HomeMy WebLinkAbout1997 08 11 Consent Item A
, .,
,'------ ..~:;,....
i,
. COMMISSION AGENDA
ITEM
A
REGULAR
CONSENT X
INFORMATIONAL
August 11, 1997
Meeting
MGR~~P~
Authorization
REQUEST: Land Development Division requesting Commission approval for the recordation
of the plat and supplemental covenants, and for the acceptance of the water,
sewer, and reclaimed water system for public ownership, How'e11 Creek Reserve
Phase Three subdivision.
PURPOSE: The purpose of this Agenda Item is to approve recordation of the plat and
supplemental covenants, and to accept the water, sewer, and reclaimed water
system for public ownership and maintenance. The plat and supplemental
covenants to be recorded, and the improvements to be accepted are located in the
Howell Creek Reserve Phase Three subdivision, located north of the abandoned
CSX right-of-way, east of Howell Creek and west of Vista willa Drive in the
Tuscawilla Planned Unit Development.
APPLICABLE CODE:
Code Section 9-75. Final plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan, and
shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. If more than one (1) sheet is
required, a suitable index map showing the entire development with index for the various sheets
shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and preparation of plats.
Special consideration shall be given to the relationship of the proposed plat to existing abutting
plats to prevent unintended overlap or omission of lands.
__:>t,. ~ ,...
August 11, 1997
Consent Agenda Item A
Page 2
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the platting lands
embraced in the plat and to the dedication(s) shown herein; and further, should it become
necessary to foreclose the mortgage covering the property, that all pieces and parcels dedicated to
the public will be excluded from the suit and dedication shall remain in full force and effect.
(5) A dedication to the public by the owners of all roads, streets, alleys, easements
and other rights-of-way, however designated, shown on the plan for perpetual use for all public
purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
(c) A letter from an acceptable abstractor shall certify the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures set
forth in section 9-76 shall be required for all developments within which improvements are to be
dedicated to the public.
Code Section 9-76(b) Maintenance Bond. When requesting to record a plat for
which the improvements have been installed, inspected and approved by the City engineer and
when the City is being asked to accept such improvements, the subdivider shall provide a
maintenance bond payable to the City guaranteeing the performance of required and installed
improvements for two (2) years after the date of completion and acceptance by the City executed
and enforceable in the same manner as the corporate or surety completion bond. The bonds shall
be in the amount often (10) percent of the estimated construction cost of all improvements to be
owned and maintained by the City. As an alternate to the provision of a corporate or surety bond,
the subdivider may provide the deposit of equivalent cash in an escrow account with the City, or a
letter of credit drawn on an approved institution, drawn in a form approved by the city attorney.
J:, _ '~" _,~ .
August 11, 1997
Consent Agenda Item A
Page 3
FINDINGS:
(1) Final Engineering for this project (to be built in phases) was approved by the
City Commission on November 28, 1994.
(2) Howell Creek Reserve Phase One was approved by the City Commission on
April 25, 1995 and Phase Two was approved on July 8, 1996.
(3) Howell Creek Reserve Phase Three has been inspected by the Fire Department,
. the Police Department, and the City Engineer. All found the work to be acceptable.
(4) The City Engineer has approved the estimated construction cost of the
improvements to be accepted by the City at $120,217.02. The ten (10) percent amount for the
bond is $12,021.70. A maintenance bond in that amount has been submitted.
(5) Favorable Commission action on this agenda item will allow the developer to
be issued building permits and certificates of occupancy.
CONCLUSION:
This application for plat and supplemental covenants, and the acceptance of public
facilities has satisfied all applicable law and regulations.
RECOMMENDATION:
The recommendation is that the Commission approve the acceptance of the water,
sewer and reclaimed water systems for public ownership and maintenance, and that the plat and
supplemental covenants be recorded.
ATTACHMENTS:
April 15, 1997
- City Engineer Memo
;:, ., ..~..~~-.
August 11, 1997
Consent Agenda Item A
Page 4
June 4, 1997
- Fire Chief Memo
June 6, 1997
- City Engineer Letter
June 12, 1997
- Operations Bureau Commander Memo
July 31, 1997
- Land Development Coordinator Memo
- Plat
- Certificate of Title
- Maintenance Bond
- Supplemental Covenants
COMMISSION ACTION:
NOTE: Please return the plats to the Land Development Coordinator if you have no
further use for them. These are used to notify the various agencies of the
addresses assigned to this subdivision.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
April 15, 1997
TO:
Land Management Specialist,
Donald LeBlanc
FROM:
City Engineer,
Mark L. Jenkins,
P.E~fJ
SUBJECT: Howell Creek Reserve Phase 3 - Construction Costs for
Maintenance Bond.
I am in receipt of the Engineer's Cert if i ca ti on of Cos t ,
letter dated April 9, 1997, for the Maintenance Bond on those items
conveyed to the City. (copy attached)
His estimate is $120,217.02 and I accept this amount as an
accurate total of cost.
If you have any questions, please let me know.
attachment: engineer's cost letter 4-9-97
cc: Public Works/Utility Director
./
/A
1BO"VrER-S~GLETDN
& ASSOCIATES, INCORPORATED
..
I '
520 Sour... P"hCiNOl'''' AveNUE' OALANOO. FI.OAIOA 32801
407.643.5120 . Fu 407.649.6664
April 9, 1997
File No. TUS1
Mr. Mark Jenkins
City Engineer
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Subject:
Howell Creek Reserve Phase 3
Construction Costs for Maintenance Bond (Revised)
Dear Mr. Jenkins:
The following list represents our opinion of the cost of improvements at Howell Creek Reserve, Phase 3,
to be owned and maintained by the City of Winter Springs.
1.
2.
3.
Sanitary Sewer ...................................... $
Potable Water.......................................
Reuse................................................... .
47,510.55
44,006.10
28.700.37
Total...................................................... $ 120,217.02'
If you have any questions or need additional information, please contact our office.
~
Reinardo Malave, P.E.
Director of Land Development Services
Florida Registration No. 31588
RM:BAR:car
TUS1\TUS1hcr3
Enclosures
WINTER SPRINGS
FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS, FLORIDA 32708
TELEPHONE (407) 327-2332
FAX (407) 327-8514
MEMORANDUM
To: Donald LeBlanc, Land Management Specialist, //~
From: Timothy J. Lal/athin, Fire Chief ---.J~ I ~
Date: June 4, 1997
Subject: Hydrant Inspection/Acceptance Howell Creek Reserve
Phase 3
The fire hydrants in the above referenced development have been inspected and meet
City requirements. Inspection results are attached, and no additional inspections will be
required by the Fire Department.
cc: Kipton Lockcuff, Utility Director, . .....
David O'Brien, Deputy Fire Chief
Attachments
,
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
,June
t:. ~ ,... .", ..,
.J, .l.;:l ':;7 ,
Reina~do M~lave, ~.~.
3cwyer-3:ngleton 5 Associates
520 South Ma;~c:ia Ave.
Orlando, FL 328Gl
RE: Howell Creek Reserve, Phase 3 - "As-built" Re-inspection
D-=~r
~'::>" .
.'-1 .
An "as-built" site re-inspE:c'c.ion
:9=7. ~ll outst~~di~g punch-list items
'"as gerformed on June
have been cle~red.
2 ,
The subject site is found to have been constructed in general
confcrrlla:!ce to the ~pprotJed en.;:ir:eeri~g 9:a:1S
accepted. This engineering acceptance cove=s
ite~s, includi~g water, 3e~er and ~eus~ li~e5.
a:1C is therefore
all infrast~uc'c.ure
It is ~ecommended that this ?~oject be forwarded to the City
~anage= fa: ~is submittal to the Co~~ission ~~= of~icial a~p~oval.
If yeu have any questicns, ?leas8 ~ive ~e a call at 327-3397.
Thank y~u,.
~Si~;:C:dJ ~
Ma~k L. Jenkins, P.E.
City Engi.neer
~: ~ :
VLand Develc9~e~
? ubi i r: \-10 l:' k:3 / u t
::\ e i:,. 3. rd. a ~~a 1 3. \,. == f
S?eci3.list
lity 8ir-:r::::'0::-
.. .J..-., ~A:(~ r3~9-3:35':;
S:..l:-: 5ir.2:5 I :2(: I 53:-7'237
TO: Don LeBlanc, Land Management Specialist
FROM: Glenn Tolleson, Operations Bureau commander~
DATE: June 12, 1997
SUBJ: Staff Review for Stone Gable, and Howell Creek Reserve
PhaseIII.
I have received the memo and inspected both Stone Gable, Howell
Creek Reserve Phase III, and have the following comments;
Stone Gable PUD;
1. I have no other comments at this time.
Howell Creek Reserve Phase III.
1. I have no other comments at this time.
July 31, 1997
To:
Frank Kruppenbacher, City Attorney V.,
.~
Don LeBlanc, Land Development Coordinator
From:
Re:
Acceptance of Improvements, Platting and Supplemental Covenants
Howell Creek Reserve Phase Three
Attached for your legal review are the following:
1) Plat - Staff has found this plat to be acceptable
2) Certificate of Title - this appears to be acceptable contingent upon your review and the
taxes have been paid through 1996
3) Maintenance Bond - the City Engineer has approved the amount of the bond (see
attached City Engineer memo date April 15, 1997. I called the Florida Insurance Hot
Line (spoke to Lorna) on this date and was told that Great American Insurance
Company has been licensed in Florida since 1944 and are meeting all licensing
requirements.
4) Supplemental Covenants - these appear to be acceptable contingent upon your review
This will be a Commission Agenda item on August 11, 1997.
FIDELITY TITLE & GUARANTY CO.
~
0<>
ESTABLISHED 1883
A wholly owned subsidiary of First American Title lnsurance Company
CERTIFICATE OF TITLE INFORl\1A TION FOR THE FILING
OF A SUBDIVISION PLAT IN
SEMINOLE COUNTY
FILE NO. 97.01480
A search of the Public Records of Seminole County, Florida, through April 25, 1997 at 5:00 p.m.
reveals the following with respect to the legal description of the property set out on the subdivision plat
of Howell Creek Reserve Phase Three (not yet recorded), said legal description attached hereto as
Exhibit A and made a part hereof:
A. The last deed of record was dated September 9, 1993 and filed September 13, 1993 in
Official Records Book 2645, Page 1627, Public Records of Seminole County, Florida.
B. The record title holder is INTOMM, INC., a Delaware Corporation.
C. The name(s) of the record title holder coincides with the name(s) shown as owner(s) on
the unrecorded plat of Howell Creek Reserve Phase Three.
D. Unsatisfied mortgages or liens encumbering said property are as follows:
1. That certain Mortgage executed by Intomm, Inc., a Delaware Corporation, in
favor of First Union National Bank of Florida dated September 9, 1993 and filed
September 13, 1993 in Official Records Book 2645, Page 1677 in the original
principal amount of $2,240,000.00; together wit...l-t : Assignrnent of Leases, Rents
and Profits filed in Official Records Book 2645, Page 1708; UCC-Financing
Statement filed in Official Records Book 2645, Page 1718; Notice of Future
Advance and Modification of Note and Mortgage filed December 23, 1994 in
Official Records Book 2863, Page 42, Public Records of Seminole County,
Florida.
2. That certain Mortgage executed by Intomm, Inc., a Delaware Corporation, in
favor of First Union National Bank of Florida dated December 19, 1994 and filed
December 23, 1994 in Official Records Book 2863, Page 68 in the original
principal amount of $160,000.00; together with: Assignment of Leases, Rents and
Profits filed in Official Records Book 2863, Page 98; UCC-Financing Statement
filed in Official Records Book 2863, Page 107, Public Records of Seminole
County, Florida.
2233 LEE ROAD SUITE 101 WINTER PARK, FL 32789-1883 PHONE: (407) 740-7131 FAX: (407) 740.6275
E. Conflicting rights of way, easements or plats affecting said property are as follows:
1. Conservation Easement in favor of the St. Johns River Water Management
District filed December 23, 1994 in Official Records Book 2863, Page 50, Public
Records of Seminole County, Florida.
2. Grant of Temporary Easement filed July 12, 1996 in Official Records Book 3099,
Page 1158, Public Records of Seminole County, Florida.
..'
3. Grant of Temporary Ease.ment filed July 12,1996 in Official Records Book 3099,
Page 1164, Public Records of Seminole County, Florida.
F. Other information regarding said property includes:
1. Memorandum of Contract by and between George Wimpey of Florida, Inc., and
Intomm, Inc., a Delaware Corporation, dated April 24, 1995 and filed May 1,
1995 in Official Records Book 2909, Page 1687, Public Records of Seminole
County, Florida.
2. Cable Television Installation and Service Agreement Direct Entry filed November
16, 1995 in Official Records Book 2989, Page 729, Public Records of Seminole
County, Florida.
3. Declaration of Conditions, Covenants, Easements and Restrictions for Howell
Creek Reserve Community Association, Inc., filed April 25, 1995 in Official
Records Book 2907, Page 1556, which provides for inclusion of additional
properties, Public Records of Seminole County, Florida.
4. Memorandum of Post Closing Survival Agreement by and between Robert A.
Yeager, Trustee and Intomm, Inc., a Delaware Corporation dated September 9,
1993 and filed September 13, 1993 in Official Records Book 2645, Page 1665;
First Amendment to Post-Closing Survival Agreement filed May 1, 1995 in
Official Records Book 2909, Page 1668, Public Records of Seminole County,
Florida.
5. Developer's Agreement filed July 18, 1996 in Official Records Book 3102, Page
1272, Public Records of Seminole County, Florida.
G. Ad valorem taxes on said property are paid through 1996.
CERTIFICATE OF TITLE INFORMATION FOR THE FILING
OF A SUBDIVISION PLAT IN UNINCORPORATED SEMINOLE COUNTY
This certificate is made for the purpose of furnishing the infonnation required for the filing of
the above referenced subdivision plat in accordance with the provisions of Chapter 177.041 of the
Florida Statutes and the requirements of the Seminole County Land Development Code. It has been
prepared expressly for the appropriate governing body as defined by Chapter 177.071 (FS) and it is not
to be relied upon by any other group or person for any other purpose.
FIDELITY TITLE AND GUARANTY CO.
~-
j
. j,/
By. . /jJ
Larry P. Deal, ~.rce Pr~l?ent
9701480'Plt/~CS
Proofed by
EXHIBIT "A"
COt.4MENCE. AT THE NORTHEAST CORNER.OF.THE.SECTION a, TOWNSHIP
21 . SOUTH, RANGE ~1 EAST, RUN SOO-Z.4'5S"'E, ALONG THE EAST
LINE' OF SAID SECTION a, A.DISTAN.C.E.. OF' ZOS.56 FEET TO THE
NORTHERLY RIGHT-o.F-WAY LINE OF. THE... LAKE. .CHARM BRANCH OF THE
SEABOARD. COAST LINE RA I LROAD '. (.1.00' : R/W l , THENCE. RUN
'N54-J4'S7"'W, 'ALONG 'SAID .NCRTHERLY. RIGHT-OF-WAY LINE, A
. DISTANCE . OF .29:5.14 FEET TO.A POINT, ON.. A CURVE, CONCAVE
I SOUTHWESTERLY, HAV I NG A. CENTRAL. ANGLE OF.' 24 - 44' 1 o. AND A
I RADIUS: OF 19S9..19 FEET AND A..CHORD':BEARING OF ~66-56'09.W,
ITHENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND
SAID, NORTHERLY RIGHT-OF-WAY LINE,.'A DISTANCE OF a4S.83 FEET
I TO THE POINT OF TANGENCY; THENC~RUN' N79~.1a'14"'W, ALONG SAID
I NORTHERLY: ,RIGHT-OF-WAY LINE, A DISTANCE~OF 691.26 FEET TO
jTHE:' POINT' OF CURVATURE OF A ,CURVE; CONCAVE SOUTHWESTERLY,
HAVING 'A CENTRAL ANCLE OF 11-46'38. AND A RADIUS OF 2612.09
; FEET, ..:THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
'.AND . SAID, NORTHERLY RIGHT-OF-WAY LINE'" A DISTANCE OF S36.92
FEET': ,'TC:',::THE' POINT OF, TANGENCY, THENCE.RUN saa-55'OS"'W, A
DISTANCE::. OF:,.:.1916.07 FEET,. THENCEDEPARTING,SAID NORTHERLY
RIGHT:-OF-WAY LINE, RUN N01-04'S2"'W~ A DISTANCE OF 420.00
FEET .TO 'A POINr ON THE NORTH LINE'OF HOWELL CREEK RESERVE
PHASE TWO, AS RECORDED IN PLAT BOOK 50, PAGES.B2-B4,.PUBLIC
REC6RDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT ALSO BEING
THE POINT OF BEGINNING: THENCE RUN THE FaLLOWING COURSES
lAND DISTANCES ALONG SAI~'NORTHLINE,: THENCE saa-55'OS"'W, A
'DISTANCE OF 234.69 FEET TO THE POINT OF CURVATURE OF A
iCURVE, CONCAVE 'SOUTHERLY, HAVING A CENTRAL ANGLE OF
21-S4'S1"'ANO A RADIUS, OF ,15.00 FEET, THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
26.69 FEET, ,THENCE DEPARTING SAID'CURVE, RUN NJ6-1J'S8"'W, A
DISTANCE OF 46.37 FEET, THENCE NOO-07'21"'E, A DISTANCE OF
150.00 FEET, THENCE N19-51'3a.w, A DISTANCE OF 58.52 FEET,
THENCE N69-S2'39.W, A DISTANCE OF :590.00 FEET, THENCE
SOO-01'21"'W, A DISTANCE OF 125.00 FEET, .THENCE SB9-S2'J9"'E,
A DISTANCE OF 50.00 FEET, THENCE SOO-01'21 "''II', A DISTANCE OF
230.09'FEET, THENCE sa8-55'08"'W, A DISTANCE OF 305.64 FEET,
THENCE N71-16'43"'W, A DISTANCE OF 36.11 FEET, THENCE
NOO-01'21 "'E,' A DISTANCE OF 150.00 FEETJ THENCE N89-S2'39"'W,
A DISTANCE OF 120.00 FEETJ THENCE NOO.07'21"'E, A DISTANCE OF
9.48 FEET,. THENCE Na9-52':59"'W, A DISTANCE OF 110.00 FEET,
THENCE' NOO-07'21.E, A DISTANCE OF 14.28 FEET, THENCE
N89-SZ'39"'W, A DISTANCE OF 147.99 FEET, THENCE DEPARTING
SAID NORTH LINE, RUN NZZ-11'51"'E, A DISTANCE OF 38.66 FEET;
THENCE N20.Z1'17"'E, A DISTANCE OF 48.10 FEET, THENCE
N29-~~'40"'E, A DISTANCE OF 73.15 FEE~, THENCE NZS-01'J9.W, A
DISTANCE OF 128.62 FEET, THENCE N01-48'S7"'E, A DISTANCE OF
21.16, FEET. THENCE N10-2S'12.W, A DISTANCE OF 95.17 FEET,
THENCE N31-S9'02"'W" A DISTANCE. OF 2B.23 FEET, THENCE
N09-s4'40"'E,' A DISTANCE OF 68.73 FEET, THENCE NOO-ZS'27.W, A
DISTANCE... OF 60.:59 FEET; THE.NCE NBS-23'37"'E, A DISTANCE OF
63.06 FEET; THENCE S41-S7'00"'E, A DISTANCE OF 33.78 FEET,
THENCE SOO-30'03"'E, A DISTANCE OF 4S.49 FEET, THENCE
S2S-4S'14.E, A DISTANCE OF 33.64 FEET, THENCE S46-ZZ'S3"'E, A
DISTA~CE OF 24.67 FEET, THENCE S84-S8'21"'E, A DISTANCE OF
22.18 FEET, THENCE N~1-21'S4.E, A DISTANCE OF 32.66 FEET,
THENCE N37-46'OS"'E, A DISTANCE OF 37.96 FEET, THENCE
NOS-2Z'54"'W, A DISTANCE OF ZO.50 FEET; THENCE N49-14'40"'W, A
DI~TANCE O~ 86.7~ FEET, THENC~ S89-S?'39"'E, A DIS~ANCE OF
14Zs.59 F~-1OI-~;O A POINT ON THE WEST Lr'Ne OF THE
AFOREMENTIONED HOWELL CREEK RESERVE PHASE ONE, THENCE RUN
THE FOLLOWING COURSES AND DISTANCES ALONG SAID WEST LINE,
THENCE soo-oi'21.W, A DISTANCE OF Z15.00 FEET, THENCE
N89-S2'39.W, A DISTANCE OF 35.00 FEET, THENCE SOO.07'21.W, A
DISTANCE OF 316.41 FEET TO THE POINT OF BEGINNING.
SUBDIVISION AND SITE PLAN
Bond U309877
MAINTENANCE BOND FOR WATER, SEWER AND RECLAIMED WATER F ACITJTIES
KNOW ALL 'MEN BY THESE PRESENTS:
That we, INTOMM Inc. dba Florida Residential Communities , a Delaware
Corporation authorized to conduct business in the State of Florida I whose address is 101
Wymore Road, Suite 400. Altamonte Springs. Florida 32714 , hereinafter referred to as
"PRINCIPAL", and Great American Insurance Company, whose address is 580 Walnut Street,
Cinncinnati, Ohio, 45202, hereinafter referred to as "SURETY", are held and firmly bound unto The
City of Winter Springs, a political subdivision of the State of Florida, whose address is 1126 East
State Road 434, Winter Springs, Florida 32708, hereinafter referred to as the "CITY", in the sum of
TWELVE THOUSAND TWENTY-ONE AND 70/100 DOLLARS ($12,021.70) for the payment of
which we bind ourselves and our heirs, executors, successors and assigns, jointly and severally, firmly
by these presents: .
WHEREAS, PRINCIPAL has constructed certain improvements, including water, sewer and
reclaimed water facilities and other appurtenances in that certain subdiVision described as HOWELL
CREEK RESERVE PHASE THREE , a plat of which is recorded in Plat Book I Pages
through , Public Records of Seminole County , Florida; and
WHEREAS, the aforesaid improvements were made pursuant to certain plans and
specifications dated November 28. 1994 , and filed with the "CITY"; and
WHEREAs, PRINCIPAL is obligated to protect the "CITY' against any defects resulting
from faulty materials or workmanship of said improvements and to maintain said improvements for a
period of two (2) years from , 19
NOW, THEREFORE, the condition of this obligation is such that if PRINCIPAL shall
promptly and faithfully protect the "CITY' against any defects resulting from faulty materials or
workmanship of the aforesaid improvements and maintain said improvements for a period of two (2)
years from , 19 , then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
The "CITY' shall notifY the PRINCIPAL in writing of any defect for which the PRINCIPAL is
responsible and shall specify in said notice a reasonable period of time within which PRINCIPAL shall
have to correct said defect.
The SURETY unconditionally covenants and agrees that if the PRINCIPAL fails to perform,
within the time specified, the SURETY, upon thirty (30) days written notice from the "CITY', or its
authorized agent or officer, of the default will forthwith correct such defect or defects and pay the cost
thereof, including, but not limited to, engineering, legal and contingent cost. Should the SURETY fail
or refuse to correct said defects, the "CITY', in view of the public interest, health, safety, welfare and
factors involved, and the consideration in approving and filing the said plat, shall have the right to
resort to any and all legal remedies against the PRINCIPAL and SURETY and either, both at law and
in equity, including specifically, specific performance to which the PRINCIPAL and SURETY
unconditionally agree.
The PRINCIPAL and SURETY further jointly and severally agree that the "CITY", at its
option, shall have the right to correct said defects resulting from faulty materials or workmanship, or,
pursuant to public advertisement and receipt of bids, cause to be corrected any defects or said defects
in case the PRINCIPAL shall fail or refuse to do so, and in the event the "CITY' should exercise and
give effect to such right, the PRINCIPAL and the SURETY shall be jointly and severally obligated
hereunder to reimburse the "CITY' the total cost thereof, including, but not limited to, engineering,
legal and contingent cost, together with any damages either direct or consequent which may be
sustained on account of the failure of the PRINCIPAL to correct said defects.
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have executed these presents
this 9th day of May , 19~.
Address:
101 Wymore Road, Suite 400
Altamonte Springs, FL 32714
ATTEST:
Address:
580 Walnut Street
Cincinnati, OH 45202
By:
ATTEST:
By:
Its: President
~
.,.~
leanor Scuden
,j~ Its
I
Secretary
Great American Insurance Company
~~S7it~
Donald B. Boone, Licensed Resident Agent and
Attorney-in-Fact
(SEAL)
'\~ ~.;~ ~'l~
Trenace Diane Clement
'/1
1MIIY!'1ICJ ~~
. FItOIIT .:JIJ'
. RENt If/JD'
SlDEf# .
SID6 ...._
CJD/fNIEIf' ~
.;..' ~:
. '.: ' J
,.'
L .
I.'
I.,,:;.
I
I'
t.
I
I
L
r
I
I
I
"',<' .
, ""'
;. ~ '
l
HO\VELL . RESERVEPHA8E
8ECI1, ON.,S.TOWN8IIIP ~8OtJI1I.'BA1mB":81BA8T~
. .
arr' OF WJNTBIl 8P1UNG8, 8DtINOLE muN'lY.ILOIIIIM...,
'.~
..
r
I
I
.
I
I
I'
I.
I
t
I
I
I
I
I
I
I
I
f
,t
,;.
, :
1K1r1CE., THERE Ilk BE NJDITIONAL ItESTRlCtIONSTHAT ARE,' NOr REfXJRDBD
ON Tlt/S. PLAT THAT Ilk BE FWND IN THE NBUC R(OORDS OF' THIS OOUJITY_
.
:..
.'
" :.
..
"
'~~-'':'''j~.''",,~,
r
d' LEGAL DESCRIPTION .
CQYE 'J AT THE NORTHE~ST CORNEROF' THE SECTION 8, TOWNSHIP
21 SOU" RANGE 31 EAST, RUN SOO-24'5S-!, ALONG THE EAST
LINE OF;" SAIP SECTION 8, A DISTAN~ OF 205.56 FEET TO THE
NORTHERL., RIGHT-oF-WAY LINE OF THE LAKE CHARM BRANCH OF THE
SEABOARD COAST ,LINE R~ILROAD (100' R/w), THENCE RUN
N54~~"'S"-W, ALONG SAID NORTHERLY RIGHT-oF-WAY LINE, A
DtSTAN:COF 293_14 FEET TO A POINT ON A CURVE, ~CAVE
SOUTHWE RLY, HAVINC A CENTRAL ANGLE OF 24-44'10- AND A
RADIUS ,1959.19 FEET AND A CHORD BEARING OF NSS-Sa'OI-.,
THENCE hUN NORTHWESTERLY ALUHG THE ARC OF SAID CURVE AND
SAID NOhTHERLY RIGHT-oF-WAY LINE, A DISTANCE OF 845.13 FEET
TO THE PbINTOF TANGENCY, THENCE RUN N19-,.'14-., ALONG SAID
NORTHERLY RIGHT-oF-WAY LINE, A DISTANCE OF 691.26 FEET TO
THE POl' T OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY,
HAVING' CENTRAL ANGLE OF 11-46'38- AND A RADIUS OF 2612.09
FEET, ENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND $AI HORTHERL.Y RIGHT-OF-WAY LINE, A DISTANCE OF 536.92
FEET Ta~ THE POINT OF TANGENCY, THENCE RUN S88-S5'OS-W, A
DISTANCE OF 1916.07 FEET, THENCE DEPARTING SAID NORTHERLY
RrGHT-aF-WAY LINE, RUN N01-04'52-W, A DISTANCE OF ~20.00
FEET T A POINT ON THE NoRTH LINE OF HOWELL CREEK RESERVE
PHASE AS RECORDED IN'PLAT BOOK 50, PAGES 82-84, PUBLIC
RECORQS SEMINOLE COUNTY, FLORIDA, SAID POINT ALSO BEING
THE PO T OF BEGINNING. THENCE RUN THE FOLLOWI"G COURSES
AND Dl \ANCES ALONG SAlj NORTH LINE, THENCE 588-55'0.-., A
OISTANC\ OF 234.69 FEET TO THE POINT OF CURVATURE OF A
CURVE, t( CONCAVE SOUTHERLY, HAVING A CENTRAL ANGLE OF
21.541'5;1:'" AND A RADIUS OF TS.OO FEET, THENCE RUN
SOUTtI_S RLY ALC>>4G THE ARC 'OF SAID CURVE, A DISTANCE OF
..... F _ ;QQ~UiCi MJJ)...Q.Y.ftL, ....dQI1I'~.~~.!.~-.-LUf1"rh. , '
DIsTANCE.. OF 046_37 FEET, THENCE NOO-07'21-E, A DI$7~.--eFH"", ,"~~ '-:__ ,w,_., ,
150.00 FEET, THENCE N1..51"8-W, A DISTANCE OF 58.52 FEET, . "." .~
THENCE ,H8'-52'3'-., 'A DISTANCE OF 390.00 FEET, . THENCE'
500-01'21-., 'A DISTANCE OF 12S.00 FEET, THENCE 589-52'39-E,
A DISTANCE OF 50.00 FEET, THENCE SOO-OT'21-., A DISTANCE OF
.230.09 FEET, THENCE 58'-55'0'-., A DISTANCE OF 305.84 FEET,
THENCE N11-16'43-W, A DISTANCE OF S8.11 FEET, THENCE
. NOO-Ol'21-E, A,pISTANCE OF 150.00 FEET, THENCE N89-S2"'-.,
A DISTANCE OF 120.00 FEET" THENCE NOO.OT'21-E, A DISTANCE OF
'.48 FEET, THENCE.N89-S2"9-., A DISTANCE OF 1TO_00 FEET,
THENCE NOO.OT'21-E, A DISTANCE OF 14.28 FEET, THENCE
N89-52'S'-W, A DISTANCE OF 14T." FEET,. THENCE OEPARTING
SAID NORTH LINE, RUN N2Z-11'51-E, A DISTANCEDF 'S.68 FEET,
THENCE N20-21' 11-E, A. DISTANCE OF 48.10 FEET, THENCE
N29-39'40-E, A DISTANCE OF 1'.15 FEET, THENCE N26-01"'-., A
DISTANCE OF 128.62 FEET, THENCE N01-48'51-E, A DISTANCE OF
21.16 FEET, THENCE N70-25'12.W,A DISTANCE OF 95.11 FEET,
THENCE N31-59'02-W, A DISTANCE OF 28.23 FEET, THENCE
N09-S4'40-E, A DISTANCE OF 68.13 FEET, THENCE NOO.2&'27-W, A
DISTANCE OF 60.39 FEET, THENCE N'5-23'31~, A DISTANCE OF
63.06 'FEET, THENCE S41-51'00-E, A DISTANCE OF 33.18 FEET.
THENCE SOO-SO'O'-&:, A DISTANCE OF. 45.4' FEET, THENCE
S26-41"4-E, A DISTANCE OF S3.64 FEET, THENCE 546-22'53-E, A
DISTANCE OF 24.87 FEET, THENCE 584-.8'21-E, A DIS1ANCE OF
22.18 FEET, THENCE NI1-Z1'54-E, A DISTANCE OF 32.66 FEET,
THENCE NS1.~6'0I-E, A DISTANCE OF S7.'& FEET, THENCE
NOS-22'S"-., A DISTANCE OF 20.50 FEET, THENCE N~9.'~'~0-., A
DISTANCE OF, 86.72 FEET, THENCE 589-52'S'-E, A DISTANCE OF
1425." FE~T 70 A POINT ON THE WEST LINE OF THE
AFOREMENT I OHED HQWELL CREEK RESERVE PHASE ONE, THENCE RUN
THE FQL.LOWINO COURSES AND D,ISTAMCES ALONG SAID WEST lINE.
THENCE 500-07'21-., A DIST.~~. OF 215.00 FEET, THENCE
N89.52' "-., A DISTANCE OF 35.'00 FEET; THENCE 500-07' 21-., A
DISTANCE OF ,t6.41 FEET TO THE POINT OF SECINNINO.
'. A..... :'.~.'..,.-.-.....-..-. -- ..---..
II
SfonM'GnclNOt~ In ftw pr'uenoe ,oil
I
I,
,
..__.W._F._>>___.__.___~._.__.___..~__
>.
, .
, .
.-.~.--_.~.-..__..-..--~---_._--_.__.
t,.
-~
. .
'TATE 4F. ....-..---~.. COUNTY OF. .-.-------.-~.-
,v
~c
N
m'ls 15 to cEM I F'Y. that on I I. befor. _. '" .
..n~'ClUt1 authorIzed 'to +CIk. octuIOWl~.'n ..,.. st... : .
did CcUity cH'or'MOTd. ,.,-.onofll ~ed':,.. ,. , .
OI\cIi.' >'
t~I""ly '. ~Pr"'"", Clr\d 1; .. .
o~ ttW ....''**' COi"'por"otlon. f~otM ~ +.. (ow. .
Of ~~. 91' Florf<SCi . Who dId nM ~ on' ~ Gf'ld_ ere
"'-"011)< known by . to be the IftClhfduQ', 4M.ofll.,-.
.....fbeCI In 0I\cI Who .x~ed the foreoolno OHfoGt'" Cl\"ld :
....,.,.o'IJ:~ ~ledQed the .....u+fOl'l ttw'eof to. tblttr:f,.... ~ .
GOt CInd -.a ,. auch offfo.-. ther"",+o Atfy ~thorl~. ffiot.
t~ offfcfOI MOl of eof6 J*"POI"Gt'OI'l f. <Jut, Offf)tM . .
thr.... OneS that th4t *lId O~fOGtfCll'l f..~ QiOt'brtd -.o,of :
80'0 ~(ltfon. lt~ wnt€Ss MftiOF. I hc)ve '*'~o '.... ... .
hclnf' ~ Mol on t.... above ~.
I
I
I
.
I
I
I
I
I
.
..., ...-r
.......
NDTAky.;uetic--.--..-....h
, ,
I
I
I
,
t
1
I )
I
I
I
1
I
I
, .
I
I
I .
I
I
I ..
I
I
I
~ ~,..fon,E~Ir....-----.--..----_.-
~
.~
~
~
.. . . I' ~:
0It
:' I ,.... .
~Wj.."".;""~,.:_~...j:
. .
IlNOwN ~l'liIE~ IV THESE PRESENTS. That the ~I~. btI'~
Q " fOll"lHd ones r~,.tered lonc1 ~or. dON her'IbY certIfy
.thOt 'On he OOllf'I.ttv.lt". ~ of +tie .' "
toncl. (Mt.1Ihown In the 1'or-oo'1'IO plot (;r' pi.... ttiQt ~fd 'pl0+
.r. 0 OON'.ot ~...ntotfon of the land. t....'h ....,be.,
_ Plilt1',o or aUwlvroecs. '+hot ,.,.~ ....,.,.... ' .
. '':'~~'J.i'~n'~l~''.. .~. ther..'O',,.....~..lt..
. Chapter U1'. F..,.,cSO Jtotuf'... arid 'hO+ '~fO raNI .erOcottcS
In $MInol. CCU'lty. F'lor-'da.' . '
Qotech
,sranoture. ....--..-.....-------0--
F' 0. RtI;. No. .
THIS IS to CEATlF'Y.' Thot 'on the ofOi"eOofnoPI ot vo.
appr'CMMJ by the Win.... SP,r"lnoi CIty C~II of SeltTno16'
~tw. F'i'or'do..
Mayor"
l
~
l~
~
FS
~
~,
~
I
I
I.
.
I
JOINDER AND CONSENT TO DEDICATION
Atteet...---...-...----...--..
City Clerk
The l.f'lder"~ hereby oer-tlff.. thot It ,. the helder _f 0
morti)OOe. I 'en or O'ther encunbrono. upon the Clbo-. -.or-t,*,
property. ones +hOt t.... Ul'IW.fQMC$ Mr'eb1 Jo'na In on4 ~. to . .'
the GedICGtlon 01' t.... landa dNCr"becl C1bove by the """" ther"'. .
and aQl"'" thot It. ......+4QOe. llert or other ~CIt'lOe. whIch J.
reoorGecl In 01'flclat tt4lOOt"~ look 2&45. Pooe "71 ~ OfffotQI leoorcs.
Book 286'. Pooe 68. of the P\A>lIo Record8 of seminOl. C~~. ':1..,..
Ilhall btt aeord'notecs to .,.. obctv. deGlcotron.'. .
FIRST UNION NATIONAl.. 8A* Of FLORIDA
",- .
.. ' .ow............
. a... ,. 1W: (.w-..a- CIld.'l'.
I ifElEI' ctfttlFY.. J'hot I hew. .~In.d'-for.oolne pt(lt ~
1tftd. +hot. It 00IIf>"... In. fOt"1ft"'th oil the .....',..-nt. of
~t... 1 n. F'0I"14o Sto+v+... and. flied "or ".4 on
\ __.~;';"_ .,. __.... _ _... _ __ _ _ __ ~f,I,. NO.._ "'" _....._......~
. :--
.. .. . I I . .
.
I,
~
I
By............~.............................~............~.
Sf",*,. MOl" onct ..her:1CI In t" pt'MtnQI 9f1
.................,............
CONTAINING 16.016 ACRES, MORE OR LESS.
wr t......
~ '..,"",'
e>"':~'
I
j
~,.
$+ot. '01 fler'.
, County of ~..~........
'.
<
"
c,
"
<!
::r, ':
\-.- ,
r
I:
f
L .
'"
f
(
"
'-
"",,' ~ ',' .
. .
HOWELL CREEK RESERVE.PHASE~E.
SECTION 5 t TOWNSIDP 21 SOUl1tRANGE 31,^"i '
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,.fI,.QlUDA
NB39'<<1E
73J5'
N2f12J'rrE --....
4810'
N220'SfE ~
38M " /47 S9' .. "r" 8IJ(1
1S52.' "-gw OOlX)' :
, / ~ It, I. -- '*' If' : NlB52' 39'W.
" Q S I CJ I.. 1 1
I h ~' h J:o' ~~ · /H 1
I f'i I :t', ~O" ~~ · \fJ
... ~f I ,.~~:? S~ ~ t...........S ~~ ~
. 8J 0)
. I
~._._-----_..
I
I
.
I
..
I
~
~
.
B
I
,
.
...
I
o
i
S4I'S1WE ~=
J>>8'
N8S2Y~
i ~ 6lD1
~
'IIO!1Sf'4(fEg,
~
1Kr4tJ'5rE~ .
2/)6' .
J;;a
usoaates
___""CD
.. .. ..~ "'''I.-=:
":f.r".r...:'i~. .'
,.:~' .' , ,
-
.
E~
!\IJ
~f8
~~
III . ~
i ~
a
9i
~I
~~
~ I
~....
. , . . ,<, -- j~:l:~
.'. '., .' .it~!,
.', :'l.'~"'" '~f:
.; \,;: '.' :.~ Jf.'~.1
.... ~ - -' . ~
.. .""e.: ):~~"~:;?t
. :'{:j1~
.'.....t".
'V'"- ':.....'..,.;._'.....,.'
.t.e' .
~. -'. 'j
NOTICE, THERE MAY BE A/JDfTIONAL RESf'RlCrIONS THAT ME IItJr REa:JifDED
ON THIS PLAT THAT MAY BE FOOND IN THE PUBLIC.RECOItD$ OF THIS
,,1.
""'.1~'
. "., ': > ,~,.:~f ,
":1
"1'
:t'
;',A
L
, ,",".'
" , " '",.t
'.'<iL
',':
..J
. !
J
c :i
'.;'J
.
. I
,
f.
.
I
..
I
I
. f" i
it:
I
, I
J
I.
I
.
I
,
1
,
I
. (
'f
I
I
,
I
''I,
f
,
" I
. ..
I
',.
I
._1,
t
,
I
.
~ ~
t
" J
.
'1
I
,I
,
f.
I
I
, .
i
I
t
,,'
1
.
I
.
I
I
I
I
J
,
I
.
1
I
,I
,
I
.
I
,
1
.
I
,
I
, .
'I
.
. ,:,
I
i
t
1
,
I
:1
<:1
':l
f..,
. "..j
.,'."
\l
:. ..
. >.,
.~ ",:
.~<;:/
q:5\'~~'
"'t'
.:-\
, .:,.....
.~. :(;-tt
.TIJ$IpPf?jJ"t.' ~ "'"l:"'~>;
, ~ i' ~ -!..., ~" ;J ,~;,,__;..t!---J"f:;...:'":'~;:':l:<
". ,><::: '.~;:~'.'~';,;f'~,,;~ . :i~::yf'~~~;;:.4ri.,h
".
NOrES
1.
2.
3.
...
5.
6.
o DENOTES P.R.M. C"X" C.M.) P.L.S. NO. 3"21.
o DENOTES P.C.P. P.L.S. NO. 3"21. .
. DENOTES CHANGE IN DJRECTION NOT PERMANENTLY STAkED.
RAD. -.DENOTES RADIAL LINES.
N. R. - DENOTES NON-RADIAL LINES.
BEARING STRUCTURE IS BASED ON THE EAST LJNE OF THE SE 1/4
OF SEC. 23-25-26, BEJNG SOO.,9.....uW ASSUMED.
NOTICEa THERE MAY BE ADDITJONAL REStRICTIONS THAT ARE NOT
RECORDED ON THIS PLAT THAT MAY BE FouND IN THE PUBLJC RE-
CORDS OF THJS COUNTY.
A 10' UTJLJTY EASEMENT IS RESERVED ON THE PORTION OF ALL
LOTS ADJACENT TO RIGHT-QF-WAY LINES, UNLESS OTHERWJSE NOTED.
A 5' .UTJLlTY EASEMENT IS RESERVED ALONG ALL SJDE LOT LINES
UNLESS OTHERWJSE NOTED.
TRACT A JS FOR CONSERVATJON AND JS HEREBY DEDJCATED TO
AND TO BE MAINTAINED BY THE HOWELL CREEK RESERVE COMMUNITY
ASSOCJATION, INC. NO CONSTRUCTION, CLEARING, OR ALTERATION OF
THIS TRACT IS AlLOWED UNlESS N'f'RovE08Y CITY OF' WINTER SPRINGS.
FLORIDA AND/OR OTHER APPLICABLE JURISDICTIONAL AGENCy. DEVELOPMENT
RIGHTS ARE DEDICATED TO CITY OF WINTER SPRINGS, FLORIDA.
TRACT B SHOWN ON THE PLAT IS NOT DEDICATED FOR PUBLJC USE,
BUT IS RESERVED, RESTRJCTED AND DEDICATED FOR ACCESS, POLICE,
FIRE PROTECTION, EMERGENCY VEHJCLES, SERVICE VEHICLES
AND OTHER AUTHORITIES OF LAW, AND UTILITY USE BY
THE DEDICATOR AND THE OWNERS, THEIR SUCCESSORS
AND ASSIGNS OF LOTS IN SUCH OTHER SUBDIVISIONS AS
ARE DEVELOPED BY THE DEDICATOR IN SUBSEOUENT PHASES.
1.
8.
9.
,
10.
11.
~
!-
~t:i
It' urll./TY [ASCI/EIfT'
10' 8IJFFER EASEIlEIfT'
It' 1/11LfT"f EASCIlEIfT
SlBS2':WE
/42559'
--15/Jf1-- -- 75JJt1-- ----IOIIJf1----
----.
.
I
I
.
I
I
I
I
I
I
----..--...
- - - - 18m - - - - - - -75/Jt1- - - - .75/Jt1- - - - 7fIX1--.
---J
", I I
121 I_ I.tO 1M 119 I B
I I
I I '"
r--
~ II,..,
- - .'15/Jf1- - - - -711Xl - -
I
~I
I I
1181 B 117 J lIS I B"5 I_
I
i~
7ID(f I I 7fIX1
- - .751111 - -
t
122 'I
I a "' I_ 112 I- III
I ~ no
114
IOtJ
751X1
~
~
~
:::
. ~ ~
l ~
~ ~
~ ~
~ ~
\U .
~ 5
j II
~
D
I(J(}IJ(1
124
TERRN:E
75IJI1
15I/(J'
751X1
l5J1I1
75IJ/)' .
NANDfNA
TNCf IDOIl'O'
''''''''' """. M/JfJ' '15/JfJ' R'>> I I IUf1 '15/JfJ'
~",!"",,~'t,': '........... ., -~,y -
I '7.. I I
U4 1145 I a I I I I
H6 I 141 I 148 I U9
rwsrJIW .
'15DD' fUI1 75JJt1
fI5l1lf
125
I
/32
133
I
1$0
"."...
IIJJ/JO'
u
~
....
106
SIlnI'lft
...
105
SlWWlft
IIDIJt1
KU
SlWstM
ItDI>>
103 l
I
Slnt'lft'
IIIJI>>
~.Jft'
~ I
~ /26 ~;
L ~'*-- ~~
l~
~ IZT ~
."",.. fSIIf"_ t
sent'.Jft
H/fJIJO'
~
· -r
I- ~ I~ I".,
>> ~Jft:
.,; II.O/X1
~8'8'~
TRN:T A
~
/31
3901X1
N/VS1'JIJ'W -----
5852'
I
/5/
I ~
a~
1----'''---
st1f'5I' Jft
ImI>>
/35
~ ~
~~~.
~
I5R
_ S89'52' HE
som
SlJ'St'lff:
IIDI#
/
---...e..----
".- ~-.
UI
I
~.Jft'
II.O/X1
.
I
I
.
.
95 . I
I.
.
I
,
I
----...1..----".
B
~
_I
D
129
136
I
153
.. SI/f!1W.Jft'
(RmnffonJ
8'8'
I 12.OiXJ'
IIlB52'39Y
I
· 8S ~
t---------f\jb I
I ... g
! as D-
p-----..--
~~
' HONELL CREEK RE~NE PHASE TWO ~~-. -
P.B. 50 PGS. ~ .
I
.,
, I
t
.
I
.
I
--._.-r-..--.~-'------_..~-------~--1
, . I I -I
. I I I
. I I _ .
. I ~. ;:T;J I
92 . 9J . .,-y' I
. . . .
. I I
137
HO
I
I
__JCl___~----._...._----, 1
/' /!I.. 8-54'sr: \:,
r . I "
I' R -751X)': .f
: L-2~9': ~~
. I I,
I fU I 63 I t52 I ,
: :'1
I I I
I I
I
, --}---------'
... ., - - - . - -
.
, '
J.
&i .
~ . . . ftat612.W'
R. '. .;:- .,,"".
.1-- - ~~ - -I!. . ~ . ~.5J6.9t
S88'5S'OfrW ~ - . '1,-
Nlrt6'''''; . ..,:,
-.as- ........
_I
,.-------
,
I
.
I
I
1
1
1
I
I
.
I
,
NORTHEAST CORNER
OF SECTION 8-21-31
POINT OF
COMMENCEMENT
9
1 I
I I
I 89 .
I I
88 I I
1 I
I I
I I
I I
I 1
. 1
I
1
1
I
I
I
I
55
I
d
90
91
'iOll
:~
,
t~
. ~i ~
~tll)
I
lU"~
.~:~
st~ .
~ '141
, t
HCN/ELL CREEK RESERVE PHASE TWO
P.8. so PGS. 82-84
I.ZGEIID
"J.. ptA1 BOOIC
fIGS.. ,./tJES
6. . DELT"
R . ItA/1IUS
L . u'IIf1TH OF IRC .
TA . TIIItIE", BEAIfING
1'C .,." OF Q/RIATIJRE
FffC .1'OIIfT OF R&EItSE aJIIIIATURE
", ."., OF T M<<1ICr
I'OB .1'OIIfT OF _
CQ1t.. CORIIfIf
ESIII'.. EAStIlE'"
1J1WII.. DRNII/tJE
11ft ... fWJIlIL
RAa.. RIlJIJL
..
/'z...,_
~D '" ~ft <Nt an.
_."fS8&~ "~.~.. '. I'
.' .' '&.~.'" t
..",,%..~.
" , .' .,;, .... ........., .... .....,),~
. 'JIOfff'IfERa ~~"M. u,,( oF, THE .~..' CHAtiII~ " ~,'. ...,'
.f/I/tNICH .OF' TH8.$E1rIJ(JNtO COAST IJII( ItNlIfOIt) .
. .~.
.,',..:...- .
<aEM ~ 1NSURt\NCE CDMAWV-
580 WALNUT STREET. CINCINNATI. OHIO 45202 . 513-369-5000 . FAX 513-723-2740
POWER OF ATTORNEY
The number of persons authorized by this power of attorney is not more than
'mREE
No.O
15903
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds.
undertakings and contracts of suretyship, or other written obligalions in the nature thereof; for all obligees including any and all consents required
by lhe Department of Transportation, State of Florida, incident to the release of retained percentages and/ or final estimates; provided that the
liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed lhe limit stated
below.
Name
Address
ALL OF
ORIJ\NlX), FIDRIDA
Limit of Power
ALL
UNLIMITED
JOHN F. WATSON, JR.
C .D. MCBRYDE
r::xJNAID B. BCONE
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 7th day of September ,19 95
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 7th day of September, 1995 , before me personally appeared GARY T. DUNBAR, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of lhe Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority
of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions ado pled by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company. as surety, any and a1l
bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certilicate of either given for the execution of any bond.
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICA TION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this
91"1...
day of N\ ~~
, 19~1
S 11578 (9/93) (FLORIDA)
~... ~
Prepared by-end Retum to:-
Geoffrey D. Withers
Graham, Clark, Jones, Pran & Marks
P.O. Drawer 1690
Winter Park. Florida 32790
FOURTH SUPPLEMENTAL DECLARATION TO
DECLARATION OF CONDITIONS, COVENANTS,
EASEMENTS AND RESTRICTIONS FOR
HOWELL CREEK RESERVE COMMUNITY ASSOCIATION, INC.
THIS FOURTH SUPPLEMENTAL DECLARA nON is entered into this If..;)7 day of
J'tu.(~ , 1997 by MORRISON HOMES OF FLORIDA, INC., a Florida Corporation and
by INTOMM, INC., a Delaware corporation qualified to transact business in Florida.
WIT N E SSE T H:
WHEREAS, INTOMM, INC. created that certain Declaration of Conditions, Covenants,
Easements and Restrictions for Howell Creek Reserve Community Association, Inc. dated April
4, 1995, recorded April 25, 1995 in official Records Book 2907, Page 1556 of the Public Records
of Seminole County, Florida (the "Declaration") concerning certain real property located in
Seminole County, Florida; and
WHEREAS, INTOMM, INC. did assign its rights as Declarant under the Declaration to
GEORGE WIMPEY OF FLORIDA, INC., a Florida Corporation, under that certain Assignment
of Declarant's Rights Under Declaration of Covenants, Conditions and Restrictions for Howell
Creek Reserve Community Association, Inc. dated April 27, 1995, which assignment remains in
full force and effect; and
WHEREAS, GEORGE WIMPEY OF FLORIDA, INC. did change its name to
MORRISON HOMES OF FLORIDA, INC. (hereinafter "Declarant") as evidenced by that certain
certificate from the Florida Secretary of State dated July 13, 1995, and recorded in Official
Records Book 2954, Page 71, Public Records of Seminole County, Florida; and
WHEREAS, the Declaration reserves the right unto the Declarant, from time to time, in
its discretion, to cause additional lands to be subjected to the jurisdiction of the Declaration; and
WHEREAS, INTOMM, INC. (hereinafter the "Owner") is now the owner of certain real
property situate in Seminole County, Florida, more particularly described as follows, to wit:
All of HOWELL CREEK RESERVE PHASE THREE according to the
Plat thereof recorded in Plat Book , Pages Public
Records of Seminole County, Florida
(the "Additional Property"); and
WHEREAS, Declarant and Owner, pursuant to the provisions of Article II of the
Declaration, wish to extend the scheme of the Declaration to the Additional Property.
- ~.- .~-------~..- _.._.,~-~~--",
NOW, THEREFORE, Declarant and Owner agree that the above recitals are true and
correct and hereby declare that the Additional Property shall be held, sold and conveyed subject
to the Declaration which is for the purpose of protecting the value and desirability of the
Additional Property and which shall run with such land and shall be binding on all parties having
any right, title or interest in the Properties (to include the Additional Property), as defined in the
Declaration, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
May21,1997
GDW/vll
graham/howell/fourth. sup
IN WITNESS WHEREOF, Declarant and Owner have executed this instrument effective
as of the day and year first above written.
DECLARANT:
MORRISON HOMES OF F D, INC.,
a Florida co lion ~ / /
~ 4-.~--/-----
Witnesses:
(CORPORATE SEAL)
Address: 250 Park Avenue, South, Suite 300
Winter P rk, Florida 32789
:.1'-<>
By:
Prin
Title:
,,..;€ 5
Witnesses:
&0",/ H A-'"
]~?-"~~~ Jr"u~~ ,
/" Pnnt Name: c..l.l-:;A-rJO R s c:-u.uc:.., R.
(CORPORA TE SEAL)
Address: 101 Wymore Road, Suite 400
Altamonte Springs, Florida 32714
STATE OF FLORIDA
COUNTY OF ORANGE
T e foregoing instrument was acknowledged before me this :J-171f day of
, 1997, by S"'nt:-vtf- 1>A:NLf-t- as ,/II vi.' lf6r I fJ-q.J'-;-
of SON HOMES OF FLORIDA, INC., a Florida corporation, on behalf of the
corporation. H~ersonally known to me or has produ d as
identification.
STATE OF FLORIDA
COUNTY OF Sk't1tf'loLC:
A)rint N am _.J
I NOT AR PUBLIC
State of Florida at Large
My Commission Ex' :.
""-;;"'.!,';;;"" - SHELLEY A. LICHT
t:rib.l'r.t':-i M'I COMM~SSION' cc 422048
'~"~:U EXPIRES. J!I1uary 14.1999
V'l'.Rt::r.-~:'-' Bonded Thro NoWy PublIc \)1delWl119l1
The foregoing instrument was acknowledged before me this iJ1:6- day of
.==.i:f=U...Jc:; ,1997, bY'f?w("rlrrJ"A. (';;lIr~E:;~oas t1?~ STj)'~N '"r-ofINTOMNI-,
INC. a Delaware corporation qualified to transact business in Florida, on behalf of the
corporation. He is personally known to me GF-has-produeed---.-.-....----....------- .-------as
.identifiGatffin. ----f-17 J. .
,~o~.-rJ . ~.c~-u...~ j
Pnnt Name: E: /....r;. /II.; () If &..~j)Kf/ I
NOTARY PUBLIC
State of Florida at Large
My Commission Expire:
~~~y Pu8. OFFICIAL NOTARY SEAL
o . ("" ELEANOR SCUDERI
~ ~~: ~ COMMISSION NUMSER
~ ~ CC470880
"'''''~ f MY COMMISSION UP.
Off'-O AUG, 7.1880
May 21, 1997
GDW/vll
grahamlhowelllfourth.sup