offensive Activity. No illegal, noxious, unsightly or offensive activity shall be carried on or conducted, upon or from Residential Property nor shall anything be done thereon which may be or tend to become or cause an unreasonable annoyance or nuisance, whether public or private, to residents in the immediate vicinity or to the St. Johns Landing Community in general or which may be or tend to become an interference with the comfortable and quiet use, occupation or enjoyment of any other Residential Property. 7.6 Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon Residential Property, except for dogs, cats, birds or other usual and customary household pets, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by Developer or the Association, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each such type of household pet (other than aquarium kept fish) shall prima facia be considered unreasonable. Notwithstanding the foregoing provisions of this Section 7.6 permitting dogs, cats, birds or other usual and customary household pets, however, no such reptiles, animals, birds or other pets may be kept, raised or maintained on Residential Property under circumstances which, in the good faith judgment of 9 Developer or the Association, shall constitute an unreasonable annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with tne comfortable and quiet use, occupation and enjoyment of other Residential Property. 7.7 Commercial and Recreational Vehicles. (a) No truck, bus, trailer or other "commercial vehicle" (as that term is hereinafter defined) and no mobile home, motor home, house trailer, camper, van, boat, boat trailer, horse trailer or other recreational vehicle or the like shall be permitted to be parked or stored on Residential Property unless the same shall be parked or stored entirely within and fully enclosed by a garage; nor shall any such commercial or recreational vehicle or the. like be permitted to be parked or stored on any street wi thin the Subject Property. Notwithstanding the foregoing, however, it is expressly provided that commercial vehicles shall be permitted to be parked on or in front of (but not adjacent to) Residential Property on which bona fide ongoing construction activity is taking place; nor shall the foregoing provisions of this Subsection (a) apply to parking on "a temporary or short - term basis" (as that term is hereinafter defined):: (b) No passenger automobile, commercial, recreational or other motorized vehicle, or the like, shall be dismantled, abandoned, serviced, rebuilt, repaired, or repainted on Residential Property. Neither shall any such automobile or vehicle be parked or stored on Residential Property. Notwithstanding the foregoing provisions of this Subsection (b), however, it is expressly provided that the foregoing restriction shall not be deemed to prevent or prohibit those activities normally associated with and incident to the day-to-day maintenance, washing, waxing and polishing of such vehicles. (c) No motorcycle, motor scooter, moped, ATV (all terrain vehicle) or other two-wheeled, three-wheeled or four- wheeled motorized vehicle, or the like, shall be permitted to be parked or stored on Residential Property unless the same shall be parked or stored entirely within and fully enclosed by a garage. (d) In the context of this Section 7.7, parking on "a temporary or short-term basis" shall mean and be defined as parking for a continuous period not exceeding twenty-four (24) hours in duration. Parking on "a temporary or short term basis" is permitted only for (i) recreational vehicles belonging to overnight guests of Owners, (ii) commercial vehicles used in connection with the furnishing of services and/or the routine pick-up and delivery respectively, of materials from and to Residential Property (including those commercial vehicles used in connection with a bona fide current on-going construction of Improvements on Residential Property), and (iii) commercial or recreational vehicles belonging to or being used by Owners for loading and unloading purposes only. 10 '.~ Notwithstanding anything contained herein to the contrary, parking on "a temporary or short-term basis" is prohibited from occurring as to any Lot more frequently than three (3) times in each calendar year. (e) In the context of this Section 7.7 the term "commercial vehicle" shall mean and be defined as a truck, motor home, bus or van of greater than three-quarter (3/4) ton capacity displayed on any part thereof advertising any kind of business or on or within which any commercial materials and/or tools are visible. (f) The Developer and the Association shall, subject to reasonable approval by the City, each be entitled and is hereby empowered ,to adopt additional reasonable rules and regulations governing the admission to and parking, use and storage of commercial and recreational vehicles within St. Johns Landing, and if so adopted the same - shall be binding upon all Residential Property and all Owners and their guests and invitees. (g) Any comm~rcial, recreational, or other vehicle parked or stored in violation of these restrictions or in violation of any rule and regulation adopted by the Association concerning the same may be towed away or otherwise removed by or at the request of the Association and at the sole expense of the Owner of the Lot upon which is parked any such commercial, recreational or other vehicle in violation of these restrictions or such rules and regulations. In the event of such towing or other removal, the Association and its employees or agents shall not be liable or responsible to the owner of such vehicle for trespass, conversion, or damage incurred as an incident to or for the cost of such removal or otherwise; nor shall the Association, its employees or agents be guilty of any criminal act or have any civil liability by reason of such towing or removal, and neither its towing or removal nor the failure of the owner of the towed or removed vehicle to receive any notice of the violation of the provisions of this Section 7.7 shall be grounds for relief of any kind. 7.8 Maintenance. Each Lot and all Improvements, including landscaping, located thereon shall at all times be kept and maintained in a safe, clean, wholesome and attractive condition shall not be allowed to deteriorate, fall into disrepair or become unsafe or unsightly. In particular, no weeds, underbrush or other unsightly growth and no trash, rubbish, refuse, debris or unsightly objects of any kind shall be permitted or allowed to accumulate on Residential Property. Enforcement of the provisions of this Section 7.8 shall be in accordance with the provisions of Section 7.21 of this Declaration and such other provisions of this Declaration as shall be applicable to its enforcement generally. 7.9 Reconstruction of Damaqed Improvements. In the event that a residential dwelling or other Improvements on Residential 11 Property shall be damaged or destroyed by casualty, hazard or other cause, including fire or windstorm, then, within a reasonable period, not exceeding three (3) months following the occurrence of the offending incident, the Owner of the affected Residential Property shall cause the damaged or destroyed Improvements to be repaired, rebuilt or reconstructed or to be removed and cleared from such Residential Property. Any such repair, rebuilding or reconstruction shall be approved and accomplished as otherwise required pursuant to the provisions of this Declaration. Enforcement of the provisions of this Section 7.9 shall be in accordance with the provisions of Sectlon 7.21 of this Declaration and such other provisions of this Declaration as shall be applicable to its enforcement generally. 7.10 Garbaqe and Garbaqe Containers. All garbage and trash containers and their. storage areas and the like shall be kept within a garage or placed inside of an enclosure approved by the Architectural Review Board or behind opaque walls attached to and made a part of the single family residential dwelling constructed on each Lot and otherwise in conformity with applicable rules and regulations. In no eveni shall any of the same be visible from any adj acent or neighbori~g property including all of the Common Streets and Roads. Further, all garbage and trash containers and their storage areas shall be designed and maintained so as to prevent animals from gaining access thereto. All such containers shall be put out for pickup or removal, and shall be removed from the street and placed back in their storage areas the night of such pickup or removal. 7.11 Burning. No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall be permitted or conducted on Residential Property. Nothing herein contained, however, shall be deemed to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers or the like, whether inside or outside of any building or other structure located on Residential Property. 7.12 Storaqe Tanks. No storage tanks, including but not limited to, those for water, oil, propane gas or other liquid, fuels or chemicals, including those used for swimming pools or the like, shall be permitted outside of a building on Residential Property unless the same shall be placed inside of walls, fences or similar type enclosures in conformity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent or neighboring property. 7.13 Mineral Exploitation. ,No exploration, mining, quarrying, or drilling for or exploitation of gas, oil, phosphate or other minerals may be conducted on Residential Property. 7.14 Laundrv and Clothes Drvinq. No laundry or clothes drying lines or areas shall be permitted outside of any building on 12 Residential Property unless the same shall be placed inside of walls, fences, landscaping screens or similar type enclosures in conformity with applicable rules. and regulations adopted and promulgated by the Association with respect-thereto. In no event shall any of the same be permitted if visible from any adjacent or neighboring property. 7.15 Radio Transmission Equipment. No radio, microwaye or other electronic transmission equipment, including ham radios, citizens band radios, walkie talkies and the like, shall be operated on Residential Property without the prior written consent of the Association, and such consent, once given, may be revoked by the Association in the event that the operation of any such equipment interferes with ordinary radio, telephone or television reception or equipment, including the St. Johns Landing central cable television and gate control systems. 7.16 SiGns. No sigp, billboard or advertising of any kind shall be displayed to public view on Residential Property without the prior written consent of the Architectural Review Board; except as follows, to wit: (a~' one (1) discreet professionally prepared sign not exceeding fOUl;, (4) inches high and eighteen (18) inches long identifying the name of the Owner and/or construction lender of a particular Lot, and (b) one (1) discreet professionally prepared sign of not more than five (5) square feet placed on the street side of a Lot identifying the architect and general contractor responsible , respectively, for the design and construction of a dwelling under construction on a particular Lot; provided, however, that such sign is first approved in writing by Developer, and (c) one (1) discreet professionally prepared "for sale" sign of not more than five (5) square feet placed on the street side of a Lot; provided, however, that such sign is first approved in writing by the Architectural Review Board. Notwithstanding the foregoing provisions of this Section 7 .16, Developer specifically reserves for itself and its agents, employees, nominees and assigns the right, privilege and easement to construct, place and maintain upon Residential Property signs as it deems appropriate in connection with the development, improvement, construction, marketing and sale of any Residential Property. Except as hereinabove provided, no signs or advertising materials displaying the names or otherwise advertising the identity of contractors, subcontractors, real estate brokers or the like employed in connection with the construction, installation, alteration or other improvement upon or the sale or leasing of Residential Property shall be permitted. 7.17 Trees. No trees shall be removed from any Lot without the prior written consent of the Architectural Review Board; provided, however that such removal shall be in compliance with Governmental Regulations. Such approval shall be reasonably given, however, if such removal is necessary in connection with the location of the main residential dwelling on a particular Lot where 13 the preservation of any tree would work a hardship or require extraordinary design measures in connection with the location of such dwelling on the Lot and where the plans and specifications for and location of the dwelling on the Lot have been approved by the 'Architectural Review Board as provided in Article XV hereof. As used herein the term "tree" 'shall mean and be defined as any- living, self-supporting perennial plant which has a trunk diameter of at least three (3) inches measured at D.B.H. (at the base of the tree) and normally grows to a minimum height of fifteen (15) feet. Any tree (s) removed in violation of this provision shall be immediately replaced with a tree of similar size and type. 7.18 Drainaqe. All storm water from any Lot shall drain into or onto contiguous or adj acent street rights -of -way, drainage, easements~ or retention areas. Storm water from any Lot shall not be permitted or allowed to drain or flow unnaturally onto, over, under, across or unde~' any contiguous or adjacent Lot unless a drainage easement shall_ exist for same and same is done in accordance with any and all applicable governmental permits and approvals. All work done on any Lot affecting or pertaining to the Lot grade, original drainage plan, - the flow of surface water drainage, the alteration or removal of any drainage or environmental berm or swale or any storm berm or swale, must be in accordance with the site grading and drainage plans for the Lot approved by the City. 7.19 -Pesticides, Herbicides and Fertilizers. No pesticides, insecticides, fungicides, herbicides, fertilizers or other deleterious substances shall be applied to the area below the top of the berm nearest the shore of any lakefront Lot or Residential Property. 7.20 Rules and Requlations. In addition to the foregoing restrictions on the use of Residential Property, the Association shall have the right, power and authority, subject to the prior written consent and approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or restricting the use of Residential Property and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all Residential Property and the Owners thereof and their successors and assigns, as well as all guests or invitees of and all parties claiming by, through or under such Owners. 7.21 Enforcement. In the event of a violation of or failure to comply with the foregoing requirements of this Article VII and the failure of the Owner of the affected Lot, within fourteen _(14) days following writ~en notice by the Association of such violation or non-compliance and the nature thereof, to cure or remedy such 14 violation, then the Association or its duly appointed employees, agents or contractors, shall have and are specifically granted an easement and license, at the Association's option, to enter upon the affected Lot or any portion or portions thereof or Improvements thereon, without being guilty of any trespass th~refor, for the purpose of undertaking such acts or actions as may be reasonably necessary to cure or eliminate such violation; all at the sole cost and expense of the Owner of the affected Lot. Such costs and expenses, together with an overhead expense to the Association of fifteen percent (15%) of the total amount thereof shall be assessed by the Association as an Individual Lot Assessment and shall be payable by the Owner of the affected Lot to the Association within ten (10) days after written notice of the amount thereof. Any such Individual Assessment not paid within said ten (10) day period shall become a lien on the affected Lot in accordance with the provisions of Section 10.5 of this Declaration. 7.22 Precedence Over-Less Strinqent Governmental Requlations. In those instances where the covenants, conditions and restrictions set forth in this Article VII set or establish minimum standards or limi tations or restrict'ions on use in excess of Governmental Regulations, the covenants, conditions and restrictions set forth in this Article VII shall take precedence and prevail over such less stringent Governmental Regulations. Conversely, in those instances where Governmental Regulations set or establish minimum standards or limitations or restrictions on use in excess of the covenants, conditions and restrictions set forth in this Article VII, the Governmental Regulations shall take precedence and prevail over the less stringent, covenants, conditions and restrictions set forth in this Article VII. ARTICLE VIII BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY The erection, placement, construction, repair, replacement and installation of all Improvements on Residential Property shall be subject to and governed by the following covenants, conditions, restrictions and reservations: 8.1 Buildinq Type. As the use of Residential Property is limited to single family residential dwelling purposes only, no building or structure other than one (1) single family residence or dwelling and its related appurtenances facilities and Improvements shall be placed, located, erected, constructed or installed or permitted to remain on Residential Property. 8.2 Approved Plans. All Improvements must be constructed in accordance with detailed plans and specifications prepared in conformance with all applicable Governmental Regulations and approved by the Architectural Review Board prior to the commencement of construction as more particularly provided in Article XV of this Declaration. 15 8.3 Governmental Requlations. All Improvements placed, located, erected, constructed and installed upon Residential Property shall conform to and - comply with all applicable Governmental Regulations, including, without limitation, all building and zoning regulations of the City, particularly those applicable to the Tuscawilla PUD. 8.4 Desiqn Standards Manual. All Improvements shall be placed, located, erected, constructed, installed and maintained on Residential Property in conformance with the Design Standards Manual for which provision is made in Article XV of this Declaration as the same may be changed, amended or modified from time to time. 8.5 Construction. The construction of all residential dwellings and other Improvements on Residential Property must be performed by such builders, 'general contractors and subcontractors as are (a) licensed in the State of Florida and the City to engage in the business of residential building and construction and (b) approved in writing by Developer as being qualified and otherwise acceptable to Developer:: to perform construction work within St. Johns Landing. The latiter approval shall be within the sole and absolute discretion of Developer. 8.6 Construction Time. Unless and otherwise approved by the Architectural Review Board in writing, construction of residential dwelling and other Improvements must be commenced not later than six (6) months from the date that the Architectural Review Board issues its written approval of the final plans and specifications therefor. If construction does not commence within such six (6) month period the plans and specifications for any proposed construction must once again be reviewed and approved by the Architectural Review Board in accordance with the provisions of Article XV of this Declaration and any prior approval of the same by the Architectural Review Board shall no longer be binding on the Architectural Review Board. Upon commencement of construction, such construction shall be prosecuted diligently, continuously and without interruption to completion within a reasonable time; but in no event more than one (1) year from the date of the commencement of such construction, however, the Architectural Review Board shall have the power and authority to extend the period permitted for construction, as aforesaid; provided that the Owner and general contractor involved make written application for such extension stating the reasons for the requested extension of time and provided further that the Architectural Review Board, in the exercise of its reasonable discretion, determines that the request is reasonable and the extension i$ warranted. 8.7 Heiqht Limitation. No Improvement on Residential Property shall exceed thirty-five (35) feet in height, from the finished grade to the roof peak at its highest point, except as expressly permitted by the Architectural Review Board. Each 16 residential dwelling on a Lot shall consist of not more than two (2) full stories (not including basement) unless otherwise approved in writing by the Architectural Review Board. 8.8 Buildinq Setback Lines.- No part of any building shall be constructed, erected, placed or installed any closer to the property boundary lines of Residential Property than as follows, to wit: 8.8.1 Lots. No closer than thirty (30) feet to the front yard (street side) property boundary line; twenty-five (25) feet to the rear yard property boundary line; and ten (10) feet to the side yard property boundary lines on interior lots. _8.8.2 Corner Lots. Notwithstanding the side yard building setback lines established elsewhere in this Section 8.8, the side yard building setback line on the side yard of corner lots (i.e., on_the street side of a Lot which is not the front of the residential dwelling constructed thereon) shall be twenty (20) feet to the side yard property lines on the side{s) of the property adjacent to street rights of way. " 8.8.3 Lakefront Lots. Notwithstanding the foregoing provisions of this Section 8.8, in the case of all lakefront Lots, the rear yard building setback line shall be fifty (50) feet from the normal high water line of the particular lake upon which such Lot is located. The normal high water line for Lake Jessup is established by Ordinance at the foot contour line as measured from and with reference to mean high sea level. 8.8.4 Exclusions. Those Improvements specified in Section 8.9 below shall be excluded from the building setback lines established in this Section 8.8. 8.9 Other Setback Lines. Improvements other than the main residential dwelling on a Lot shall be placed, located, erected, constructed or installed no closer to the property boundary lines of Residential Property, by type of Improvement, than as follows: 8.9.1 SwimminG Pools. No closer than the otherwise established side yard building setback line plus an additional five (5) feet and no closer than fifteen (15) feet to any rear yard property boundary line from the pool water's edge; except in the case of swimming pools constructed on lakefront Lots which must be constructed no closer than fifty (50) feet from the ordinary high water elevation specified in Section 8.8.3 above. No swimming pools shall be constructed in front or side yards. 8.9.2 Swimminq Pool Decks, Patios and Enclosures. No swimming pool deck or patio, whether constructed of concrete, 17 cool deck, aggregate wood or any other material, or enclosure, shall be constructed nearer than ten (10) feet to any rear yard property line or nearer than the otherwise established side .yard building setback line to any side yard property line except in the case of such decks, patios or enclosures constructed on lakefront lots which may not be constructed any closer than fifty (50) feet from the ordinary high water elevation specified in Section 8.8.3 above. 8.9.3 Outbuildinqs and Accessorv Struct.ures. All out buildings and accessory structures shall be located within the building setback lines otherwise established for the main residential dwelling on any Lot unless otherwise approved in writing by the Architectural Review Board. No such outbuilding or accessory structure shall exceed twelve (12) feet in height, measured from grounq level, nor have an area in excess of two hundred forty (240), square feet. No more than a total of two (2) outbuildings or. accessory structures, or combinations thereof, shall be located on any Lot and no such outbuilding or accessory structure ;nay be utilized as living quarters. 8.9.4 Desiqn Standards Manual. All other Improvements on Residential Property shall be set back from property boundary lines, as specified in the Design Standards Manual if one is in existence, otherwise as specified by the Association. 8.10 Intentionally Blank. 8.11 Dwellinq Size. Each single family residential dwelling constructed on Residential Property shall have a minimum heated and cooled living area of twenty-five hundred (2500) square feet. 8.12 Temporary Improvements. No buildings, structures improvements or other facilities of a temporary nature, including trailers, tents or shacks shall be permitted on Residential PropertYi provided, however, that temporary improvements or facilities used solely in connection with and during the period of the construction of approved permanent Improvements may be permitted by the Architectural Review Board, in its discretion, during the period of the construction of such permanent Improvements so long as the same have been properly permitted by applicable governmental authorities, are located as inconspicuously as possible, are removed immediately following the completion of such construction, and are not utilized as living quarters. The location of such temporary improvements during construction shall be approved in writing by the Arc~itectural Review Board. 8.13 Garaqes and Carports. No carports shall be placed, erected, constructed, installed or maintained on Residential Property. Each single family residential dwelling constructed and maintained on Residential Property shall have an attached garage as 18 an appurtenance thereto. All garages shall be for not less than two (2) standard sized passenger automobiles. Garages for more than three (3) automobiles must be specifically approved by the Architectural Review Board. Each garage shall have a minimum width, as measured from inside walls, of ten (10) feet per car and a minimum depth for each car of twenty-one (21) feet. Garages may also contain appropriately sized storage rooms, recreational workshops and tool rooms as approved by the Architectural Review Board. Subject to the granting of a variance by the Architectural Review Board as hereinafter provided, all garages shall be designed, erected, constructed, installed or maintained as side entry/load in such manner that the garage doors thereof shall not face any street or the- front of any residence. All garages must have garage doors that are operated by electric door openers k~pt in operable condition and all garage doors shall remain closed at all times; save and exc.ept for the temporary opening of same in connection with the ingress and egress of vehicles and the loading or placement and unloading or removal of other items customarily kept or stored therein. No garage shall be converted to another use (e.g., living space,) without the substitution, on the Lot involved, of another garage meeting the requirements of this Section 8.13 of this' Declaration and the approval of the Architectural Review Board a~ otherwise provided in this Declaration. Notwithstanding the foregoing provisions of this Section 8.13, because of the peculiarities of the size, shape, configuration, location and other physical characteristics of many Lots within St. Johns Landing, it may be impossible or impractical to design, erect, construct, install or maintain garages in such manner that the garage doors thereof do not face and are not visible from any street or the front of any residence. Accordingly, it is expressly provided that Developer without the consent of the Architectural Review Board, or the Architectural Review Board only with the consent of Developer, in their sole and absolute discretion, shall be entitled, and are hereby authorized, to grant waivers of and/or variances from such restriction in any particular instance and with respect to any particular Lot or Improvement. To the extent that any such waiver and/or variance is granted by the Developer and/or the Architectural Review Board, as aforesaid, the same shall not be deemed to be a precedent for the granting of such or any similar waive~ or variance in any other particular instance or with respect to any other particular Lot or Improvement. 8.14 Curb Cuts. Vehicular access to each Lot on Residential Property shall be through or over such driveway or driveways and curb cut or curb cuts as shall be approved by the Architectural Review Board prior to construction. The location, size and angle of the approach of all driveways and curb cuts shall be subject to the approval of the Architectural Review Board. 8.15 Drivewavs. All driveways, turnarounds and parking areas shall have a concrete base and shall be paved or finished with a 19 hard dust-free material approved by the Architectural Review Board or otherwise specified in the Design Standards driveway shall extend the entire distance from the the paved portion of the street or roadway in front to the'Lot on which such driveway is constructed. Manual. Each garage door to of or adjacent 8.16 Roofs. The roofs of the main body of all buildings and other structures, including the principal residence, shall be pitched. No flat roofs shall be permitted without the approval of Developer and the Architectural Review Board. Developer and Architectural Review Board may, in their discretion, approve flat roofs on part of the main body of a building if architecturally compatible with the remainder of the roof structure, the particular building on which it is to be constructed and all adjacent residences.- and other structures. The pitch of all roofs shall be not less than six inches (6 II) in twelve inches (12 II ) (6/12 vertical/horizontal) or as otherwise specified in'the Design Standards Manual. All roofs shall be constructed of clay, tile, cement tile, slate, standing seam copper, cedar shake shingle, 30- year architectural dimens.ional shingle or other materials specified_ in the Design Standards Manual or otherwise approved by the Architectural Review Board. All roof colors must be approved by the Architectural Review Board. No pure white, pure black or pure primary colored roofs shall be permitted. 8.17 Roof Structures. No antennas, windmills, appliances, rooftop attic ventilators, fans, solar collector panels or other rooftop installations or structure of any type shall be placed, located, erected, constructed, installed or maintained upon the exterior roof of any building or structure unless the same shall first be approved in writing by the Architectural Review Board and shall otherwise be erected, constructed, installed and maintained on the rear yard side of the roof or otherwise in such manner and at such location that the same shall not be visible from any street or neighboring residences. 8.18 Antennas, Etc. No antennas, aerials, discs, dishes or other devices for the transmission or reception of radio or television signals or any other form of electromagnetic radiation or communication, except for mini-dishes less than twenty-four inches (2411) in diameter, shall be erected, constructed, installed, used or maintained outside of any building or structure on Residential Property whether or not the same is attached to or detached from a building or a_ structure. 8.19 Windows. The windows of all buildings on Residential Property shall have frames and window hardware, if any, constructed of wood or such other materials as shall be in conformance with the applicable provisions of the Design Standards Manual. In no event shall raw or silver aluminum windows be permitted. 20 8.20 Reflective or Mirrored Glass. No reflective or mirrored glass shall be used on, in or for the windows or doors of any buildi?gs or other Improvements . constructed upon Residential Property. No tinted windows or doors shall be permitted unless first approved by the Architectural Review Board in writing taking into account the degree of tinting and the aesthetics of the Improvements involved. 8.21 Awninqs, Shutters and Window Coverings. No window of any building or other Improvements constructed upon Residential Property shall be covered by any awnings, canopies, shutters, (including hurricane or storm shutters), boards, or similar type window coverings, except as approved by the Architectural Review Board or such as may be required for protection from storms and only then during the period of any such storm. Nor shall any such windows be covered by or, coated with any foil or other reflecting or mirrored materials. -' The foregoing restriction shall not be construed as a prohibition against decorative exterior shutters located to the side of window openings or as a prohibition against suitable awnings located,over or above window openings. . /,' 8.22 Exterior Air' Conditioninq Eauipment. All air conditioning compressors and other equipment located outside of residential dwelling shall be screened from the view of street and road rights-of-way, and adjacent Lots by opaque walls attached to and made a part of each single family residential dwelling and otherwise in conformity with the applicable provisions of the Design Standards Manual or as otherwise approved by the Architectural Review Board. Absolutely no window or roof mounted air conditioning units shall be permitted for any residential dwelling, other than as may be approved by the Association for use in an outbuilding or accessory structure. 8.23 Fences and Walls. Other than those constructed by Developer and/or the Association within the Wall and Landscape Easements established pursuant to Subsection 14.1.4 of this Declaration or pursuant to the Plat, no fences or walls shall be erected on Residential Property unless approved in writing by the Archi tectural Review Board. The height of all fences or walls shall be subject to the control and approval of the Architectural Review Board. All fences and walls shall be constructed of wrought iron, brick, painted and exterior treated wood, stucco or other masonry materials and shall conform to guidelines and specifications otherwise set forth in the Design Standards Manual. Exception to such specifications may be permitted by the Architectural Review Board, in its discretion; provided, however, that in no event shall uncovered or exposed (whether concrete or concrete blocks, painted or not) chain link or prefabricated wooden fences be permitted. 8.24 Swimminq Pool enclosed by any screen, Screens. No swimming pools shall be screening or other enclosure or under a 21 roof of any kind unless the same shall be located entirely within the extension of the side walls of the main residential dwelling on the Lot on which such swimming pool-is located. All pools shall be subject to approval by the Architectural Review Board. 8.25 Exterior Buildinq Materials. Finishes and Colors. All exterior building materials, finishes and colors shall be in conformance with the applicable provisions of the Design Standards Manual or as otherwise approved by the Architectural Review Board. Uncovered or exposed (whether painted or not) concrete or concrete block shall not be permitted as the exterior finish of any building structure or wall. The foregoing restriction shall be equally applicable to the initial as well as any subsequent painting of any Improvements located on Residential Property. 8.26 Exterior Liqhting. Exterior lighting or illumination of buildings, yards, parking areas, sidewalks and driveways on a Lot shall be designed and installed so as to avoid visible glare (direct or reflected) from street and road rights-of-way, and other Residential Property. A~l exterior lighting shall conform to and with the applicable provisions of the Design Standards Manual. Special exceptions to $uch specifications may be approved by and within the discretion of the Architectural Review Board upon a showing of good cause therefor. 8.27 Mailboxes and Other Delivery Boxes. Until such time as the United States Post Office Department shall approve mail delivery service to St. Johns Landing to or at wall receptacles or mailboxes attached to each single family residential dwelling, each Lot on which a single family residential dwelling is constructed and completed (as evidenced by the issuance of a certificate of occupancy therefor) shall have a street or roadside mailbox for the delivery of United States mail. The design, construction and location of such mailbox shall be in strict conformance with the applicable provisions of the Design Standards Manual or as otherwise approved by the Architectural Review Board in writing; it being expressly provided, however, that the Architectural Review Board must approve a location consistent with the rules and regulations of the United States Post Office Department and that all mailboxes must be constructed utilizing a break-away type construction method. At such time as the United States Post Office Department shall approve and make mail deliveries within St. Johns Landing to or at wall receptacles or mailboxes attached to each single family residential dwelling, each Owner, upon notice and the request of the Association, shall remove and replace the street or roadside mailbox on his Lot with a receptacle or mailbox attached to the single family residential dwelling constructed on his Lot. All other delivery boxes or receptacles of any kind, including those for newspapers, milk and other similar home deliveries, shall also be designed, constructed and located in conformance with the applicable provisions of the Design Standards Manual or as otherwise approved by the Architectural Review Board. Developer 22 ~ shall have the right to require that all street or roadside mailboxes shall be of one particular type or design specified by Developer so long as such designated type or design meets the rul~s and regulations of the United States Post Office Department. 8.28 Underqround Utilities. All utility lines and facilities shall be located and installed underground or concealed under or within a building or other on-site Improvements approved by the Architectural Review Board; provided, however, that the foregoing restriction shall not be deemed to prohibit the following: (a) temporary electric power and telephone service poles and water lines which are incident to the ongoing construction of approved permanent improvements, and, provided further, that the same are removed immediately following the completion of such construction; (b) above_:-ground electric transformers, meters and similar apparatus properly screened as specified in the Design Standards Manual or as otherwise approved by the Architectural Review Board; (c) permanent outdoor safety light poles located and installed in conformance with the applicable provisions of the Design Standards Manual, or as otherwise approved by the Architectural Review Board. 8.29 Landscapinq. :Each Lot shall be landscaped in accordance with a landscape plan which is (a) in conformance with the applicable provisions of and using the plant pallet specified in the Design Standards Manual and (b) otherwise approved by the Archi tectural Review Board. All landscaping approved by the Architectural Review Board shall be installed within thirty (30) days after the completion of construction of the main residential dwelling on a Lot as evidenced by the issuance of a certificate of occupancy for such dwelling. 8.30 Grass. No type or variety of grass other than St. Augustine grass shall be planted on Residential Property, and such grass shall be planted only in those areas where specified on the landscape plan approved by the Architectural Review Board. The planting of grass on Residential Property shall be accomplished by the installation of full sod covering the entire area required to be grassed. Partial sodding, sprigging, plugging or seeding shall not be permitted. 8.31 Trees. The provisions of Section 7.17 of this Declaration shall be applicable to the building or construction of any single family residential dwelling or other structure or Improvements on Residential Property and such provisions are incorporated in this Article VIII by this reference thereto. 8.32 Irriqation Svstems. All landscaped and grassed open areas on Residential Property, including such areas which are within road rights of way adj acent to and contiguous with the Residential Property, shall be irrigated by means of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently irrigating all lawns and plantings within such 23 open areas. The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the Archicectural Review Board as part of the landscape plan required pursuant to the provisions of-Section 8.2 of this Declaration. Such. irrigation or sprinkling system shall be installed prior to or simultaneously with the implementation of the landscape plan approved by the Architectural Review Board; but in any event within the time provided in section 8.29 of this Declaration for the installation of landscaping. 8.33 Artificial Veqetation. No artificial vegetation shall be permitted on the portion of any Lot outside of any building on the Lot. 8.34 ~akefront Lot Berm and Swale System. The Surface Water Management System for S~. Johns Landing contemplates and requires that each lake front Lot shall have a lake front berm and swale to prevent direct surface storm water drainage or discharge into Lake Jessup. The construction of such berm and swale system is a requirement of the SJRWMD and the City. A Berm and Swale Easement has been created and 'reserved on each lakefront Lot as more particularly provided in Section 14.1.11 of this Declaration and also as more particularly shown on the Plat. Accordingly, the berm and swale system for each lake front Lot must be constructed by and at the expense of the Owner of each lake front Lot at the time of the construction of a residential dwelling thereon. Such berm and swale sysiem must be constructed within the Berm and Swale Easement Area located on each lakefront Lot in accordance with the plans and specifications of the Surface Water Management System for St. Johns Landing approved by and on file with the SJRWMD and the City. In the event that such berm and swale system is not constructed and installed on a particular lakefront Lot in accordance with the plans and specifications therefore approved by the SJRWMD and the City, as aforesaid, at the time of the initial construction of a residential dwelling thereon, or, in the event that such berm and swale system following its initial construction and installation, shall not thereafter be maintained on a particular Lot in accordance with such plans and specifications, and the Owner of such Lot shall fail to bring the berm and swale system on such Lot into conformance with such plans and specifications within thirty (30) days following Owner's receipt of the written demand of the Association to do so, the Association, in the exercise of its rights under the Association Easement for which provision is made in Section 14.1.9 of this Declaration, without being guilty of a trespass on account thereof, shall be entitled to enter upon such Lot through its agents and contractors for the purpose of undertaking such grading and const~uction work and other activities as are reasonably necessary to construct, reconstruct or otherwise bring the berm and swale system on such Lot into conformance with such plans and specifications, and the costs and expenses incurred by the Association in connection therewith, shall be charged to 24 .. such Owner and such Lot as an Individual Lot Assessment for which provision is made in Section 10.11 of this Declaration. 8.35 Docks and Boathouses. No dock or boathouse shall be constructed on lakefront Residential Property or on or over State- owned lands or waters adjacent or contiguous to Residential Property unless the plans and specifications therefore are, first approved in writing by the Architectural Review Board, and,' only then, if such dock or boathouse shall be in compliance with the following requirements, to wit: (a) A permit or permits for any such dock or boathouse and any dredging or -filling required in connection with its construction shall have first been issued, if otherwise required, by the City, the State of Florida Department of Environmental Protection, the United States Army Corps of Engineers and such other governmental authorities as shall have jurisdiction over the construction of such docks or boathouses, if any. (b) Only one ,(1) dock or boathouse shall be permitted for each lakefront Lot ,': or combination of lake front Lots owned in common and developed and improved as a single unified home site. (c) All docks and boathouses shall proj ect into the water approximately perpendicular to the shoreline, and all construction shall be at right angles to such projection. (d) All docks and boathouses shall be set back at least fifteen (15) feet from a side Lot line; provided, however, such setback may be reduced to as little as five (5) feet with the written approval of the Owner of the adjacent Lot closest to the location of the proposed dock or boathouse. (e) All docks and boathouses shall not extend over forty (40) feet into the water as measured from the normal high water line of the particular lake involved, unless unusual shallow water (assuming water level is at established ordinary high water elevation) or. other environmental considerations shall otherwise dictate. (f) The total area of the dock or boathouse or combination dock and boathouse (including portions thereof over land and water) shall not exceed six hundred fifty (650) square feet; it being expressly provided, however, that a variance of such square footage requirement may be granted by the Architectural Review Board if shallow water or environmental considerations dictate that the dock or boathouse project more than forty (40) feet into the water, in which event, in addition to the foregoing square footage, additional square footage may be permitted to accommodate a wooden walkway or dock extension not exceeding four (4) feet in width times the length required in order to accommodate such shallow water or environmental considerations. 25 -. (g) No boathouse shall exceed twelve (12) feet in height at the highest point of the boathouse roof as measured from the normal high water elevation of the lake involved. No railings shall be constructed above such twelve (12) foot elevation. (h) No dock or deck shall exceed two (2) feet in height over the water as measured from the ordinary high water elevation of the lake involved. (i) All boathouse roofs shall be pitched at not less than four inches (4") in twelve inches (12") (4/12 vertical/horizontal) and not more than eight inches (811) in twelve (12) inches (8/12 vertical horizon). No flat roofs on boathouses shall be permitted. No boathouse roofs shall be used as decks. (j) No dock ,or. boathouse shall contain bathrooms or cooking facilities or otherwise be constructed in such fashion as to contemplate occupancy -as a living space; whether temporary or permanent. 8.36 Seawalls or Bulkheads. No seawall or other bulkhead shall be constructed on:lakefront Residential Property without the prior written consent of the Architectural Review Board and Developer and only then if such seawall or bulkhead shall be in compliance with the following requirements, to wit: (a) A permit or permits for such seawall or bulkhead and any dredging or filling required in connection with its construction shall have first been issued, if otherwise required, by the City, the State of Florida Department of Environmental Protection, the United States Army Corps of Engineers and such other governmental authorities as shall have jurisdiction of or over the same, if any; (b) Such seawall or bulkhead is reasonably necessary to prevent or abate serious or substantial erosion of the shoreline; (c) Such seawall or bulkhead is constructed in accordance with all applicable Governmental Regulations and such other conditions and limitations as may be reasonably imposed by the Architectural Review Board, ln its sole and absolute discretion. 8.37 Sidewalks. Each Lot shall have a sidewalk located within the Sidewalk Easement area located on such Lot, if any, as described in Section 14.1.13. In connection with the initial development of any Lot, the Owner thereof shall construct a sidewalk within the Sidewalk Easement area on such Lot at the location within such Sidewalk Easement area which is designated by the Design Review Board in such fashion as to connect with the sidewalk previously constructed or otherwise planned for adjacent Lots or properties. 26 -' , In the event that the sidewalk on a particular Lot lS not constructed by and at the expense of the Owner of such Lot at the time of the initial construction of-a residential dwelling thereon, or within ninety (90) days following such Owner's receipt of written notice from the Association to do so, the Association, in the exercise of its rights under the Association Easement for which provision is made in Section 14.1.9 of this Declaration, without being guilty of a trespass on account thereof, shall be entitled to enter upon such Lot through its agents and contractors for the purpose of constructing a sidewalk on such Lot and the costs and expenses incurred by the Association in so doing, together with overhead expenses of the Association in connection therewith, shall be charged to such - Owner and such Lot as an Individual Lot Assessment for which provision is made in Section 10.11 of this Declaration. All sidewalks, if any, constructed within St. Johns Landing shall be four feet (411)- s;i.de and four inches (411) thick, except at driveway approaches, where such sidewalk shall be six inches (611) thick, reinforced with six inch (611) by six inch (611) ten (10) gauge metal welded wire:; with a one inch (111) contraction joint every four feet (4') and a expansion joint every twenty feet (20'), and shall run the entire length of the street or road frontage of each Lot or pursuant to such other specifications as may be established by the Design Review Board and set forth in the Design Standards Manual from time to time. Such sidewalks, however, shall be owned and maintained by the Owner of the Lot. 8.38 Precedence Over Less Strinqent Governmental Requlations. In those instances where the covenants, conditions and restrictions set forth in this Article VIII set or establish minimum standards in excess of Governmental Regulations, including, without limitation, building and zoning regulations, the covenants, conditions and restrictions set forth in this Article VIII, of this Declaration shall take precedence and prevail over such less stringent Governmental Regulations. Conversely, in those instances where such Governmental Regulations set or establish minimum standards in excess of the covenants, conditions and restrictions set forth in this Article VIII, the Governmental Regulations shall take precedence and prevail over less stringent covenants, conditions and restrictions set forth in this Article VIII. 8.39 Waivers. Exceptions and Variances bv Developer. Notwithstanding anything to the contrary set forth in or which may otherwise be implied from the terms and provisions of this Declaration, Developer specifically reserves exclusively unto itself, for the duration hereinafter specified, the right and privilege (but Developer shall have absolutely no obligation), upon a showing of good cause therefor, to: (a) grant waivers' with respect to any existing or proposed future deviation from, or violation or infraction of, the building restrictions specified in this Article VIII of this Declaration where, in the reasonably 27 ~ exercised good faith judgment and discretion of Developer, Developer shall determine or decide that such deviation, violation or infraction is de minimis, minor, or insignificant, (b) grant waivers of, exceptions to, or variances from, the building restrictions specified in this Article VIII of this Declaration where special conditions and circumstances exist which are peculiar to a particular Lot and not generally applicable to other Lots (e.g., because of its unusual size, configuration or location) or where a literal interpretation or application of any such building restriction to a particular Lot would be inappropriate, inequitable or otherwise work or result in a hardship or deny such Lot and the Owner thereof specific rights which are generally enjoyed by other -Lots and Owners; it being expressly provided, however, that, in all cases, Developer, in its exercise of such right and privilege shall, in_ its reasonably exercised and good faith judgment and discretion determine or decide that its grant of any such waiver, exception or variance, -shcHl not result in, represent, be or constitute a significant _deviation of or derogation from (a) the uniform plan of development for St. Johns Landing, (b) the high architectural, ecological, environmental and aesthetic standards otherwise established for St. Johns Landing or (c) the objects and purposes of this Declaration as hereinabove enumerated in Article II of this Declaration.' Notwithstanding anything to the contrary contained in this Section 8.39, any waivers of, exceptions to, or variances from said building restrictions shall be in compliance with Governmental Regulations. Developer shall have such right and privilege to grant waivers, exceptions and variances, as aforesaid, until either (a) the expiration of a period of fifteen (15) years from the date of the recordation of this Declaration among the Public Records of the County or (b) the sale by Developer in the ordinary course of business, and not in bulk, of ninety percent (90%) of all Lots in St. Johns Landingr whichever shall last occur. Following the occurrence of the last of the foregoing events to occur, the right and privilege of Developer to grant waivers, exceptions and variances, as aforesaid, shall be delegated and assigned by Developer to and thereafter vest in the Architectural Review Board. To the extent that any such waiver, exception or variance is granted in a particular instance or with respect to any particular Lot or Improvement pursuant to the provisions of this Section 8.39, as aforesaid, the same shall not be deemed to be a precedent for the granting of such or any similar waiver, exception or variance in any other particular instance or any other particular Lot or Improvement. 8.40 Architectural Review Board Approval. Notwithstanding any other provision of this Declaration to the contrary, no Improvements may be constructed upon any Lot except by licensed building contractors approved by the Developer in its sole discretion and named on the list of Approved Builders maintained by the Architectural Review Board at the time of construction on the Lot. Any approval by the Architectural Review Board of any plans and specifications for Improvements on any Lot shall be subject to 28 '\ the Owner conforming to the requirements of this Section 8.40. The Developer and the Association reserve the right to enforce the provisions of this Section 8.40 by injunction or other remedies available at law or equity. ARTICLE IX COMMON PROPERTY 9.1 Additional Property. In addition to the Common Property described in Eection 5.2 of this Declaration or included within the term IICommon Property II as defined in Article I of this Declaration, Developer, in its sole discretion, shall have the right to convey to the Association and the Association shall be obligated to accept any other portion of the Subject Property or any other real property o~ned by Developer so long as such property is used or useful for any of the objects and purposes for which the Association has been created and established. Should Developer so convey any such additional property, the same shall thereupon become and thereafter continue to be Common Property which shall be subject to all covenants, conditionsJ restrictions, easements and reservations set forth ,.in this Declaration with respect to all other Common Property. .' 9.2 Restriction on Use. Subsequent to the conveyance of any Common Property to the Association by Developer, the Common Property shall, subject only to the easements specified in Article XIV of this Declaration, be developed, improved, maintained, used and enjoyed solely for the purposes specified in this Declaration and in the instrument of conveyance and for the common health, safety, welfare and passive recreation of the residents of and visitors to the St. Johns Landing Community and for no other purpose or purposes whatsoever. No other use shall be made of the Common Property without the prior written consent of Developer. 9.3 Restriction on Conveyance. Subject only to the provisions of Subsection 12.5.3 of this Declaration, subsequent to the conveyance of any Common Property to the Association by Developer, the Common Property may not be subdivided, partitioned, sold, transferred, conveyed, alienated, leased, mortgaged or hypothecated by the Association in any manner whatsoever without the prior written consent of Developer. Neither shall the Common Property be abandoned by the Association without the prior written consent of Developer. Upon a violation of the provisions of this Section 9.3, title to any Common Property so subdivided, partitioned, sold, transferred, conveyed, alienated, leased, mortgaged or hypothecated by the Association without the prior written consent of Developer shall automatically revert to the Developer upon the filing by Developer among the Public Records of the County of an appropriate declaration of its intention to accept such reversion. Upon any such reverter, any restriction upon, subdivision of, lease, mortgage or other interest in the Common Property, created or granted by the Association without the 29 " Developer's written consent, shall be terminated and have no further effect on the Common Property. 9.4 Encumbrance as Security. Notwithstanding the provisions of Section 9.3 above, the Association shall have the right in accordance with this Declaration and its Articles of Incorporation and By-Laws to (a) borrow money for the purpose of improving, replacing, restoring or expanding the Common Property and to mortgage or otherwise encumber the Common Property solely as security for any such loan or loans and (b) engage in purchase -money financing with respect to personal property and equipment purchased by the Association in connection with the performance of its. duties and obligations pursuant to this Declaration and to secure the payment of the purchase price therefor by the encumbranc~ of the personal property and equipment so purchased; it being expressly provided, however, that any such mortgage or other encumbrance shall (i) be subject in all respects to the terms and provisions of this Declaration and any amendments hereto, and (ii) be made subordinate to the rights of the City or any other governmental agen~y in and to the Common Property, including but not limited to the stormwater management tracts, established either pursuant to this Declar.ation or any Plat. In no event shall the Association be entitled or empowered to mortgage or otherwise encumber any easements granted to it. 9.5 Use bv Owners. Subj ect to any reasonable rules and regulation~ adopted and promulgated by the Association pursuant to and in accordance with the provisions of Section 9.9 of this Declaration, and subject always to any and all easements granted by or reserved to Developer or others in this Declaration, each and every Owner shall have the non-exclusive right, privilege and easement to use and enjoy the Common Property for the purpose or purposes for which the same is conveyed, designated and intended by Developer and maintained by the Association, and such nonexclusive right, privilege and easement shall be an appurtenance to and shall pass with the title to each and every Lot within the Subject Property; subject, however, at all times to the terms, provisions, covenants, conditions, restrictions, easements and reservations set forth in this Declaration including, without limitation, the following: (a) the right of the Association to suspend the right, privilege and easement of any Owner and the members of his family, tenants, guests or other invitees to use the Common Property or any portion thereof designated by the Association during any time in which any Assessment levied by the Association against such Owner and his Lot remains unpaid and delinquent for a period of thirty (30) days or more or for a period' not to exceed thirty (30) days for any single infraction of the rules and regulations of the Association with respect to the use of the Common Property; provided, however, that except for a suspension of such right, privilege and easement occasioned by the failure of an Owner to pay 30 any Assessment within thirty (30) days from the date that the same is levied by the Association, any suspension of the right, privilege and easement to use and enjoy the Common Property shall be made by the Association, or a committee duly appointed by the Association for that purpose, only after appropriate notice and hearing given and held in accordance with the By-Laws of the Association. Notwithstanding anything herein set forth to the contrary, however, the Association shall have no right, pow~r or authority hereunder to suspend or otherwise unreasonably interfere with any Owner's right, privilege and easement to use the Common Streets and Roads for ingress and egress to and from such Owner's Lot; it being expressly provided, however,' that temporary interference for purposes of appropriate identification at and clearance through St. - Johns Landing access gates shall not be deemed to be an unreasonable interference with such right, privilege ~nd easement of and for ingress and egress. (b) The right of the Association to limit the number of guests of Owners who may use the Common Property from time to time and to limit the use of the Common Property by persons not in possession of a Lot at ,?- particular time but owning a sufficient interest therein for classification as an Owner and member of the Association. " (c) The right of the Association - to establish, promulgate and enforce. reasonable rules and regulations pertaining and with respect to the use of the Common Property pursuant to Subsection 12.3.7 of this Declaration. (d) The right of the Association to charge reasonable admission and other fees to or for the use of the Common Property, other than for the use of easements established created or declared pursuant to this Declaration or the Plat. (e) The right of the Association to take such steps as are reasonably necessary to maintain, preserve and protect the Common Property. 9.6 Deleqation of Use. Any Owner shall be entitled to and may delegate his right, privilege and easement to use and enjoy the Common Property to the members of his family, his tenants, guests or other invitees; subject, at all times, however, to such reasonable rules and regulations governing such delegation as may be established, promulgated and enforced by the Association pursuant to Subsection 12.3.7 of this Declaration. In the event and for so long as an Owner shall delegate such right, privilege and easement for use and enjoyment to tenants who reside on his Lot, the Association shall be entitled, after the adoption and promulgation of appropriate rules and regulations with respect thereto, to limit or restrict the right of the Owner making such delegation to a tenant in the simultaneous exercise of such right, 31 privilege and easement of and for the use and enjoyment of the Common Property. 9. 7 Waiver of Use. No Owner may exempt himself from personal liability for or exempt his Lot from any Assessments duly levied by the Association, or release the Lot owned by him from the liens, charges, encumbrances and other provisions of this Declaration, or the rules and regulations of the Association by (a) the voluntary waiver of the right , privilege and easement for the use and enjoyment of the Common Property, (b) the abandonment of his Lot or (c) by conduct which results in the Association's suspension of such right, privilege and easement as provided in Section 9.5 of this Declaration. 9.8 Administration and Care. The administration, regulation, care, maintenance, repair, restoration, replacement, preservation and protection of the Common Property shall be the responsibility of the Association as more particularly provided in Article XII of this Declaration and in the Articles of Incorporation of the Association. 9.9 Rules and Requlations. In addition to the foregoing restrictions on the use of Common Property, the Association shall have the right, power and authority, subject to the prior written consent and approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or restricting the use of Common Property and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all Common Property and all Owners and their successors and assigns, as well as upon all members of their families, their tenants, guests, and other invitees and upon all other parties claiming by, through or under such Owners. 9.10 Communitv Wall. The Owner of any Lot burdened by a Wall and Landscape Easement shown on the Plat may make any use of the foregoing easement area that is not inconsistent with the foregoing easement; but no attachment (including climbing vines or other vegetation) may be made to the Community Wall, and no permanent wall, building, or other structure may be installed, maintained, restored, or permitted to remain on any Lot within five (5) feet of the Community Wall, except (i) a side wall or fence that substantially conforms to plans and specifications approved by the Architectural Review Board, as provided in Article XV of this Declaration, or (ii) as may be permitted by the Association's rules and regulations, or (iii) with the Association or the Architectural Review Board's advance written consent. A Lot Owner shall be responsible for the maintenance of that portion of the Lot falling within the interior of the Community Wall and for the maintenance of the Community Wall. The Association shall be responsible for 32 the installation, maintenance, restoration, and removal of (i) the Community Wall and (ii) the landscaping located within any five (5) foot Wall and Landscape Easement to the exterior of the Community Wall. The Wall and Landscape Easements shown on the Plat include the right of the Association to enter each Lot on which the Community Wall is situated to install, maintain, restore, and remove the Community Wall. 9.11 Payment of Assessments Not Substitute for Taxes. The payment of Assessments from time to time established, made, levied, imposed and collected by the Association pursuant to this Declaration, including, without limitation, those for the maintenance of the CommQn Property, including those Assessments for maintenance of the Wall and Landscape Easements, shall not be deemed to be a substitute for or otherwise relieve any Owner of the Subj ect Property from paying any other taxes, fees, charges or assessments imposed by the City, or any other governmental authori ty. . ARTICLE X ASSESSMENTS 10.1 Assessments for Common Expenses. In order to provide for and assure the availability of the funds necessary to pay Common Expenses as may be associated with and otherwise necessary for the Association to perform its duties and obligations pursuant to and in accordance with this Declaration and its Articles of Incorporation and By-Laws and to otherwise carry out and accomplish the objects and purposes for which the Association has been created and established, each Lot and each Owner of such Lot shall, by the acceptance of a deed or other conveyance of title to his Lot, whether or not it shall be expressly stated in any such deed or other conveyance, be obligated for and be deemed to have covenanted and agreed to pay to the Association all Assessments, whether the initial fee, Regular Assessments, Capital Expenditure Assessments, Special Assessments or Individual Lot Assessments, established, levied, made and imposed by the Association pursuant to this Declaration. All such Assessments shall be established, levied, made, imposed, enforced and collected pursuant to the provisions of this Declaration and the Articles of Incorporation, By-Laws and rules and regulations of the Association. 10.2 Common Expenses. The Common Expenses for which Assessments shall be established, made, levied, imposed, enforced and collected by the Association pursuant to this Declaration shall be all costs and expenses incurred by the Association in the discharge and performance of the duties and obligations of the Association pursuant to this Declaration and the Articles of Incorporation and By-Laws of the Association and in furtherance of the objects and purposes for which the Association has been formed, created and established, including, without limitation, the following costs and expenses: 33 (a) Those incurred in the management and administration of the business and affairs of the Association, including, but not limited to, the salaries of any employees of the Association and the fees or other compensation paid to consuitants to the Association, including, without limitation, architects, engineers, accountants and attorneys. (b) Those incurred in connection with the ownership, administration, management, regulation, care, maintenance, repair, restoration, replacement, improvement, preservation, and protection of the Common Property. (c) Reasonable reserves for repairs to and replacement of the Common Property. (d) Those incurred for utility services to the Association and the Common Property, including, without limitation, electric power for irrigation systems. (e) Those incurred for garbage and trash collection removal and disposal services provided to the Association and the Common Property (but n~t those provided to Lots) . (f) Those incurred for Common Property landscape maintenance and replacement, including irrigation. (g) Those incurred as premiums on or for any insurance obtained by the Association, including, without limitation, fire, casualty, liability, health, medical, workman's compensation and other insurance. (h) All taxes, paid by the Association, including, without limitation, ad valorem real and personal property taxes on the Common Property, if any. (i) Those incurred in connection with any payments by the Association for the discharge of any lien or encumbrance upon the Common Property or any portion thereof. (j) Those incurred by the Architectural Review Board in the performance of its duties and obligations pursuant to this Declaration, including, without limitation, the fees of, or other compensation paid to, consultants to the Architectural Review Board, including architects, landscape architects, engineers and attorneys. (k) Those incurred from time to time by any committees of the Association which are reasonably connected to the discharge of the duties and obligations of the Association pursuant to this Declaration. 34 (1) Those incurred in connection with the acquisition and repayment of any loans made to the Association, including the principal of, interest on and closing costs and other charges associated with any such loan or loans and/or purchase money financing engaged in by the Association. (m) Those incurred in connection with the enforcement of the provisions of this Declaration, including the fees, costs and expenses of any attorney retained or employed by. the Association for that purpose. (n) Those incurred in connection expenditures as described in Section 10.9. with capital 10.3 .,Use of Assessments. The funds received and derived from any and all Assessments made by the Association shall be used exclusively for the performance of the duties and obligations of the Association pursuant to this Declaration, the payment of Common Expenses, the operation and administration of the Association and the promotion of the health, safety, and general welfare of the residents of St. Johns Landing and for the benefit of the St. Johns Landing Community gene~ally. 10.4 Prohibited Use of Assessments. Notwithstanding anything to the contrary set forth in or otherwise implied from the terms and provisions of this Declaration, generally, or Sections 10.1 and 10.2 of this Declaration, in particular, the Association shall not have the power or authority to use, make, levy, impose, enforce or collect, and is hereby expressly prohibited from using, making, levying, imposing, enforcing or collecting, any Assessment for the purpose, in whole or part, of financing the prosecution of or otherwise supporting any actual or contemplated litigation, including any and all appeals related thereto, against Developer with respect to matters related to St. Johns Landing or its development or operation. If, notwithstanding the foregoing prohibition, the Association shall attempt to use, make, levy, impose, enforce and collect any Assessment for such prohibited purpose or use, Developer and any Lot or other property owned by Developer within St. Johns Landing shall be and are hereby exempted from any such Assessment or attempted Assessment. 10.5 Lien for Assessments. All Assessments established, made, levied, and imposed by the Association pursuant to this Declaration, together with interest, late charges, costs and expenses, including attorneys' fees associated with the collection thereof (whether suit be brought or not), shall be a charge, and a continuing lien upon each Lot against or with respect to which any such Assessment is made or levied. 10.6 Personal Liabilitv for Assessments. In addition to the foregoing lien for such Assessments, each such Assessment, together with interest, late charges, costs and expenses, including 35 attorneys' fees associated with the collection thereof (whether suit be brought or not and whether at the trial or any appellate level), as aforesaid, shall also be_ the personal obligation and liability of the Owner of the Lot against or with respect to which any such Assessment is made, levied or imposed at the time such Assessment is so made, levied or imposed. Such personal liability for Assessments made, levied or imposed pursuant to this Declaration prior to the sale, transfer or other conveyanc~,of a particular Lot shall not, by virtue of any such sale, transfer or other conveyance, pass to such Owner's successor or successors in title unless such personal liability of the Owner shall be expressly assumed in writing as the personal obligation of such successor or successors in title; provided, however, that no such assumption of personal liability by such successor or successors in title shall relieve any Owner otherwise personally liable for payment of Assessments from the personal liability and obligation for the payment of the _same. 10.7 Tvoes of Assessments. The Association is hereby authorized and empowered to establish, make ,_ levy, impose, enforce and collect (i) an initial fee, (ii) Regular Assessments, (iii) Capital Expenditure Assessments, (iv) Special Assessments, and (v) Individual Lot Assessments, all as described below. The initial fee shall be collectible from the Owner of a Lot upon the Owner's acquisition of title to the Lot from Developer. Developer shall not be obligated to pay an initial fee as to any Lot. The initial fee shall be TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00) for calendar year 1996. Subsequent to calendar year 1996, the amount of the initial fee for calendar year 1997 and each successive calendar year thereafter shall be established and determined by the Board which will use its best efforts to establish the fee no later than thirty (30) days prior to the beginning of each calendar year. The initial fees shall be deposited into a separate interest bearing bank account to be held in trust by the Association and, accordingly, same my not be utilized by the Declarant or any other entity, including the Association, until such time as the homeowners take-over control of the Association from the Declarant which is to occur at such time as the Class B membership ceases to exist. 10.8 Reqular Assessments. The Association shall be and is hereby authorized, empowered and directed to establish, levy, make, impose, enforce and collect during each calendar year a regular assessment for Common Expenses to be incurred by the Association during such calendar year (the "Regular Assessment (s) ") in the performance of its duties and obligations pursuant to this Declaration. Such Regular Assessments shall be established, made, levied, imposed, enforced, collected and otherwise governed by the following provisions: 36 10.8.1 Rate of Reqular Assessment. The amount of the Regular Assessment for calendar year 1996 and each subsequent calendar year thereafter shall be established and determined by the Board which shall make a good faith effort to establish same not later than thirty (30) days prior to the beginning of each calendar year. The Board shall establish the Regular Assessment for each calendar year based upon a pro forma operating statement or estimated budget for such calendar year which in turn shall be based, among other things, upon an estimate of the total Common Expenses likely to be incurred during such calendar year, taking into account the previous operating history of and any surplus funds (not including reserves) held by .the Association. The total amount of the Common Expenses so estimated shall be divided by thirty-one (31) which is the total number of Lots the Developer currently plans to develop in St. Johns Landing. The quotient shall constitute the amount of the Regular Assessment for the "constructed Lots II (as defined in Section 10.8.2) for such calendar years. Pursuant to Section 10.8.2, the Regular Assessment for Lots that are not constructed Lots shall be twenty percent (20%-')' of that for the constructed Lots. 0' 10.8.2 Developed vs. Undeveloped Lots. Lots upon which construction has commenced ("constructed Lots") derive a greater benefit from Common Property and Assessments than do the Lots which are not being constructed upon. For this reason, the Association in establishing the rate of Regular Assessments shall assess Lots that are not constructed Lots for an amount less than constructed Lots. In this regard, the Regular Assessments of Lots that are not constructed Lots shall not exceed twenty percent (20%-) of the Regular Assessments of constructed Lots. For purposes of this provision, construction shall be deemed to have commenced as to any Lot upon the earlier of (i) the commencement of construction of vertical Improvements pursuant to the appropriate and necessary governmental approvals and permits, and (ii) the conveyance of' said Lot by the Developer to a third party person. 10.8.3 Notice of Reqular Assessments. For each calendar year the Association shall provide written notice to each Owner of the amount of the Regular Assessment established, made, levied and imposed that calendar year and the dates upon which installments for the same shall become due and payable. 10.8.4 Commencement of Reqular Assessments. Unless otherwise determined by the Board of Directors of the Association, Regular Assessments shall commence as to all Lots on the first day of the month following the first conveyance of a Lot by Developer to any third-party individual Owner. 10.8.5 Insufficient Reqular Assessments. In the event that the Association shall determine during any calendar year 37 that the Regular Assessment established for such calendar year is or will become inadequate or insufficient to meet all Common Expenses for such calendar ye-ar, for whatever reason, the, Association shall be entitled to immediately determine the approximate amount of the deficiency or inadequacy of the Regular Assessment for such fiscal year, issue a supplemental estimate of Common Expenses to all members of the Association and within thirty (30) days thereafter establish, make, -levy, impose, enforce and collect a supplemental or revised Regular Assessment for such calendar year. 10.8.6 Limitation on Increases. After the Association's first full calendar year of operation the Association shall not establish, make, levy, impose, enforce and collect any Regular Assessment which is increased over the amount of the Regular Assessment for the immediately preceding calendar year by (i)' more than fifty percent (50%) -with respect to the second full calendar year, or (ii) more than twenty-five percent (25%) for any subsequent full calendar year, without the prior approval o~ a majority of the total voting power held by the members who': are voting in person or by proxy at a meeting of the Association duly called for such purpose and of which written notice specifying the amount of a proposed increase in the Regular Assessment over the Regular Assessment for the prior fiscal year is sent to each member of the Association at least thirty (30) days in advance of such meeting. 10.8.7 Payment of Assessments. Regular Assessments shall due and payable in advance in monthly, quarterly, semi- annual or annual installments as determined by the Board of Directors of the Association, in its reasonable discretion. Such installments shall be due and payable without any further notice other than that notice specified in Subsection 10.8.3 above. lO.8.8 Developer Option. Notwithstanding anything set forth in this Declaration to the contrary, the Developer shall not be subject to the initial fee. In addition, until such time as Class B membership in the Association is converted to Class A membership as provided in Subsection 13.6.2 of this Declaration, Developer shall have the option of either: (a) paying the Regular Assessments with respect to each Lot owned by Developer from time to time, the same as any other Owner or (b) in lieu of paying the amount of the Regular Assessments that would otherwise be due based on the Lots owned by the Developer from time to time, paying the difference between the actual Common Expenses incurred by the Association for a particular calendar year over the total amount of Regular Assessments levied by the Association against all other Lots (i.e., Lots not owned by Developer) and Owners during such year. Commencing at such time as the Class B membership in the 38 Association is converted to Class A membership, the Developer must pay the Regular Assessment with respect to each Lot owned by it from time to time, same as any other Owner. 10.8.9 Reserves. . The Regular Assessments shall include a reasonable amount as determined by the Board of Directors of the Association to be collected as reserves for such other purpose or purposes as shall be determined by the Board of Directors of the Association, in its reasonable discretion. Notwithstanding the foregoing, as a component of the Regular Assessments the reserves shall not be less than ten percent (10%) of the total of the Regular Assessments. Such portion of Regular Assessments representing amounts collected as reserves, whether pursuant to this Subsection 10.8.9. or otherwise, shall be deposited by the Association in a separate interest bearing bank. account to be held in trust by the Association for the' purpose or purposes for which the same are collected and are to be segregated from and not commingled with any other funds of the Association. The account balance shall be turned-over to t~e Association at such time as the Class B membership ceases"pursuant to Section 13.6.2. Prior to cessation of the Class B membership, the Declarant shall be prohibited from utilizing the reserves account except for the payment of repairs to capital improvements not otherwise to be paid for by the Declarant as the Developer of St. Johns Landing and for which collateral has been posted with the City as security in connection with the final Plat. 10.9 Capital Expenditure Assessments. In addition to the other Assessments for which provision is made in this Declaration, the Association shall be and is hereby authorized and empowered to establish, make, levy, impose, enforce and collect from time to time capital expenditure assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruct~on, or the unexpected repair or replacement of any capital improvement to or upon the Common Property or the cost of the initial purchase or any subsequent unexpected repair or replacement of any equipment or personal property purchased, repaired or replaced by the Association in furtherance of the discharge of its duties and obligations pursuant to this Declaration (the "Capital Expenditure Assessments"); provided, however, that any such Capital Expenditure Assessment shall have the prior approval of greater than fifty percent (50%) of the total voting power of the members who are voting in person or by proxy at a meeting of the Association duly called for such purpose and of which written notice specifying the nature of the proposed capital expenditure and the amount of the proposed Capital Expenditure Assessment is sent to all members of the Association at least thirty (30) days in advance of such meeting. All sums collected as Capital Expenditure Assessments shall be used only for the capital improvements or purchases for or with respect to which such Capital Expenditure Assessment has been approved and such sums shall be 39 deposited by the Association in a separate interest bearing bank account, not commingled with any other funds of the Association, to be held in trust by the Associatiori for such purposes. 10.10 Special Assessments. In addition to other Assessments for which provision is made in this Declaration, the Association shall be and hereby is authorized and empowered to establish, make, levy, impose, enforce and collect from time to time special assessments for any purpose directly related to the discharge of it-s duties and. obligations pursuant to this Declaration (the IISpecial Assessmentsll), provided, however, that any such Special Assessment shall have the prior approval of greater than fifty percent (50%) of the total voting power of the members of the Association who are voting in person or by proxy at a meeting of the Association duly called for such purpose. Written notice specifying the nature and amount of the proposed Special Assessment must be sent to all members of the Association at least- thirty (30) days in advance of such meeting. All sums collected as Special Assessments shall be used only for the purpose for which such Special Assessments are. established, made, levied, imposed, enforced and collected': and shall be deposited in a separate interest bearing bank a~count, not commingled with any other funds of the Association, and held in trust by the Association for such purpose. 10.11 Individual Lot Assessments. In addition to any other assessments for which provisions are made in this Declaration, and subject to the limitations put on the Association in Section 10.4, the Association shall be and hereby is authorized and empowered to establish, make, levy, impose, enforce and collect against and from a particular Lot and the Owner of such Lot an assessment (the Individual Lot Assessmentll) for: (a) costs and expenses incurred by the Association in bringing a particular Owner of a particular Lot into compliance with the provisions of this Declaration, including any action taken or cost or expense incurred by the Association to cure and eliminate any violation of or noncompliance with the provisions of this Declaration, following the failure of such Owner, within fourteen (14) days following written notice from the Association of the nature of, the violation of or non-compliance with this Declaration, to cure or remedy such violation or noncompliance; (b) costs and expenses, including reasonable attorneys' fees, whether or not suit be brought, incurred by the Association in the enforcement of the provisions of this Declaration against a particular Lot or the Owner of sUGh Lot; (c) costs and expenses incurred by the Association in furnishing or providing labor, services and materials which benefit a particular Lot or the Owner of a particular Lot provided that such labor, services or materials can be accepted or rejected by 40 such particular Owner in advance of the Association's furnishing or providing the same such that upon such Owner's acceptance of any such labor, services .or materials -such Owner shall be deemed to have agreed that the costs and expenses associated therewith shall be made, levied, imposed, collected and enforced as an Individual Lot Assessment against such particular Owner and his particular Loti and (d) reasonable overhead expenses of the Association associated with any Individual Lot Assessment, established, made, levied, imposed, collected and enforced pursuant to this Section 10.11. 10.12 Quorum for Action Authorized Under Subsection 10.8.6 and Sections 1G.9 and 10.10. The quorum required at any meeting of the Association for any action authorized pursuant to Subsection 10.8.6 and Sections 10.9 and- 10.10 of this Declaration shall be as follows: At the first meeting called for the purpose of taking any such action the presence at such meeting, in person or by proxy, of members of the Associatiop entitled to cast a majority of the total voting power of the Association shall constitute a quorum. If the required quorum is not forthcoming at such first meeting, a subsequent meeting may be called for the same purpose, subject to the notice requirements set forth in said Subsection 10.8.6 and Sections 10.9 and 10.-10, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the first meeting provided that no such subsequent meeting shall be held more_than sixty (60) days following the preceding meeting. 10.13 Uniformity of Assessments. Except for Individual Lot Assessments for which provision is made in Section 10.11 of this Declaration, and subj ect to Section 10.8.2 and the Developer's rights under Section 10.8.8, all Assessments shall be uniformly fixed at an equal amount per Lot and shall be collected on a uniform basis from the Owner of each Lot. 10.14 Exemot Prooertv. Any property, other than a Lot, which is owned by or dedicated to and accepted by any governmental body or agency, shall be exempt from any Assessments. All property otherwise exempt-ed from taxation by the laws of the State of Florida or the United States of America shall also be exempt from all Assessments; but only upon the same terms, subject to the same conditions and only to the extent of any such exemption from taxation. 10.15 Subordination of Assessment Lien. The lien of and for all Assessments provided for in Article X shall be and is hereby made junior, inferior and subordinate in all respects to the lien of any bona fide first mortgage held by an Institutional Lender upon a particular Lot recorded prior to the recording by the Association of a claim of lien for delinquent Assessments in the Public Records of the County. The sale, transfer or conveyance of 41 title to a particular Lot shall not affect the effectiveness, viability or priority of any Assessment lien or the personal liability of the Owner of such "Lot for the payment of any Assessment; provided, however, that the sale, transfer or conveyance of title to a particular Lot pursuant to judicial proceedings in foreclosure of, or pursuant to deed in lieu of foreclosure related to, a bona fide first mortgage on such Lot held by an Institutional Lender shall extinguish the lien of'-such Assessments other than those evidenced by the recording of a claim of lien prior to the recording of the mortgage - (but not the_ personal liability of the Owner of such Lot) as to payments on account thereof which became due and payable prior to such foreclosure sale, transfer or conveyance. However, no such foreclosure sale, transfer or conveyance shall relieve such Lot or the Owner of that Lot from the personal obligation or liability for the payment of any Assess.ments accruing or becoming due and payable subsequent to such sale, transfer or conveyance from the lien thereof. 10.16 Certificate of Assessments Due. The Association shall, upon the request of an owner or any other interested party, furnish a certificate executed by its President, Vice President, Secretary, Treasurer or any other officer thereunto duly authorized, setting forth whether Assessments payable with respect to a particular Lot have been paid, the amount of the delinquency, if any, and the amounts of any outstanding and unpaid interest, late charges, penalties, costs of collection, including attorney's fees and court costs, if any, associated with any such delinquent Assessments. A properly executed certificate of the Association as to the status of Assessments, as aforesaid, shall be binding upon the Association as conclusive evidence or the status of the payment of any Assessment therein stated to have been paid or to be delinquent as of the date of the issuance of such certifi~ate. The Association shall be entitled to charge and collect a reasonable fee for and as a condition precedent to the issuance of any such certificate not to exceed Twenty-five and NO/lOa Dollars ($25.00) 10.17 No Defenses or Offsets. All Assessments shall be payable in full and at the times due. No defenses or offsets against the payment of such amount shall be permitted for any reason whatsoever, including, without limitation, any claim by an Owner that (i) the Association is not properly exercising its rights and powers or performing or discharging its duties and obligations as provided in this Declaration, its Articles or By-Laws; (ii) an Owner and his family has made, or elected to make, no use of the Common Property; (iii) the Owner and his family have otherwise made a purported waiver or elected to, waive their membership in the Association; or (i v) the Association has suspended the right, privilege and easement of such Owner and his family to use the Common Property as provided in Section 9.5 of this Declaration. 10.18 Waiver of Homestead and Other Exemptions. Each Owner, by the acceptance of a deed or other conveyance to his Lot, shall, to 42 the extent permitted by applicable law, be deemed to have waived, to the extent of any lien for Asses?ments at any time imposed upon such Lot pursuant to this Declaration~ the benefit of any homestead or similar exemption laws of the State of Florida or the United States of America now in effect or hereafter enacted. ARTICLE XI NON-PAYMENT OF ASSESSMENTS 11.1 Delinquency. Any Assessment established, made, levied or imposed by the Association pursuant to and in accordance with this Declaration which is not paid on its due date shall be deemed to be delinquent on that date. With reasonable promptness after any Assessment becomes delinquent, the Association shall provide written notice of such delinquency to the Owner of Lhe Lot with respect to which such delinquent Assessment has been made, levied and imposed. If the delinquent Assessment is not paid within ten (10) days following the delivery of such notice of delinquency, the Association, in its discretion, shall be entitled to immediately impose a reasonable late :charge associated with the administration of such delinquent Ass'essment. Additionally, any such unpaid Assessment shall bear interest from the date of delinquency at the highest rate then allowed by the laws of the State of Florida. 11.2 Notice of Lien. The AssoCiation shall, at any time following the expiration of a period of ten (10) days following the aforesaid delivery of the notice of delinquency, be entitled to cause a Claim of Lien for such delinquent Assessments to be filed among the Public Records of the County. Any such Claim of Lien shall, among other things, state and identify the legal description of the Lot against or with respect to which the lien is claimed, the name of the record Owner of such Lot as best known to the Association as determined from its records, the amount of the lien claimed, including the amount of interest accrued and the rate of accrual, late charges, and costs and expenses associated with collection, including attorneys' fees, if any, accrued to the date of the execution of such Claim of Lien. Such Claim of Lien shall be executed by the President, Vice President, Secretary, Treasurer or other officer of the Association thereunto duly authorized by the Association or by the attorney for the Association. Within seven (7) days of the recording of the same, a copy of such Claim of Lien shall be sent to the Owner of the Lot against or with respect to which such lien is claimed. 11.3 Foreclosure of Assessment Lien. The Association shall, at any time subsequent to the filing of the aforesaid Claim of Lien among the Public Records of the County against or with respect to a particular Lot, be entitled to bring an action in the Circuit Court of the Eighteenth Judicial Circuit in and for the County to foreclose the lien of the Association for delinquent Assessments evidenced by such Claim of Lien in the same manner as mortgage liens are foreclosed. Any judicial sale pursuant to such foreclosure action shall be conducted as ordered by the Court or in 43 accordance with the provisions of Section 45.031 Florida Statutes (1995), as amended or replaced from time to time. The Association shall have the right and power to bid at any foreclosure sale with respect to any lien foreclosed ~y it using its judgment for the delinquent Assessment, Association funds, and funds otherwise borrowed by the Association for that purpose, and if the successful bidder at such foreclosure sale, to acquire, own, hold, lease, sell, mortgage and convey any Lot upon or with respect to whlch it has foreclosed its lien for delinquent Assessments. 11.4 Collection from Owner. The Association shall, at any time following the delivery of the aforesaid notice of delinquency, also be entitled to bring an action at law for the recovery and collection of such delinquent Assessment in the Circuit Court of the Eighteenth Judicial Circuit in and for the County against the Owner of the Lot personally obligated for the payment of such delinquent_Assessment. 'Each Owner of a Lot, by the a~ceptance of a deed or other conveyance of the Lot owned by him shall be deemed to have agreed and consented to the jurisdiction of said Court over the person of such Owner ,for purposes of any action at law for the recovery and collection of any delinquent Assessment for the payment of which he is personally obligated. 11.5 Judqment Amount. Whether in an action at equity to foreclose the lien of the Association for delinquent Assessments or in an action at law for the recovery and collection of any such delinquent Assessment from the Owner of the Lot personally obligated for the payments of the same, the Association shall be entitled to recover in such proceedings the amount of such delinquent Assessment, together with late charges and interest thereon, if any, and such costs and expenses, including reasonable attorneys' fees incurred either at trial level or on appeal, associated with the enforcement, recovery and collection thereof as may be awarded by the Court. 11.6 Remedies Cumulative. The remedies herein provided for the collection and enforcement of Assessments and the foreclosure of the lien therefor shall be cumulative and not alternative; it being expressly provided that any suits brought for the collection of assessments against the Owner personally obligated and liable for the payment of the same and for the foreclosure of the lien herein provided against the Lot involved may be brought simultaneously as separate counts in the same action. 11.7 Satisfaction of Lien. Upon payment or other satisfaction of (a) all delinquent Assessments specified in the Claim of Lien, (b) interest, late charges, costs and expenses of collection, including attorneys' fees, as aforesaid, which have accrued to the date of such payment or satisfaction, and (c) all other assessments which have become due and payable with respect to the Lot with respect to which a Claim of Lien has been recorded, the President, Vice President, Secretary, Treasurer or other officer of the Association thereunto duly authorized, or the attorney for the 44 Association, shall cause an appropriate release of such Claim of Lien to be filed and recorded among the Public Records of the County upon the payment by Owner of the Lot with respect to which such Claim of Lien was recorded of a reasonable fee to be determined by the Association, but not to exceed FIFTY AND NO/100 DOLLARS ($50.00) to cover the costs associated with the administration of the satisfaction of such lien including, without limitation, the cost of preparing and recording such releas~~ ASSOCIATION: ARTICLE XII PURPOSES, DUTIES AND POWERS 12.1 Oblects and Purposes and Function. The Association has been created and established in order to advance the objects and purposes of this Declaration. The Association shall have exclusive jurisdiction over and the sole responsibility for the establishment, levy, imposition, enforcement and collection of all Assessments for which provision is made in this Declaration, the payment of all Common Expenses, as defined in this Declaration, and the promotion and advanGement of the health, safety and general welfare of the members of the Association; all as more particularly provided in this Declaration and in the Articles of Incorporation, By-Laws and rules and regulations of the Association. 12.2 Duties and Powers, Generally. In addition to those duties and powers conferred by law and those specified and enumerated in its Articles of Incorporation and By-Laws, the Association shall also have such duties and powers as are, respectively, imposed and conferred upon it pursuant to this Declaration, including, without limitation, such duties and powers as may be reasonably imposed from, necessary for and incidental to the accomplishment of the obj ects and purposes for which the Association has been created and established. 12.3 Duties of Association. The Association, acting by and through its Board of Directors, shall, in addition to those general and specific duties, responsibilities and obligations imposed upon it by law and those specified in its Articles of Incorporation and By-Laws, have the following specific duties, responsibilities and obligations: 12.3.1 Payment of Common Expenses. To pay all Common Expenses and any other expenses for which Assessments are made associated with the management and administration of the business and affairs of the Association and all other Common Expenses and any other expenses for which Assessments are made for which provision is made in this Declaration. 12.3.2 Levy and Collection of Assessments. To establish, make, levy, impose, enforce and collect all Assessments for which provision is made in this Declaration or which shall otherwise be necessary to provide and assure the availability of such funds as may be reasonably necessary to 45 pay all Common Expenses or otherwise conduct the business and affairs of the Association. 12.3.3 Other Services. To provide and perform such other services and tasks, the 'responsibility for which has been expressly or impliedly delegated to the Association pursuant to this Declaration. 12.3.4 Insurance. Subject to the Board's sole discretion in determining the types of insurance coverages to purchase and the amounts thereof, to provide adequate insurance protection on and for the Common Property and, consistent with their respective duties, responsibilities and liabilities, provide adequate insurance protection on and for the Association itself and its officers and directors, as well as for the members of the Architectural Review Board established pursuant to this Declaration. 12.3.5 Preserve and Enhance Beautv of St. Johns Landinq. To preseJ;"ve, protect, maintain and enhance the appearance and natural beauty of the Common Property and St. Johns Landing Community generally. 12.3.6 Promotion of Health, Safety and Welfare. To advance, promote, enhance and protect the health, safety and general welfare of the members of the Association, the residents of St. Johns Landing and the St. Johns Landing Community generallYi provided, however, that the Association shall be and hereby is specifically prohibited from engaging in any political activity or any other activity whereby its status as a corporation not-for-profit or its exemption from Federal or state income taxation, if any, shall be forfeited or jeopardized. 12.3.7 Establish and Enforce Rules and Requlations. To make, establish, promulgate and publish, and to enforce such rules and regulations for the protection, and governing the use, of Common Property as the Board of Directors of the Association deems to be in the best interest of the Association and its members. 12.3.8 Other Activities. To engage l.n any and all other activities permitted to be engaged in by a corporation not-for-profit under the laws of the State of Florida as may be necessary or appropriate for the achievement of the objects and purposes for which the Association has been created, formed and established. 12.3.9 Operate Without Profit. To operate without profit for the sole and exclusive benefit of its members and the St. Johns Landing Community. 46 12.4 Powers of Association. The Association, acting by and through its Board of Directors, shall, in addition to those general and specific powers conferred upon it by law and those powers specified in its Articles of Incorporation and By-Laws, have the following specific powers: . 12.4.1 Own and Deal with Common Property. Except as may be limited by the terms of this Declaration and the Articles of Incorporation and By-Laws of the Association, to acquire, own, hold, control, administer, manage, operate, regulate, care for, maintain, repair, replace, restore, preserve, protect, buy, sell, lease, transfer, convey, encumber or otherwise deal in or with real or personal property, (or any interest therein, including easements) which is, or upon its acquisition by the Association shall thereupon become, Common Property as defined ,in this Declaration. 12.4.2 Levvand Collect Assessments. To establish, make, levy, impose, enforce and collect all Assessments and impose, foreclose ,and otherwise enforce all liens for Assessments for which provision is made in this Declaration in accordance with the' terms and provisions of this Declaration and the Articles of Incorporation and By-Laws of the Association. 12.4.3 Establish Reserves. To create, establish, maintain, and administer such capital expenditure reserves and other reserve funds or accounts as shall, in the discretion of the Board of Directors, be reasonably necessary to provide and assure the availability of funds necessary for the care, maintenance, repair, replacement, restoration, preservation, and protection of all Common Property, including all easements and facilities, and for such other purposes as the Board of Directors of the Association, in its reasonable discretion shall deem necessary or appropriate. 12.4.4 Sue and Be Sued. To sue and be sued and to defend any suits brought against it. 12.4.5 Borrow Money. Subj ect to the limitations specified in Section 12.5 of this Declaration and in the Articles of Incorporation of the Association, to borrow such money as may reasonably be required to discharge and perform the duties, responsibilities and obligations imposed upon the Association pursuant to this Declaration and the Articles of Incorporation of the Association. 12.4.6 Emplov and Contract. To employ such persons or to contract with such independent contractors or managing agents as shall be reasonably required in order for the Association to carry out, perform and discharge all or any part of its duties, obligations and responsibilities pursuant to this Declaration and the Articles of Incorporation of the 47 Association; provided, however, that any such employment contract or contract with any independent contractor or managing agent for a term of more than one (1) year shall, by its express terms, be terminable (i) for cause at any time upon not more than thirty (30t days written notice by the Association and (ii) without cause at any time after one (1) year upon not more than sixty (60) days written notice by either party; and, provided further, that any such contract shall otherwise be subject to the provisions of Section 12.5 of this Declaration. 12.4.7 Intentionally Blank. 12.4.8 Provide Public or Ouasi Public Services. Subject to the rights of the City under applicable franchise agreement, to itself provide equipment, facilities and personnel or to cQTItract with an independent contractor or independent contractors, for such public or quasi public services as may be deemed by the Association to be reasonably necessary or desirable for the common health, safety and general welfare of the residents of St. Johns Landing and the St. Johns Landing --Community generally, including, without limitation, internai security and protection services, garbage and trash pickup and disposal services, cable television services and street lighting services. 12.4.9 Enforce Declaration. To take such steps as may be necessary to enforce the provisions of this Declaration, including, without limitation the employment of counsel and the institution and prosecution of litigation to enforce the provisions of this Declaration including, without limitation, such litigation as may be necessary to collect assessments and foreclose liens for which provisions are made in this Declaration. 12.4.10 Surface Water Manaqement Svstem. The Association shall be responsible for the maintenance, operation and repair of the Surface Water Management System including, but not limited to, the roadway and rear-yard under-drains. Maintenance of the Surface Water Management System(s) including, but not limited to, the roadway and rear-yard under-drains, 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 SJRWMD. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the Surface Water Management System including, but not limited to, the roadway and rear-yard under-drains, shall be as permitted, or if modified as approved, by the SJRWMD or the City to the extent that the City has any jurisdiction over such system. 12.5 Limitations and Restrictions on Power of Association. In addition to such other restrictions or limitations on the powers of 48 the Association as may be imposed by law I elsewhere in this Declaration or in the Articles of Incorporation or By-Laws of the Association, and without limiting ~he generality of any thereof, the Association shall be prohibited from taking any of the following actions without the prior approval of a majority of the total voting power of the Association. 12.5.1 Contracts for a Term in Excess of One Year~- The entry into employment contract or other contracts for the delivery of services or materials to the Association having a term in excess of one (1) year, except in the case of prepaid insurance, casualty or liability contracts or policies for not more than three _(3) years duration; provided that the applicable contract or policy provides for and permits early cancellation by the insured. 12.5.2 Pledqe of Assessment Riqhts. The borrowing of any funds secured by a- pledge, assignment or encumbrance of the right and duty of the Association to exercise its power to establish, make levy, impose, enforce and collect any Assessments for which provision is made in this Declaration whereby as a result~'of such pledge, assignment or encumbrance such right and power of assessment may be exercised by a party other than the Association or whereby the Association shall become obligated to establish, levy, enforce and collect any Assessment or Assessments in a particular amount or within a particular time so as to effectively divert from the Association and its Board of Directors the right, duty and discretion to establish, make, levy, impose, enforce and collect Assessments in such amounts and within such time periods as the Board of Directors of the Association, in its discretion, shall deem to be necessary and reasonable. It is expressly provided, however, that the foregoing limitation and restriction upon the pledge, assignment or encumbrance of the assessment rights herein contained shall not preclude the Association from pledging or making an assignment of or otherwise encumbering any Assessment which is then payable to or which will thereafter, in the ordinary course of the Association's business, become payable to the Association provided that any such assignment, pledge or encumbrance, though then presently effective, shall allow and permit any such Assessments to continue to be paid to and used by the Association as set forth in this Declaration unless and until the Association shall default on the repayment of the debt which is secured by such pledge, assignment or encumbrance. 12.5.3 Sale or Transfer of Real Propertv. The sale, transfer or other disposition, whether or not for consideration, of any real property owned by the Association as Common Property; provided, however, in no event shall the Association be entitled or empowered to sell, conveyor transfer any real property constituting Common Property transferred and conveyed by Developer to the Association 49 pursuant to the provisions of Section 9.1 of this Declaration without first receiving the prior written consent of Developer. Further, upon the request of Developer, the Association shall re-convey to Developer any Common Property previously conveyed by Developer to the Association, in the event such original conveyance was made in error or in the event Developer modifies the development plan for St. Johns Landing in such manner as to require the incorporation of the affected Common Property,into Residential Property use. Any such reconveyance to Developer shall automatically cause all of the easements created under Article XIV or the Plat to be automatically void, released and vacated without the requirement of any written release from any easement holder. Notwithstanding anything to the contrary contained in the foregoing, the Association shall not be permitted to sell, transfer or otherwise dispose of any lands upon which such is contained any part of the Surface Water Management System, or any facilities associated with the operation of such system, without the prior written consent of the SJRWMD and the City. 12.5.4 Pavrnent'of Compensation to Officers or Directors. The payment of compensation to the elected directors or to officers of the As-sociation for services performed in the conduct of their duties is prohibited; provided, however, that nothing herein contained shall preclude the Association from reimbursing any such elected director or officer for reasonable expenses actually incurred and paid by any such elected director or officer in the conduct of the business and affairs of the Association; and provided, further, that nothing herein contained shall preclude the employment by the Association and payment of compensation to a manager or executive director of the Association who shall not be an elected director or officer of the Association. ARTICLE XIII ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS 13.1 Membershi? Every Owner shall automatically and mandatorily be a member of the Association upon becoming an Owner. Additionally, Developer shall automatically and mandatorily be a member of the Association. Membership may not be refused, waived or surrendered, but a member's voting rights and use and enjoyment of the Common Property may be regulated or suspended as provided in this Declaration and the Articles of Incorporation, By-Laws and rules and regulations of the Association. 13.2 Transfer of Membership. Membership in the Association shall be appurtenant to and may not be separated from the ownership interest of an Owner in the Lot owned by such Owner. The membership of an Owner in the Association shall not be transferred, pledged or alienated in any way, except that such membership shall automatically be transferred and assigned to a transferee upon the transfer of the ownership interest required for membership in the 50 Association. The Association shall have the right to record any such automatic transfer upon the books and records of the Association without any further- action or consent by the -transferring Owner or any transferee Owner. Any attempt to make a prohibited transfer of membership, however, shall be void and of no force and effect and will not be reflected upon the books and records of the Association. 13.3 Members' Riqhts. The rights of every member of the Association shall be subj ect to and governed -by the terms and provisions not only of this Declaration, but, in addition, shall at all times be subject to the terms and provisions of the Articles of Incorporation, ByLaws and Rules and Regulations of the Association. 13.4 Intentionally Blank. 13.5 Votinq Riqhts. An Owner's right to vote' shall vest immediately upon such Owner's qualification for membership as provided in this Declaration and the Articles of Incorporation and Bylaws of the Association. All voting rights of a member shall be exercised in accordance"with and subject to the restrictions and limitations provided in- this Declaration and in the Articles of Incorporation, and By-Laws of the Association. 13.6 Classes of Votinq Membership; Number of Votes. The Association shall have two (2) classes of voting membership as follows: 13.6.1 Class A. Class A members shall be all Owners of Lots, with the exception of Developer, until Class B membership has been converted to Class A membership as provided in Subsection 13.6.2 of this Declaration and in the Articles of Incorporation of the Association, and after such conversion all Owners of Lots classified as Residential Property shall be Class A members. Class A members shall be entitled to one (1) vote for each Lot in which they hold the ownership interest required for membership; provided, however, that in the event that (i) two (2) or more contiguous Lots or (ii) one (1) Lot and a portion of another Lot contiguous thereto are owned in common by the same Owner and combined, developed and improved by such Owner as a single unified residential homesite, the ,Owner of any such combination of Lots shall only be entitled to one (1) vote for each such combination of Lots so owned. When more than one person or entity holds the ownership interest required for membership in the Association, each such person or entity shall be a member, but the single vote of such members with respect to the Lot owned by them shall be exercised as those holding a majority interest in the Lot determine. However, in no event shall more than one (1) Class A vote be cast with respect to any Lot which is owned by more than one person or entity. The Association may, but shall not be obligated to, recognize the vote or written assent of any co- owner of a Lot, but the Association shall recognize the vote or 51 written assent of a particular co-owner who or which is designated by a majority interest of all co-owners entitled to cast the vote attributable to che Lot owned by such co-owners, provided that such written designation shall be delivered to the Association not less than twenty-four (24) hours prior to the taking of the particular vote in question. 13 .6.2 Class B. The Class B member shall be the Developer. The Class B member shall be entitled to five (5) votes for each Lot in which Developer holds the ownership interest required for membership; provided, however, that Class B membership shall cease and be converted to Class A membership when the total votes outstanding in Class A membership exceeds the total votes outstanding in Class B membership, at which time Class B membership shall automatically be terminated and the Class B member shall be entitled and required to vote as a Class A member. .Notwithstanding the foregoing" St. Johns Landing may be developed in phases, with the recordation of more than one (1) plat affecting the Subject Property. Developer intends to develop thirty-one (31) Lots in the Subj ect Property, -'and effective as of the date of this Declaration Developer shall have five (5) Class B votes for each of such thirty~one (31) Lots, regardless of whether any or all of such Lots have been included in a recorded plat of all or a portion of the Subject Property. Further, in the event that the plats of the Subject Property create more than thirty- one (31) Lots, Developer shall also have five (5) Class B votes for each Lot in excess of the original estimate of thirty-one (31) Lots, from the date of recordation of the plat(s) which incorporate the increase in the number of Lots. 13.7 Intentionally Blank. 13.8 Approval by Members. Unless elsewhere otherwise specifically provided in this Declaration or the Articles of Incorporation or By-Laws of the Association, any provision of this Declaration or the Articles of Incorporation and By-Laws of the Association which requires the vote or approval of a majority or other specified fraction or percentage of the total voting power of the Association shall be deemed satisfied by either, both or a combination of the following: (a) The vote in person or by proxy of the majority or other specified fraction or percentage of the total voting power of the Association at a meeting duly called and noticed pursuant to the provisions of the By-Laws of the Association dealing with annual or special meetings of the members of the Association. (b) Written consents signed by the majority or other specified fraction or percentage of the total voting power of the Association. 52 . ARTICLE XIV EASEMENTS 14.1 Easements Generallv. Developer, on behalf of itself and for the benefit, where so stated,of the City, the Association, all Owners, and other specified parties, and also for the benefit of all real property from time to time included within the Subject Property, hereby creates, declares and reserves the following easements upon those affected portions of the Subj ect Property hereinafter specified: 14.1.1 Utilitv Easements. There are hereby created, declared, granted and reserved for the benefit of Developer, the City, the Association, all Owners and any public or private provid~rs of utility services to the Subject Property and their respective successors and assigns a non-exclusive easement for utility purposes (the "Utility Easements") over, under, within and upon the Common Streets and Roads and all utility easements and easement areas shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration for the purposes of construoting, installing, inspecting, maintaining, repairing and replacing from time to time any and all utility lines, systems and facilities from time to time located therein or thereon. The utilities contemplated to be served by such Utility Easements shall include, without limitation, those providing electric power, natural gas, telephone, potable water, sanitary sewer, cable television and electronic security services. 14.1.2 Drainaqe Easements. There is hereby created, declared and reserved for the benefit of Developer, the City, the Association and all Owners a non-exclusive easement for storm water collection, retention, detention and drainage under, over, upon and within all drainage easements ponds and tracts shown on the Plat or otherwise reserved, declared or created pursuant to this Declaration, together with an easement and license in favor of the Developer, the City, the SJRWMD and the Association only to enter upon such areas for the purposes of constructing, installing, inspecting, maintaining, repairing and replacing any and all storm water drainage systems, improvements and facilities from time to time located therein or thereon. Additionally, Developer, for the benefit of itself, the City, the SJRWMD, the Association and all Owners hereby reserves easements over any and all other portions of the Subject Property as may be reasonably required from time to time in order to provide storm water drainage to all or any portions of the Subject Property; provided, however, that any such additional drainage easements shall not unreasonably interfere with the use and enj oyment by any Owners of the particular Lots or any Improvements from time to time placed, located, constructed, erected or installed thereon. The foregoing easements are sometimes hereinafter referred to as the "Drainage Easements". 53 .. The Developer intends to construct berms and drainage swales within portions of the Drainage Easements identified on the Plat for -the purpose of managing and containing the flow of excess surface water, if any. Each Owner, including builders, shall be responsible for the maintenance, operation and repair of the berms and drainage swales on their respective Lots. Likewise, the Association shall be responsible for the maintenance, operation and repair of the berms and drainage swales that are not located on a Lot (e.g. within the Common Property). Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the berms and drainage swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the SJRWMD. Filling, excavation, construction of fences or otherwise obstructing the surface water flow ip the swales is prohibited. No alteration of the berms and drainage swales shall be authorized and any damage to any berms -and drainage swales, whether caused by natural or human-induced phenomena, shall be repaired and the berms and drainage swales returned to their former condition as soon as possible by':the party (i. e. Owner or the Association) having responsibility for the maintenance of the damaged berms and drainage swales. 14.1.3 Intentionally Blank. 14.1.4 Wall and Landscape Easements. There is hereby created, declared, granted and reserved for the benefit of Developer and the Association an easement over and upon all wall and landscape easement areas shown on the Plat (the "Wall and Landscape Easements") together with the easement and license to enter upon such Wall and Landscape Easement areas for the purposes of erecting, constructing, installing{ inspecting{ maintaining{ repairing and replacing any and all screening walls or fences, and the installation and irrigation of any landscaping therein, which may be required by the City and/or deemed to be necessary or desirable by Developer or the Association. 14.1.5 Landscape Easements. There is hereby created{ declared{ granted and reserved for the benefit of Developer and the Association an easement for landscaping purposes (the "Landscape Easements") over and upon all landscape easement areas, entry ways, medians and landscape buffers shown on the Plat, if any{ or hereafter declared by Developer, together with the easement and license to enter upon such areas for the purposes of installing, mainta~ning{ inspecting{ repairing and replacing any and all landscaping, including trees, grasses{ shrubs, bushes, ground covers and other plant materials and irrigation systems of any kind{ whether the same shall be required by the City and/or deemed necessary or desirable by Developer or the Association. 54 .. 14.1.6 Conservation Easements. It is hereby established that the conservation easements shown on the Plat (the "Conservation Easement"s") are permanent , private Conservation Easements in perpetuity, as defined in Section 704.06, Florida Statutes (1995), for the perpetual benefit of Developer, the City, the SJRWMD and the Association and same shall be of the nature and character and to the extent hereinafter set forth. Developer fully warrants title to the land subjected to the Conservation Easements and, as to the SJRWMD, will warrant and- defend the same against the lawful claims of all persons whomsoever. The purpose of the Conservation Easements is to assure that the lands subjected to the Conservation Easements will be retained forever in their existing natural conditions and to prevent any use that will impair or interfere with the environmental value of said lands. (a) Any activity on or use of the Conservation Easements inconsistent with the- purpose of the Conservation Easements is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (i) constructing' or placing buildings, roads, signs, billboards or other'advertising, utilities or other structures on or above the ground, (ii) dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials, (iii) removing or destroying trees, shrubs, or other vegetation, (iv) excavating, dredging or removing loam, peat, gravel, soil rock or other material substances in such a manner as to affect the surface, (v) surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition, (vi) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, (vii) acts or uses detrimental to such retention of land or water areas, (viii) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. (b) Developer reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the lands subjected to the Conservation Easements, including the right to engage in or permit or invite others to engage in all uses of the said lands, that are not expressly prohibited herein and are not inconsistent with the purpose of the Conservation Easements. (c) Developer, subj ect to the reasonable approval by the City, by a recorded instrument may extend the benefit of the Conservation Easements established by this Subsection 14.1.6 to (i) any adjoining lands, or (ii) any homeowners, condominiums, cooperative or similar association now or hereafter formed with respect to any adjoining lands, or (iii) any association, non- 55 - profit corporation, trust, or other organization that maintains similar preservation areas in the Tuscawilla development, or (iv) any combination of the foregoing. Developer, however, may not extend any benefit to the general public, including any right of entry or access. Such easements may be terminated only by (i) the taking by a governmental entity of the Conservation Easements or the Conservation Easement areas by condemnation or eminent domain, (ii) an entry of final judgment by a court of competent jurisdiction that, because of change of circumstances, the purpose of such easements no longer reasonably can be accomplished, or (iii) the SJRWMD. (d) The Conservation Easements grant no right of access or entry to the area of the Conservation Easements to the general public or to any person except the Developer, the Association, the SJRWMD and the City, provided such access by the City is reasonable. Without limitation, no right of access or entry is granted any Owner, except the Owner on whose Lot any of the Conservation Easements is situated, who has a reasonable right of entry to the part of the Conservation Easements situated on'such Lot for any purpose not inconsistent with the maintenanae of the Conservation Easements for its intended purposes. Such right of entry is non-exclusive as to the Developer and the Association but is exclusive as to any other person. (e) To accomplish the purposes stated herein, Grantor conveys the following rights to the SJRWMD and City: (i) to enter upon and inspect the lands subjected to the Conservation Easements in a reasonable manner and at reasonable times to determine if Developer or its successors and assigns are complying with the covenants and prohibitions contained in this Paragraph 14.1.6, (ii) to proceed at law or in equity to enforce the provisions of this Paragraph 14.1.6 and the covenants set forth herein, and require the restoration of areas or features of the lands subjected to the Conservation Easements that may be damaged by any activity inconsistent with the Conservation Easements. (f) The SJRWMD and City may enforce the terms of this Paragraph 14.1.6 at its discretion, but if Developer breaches any term of this Paragraph 14.1.6 and the SJRWMD or City does not exercise its rights hereunder, the SJRWMD's or City's forbearance shall not be construed to be a waiver by the SJRWMD or City of such term, or of any subsequent breach of the same, or any other term hereof, or of any of the SJRWMD's or City's rights hereunder. No delay or, omission by the SJRWMD or City in the exercise of any right or remedy upon any breach by Developer shall impair such right or remedy or be construed as a waiver. Neither the SJRWMD nor the City shall not be obligated to Developer, or to any other person or entity, to enforce the provisions of this Paragraph 14.1.6. 56 1 ' (g) As to the SJRWMD and City only, Developer will assume all liability for any injury or damage to the person or property of third parties which may occur on the lands subjected to the Conservation Easements. Neither Developer, nor any person or entity claiming by or through Developer, shall hold the SJRWMD or City liable for any damage or injury to person or personal property which may occur on the lands subjected to Conservation Easements. (h) Nothing contained herein shall be construed to entitle the SJRWMD or City to bring any action against Developer for any injury to or change in said lands resulting from natural causes beyond Developer's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Developer under emergency conditions to prevent, abate or mitigate significant injury to the aforesaid lands. resulting from such causes. 14.1.7 Intentionally Blank. 14.1.8 Construction and Marketinq Easements. There is hereby created, declared, granted and reserved for the benefit of Developer together with the right to grant, assign and transfer the same to Developer's sales agents and sales representatives as well as to builders or building contractors approved by Developer for the construction of residences within St. Johns Landing, an easement for construction activities upon Residential Property and an easement for marketing activities and signs on Residential Property and for the maintenance on Residential Property from time to time of model centers in which and from which Developer and its authorized sales agents and sales representatives and approved builders and building contractors may engage in marketing and information activities on a temporary basis during the period of the development of and construction within St. Johns Landing (the "Construction and Marketing Easements"), provided, however, that such marketing activity shall be conducted from and within buildings constructed as single family residential dwellings which are temporarily used for such activities and which are thereafter to be sold, used and occupied as single family residential dwellings. The location of such model centers within St. Johns Landing may be changed from time to time by Developer, in its sole and absolute discretion. 14.1.9 Association Easements. There is hereby created, declared and granted to the Association, such easements over and upon all or any portion of the Subj ect Property, as may be reasonably necessary to permit the Association to carry out and discharge its duties, obligations and responsibilities under and pursuant to this Declaration and the Articles of Incorporation, By-Laws and rules and regulations of the Association (the "Association Easements") . 57 -, ~ Such Association Easements shall be in addition to the Drainage Easements hereinabove granted to the Association pursuant to Subsection 14.1.2 of this Declaration. 14.1.10 Common Roads' and Streets. There are hereby created, declared, granted and reserved for the benefit of Developer, the City, the Association, the Owners and their invitees, licensees and guests a non-exclusive easemerit for vehicular and pedestrian ingress and egress through the Subj ect Property over the Common Streets and Roads, and to Developer and the Association for the purpose of constructing, installing, inspecting, maintaining, preparing and replacing from time to time any and all roadway facilities and landscaping from time to time located or to be located thereon. It is expressly provided that the rights-of-way over the Common Streets and Roads are not hereby dedicated to the public and are specifically declared, created and reserved as private street rights-of-way and easements for the benefit only of the Subject Property and only to and for the benefit of those persons or entities, referenced above. Notwithstanding the foregoing, Developer reserves unto itself and to the Association the right to dedicate the Common Streets and Roads to the City, and according to terms acceptable to them. If the Developer elects to dedicate the Common Streets and Roads to the City after same have become Common Property owned or controlled by the Association, the Association shall join in to any such dedication, without consideration, requested by the Developer. The Association may install guard houses and/or limited access gates or facilities at the entrance to the Subject Property, in the sole discretion of Developer or the Association, and the costs of repair, maintenance and replacement of such shall be Common Expenses. 14.1.11 Berm and Swale Easements. There is hereby created, declared, granted and reserved for the benefit of the Developer, the City and the Association a drainage easement over and upon all Berm and Swale Easement areas shown on the Plat (the "Berm and Swale Easements"), together with an easement and license to enter upon such Berm and Swale Easement areas for the purposes of constructing, installing, inspecting, maintaining, repairing or replacing environmental berms and swales and their associated storm water drainage retention/detention areas constituting a part of the Surface Water Management System for the Subject Property. Alteration and/or removal of the berm, swale and associated storm water retention/detention system constructed and installed within such Berm and Swale Easement areas shall be prohibited. 14.1.12 Shoreline Protection Easement. There is hereby created, declared, granted and reserved for the benefit of the Developer, the City and the Association an easement for the protection of the shorelines adjacent to Residential Property 58 " (the "Shoreline Protection Easements") The clearing and alteration of any shoreline vegetation shall be prohibited, except as specifically permitted in accordance with the applicable City ordinances and any amendments or additions to such ordinance or any successor or replacement ordinances. 14.1.13 Sidewalk Easements. There is hereby created, declared and reserved for the benefit of the Developer; the Association and all Owners an easement for sidewalk purposes over, within and upon all Sidewalk Easement areas as shown on the Plat immediately adjacent to all the Common Streets and Roads within St. Johns Landing (the "Sidewalk Easements") for the purposes of constructing, installing, maintaining, repairing and replacing from time to time the sidewalk system of St. Johns Landing. All such benefitted parties shall have a non-exclusive easement for pedestrian ingress, egress and passage over and upon any sidewalks from time to time located constructed, installed and maintained within said Sidewalk Easement areas. As hereinabove provided in Section 8.37 of this Declaration, the Owner of each Lot encumbered by a Sidewalk Easement ,shall be- obligated, at his expense, to initially install, and to thereafter maintain, repair and replace, that portion, if any, of the St. Johns Landing sidewalk system which is to be locate don such Lot. 14.2 Future Easements. There is hereby reserved to Developer and its successors and assigns, together with the right to grant and transfer the same, the right, power and privilege to, at any time hereafter, grant to itself, the Association, the City or any other parties such other further and additional easements as may be reasonably necessary or desirable, in the sole opinion and within the sole discretion of Developer, subject to the reasonable approval of the City, for the future orderly development of St. Johns Landing in accordance with the objects and purposes set forth in this Declaration. Any such easement(s) shall be recorded in the Public Records of the County. It is expressly provided, however, that no such further or additional easements shall be granted or created over and upon Residential Property pursuant to the provisions of this Section 14.2 if any such easement shall unreasonably interfere with an Owner's plans to use or develop a particular Lot as a single family residential home site. The easements contemplated by this Section 14.2 may include, without limitation, such easements as may be required for utility, drainage, road right-of-way or other purposes reasonably related to the orderly development of St. Johns Landing in accordance with the objects and purposes specified in this Declaration. Such further or additional easements may be hereafter created, granted, or reserved by Developer without the necessity for the consent or joinder of the Owner of the particular portion of the Subject Property over which any such further or additional easement is granted or required. 59 ARTICLE XV ARCHITECTURAL AND LANDSCAPE CONTROL 15.1 Reservation of Architectural and Landscape Control. In order to ensure that the development of St. Johns Landing will proceed pursuant to a uniform plan of development and construction and in accordance with consistent architectural, ecological, environmental and aesthetic standards which are designed, and calculated to bring about the achievement and creation of, and to thereafter maintain, preserve and protect, St. Johns Landing as a pleasant, attractive and harmonious physical environment, Developer shall have and hereby reserves exclusively unto itself, for the duration hereinafter specified, the right, privilege, power and authority to review, approve and control the design, placement, construction, erection and installation of any and all buildings, structures and other ,Improvements of any kind, nature or description, including ,landscaping, upon all Residential Property and all Common Property. Such right and control of Developer shall be exercised in the manner hereinafter provided in this Article XV. 15.2 Architectural'~eview Board Established. The Association at all times has as a standing committee an Architectural Review Board, consisting of at least three (3) persons. Architectural Review Board members are appointed by, and serve at the pleasure of, the Board. The Board from time to time may designate alternative members, to serve in the absence of any regular member. Architectural Review Board members need not be Directors of the Association or Association members. No Architectural Review Board member is entitled to compensation for services performed; but the Board may employ independent professional advisors to the Architectural Review Board and allow reasonable compensation to such advisors from Association funds. Any Architectural Review Board action may be taken by a simple majority of its members, with or without a formal meeting or joint deliberation, so long as each member is informed in advance of the action proposed. Notwithstanding anything contained herein to the contrary, until such time as the Developer has divested itself of title to all of the Lots, it shall have the right to choose all three (3) Architectural Review Board members. 15.3 Architectural Review Board Authority. The Architectural Review Board has full authority to regulate the exterior appearance of the Lots to: (i) assure harmony of external design and location in relation to surrounding buildings and topography; and (ii) to protect and conserve the value and desirability of the Subj ect Property as a first class residential community. The power to regulate includes the power to, prohibit those exterior uses, structures, conditions, or activities inconsistent with the provisions of this Declaration or otherwise contrary to the best interests of all Owners in maintaining the value and desirability of the Subject Property as a first class residential community. The Architectural Review Board's authority includes any matter 60 affecting the exterior appearance of Lots and requiring approval by the Association under Article VII or the Design Standards Manual. 15~4 Architectural Review Board Approval. No building, improvement, structure, addition, landscaping, attachment, condition, excavation, alteration, or change (including any color change) may be made, installed, maintained, restored, or permitted to remain on or to the exterior of any Lot, unless made, installed, maintained, or restored, as the case may be, completely in compliance with plans and specifications reviewed and approved by the Architectural Review Board in advance. Notwithstanding the foregoing, the Committee's approval is not required for restoration of any previously approved building, structure, or other item when the restoration is identical in all respects to the original work, as approved. 15.5 Obiective Standards. In addition to any other express standard that may be provided by this Declaration, all actions by the Architectural Review Board must: (i) assure harmony of external design, materials, and location in relation to surrounding buildings and topography wi thin the Subj ect Property; and (ii) protect and conserve the value and desirability of the Subj ect Property as a first class residential community; and (iii) not conflict with the express provisions of this Declaration, the Articles of Incorporation, and the By-Laws; and (iv) otherwise be in the best interests of all Owners in maintaining the value and desirability of the Subject Property as a residential community. 15.6 Rules and Requlations. The Architectural Review Board from time to time may adopt and amend reasonable, uniform rules and regulations as to all matters within the scope of its authority, including procedural matters, and may adopt and amend a Design Standards Manual at any time and from time to time, with any such adoption or amendment to be within the sole and absolute discretion of the Architectural Review Board, so long as such rules and regulations and any amendments to the Design Standards Manual are: (i) consistent with the provisions of this Declaration, the Articles of Incorporation and the By-Laws of the Association; and (ii) if the Board has not constituted itself as the Architectural Review Board, approved by the Board before taking effect. Rules and regulations adopted pursuant to this Section 15.6 have the same force and effect as the Association's other rules and regulations and are enforced by the Board in the name of the Association. 15.7 Subiective Judqment. In addition to complying with the obj ective standards of this Declaration, any applicable Design Standards Manual, and any applicable rules and regulations, Developer specifically intends the Architectural Review Board members to exercise an informed, subjective aesthetic judgment as to any matters within the Architectural Review Board's authority that is conclusive and binding upon any person affected, absent bad faith, mistake, or deliberate, intentional discrimination that 61 cannot be justified on any rational basis. Without limitation, and in recognition of the fact that each Lot is unique, no Architectural Review Board action with respect to any particular Lot necessarily is of any precedential value with respect to any other Lot. Specifically, the fact that the Architectural Review Board may have approved or denied a particular installation, condition, activity, or item with respect to any particular Lot does not, by itself, constitute grounds for requiring such approval or denial with respect to any other Lot. Each application for Architectural Review Board action must be evaluated on its own merits I with the Architectural Review Board exercising the broadest discretionary judgment that is consistent with the requirements of this Declaration. 15.8 Review. The Architectural Review Board from time to time may appoint one or more persons to make preliminary review of any applications and report such applications with such person's advisory recommendations. for Architectural Review Board action. After the Developer gives up control of the Architectural Review Board, the Architectural,Review Board's procedures for review and enforcement of the provi~ions of this Article in all events and at all times must provide any affected person with reasonable advance notice and a reasonable opportunity to be heard in person and through appropriate representatives of such person's choosing in a reasonably impartial manner. 15.9 Applications. Any applications for Architectural Review Board approval must be accompanied by three (3) sets of plans and specifications, together with such renderings, samples, models, and other information as the Architectural Review Board reasonably may require. Any application submitted other than by Owner must attach the Owner's written consent to the approval requested. The application must include the Owner's street address. Any application for installation of any building or other permanent structure must include a landscaping plan and detailed plot plan of any permanent improvements and structures. If requested, the Architectural Review Board may require the preliminary staking of such improvements and structures according to such plan for Architectural Review Board inspection. Any application for the initial installation of any residential dwelling must also include a grading and drainage plan and tree survey. Any costs of filing and processing an application pursuant to this Article are at the expense of the applicant; and the Association also may impose a reasonable, uniform application fee to defray the Architectural Review Board's costs. 15.10 Procedure. Within fourteen (14) days after receiving an application, the Architectural Review Board either must approve the application as submitted or notify the applicant of (i) the Architectural Review Board's decision to deny the application, or (ii) any additional plans, specifications, drawings, or other items that the Architectural Review Board will require to act upon the 62 application, or (iii) both of the foregoing. The Architectural Review Board's failure to so notify the applicant operates as an approval of the application as submitted. Upon receiving the foregoing notice, the applicant may request a hearing before the Architectural Review Board, at which the applicant, personally and through representatives of the applicant's choosing, is entitled to a reasonable opportunity to be heard in a reasonably impartial manner, after reasonable advance notice. No particular formality is required for any of the Architectural Review Board's proceedings, including any hearing, nor is any record required. Unless the applicant agrees otherwise, the Architectural Review Board must approve or disapprove any application within fourteen (14) days after receipt, or within fourteen (14) days after receipt of all additional plans, specifications, drawings or other items requested by the Architectural Review Board pursuant to (ii) above. 15.11 Approval. The Architectural Review Board's 'approval is deemed given under any of the following circumstances: (i) the Architectural Review Board fails to deny any application within fourteen (14) days after ~eceipt, unless the applicant agrees to a longer period of time; ahd (ii) the Committee fails to notify the applicant of its intent' to deny an application, or that further information is required, within fourteen (14) days after receipt of an application, as provided in Section 15.10. In all other events, the Architectural Review Board's approval must be in 'writing and endorsed upon two (2) sets of the plans and specifications, one of which must be returned to the applicant and one retained in the Association's permanent records for a period of at least two (2) years. Upon completion of the approved work, the applicant and any architect, engineer, contractor, or other reasonable professional must certify to the Association in writing that the work has been completed substantially according to the approved plans and specifications; and no Statute of Limitations begins to run in favor of any Owner or other applicant with respect to any substantial non-conformity to the approved plans and specifications until such certificate is filed. 15.12 Chanqes. Any change to any plans and specifications previously approved by the Architectural Review Board affecting exterior elements of the Improvements also must be approved by the Architectural Review Board as provided in this Article XV, except that the Architectural Review Board will expedite, to the extent practical, any such application that is made while construction is in progress. The Architectural Review Board in no event is required to act upon any such application in less than ten (10) days, however. 15.13 Notice of Action. No suit, proceeding or other action to enforce the provisions of this Article XV may be commenced or continued, nor may any of the provisions of this Article XV be enforced, against any person who acquires any interest in a Lot without actual knowledge that a building or other structure 63 (including walls and fencing) was installed, maintained, or restored on the Lot, as the case may be, in violation of the requirements of this Article un;ess such suit, action, or other proceeding is commenced wi thin one (1) year after the City has issued a Certificate of Occupancy or its equivalent. No such action may be commenced, continued, or otherwise enforced against any purchaser or creditor who acquires an interest in, or a lien upon, any Lot for value, other than pre-existing indebtednes~; and without actual knowledge of any such violation, if such purchaser or creditor obtained a statement under oath from the applicable Owner that no violation existed on such Lot at the time value was given or paid. Upon payment of any reasonable uniform charge that the Association from time to time may impose to defray its costs, the Association within ten (10) days after request will issue an appropriate certificate of compliance or non-compliance, as the case may be, with the provisions of this Article XV, that is binding and conclusive as to the information it sets forth, upon both the Association and any person without actual knowledge to the contrary. 15.14 Developer ActiSn. Notwithstanding any provision of this Article XV, no Architectural Review Board approval is required for any residential dwelling or any of its appurtenances constructed by Developer on any Lot as part of the development of St. Johns Landing, so long as it otherwise conforms to the applicable requirements of this Declaration, including the Design Standards Manual. The foregoing exemption is for the exclusive benefit of Developer and may not be extended by Developer to any building or any Owner other than Developer. 15.15 Exculpation for Approval or Disapproval of Plans. The Developer, the Association, the Architectural Review Board and any and all officers, directors, employees, agents and members of either the Developer, the -Association, or the Architectural Review Board shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever or whatsoever by reason, or on account of, any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to the provisions of this Article XV, or for any mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, approval or disapproval. Each person who shall submit plans, specifications or other materials to the Architectural Review Board for consent or approval pursuant to the provisions of this Article XV, by the submission thereof, and each Owner by acquiring title to any Lot or any interest therein, shall be deemed ,to have waived the right to, and shall not, bring any action, proceeding or suit against Developer, the Architectural Review Board, the Association or any individual member, officer, director, employee or agent of any of them for the purpose of recovering any such damages or for any other relief on account of any such decision, approval, disapproval, mistake in 64 judgment, negligence, misfeasance or nonfeasance. Plans, specifications and other materials submitted to and approved by the Architectural Review Board, or by Developer or the Board of Directors, as the case may be, are being reviewed and approved based solely on their compliance with the provisions of this Declaration and as to aesthetic considerations, no person or entity shall rely on approval or disapproval of plans and specifications or any other materials as a representation of any sort regarding compliance with said construction or building standards, any applicable Governmental Regulations, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither Developer, the Architectural Review Board, the Association, nor any individual member, officer, director, employee or agent o.f any of them, shall assume or incur any liability or responsibility whatsoever for any violation of Governmental Regulations or any defect in the design or construction. Notwithstanding the foregoing, the areas of exculpation addressed above are not intended to include a release of the affected persons from undertaking their responsibilities in a good faith, diligent fashion. ARTICLE XVI AMENDMENT 16.1 Amendment bv Developer. Subj ect to the provisions of Section 16.5 of this Declaration until Developer no longer holds an ownership interest in any Lot or other lands within the Subject Property, the terms and provisions of, and the covenants, conditions, restrictions, easements and reservations set forth in, this Declaration may be changed, amended or modified from time to time by Developer in its sole, but reasonable discretion, and without requiring the joinder or consent of any person or party whomsoever, including without limitation, the City, the Association or any Owner or Owners. 16.2 Amendment bv Association. Subject to the provisions of Section 16.5 of this Declaration, the terms and provisions of and the covenants, conditions, restrictions, easements and reservations set forth in this Declaration may be changed, amended, or modified at any time and from time to time by the Association upon the affirmative written consent or the vote of not less than seventy- five percent (75%) of the total voting power of the members of the Association; provided, however, that until Developer no longer holds an ownership interest in any Lot or other lands within the Subject Property, no such change, amendment or modification by the Association shall be effective w.ithout Developer's prior express written joinder and consent on the amending instrument. 16.3 Manifestation of Requisite Consent. In the case of any change, amendment or modification of this Declaration by the Association which requires the affirmative written consent or vote 65 of members of the Association as hereinabove provided In Section 16.2, the acquisition of the requisite written consent or vote of members shall be manifested on the-face of the amending instrument in a certificate duly executed and sworn to before a Notary Public by the President, or Vice President, and the Secretary of the Association affirmatively stating that such requisite affirmative written consent or vote has, in fact, been acquired or obtained prior to the recordation of such amending instrument among the Public Records of the County. Such certificate shall be and constitute conclusive evidence of the satisfaction of the provision of Section 16.2 of this Declaration with respect to the change, amendment or modification of this Declaration effected by the amending instrument of_which such certificate is made a part. 16.4 .Effecti veness of Amendments. All changes, amendments or modifications of this Declaration shall be manifested in a written amending instrument duly executed by Developer or the Association, or both, as may from time to time be required pursuant to the provisions of this Article XVI, and shall be duly recorded among the Public Records of the County. _ Such change, amendment or modification of this Declaration shall be effective as of the date of such recordation or ,such later date as may be specified in the amending instrument itself. 16.5 Limitations on Amendments. Notwithstanding anything to the contrary set forth in this Declaration, the rights of Developer and for the Association to change, amend or modify the terms and provisions of and the covenants, conditions, restrictions, easements and reservations set forth in this Declaration and any amendment hereof shall at all times be subject to and limited and restricted as follows, to wit: (a) This Declaration and any amendment hereof shall at all times be subject to the rules, laws, ordinances and codes of the City. (b) To the extent that particular rights or interests are expressly conferred herein upon or granted to the City, the particular terms and provisions of this Declaration pursuant to which any such rights and interests are conferred upon and granted to the City shall not be changed, amended or modified without the prior written consent and joinder of the City. (c) To the extent that any term or provision of this Declaration may be included herein in satisfaction of any conditions to approval of the Land Use Plan for the Tuscawilla PUD, as any conditions to approval may, from time to time, be changed, amended or modified by the City pursuant to appropriate law or by action of the City, such terms or provisions of this Declaration shall not be changed, amended, or modified or otherwise deleted or eliminated from this Declaration without the prior written consent and joinder of the City. 66 . (d) This Declaration may not be changed, amended or modified in such manner as to term~nate or eliminate any easements granted or reserved herein to Developer or the City, respectively without the prior written approval of Developer or the City, as the case may be, and any attempt to do so shall be void and or no force and effect. (e) Any amendments to the Declaration which alter the Surface Water Management System, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior approval of the SJRWMD and the City. (f) This Declaration may not be changed, amended or modified in any fashion which will result in or facilitate the dissolution of the Association or the abandonment or termination of the obligation of the Association to maintain the Common Property. (g) This Declaration may not be changed, amended or modified in any fashion which would affect the Surface Water Management SYptem for the Subject Property, or its maintenance by the Association, without the prior written consent and approval of the SJRWMD and the City: (h) This Declaration may not be changed, amended or modified in such fashion as to change, amend, modify, eliminate or delete the provisions of this Section 16.5 of this Declaration without the prior written consent and joinder of Developer, in any case, and' to the extent of any proposed change, amendment or modification which shall affect the rights of the City or the SJRWMD hereunder, the same shall require the written consent and joinder of the City, or the SJRWMD, as the case may be. (i) A copy of any amendment or modification to or restatement of, this Declaration shall be delivered to the City immediately after recording of same in the Public Records of the County. ARTICLE XVII DURATION The terms and provisions of and covenants, conditions, easements, restrictions and reservations set forth in this Declaration shall continue to be binding upon the Developer and the Association and upon each Owner and all Owners from time to time of any portion of the Subject Property and their respective successors and assigns and all other persons, parties or legal entities having or claiming any right, title or interest in the Subject Property, by, through or under any of them, for a period of sixty (60) years from the date this Declaration is recorded among the Public Records of the County, after which time this Declaration and the covenants, conditions, restrictions and reservations set forth herein, as the same shall have been changed, amended or modified from time to 67 time, shall be automatically extended for successive periods of ten (10) years unless an instrument of termination executed by the Association upon the affirmative written consent or the vote of not less than ninety~five percent (95%) of the total voting power of the members of the Association Ccertified as provided in Section 16.3 of this Declaration), with the consent and joinder of the City, shall be recorded among the Public Records of the County at least one (1) year prior to the end of the initial term or any subsequent extension term of this Declaration. Each of the easements herein declared to be created, granted or reserved shall continue to be binding upon Developer and the Association and upon each Owner and all Owners from time to time of any portion of the Subject Property and their respective successors and assigns and all persons, parties and legal entities claiming by, through or under any ,of them in perpetuity, unless any such easement shall have been changed, amended, modified, released or terminated by the execution and recordation among the Public Records of the County of a written instrument or Court order, as the case may be, which, in either case, is otherwise legally sufficient in all respects to effect any such chang~, amendment, modification, release or termination of any such"~asement. ARTICLE XVIII ENFORCEMENT 18.1 Parties Entitled to Enforce. Subject to the provisions of Section 18.2 of this Declaration, the terms, provisions, covenants, conditions, restrictions, easements and reservations set forth in this Declaration, as changed, amended or modified from time to time, shall be enforceable by Developer, the Association and/or any Owner whose membership privileges in the Association have not been suspended as contemplated in Section 13.1. Additionally, to the extent that particular rights or interests are expressly conferred upon or granted to the City pursuant to this Declaration, the particular terms and provisions of this Declaration conferring or granting such rights or interests to the City shall also be enforceable by the City. Those so entitled to enforce the provisions of this Declaration shall have the right to bring proceedings at law or in equity against the party or parties violating or attempting to violate any of said covenants, conditions, restrictions, easements or reservations or against the party or parties defaulting or attempting to default in his, its or their obligations hereunder in order to (a) enjoin any such violation or attempted violation or any such default or attempted default, (b) cause any such violation or attempted violation or default or attempted default to be cured, remedied or corrected, (c) recover damages resulting from or occasioned by or on account of any such violation or attempted violation or default or attempted default and (9) recover costs and expenses, including attorneys' and paralegals' fees and costs, incurred in connection with the enforcement of this Declaration. The SJRWMD and the City shall have the right to enforce, by a proceeding at law or in 68 equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water Management System. 18.2 Limitations on Enforcement Riqhts. Notwithstanding the foregoing provisions of Section 18.1 of this Declaration, the right to enforce the provisions of this Declaration shall be subject to and limited by the requirement that the Association shall have the exclusive right to collect Assessments and enforce Assessment liens. To the extent that specific rights, interests or reservations are conferred upon or granted or reserved to specific parties pursuant to this Declaration only those parties upon or to whom or which such rights, interests or reservations are conferred, granted or reserved shall have the right to enforce the provisions of this Declaration relating to such rights, interests or reservations. 18.3 Enforcement bv Owners. Only Developer and the Association shall have the right to enforce the provisions of Article XV of this Declaration with respect to architectural and landscape control. It is expressly provided, however, that if both Developer and the Association fail, refuse or are unable to commence enforcement of such provisions within thirty (30) days following written demand to do so from any Owner, any Owner who makes such demand and who otherwise has standing to do so, shall have the right to enforce the provisions of said Article XVi provided, however, that such right of enforcement shall not include the right to seek judicial review of discretionary decisions made either by Developer, the Association or the Architectural Review Board where the discretion to make such decision lS expressly conferred pursuant to this Declaration. 18.4 Attornevs' Fees. In the event that legal or equitable proceedings are instituted or brought to enforce any of the provisions set forth in this Declaration, as changed, amended and modified from time to time, or to enjoin any violation or attempted violation or default or attempted default of the same, the prevailing party in such proceeding shall be entitled to recover, from the losing party such reasonable attorneys' and paralegals' fees and court costs as may be awarded by the court rendering judgment in such proceedings, whether incurred at the trial or appellate level. 18.5 No Waiver. Failure by Developer, the Association, any Owner or the City (only to the extent any right of enforcement is otherwise granted to or conferred upon the City pursuant to this Declaration), to enforce any term, provision, covenant, condition, restriction, easement or reservation herein contained in any particular instance or on any particular occasion shall not be deemed a waiver of the right to do so upon any subsequent violation or attempted violation or default or attempted default of the same 69 or any other term, provision, covenant, condition, restriction, easement or reservation contained herein. 18.6 Nuisance. The result of every act or omission, where any term or provision of, or covenant, condition, restriction, easement, or reservation set forth in this Declaration is violated, breached or in default in whole or in part, is hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shalt be applicable against every such result, and may be exercised by . Developer, the Association or any Owner. 18.7 Cumulative Riqhts and Remedies. In connection with the enforcement of this Declaration, all rights, remedies of Developer, the Association, the Owners, and the City (to the extent provided herein), ~hall be cumulative, and no single right or remedy shall be exclusive of any other. 18.8 Effect of Invalldation. If in the course of an attempt to enforce this Declaration, any particular provision of this Declaration is held tooe invalid by any court, the invalidity of such provision shall n()t affect the validity of the remaining provisions hereof. ' 18.9 Exculpation. Developer, the Association, the Architectural Review Board, and the individual members, officers, directors, employees or agents of any of them, shall not, jointly or severally, be liable or accountable in damages or otherwise to any Owner or other party affected by this Declaration, or to anyone submitting plans or other materials for any required consent or approval hereunder, by reason or on account of any decision, approval or disapproval required to be made, given or obtained pursuant to the provisions of this Declaration, or for any mistake in judgment, negligence or nonfeasance related to or in connection with any such decision, approval or disapproval. Each person who shall submit plans or other materials for consent or approval pursuant to this Declaration, by the submission thereof, and each Owner of any Lot, by acquiring title thereto or an interest therein, shall be deemed to have agreed that he or it shall not be entitled to bring and shall not bring any action, proceeding or suit against Developer, the Association, the Architectural Review Board, or any individual member or members or officer or officers, director or directors, employee or employees or agent or agents of any of them for the purpose of recovering any such damages or other relief on account of any such decision, approval or disapproval. ARTICLE XIX MISCELLANEOUS' PROVISIONS 19.1 Constructive Notice and Acceptance. Every person, corporation, partnership, limited partnership, trust, association or other legal entity, who or which shall hereafter have, claim, 70 own or acquire any right, title, interest or estate in or to any portion of the Subject Property, whether or not such interest is reflected upon the Public Records of the County shall be conclusively deemed to have consented and agreed to each and every term, provision, covenant, condition, restriction, easement and reservation contained or by reference incorporated in this Declaration (including those matters set forth in the Design Standards Manual), whether or not any reference to this Declaration is contained in the document or instrument pursuant to which such person, corporqtion, partnership, limited partnership, trust, association or other legal entity shall have acquired such right, title, interest or estate in the Subject Property or any portion thereof. 19.2 Personal Covenants. To the extent that the ar.ceptance or conveyance of a Lot creates a personal covenant between the Owner of such Lot and Developer, the Association or any other Owner or Owners, such personal covenant shall terminate and be of no further force or effect from or after the date when a person or entity ceases to be an Owner except to the extent that this Declaration may provide otherwise with respect to the personal obligation of such Owner for the payment of Assessments for which provision is expressly made in this Declaration. 19.3 Governinq Law. This Declaration and the interpretation and enforcement of the same shall be governed by and construed in accordance with the laws of the State of Florida. 19.4 Construction. The provisions of this Declaration shall be liberally construed so as to effectuate and carry out the objects and purposes specified in Article II of this Declaration. 19.5 Article and Section Headinqs. Article and Section headings contained in the Declaration are for convenience and reference only and in no way define, describe, extend or limit the intent, scope or content of the particular Articles or Sections in which they are contained or to which they refer and, accordingly, the same shall not be considered or referred to in resolving questions of interpretation or construction. 19.6 Sinqular Includes Plural, Etc. Whenever the context of this Declaration reasonably requires the same, the singular shall include the plural and the plural the singular and the masculine shall include the feminine and the neuter. 19.7 Time of Essence. Time is of the essence of this Declaration and in the performance of all covenants, conditions and restrictions set forth herein. Whenever a date or the expiration of any time period specified herein shall fall on a Saturday, Sunday or federal banking holiday, the date shall be extended to the next succeeding business day which is not a Saturday, Sunday or federal banking holiday. 71 19.8 Notice. Any notice required or permitted to be given pursuant to the provisions of this Declaration shall be in writing and shall be delivered as follows:- (a) Notice to an Owner shall be deemed to have been properly delivered when delivered to the Owner's Lot, whether said Owner personally receives said notice or not, or placed in the first class United States mail, postage prepaid, to the most recent address furnished by such Owner in writing to the Association for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Owner's Lot. Any notice so deposited in the mail shall be deemed delivered forty- eight (48) hours after such deposit. In the case of co-owners any such notice may be delivered or sent to anyone of the co-owners on behalf of all co-owners and shall be deemed to be and constitute delivery on all such co~owners. (b) Notice to the Association shall be deemed to have been properly delivered upon receipt at the address furnished by the Association or to ,the address of its principal place of business. (c) Notice to Developer shall be deemed to have been properly delivered upon receipt at the Developer's address which is 4830 West Kennedy Boulevard, Suite 740, Tampa, Florida 33609. (d) The affidavit of an officer or authorized agent of the Association declaring under penalty of perjury that a notice has been properly mailed to any Owner or Owners to the address or addresses shown on the records of the Association, shall be deemed. conclusive proof of such mailing, whether or not such notices are actually received. 19.9 Development and Construction by Developer. Nothing set forth in this Declaration shall be deemed, either expressly or impliedly, to limit the right of Developer to change, alter or amend its development plan or plans for the Subject Property, or to construct such improvements as Developer deems advisable prior to the completion of the development of all of the Subject Property. Developer reserves the right to alter its development and construction plans and designs as it deems appropriate from time to time; subject, however, to all applicable Governmental Regulations, including, without limitation, those of the City. 19.10 Assiqnment of Developer's Riqhts and Interests. The rights and interests of Developer under this Declaration may be transferred and assigned by Developer to any successor or successors to all or part of Developer's interest in the Subject Property by an express transfer, conveyance or assignment incorporated into any recorded deed or other instrument, as the case may be, transferring, conveying or assigning such rights and interests to such successor. 72 19.11 No Warranties. This Declaration is made for the objects and purposes set forth in Article II of this Declaration and Developer makes no warranties or representations express or implied as to the binding effect or enforceability of all or any portion of the terms and provisions of or the covenants, conditions, restrictions, easements and reservations set forth in this Declaration, or as to the compliance of any of the same with public laws, ordinances and regulations applicable thereto. IN WITNESS WHEREOF Developer has caused this Declaration of Covenants, Conditions and Restrictions to be made and executed as of the day and year first above written. Witnesses :,- RICHLAND TUSCAWILLA, LTD., a Florida limited partnership By: Richland Florida partner Management, corporation, Inc., a general Print Name: By: Print Name: Print Name: Title: (CORPORATE SEAL) 73 STATE OF SS: COUNTY OF The foregoing instrument was acknowledged before me this day of 199_ by I the of Richland Management, Inc., a Florida corporation, on behalf of the corporation as general partner of Richland Tuscawilla, Ltd., a Florida limited partnership. He/She is personally known to me or has produced as identification and who did/did not take an oath. Notary Stamp Signature of Person Taking Acknowledgment Print Name: Title: Notary Public Serial No. (if any) Commission Expires: 74 f' , JOINDER OF MORTGAGEE The undersignedl on behalf of a banking corporation (the "Lender") being the owner and holder of (i) that certain Mortgage and Security Agreement executed by Richland Tuscawillal Ltd'l recorded on 1 in Official Records-_ Book 1 at Page (ii) that certain Collateral Assignment of Leases 1 Rents and Contract Rights executed. by Richland Tuscawillal Ltd'l recorded on 1 in Official Records Book 1 Page and (iii) that certain UCC-1 Financing Statement recorded - in Official Records Book 1 Page 1 all.pf the Public Records of Seminole CountYl Florida. The aforesaid loan documents are collectively referred to in this .Joinder as the "Security Documents." The Lender hereby joins in the execution of the within and foregoing Declaration of Covenantsl Conditionsl Easements and Restrictions for the Reserve at Tuscawilla (the "Declaration") for the express purpose of manifesting its agreement with and consent to the recordation of the Declaration and fo~,the further purpose of subordinatingl and it does hereby subordinate 1 the lien and encumbrance of the Security Documents to each and everyone of the covenantsl conditionsl restrictionsl easements and reservations set forth in the Declaration. IN WITNESS WHEREOFl the Lender has caused these present to be executed by its undersigned officer thereunto duly authorized on this day of 1 1994. 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CENOIES GfFlC1AL RECORDS l3CCi< :'i>, I':W01ESiNVUH roo ,- Gf.N01(S "^I.\ 1E;..'JE lEr~ :.," , CENOl E5 "'1,\ 1m V;\L vI:: D8W1ES FH.E ffT'GHAt'H CEJ~OTE.$ ~Ef 1/2- ,HON 1'.00 PLS 1 1-~2,) ( L,NLESS On1€i~.,...~~-E: tK)lEt) ) ,;, GEN01ES lELEPHO~E !?lsm ,"J CEN01ES mAFFIC $lCN;\L BOX legal Description: Lots 1 Gnd 2, Glock " A", O.R MIfCHELL'S SU:~VE'( CF THE LEVY GRAN r Gccordir19 to the plot Ulereof os rf~corded in Plot [3ook 1, PorJe 5 of tho publir; ;~ecl)rd'3 of OrCnr]f) Ccunty, FloridtJ. o WN ~L~Q_~.:~E LOP E rt R;CHI..NW i1;$C:\N1Ll,\. LIP. ,.... flN: ~"m CI':iH '.V,/J<JNSON ()tiE Ui-<8AN CtNlm 1a~,0 'N. i<EM.W'( BLVD. SUI IE "11-0 fA'I.Pl\, fLORiOA ,.BoO') Contoins 21.152 (Jeres mere or t~S:3. IN GlJiEEf5Lsu f~YJ YOft ,\LlEJ-t--'vtADGW WC.t,EE;W~G, :NC. ,\ r IN: LYNN S(;Iilj'AACl~E.1~ .5670 '.4AGUi;~E f?LVO" SUllE 150 ORLANOO, FlCKID,\ J2aOJ OENOfS P;~CFESS10N,\L LANO 9..i;~VEY()R :~; GENOT'E$lANO SUH\'E'l'ING 8USI~~ESS ",". CE.NOTE~~iCHT OF 1"1/1,,'( LINE 1;E.N01E5 NA1ER L;~E , .Y " DE.N01ES UNGmG~~OI.A~\) PO\\,[:~ " , , ' ENvmONMEN fAL CONSUL rANT: ~{C;~t]At~ ENi,r:HC~.!)fN T,\L CON$tJl mw A flN:N.A ~.. OHG,\N 300 H. 1).R.1-27, 3TE. 211- LCNGNQOD, ftCRIDA 32750 FU (10}) 260-OHa CEO rEHNICAL ENGINEEHS: GEOIECJ1N~C;\L ,5( E.NV,rWf\.M~"jOL Co."iSULfAN1$, INC. .\T IN: BH,(AN T p, \ift.RSH,\U 10.) WEST \'V,\SIWGTO~~ SIREET CRL,\NDO. FlCRtOA -32aOl--2j15 PH (107) nO-1010 ~, ~I ~ o 1= o 5 II) -:;...,....t.J !XL ~ :J GHAPHIC SCALr~ -" CEN01ES lflEPIW~~E U,E ,3' I VARES .- BE.-KiA - .. --- - ----.- ) Z()~JeO ;:l~ I LOT 12 rUSCAWILLA SHOr~ES P.t3. G, pes 93 CELE 1 E.K,OUS CR<1\li:><; V..\ 1 E.,~""L QAU~i</PfAT) TO r.::E :-,:PAOVEO l-f.H (.(OtECHNiO.L n'iD E~-.N,:,C."',(El~O.L CfJt(')/AOlHS. It~C. ;~EPCHT: 55 Wl E.NVd,Ot,MEN fAL SNr\LE (fYP) , . " '~J:f ~~ . ,.' - 1."'0. (,f D! 1Cii 81.'Xl( Ot;CH $\ ~_L G,( f)U(D 15' rVw ro 8E CEGICr\lED- . TO SPJ,;NOLE COlA~ fY NTS ..<>:' ~ CENOtES r)'v'[,~j'UO PO:,El~ UI,E '._ i. DENO lES UGIH POLE ',' CworE3 CONC:,E.1E PO,itER POLE OW01ES ELECm:C 130X IJEN01ES 50" OAK TREE QJ I 5' Is, ~- -) I ....-- -.--- - ~ ........ -- -- .:- '>~. ,'._._. ..1.- ~~~~'-'."1 ------. c__,> '~~ ~<s<<r---- ,,~~~ I</~ SECTION A-A ~"I.\I..... c'I--Crl()~1 ,~, ,-- ~r. .Jr_ ~ t I Nrs :,\ ' -v;... , i Dljl:UJ!_f{LP/V_ '10.00 G:<UI-JP E SECrlUN 1 ( ~", " .' ". ~ '. : .., " "- - '9 ~ " lol" /\) , /? ~. cy, ~' LAKE ,JESSUP .'V....TEH ELE.y,\nON ~ 5.1' mJ OCTe8Ei~ 10. 19')5 \ " ". ''--'~- ~HN'- '" J FER SEMit-lOlE COIAH'( . "'\ \ \ \ --I' -' \ _~~L? lttiQ__~2~i~2S ~___)_ E ~_n OtL - S.';V\~O & ACeE JIJ[~SD,CT10N Llt.jE ElJGE Cf IV" fER Cf LAKE .iESSIJP .\$ st:r,I,1.YED (IN FEll 23, 18']1- ELEVA 11 ON 0.: 1,6' " .~i.-I--'Y~:"7u-::~-~- r'::::: r- K--= ~=-:::-7.=-r=:.:. [.~---:-~=----.::!:. 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"~ I N fER ---..1 - , ~~1 --'0- - SFRINGS f~ Y \ 1l c;r;;;(~ { '::":,J," 7.-r~-.-"~"~ ~<9-' L_i -}- J (;....' err L/\S$EL i3e.;~r~ . - 'J : -, ': ' {'1!'- ' .'j 1 r )... J " '-l" (. '1/ . , -, _:.r '7 - -... ""'.' !J '/I EDt -Y f-J......... ______ . l "/ -', _ ~ :J (1:-', otl-J<;";.~,4Y'''t.- ~l 'j. i Y~T:' . · . . ,6::--- -_ (~. ", . 'rf'"'"., [ ,\\ ~ _ .r::~:-, .." '<-; " ,.. 'f __ ..... ~ . ,'. -.. .. - . .. - " I,. -, ' ^ .f _~ I' / /<<(.-, " .,_-r: ~:~~! ~,~~ \ -~;,." (. , , K ' /'\fi'," :, ~}.' (. -P~J ~___-':}[1I ~4.... [' ,,~- ~O:J!.. r)- -. ";,' .:, J u ;,..--- ~. I ' SLAVIA ~ . .:-{ , rl--e=~~'tJ j~' ~ ~: r; , .' '';' I tn' . , f t !. L -.;, _.l;":~ ; --.~ utp. ," I.....' . , . ~-- ~, ( . - 100 YR FLOOD EUV~10.0 PER FPJ./\ FLOOD MSI.:HMKE HA lE MAP FGR eln' OF N,N1ER SPRlr~GS, COJ.I.iI)NITY PANEL NU'M3E.:~ 12111(0135 E . [JArE AF'Hll 17,1995 - PROPOSED 15' C?JU~,GE ESMT ___ - BOAr DOCI<S ( TYPiCAL) EXIST I~~G CULVE.R T SH,~ L L GE . SILEO AT F IN,\L E.NG't\f.EJ~:NG "'\0 (-<[PLACED PRIOR TO :,O,\QN,W ,MPROVE',1F.:NTS :F t-lEECED, '1lC~l~n f'( ~JJJ\f) N. r.s. GENEH;\L NO r;:$: 1. SECTION -31, TO,'VNSH:P 20S, HANC'E .j1E 2. CtA<:REN T zm.!NG: Pl,;O CljRREJH L\t.;D USE: VACAN T 3. Sl TE CON T '\,NS 21.151: CROSS ACHES ~ 1. F'1~CPOSED CE.VElc.p~E.Nr: S!:-'CLE: FA~,,HLY FESCENTlAL 5. TOT.\L NUIA8E:~ OF P(~CPOSEI) L01$-.31 __ (OAl.AliNI TY DOCK . -~ 6. RES:DENll.'L OEW31T'f - 31 l..r~l1S/21.15 AC. 0: UJ O.l).I"G:~E 1. PRD.JEC1EO SCHOOL ,\CE PCPUL\ nON '-" 0.526 X 31 =:I 11 SEE SHEET 3 FW Ct:oN m,UA nON Of 6- '{'t.'" lIR VA,N /' ';,E.F.: <;hEET 3 FCR CONl~NU,\ r,t)N OF 1- FORCE IJA:N i3. ~.n~;'A\jI,A LOT CE.pn~ "" 15,0 HET \iiN:W.;I,A LOT NiDlH c: 90 FEET 9. Ot..JllDING SE Tl3AC~S: FHON r - 25' , FD,R.. 2')' SlOE-10' (15' FOR $ICE YARDS ;\O,Jr\C-ENT TO smEE TS) ..50. ..--5' ACCESS EASP.1ENT .~ 10. Floro HM.~.RD fOO TIif Al"E.\ IS l0NE ."E. .~~~D WHE 'I. 11, S';!.U~CT PI<:Cf'ERTY is '.hOE.R cwmOL CR C,'tl,tD 13'( APPliCANT. - - OUlfr\LL SH<:UCru:,E L~_(l ~ttQ; ZC)i'IEf) (~~ I D.r~. MI rCHELL'S SUHVEY OF rdE P.F3. 1, pes 5 -- P:~CPl)SEO Lon SfAi:Ot~ C CtJ 20';/20' mAC T I :".-J , . , ~- , .C'4 o P 'i) o LEVY CfN 1Ef~ lit\E , ' I -----~ PHOf'EI~lY Lit.E/RIGHT-Cr-NAY Llt~E PROP, IVr\TER I.O,il~ ~-j .----- 8 ~\','vi --.----- ."" '. ~ ';', ~ l' ------- 1-. F\4 ----- PRGP. FOHCE MM~ z ----13.1~ ----- FHOP. FECU..I!A OV.\' lEH I,AA:N I~--- :,' . PHOP. WA 1El~ SEWI.CE CONNEC11ON , ~R .J< ,....... ,.;" ~"' '. Ii ' , - > .-.:- f',J..-- PR!)P. I3LO.V OFF './)LVE, GAlE VALVE ,5( CHEel< VA.L\E < < =--=---::.-~..::_--_.... ~r~OP. Sf();~'A D;~M~ & IAANHOLE fl.J oJ '1" co ~----- )--.--.> __ ~_ . j 'GJ;,,~ ~''''(~i .v.::~:;. .' .3" 1.8~),~.til. ...Y:~~i~~ ~{. I) - - - - - . ,. - _ _ f.. _ /_ __ _(.J'.I~,iDE, ' --- -. ..- ---. l\CNft L ElEV ^ liON GE rEE'J.J,Ei) '- . _ DU:~,NG FiN,\L EN<JNE.ERNG ~%'~-. ~~ -.r> j -'--." ..-- -\1_,- _ ,fv . 0>~~>>~1.', V '~JEEr EXiST ....w~ ~....~ <-i} V ' <<<):--..~;,)::..~") 1"~AI'E 'V~ _ ....~~ ~')-.t------.--_._-------.....-----'~ - '1: ./l'b '/<_ -"" u ^ <--~~~~'l -=x=..==::~.:.:~;:;: :i' ~ 'I ~' - - -- ..<.'~'.'. - _. ~~<<--"'(~~<@,~~%~~~%:>~-- W~~~'(<<4--~~~d#.-,--- 80lTG',A ELF.\iATlON S\J,\.LL GE DETE.:W,t\EO AT FiN)L ENC,,',H.R,NG, SOILS Lr)JENU: PiWP. SANITARY Sfv\'E.H, ~~ANHOU:: ,5c ClEMWUT ~. -. ~--< PROP. SM~ s:r~GLE SERV1CE C0t\NEC nON PHCP. SAt~ DOUBLE SE.H'ItCE CONNEcnw , .,.,. I - ~,:~~j . d EX1 ST, cr~01JND CON TOIJ"~ 12. TOPOGHr\Plf'( PROV:DEO [)'( r\lLEN..I,-1,\DCEN ENG\NEERING, 13.IVA fER SERVICE Pi{O\1CEO 13'( CI1Y OfNIN1EI~ SPRiNGS. 11-. SANiTARY 5C\'f.R Sf.RW'::C: P:~G'r~Cto 8Y ClfY OF N.tHER $Pi~iN(iS. 15, fa' PLANT;Nt;/SCPU}li'~G fXjf.,1;Wr 1':':~V!(:f.O AlCi.\G 1\>9<A.'PLLA GR1\'E. 16. UTlU1l' EASP/E.Nl') TO BE DfOlCA1EI) TO CHY Gf ,ViNTf.R $PRi~\'G$. 17. or~;\INAGE EASE-MEN fS TO I)E DEDIC'\}EO TO fHE I{OJ.E O'NNEHS r\SSOCrA 11O:~. 13, TI-[RE ,',AlL bE: CON SfJW,\ 1'0N .I$:E,\$ I~ S1J3._:t:CT F'R(fi~ IY, rFEfS WILL BE P(,ESERVED 'M,[f<E POS~GlE. 19. MiN;MUM Fit/ISH FLOCH ELEV,\ 110N SHALL GE 1 a- Al30VE 100 YEAH FLOOD STAGE, 20. BLUE ;,f.FlEGTOi~S S1~.~LL EE 1~S rftLLED ,N we: RO.~O.vAY, PER CITY Sf;\NOAHDS 10 iNDlCA1E fiRE HYD:~ANr lOC,\nC1NS. 21. mmE A:<:E NO D:IST..NG G.\S U~ES. n. HI) SITES F(y,~ PU8LiC (,R NI)N-l>t.il3tJG 1)'S'E ,\;,€ PRC-FO:,W, 2-.t M/\XI\WM BLOG HEIGH r ~ ..,S5 ~EE r (2 ~fCHIC:S). 21-. PHO,.EC T VvlLL OE CONS THUe TED ONE PHA,SE. 25. 1-1.EC:~EA nONAL F.\CUrES IA,\'( BE FHO\'iGEO iN n~F.: F(){<.IJ Of" .\ COPAI.:t\\I'Y OO<:c<. '26. SmEEf,'\, Nm SmEE r 8 fO UE pr~IVAfE rW,'\DS. Sn<EE T A fa EE GA lliO. 21. LMWSCAPING, IREE PL,\N fiND ANI) IR;,IGA r:CN 10 BE pr~ov:c.ED ''''''{iN rhE PLANfNG! SC';U:.EN, E,'~.E'JE.NT., 2;3. CCMPENSr\ mw STORAGE SH,\LL BE P;,OV',CED iN POND. .~,( PRCP. F:\~E ff(1]~NH ') - 8ASiN(''ER AUl) CHRAY F:NE SANOS t.3 -- EUG,\LL,E AND E..'J.~ACi<,\UE FINE SAtiDS 11 ~ !3i~IGHT()N, SA'.4SIJL\ AM) SA~~iUEL 'AUCi<S 28 - PO.t.P.\NO rlt.'E S.\f,O, OCCAS10NftU Y FlOOOED '2.'1. NO Re:CUJllml'{,\ lER is PRCPO'5.ED FOR nilS CEVt::lCPJ8H. f _J FROPOS'ED STC.F~J :t~LET FRCPOSED CA TCH f3A9N SEcnON C-C C""> D1,AjNACE FLO.v Dif,EcnON ','Jr:-r H;:ll:N nON PONO Sr:CnON (<;:'\ .,,;1.;"; --_.- ..~.- ---- --- - ...._-- .--.---------- .-..------------.------- -.---------- SOiLS TWE & DIV:GE /'MTS '.; ..~ I,' .. ..I ..I.l t. . 1~f: 1 E!ll~ON POND m ,\C T 30. 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